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| Public Act 095-0919 |
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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 | ||||
amended by changing Section 10 as follows:
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(225 ILCS 225/10) (from Ch. 111 1/2, par. 116.310)
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Sec. 10. (a) This Act does not prohibit the enforcement of | ||||
ordinances of units of
local government establishing a system | ||||
for the regulation and inspection of
private sewage disposal | ||||
contractors and a minimum code of standards for
design, | ||||
construction, materials, operation and maintenance of private
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sewage disposal systems, for the transportation and disposal of | ||||
wastes
therefrom and for private sewage disposal systems | ||||
servicing equipment,
provided such ordinance establishes a | ||||
system at least equal to state
regulation and inspection.
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Such units of local government who wish to be approved, | ||||
shall submit a
copy of such ordinance including all amendments | ||||
to the Department
requesting approval for such system of | ||||
regulation and inspection. If such
plan is approved by the | ||||
Department the ordinance shall prevail in lieu of
the state | ||||
licensure, fee and inspection program, and the Department shall
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issue written approval. Not less than once each year the | ||||
Department shall
evaluate the program to determine whether such | ||||
program is being operated in
accordance with the approved | ||
provisions of existing ordinances. If the
Department finds | ||
after investigation that such program is not in accordance
with | ||
the approved program or is not being enforced, the Director | ||
shall give
written notice of the findings to the chief | ||
administrative officer of such
unit of local government. If the | ||
Department thereafter finds, not less than
30 days after the | ||
giving of such notice that the program is not being
conducted | ||
in a manner consistent with existing ordinances, the Director
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shall give written notice of such findings to the chief | ||
administrative
officer of the unit of local government, and | ||
after administrative hearing
as provided in this Act, all | ||
persons then operating under such unit of
local government | ||
shall be immediately subject to the state licensure, fee
and | ||
inspection program.
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(b) This Act does not prohibit the enforcement of | ||
ordinances of units of local government that require homeowners | ||
who maintain a private sewage disposal system within the unit | ||
of local government to provide verification, no more frequently | ||
than once every 3 years, to the unit of local government of a | ||
valid contract with a licensed private sewage disposal system | ||
installation contractor. However, no additional fee may be | ||
charged for such verification.
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(Source: P.A. 78-812.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||