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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 Sections 3 and 7 as follows:
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6 | (225 ILCS 225/3) (from Ch. 111 1/2, par. 116.303)
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7 | Sec. 3. As used in this Act, unless the context otherwise | ||||||
8 | requires: | ||||||
9 | (1) "Domestic Sewage" means waste water derived | ||||||
10 | principally from
dwellings, business or office buildings, | ||||||
11 | institutions, food service
establishments, and similar | ||||||
12 | facilities.
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13 | (2) "Director" means Director of the Illinois Department of | ||||||
14 | Public Health.
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15 | (3) "Department" means the Illinois Department of Public | ||||||
16 | Health.
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17 | (4) "Human Wastes" means undigested food and by-products of | ||||||
18 | metabolism
which are passed out of the human body.
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19 | (5) "Person" means any individual, group of individuals, | ||||||
20 | association,
trust, partnership, corporation, person doing | ||||||
21 | business under an assumed
name, the State of Illinois or any | ||||||
22 | Department thereof, or any other entity.
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23 | (6) "Population Equivalent" means an average waste loading |
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1 | equivalent to
that produced by one person which is defined as | ||||||
2 | 100 gallons per day.
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3 | (7) "Private Sewage Disposal System" means any sewage | ||||||
4 | handling or
treatment facility receiving domestic sewage from | ||||||
5 | less than 15 people or
population equivalent and having a | ||||||
6 | ground surface discharge or any sewage
handling or treatment | ||||||
7 | facility receiving domestic sewage and having no
ground surface | ||||||
8 | discharge.
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9 | (8) "Private Sewage Disposal System Installation | ||||||
10 | Contractor" means
any person constructing, installing, | ||||||
11 | repairing, modifying, or
maintaining private sewage disposal | ||||||
12 | systems.
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13 | (9) "Property Owner" means the person in whose name legal | ||||||
14 | title to the
real estate is recorded.
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15 | (10) "Waste" means either human waste or domestic sewage or | ||||||
16 | both.
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17 | (11) "Private Sewage Disposal System Pumping Contractor" | ||||||
18 | means any
person who cleans or pumps waste from a private | ||||||
19 | sewage disposal system or
hauls or disposes of wastes removed | ||||||
20 | therefrom.
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21 | (12) "Alternative private sewage disposal system" means | ||||||
22 | any system designed to address a unique circumstance where the | ||||||
23 | prescriptive requirements of the private sewage disposal code | ||||||
24 | does not apply, where the final treatment and discharge is free | ||||||
25 | flowing through native soil, and where (i) the projected | ||||||
26 | wastewater is likely to be atypical of residential or domestic |
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1 | wastewater in that flow may exceed 1500 gallons per day; (ii) | ||||||
2 | the 5-day biochemical oxygen demand of the wastewater may | ||||||
3 | exceed 300 milligrams per liter; (iii) any portion of the | ||||||
4 | system is to be shared by 2 or more owners; or (iv) any portion | ||||||
5 | of the treated wastewater is proposed for recycling or reuse.
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6 | (13) "NPDES" means the National Pollutant Discharge | ||||||
7 | Elimination System. | ||||||
8 | (14) "Surface Discharging Private Sewage Disposal System" | ||||||
9 | means a sewage disposal system that discharges into the waters | ||||||
10 | of the United States, as that term is used in the Federal Water | ||||||
11 | Pollution Control Act. | ||||||
12 | (Source: P.A. 95-656, eff. 10-11-07.)
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13 | (225 ILCS 225/7) (from Ch. 111 1/2, par. 116.307)
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14 | Sec. 7. (a) The Department shall promulgate and publish and | ||||||
15 | may from time to time
amend a private sewage disposal code | ||||||
16 | which shall include minimum standards
for the design, | ||||||
17 | construction, materials, operation and maintenance of
private | ||||||
18 | sewage disposal systems, for the transportation and disposal of
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19 | wastes removed therefrom and for private sewage disposal system | ||||||
20 | servicing
equipment. In the preparation of the private sewage | ||||||
21 | disposal code, the
Department may consult with and request | ||||||
22 | technical assistance from other
state agencies, and shall | ||||||
23 | consult with other technically qualified
persons
and with | ||||||
24 | owners and operators of such services.
Such technically | ||||||
25 | qualified persons shall include representatives of the real
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1 | estate, development, and building industries.
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2 | (b) The Department is expressly prohibited from amending | ||||||
3 | the private sewage
disposal code by rule if there are increases | ||||||
4 | in the land density requirements.
Amendments that increase the | ||||||
5 | land density requirements must be approved by the
Illinois | ||||||
6 | General Assembly.
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7 | (c) A surface discharging private sewage disposal system | ||||||
8 | with a discharge that enters the waters of the United States, | ||||||
9 | as that term is used in the Federal Water Pollution Control | ||||||
10 | Act, shall not be constructed or installed by any person unless | ||||||
11 | he or she has a coverage letter under a NPDES permit issued by | ||||||
12 | the Illinois Environmental Protection Agency or he or she | ||||||
13 | constructs or installs the surface discharging private sewage | ||||||
14 | disposal system in a jurisdiction in which the local public | ||||||
15 | health department has a general NPDES permit issued by the | ||||||
16 | Illinois Environmental Protection Agency and the surface | ||||||
17 | discharging private sewage disposal system is covered under the | ||||||
18 | general NPDES permit. The private sewage disposal code must be | ||||||
19 | amended to comply with this subsection. | ||||||
20 | (d) Except as provided in subsection (c) of this Section, | ||||||
21 | before
Before the adoption or amendment of the private sewage | ||||||
22 | disposal code,
the Department shall hold a public hearing with | ||||||
23 | respect thereto. At least
20 days' notice for such public | ||||||
24 | hearing shall be given by the Department in
such manner as the | ||||||
25 | Department considers adequate to bring such hearing to
the | ||||||
26 | attention of persons interested in such code. Notice of such |
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1 | public
hearing shall be given by the Department to those who | ||||||
2 | file a request for a
notice of any such hearings.
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3 | (Source: P.A. 88-690, eff. 1-24-95.)
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4 | Section 10. The Environmental Protection Act is amended by | ||||||
5 | adding Section 3.487 and by changing Section 12 as follows: | ||||||
6 | (415 ILCS 5/3.487 new)
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7 | Sec. 3.487. Surface discharging private sewage disposal | ||||||
8 | system. "Surface discharging private sewage disposal system" | ||||||
9 | means a sewage disposal system that discharges into the waters | ||||||
10 | of the United States, as that term is used in the Federal Water | ||||||
11 | Pollution Control Act.
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12 | (415 ILCS 5/12) (from Ch. 111 1/2, par. 1012)
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13 | Sec. 12. Actions prohibited. No person shall:
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14 | (a) Cause or threaten or allow the discharge of any | ||||||
15 | contaminants
into the environment in any State so as to cause | ||||||
16 | or tend to cause water
pollution in Illinois, either alone or | ||||||
17 | in combination with matter from
other sources, or so as to | ||||||
18 | violate regulations or standards adopted by
the Pollution | ||||||
19 | Control Board under this Act.
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20 | (b) Construct, install, or operate any equipment, | ||||||
21 | facility, vessel,
or aircraft capable of causing or | ||||||
22 | contributing to water pollution, or
designed to prevent water | ||||||
23 | pollution, of any type designated by Board
regulations, without |
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1 | a permit granted by the Agency, or in violation of
any | ||||||
2 | conditions imposed by such permit.
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3 | (c) Increase the quantity or strength of any discharge of
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4 | contaminants into the waters, or construct or install any sewer | ||||||
5 | or
sewage treatment facility or any new outlet for contaminants | ||||||
6 | into the
waters of this State, without a permit granted by the | ||||||
7 | Agency.
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8 | (d) Deposit any contaminants upon the land in such place | ||||||
9 | and manner
so as to create a water pollution hazard.
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10 | (e) Sell, offer, or use any article in any area in which | ||||||
11 | the Board
has by regulation forbidden its sale, offer, or use | ||||||
12 | for reasons of water
pollution control.
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13 | (f) Cause, threaten or allow the discharge of any | ||||||
14 | contaminant into
the waters of the State, as defined herein, | ||||||
15 | including but not limited
to, waters to any sewage works, or | ||||||
16 | into any well or from any point
source within the State, | ||||||
17 | without an NPDES permit for point source
discharges issued by | ||||||
18 | the Agency under Section 39(b) of this Act, or in
violation of | ||||||
19 | any term or condition imposed by such permit, or in
violation | ||||||
20 | of any NPDES permit filing requirement established under
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21 | Section 39(b), or in violation of any regulations adopted by | ||||||
22 | the Board
or of any order adopted by the Board with respect to | ||||||
23 | the NPDES program.
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24 | No permit shall be required under this subsection and under | ||||||
25 | Section
39(b) of this Act for any discharge for which a permit | ||||||
26 | is not required
under the Federal Water Pollution Control Act, |
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1 | as now or hereafter
amended, and regulations pursuant thereto.
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2 | For all purposes of this Act, a permit issued by the | ||||||
3 | Administrator of the
United States Environmental Protection | ||||||
4 | Agency under Section 402 of the Federal
Water Pollution Control | ||||||
5 | Act, as now or hereafter amended, shall be deemed
to be a | ||||||
6 | permit issued by the Agency pursuant to Section 39(b) of this | ||||||
7 | Act.
However, this shall not apply to the exclusion from the | ||||||
8 | requirement of an
operating permit provided under Section | ||||||
9 | 13(b)(i).
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10 | Compliance with the terms and conditions of any permit | ||||||
11 | issued under Section
39(b) of this Act shall be deemed | ||||||
12 | compliance with this subsection except
that it shall not be | ||||||
13 | deemed compliance with any standard or effluent limitation
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14 | imposed for a toxic pollutant injurious to human health.
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15 | In any case where a permit has been timely applied for | ||||||
16 | pursuant to Section
39(b) of this Act but final administrative | ||||||
17 | disposition of such application
has not been made, it shall not | ||||||
18 | be a violation of this subsection to discharge
without such | ||||||
19 | permit unless the complainant proves that final administrative
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20 | disposition has not been made because of the failure of the | ||||||
21 | applicant to
furnish information reasonably required or | ||||||
22 | requested in order to process
the application.
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23 | (g) Cause, threaten or allow the underground injection of | ||||||
24 | contaminants
without a UIC permit issued by the Agency under | ||||||
25 | Section 39(d) of this Act,
or in violation of any term or | ||||||
26 | condition imposed by such permit, or in violation
of any |
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1 | regulations or standards adopted by the Board or of any order | ||||||
2 | adopted
by the Board with respect to the UIC program.
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3 | No permit shall be required under this subsection and under | ||||||
4 | Section 39(d)
of this Act for any underground injection of | ||||||
5 | contaminants for which a permit
is not required under Part C of | ||||||
6 | the Safe Drinking Water Act (P.L. 93-523),
as amended, unless a | ||||||
7 | permit is authorized or required under regulations
adopted by | ||||||
8 | the Board pursuant to Section 13 of this Act.
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9 | (h) Introduce contaminants into a sewage works from any | ||||||
10 | nondomestic
source except in compliance with the regulations | ||||||
11 | and standards adopted by
the Board under this Act. | ||||||
12 | (i) Construct or install a surface discharging private | ||||||
13 | sewage disposal system that discharges into the waters of the | ||||||
14 | United States, as that term is used in the Federal Water | ||||||
15 | Pollution Control Act, unless he or she has a coverage letter | ||||||
16 | under a NPDES permit issued by the Illinois Environmental | ||||||
17 | Protection Agency or he or she is constructing or installing | ||||||
18 | the surface discharging private sewage disposal system in a | ||||||
19 | jurisdiction in which the local public health department has a | ||||||
20 | general NPDES permit issued by the Illinois Environmental | ||||||
21 | Protection Agency and the surface discharging private sewage | ||||||
22 | disposal system is covered under the general NPDES permit.
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23 | (Source: P.A. 92-574, eff. 6-26-02.)
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24 | Section 99. Effective date. This Act takes effect January | ||||||
25 | 1, 2011.
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