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| Public Act 096-0801 |
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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 Sections 3 and 7 as follows:
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(225 ILCS 225/3) (from Ch. 111 1/2, par. 116.303)
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Sec. 3. As used in this Act, unless the context otherwise | ||||
requires: | ||||
(1) "Domestic Sewage" means waste water derived | ||||
principally from
dwellings, business or office buildings, | ||||
institutions, food service
establishments, and similar | ||||
facilities.
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(2) "Director" means Director of the Illinois Department of | ||||
Public Health.
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(3) "Department" means the Illinois Department of Public | ||||
Health.
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(4) "Human Wastes" means undigested food and by-products of | ||||
metabolism
which are passed out of the human body.
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(5) "Person" means any individual, group of individuals, | ||||
association,
trust, partnership, corporation, person doing | ||||
business under an assumed
name, the State of Illinois or any | ||||
Department thereof, or any other entity.
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(6) "Population Equivalent" means an average waste loading | ||||
equivalent to
that produced by one person which is defined as | ||
100 gallons per day.
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(7) "Private Sewage Disposal System" means any sewage | ||
handling or
treatment facility receiving domestic sewage from | ||
less than 15 people or
population equivalent and having a | ||
ground surface discharge or any sewage
handling or treatment | ||
facility receiving domestic sewage and having no
ground surface | ||
discharge.
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(8) "Private Sewage Disposal System Installation | ||
Contractor" means
any person constructing, installing, | ||
repairing, modifying, or
maintaining private sewage disposal | ||
systems.
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(9) "Property Owner" means the person in whose name legal | ||
title to the
real estate is recorded.
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(10) "Waste" means either human waste or domestic sewage or | ||
both.
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(11) "Private Sewage Disposal System Pumping Contractor" | ||
means any
person who cleans or pumps waste from a private | ||
sewage disposal system or
hauls or disposes of wastes removed | ||
therefrom.
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(12) "Alternative private sewage disposal system" means | ||
any system designed to address a unique circumstance where the | ||
prescriptive requirements of the private sewage disposal code | ||
does not apply, where the final treatment and discharge is free | ||
flowing through native soil, and where (i) the projected | ||
wastewater is likely to be atypical of residential or domestic | ||
wastewater in that flow may exceed 1500 gallons per day; (ii) | ||
the 5-day biochemical oxygen demand of the wastewater may | ||
exceed 300 milligrams per liter; (iii) any portion of the | ||
system is to be shared by 2 or more owners; or (iv) any portion | ||
of the treated wastewater is proposed for recycling or reuse.
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(13) "NPDES" means the National Pollutant Discharge | ||
Elimination System. | ||
(14) "Surface Discharging Private Sewage Disposal System" | ||
means a sewage disposal system that discharges into the waters | ||
of the United States, as that term is used in the Federal Water | ||
Pollution Control Act. | ||
(Source: P.A. 95-656, eff. 10-11-07.)
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(225 ILCS 225/7) (from Ch. 111 1/2, par. 116.307)
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Sec. 7. (a) The Department shall promulgate and publish and | ||
may from time to time
amend a private sewage disposal code | ||
which shall include minimum standards
for the design, | ||
construction, materials, operation and maintenance of
private | ||
sewage disposal systems, for the transportation and disposal of
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wastes removed therefrom and for private sewage disposal system | ||
servicing
equipment. In the preparation of the private sewage | ||
disposal code, the
Department may consult with and request | ||
technical assistance from other
state agencies, and shall | ||
consult with other technically qualified
persons
and with | ||
owners and operators of such services.
Such technically | ||
qualified persons shall include representatives of the real
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estate, development, and building industries.
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(b) The Department is expressly prohibited from amending | ||
the private sewage
disposal code by rule if there are increases | ||
in the land density requirements.
Amendments that increase the | ||
land density requirements must be approved by the
Illinois | ||
General Assembly.
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(c) On and after January 1, 2013, a surface discharging | ||
private sewage disposal system with a discharge that enters the | ||
waters of the United States, as that term is used in the | ||
Federal Water Pollution Control Act, shall not be constructed | ||
or installed by any person unless he or she has a coverage | ||
letter under a NPDES permit issued by the Illinois | ||
Environmental Protection Agency or he or she constructs or | ||
installs the surface discharging private sewage disposal | ||
system in a jurisdiction in which the local public health | ||
department has a general NPDES permit issued by the Illinois | ||
Environmental Protection Agency and the surface discharging | ||
private sewage disposal system is covered under the general | ||
NPDES permit. The private sewage disposal code must be amended | ||
before January 1, 2013 to comply with this subsection. | ||
(d) Except as provided in subsection (c) of this Section, | ||
before
Before the adoption or amendment of the private sewage | ||
disposal code,
the Department shall hold a public hearing with | ||
respect thereto. At least
20 days' notice for such public | ||
hearing shall be given by the Department in
such manner as the | ||
Department considers adequate to bring such hearing to
the | ||
attention of persons interested in such code. Notice of such | ||
public
hearing shall be given by the Department to those who | ||
file a request for a
notice of any such hearings.
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(Source: P.A. 88-690, eff. 1-24-95.)
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Section 10. The Environmental Protection Act is amended by | ||
adding Section 3.487 and by changing Section 12 as follows: | ||
(415 ILCS 5/3.487 new)
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Sec. 3.487. Surface discharging private sewage disposal | ||
system. "Surface discharging private sewage disposal system" | ||
means a sewage disposal system that discharges into the waters | ||
of the United States, as that term is used in the Federal Water | ||
Pollution Control Act.
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(415 ILCS 5/12) (from Ch. 111 1/2, par. 1012)
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Sec. 12. Actions prohibited. No person shall:
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(a) Cause or threaten or allow the discharge of any | ||
contaminants
into the environment in any State so as to cause | ||
or tend to cause water
pollution in Illinois, either alone or | ||
in combination with matter from
other sources, or so as to | ||
violate regulations or standards adopted by
the Pollution | ||
Control Board under this Act.
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(b) Construct, install, or operate any equipment, | ||
facility, vessel,
or aircraft capable of causing or | ||
contributing to water pollution, or
designed to prevent water | ||
pollution, of any type designated by Board
regulations, without | ||
a permit granted by the Agency, or in violation of
any | ||
conditions imposed by such permit.
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(c) Increase the quantity or strength of any discharge of
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contaminants into the waters, or construct or install any sewer | ||
or
sewage treatment facility or any new outlet for contaminants | ||
into the
waters of this State, without a permit granted by the | ||
Agency.
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(d) Deposit any contaminants upon the land in such place | ||
and manner
so as to create a water pollution hazard.
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(e) Sell, offer, or use any article in any area in which | ||
the Board
has by regulation forbidden its sale, offer, or use | ||
for reasons of water
pollution control.
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(f) Cause, threaten or allow the discharge of any | ||
contaminant into
the waters of the State, as defined herein, | ||
including but not limited
to, waters to any sewage works, or | ||
into any well or from any point
source within the State, | ||
without an NPDES permit for point source
discharges issued by | ||
the Agency under Section 39(b) of this Act, or in
violation of | ||
any term or condition imposed by such permit, or in
violation | ||
of any NPDES permit filing requirement established under
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Section 39(b), or in violation of any regulations adopted by | ||
the Board
or of any order adopted by the Board with respect to | ||
the NPDES program.
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No permit shall be required under this subsection and under | ||
Section
39(b) of this Act for any discharge for which a permit | ||
is not required
under the Federal Water Pollution Control Act, | ||
as now or hereafter
amended, and regulations pursuant thereto.
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For all purposes of this Act, a permit issued by the | ||
Administrator of the
United States Environmental Protection | ||
Agency under Section 402 of the Federal
Water Pollution Control | ||
Act, as now or hereafter amended, shall be deemed
to be a | ||
permit issued by the Agency pursuant to Section 39(b) of this | ||
Act.
However, this shall not apply to the exclusion from the | ||
requirement of an
operating permit provided under Section | ||
13(b)(i).
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Compliance with the terms and conditions of any permit | ||
issued under Section
39(b) of this Act shall be deemed | ||
compliance with this subsection except
that it shall not be | ||
deemed compliance with any standard or effluent limitation
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imposed for a toxic pollutant injurious to human health.
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In any case where a permit has been timely applied for | ||
pursuant to Section
39(b) of this Act but final administrative | ||
disposition of such application
has not been made, it shall not | ||
be a violation of this subsection to discharge
without such | ||
permit unless the complainant proves that final administrative
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disposition has not been made because of the failure of the | ||
applicant to
furnish information reasonably required or | ||
requested in order to process
the application.
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(g) Cause, threaten or allow the underground injection of | ||
contaminants
without a UIC permit issued by the Agency under | ||
Section 39(d) of this Act,
or in violation of any term or | ||
condition imposed by such permit, or in violation
of any | ||
regulations or standards adopted by the Board or of any order | ||
adopted
by the Board with respect to the UIC program.
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No permit shall be required under this subsection and under | ||
Section 39(d)
of this Act for any underground injection of | ||
contaminants for which a permit
is not required under Part C of | ||
the Safe Drinking Water Act (P.L. 93-523),
as amended, unless a | ||
permit is authorized or required under regulations
adopted by | ||
the Board pursuant to Section 13 of this Act.
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(h) Introduce contaminants into a sewage works from any | ||
nondomestic
source except in compliance with the regulations | ||
and standards adopted by
the Board under this Act. | ||
(i) On and after January 1, 2013, construct or install a | ||
surface discharging private sewage disposal system that | ||
discharges into the waters of the United States, as that term | ||
is used in the Federal Water Pollution Control Act, unless he | ||
or she has a coverage letter under a NPDES permit issued by the | ||
Illinois Environmental Protection Agency or he or she is | ||
constructing or installing the surface discharging private | ||
sewage disposal system in a jurisdiction in which the local | ||
public health department has a general NPDES permit issued by | ||
the Illinois Environmental Protection Agency and the surface | ||
discharging private sewage disposal system is covered under the | ||
general NPDES permit.
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(Source: P.A. 92-574, eff. 6-26-02.)
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