|
Rep. Michael Tryon
Filed: 3/29/2007
|
|
09500HB3728ham001 |
|
LRB095 11446 RAS 34758 a |
|
|
1 |
| AMENDMENT TO HOUSE BILL 3728
|
2 |
| AMENDMENT NO. ______. Amend House Bill 3728 by replacing |
3 |
| everything after the enacting clause with the following:
|
4 |
| "Section 5. The Private Sewage Disposal Licensing Act is |
5 |
| amended by changing Sections 3 and 7 As follows:
|
6 |
| (225 ILCS 225/3) (from Ch. 111 1/2, par. 116.303)
|
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.
|
13 |
| (2) "Director" means Director of the Illinois Department of |
14 |
| Public Health.
|
15 |
| (3) "Department" means the Illinois Department of Public |
16 |
| Health.
|
|
|
|
09500HB3728ham001 |
- 2 - |
LRB095 11446 RAS 34758 a |
|
|
1 |
| (4) "Human Wastes" means undigested food and by-products of |
2 |
| metabolism
which are passed out of the human body.
|
3 |
| (5) "Person" means any individual, group of individuals, |
4 |
| association,
trust, partnership, corporation, person doing |
5 |
| business under an assumed
name, the State of Illinois or any |
6 |
| Department thereof, or any other entity.
|
7 |
| (6) "Population Equivalent" means an average waste loading |
8 |
| equivalent to
that produced by one person which is defined as |
9 |
| 100 gallons per day.
|
10 |
| (7) "Private Sewage Disposal System" means any sewage |
11 |
| handling or
treatment facility receiving domestic sewage from |
12 |
| less than 15 people or
population equivalent and having a |
13 |
| ground surface discharge or any sewage
handling or treatment |
14 |
| facility receiving domestic sewage and having no
ground surface |
15 |
| discharge.
|
16 |
| (8) "Private Sewage Disposal System Installation |
17 |
| Contractor" means
any person constructing, installing, |
18 |
| repairing, modifying, or
maintaining private sewage disposal |
19 |
| systems.
|
20 |
| (9) "Property Owner" means the person in whose name legal |
21 |
| title to the
real estate is recorded.
|
22 |
| (10) "Waste" means either human waste or domestic sewage or |
23 |
| both.
|
24 |
| (11) "Private Sewage Disposal System Pumping Contractor" |
25 |
| means any
person who cleans or pumps waste from a private |
26 |
| sewage disposal system or
hauls or disposes of wastes removed |
|
|
|
09500HB3728ham001 |
- 3 - |
LRB095 11446 RAS 34758 a |
|
|
1 |
| therefrom.
|
2 |
| (12) "NPDES" means the National Pollutant Discharge |
3 |
| Elimination System.
|
4 |
| (13) "Surface Discharging Septic System" means a septic |
5 |
| system that discharges liquid waste directly or indirectly to a |
6 |
| collection tile, a natural drainage way, or the waters of the |
7 |
| State. |
8 |
| (Source: P.A. 84-670 .)
|
9 |
| (225 ILCS 225/7) (from Ch. 111 1/2, par. 116.307)
|
10 |
| Sec. 7. (a) The Department shall promulgate and publish and |
11 |
| may from time to time
amend a private sewage disposal code |
12 |
| which shall include minimum standards
for the design, |
13 |
| construction, materials, operation and maintenance of
private |
14 |
| sewage disposal systems, for the transportation and disposal of
|
15 |
| wastes removed therefrom and for private sewage disposal system |
16 |
| servicing
equipment. In the preparation of the private sewage |
17 |
| disposal code, the
Department may consult with and request |
18 |
| technical assistance from other
state agencies, and shall |
19 |
| consult with other technically qualified
persons
and with |
20 |
| owners and operators of such services.
Such technically |
21 |
| qualified persons shall include representatives of the real
|
22 |
| estate, development, and building industries.
|
23 |
| (b) The Department is expressly prohibited from amending |
24 |
| the private sewage
disposal code by rule if there are increases |
25 |
| in the land density requirements.
Amendments that increase the |
|
|
|
09500HB3728ham001 |
- 4 - |
LRB095 11446 RAS 34758 a |
|
|
1 |
| land density requirements must be approved by the
Illinois |
2 |
| General Assembly.
|
3 |
| (c) Beginning January 1, 2009, a surface discharging septic |
4 |
| system that enters waters of the State shall not be installed |
5 |
| by any person without the issuance of a coverage letter under a |
6 |
| general NPDES permit issued by the Illinois Environmental |
7 |
| Protection Agency, and the private sewage disposal code must be |
8 |
| so amended.
|
9 |
| (d) Except as provided in subsection (c) of this Section, |
10 |
| before
Before the adoption or amendment of the private sewage |
11 |
| disposal code,
the Department shall hold a public hearing with |
12 |
| respect thereto. At least
20 days' notice for such public |
13 |
| hearing shall be given by the Department in
such manner as the |
14 |
| Department considers adequate to bring such hearing to
the |
15 |
| attention of persons interested in such code. Notice of such |
16 |
| public
hearing shall be given by the Department to those who |
17 |
| file a request for a
notice of any such hearings.
|
18 |
| (Source: P.A. 88-690, eff. 1-24-95.)
|
19 |
| Section 10. The Environmental Protection Act is amended by |
20 |
| changing Sections 11 and 12 and by adding Section 3.487 as |
21 |
| follows: |
22 |
| (415 ILCS 5/3.487 new)
|
23 |
| Sec. 3.487. Surface discharging septic system. "Surface |
24 |
| discharging septic system" means a septic system that |
|
|
|
09500HB3728ham001 |
- 5 - |
LRB095 11446 RAS 34758 a |
|
|
1 |
| discharges liquid waste directly or indirectly to a collection |
2 |
| tile, a natural drainage way, or the waters of the State.
|
3 |
| (415 ILCS 5/11) (from Ch. 111 1/2, par. 1011)
|
4 |
| Sec. 11. (a) The General Assembly finds:
|
5 |
| (1) that pollution of the waters of this State constitutes |
6 |
| a menace
to public health and welfare, creates public |
7 |
| nuisances, is harmful to
wildlife, fish, and aquatic life, |
8 |
| impairs domestic, agricultural,
industrial, recreational, and |
9 |
| other legitimate beneficial uses of water,
depresses property |
10 |
| values, and offends the senses;
|
11 |
| (2) that the Federal Water Pollution Control Act, as now or |
12 |
| hereafter amended,
provides for a National Pollutant Discharge |
13 |
| Elimination System (NPDES)
to regulate the discharge of |
14 |
| contaminants to the waters of the United States;
|
15 |
| (3) that the Safe Drinking Water Act (P.L. 93-523), as |
16 |
| amended, provides
for an Underground Injection Control (UIC) |
17 |
| program to regulate the underground
injection of contaminants;
|
18 |
| (4) that it would be inappropriate and misleading for the |
19 |
| State of Illinois
to issue permits to contaminant sources |
20 |
| subject to such federal law, as
well as State law, which do not |
21 |
| contain such terms and conditions as are
required by federal |
22 |
| law, or the issuance of which is contrary to federal law;
|
23 |
| (5) that the Federal Water Pollution Control Act, as now or |
24 |
| hereafter amended,
provides that NPDES permits shall be issued |
25 |
| by the United States
Environmental Protection Agency unless (a) |
|
|
|
09500HB3728ham001 |
- 6 - |
LRB095 11446 RAS 34758 a |
|
|
1 |
| the State is authorized by and
under its law to establish and |
2 |
| administer its own permit program for discharges
into waters |
3 |
| within its jurisdiction, and (b) pursuant to such federal Act,
|
4 |
| the Administrator of the United States Environmental |
5 |
| Protection Agency approves
such State program to issue permits |
6 |
| which will implement the provisions
of such federal Act;
|
7 |
| (6) that Part C of the Safe Drinking Water Act (P.L. |
8 |
| 93-523), as amended,
provides that the United States |
9 |
| Environmental Protection Agency shall implement
the UIC |
10 |
| program authorized therein unless (a) the State is authorized |
11 |
| by
and under its law to establish and administer its own UIC |
12 |
| program, and (b)
pursuant to such federal Act, the |
13 |
| Administrator of the United States
Environmental Protection |
14 |
| Agency approves such State program which will
implement the |
15 |
| provisions of such federal Act;
|
16 |
| (7) that it is in the interest of the People of the State |
17 |
| of Illinois
for the State to authorize such NPDES and UIC |
18 |
| programs and secure federal
approval thereof, and thereby to |
19 |
| avoid the existence of duplicative,
overlapping or conflicting |
20 |
| state and federal statutory permit systems;
|
21 |
| (8) that the federal requirements for the securing of such
|
22 |
| NPDES and UIC permit program approval, as set forth in the |
23 |
| Federal Water
Pollution Control Act, as now or hereafter |
24 |
| amended,
and in the Safe
Drinking Water Act (P.L. 93-523), as |
25 |
| amended, respectively, and in regulations
promulgated by the |
26 |
| Administrator of the United States Environmental Protection
|
|
|
|
09500HB3728ham001 |
- 7 - |
LRB095 11446 RAS 34758 a |
|
|
1 |
| Agency pursuant thereto are complex and detailed, and the |
2 |
| General Assembly
cannot conveniently or advantageously set |
3 |
| forth in this Act all the
requirements of such federal Act or |
4 |
| all regulations which may be
established thereunder ; and |
5 |
| (9) compliance with the federal Clean Water Act dictates |
6 |
| that the Illinois Environmental Protection Agency issue a |
7 |
| general NPDES permit for surface discharging private sewage |
8 |
| disposal systems that discharge into waters of the State .
|
9 |
| (b) It is the purpose of this Title to restore, maintain |
10 |
| and enhance the
purity of the waters of this State in order to |
11 |
| protect health, welfare,
property, and the quality of life, and |
12 |
| to assure that no contaminants are
discharged into the waters |
13 |
| of the State, as defined herein, including, but not
limited to, |
14 |
| waters to any sewage works, or into any well, or from any |
15 |
| source
within the State of Illinois, without being given the |
16 |
| degree of treatment
or control necessary to prevent pollution, |
17 |
| or without being made subject
to such conditions as are |
18 |
| required to achieve and maintain compliance with
State and |
19 |
| federal law; and to authorize, empower, and direct the Board to
|
20 |
| adopt such regulations and the Agency to adopt such procedures |
21 |
| as will enable
the State to secure federal approval to issue |
22 |
| NPDES permits pursuant to
the provisions of the Federal Water |
23 |
| Pollution Control Act, as now or
hereafter amended, and federal |
24 |
| regulations pursuant thereto and to
authorize, empower, and |
25 |
| direct the Board to adopt such regulations and the
Agency to |
26 |
| adopt such procedures as will enable the State to secure |
|
|
|
09500HB3728ham001 |
- 8 - |
LRB095 11446 RAS 34758 a |
|
|
1 |
| federal
approval of the State UIC program pursuant to the |
2 |
| provisions of Part C of
the Safe Drinking Water Act (P.L. |
3 |
| 93-523), as amended, and federal
regulations pursuant thereto.
|
4 |
| (c) The provisions of this Act authorizing implementation |
5 |
| of the regulations
pursuant to an NPDES program shall not be |
6 |
| construed to limit, affect, impair,
or diminish the authority, |
7 |
| duties and responsibilities of the Board, Agency,
Department or |
8 |
| any other governmental agency or officer, or of any unit of |
9 |
| local
government, to regulate and control pollution of any |
10 |
| kind, to restore, to
protect or to enhance the quality of the |
11 |
| environment, or to achieve all
other purposes, or to enforce |
12 |
| provisions, set forth in this Act or other
State law or |
13 |
| regulation.
|
14 |
| (Source: P.A. 86-671.)
|
15 |
| (415 ILCS 5/12) (from Ch. 111 1/2, par. 1012)
|
16 |
| Sec. 12. Actions prohibited. No person shall:
|
17 |
| (a) Cause or threaten or allow the discharge of any |
18 |
| contaminants
into the environment in any State so as to cause |
19 |
| or tend to cause water
pollution in Illinois, either alone or |
20 |
| in combination with matter from
other sources, or so as to |
21 |
| violate regulations or standards adopted by
the Pollution |
22 |
| Control Board under this Act.
|
23 |
| (b) Construct, install, or operate any equipment, |
24 |
| facility, vessel,
or aircraft capable of causing or |
25 |
| contributing to water pollution, or
designed to prevent water |
|
|
|
09500HB3728ham001 |
- 9 - |
LRB095 11446 RAS 34758 a |
|
|
1 |
| pollution, of any type designated by Board
regulations, without |
2 |
| a permit granted by the Agency, or in violation of
any |
3 |
| conditions imposed by such permit.
|
4 |
| (c) Increase the quantity or strength of any discharge of
|
5 |
| contaminants into the waters, or construct or install any sewer |
6 |
| or
sewage treatment facility or any new outlet for contaminants |
7 |
| into the
waters of this State, without a permit granted by the |
8 |
| Agency.
|
9 |
| (d) Deposit any contaminants upon the land in such place |
10 |
| and manner
so as to create a water pollution hazard.
|
11 |
| (e) Sell, offer, or use any article in any area in which |
12 |
| the Board
has by regulation forbidden its sale, offer, or use |
13 |
| for reasons of water
pollution control.
|
14 |
| (f) Cause, threaten or allow the discharge of any |
15 |
| contaminant into
the waters of the State, as defined herein, |
16 |
| including but not limited
to, waters to any sewage works, or |
17 |
| into any well or from any point
source within the State, |
18 |
| without an NPDES permit for point source
discharges issued by |
19 |
| the Agency under Section 39(b) of this Act, or in
violation of |
20 |
| any term or condition imposed by such permit, or in
violation |
21 |
| of any NPDES permit filing requirement established under
|
22 |
| Section 39(b), or in violation of any regulations adopted by |
23 |
| the Board
or of any order adopted by the Board with respect to |
24 |
| the NPDES program.
|
25 |
| No permit shall be required under this subsection and under |
26 |
| Section
39(b) of this Act for any discharge for which a permit |
|
|
|
09500HB3728ham001 |
- 10 - |
LRB095 11446 RAS 34758 a |
|
|
1 |
| is not required
under the Federal Water Pollution Control Act, |
2 |
| as now or hereafter
amended, and regulations pursuant thereto.
|
3 |
| For all purposes of this Act, a permit issued by the |
4 |
| Administrator of the
United States Environmental Protection |
5 |
| Agency under Section 402 of the Federal
Water Pollution Control |
6 |
| Act, as now or hereafter amended, shall be deemed
to be a |
7 |
| permit issued by the Agency pursuant to Section 39(b) of this |
8 |
| Act.
However, this shall not apply to the exclusion from the |
9 |
| requirement of an
operating permit provided under Section |
10 |
| 13(b)(i).
|
11 |
| Compliance with the terms and conditions of any permit |
12 |
| issued under Section
39(b) of this Act shall be deemed |
13 |
| compliance with this subsection except
that it shall not be |
14 |
| deemed compliance with any standard or effluent limitation
|
15 |
| imposed for a toxic pollutant injurious to human health.
|
16 |
| In any case where a permit has been timely applied for |
17 |
| pursuant to Section
39(b) of this Act but final administrative |
18 |
| disposition of such application
has not been made, it shall not |
19 |
| be a violation of this subsection to discharge
without such |
20 |
| permit unless the complainant proves that final administrative
|
21 |
| disposition has not been made because of the failure of the |
22 |
| applicant to
furnish information reasonably required or |
23 |
| requested in order to process
the application.
|
24 |
| (g) Cause, threaten or allow the underground injection of |
25 |
| contaminants
without a UIC permit issued by the Agency under |
26 |
| Section 39(d) of this Act,
or in violation of any term or |
|
|
|
09500HB3728ham001 |
- 11 - |
LRB095 11446 RAS 34758 a |
|
|
1 |
| condition imposed by such permit, or in violation
of any |
2 |
| regulations or standards adopted by the Board or of any order |
3 |
| adopted
by the Board with respect to the UIC program.
|
4 |
| No permit shall be required under this subsection and under |
5 |
| Section 39(d)
of this Act for any underground injection of |
6 |
| contaminants for which a permit
is not required under Part C of |
7 |
| the Safe Drinking Water Act (P.L. 93-523),
as amended, unless a |
8 |
| permit is authorized or required under regulations
adopted by |
9 |
| the Board pursuant to Section 13 of this Act.
|
10 |
| (h) Introduce contaminants into a sewage works from any |
11 |
| nondomestic
source except in compliance with the regulations |
12 |
| and standards adopted by
the Board under this Act.
|
13 |
| (i) Install a surface discharging septic system without an |
14 |
| NPDES permit issued by the Agency under Section 39 of this Act |
15 |
| for such installation, or in
violation of any term or condition |
16 |
| imposed by the permit, or in
violation of any NPDES permit |
17 |
| filing requirement established under
Section 39 of this Act, or |
18 |
| in violation of any regulations adopted by the Board
or of any |
19 |
| order adopted by the Board with respect to the NPDES program.
|
20 |
| (Source: P.A. 92-574, eff. 6-26-02.)
|
21 |
| Section 99. Effective date. This Act takes effect June 30, |
22 |
| 2008.".
|