093_HB0914sam002

 










                                     LRB093 05416 AMC 16158 a

 1                     AMENDMENT TO HOUSE BILL 914

 2        AMENDMENT NO.     .  Amend House Bill  914  by  replacing
 3    the title with the following:
 4        "AN ACT concerning private sewage disposal."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The State Finance Act is amended  by  adding
 8    Section 5.595 as follows:

 9        (30 ILCS 105/5.595 new)
10        Sec. 5.595.  The Private Sewage Disposal Program Fund.

11        Section 10.  The Private Sewage Disposal Licensing Act is
12    amended by changing Sections 4 and 8 as follows:

13        (225 ILCS 225/4) (from Ch. 111 1/2, par. 116.304)
14        Sec.  4.  (a) After January 1, 1974, no person or private
15    sewage disposal system  contractor  may  construct,  install,
16    modify,  repair,  maintain,  operate,  or  service  a private
17    sewage disposal system or  transport  and  dispose  of  waste
18    removed therefrom, in such a manner that does not comply with
19    the  requirements  of  this  Act,  the Illinois Environmental
 
                            -2-      LRB093 05416 AMC 16158 a
 1    Protection Act, the applicable rules adopted pursuant to  the
 2    Illinois Environmental Protection Act, and the private sewage
 3    disposal  code  promulgated  hereunder  by the Department.  A
 4    person who owns and occupies a single family dwelling and who
 5    constructs,  installs,  maintains,  services  or  cleans  the
 6    private sewage disposal system which serves his single family
 7    residence shall not be required to  be  licensed  under  this
 8    Act,  however,  such  person  shall  comply  with  all  other
 9    provisions  of  this Act and the private sewage disposal code
10    promulgated hereunder by the Department.
11        Any person who constructs, installs,  repairs,  modifies,
12    or  maintains  a private sewage disposal system, other than a
13    system which serves his own single family residence, shall be
14    licensed  by  the  Department  as  a  Private  Sewage  System
15    Installation Contractor and any person who  cleans  or  pumps
16    waste  from  a  private  sewage disposal system, other than a
17    system which serves his own single family residence, or hauls
18    or disposes of wastes removed therefrom shall be licensed  by
19    the  Department  as  a Private Sewage Disposal System Pumping
20    Contractor in accordance with this Act.
21        (b)  No new  private  sewage  disposal  system  shall  be
22    installed  by  any  person until drawings, specifications and
23    other information requested by the Department  are  submitted
24    to  and  reviewed  by the Department and found to comply with
25    the private sewage disposal code, and until approval for  the
26    installation of such system is issued by the Department.
27        (c)  The  licensing  requirements  of  this Act shall not
28    apply to any person who cleans or pumps, hauls or disposes of
29    waste from chemical toilets located in  an  underground  coal
30    mine.  This waste shall be (i) transported to and disposed of
31    at  a  sewage  treatment  facility  permitted by the Illinois
32    Environmental Protection  Agency  and  located  on  the  mine
33    property, or (ii) stored on-site in a sanitary manner pending
34    removal  and subsequent disposal by a licensed private sewage
 
                            -3-      LRB093 05416 AMC 16158 a
 1    disposal pumping contractor.
 2        (d)  Beginning July 1, 2005, no person or private  sewage
 3    disposal  system contractor may install a surface discharging
 4    private  sewage  disposal  system,  unless   the   Department
 5    determines  that  no  feasible  alternative  to  the  surface
 6    discharging  private  sewage disposal system is available and
 7    the owner of the system fulfills the requirements  stated  in
 8    this  subsection  and rules adopted pursuant this subsection.
 9    Before July 1, 2005, the Department shall amend  the  private
10    sewage disposal code. The amendments shall include conditions
11    and criteria under which the Department may determine that no
12    feasible alternative to a surface discharge is available. The
13    Department  shall  do  all of the following when establishing
14    rules to determine that no feasible alternative is available:
15             (1)  Revise the  private  sewage  disposal  code  to
16        encourage  the  connection of properties to decentralized
17        cluster systems or public sewers.
18             (2)  Establish  that  soil  evaluations   shall   be
19        conducted   to  determine  if  any  combination  of  soil
20        texture,  structure,  topography,  limiting  layer,   and
21        permeability  may  be  used  to  support  the  use  of  a
22        subsurface seepage system.
23             (3)  Consider  all available private sewage disposal
24        system  technologies  before  allowing  a   new   surface
25        discharge system.
26             (4)  Establish procedures to approve designs capable
27        of    meeting   specific   and   measurable   performance
28        requirements  to  expedite  the  reduction   of   surface
29        discharge systems.
30             (5)  Establish   and   require   effluent  reduction
31        methods when a surface discharge system is approved.
32             (6)  Establish  requirements  to  minimize   surface
33        discharges  that  cross property lines, create nuisances,
34        and  may  create  mosquito  breeding  areas  that  foster
 
                            -4-      LRB093 05416 AMC 16158 a
 1        diseases such as West Nile Virus and other mosquito borne
 2        diseases.
 3        (e)  Beginning July 1, 2005,  no  person  may  operate  a
 4    surface  discharging  private  sewage disposal system, unless
 5    all of the following conditions are met:
 6             (1)  The  owner  provides  for  the  operation   and
 7        maintenance  of  the  system  by  licensed  and qualified
 8        persons pursuant to rules adopted by the Department.
 9             (2)  Monitoring of the discharge is conducted.
10             (3)  The owner  or  operator  has  applied  for  and
11        received   a  National  Pollutant  Discharge  Elimination
12        System Permit.
13             (4)  The  effluent  quality  meets  the   applicable
14        limitations of State and federal laws and rules.
15        Before  July  1,  2005,  the  Department  shall amend the
16    private sewage disposal code  to  include  criteria  for  the
17    maintenance, operation, and monitoring of surface discharging
18    private   sewage   disposal  systems  installed  or  operated
19    pursuant to subsection (d).
20        (f)  There is hereby created  in  the  State  treasury  a
21    special  fund  to  be  known  as  the Private Sewage Disposal
22    Program Fund. All fees collected by the Department for exams,
23    licenses, permits, and fines  in  accordance  with  this  Act
24    shall be deposited into the Fund and shall be appropriated by
25    the  General  Assembly  to the Department. Gifts, grants, and
26    moneys from other governmental agencies may be deposited into
27    the Fund. Subject to appropriation,  moneys  from  this  Fund
28    shall  be  used  by  the  Department  to administer this Act,
29    including  establishing  and  maintaining  an  NPDES   Permit
30    Program   in  conjunction  with  the  Illinois  Environmental
31    Protection Agency  and  supporting  private  sewage  disposal
32    education and training. Interest generated by this Fund shall
33    be  returned  to  the  Fund.  Monies  in  the  Fund  shall be
34    appropriated and used only for the purposes  stated  in  this
 
                            -5-      LRB093 05416 AMC 16158 a
 1    Act.
 2        (g)  The  Department  shall  not  issue approval of a new
 3    surface discharging private sewage  disposal  system  on  any
 4    property  platted  or recorded after July 1, 2005, unless the
 5    Department determines that no  feasible  alternative  to  the
 6    surface   discharging   private  sewage  disposal  system  is
 7    available  and  the  owner  of  the   system   fulfills   the
 8    requirements  stated  in  subsection  (d)  and  rules adopted
 9    pursuant that subsection.  Assurance  that  connection  to  a
10    public  sewer, decentralized cluster system, community sewer,
11    or an individual subsurface private  sewage  disposal  system
12    with a dedicated alternative area shall be provided for newly
13    platted  property,  unless  the Department determines that no
14    feasible  alternative  to  the  surface  discharging  private
15    sewage disposal system is available  and  the  owner  of  the
16    system fulfills the requirements stated in subsection (d) and
17    rules adopted pursuant that subsection.
18        (h)  In  order  to assure that the analysis of wastewater
19    samples submitted for NPDES permit compliance and  for  other
20    performance  compliance  is  conducted properly, laboratories
21    that conduct wastewater testing shall  be  certified  by  the
22    Environmental  Protection  Agency  to conduct this wastewater
23    analysis.
24        (i)  It is the intent of this amendatory Act of the  93rd
25    General   Assembly   that  (i)  the  number  of  new  surface
26    discharging systems permitted by the Department be reduced to
27    as few as  possible  and  (ii)  the  Department  establish  a
28    program  for  existing  private  sewage disposal systems with
29    surface discharges on or before July 1, 2005.
30    (Source: P.A. 86-1195.)

31        (225 ILCS 225/8) (from Ch. 111 1/2, par. 116.308)
32        Sec. 8.  In addition to promulgating and  publishing  the
33    private   sewage   disposal  code,  the  Department  has  the
 
                            -6-      LRB093 05416 AMC 16158 a
 1    following powers and duties:
 2             (1)  Make  such  inspections  as  are  necessary  to
 3        determine satisfactory compliance with this Act  and  the
 4        private sewage disposal code.
 5             (2)  Cause   investigations   to   be  made  when  a
 6        violation of any provisions of this Act  or  the  private
 7        sewage disposal code is reported to the Department.
 8             (3)  Subject  to  constitutional limitations, by its
 9        representatives after identification, enter at reasonable
10        times upon private or public property for the purpose  of
11        inspecting  and  investigating conditions relating to the
12        administration  and  enforcement  of  this  Act  and  the
13        private sewage disposal code.
14             (4)  Institute  or  cause  to  be  instituted  legal
15        proceedings in the circuit court by the State's  Attorney
16        of  the  county  where such non-compliance occurred or by
17        the Attorney General of the State of Illinois in cases of
18        non-compliance with the provisions of this  Act  and  the
19        private sewage disposal code.
20             (5)  Authorize  the trial or experimental use of new
21        innovative systems for private sewage disposal, upon such
22        conditions as the Department may set.
23             (6)  Adopt minimum performance standards for private
24        sewage disposal system contractors.
25             (7)  Issue an annual license to every applicant  who
26        complies  with  the  requirements  of  this  Act  and the
27        private sewage disposal code and who  pays  the  required
28        annual license fee.
29             (8)  Collect  an  annual  license  fee  in an amount
30        determined  by  the   Department   from   each   licensee
31        contractor and any examination and reinstatement fees.
32             (9)  Prescribe   rules  of  procedure  for  hearings
33        following denial, suspension or revocation of licenses as
34        provided in this Act.
 
                            -7-      LRB093 05416 AMC 16158 a
 1             (10)  Issue   permits    for    the    construction,
 2        installation,  operation,  maintenance,  monitoring,  and
 3        management  of  onsite  wastewater  treatment systems and
 4        shall establish a fee for each permit issued.  Operation,
 5        maintenance,  monitoring,  and  management  permits shall
 6        include performance requirements.
 7             (11)  Establish    performance    and    maintenance
 8        requirements specific to individual systems.
 9             (12)  Establish  procedures   to   approve   designs
10        capable  of  meeting  specific and measurable performance
11        requirements.
12             (13)  Require approved contingency plans to  prevent
13        catastrophic failures.
14             (14)  Administer   a   program   for   limited  term
15        operating permits  that  are  renewable  upon  documented
16        compliance  with  permit  conditions  and  require system
17        inspections at the time of operating permit renewal.
18             (15)  Establish and administer a program for time of
19        sale and change in use inspections.
20             (16)  Administer a program for  periodic  compliance
21        monitoring and reporting.
22             (17)  Maintain  a construction permit file including
23        site   evaluation,   design,   installation,   inspection
24        reports, and record drawings of systems.
25             (18)  Establish and administer a tracking system for
26        operating permits and residuals hauling and disposal  and
27        establish fees for implementing this system.
28             (19)  Establish standards for surface and subsurface
29        discharges from private sewage disposal systems.
30    (Source: P.A. 85-1261.)

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