State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Senate Amendment 001 ]

91_HB2263

 
                                               LRB9104853ACtm

 1        AN ACT to amend the Private Sewage Disposal Licensing Act
 2    by changing Section 10.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Private Sewage Disposal Licensing Act  is
 6    amended by changing Section 10 as follows:

 7        (225 ILCS 225/10) (from Ch. 111 1/2, par. 116.310)
 8        Sec. 10. Local government ordinances.
 9        This  Act does not prohibit the enforcement of ordinances
10    of units of local government establishing a  system  for  the
11    regulation   and   inspection   of  private  sewage  disposal
12    contractors and a  minimum  code  of  standards  for  design,
13    construction, materials, operation and maintenance of private
14    sewage  disposal systems, for the transportation and disposal
15    of wastes therefrom and for private sewage  disposal  systems
16    servicing  equipment,  provided  such ordinance establishes a
17    system at least equal to state regulation and inspection.
18        Such units of local government who wish to  be  approved,
19    shall   submit   a  copy  of  such  ordinance  including  all
20    amendments to the Department  requesting  approval  for  such
21    system of regulation and inspection. If such plan is approved
22    by  the Department the ordinance shall prevail in lieu of the
23    state  licensure,  fee  and  inspection  program,   and   the
24    Department  shall  issue written approval. Not less than once
25    each year  the  Department  shall  evaluate  the  program  to
26    determine   whether   such   program  is  being  operated  in
27    accordance  with  the   approved   provisions   of   existing
28    ordinances.  If the Department finds after investigation that
29    such program is not in accordance with the  approved  program
30    or  is  not  being  enforced, the Director shall give written
31    notice of the findings to the chief administrative officer of
 
                            -2-                LRB9104853ACtm
 1    such unit of local government. If the  Department  thereafter
 2    finds,  not  less  than   90 30 days after the giving of such
 3    notice that the program is not being conducted  in  a  manner
 4    consistent  with existing ordinances, the Director shall give
 5    written notice of such findings to the  chief  administrative
 6    officer  of  the  unit of local government and to all persons
 7    then operating under the  ordinance  of  the  unit  of  local
 8    government,  and  after administrative hearing as provided in
 9    this Act, all persons then operating under such unit of local
10    government  shall  be  immediately  subject  to   the   state
11    licensure, fee and inspection program.
12    (Source: P.A. 78-812.)

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