Sen. David Koehler
Filed: 2/28/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1174




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    AMENDMENT NO. ______. Amend Senate Bill 1174 by replacing 
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everything after the enacting clause with the following:

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

 



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    (225 ILCS 225/10)  (from Ch. 111 1/2, par. 116.310)


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    Sec. 10. (a) This Act does not prohibit the enforcement of 
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ordinances of units of
local government establishing a system 
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for the regulation and inspection of
private sewage disposal 
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contractors and a minimum code of standards for
design, 
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construction, materials, operation and maintenance of private

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sewage disposal systems, for the transportation and disposal of 
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wastes
therefrom and for private sewage disposal systems 
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servicing equipment,
provided such ordinance establishes a 
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system at least equal to state
regulation and inspection.

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    Such units of local government who wish to be approved, 
 


 






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shall submit a
copy of such ordinance including all amendments 
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to the Department
requesting approval for such system of 
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regulation and inspection. If such
plan is approved by the 
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Department the ordinance shall prevail in lieu of
the state 
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licensure, fee and inspection program, and the Department shall

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issue written approval. Not less than once each year the 
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Department shall
evaluate the program to determine whether such 
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program is being operated in
accordance with the approved 
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provisions of existing ordinances. If the
Department finds 
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after investigation that such program is not in accordance
with 
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the approved program or is not being enforced, the Director 
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shall give
written notice of the findings to the chief 
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administrative officer of such
unit of local government. If the 
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Department thereafter finds, not less than
30 days after the 
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giving of such notice that the program is not being
conducted 
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in a manner consistent with existing ordinances, the Director

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shall give written notice of such findings to the chief 
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administrative
officer of the unit of local government, and 
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after administrative hearing
as provided in this Act, all 
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persons then operating under such unit of
local government 
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shall be immediately subject to the state licensure, fee
and 
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inspection program.

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    (b) This Act does not prohibit the enforcement of 
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ordinances of units of local government that require homeowners 
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who maintain a private sewage disposal system within the unit 
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of local government to provide verification, no more frequently 
 


 






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than once every 3 years, to the unit of local government of a 
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valid contract with a licensed private sewage disposal system 
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installation contractor. However, no additional fee may be 
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charged for such verification.

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(Source: P.A. 78-812.)


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