415 ILCS 50/ Wastewater Land Treatment Site Regulation Act. - Illinois Statutes

(415 ILCS 50/1) (from Ch. 111 1/2, par. 581)     Sec. 1. Short title.     This Act shall be known and may be cited as the "Wastewater Land Treatment Site Regulation Act." (Source: P. A. 78‑350.)

(415 ILCS 50/2) (from Ch. 111 1/2, par. 582)     Sec. 2. Definitions.     As used in this Act unless the context otherwise requires, the terms specified in Sections 2.01 through 2.07 have the meanings ascribed to them in those Sections. (Source: P. A. 78‑350.)

(415 ILCS 50/2.01) (from Ch. 111 1/2, par. 582.01)     Sec. 2.01.     "Applicant" means any person who submits a program to the steering committee to establish, operate, manage or maintain a wastewater land treatment site or a digested sludge utilization site. (Source: P. A. 78‑350.)

(415 ILCS 50/2.02) (from Ch. 111 1/2, par. 582.02)     Sec. 2.02.     "Certificate of authorization" means the written certificate granted to an applicant upon adoption of a resolution by a county board authorizing the establishment and operation of a wastewater land treatment site. (Source: P.A. 78‑350.)

(415 ILCS 50/2.03) (from Ch. 111 1/2, par. 582.03)     Sec. 2.03.     "Wastewater" means sewage, sludge, effluent or industrial waste, but does not mean digested sludge. (Source: P. A. 78‑350.)

(415 ILCS 50/2.04) (from Ch. 111 1/2, par. 582.04)     Sec. 2.04. "Wastewater land treatment site" means any sewage lagoon, storage lagoon, sludge drying lagoon, irrigation field, however such lagoon or field is denominated, used for storing, draining, treating or purifying wastewater through bacterial action and natural soil filters if such site is located outside of the county in which the waste was produced, but does not mean a digested sludge utilization site. (Source: P.A. 85‑1041.)

(415 ILCS 50/2.05) (from Ch. 111 1/2, par. 582.05)     Sec. 2.05.     "Digested sludge" means the biologically stabilized product resulting from the aerobic or heated anaerobic digestion of solids generated in wastewater treatment processes. (Source: P. A. 78‑350.)

(415 ILCS 50/2.06) (from Ch. 111 1/2, par. 582.06)     Sec. 2.06. "Digested sludge utilization site" means any storage basin or lagoon; drying field or bed; irrigation or application field; nutrient barriers; environmental transition zones; application field runoff storage reservoir; or any other area or facility related to the application of digested sludge to land, if such site is located outside of the county in which the digested sludge was produced. (Source: P.A. 85‑1041.)

(415 ILCS 50/2.07) (from Ch. 111 1/2, par. 582.07)     Sec. 2.07.     "Person" means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, sanitary district, state agency or any other legal entity, or their legal representative, agent or assigns. (Source: P. A. 78‑350.)

(415 ILCS 50/2.08) (from Ch. 111 1/2, par. 582.08)     Sec. 2.08. "Designated management agency", "designated area‑wide water quality planning agency" and "facility planning area", respectively, mean:     (a) "designated management agency" as defined in Chapter 40 of the Code of Federal Regulations, Section 130.2, paragraph (m).     (b) "designated area‑wide water quality planning agency" as defined in Chapter 40 of the Code of Federal Regulations, Section 130.2, paragraph (k) and Section 130.9.     (c) "facility planning area" as defined in the Illinois Water Quality Management Plan, paragraph 2.33. (Source: P.A. 85‑1041.)

(415 ILCS 50/3) (from Ch. 111 1/2, par. 583)     Sec. 3. An applicant for a wastewater land treatment site located inside of the county in which the waste was produced shall submit its engineering report for concept approval, including proof of financial capability to operate and maintain such a system on a continuing basis, concurrently to the Illinois Environmental Protection Agency and any designated management agency in the facility planning area within which the system is located, and to any designated area‑wide water quality planning agency within which the system is located. A designated management agency may review and comment to the Illinois Environmental Protection Agency regarding such engineering report. Such review and comment must be submitted to the Illinois Environmental Protection Agency within 45 days of submission of the engineering report. The Illinois Environmental Protection Agency shall consider such review and comment in its permit issuance process. (Source: P.A. 85‑1041.)

(415 ILCS 50/3.01) (from Ch. 111 1/2, par. 583.01)     Sec. 3.01. No person may establish, operate, manage or maintain any wastewater land treatment site or digested sludge utilization site within any county unless a program for that purpose is first submitted to a steering committee of 15 members appointed as follows:     (1) 5 members appointed by the County Board of the County within which the proposed site is located;     (2) 3 members appointed by the applicant;     (3) 2 members appointed by the President of the University of Illinois, at least one of whom shall be a representative of the local Agricultural Extension Service; and     (4) 5 members, including one appointed by the Director or Secretary of each of the following Departments:         (a) the Environmental Protection Agency;         (b) the Department of Natural Resources;         (c) the Department of Transportation;         (d) the Department of Public Health; and         (e) the Department of Agriculture. (Source: P.A. 91‑357, eff. 7‑29‑99.)

(415 ILCS 50/3.02) (from Ch. 111 1/2, par. 583.02)     Sec. 3.02.     Appointments shall be made within 30 days after notice by the applicant to each of the appointing authorities. Within 45 days after such notice by the applicant, each appointing authority shall give notice of its appointments to each other appointing authority. In the event any appointing authority does not appoint within the time specified, the steering committee shall consist of all members duly appointed by the other appointing authorities, and said members shall meet as soon as practicable to select a Chairman. (Source: P. A. 78‑350.)

(415 ILCS 50/3.03) (from Ch. 111 1/2, par. 583.03)     Sec. 3.03.     The steering committee shall, not later than 3 months after a program is submitted, issue a report which shall include its comments and recommendations relative to said program. In the event such a report is not issued within the time specified, the program shall be deemed to be acceptable as submitted. (Source: P. A. 78‑350.)

(415 ILCS 50/3.04) (from Ch. 111 1/2, par. 583.04)     Sec. 3.04.     The steering committee shall act solely as an advisory body to the applicant, the county and other interested persons. Its comments and recommendations shall have no binding effect. (Source: P. A. 78‑350.)

(415 ILCS 50/3.05) (from Ch. 111 1/2, par. 583.05)     Sec. 3.05. No person may establish, operate, manage or maintain any wastewater land treatment site or any digested sludge utilization site without first obtaining a permit from the Illinois Environmental Protection Agency. Any person who has both obtained such permit and obtained zoning approval of the project to be served by the site from the municipality or county having jurisdiction over the property on which the site is located, shall be exempt from all other requirements of this Act with respect to the site for which such permit and zoning approval were obtained. (Source: P.A. 85‑1041.)

(415 ILCS 50/4) (from Ch. 111 1/2, par. 584)     Sec. 4.     No person may establish, operate, manage or maintain any wastewater land treatment site without a certificate of authorization granted by the county board of the county in which such wastewater land treatment site is to be established. (Source: P. A. 78‑350.)

(415 ILCS 50/5) (from Ch. 111 1/2, par. 585)     Sec. 5. Penalty.     Any person who violates this Act, or any standard, rule or regulation adopted by the county board pursuant to authority granted by this Act with respect to the establishment of a wastewater land treatment site shall upon conviction be guilty of a business offense and subject to a fine not to exceed $10,000. Each day that such violation continues constitutes a separate offense. (Source: P. A. 78‑350.)

(415 ILCS 50/6) (from Ch. 111 1/2, par. 586)     Sec. 6. (a) The county board shall adopt by ordinance or resolution all necessary standards, rules and regulations for the management or establishment of a wastewater land treatment site and may in addition to any other penalty which may be authorized by this Act suspend or revoke any certificate of authorization issued under this Act for any violation of such standards, rules or regulations.     (b) Any person to whom a certificate of authorization has been issued under this Act who is alleged or found to be in violation of the standards, rules or regulations of the county board shall, before the suspension or revocation of such certificate of authorization, be summoned to a hearing of the matter before the county board or its duly authorized hearing officer.     (c) Any person summoned to appear before the county board under this Act shall be given adequate notice of such hearing at least 10 days prior to the date set for hearing. Such notice shall be in writing and shall be served personally on the person summoned or if such service cannot be obtained by mailing the notice by registered mail to the place of business specified by such person in his last notification to the county board. If the person summoned is summoned by reason of a complaint against him for alleged violations of this Act a copy of such complaint or alleged violations shall be attached to and served with the summons.     (d) The county board may enter an order of suspension or revocation, as the case may require, upon failure of the respondent to appear. If within 30 days after receipt of such order of suspension or revocation the respondent petitions the county board in writing for a rehearing setting forth adequate grounds for failure to appear the county board may grant a rehearing of the matter.     (e) Any party to a hearing held under this Act may be represented by legal counsel.     (f) All testimony given at any hearing held under this Act shall be recorded and upon the request of an aggrieved party for purposes of review shall be transcribed. (Source: P.A. 79‑1363.)

(415 ILCS 50/7) (from Ch. 111 1/2, par. 587)     Sec. 7. Judicial review). Any person aggrieved by any final order, decision or determination of the county board or its duly appointed hearing officer is entitled to judicial review of the matter under the provisions of the Administrative Review Law, as now or hereafter amended and the rules and regulations adopted pursuant thereto, in the circuit court of the county in which the cause of action arose, upon filing of the complaint within 35 days of the issuance of such final order, decision or determination. (Source: P.A. 82‑783.)

(415 ILCS 50/8) (from Ch. 111 1/2, par. 588)     Sec. 8.     The provisions of Sections 4 through 7 of this Act are not applicable to the establishment, operation, management or maintenance of digested sludge utilization sites. (Source: P. A. 78‑350.)

(415 ILCS 50/9) (from Ch. 111 1/2, par. 589)     Sec. 9.     Any person who establishes, operates, manages or maintains a digested sludge utilization site must monitor said site and report its findings, not less than quarterly, to the County Department of Public Health, or such other agency as the County Board might direct. The County Department of Public Health, or such other agency, shall have the right to enter upon the site for the purpose of conducting its own monitoring. (Source: P. A. 78‑350.)

(415 ILCS 50/10) (from Ch. 111 1/2, par. 590)     Sec. 10.     This Act does not apply within the jurisdiction of any home rule county. (Source: P. A. 78‑350.)