Illinois General Assembly - Full Text of Public Act 095-0824
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Public Act 095-0824




Public Act 095-0824
HB4129 Enrolled LRB095 12918 RAS 38471 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Private Sewage Disposal Licensing Act is
amended by changing Section 8 as follows:
    (225 ILCS 225/8)  (from Ch. 111 1/2, par. 116.308)
    Sec. 8.    (a) In addition to promulgating and publishing
the private sewage disposal code, the Department has the
following powers and duties:
        (1) Make such inspections as are necessary to determine
    satisfactory compliance with this Act and the private
    sewage disposal code.
        (2) Cause investigations to be made when a violation of
    any provisions of this Act or the private sewage disposal
    code is reported to the Department.
        (3) Subject to constitutional limitations, by its
    representatives after identification, enter at reasonable
    times upon private or public property for the purpose of
    inspecting and investigating conditions relating to the
    administration and enforcement of this Act and the private
    sewage disposal code.
        (4) Institute or cause to be instituted legal
    proceedings in the circuit court by the State's Attorney of
    the county where such non-compliance occurred or by the
    Attorney General of the State of Illinois in cases of
    non-compliance with the provisions of this Act and the
    private sewage disposal code.
        (5) Evaluate all Experimental Use Permits in existence
    on the effective date of this amendatory Act of the 95th
    General Assembly, in accordance with the established
    conditions of approval for each permit. After the date of
    approval, the Department shall not issue any new
    Experimental Use Permits, but may instead issue site
    specific approval for performance-based systems in
    accordance with this Section Authorize the trial or
    experimental use of new innovative systems for private
    sewage disposal, upon such conditions as the Department may
        (6) Adopt minimum performance standards for private
    sewage disposal system contractors.
        (7) Issue an annual license to every applicant who
    complies with the requirements of this Act and the private
    sewage disposal code and who pays the required annual
    license fee.
        (8) Collect an annual license fee in an amount
    determined by the Department from each contractor and any
    examination and reinstatement fees.
        (9) Prescribe rules of procedure for hearings
    following denial, suspension or revocation of licenses as
    provided in this Act.
        (10) The Department may review alternative technology
    and operational data from the appropriate state agency of
    another state, from another government entity, or from an
    independent testing organization to determine whether
    approval of components or private sewage disposal systems
    within the State is appropriate. The request for approval
    shall be made on forms approved by the Department.
    (b) The Director shall authorize the use of appropriate new
innovative wastewater treatment systems to best protect public
health, the environment, and the natural resources of the
(Source: P.A. 85-1261.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/14/2008