Statutes > Illinois Statutes > CHAPTER 225 PROFESSIONS AND OCCUPATIONS > 225 ILCS 225/ Private Sewage Disposal Licensing Act.

225 ILCS 225/ Private Sewage Disposal Licensing Act.

    (225 ILCS 225/1) (from Ch. 111 1/2, par. 116.301)
    Sec. 1.
    This Act shall be known and may be cited as the "Private Sewage Disposal Licensing Act".
(Source: P. A. 78‑812.)

    (225 ILCS 225/2) (from Ch. 111 1/2, par. 116.302)
    Sec. 2.
    It is hereby declared that there exists, and may in the future exist, within the State of Illinois, private sewage disposal systems which are designed, constructed, operated, maintained or serviced or which may be designed, constructed, operated, maintained, or serviced in such a manner as to cause spread of infectious or contagious disease and such conditions adversely affect the public health, safety and general welfare of persons. Therefore, the purpose of this Act is to protect, promote and preserve the public health, safety and general welfare by providing for the licensing of private sewage disposal contractors and the establishment and enforcement of a minimum code of standards for design, construction, materials, operation and maintenance of private sewage disposal systems, for the transportation and disposal of wastes therefrom, and for private sewage disposal servicing equipment.
(Source: P. A. 78‑812.)

    (225 ILCS 225/3)(from Ch. 111 1/2, par. 116.303)
    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.
    (2) "Director" means Director of the Illinois Department of Public Health.
    (3) "Department" means the Illinois Department of Public Health.
    (4) "Human Wastes" means undigested food and by‑products of metabolism which are passed out of the human body.
    (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.
    (6) "Population Equivalent" means an average waste loading equivalent to that produced by one person which is defined as 100 gallons per day.
    (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.
    (8) "Private Sewage Disposal System Installation Contractor" means any person constructing, installing, repairing, modifying, or maintaining private sewage disposal systems.
    (9) "Property Owner" means the person in whose name legal title to the real estate is recorded.
    (10) "Waste" means either human waste or domestic sewage or both.
    (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.
    (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.
    (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; 96‑801, eff. 1‑1‑10.)

    (225 ILCS 225/4)(from Ch. 111 1/2, par. 116.304)
    Sec. 4. (a) After January 1, 1974, no person or private sewage disposal system contractor may construct, install, modify, repair, maintain, or service a private sewage disposal system or transport and dispose of waste removed therefrom, in such a manner that does not comply with the requirements of this Act and the private sewage disposal code promulgated hereunder by the Department. A person who owns and occupies a single family dwelling and who constructs, installs, maintains, services or cleans the private sewage disposal system which serves his single family residence shall not be required to be licensed under this Act, however, such person shall comply with all other provisions of this Act and the private sewage disposal code promulgated hereunder by the Department.
    Any person who constructs, installs, repairs, modifies, or maintains a private sewage disposal system, other than a system which serves his own single family residence, shall be licensed by the Department as a Private Sewage System Installation Contractor and any person who cleans or pumps waste from a private sewage disposal system, other than a system which serves his own single family residence, or hauls or disposes of wastes removed therefrom shall be licensed by the Department as a Private Sewage Disposal System Pumping Contractor in accordance with this Act.
    (b) No new private sewage disposal system shall be installed by any person until drawings, specifications and other information requested by the Department are submitted to and reviewed by the Department and found to comply with the private sewage disposal code, and until approval for the installation of such system is issued by the Department.
    (c) The licensing requirements of this Act shall not apply to any person who cleans or pumps, hauls or disposes of waste from chemical toilets located in an underground coal mine. This waste shall be (i) transported to and disposed of at a sewage treatment facility permitted by the Illinois Environmental Protection Agency and located on the mine property, or (ii) stored on‑site in a sanitary manner pending removal and subsequent disposal by a licensed private sewage disposal pumping contractor.
    (d) There is hereby created in the State treasury a special fund to be known as the Private Sewage Disposal Program Fund. All fees collected by the Department for exams, licenses, permits, and fines in accordance with this Act shall be deposited into the Fund and shall be appropriated by the General Assembly to the Department. Gifts, grants and other monies from any source available for this purpose may be deposited into the Fund. Subject to appropriation, money from this Fund shall be used by the Department to administer this Act. Interest attributable to monies in this Fund shall be returned to the Fund. Monies in the Fund shall be appropriated and used only for the purposes stated in this Act.
(Source: P.A. 96‑767, eff. 8‑28‑09.)

    (225 ILCS 225/5) (from Ch. 111 1/2, par. 116.305)
    Sec. 5. (a) The Director shall issue a private sewage system installation contractor license or a private sewage disposal system pumping contractor license to persons applying for such license who successfully pass a written examination prepared by the Department and who pay the required annual license fee in an amount determined by the Department. Each person who holds a currently valid plumbing license issued under the "Illinois Plumbing License Law", as now or hereafter amended, shall not be required to pay the annual license fee required by this Section, but such licensed person shall comply with all other provisions of this Act, including the requirement for examination for licensure.
    (b) A license issued under this Act shall expire on December 31 of the year issued, except that an original license issued after October 1 and before December 31 shall expire on December 31 of the following year.
    The Department shall reinstate a license which expires while a licensee is in the active military service of the United States upon application to the Department by the former licensee within 2 years after termination of such military service, payment of the annual license fee and submission of evidence of such military service. Such license shall be reinstated without examination and without payment of the reinstatement fee.
    (c) A private sewage disposal system pumping contractor or a private sewage system installation contractor whose license has expired for a period of less than 3 years may apply to the Department for reinstatement of his license. The Department shall issue such renewed license provided the applicant pays to the Department all lapsed license fees, plus a reinstatement fee determined by the Department. A license which has expired for more than 3 years may be restored only by reapplying to take the examination and by successfully passing the written examination.
(Source: P.A. 85‑1261.)

    (225 ILCS 225/5a) (from Ch. 111 1/2, par. 116.305a)
    Sec. 5a. All applicants shall be tested and required to attain a passing grade prescribed by the Department on an examination which evaluates the applicants' general knowledge of the design, installation, operation, maintenance and servicing of on‑site waste water disposal systems.
    Applications for examination shall be in the form prescribed by the Department and shall be accompanied by the required fee determined by the Department. The Department shall conduct written examinations at least 2 times a year and may require a practical demonstration by each applicant. The written examination shall be prepared by the Department.
    Persons holding a valid license on the effective date of this amendatory Act of 1985 shall be required to pass the written examination by December 31, 1989. A license will not be renewed after December 31, 1989, unless the person holding the license has successfully passed the written examination.
(Source: P.A. 84‑670.)

    (225 ILCS 225/5b)
    Sec. 5b. Licensure required for the maintenance of portable toilets and potable handwashing units; cleanliness standards.
    (a) The Department shall by rule, establish and issue a separate license, independent of any other license issued under this Act, for the pumping, hauling, and disposal of wastes removed from the sewage disposal systems of portable toilets and portable, potable handwashing units and the cleaning, sanitizing, and maintenance of portable toilets and portable, potable handwashing units to qualified businesses responsible for the pumping, hauling, and disposal of wastes removed from the sewage disposal systems of portable toilets and portable, potable handwashing units and the cleaning, sanitizing, and maintenance of portable toilets and portable, potable handwashing units. These rules shall concern, but not be limited to, all of the following areas:
        (1) License duration and expiration, renewal,
     reinstatement, and inactive status.
        (2) All fees relating to initial licensure and
     renewal.
        (3) Licensure application form and process.
        (4) Violations and penalties.
        (5) Exemptions and waivers.
        (6) Ventilation, safety, and security requirements of
     portable toilet units and the sewage disposal systems of portable toilet units.
    (a‑5) The Department shall by rule, establish and issue a certificate of registration as a portable sanitation technician for any employee of a business licensed under this Section who engages in the servicing of portable toilets and portable, potable handwashing units and the cleaning, sanitizing, and maintenance of portable toilets and portable, potable handwashing units. Beginning 6 months after the date of the adoption of Department rules implementing the provisions of this amendatory Act of the 95th General Assembly, no person may engage in the servicing of portable toilets in a manner that does not comply with the requirements of this Act and the rules established by the Department under this Act concerning the issuance of a certificate of registration as a portable sanitation technician. Prior to a registrant's initial renewal of his or her certificate of registration, the registrant must complete a certification program approved by the Department.
    (b) Beginning 6 months after the date of the adoption of
     Department rules implementing the provisions of this amendatory Act of the 95th General Assembly, no person or business may engage in the pumping, hauling, and disposal of wastes removed from the sewage disposal systems of portable toilets and portable, potable handwashing units and the cleaning, sanitizing, and maintenance of portable toilets and portable, potable handwashing units without being licensed or certified under this Section.
    (c) The Department shall
     require the successful completion of an examination, prescribed by the Department, prior to licensure. The Department may accept the Portable Sanitation Association International's Health and Safety Certification Program as an acceptable educational and testing program.
    (d) The Department shall
     consider and make any necessary amendments to the private sewage disposal code in relation to a license issued for the pumping, hauling, and disposal of wastes removed from the sewage disposal systems of portable toilets and portable, potable handwashing units and the cleaning, sanitizing, and maintenance of portable toilets and portable, potable handwashing units.
    (e) The Department shall
     establish and enforce standards of cleanliness for companies that sell, lease, rent, or otherwise maintain portable toilet units and portable, potable handwashing units for commercial purposes, which shall include, but not be limited to, the following requirements:
        (1) Each unit shall be thoroughly cleaned at each
     pumping, including all parts of the unit, which are the urinal, tank, walls, floors, door, and roof.
        (2) Soap or anti‑bacterial hand cleaner and paper
     products shall be refilled in each unit at each pumping, if required.
        (3) After a unit is cleaned, it shall be inspected
     to ensure compliance with Department rules concerning the ventilation, safety, and security of the unit.
        (4) A company shall designate at least one
     representative who shall be responsible for ensuring that each unit maintained by the company meets the standards of cleanliness set forth in this subsection (d) and any additional standards established by the Department.
        (5) Those persons engaging in cleaning units shall
     wear protective equipment and be trained in proper procedures for sanitation and self‑protection.
(Source: P.A. 94‑138, eff. 7‑7‑05; 95‑701, eff. 11‑29‑07.)

    (225 ILCS 225/6) (from Ch. 111 1/2, par. 116.306)
    Sec. 6.
    Property owners of all buildings and places where people live, work, or assemble shall provide for the sanitary disposal of all human wastes and domestic sewage. Human wastes and domestic sewage from such buildings and places shall be disposed of by discharging into a sewerage system operated and maintained under permit of the Illinois Environmental Protection Agency, if reasonably available, or if such sewerage system is not available then such disposal shall be in compliance with this Act and the private sewage disposal code promulgated under this Act.
(Source: P. A. 78‑812.)

    (225 ILCS 225/7)(from Ch. 111 1/2, par. 116.307)
    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 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 estate, development, and building industries.
    (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.
    (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 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.
(Source: P.A. 96‑801, eff. 1‑1‑10.)

    (225 ILCS 225/8)(from Ch. 111 1/2, par. 116.308)
    Sec. 8. (a) In addition to promulgating and publishing the private sewage disposal code, the Department has the following powers and duties:
        (1) Make such inspections as are necessary to
     determine satisfactory compliance with this Act and the private sewage disposal code.
        (2) Cause investigations to be made when a violation
     of any provisions of this Act or the private sewage disposal code is reported to the Department.
        (3) Subject to constitutional limitations, by its
     representatives after identification, enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the administration and enforcement of this Act and the private sewage disposal code.
        (4) Institute or cause to be instituted legal
     proceedings in the circuit court by the State's Attorney of the county where such non‑compliance occurred or by the Attorney General of the State of Illinois in cases of non‑compliance with the provisions of this Act and the private sewage disposal code.
        (5) Evaluate all Experimental Use Permits in
     existence on August 14, 2008 (the effective date of Public Act 95‑824), in accordance with the established conditions of approval for each permit. After the date of approval, the Department shall not issue any new Experimental Use Permits, but may instead issue site specific approval for performance‑based systems in accordance with this Section.
        (6) Adopt minimum performance standards for private
     sewage disposal system contractors.
        (7) Issue an annual license to every applicant who
     complies with the requirements of this Act and the private sewage disposal code and who pays the required annual license fee.
        (8) Collect an annual license fee in an amount
     determined by the Department from each contractor and any examination and reinstatement fees.
        (9) Prescribe rules of procedure for hearings
     following denial, suspension or revocation of licenses as provided in this Act.
        (10) Authorize the use of alternative private sewage
     disposal systems that are designed by a professional engineer licensed under the Professional Engineering Practice Act of 1989 or an environmental health practitioner licensed under the Environmental Health Practitioner Licensing Act and accepted by the Department on a case‑by‑case basis where the proposed design reasonably addresses issues particular to the proposed system, including without limitation flow volume projections, wastewater composition and pretreatment, treatment and flow in the subsurface environment, and system ownership and maintenance responsibility.
    (b) The Department may review alternative technology and operational data from the appropriate state agency of another state, from another government entity, or from an independent testing organization to determine whether approval of components or private sewage disposal systems within the State is appropriate. The request for approval shall be made on forms approved by the Department.
    (c) The Director shall authorize the use of appropriate new innovative wastewater treatment systems to best protect public health, the environment, and the natural resources of the State.
(Source: P.A. 95‑656, eff. 10‑11‑07; 95‑824, eff. 8‑14‑08; 96‑328, eff. 8‑11‑09.)

    (225 ILCS 225/9) (from Ch. 111 1/2, par. 116.309)
    Sec. 9.
    In the administration and enforcement of this Act and the private sewage disposal code, the Department may designate and use full‑time municipal, district, county or multiple county health departments as its agents.
(Source: P.A. 78‑812.)

    (225 ILCS 225/10)(from Ch. 111 1/2, par. 116.310)
    Sec. 10. (a) This Act does not prohibit the enforcement of ordinances of units of local government establishing a system for the regulation and inspection of private sewage disposal contractors and a minimum code of standards for design, construction, materials, operation and maintenance of private sewage disposal systems, for the transportation and disposal of wastes therefrom and for private sewage disposal systems servicing equipment, provided such ordinance establishes a system at least equal to state regulation and inspection.
    Such units of local government who wish to be approved, shall submit a copy of such ordinance including all amendments to the Department requesting approval for such system of regulation and inspection. If such plan is approved by the Department the ordinance shall prevail in lieu of the state licensure, fee and inspection program, and the Department shall issue written approval. Not less than once each year the Department shall evaluate the program to determine whether such program is being operated in accordance with the approved provisions of existing ordinances. If the Department finds after investigation that such program is not in accordance with the approved program or is not being enforced, the Director shall give written notice of the findings to the chief administrative officer of such unit of local government. If the Department thereafter finds, not less than 30 days after the giving of such notice that the program is not being conducted in a manner consistent with existing ordinances, the Director shall give written notice of such findings to the chief administrative officer of the unit of local government, and after administrative hearing as provided in this Act, all persons then operating under such unit of local government shall be immediately subject to the state licensure, fee and inspection program.
    (b) This Act does not prohibit the enforcement of ordinances of units of local government that require homeowners who maintain a private sewage disposal system within the unit of local government to provide verification, no more frequently than once every 3 years, to the unit of local government of a valid contract with a licensed private sewage disposal system installation contractor. However, no additional fee may be charged for such verification.
(Source: P.A. 95‑919, eff. 8‑26‑08.)

    (225 ILCS 225/10.5)
    Sec. 10.5. Advisory Commission.
    (a) There is hereby created the Advisory Commission on Private Sewage Disposal, which shall consist of 17 members to be appointed from time to time by the Director. Of the initial appointments, 5 members shall be appointed to serve a one‑year term, 5 members to serve a 2‑year term, and 7 members to serve a 3‑year term. The Advisory Commission shall be comprised of at least one representative of each of the following: the Illinois Public Health Association, the Home Builders Association of Illinois, the Illinois Association of Realtors, the Illinois Environmental Protection Agency, the Illinois Environmental Health Association, the Onsite Wastewater Professionals of Illinois, Inc., the Illinois Association of Local Environmental Health Administrators, the Illinois Precast Concrete Association, the Illinois Land Improvement Contractors Association, the Illinois Soil Classifier Association, and the Illinois Onsite Wastewater Association. The Director shall appoint one member to serve as chairperson.
    (b) The Advisory Commission shall advise and aid the Director in:
        (1) reviewing and suggesting changes to the State
     code developed under Section 7, including but not limited to proposing performance‑based standards for the design, construction, operation, and maintenance of private sewage disposal systems;
        (2) propose methods for funding private sewage
     disposal services and for reimbursement of units of local government for expenses incurred in administering this Act as agents of the State;
        (3) examining the need for more stringent licensing
     requirements under this Act, including but not limited to an apprenticeship program as a condition of original licensure and the issuance of advanced skill licenses;
        (4) developing continuing education requirements for
     persons licensed under this Act;
        (5) considering the need for continuing testing
     programs for private sewage disposal systems;
        (6) developing a research and development program to
     examine private sewage disposal issues that affect public health and examining funding options for the program;
        (7) developing a training center to educate all
     persons interested in learning more about on‑site sewage disposal and to work with universities to provide that education;
        (8) developing an experimental use permit program to
     set criteria for testing and reviewing new systems or innovative systems or devices and to consider oversight of this program by the Advisory Commission;
        (9) examining the need for a uniform State license
     to install, construct, maintain, or operate systems or to pump, haul, or dispose of septage without the need for a license from a unit of local government; and
        (10) performing other duties from time to time on
     the request of the Director.
    (c) The Advisory Commission shall submit an annual report to the Director regarding its findings and recommendations under subsection (b).
    (d) Members of the Advisory Commission may be reimbursed for actual and necessary expenses incurred in the performance of their duties under this Act.
    (e) Members of the Advisory Commission shall be immune from suit in any action based on an act performed in good faith as a member of the Advisory Commission.
    (f) The Advisory Commission shall meet at least semi‑annually.
    (g) A State officer, department, board, agency, division, or commission or a unit of local government may provide a service to the Advisory Commission that is (1) requested by the Advisory Commission and (2) within the scope of the person's or entity's governmental functions as established by law.
(Source: P.A. 90‑151, eff. 7‑23‑97.)

    (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 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 for
     the performance of any act it requires;
        (d) be served upon the owner, operator or licensee