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|[ Engrossed ]||[ Enrolled ]||[ House Amendment 001 ]|
|[ Senate Amendment 001 ]|
92_HB1695 LRB9202976EGfg 1 AN ACT in relation to private sewage disposal. 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 Sections 11, 12, and 19 and adding 6 Section 18.1 as follows: 7 (225 ILCS 225/11) (from Ch. 111 1/2, par. 116.311) 8 Sec. 11. Violation; notice. Whenever the Department 9 determines that there are reasonable grounds to believe that 10 there has been violation of any provision of this Act or the 11 rules and regulations issued under this Act, the Department 12 shall give notice of such alleged violation to the person to 13 whom the license was issued, as herein provided. Such notice 14 shall: 15 (a) be in writing; 16 (b) include a statement of the reasons for the 17 issuance of the notice; 18 (c) allow reasonable time as determined by the 19 Department, but not exceeding the time limits imposed 20 under Section 18.1, for the performance of any act it 21 requires; 22 (d) be served upon the owner, operator or licensee 23 as the case may require; provided that such notice or 24 order shall be deemed to have been properly served upon 25 such owner, operator or licensee when a copy thereof has 26 been sent by registered or certified mail to his last 27 known address as furnished to the Department; or, when he 28 has been served with such notice by any other method 29 authorized by the laws of this State; and 30 (e) contain an outline of the remedial action that
,31 whichis required to effect compliance with this Act and -2- LRB9202976EGfg 1 the rules and regulations issued under this Act. 2 (Source: P. A. 78-812.) 3 (225 ILCS 225/12) (from Ch. 111 1/2, par. 116.312) 4 Sec. 12. Noncompliance; notice. The Department must, in 5 any proceeding to suspend, revoke, or refuse to issue a 6 license, first serve or cause to be served upon the 7 applicant ,or licensee a written notice specifying the way or 8 ways in which the suchapplicant or licensee has failed to 9 comply with this Act ,or any rules, regulations, or standards 10 promulgated by the Department pertaining thereto. In the 11 case of a revocation or suspension, this notice shall require 12 the licensee to remove or abate the suchviolations and any ,13 insanitary or objectionable condition ,specified in the such14 notice ,within 5 days or within a longer period of time as 15 may be allowed by the Department, but not exceeding the time 16 limits imposed under Section 18.1. If the licensee fails to 17 comply with other terms and conditions of the notice ,within 18 the time specified or such extended period of time, the 19 Department may revoke or suspend the suchlicense. If an 20 applicant fails to comply with this Act or ,rules, or21 regulations, or standards promulgated under this Act, the 22 Department may refuse to issue a license. 23 (Source: P. A. 78-812.) 24 (225 ILCS 225/18.1 new) 25 Sec. 18.1. Time limits for remedial action. Whenever a 26 person is required to take action to correct a violation of 27 this Act or the rules adopted under this Act, that remedial 28 action must be: 29 (1) begun within 30 days after receipt of the 30 notice specifying the required remedial action, or within 31 such shorter time as may be specified in the notice or 32 established by order, statute, or rule; and -3- LRB9202976EGfg 1 (2) completed within 90 days after receipt of the 2 notice specifying the required remedial action, or within 3 such shorter time as may be specified in the notice or 4 established by order, statute, or rule. 5 (225 ILCS 225/19) (from Ch. 111 1/2, par. 116.319) 6 Sec. 19. Civil and criminal penalties. 7 (a) Any person who violates this Act or any rule or 8 regulation adopted by the Department under this Act or who 9 violates any determination or order of the Department under 10 this Act shall be guilty of a Class A misdemeanor and shall 11 be fined a sum not less than $100. Each day's violation 12 constitutes a separate offense. 13 (b) In addition to any other penalty provided under this 14 Act, the Department (or a unit of local government acting 15 under Section 10) in an administrative proceeding, or the 16 court in an action brought under subsection (c) of this 17 Section, may impose upon any person who violates this Act or 18 any rule or regulation adopted under this Act, or who 19 violates any determination or order of the Department under 20 this Act, a civil penalty not exceeding $1,000 for each 21 violation plus $100 for each day that the violation 22 continues. 23 (c) The State's Attorney of the county in which the 24 violation occurred ,or the Attorney General may shallbring 25 suchactions for the enforcement of this Act and the rules 26 adopted and orders issued under this Act, in the name of the 27 People of the State of Illinois, and ormay, in addition to 28 other remedies provided in this Act, bring an action for an 29 injunction to restrain any actual or threatened such30 violation, or to enjoin the operation of any such31 establishment operated in violation, or to impose or collect 32 a civil penalty for any violation. 33 (Source: P. A. 78-812.) -4- LRB9202976EGfg 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.
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