Illinois General Assembly - Full Text of HB4699
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Full Text of HB4699  98th General Assembly

HB4699 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4699

 

Introduced , by Rep. Michael W. Tryon

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 45/1  from Ch. 111 1/2, par. 501
415 ILCS 45/1.1 new
415 ILCS 45/4  from Ch. 111 1/2, par. 504
415 ILCS 45/9  from Ch. 111 1/2, par. 509
415 ILCS 45/9.4 new
415 ILCS 45/9.5 new
415 ILCS 45/9.6 new
415 ILCS 45/10  from Ch. 111 1/2, par. 510
415 ILCS 45/11  from Ch. 111 1/2, par. 511
415 ILCS 45/12  from Ch. 111 1/2, par. 512
415 ILCS 45/13  from Ch. 111 1/2, par. 513
415 ILCS 45/19  from Ch. 111 1/2, par. 519
415 ILCS 45/20  from Ch. 111 1/2, par. 520
415 ILCS 45/23.1 new

    Amends the Public Water Supply Operations Act. Provides that every community water supply in Illinois, with specified exemptions, shall have on its operational staff, and shall designate to the Agency in writing, either (i) one Responsible Operator in Charge who directly supervises both the treatment and distribution facilities of the community water supply or (ii) one Responsible Operator in Charge who directly supervises the treatment facilities of the community water supply and one Responsible Operator in Charge who directly supervises the distribution facilities of the community water supply. Defines "Responsible Operator in Charge". Establishes duties of Responsible Operators in Charge. Provides that a violation of the Act by a Responsible Operators in Charge shall be enforceable by administrative citation. Changes certain references from "natural person" and "person" to "individual". Defines "official custodian" and "person". Provides that the Agency may investigate violations of the Act or any rule adopted under the Act. Effective immediately.


LRB098 19599 MGM 54792 b

 

 

A BILL FOR

 

HB4699LRB098 19599 MGM 54792 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Water Supply Operations Act is
5amended by changing Sections 1, 4, 9, 10, 11, 12, 13, 19, and
620 and by adding Sections 1.1, 9.4, 9.5, 9.6, and 23.1 as
7follows:
 
8    (415 ILCS 45/1)  (from Ch. 111 1/2, par. 501)
9    Sec. 1. (1) In order to safeguard the health and well-being
10well being of the populace, every community water supply in
11Illinois, other than an exempt community water supply as
12specified in Section 9.1, shall have on its operational staff,
13and shall designate to the Agency in writing, either (i) one
14Responsible Operator in Charge who directly supervises both the
15treatment and distribution facilities of the community water
16supply or (ii) one Responsible Operator in Charge who directly
17supervises the treatment facilities of the community water
18supply and one Responsible Operator in Charge who directly
19supervises the distribution facilities of the community water
20supply at least one natural person certified as competent as a
21water supply operator under the provisions of this Act.
22    Except for exempt community water supplies as specified in
23Section 9.1 of this Act, all portions of a community water

 

 

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1supply system shall be under the direct supervision of a
2Responsible Operator in Charge properly certified community
3water supply operator.
4    (2) The following class requirements apply:
5        (a) Each community water supply which includes
6    coagulation, lime softening, or sedimentation as a part of
7    its primary treatment shall have in its employ at least one
8    individual natural person certified as competent as a Class
9    A community water supply operator. This includes all
10    surface water community water supplies.
11        (b) Each community water supply which includes
12    filtration, aeration and filtration, or ion exchange
13    equipment as a part of its primary treatment shall have in
14    its employ at least one individual natural person certified
15    as competent as a Class B or Class A community water supply
16    operator.
17        (c) Each community water supply which utilizes
18    chemical feeding only shall have in its employ at least one
19    individual natural person certified as competent as a Class
20    C, Class B, or Class A community water supply operator.
21        (d) Each community water supply in which the facilities
22    are limited to pumpage, storage, or distribution shall have
23    in its employ at least one individual natural person
24    certified as competent as a Class D, Class C, Class B, or
25    Class A community water supply operator.
26    A community water supply that cannot be clearly grouped

 

 

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1according to this Section will be considered individually and
2designated within one of the above groups by the Agency. This
3determination will be based on the nature of the community
4water supply and on the education and experience necessary to
5operate it.
6    (3) A community water supply may satisfy the requirements
7of this Section by contracting the services of an individual
8who is a properly qualified certified operator of the required
9class or higher, as specified in subsection (2), and will
10directly supervise the operation of the community water supply.
11That individual shall serve as the Responsible Operator in
12Charge of the community water supply. A written agreement to
13this effect must be on file with the Agency certifying that
14such an agreement exists, and delegating responsibility and
15authority to the contracted party. This written agreement shall
16be signed by both the certified operator to be contracted and
17the responsible community water supply owner or official
18custodian and must be approved in writing by the Agency.
19(Source: P.A. 91-84, eff. 7-9-99; 91-357, eff. 7-29-99; 92-16,
20eff. 6-28-01.)
 
21    (415 ILCS 45/1.1 new)
22    Sec. 1.1. Duties of Responsible Operators in Charge.
23    (a) Each individual who is a Responsible Operator in Charge
24for a community water supply is jointly liable with the owner
25of the community water supply for the proper operation of the

 

 

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1portions of the community water supply over which he or she has
2been designated as the Responsible Operator in Charge.
3    (b) Each individual who is a Responsible Operator in Charge
4for a community water supply shall:
5        (1) hold a certificate of the class required for the
6    operation of the portions of the community water supply
7    over which he or she has been designated as the Responsible
8    Operator in Charge;
9        (2) directly supervise the operation of the portions of
10    the community water supply over which he or she has been
11    designated as the Responsible Operator in Charge; and
12        (3) submit, in accordance with Board rules, consumer
13    confidence reports, monthly operating reports, and
14    drinking water compliance monitoring results, such as
15    corrosion control reports and monitoring results.
 
16    (415 ILCS 45/4)  (from Ch. 111 1/2, par. 504)
17    Sec. 4.
18    "Water Supply Operator" means any individual natural
19person trained in the treatment or distribution of water who
20has practical working knowledge of the chemical, biological,
21and physical sciences essential to the practical mechanics of
22water treatment or distribution and who is capable of
23conducting and maintaining the water treatment or distribution
24processes in a manner which will provide safe, potable water
25for human consumption.

 

 

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1(Source: P.A. 78-810.)
 
2    (415 ILCS 45/9)  (from Ch. 111 1/2, par. 509)
3    Sec. 9. "Owner or Official Custodian" means any person who
4owns, leases, controls, or supervises a community water supply.
5(Source: P.A. 91-84, eff. 7-9-99.)
 
6    (415 ILCS 45/9.4 new)
7    Sec. 9.4. Official custodian. "Official custodian" means
8an individual who is an officer of an entity that is the owner
9of a community water supply and acts as the owner's agent in
10matters concerning the community water supply.
 
11    (415 ILCS 45/9.5 new)
12    Sec. 9.5. Person. "Person" means any individual,
13partnership, co-partnership, firm, company, limited liability
14company, corporation, association, joint stock company, trust,
15estate, political subdivision, state agency, or any other legal
16entity, or their legal representative, agent, or assigns.
 
17    (415 ILCS 45/9.6 new)
18    Sec. 9.6. Responsible Operator in Charge. "Responsible
19Operator in Charge" means an individual who is designated as a
20Responsible Operator in Charge of a community water supply
21under Section 1 of this Act.
 

 

 

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1    (415 ILCS 45/10)  (from Ch. 111 1/2, par. 510)
2    Sec. 10. The Agency shall exercise the following functions,
3powers, and duties with respect to community water supply
4operator certification:
5    (a) The Agency shall conduct examinations to ascertain the
6qualifications of applicants for certificates of competency as
7community water supply operators, and pass upon the
8qualifications of applicants for reciprocal certificates.
9    (b) The Agency shall determine the qualifications of each
10applicant on the basis of written examinations, and upon a
11review of the requirements stated in Sections 13 and 14 of this
12Act.
13    (c) (Blank).
14    (d) The Agency may suspend, revoke, or refuse to issue any
15certificate of competency for any one or any combination of the
16following causes:
17        (1) the practice of any fraud or deceit in obtaining or
18    attempting to obtain, renew, or restore a certificate of
19    competency;
20        (2) any gross negligence, incompetency, misconduct, or
21    falsification of reports in the operation of a water
22    supply;
23        (3) being declared to be an individual a person under
24    legal disability by a court of competent jurisdiction and
25    not thereafter having been lawfully declared to be an
26    individual a person not under legal disability or to have

 

 

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1    recovered; or
2        (4) failure to comply with any of the Rules pertaining
3    to the operation of a water supply.
4    (e) The Agency shall issue a Certificate to any applicant
5who has satisfactorily met all the requirements of the Act
6pertaining to a certificate of competency as a water supply
7operator.
8    (f) The Agency shall notify every certified community water
9supply operator at the last address specified by the operator
10to the Agency, and at least one month in advance of the
11expiration of the certificate, of the date of expiration of the
12certificate and the amount of fee required for its renewal for
133 years.
14    (g) The Agency shall, upon its own motion, or upon a
15written complaint, investigate the action of any individual
16person holding or claiming to hold a certificate, and take
17appropriate action.
18    (h) The Agency is authorized to adopt reasonable and
19necessary rules to set forth procedures and criteria for the
20administration of this Act.
21    (i) The Agency may investigate violations of this Act or
22any rule adopted under this Act.
23    (j) The Agency may issue administrative citations as
24provided in Section 23.1 of this Act.
25(Source: P.A. 91-84, eff. 7-9-99; 92-16, eff. 6-28-01.)
 

 

 

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1    (415 ILCS 45/11)  (from Ch. 111 1/2, par. 511)
2    Sec. 11. "Advisory Board" means the community water supply
3operator's advisory board to assist in the formulation of and
4to review the policies and program of the Agency as developed
5under authority of this Act, and to make recommendations and to
6provide the Agency with such technical advice and assistance as
7may be requested.
8    The Advisory Board shall consist of the Director and 5
9other members to be appointed by the Governor one of whom shall
10be the chief executive officer of a municipality operating its
11own municipal water plant. The 5 appointed members shall be
12individuals persons having an active interest and with wide
13background in water supply management and operation from a
14practical and technical standpoint.
15    The 5 appointed members of the Advisory Board serving at
16the effective date of this Act shall continue in the same
17capacity until their previously designated term expires. On the
18expiration of the term of any member the Governor shall appoint
19for a term of 5 years an individual a person having the
20qualifications hereinabove specified to take the place of the
21member whose term has expired, and who shall hold office until
22the expiration of the term and until a successor has been
23appointed and qualified.
24    The Director of the Agency or an authorized representative
25shall serve as secretary of the Advisory Board without any
26additional compensation. The Director or an authorized

 

 

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1representative shall attend all meetings of the Advisory Board,
2keep minutes, and take part in its discussion, but shall not be
3entitled to vote.
4    The Advisory Board shall select one of its members to serve
5as Chairman at the first regular meeting in each calendar year.
6    The Advisory Board shall meet annually and at such
7intervals as may be necessary to transact business which may
8come before it upon call of the Agency, the Chairman of the
9Advisory Board, or any 3 of its members. Any 3 members shall
10constitute a quorum.
11    The Secretary shall see that accurate minutes are kept of
12all duly constituted meetings of the Advisory Board.
13    Members of the Advisory Board shall serve without
14compensation, but shall be reimbursed for expenses incurred
15while traveling and performing duties under this Act. Such
16expenses shall be paid from funds of the Agency appropriated
17therefor.
18    The Advisory Board shall have the authority to review
19contested Agency reciprocity determinations. The Advisory
20Board must provide applicants who are denied reciprocity with
21an opportunity to appear before the Board. The Advisory Board
22shall review the decision to deny reciprocity and must provide
23a recommendation to the Agency.
24(Source: P.A. 91-84, eff. 7-9-99.)
 
25    (415 ILCS 45/12)  (from Ch. 111 1/2, par. 512)

 

 

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1    Sec. 12. (a) The Pollution Control Board shall, upon the
2sworn written request of the applicant or certificate holder,
3conduct hearings or proceedings for the Agency's refusal to
4issue, suspension, revocation, or denied renewal of
5certificates of individuals persons applying for or holding
6certification under the provisions of this Act.
7    (b) Hearings shall be conducted under Rules and Regulations
8adopted by the Pollution Control Board outlining the procedures
9to be followed in conducting a hearing.
10(Source: P.A. 91-84, eff. 7-9-99.)
 
11    (415 ILCS 45/13)  (from Ch. 111 1/2, par. 513)
12    Sec. 13. Community Water Supply Operators shall be
13certified in accordance with the following classifications:
14    (a) A "Class A" Water Supply Operator Certificate shall be
15issued to those individuals persons who, in accordance with the
16provisions of Sections 1 through 23 of this Act, demonstrate
17the necessary skills, knowledge, ability, and judgment of the
18chemical, biological, and physical sciences essential to the
19practical mechanics of coagulation, lime softening, and
20sedimentation, and distribution in a manner which will provide
21safe, potable water for human consumption. This includes all
22surface water community water supplies. The operators will also
23demonstrate the necessary skills, knowledge, ability, and
24judgment of the treatment processes outlined in Sections 13
25(b), 13 (c), and 13 (d) of this Act.

 

 

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1    (b) A "Class B" Water Supply Operator Certificate shall be
2issued to those individuals persons who, in accordance with the
3provisions of Section 1 through 23 of this Act, demonstrate the
4necessary skills, knowledge, ability, and judgment of the
5chemical, biological, and physical sciences essential to the
6practical mechanics of filtration, aeration and filtration,
7and ion exchange systems, and distribution in a manner which
8will provide safe, potable water for human consumption. The
9operators will also demonstrate the necessary skills,
10knowledge, ability, and judgment of the treatment processes
11outlined in Sections 13 (c) and 13 (d) of this Act.
12    (c) A "Class C" Water Supply Operator Certificate shall be
13issued to those individuals persons who, in accordance with the
14provisions of Sections 1 through 23 of this Act, demonstrate
15the necessary skills, knowledge, ability, and judgment of the
16chemical, biological, and physical sciences essential to the
17practical mechanics of chemical feeding and disinfection and
18distribution in a manner which will provide safe, potable water
19for human consumption. The operators will also demonstrate the
20necessary skills, knowledge, ability, and judgment of the
21treatment processes outlined in Section 13 (d) of this Act.
22    (d) A "Class D" Water Supply Operator Certificate shall be
23issued to those individuals persons who, in accordance with the
24provisions of Sections 1 through 23 of this Act, demonstrate
25the necessary skills, knowledge, ability, and judgment of the
26chemical, biological, and physical sciences essential to the

 

 

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1practical mechanics of pumpage, storage, and distribution in a
2manner which will provide safe, potable water for human
3consumption.
4(Source: P.A. 91-84, eff. 7-9-99.)
 
5    (415 ILCS 45/19)  (from Ch. 111 1/2, par. 519)
6    Sec. 19.
7    (a) The registered individual person in responsible charge
8of a previously exempt community water supply on the effective
9date of this amendatory Act of the 91st General Assembly may be
10issued a certificate of competency, with no fee required, after
11the effective date of this amendatory Act of the 91st General
12Assembly for the community water supply for which the
13individual is registered. The community water supply owner must
14make application for grandparenting of the operator in
15responsible charge within 2 years of the effective date of this
16amendatory Act of the 91st General Assembly. This certificate
17is non-transferable, site specific, and is not valid if the
18water system is reclassified to a higher level.
19    (b) Each individual who is issued a certificate of
20competency under Section 19(a) of this Act may renew the
21certificate every 3 years in accordance with the renewal
22requirements of Sections 18 and 22 of this Act.
23(Source: P.A. 91-84, eff. 7-9-99.)
 
24    (415 ILCS 45/20)  (from Ch. 111 1/2, par. 520)

 

 

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1    Sec. 20. The Agency shall, upon application and payment of
2the proper fee, issue a certificate of competency to any
3individual person who holds an unexpired certificate of
4competency issued by any state or territory or possession of
5the United States or of any country, if:
6    (a) the requirements for the certificate of competency
7under which the certificate of competency was issued do not
8conflict with and are substantially equal to those specified by
9Sections 1 through 23 of this Act; and
10    (b) the particular state or territory or possession of the
11United States or country extends similar privileges to persons
12certified under Sections 1 through 23 of this Act.
13(Source: P.A. 91-84, eff. 7-9-99.)
 
14    (415 ILCS 45/23.1 new)
15    Sec. 23.1. Administrative citations.
16    (a) Violations of the requirement set forth in paragraph
17(3) of subsection (b) of Section 1.1 of this Act shall be
18enforceable by administrative citation under this Section or as
19otherwise provided in this Act.
20    (b) If Agency personnel discover that a Responsible
21Operator in Charge has violated paragraph (3) of subsection (b)
22of Section 1.1 of this Act, the Agency may issue and serve, in
23person or by certified mail, an administrative citation upon
24that individual within not more than 90 days after the date of
25the discovery of the violation. Each citation issued under this

 

 

HB4699- 14 -LRB098 19599 MGM 54792 b

1subsection (b) shall be served upon the individual named in the
2citation or that individual's authorized agent for service of
3process, and shall include the following information:
4        (1) a statement specifying the report or result that
5    the Responsible Operator in Charge failed to submit in
6    accordance with Board rules and a citation to the Board
7    rules that were violated;
8        (2) a copy of any report in which the Agency recorded
9    the violation;
10        (3) the penalty imposed by subsection (f) of this
11    Section for the violation;
12        (4) instructions for contesting the administrative
13    citation findings pursuant to this Section, including
14    notification that the individual has 35 days within which
15    to file a petition for review before the Illinois Pollution
16    Control Board to contest the administrative citation; and
17        (5) an affidavit by the personnel recording the
18    violation.
19    (c) No later than 15 days after the date of service, the
20Agency shall file a copy of each administrative citation served
21under subsection (b) of this Section with the Illinois
22Pollution Control Board, which is hereby authorized to conduct
23proceedings upon administrative citations issued pursuant to
24this Section.
25    (d) If the individual named in the administrative citation
26fails to petition the Illinois Pollution Control Board for

 

 

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1review within 35 days after the date of service of the
2citation, the Illinois Pollution Control Board shall adopt a
3final order, which shall include the administrative citation
4and findings of violation as alleged in the citation, and shall
5impose the penalty specified in subsection (f) of this Section.
6    If a petition for review is filed before the Illinois
7Pollution Control Board to contest an administrative citation
8issued under subsection (b) of this Section, the Agency shall
9appear as a complainant at a hearing before the Illinois
10Pollution Control Board to be conducted in accordance with the
11requirements of Section 32 of the Environmental Protection Act
12at a time not less than 21 days after notice of the hearing has
13been sent by the Illinois Pollution Control Board to the Agency
14and the individual named in the citation. In these hearings,
15the burden of proof shall be on the Agency. If, based on the
16record, the Illinois Pollution Control Board finds that the
17alleged violation occurred, it shall adopt a final order, which
18shall include the administrative citation and findings of
19violation as alleged in the citation, and shall impose the
20penalty specified in subsection (f) of this Section. However,
21if the Illinois Pollution Control Board finds that the
22individual appealing the citation has shown that the violation
23resulted from uncontrollable circumstances, the Illinois
24Pollution Control Board shall adopt a final order that makes no
25finding of violation and imposes no penalty.
26    (e) Sections 10-25 through 10-60 of the Illinois

 

 

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1Administrative Procedure Act shall not apply to any
2administrative citation issued under subsection (b) of this
3Section.
4    (f) In an administrative citation action under this
5Section, any Responsible Operator in Charge who is found to
6have violated paragraph (3) of subsection (b) of Section 1.1 of
7this Act shall pay a civil penalty of $500 for each violation
8of that provision, plus any hearing costs incurred by the Board
9and the Agency, except that the civil penalty amount shall be
10$1,500 for each violation of paragraph (3) of subsection (b) of
11Section 1.1 of this Act that is the individual's second or
12subsequent adjudicated violation of that provision. The
13penalties assessed under this Section shall be deposited into
14the Environmental Protection Trust Fund, to be used in
15accordance with the provisions of the Environmental Protection
16Trust Fund Act.
17    (g) All final orders issued and entered by the Illinois
18Pollution Control Board pursuant to this Section shall be
19enforceable by injunction, mandamus, or other appropriate
20remedy, as is provided for other orders of the Illinois
21Pollution Control Board under Section 42 of the Environmental
22Protection Act.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.