Full Text of HB4850 93rd General Assembly
HB4850 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4850
Introduced 02/04/04, by Ricca Slone SYNOPSIS AS INTRODUCED: |
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30 ILCS 105/5.625 new |
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225 ILCS 225/4 |
from Ch. 111 1/2, par. 116.304 |
225 ILCS 225/8 |
from Ch. 111 1/2, par. 116.308 |
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Amends the
Private
Sewage Disposal Licensing Act. Provides that any person who constructs,
installs,
modifies, repairs, maintains, operates, or services a private sewage disposal
system or
transports and disposes of waste removed from the private sewage disposal
system
is
subject to the Environmental Protection Act and its rules in addition to the
Private
Sewage Disposal Licensing Act and the private sewage disposal code. Provides
that no
person or private sewage disposal system contractor may install a surface
discharging
private sewage disposal system, unless the Department of Public Health
determines that
no feasible alternative to the surface discharging private sewage disposal
system is
available and the owner of the system fulfills specified requirements. Requires
the
Department to amend the private sewage disposal code.
Provides that
no person
may operate a surface discharging private sewage disposal system, unless
specified
conditions are met. Provides for deposit of fees collected under the Act into
the Private
Sewage Disposal Program Fund. Prohibits the Department from issuing approval of
a
new surface discharge system on a property platted or recorded after July 1,
2005,
unless the Department of Public Health
determines that
no feasible alternative to the surface discharging private sewage disposal
system is
available and the owner of the system fulfills specified requirements.
Adds to and amends the list of powers and duties of the
Department of Public Health under the Act. Amends the State Finance Act to
create the
Private Sewage Disposal Program Fund as a special fund in the State treasury.
Effective
immediately.
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A BILL FOR
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HB4850 |
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LRB093 19643 BDD 45384 b |
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| AN ACT concerning sewage disposal.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by adding | 5 |
| Section
5.625 as follows:
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| (30 ILCS 105/5.625 new)
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| Sec. 5.625. The Private Sewage Disposal Program Fund.
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| Section 10. The Private Sewage Disposal Licensing Act is | 9 |
| amended by changing
Sections 4 and 8 as follows:
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| (225 ILCS 225/4)
(from Ch. 111 1/2, par. 116.304)
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| Sec. 4. (a) After January 1, 1974, no person or private | 12 |
| sewage disposal
system contractor may construct, install, | 13 |
| modify, repair, maintain,
operate, or
service a private sewage | 14 |
| disposal system or transport and dispose of waste
removed | 15 |
| therefrom, in such a manner that does not comply with the
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| requirements of this Act , the Illinois Environmental | 17 |
| Protection Act, the
applicable rules adopted
pursuant to the
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| Illinois Environmental Protection Act,
and the private sewage | 19 |
| disposal code promulgated
hereunder by the Department. A person | 20 |
| who owns and occupies a single
family dwelling and who | 21 |
| constructs, installs, maintains, services or cleans
the | 22 |
| private sewage disposal system which serves his single family | 23 |
| residence
shall not be required to be licensed under this Act, | 24 |
| however, such person
shall comply with all other provisions of | 25 |
| this Act and the private sewage
disposal code promulgated | 26 |
| hereunder by the Department.
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| Any person who constructs, installs, repairs, modifies, or | 28 |
| maintains a
private sewage disposal system, other than a system | 29 |
| which serves his own
single family residence, shall be licensed | 30 |
| by the Department as a Private
Sewage System Installation |
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LRB093 19643 BDD 45384 b |
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| Contractor and any person who cleans or pumps
waste from a | 2 |
| private sewage disposal system, other than a system which
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| serves his own single family residence, or hauls or disposes of | 4 |
| wastes
removed therefrom shall be licensed by the Department as | 5 |
| a Private Sewage
Disposal System Pumping Contractor in | 6 |
| accordance with this Act.
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| (b) No new private sewage disposal system shall be | 8 |
| installed by any
person until drawings, specifications and | 9 |
| other information requested by
the Department are submitted to | 10 |
| and reviewed by the Department and found to
comply with the | 11 |
| private sewage disposal code, and until approval for the
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| installation of such system is issued by the Department.
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| (c) The licensing requirements of this Act shall not apply | 14 |
| to any
person who cleans or pumps, hauls or disposes of waste | 15 |
| from chemical
toilets located in an underground coal mine. This | 16 |
| waste shall be (i)
transported to and disposed of at a sewage | 17 |
| treatment facility permitted by
the Illinois Environmental | 18 |
| Protection Agency and located on the mine
property, or (ii) | 19 |
| stored on-site in a sanitary manner pending removal and
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| subsequent disposal by a licensed private sewage disposal | 21 |
| pumping contractor.
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| (d) Beginning July 1, 2005, no person or private sewage | 23 |
| disposal system
contractor may install a surface discharging | 24 |
| private sewage disposal system,
unless the
Department | 25 |
| determines that no feasible alternative to the surface | 26 |
| discharging
private
sewage disposal system is available and the | 27 |
| owner of the system fulfills the
requirements
stated in this | 28 |
| subsection and rules adopted pursuant this subsection. Before
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| July 1, 2005,
the Department shall amend the private sewage | 30 |
| disposal code. The amendments
shall
include conditions and | 31 |
| criteria under which the Department may determine that
no
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| feasible alternative to a surface discharge is available. The | 33 |
| Department shall
do all of the
following when establishing | 34 |
| rules to determine that no feasible alternative is
available:
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| (1) Revise the private sewage disposal code to | 36 |
| encourage the connection
of properties to decentralized |
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HB4850 |
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LRB093 19643 BDD 45384 b |
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| cluster systems or public sewers.
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| (2) Establish that soil evaluations shall be conducted | 3 |
| to determine if any
combination of soil texture, structure, | 4 |
| topography, limiting layer, and
permeability may be used to | 5 |
| support the use of a subsurface seepage system.
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| (3) Consider all available private sewage disposal | 7 |
| system technologies
before allowing a new surface | 8 |
| discharge system.
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| (4) Establish procedures to approve designs capable of | 10 |
| meeting specific
and measurable performance requirements | 11 |
| to expedite the reduction of surface
discharge systems.
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| (5) Establish and require effluent reduction methods | 13 |
| when a surface
discharge system is approved.
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| (6) Establish requirements to minimize surface | 15 |
| discharges that cross
property lines, create nuisances, | 16 |
| and may create mosquito breeding areas that
foster diseases | 17 |
| such as West Nile Virus and other mosquito borne diseases.
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| (e) Beginning July 1, 2005, no person may operate a surface | 19 |
| discharging
private
sewage disposal system, unless all of the | 20 |
| following conditions are met:
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| (1) The owner provides for the operation and | 22 |
| maintenance of the system
by licensed and qualified persons | 23 |
| pursuant to rules adopted by the Department.
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| (2) Monitoring of the discharge is conducted.
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| (3) The owner or operator has applied for and received | 26 |
| a National
Pollutant Discharge Elimination System Permit.
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| (4) The effluent quality meets the applicable | 28 |
| limitations of State and
federal laws and rules.
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| Before July 1, 2005, the Department shall amend the private | 30 |
| sewage disposal
code
to include criteria for the maintenance, | 31 |
| operation, and monitoring of surface
discharging
private | 32 |
| sewage disposal systems installed or operated pursuant to | 33 |
| subsection
(d).
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| (f) There is hereby created in the State treasury a special | 35 |
| fund to be known
as the
Private Sewage Disposal Program Fund. | 36 |
| All fees collected by the Department for
exams,
licenses, |
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| permits, and fines in accordance with this Act shall be | 2 |
| deposited
into the Fund
and shall be appropriated by the | 3 |
| General Assembly to the Department. Gifts,
grants, and moneys | 4 |
| from other governmental agencies may be deposited into the
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| Fund. Subject to
appropriation, moneys from this Fund shall be | 6 |
| used by the Department to
administer this
Act, including | 7 |
| establishing and maintaining an NPDES Permit Program in
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| conjunction with the Illinois Environmental Protection Agency | 9 |
| and supporting
private sewage disposal education and training. | 10 |
| Interest generated by this Fund
shall be
returned to the Fund. | 11 |
| Monies in the Fund shall be appropriated and used only
for the | 12 |
| purposes stated in this Act.
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| (g) The Department shall not issue approval of a new | 14 |
| surface discharging
private sewage disposal system on
any | 15 |
| property platted or recorded after July 1, 2005,
unless the
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| Department determines that no feasible alternative to the | 17 |
| surface discharging
private
sewage disposal system is | 18 |
| available and the owner of the system fulfills the
requirements
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| stated in subsection (d) and rules adopted pursuant that | 20 |
| subsection.
Assurance that connection to a public sewer,
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| decentralized
cluster system, community sewer, or an | 22 |
| individual subsurface private sewage
disposal
system with a | 23 |
| dedicated alternative area shall be provided for newly platted
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| property,
unless the
Department determines that no feasible | 25 |
| alternative to the surface discharging
private
sewage disposal | 26 |
| system is available and the owner of the system fulfills the
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| requirements
stated in subsection (d) and rules adopted | 28 |
| pursuant that subsection.
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| (h) In order to assure that the analysis of wastewater | 30 |
| samples submitted for
NPDES permit compliance and for other | 31 |
| performance compliance is conducted
properly,
laboratories | 32 |
| that conduct wastewater testing shall be certified by the
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| Environmental
Protection Agency to conduct this wastewater | 34 |
| analysis.
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| (i) It is the intent of this amendatory Act of the 93rd | 36 |
| General Assembly
that (i) the
number of new surface discharging |
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LRB093 19643 BDD 45384 b |
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| systems permitted by the Department be
reduced to
as few as | 2 |
| possible and (ii) the Department establish a program for | 3 |
| existing
private sewage
disposal systems with surface | 4 |
| discharges on or before July 1, 2005.
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| (Source: P.A. 86-1195.)
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| (225 ILCS 225/8)
(from Ch. 111 1/2, par. 116.308)
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| Sec. 8. In addition to promulgating and publishing the | 8 |
| private sewage
disposal
code, the Department has the following | 9 |
| powers and duties:
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| (1) Make such inspections as are necessary to determine | 11 |
| satisfactory
compliance with this Act and the private | 12 |
| sewage disposal code.
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| (2) Cause investigations to be made when a violation of | 14 |
| any provisions
of this Act or the private sewage disposal | 15 |
| code is reported to the
Department.
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| (3) Subject to constitutional limitations, by its | 17 |
| representatives after
identification, enter at reasonable | 18 |
| times upon private or public property
for the purpose of | 19 |
| inspecting and investigating conditions relating to the
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| administration and enforcement of this Act and the private | 21 |
| sewage disposal
code.
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| (4) Institute or cause to be instituted legal | 23 |
| proceedings in the circuit
court by the State's Attorney of | 24 |
| the county where such non-compliance
occurred or by the | 25 |
| Attorney General of the State of Illinois in cases of
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| non-compliance with the provisions of this Act and the | 27 |
| private sewage
disposal code.
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| (5) Authorize the trial or experimental use of new | 29 |
| innovative systems
for private sewage disposal, upon such | 30 |
| conditions as the Department may
set.
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| (6) Adopt minimum performance standards for private | 32 |
| sewage disposal
system contractors.
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| (7) Issue an annual license to
every applicant who | 34 |
| complies with the requirements of this Act and the
private | 35 |
| sewage disposal code and
who pays the required annual |
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LRB093 19643 BDD 45384 b |
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| license fee.
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| (8) Collect an annual license fee in an amount | 3 |
| determined by the
Department from each licensee
contractor | 4 |
| and any examination and
reinstatement fees.
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| (9) Prescribe rules of procedure for hearings | 6 |
| following denial,
suspension or revocation of licenses as | 7 |
| provided in this Act.
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| (10) Issue permits for the construction, installation, | 9 |
| operation,
maintenance,
monitoring, and management of | 10 |
| onsite wastewater treatment systems and shall
establish a
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| fee for each permit issued. Operation, maintenance, | 12 |
| monitoring, and management
permits shall include | 13 |
| performance requirements.
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| (11) Establish performance and maintenance | 15 |
| requirements specific to
individual
systems.
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| (12) Establish procedures to approve designs capable | 17 |
| of meeting specific
and
measurable performance | 18 |
| requirements.
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| (13) Require approved contingency plans to
prevent
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| catastrophic failures.
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| (14) Administer a program for limited term operating | 22 |
| permits that are
renewable
upon documented compliance with | 23 |
| permit conditions and require system
inspections at
the | 24 |
| time of operating permit renewal.
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| (15) Establish and administer a program for time of | 26 |
| sale and change in use
inspections.
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| (16) Administer a program for periodic compliance | 28 |
| monitoring and
reporting.
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| (17) Maintain a construction permit file including | 30 |
| site evaluation,
design,
installation, inspection reports, | 31 |
| and record drawings of systems.
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| (18) Establish and administer a tracking system for | 33 |
| operating permits and
residuals hauling and disposal and | 34 |
| establish fees for implementing this system.
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| (19) Establish standards for surface and subsurface | 36 |
| discharges from
private
sewage disposal systems.
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HB4850 |
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LRB093 19643 BDD 45384 b |
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| (Source: P.A. 85-1261.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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