Full Text of HB0170 96th General Assembly
HB0170enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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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 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 | 18 |
| metabolism
which are passed out of the human body.
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| (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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| (6) "Population Equivalent" means an average waste loading |
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| equivalent to
that produced by one person which is defined as | 2 |
| 100 gallons per day.
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| (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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| (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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| (9) "Property Owner" means the person in whose name legal | 14 |
| title to the
real estate is recorded.
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| (10) "Waste" means either human waste or domestic sewage or | 16 |
| both.
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| (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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| (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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| 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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| (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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| (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 | 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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| 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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| estate, development, and building industries.
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| (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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| (c) On and after January 1, 2013, a surface discharging | 8 |
| private sewage disposal system with a discharge that enters the | 9 |
| waters of the United States, as that term is used in the | 10 |
| Federal Water Pollution Control Act, shall not be constructed | 11 |
| or installed by any person unless he or she has a coverage | 12 |
| letter under a NPDES permit issued by the Illinois | 13 |
| Environmental Protection Agency or he or she constructs or | 14 |
| installs the surface discharging private sewage disposal | 15 |
| system in a jurisdiction in which the local public health | 16 |
| department has a general NPDES permit issued by the Illinois | 17 |
| Environmental Protection Agency and the surface discharging | 18 |
| private sewage disposal system is covered under the general | 19 |
| NPDES permit. The private sewage disposal code must be amended | 20 |
| before January 1, 2013 to comply with this subsection. | 21 |
| (d) Except as provided in subsection (c) of this Section, | 22 |
| before
Before the adoption or amendment of the private sewage | 23 |
| disposal code,
the Department shall hold a public hearing with | 24 |
| respect thereto. At least
20 days' notice for such public | 25 |
| hearing shall be given by the Department in
such manner as the | 26 |
| Department considers adequate to bring such hearing to
the |
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| attention of persons interested in such code. Notice of such | 2 |
| public
hearing shall be given by the Department to those who | 3 |
| 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 | 6 |
| adding Section 3.487 and by changing Section 12 as follows: | 7 |
| (415 ILCS 5/3.487 new)
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| Sec. 3.487. Surface discharging private sewage disposal | 9 |
| system. "Surface discharging private sewage disposal system" | 10 |
| means a sewage disposal system that discharges into the waters | 11 |
| of the United States, as that term is used in the Federal Water | 12 |
| Pollution Control Act.
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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 | 16 |
| contaminants
into the environment in any State so as to cause | 17 |
| or tend to cause water
pollution in Illinois, either alone or | 18 |
| in combination with matter from
other sources, or so as to | 19 |
| violate regulations or standards adopted by
the Pollution | 20 |
| Control Board under this Act.
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| (b) Construct, install, or operate any equipment, | 22 |
| facility, vessel,
or aircraft capable of causing or | 23 |
| 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. | 13 |
| (i) On and after January 1, 2013, construct or install a | 14 |
| surface discharging private sewage disposal system that | 15 |
| discharges into the waters of the United States, as that term | 16 |
| is used in the Federal Water Pollution Control Act, unless he | 17 |
| or she has a coverage letter under a NPDES permit issued by the | 18 |
| Illinois Environmental Protection Agency or he or she is | 19 |
| constructing or installing the surface discharging private | 20 |
| sewage disposal system in a jurisdiction in which the local | 21 |
| public health department has a general NPDES permit issued by | 22 |
| the Illinois Environmental Protection Agency and the surface | 23 |
| discharging private sewage disposal system is covered under the | 24 |
| general NPDES permit.
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| (Source: P.A. 92-574, eff. 6-26-02.)
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