State of Illinois
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92nd General Assembly

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Public Act 92-0353

HB1695 Enrolled                                LRB9202976EGfg

    AN ACT in relation to private sewage disposal.

    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 Sections 11 and 19 as follows:

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

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 22, 2001.
    Approved August 15, 2001.

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