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| 1 | AN ACT concerning regulation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Private Sewage Disposal Licensing Act is | ||||||
| 5 | amended by changing Section 3 and by adding Section 8.5 as | ||||||
| 6 | follows:
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| 7 | (225 ILCS 225/3) (from Ch. 111 1/2, par. 116.303)
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| 8 | Sec. 3. As used in this Act, unless the context otherwise | ||||||
| 9 | requires: | ||||||
| 10 | (1) "Domestic Sewage" means waste water derived | ||||||
| 11 | principally from
dwellings, business or office buildings, | ||||||
| 12 | institutions, food service
establishments, and similar | ||||||
| 13 | facilities.
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| 14 | (2) "Director" means Director of the Illinois Department of | ||||||
| 15 | Public Health.
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| 16 | (3) "Department" means the Illinois Department of Public | ||||||
| 17 | Health.
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| 18 | (4) "Human Wastes" means undigested food and by-products of | ||||||
| 19 | metabolism
which are passed out of the human body.
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| 20 | (5) "Person" means any individual, group of individuals, | ||||||
| 21 | association,
trust, partnership, corporation, person doing | ||||||
| 22 | business under an assumed
name, the State of Illinois or any | ||||||
| 23 | Department thereof, or any other entity.
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| 1 | (6) "Population Equivalent" means an average waste loading | ||||||
| 2 | equivalent to
that produced by one person which is defined as | ||||||
| 3 | 100 gallons per day.
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| 4 | (7) "Private Sewage Disposal System" means any sewage | ||||||
| 5 | handling or
treatment facility receiving domestic sewage from | ||||||
| 6 | less than 15 people or
population equivalent and having a | ||||||
| 7 | ground surface discharge or any sewage
handling or treatment | ||||||
| 8 | facility receiving domestic sewage and having no
ground surface | ||||||
| 9 | discharge.
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| 10 | (8) "Private Sewage Disposal System Installation | ||||||
| 11 | Contractor" means
any person constructing, installing, | ||||||
| 12 | repairing, modifying, or
maintaining private sewage disposal | ||||||
| 13 | systems.
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| 14 | (9) "Property Owner" means the person in whose name legal | ||||||
| 15 | title to the
real estate is recorded.
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| 16 | (10) "Waste" means either human waste or domestic sewage or | ||||||
| 17 | both.
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| 18 | (11) "Private Sewage Disposal System Pumping Contractor" | ||||||
| 19 | means any
person who cleans or pumps waste from a private | ||||||
| 20 | sewage disposal system or
hauls or disposes of wastes removed | ||||||
| 21 | therefrom.
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| 22 | (12) "Nonconforming private sewage disposal system" means | ||||||
| 23 | any system where the final treatment and discharge is free | ||||||
| 24 | flowing through native soil and where (i) the projected | ||||||
| 25 | wastewater is likely to be atypical of residential or domestic | ||||||
| 26 | wastewater in that flow may exceed 1500 gallons per day; (ii) | ||||||
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| 1 | the 5-day biochemical oxygen demand of the wastewater may | ||||||
| 2 | exceed 300 milligrams per liter; (iii) any portion of the | ||||||
| 3 | system is to be shared by 2 or more owners; or (iv) any portion | ||||||
| 4 | of the treated wastewater is proposed for recycling or reuse. | ||||||
| 5 | (Source: P.A. 84-670.)
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| 6 | (225 ILCS 225/8.5 new)
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| 7 | Sec. 8.5. Approval of nonconforming private sewage | ||||||
| 8 | disposal systems. Notwithstanding any other provision of this | ||||||
| 9 | Act, beginning on the effective date of this amendatory Act of | ||||||
| 10 | the 95th General Assembly, nonconforming private sewage | ||||||
| 11 | disposal systems shall not be subject to prescribed design | ||||||
| 12 | requirements of the private sewage code, but must instead be | ||||||
| 13 | designed individually by a professional engineer licensed | ||||||
| 14 | under the Professional Engineering Practice Act of 1989 or an | ||||||
| 15 | environmental health practitioner licensed under the | ||||||
| 16 | Environmental Health Practitioner Licensing Act and approved | ||||||
| 17 | by the Department on a case-by-case basis where the proposed | ||||||
| 18 | design reasonably addresses issues particular to the proposed | ||||||
| 19 | system, including without limitation flow volume projections, | ||||||
| 20 | wastewater composition and pretreatment, treatment and flow in | ||||||
| 21 | the subsurface environment, and system ownership and | ||||||
| 22 | maintenance responsibility.
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| 23 | Section 99. Effective date. This Act takes effect upon | ||||||
| 24 | becoming law.
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