Current through Register Vol. 48, No. 12, March 22, 2024
a) Any
person operating in Illinois who sells, rents, leases, transports, services,
cleans, sanitizes or maintains a portable toilet or portable potable hand
washing unit or pumps, transports or disposes of waste from portable toilets or
portable potable hand washing units shall be licensed as a portable sanitation
business.
b) Only a portable
sanitation technician or portable sanitation technician trainee certified by
the Department as working for a portable sanitation business may service,
clean, sanitize or maintain a portable toilet or portable potable hand washing
unit, or pump, transport or dispose of waste from portable toilets or portable
potable hand washing units.
c) Any
person licensed as a private sewage disposal system pumping contractor on or
after January 1, 2014 may submit to the Department a completed application and
fee, within 6 months after January 1, 2014, requesting to be licensed as a
portable sanitation business. A person licensed as a private sewage disposal
system pumping contractor on January 1, 2014 may submit to the Department a
completed application and fee to be certified as a portable sanitation
technician without taking the examination or initial training required for the
portable sanitation technician certification. After July 1, 2014, all persons
wanting to become certified as a portable sanitation technician shall complete
the training requirements of this Section.
d) Any person wishing to obtain a license as
a portable sanitation business shall:
1)
Submit to the Department a completed application on forms provided by the
Department;
2) Provide a copy of
the business' education and training materials and protocol for educating and
training for all employees requiring certification by the Department;
3) Provide a written statement signed by the
owner or authorized representative specifying that only certified portable
sanitation technicians and portable sanitation technician trainees will be
transporting, servicing, cleaning, sanitizing or maintaining portable toilets
or portable potable hand washing units, or pumping, transporting or disposing
of waste from portable toilets or portable potable hand washing units for the
business; and
4) Submit a
non-refundable fee for the license as established in Section
905.200.
e) A portable sanitation business
license shall expire on June 30 of each year, except that a license issued
after April 1 and before June 30 shall expire on June 30 of the following
year.
f) Certification of Employees
1) A portable sanitation business shall
submit the following materials to the Department as part of the certification
process of a portable sanitation technician trainee:
A) A completed application on a form provided
by the Department;
B) A
non-refundable fee as established in Section 905.200; and
C) For initial application, a copy of the
individual's certificate of completion from an approved training course; and
for annual renewal of the certification, documentation of attendance at an
approved continuing education course.
2) A portable sanitation business shall
submit the following materials to the Department as part of the certification
process of a portable sanitation technician:
A) A completed application on a form provided
by the Department;
B) A
non-refundable fee as established in Section 905.200; and
C) For initial application, a copy of the
individual's certificate of completion from an approved training course; and
for annual renewal of the certification, documentation of attendance at an
approved continuing education course.
g) Portable Sanitation Technician Trainee
1) To become certified as a portable
sanitation technician trainee, an individual shall:
A) Be an owner or employee of a licensed
portable sanitation business; and
B) Complete an initial training or an
education course provided by the portable sanitation business and approved by
the Department.
2) The
application shall be submitted on forms provided by the Department and
accompanied by the fee established in Section 905.200.
3) The portable sanitation technician trainee
certification is valid for only one year. A portable sanitation technician
trainee certification shall expire on June 30 of each year, except that a
certification issued after April 1 and before June 30 shall expire on June 30
of the following year.
h) Portable Sanitation Technician
1) To become certified as a portable
sanitation technician, an individual shall:
A) Be an owner or employee of a licensed
portable sanitation business;
B)
Complete training and an education course provided by and specific to the
portable sanitation business; this training shall be pre-approved by the
Department; and
C) For the original
certification, provide a copy of the employee's documentation of attendance and
passing grade for the training and examination offered by the Department or a
training and testing program approved by the Department. For renewal of the
certification, the employee shall provide copies of the employee's
documentation of attendance at a continuing education course in accordance with
Section 905.200.
2) The
application shall be submitted on forms provided by the Department and
accompanied by the fee established in Section 905.200.
i) For the attendee to receive credit to be
used for obtaining or renewing certification, education courses and continuing
education course curricula shall have Department approval prior to the
attendee's attending the course. Courses not pre-approved by the Department
shall not be counted toward training or continuing education.
j) The examination for a portable sanitation
technician certification shall test the applicant's knowledge of safely
pumping, cleaning and sanitizing portable toilets and portable potable hand
washing units and hauling and disposing of wastes removed from portable toilets
and portable potable hand washing units.
k) An individual shall achieve a grade of 70%
or higher to pass an examination for a portable sanitation technician
certification.
l) The portable
sanitation technician certification shall be renewed annually. A portable
sanitation technician certification shall expire on June 30 of each year,
except that an original certification issued after April 1 and before June 30
shall expire on June 30 of the following year. If a renewal application is
mailed or received after June 30, a non-refundable reinstatement fee will be
required as provided in Section 905.200.
m) The portable sanitation business is
accountable for the following work conducted by individuals certified by the
business:
1) Cleaning, servicing and
replenishing required items or chemicals for each portable toilet or portable
potable hand washing unit serviced, inspected or maintained;
2) Pumping, transporting or disposing of
waste from portable toilets or portable potable hand washing units.
n) Standards for Constructing and
Servicing Portable Toilets or Portable Potable Hand Washing Units
Portable toilets or portable potable hand washing units shall
be constructed and serviced in the following manner:
1) Rooms, buildings or shelters housing
portable toilets shall be of solid construction, easy to clean and providing
shelter and privacy. The portable toilet room shall be ventilated to the
outside, with the vent covered with 16-mesh screen. Internal latches shall be
provided for the doors to the portable toilets to prevent inadvertent
entry.
2) Waste containers and
portable potable water containers shall be fabricated from impervious materials
such as plastic, steel, fiberglass or their equivalents. Containers shall be
watertight and capable of containing the waste and portable potable
water.
3) Number of Portable
Toilets and Portable Potable Hand Washing Units at a Site
A) An adequate number of portable toilets and
portable potable hand washing units shall be provided to be used by the number
of persons anticipated.
B) The
portable toilets and portable potable hand washing units shall be serviced at a
frequency that maintains the units in a sanitary condition and free of
odors.
C) The employer, property
owner or event coordinator shall acquire more units or adjust the service and
maintenance frequently to ensure sanitary conditions.
D) The property owner's failing to provide a
sufficient number of portable toilets or portable potable hand washing units or
a frequency of service and maintenance capable of ensuring a sanitary condition
is a violation of the Act and this Part.
4) Servicing shall include removing waste
from containers; recharging containers with an odor-controlling solution;
installing a supply of toilet tissue, sanitary single use towels, and liquid
soap and refilling hand sanitizing solution, based on the unit's intended use;
and cleaning and sanitizing the portable toilets and hand washing units.
A) Each portable toilet and portable potable
hand washing unit shall be thoroughly cleaned and sanitized after each pumping
or as part of the routine service. Areas that shall be cleaned and sanitized
include all internal parts of the unit, which include the urinal, seat,
counters, shelves, tank, walls, floor, door and ceiling, in addition to the
exterior of the door and handle.
B)
The portable toilet system contractor shall have 2 separate sets of cleaning
equipment, which shall be labeled and stored so that they are physically
separated from each other. One set shall be used to clean and sanitize the
walls, counters, shelves, handle, door and ceiling of the portable toilets and
the portable potable hand washing units. The second set of cleaning and
sanitizing equipment shall be used for the floors, urinals, seat and tank of
the portable toilet. If the units are cleaned and sanitized with a power
washer, separate sets of cleaning equipment are not needed.
C) Anti-bacterial hand sanitizer shall be
provided at each unit and shall be refilled at each pumping, as needed. One
portable potable hand washing unit with a supply of sanitary single-use towels
and soap may be provided for up to 5 portable toilets in lieu of refilling
anti-bacterial hand sanitizer at each unit. The hand washing facility shall be
located within 20 feet of the portable toilets. The dispensers and hand washing
facilities shall be cleaned and sanitized after each pumping, and then refilled
with potable water from an approved source.
5) After a unit is cleaned and sanitized, it
shall be inspected by the person designated by the business to ensure that the
unit is in compliance with this Section and all other applicable Sections of
this Part.
6) Any defective
portable toilets or portable potable hand washing units shall be repaired or
withdrawn from service by locking or removal.
7) Waste shall be removed in a sanitary
manner by means of a vacuum hose and discharged to a leak-proof tank truck. All
ports on the tank shall be valved and capped.
8) Service trucks shall have access to the
toilets to be serviced.
9) The
service trucks and disposal of waste from tank trucks shall be in accordance
with Section
905.170(g).
10) A business shall designate at least one
representative who shall be responsible for ensuring that each unit maintained
by the business meets the standards of cleanliness set forth in the Act and
this Part.
11) Persons engaged in
cleaning and sanitizing units shall wear protective equipment and be trained in
proper procedures for cleaning, sanitation and self-protection.
12) All portable sanitation businesses shall
certify that the portable sanitation technicians and portable sanitation
technician trainees are capable of properly cleaning and sanitizing a portable
toilet and portable potable hand washing unit. At a minimum, the business shall
annually inspect each portable sanitation technician's and portable sanitation
technician trainee's work to ensure that he or she is capable and can
effectively clean and sanitize the portable toilets and portable potable hand
washing units to be serviced.
o) Violations of the Act or any Section of
this Part may result in a fine, civil penalty and suspension, revocation or
refusal to issue a license or certification for both the portable sanitation
business and the certified portable sanitation technician or portable
sanitation technician trainee.