2023 Illinois Compiled Statutes › Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS › 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
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. 100-201, eff. 8-18-17.)
(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) Beginning January 1, 2013 or 6 months after the date of issuance of a general NPDES permit for surface discharging private sewage disposal systems by the Illinois Environmental Protection Agency or by the United States Environmental Protection Agency, whichever is later, 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 by the United States 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 or by the United States 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; 97-1081, eff. 8-24-12.)
(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 as     the case may require; provided that such notice or order shall be deemed to have been properly served upon such owner, operator or licensee when a copy thereof has been sent by registered or certified mail to his last known address as furnished to the Department; or, when he has been served with such notice by any other method authorized by the laws of this State; and
(e) contain an outline of remedial action, which is     required to effect compliance with this Act and the rules and regulations issued under this Act.
(Source: P.A. 92-353, eff. 8-15-01.)
(225 ILCS 225/12) (from Ch. 111 1/2, par. 116.312)
Sec. 12. 
		
		
		The Department must in any proceeding to suspend, revoke or refuse to
issue a license, first serve or cause to be served upon the applicant, or
licensee a written notice specifying the way or ways in which such
applicant or licensee has failed to comply with this Act, or any rules,
regulations or standards promulgated by the Department pertaining thereto.
In the case of a revocation or suspension, this notice shall require the
licensee to remove or abate such violations, insanitary or objectionable
condition, specified in such notice, within 5 days or within a longer
period of time as may be allowed by the Department. If the licensee fails
to comply with other terms and conditions of the notice, within the time
specified or such extended period of time, the Department may revoke or
suspend such license. If an applicant fails to comply with this Act, rules
or regulations or standards promulgated under this Act, the Department may
refuse to issue a license.
(Source: P.A. 78-812.)
(225 ILCS 225/13) (from Ch. 111 1/2, par. 116.313)
Sec. 13. 
		
		The Department shall give written notice by certified or registered mail
to any person refused a license or
whose license is suspended or revoked, or an approved unit of local
government whose approval is denied, suspended or revoked or any person in
violation of the Act, rules and regulations. Such person has a right to a
hearing before the Department; however, a written notice of a request for
such a hearing must be served on the Department within 10 days of notice of
such refusal of a license or suspension or revocation thereof or notice of
violation. The hearing shall be conducted by the Director, or a Hearing
Officer designated in writing by the Director, to conduct the hearing. A
stenographic record shall be made of the hearing and the cost borne by the
Department; however, a transcription of the hearing will be made only if a
person requests it and shall be transcribed at the cost of such person.
The hearing shall be conducted at such place as designated by the
Department. The Director shall give written notice of the time and place of
hearing, by registered or certified mail, to the owner, operator, licensee,
or applicant, as the case may be, at least 20 days before such hearing. The
Director or Hearing Officer shall permit the licensee, applicant, person,
or unit of local government to appear in person or to be represented by
counsel at the hearing at which time such party shall be afforded an
opportunity to present all relevant matter in reference thereto.
(Source: P.A. 84-670.)
(225 ILCS 225/14) (from Ch. 111 1/2, par. 116.314)
Sec. 14. 
		
		The Director or Hearing Officer may compel by subpoena or subpoena
duces tecum the attendance and testimony of witnesses and the production
of books and papers and administer oaths to witnesses. All subpoenas issued by the
Director or Hearing Officer may be served as provided for in a civil
action. The fees of witnesses for attendance and travel shall be the same
as the fees for witnesses before the circuit court and shall be paid by the
party to such proceeding at whose request the subpoena is issued. If such
subpoena is issued at the request of the Department, the witness fee shall
be paid as an administrative expense.
In cases of refusal of a witness to attend or testify, or to produce
books or papers, concerning any matter upon which he might be lawfully
examined, the circuit court of the county where the hearing is held, upon
application of any party to the proceeding, may compel
obedience by proceeding as for contempt.
(Source: P.A. 83-334.)
(225 ILCS 225/15) (from Ch. 111 1/2, par. 116.315)
Sec. 15. 
		
		In the event of the inability of any party or the Department
to procure the attendance of witnesses to give testimony or produce
books and papers, such party or the Department may take the deposition
of witnesses in accordance with the laws of this State. All testimony
taken at a hearing shall be reduced to writing, and all such testimony
and other evidence introduced at the hearing shall be a part of the
record of the hearing.
(Source: P.A. 78-812.)
(225 ILCS 225/16) (from Ch. 111 1/2, par. 116.316)
Sec. 16. 
		
		
		The Director shall make findings of fact in such hearing, and the
Director shall render his decision within 30 days after the termination of
the hearing, unless additional time is required by him for a proper
disposition of the matter. When the hearing has been conducted by a Hearing
Officer, the Director shall review the findings of fact and recommendations
of the Hearing Officer, and the transcribed record if a party has requested
and paid for such record before rendering a decision. It shall be the duty
of the Director to forward a copy of his decision, by registered or
certified mail, to the owner, operator, licensee, applicant, or local
health department, as the case may be, within 5 days of rendition of such
decision. Technical errors in the proceeding before the Director or Hearing
Officer or their failure to observe the technical rules of evidence shall
not be grounds for the reversal of any administrative decision unless it
appears to the court that such error or failure materially affects the
rights of any party and results in substantial injustice to him.
(Source: P.A. 78-812.)
(225 ILCS 225/17) (from Ch. 111 1/2, par. 116.317)
Sec. 17. 
		
		
		The Department is not required to certify any record or file any answer
or otherwise appear in any proceeding for judicial review unless the party
filing the complaint deposits with the clerk of the court the sum of $1 per
page representing costs of such certification. Failure on the part of the
plaintiff to make such deposit shall be grounds for dismissal of the
action.
(Source: P.A. 78-812.)
(225 ILCS 225/18) (from Ch. 111 1/2, par. 116.318)
Sec. 18. 
		
		Whenever the Department finds that an emergency exists, including those
within programs approved in Section 10, which requires immediate action to
protect the public health, it may, without any administrative procedure and
without notice, hearing, or bond bring an action for a temporary restraining
order or a preliminary injunction to
require that such action be taken as the court may deem necessary to meet
the emergency, including the suspension or revocation of the license.
Notwithstanding any other provision in this Act such order shall be
effective immediately. Such action shall be brought by the State's Attorney
of the county in which the violation occurred or by the Attorney General in
the name of the People of the State of Illinois. When such conditions are
abated, in the opinion of the Department, the Department may request and
the court may enter an order that
the temporary restraining order or a preliminary injunction be dissolved.
(Source: P.A. 83-342.)
(225 ILCS 225/19) (from Ch. 111 1/2, par. 116.319)
Sec. 19. 
		Civil and criminal penalties.
(a) Any person who violates this Act or any rule or regulation adopted
by the Department under this Act or who violates any determination or order
of the Department under this Act shall be guilty of a Class A misdemeanor and
shall be fined a sum not less than $100.  Each day's violation constitutes a
separate offense.
(b) In addition to any other penalty provided under this Act, the
Department (or a unit of local government acting under Section 10) in an
administrative proceeding, or the court in an action brought under subsection
(c) of this Section, may impose upon any person who violates this Act or any
rule or regulation adopted under this Act, or who violates any determination or
order of the Department under this Act, a civil penalty not exceeding $1,000
for each violation plus $100 for each day that the violation continues.
(c) The State's Attorney of the county in which the violation
occurred or the Attorney General may bring actions
for the enforcement of this Act and the rules adopted and orders issued
under this Act, in the name of the People of the State of Illinois,
and may, in addition to other remedies provided in this Act,
bring an action for an injunction to restrain any actual or threatened
violation, or to enjoin the operation of any establishment
operated in violation, or to impose or collect a civil penalty for any
violation.
(Source: P.A. 92-353, eff. 8-15-01.)
(225 ILCS 225/20) (from Ch. 111 1/2, par. 116.320)
Sec. 20. 
		
		
		Nothing in this Act shall be construed to exclude the State of Illinois
and Departments thereof except that the provisions in this Act for
applications for license, the provisions for fees for licenses, and the
provision for fine and imprisonment shall not apply to the State of
Illinois and to Departments thereof.
(Source: P.A. 78-812.)
(225 ILCS 225/21) (from Ch. 111 1/2, par. 116.321)
Sec. 21. 
		
		The Administrative Review Law, as now or
hereafter amended, and the rules adopted
under the Administrative Review Law apply to and govern all proceedings for
judicial review of final
administrative decisions of the Department under this Act. For the purposes
of this Act, the term "administrative decision" is defined as in Section
3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
(225 ILCS 225/22) (from Ch. 111 1/2, par. 116.322)
Sec. 22. 
		
		
		If any part of this Act is adjudged invalid, such adjudication shall not
affect the validity of the Act as a whole or of any other part.
(Source: P.A. 78-812.)
(225 ILCS 225/24) (from Ch. 111 1/2, par. 116.324)
Sec. 24. 
		
		The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that in
case of conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act control, and except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.
(Source: P.A. 88-45.)