Bill Status of HB 170   96th General Assembly

Short Description:  PRIV SEWAGE/EPA-SRFCE DSCHRG

House Sponsors
Rep. Michael W. Tryon-Elaine Nekritz-Luis Arroyo-Patricia R. Bellock-Karen May, Keith Farnham and Maria Antonia Berrios

Senate Sponsors
(Sen. Susan Garrett-Louis S. Viverito-Michael Noland-Pamela J. Althoff)


Last Action  View All Actions

DateChamber Action
  11/3/2009HousePublic Act . . . . . . . . . 96-0801

Statutes Amended In Order of Appearance
225 ILCS 225/3from Ch. 111 1/2, par. 116.303
225 ILCS 225/7from Ch. 111 1/2, par. 116.307
415 ILCS 5/3.487 new
415 ILCS 5/11from Ch. 111 1/2, par. 1011

Synopsis As Introduced
Amends the Private Sewage Disposal Licensing Act to prohibit the installation of surface discharging septic systems without a National Pollutant Discharge Elimination System (NPDES) permit issued by the Illinois Environmental Protection Agency. Requires the amendment of the private sewage disposal code to reflect this permit requirement. In the Environmental Protection Act, sets forth a General Assembly finding that compliance with the federal Clean Water Act dictates that the Agency require NPDES permits for surface discharging private sewage disposal systems that discharge into waters of the State. Effective June 30, 2009.

House Floor Amendment No. 1
Deletes reference to:
415 ILCS 5/11from Ch. 111 1/2, par. 1011
Adds reference to:
415 ILCS 5/12from Ch. 111 1/2, par. 1012

Replaces everything after the enacting clause. Amends the Private Sewage Disposal Licensing Act. Provides that a surface discharging private sewage disposal system with a discharge that enters the waters of the United States, as that term is used in the Federal Water Pollution Control Act, shall not be constructed or installed by any person unless he or she has a coverage letter under a National Pollution Discharge Elimination System (NPDES) permit issued by the Illinois Environmental Protection Agency (EPA) or he or she constructs or installs the surface discharging private sewage disposal system in a jurisdiction in which the local public health department has a general NPDES permit issued by the Illinois EPA and the surface discharging private sewage disposal system is covered under the general NPDES permit. Amends the Environmental Protection Act. Provides that no person shall construct or install a surface discharging private sewage disposal system that discharges into the waters of the United States, as that term is used in the Federal Water Pollution Control Act, unless he or she has a coverage letter under a NPDES permit issued by the Illinois EPA or he or she is constructing or installing the surface discharging private sewage disposal system in a jurisdiction in which the local public health department has a general NPDES permit issued by the Illinois EPA and the surface discharging private sewage disposal system is covered under the general NPDES permit. Defines "surface discharging private sewage disposal system". Effective on January 1, 2011.

Senate Floor Amendment No. 2
Provides that the prohibition on the construction and installation of a surface discharging private sewage disposal system without certain permits takes effect in 2013 (rather than 2011). Provides that the private sewage disposal code must be amended before January 1, 2013 (now, a date is not listed). Provides that, beginning in 2013, (rather than 2011) no person shall construct or install a surface discharging private sewage disposal system without meeting certain permitting requirements. Removes a provision that delayed the Act's effectiveness until January 1, 2011.

Governor Amendatory Veto Message
Recommends: replacing references to "waters of the United States, as that term is used in the Federal Water Pollution Control Act" with references to "waters of the United States, as defined at 40 C.F.R. § 122.2"; and deleting language authorizing a person to construct or install a surface discharging private sewage disposal system in a jurisdiction in which the local public health department has a general NPDES permit issued by the Illinois Environmental Protection Agency and the surface discharging private sewage disposal system is covered under the general NPDES permit.

Actions 
DateChamber Action
  1/13/2009HousePrefiled with Clerk by Rep. Michael W. Tryon
  1/14/2009HouseFirst Reading
  1/14/2009HouseReferred to Rules Committee
  2/4/2009HouseAdded Chief Co-Sponsor Rep. Elaine Nekritz
  2/4/2009HouseAdded Chief Co-Sponsor Rep. Luis Arroyo
  2/4/2009HouseAssigned to Environment & Energy Committee
  3/11/2009HouseDo Pass / Short Debate Environment & Energy Committee; 012-002-000
  3/12/2009HousePlaced on Calendar 2nd Reading - Short Debate
  3/24/2009HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Michael W. Tryon
  3/24/2009HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/26/2009HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 005-000-000
  3/27/2009HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Michael W. Tryon
  3/27/2009HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/30/2009HouseHouse Floor Amendment No. 2 Rules Refers to Environment & Energy Committee
  3/31/2009HouseHouse Floor Amendment No. 2 Recommends Be Adopted Environment & Energy Committee; 012-000-000
  3/31/2009HouseSecond Reading - Short Debate
  3/31/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  4/1/2009HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  4/1/2009HouseHouse Floor Amendment No. 2 Withdrawn by Rep. Michael W. Tryon
  4/1/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/2/2009HouseChief Co-Sponsor Rep. Patricia R. Bellock
  4/2/2009HouseChief Co-Sponsor Rep. Karen May
  4/2/2009HouseCo-Sponsor Rep. Keith Farnham
  4/2/2009HouseThird Reading - Short Debate - Passed 083-034-000
  4/2/2009SenateArrive in Senate
  4/2/2009SenatePlaced on Calendar Order of First Reading April 21, 2009
  4/2/2009SenateChief Senate Sponsor Sen. Pamela J. Althoff
  4/15/2009SenateFirst Reading
  4/15/2009SenateReferred to Assignments
  4/22/2009SenateAssigned to Environment
  4/28/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Louis S. Viverito
  4/29/2009SenatePostponed - Environment
  4/30/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Michael Noland
  5/6/2009SenateDo Pass Environment; 005-003-001
  5/6/2009SenatePlaced on Calendar Order of 2nd Reading May 7, 2009
  5/7/2009SenateSecond Reading
  5/7/2009SenatePlaced on Calendar Order of 3rd Reading May 12, 2009
  5/12/2009SenateAlternate Chief Sponsor Changed to Sen. Susan Garrett
  5/12/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
  5/15/2009SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Susan Garrett
  5/15/2009SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/17/2009SenateSenate Floor Amendment No. 1 Assignments Refers to Environment
  5/17/2009SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Susan Garrett
  5/17/2009SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/17/2009SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Susan Garrett
  5/17/2009SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/18/2009SenateSenate Floor Amendment No. 2 Assignments Refers to Environment
  5/18/2009SenateSenate Floor Amendment No. 3 Assignments Refers to Environment
  5/18/2009SenateSenate Floor Amendment No. 1 Postponed - Environment
  5/18/2009SenateSenate Floor Amendment No. 2 Recommend Do Adopt Environment; 005-000-000
  5/18/2009SenateSenate Floor Amendment No. 3 Postponed - Environment
  5/21/2009SenateRecalled to Second Reading
  5/21/2009SenateSenate Floor Amendment No. 2 Adopted; Garrett
  5/21/2009SenatePlaced on Calendar Order of 3rd Reading
  5/21/2009SenateThird Reading - Passed; 059-000-000
  5/21/2009SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/21/2009SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  5/21/2009HouseArrived in House
  5/21/2009HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  5/26/2009HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Michael W. Tryon
  5/26/2009HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/26/2009HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/27/2009HouseSenate Floor Amendment No. 2 House Concurs 079-035-001
  5/27/2009HousePassed Both Houses
  5/27/2009HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  6/25/2009HouseSent to the Governor
  8/24/2009HouseGovernor Amendatory Veto
  10/5/2009HousePlaced on Calendar Amendatory Veto October 14, 2009
  10/5/2009HouseMotion Filed Override Amendatory Veto Rep. Michael W. Tryon
  10/14/2009House3/5 Vote Required
  10/14/2009HouseOverride Amendatory Veto - House Passed 082-031-000
  10/22/2009SenatePlaced on Calendar Amendatory Veto October 28, 2009
  10/28/2009SenateMotion Filed Override Amendatory Veto Sen. Susan Garrett
  10/30/2009Senate3/5 Vote Required
  10/30/2009SenateOverride Amendatory Veto - Senate Passed 050-005-000
  10/30/2009HouseAmendatory Veto Overridden Both Houses
  11/3/2009HouseEffective Date January 1, 2010
  11/3/2009HousePublic Act . . . . . . . . . 96-0801

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