Illinois General Assembly - Full Text of HB4129
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Full Text of HB4129  95th General Assembly



HB4129 Enrolled LRB095 12918 RAS 38471 b

1     AN ACT concerning regulation.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Private Sewage Disposal Licensing Act is
5 amended by changing Section 8 as follows:
6     (225 ILCS 225/8)  (from Ch. 111 1/2, par. 116.308)
7     Sec. 8.    (a) In addition to promulgating and publishing
8 the private sewage disposal code, the Department has the
9 following powers and duties:
10         (1) Make such inspections as are necessary to determine
11     satisfactory compliance with this Act and the private
12     sewage disposal code.
13         (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.
16         (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
20     administration and enforcement of this Act and the private
21     sewage disposal code.
22         (4) Institute or cause to be instituted legal
23     proceedings in the circuit court by the State's Attorney of



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1     the county where such non-compliance occurred or by the
2     Attorney General of the State of Illinois in cases of
3     non-compliance with the provisions of this Act and the
4     private sewage disposal code.
5         (5) Evaluate all Experimental Use Permits in existence
6     on the effective date of this amendatory Act of the 95th
7     General Assembly, in accordance with the established
8     conditions of approval for each permit. After the date of
9     approval, the Department shall not issue any new
10     Experimental Use Permits, but may instead issue site
11     specific approval for performance-based systems in
12     accordance with this Section Authorize the trial or
13     experimental use of new innovative systems for private
14     sewage disposal, upon such conditions as the Department may
15     set.
16         (6) Adopt minimum performance standards for private
17     sewage disposal system contractors.
18         (7) Issue an annual license to every applicant who
19     complies with the requirements of this Act and the private
20     sewage disposal code and who pays the required annual
21     license fee.
22         (8) Collect an annual license fee in an amount
23     determined by the Department from each contractor and any
24     examination and reinstatement fees.
25         (9) Prescribe rules of procedure for hearings
26     following denial, suspension or revocation of licenses as



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1     provided in this Act.
2         (10) The Department may review alternative technology
3     and operational data from the appropriate state agency of
4     another state, from another government entity, or from an
5     independent testing organization to determine whether
6     approval of components or private sewage disposal systems
7     within the State is appropriate. The request for approval
8     shall be made on forms approved by the Department.
9     (b) The Director shall authorize the use of appropriate new
10 innovative wastewater treatment systems to best protect public
11 health, the environment, and the natural resources of the
12 State.
13 (Source: P.A. 85-1261.)
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.