State of Illinois
92^nd General Assembly
Legislation

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92_HB1695enr

 
HB1695 Enrolled                                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 and 19 as follows:

 6        (225 ILCS 225/11) (from Ch. 111 1/2, par. 116.311)
 7        Sec. 11. Notice of violation.   Whenever  the  Department
 8    determines  that there are reasonable grounds to believe that
 9    there has been violation of any provision of this Act or  the
10    rules  and  regulations issued under this Act, the Department
11    shall give notice of such alleged violation to the person  to
12    whom the license was issued, as herein provided.  Such notice
13    shall:
14             (a)  be in writing;
15             (b)  include  a  statement  of  the  reasons for the
16        issuance of the notice;
17             (c)  allow reasonable time as  established  by  rule
18        determined  by  the Department for the performance of any
19        act it requires;
20             (d)  be served upon the owner, operator or  licensee
21        as  the  case  may  require; provided that such notice or
22        order shall be deemed to have been properly  served  upon
23        such  owner, operator or licensee when a copy thereof has
24        been sent by registered or certified  mail  to  his  last
25        known address as furnished to the Department; or, when he
26        has  been  served  with  such  notice by any other method
27        authorized by the laws of this State; and
28             (e)  contain an outline of remedial action, which is
29        required to effect compliance with this Act and the rules
30        and regulations issued under this Act.
31    (Source: P.A. 78-812.)
 
HB1695 Enrolled             -2-                LRB9202976EGfg
 1        (225 ILCS 225/19) (from Ch. 111 1/2, par. 116.319)
 2        Sec. 19. Civil and criminal penalties.
 3        (a)  Any person who violates this  Act  or  any  rule  or
 4    regulation  adopted  by  the Department under this Act or who
 5    violates any determination or order of the  Department  under
 6    this  Act  shall be guilty of a Class A misdemeanor and shall
 7    be fined a sum not less  than  $100.   Each  day's  violation
 8    constitutes a separate offense.
 9        (b)  In addition to any other penalty provided under this
10    Act,  the  Department  (or  a unit of local government acting
11    under Section 10) in an  administrative  proceeding,  or  the
12    court  in  an  action  brought  under  subsection (c) of this
13    Section, may impose upon any person who violates this Act  or
14    any  rule  or  regulation  adopted  under  this  Act,  or who
15    violates any determination or order of the  Department  under
16    this  Act,  a  civil  penalty  not  exceeding $1,000 for each
17    violation  plus  $100  for  each  day  that   the   violation
18    continues.
19        (c)  The  State's  Attorney  of  the  county in which the
20    violation occurred, or the Attorney General may  shall  bring
21    such  actions  for  the enforcement of this Act and the rules
22    adopted and orders issued under this Act, in the name of  the
23    People  of  the State of Illinois, and or may, in addition to
24    other remedies provided in this Act, bring an action  for  an
25    injunction   to   restrain  any  actual  or  threatened  such
26    violation,  or  to  enjoin  the   operation   of   any   such
27    establishment  operated in violation, or to impose or collect
28    a civil penalty for any violation.
29    (Source: P. A. 78-812.)

30        Section 99.  Effective date.  This Act takes effect  upon
31    becoming law.

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