Full Text of HB3728 95th General Assembly
HB3728ham001 95TH GENERAL ASSEMBLY
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Rep. Michael Tryon
Filed: 3/29/2007
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LRB095 11446 RAS 34758 a |
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| AMENDMENT TO HOUSE BILL 3728
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| AMENDMENT NO. ______. Amend House Bill 3728 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Private Sewage Disposal Licensing Act is | 5 |
| amended by changing Sections 3 and 7 As follows:
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| (225 ILCS 225/3) (from Ch. 111 1/2, par. 116.303)
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| 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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| (2) "Director" means Director of the Illinois Department of | 14 |
| Public Health.
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| (3) "Department" means the Illinois Department of Public | 16 |
| Health.
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| (4) "Human Wastes" means undigested food and by-products of | 2 |
| metabolism
which are passed out of the human body.
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| (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.
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| (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.
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| (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.
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| (8) "Private Sewage Disposal System Installation | 17 |
| Contractor" means
any person constructing, installing, | 18 |
| repairing, modifying, or
maintaining private sewage disposal | 19 |
| systems.
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| (9) "Property Owner" means the person in whose name legal | 21 |
| title to the
real estate is recorded.
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| (10) "Waste" means either human waste or domestic sewage or | 23 |
| both.
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| (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 |
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| therefrom.
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| (12) "NPDES" means the National Pollutant Discharge | 3 |
| Elimination System.
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| (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 .)
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| (225 ILCS 225/7) (from Ch. 111 1/2, par. 116.307)
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| 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
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| 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
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| estate, development, and building industries.
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| (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 |
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| land density requirements must be approved by the
Illinois | 2 |
| General Assembly.
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| (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.
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| (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.
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| (Source: P.A. 88-690, eff. 1-24-95.)
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| 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)
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| Sec. 3.487. Surface discharging septic system. "Surface | 24 |
| discharging septic system" means a septic system that |
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| discharges liquid waste directly or indirectly to a collection | 2 |
| tile, a natural drainage way, or the waters of the State.
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| (415 ILCS 5/11) (from Ch. 111 1/2, par. 1011)
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| Sec. 11. (a) The General Assembly finds:
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| (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;
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| (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;
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| (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;
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| (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;
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| (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) |
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| 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,
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| 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;
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| (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;
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| (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;
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| (8) that the federal requirements for the securing of such
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| 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
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| 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 .
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| (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
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| 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 |
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| 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.
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| (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.
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| (Source: P.A. 86-671.)
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| (415 ILCS 5/12) (from Ch. 111 1/2, par. 1012)
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| Sec. 12. Actions prohibited. No person shall:
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| (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.
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| (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 |
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| 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.
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| (c) Increase the quantity or strength of any discharge of
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| 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.
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| (d) Deposit any contaminants upon the land in such place | 10 |
| and manner
so as to create a water pollution hazard.
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| (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.
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| (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
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| 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.
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| No permit shall be required under this subsection and under | 26 |
| Section
39(b) of this Act for any discharge for which a permit |
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| is not required
under the Federal Water Pollution Control Act, | 2 |
| as now or hereafter
amended, and regulations pursuant thereto.
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| 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).
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| 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
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| imposed for a toxic pollutant injurious to human health.
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| 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
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| 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.
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| (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 |
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| 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.
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| 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.
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| (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.
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| (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.
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| (Source: P.A. 92-574, eff. 6-26-02.)
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| Section 99. Effective date. This Act takes effect June 30, | 22 |
| 2008.".
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