(b) No non-community water system may be constructed, altered, or extended
until plans, specifications, and other information relative to such system are
submitted to and reviewed by the Department for conformance with the rules
promulgated under this Section, and until a permit for such activity is issued
by the Department. As part of the permit application, all new non-transient,
non-community water
systems must
demonstrate technical, financial, and managerial capacity consistent with the
federal Safe
Drinking Water Act.
(c) All private and semi-private water systems shall be constructed in
accordance with the rules promulgated by the Department under this Section.
(d) The Department shall promulgate rules for the construction
and operation of all non-community and semi-private water systems. Such rules
shall include but need not be limited to: the establishment of maximum
contaminant levels no more stringent than federally established standards
where such standards exist; the maintenance of records; the establishment
of requirements for
the submission and frequency of submission of water samples by suppliers of
water to determine the water quality; and the capacity
demonstration requirements
to ensure compliance with technical, financial, and managerial capacity
provisions of the federal Safe Drinking Water Act.
(e) Borings, water monitoring wells, and wells subject to this Act
shall, at a minimum, be abandoned and plugged in accordance with the
requirements of Sections 16 and 19 of the Illinois Oil and Gas Act, and such
rules as are promulgated thereunder. Nothing herein shall preclude the
Department from adopting plugging and abandonment requirements which are more
stringent than the rules of the Department of Natural Resources where necessary
to protect the public health.
(f) The Department shall inspect all non-community water systems
for the purpose of determining compliance with the provisions of this
Section and the regulations promulgated hereunder.
(g) The Department may inspect semi-private and private water systems for
the purpose of determining compliance with the provisions of this Section and
the regulations promulgated hereunder.
(h) The supplier of water shall be given written notice of all
violations of this Section or the rules promulgated hereunder and all such
violations shall be corrected in a manner and time specified by the Department.
(i) The Department may conduct inspections to investigate the construction
or water quality of non-community or semi-private water systems, or the
construction of private water systems. Upon request of the owner or user, the
Department may also conduct investigations of the water quality of private
water systems.
(j) The supplier of water for a private, semi-private, or
non-community water system shall allow the Department and its authorized
agents access to such premises at all reasonable times for the purpose of
inspection.
(k) The Department may designate full-time county or multiple-county health
departments as its agents to facilitate the implementation of this Section.
(l) The Department shall promulgate and publish rules necessary
for the enforcement of this Section.
(m) Whenever a non-community or semi-private water system fails
to comply with an applicable maximum contaminant level at the point of use,
the supplier of water shall give public notification by the conspicuous posting
of notice of such failure as long as the failure continues. The notice shall
be written in a manner reasonably designed to fully inform users of the system
that a drinking water regulation has been violated, and shall disclose all
material facts.
All non-transient, non-community water systems must demonstrate technical,
financial, and
managerial capacity consistent with the federal Safe Drinking Water Act.
(n) 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 Section, except that in case of
conflict between the Illinois Administrative Procedure Act and this Section the
provisions of this Section shall control; and except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rulemaking
shall 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.
(o) All final administrative decisions of the Department issued pursuant to
this Section shall be subject to judicial review pursuant to the provisions of
the Administrative Review Law and the rules adopted pursuant thereto. The term
"administrative decision" is defined as in Section 3-101 of the Code of Civil
Procedure.
(p) The Director, after notice and opportunity for hearing to
the applicant, may deny, suspend, or revoke a permit in any case in which
he or she finds that there has been a substantial failure to comply with
the provisions of this Section or the standards, rules and regulations
established by virtue thereof.
Such notice shall be effected by certified mail or by personal service
setting forth the particular reasons for the proposed action and fixing a
date, not less than 15 days from the date of such mailing or service, at
which time the applicant shall be given an opportunity to request hearing.
The hearing shall be conducted by the Director or by an individual
designated in writing by the Director as Hearing Officer to conduct the
hearing. On the basis of any such hearing, or upon default of the
applicant, the Director shall make a determination specifying his or her
findings and conclusions. A copy of such determination shall be sent by
certified mail or served personally upon the applicant.
(q) The procedure governing hearings authorized by this Section shall be in
accordance with rules promulgated by the Department. A full and complete
record shall be kept of all proceedings, including the notice of hearing,
complaint and all other documents in the nature of pleadings, written
motions filed in the proceedings, and the report and orders of the Director
and Hearing Officer. All testimony shall be reported but need not be
transcribed unless review of the decision is sought pursuant to the
Administrative Review Law. Copies of the transcript may be
obtained by any interested party on payment of the cost of preparing such
copies. The Director or Hearing Officer shall, upon his or her own
motion or on the written request of any party to the proceeding,
issue subpoenas requiring the attendance and the giving of testimony by
witnesses, and subpoenas duces tecum requiring the production of books,
papers, records or memoranda. All subpoenas and subpoenas duces tecum
issued under the terms of this Section may be served by any person of legal
age. The fees of witnesses for attendance and travel shall be the same as
the fees of witnesses before the circuit courts of this State, such fees to
be paid when the witness is excused from further attendance. When the
witness is subpoenaed at the instance of the Director or Hearing Officer,
such fees shall be paid in the same manner as other expenses of the
Department, and when the witness is subpoenaed at the instance of any other
party to any such proceeding, the Department may require that the cost of
service of the subpoena or subpoena duces tecum and the fee of the witness
be borne by the party at whose instance the witness is summoned. In such
case, the Department, in its discretion, may require a deposit to cover the
cost of such service and witness fees. A subpoena or subpoena duces tecum
so issued shall be served in the same manner as a subpoena issued by a
circuit court.
(r) Any circuit court of this State, upon the application of the Director or
upon the application of any other party to the proceeding, may, in its
discretion, compel the attendance of witnesses, the production of books,
papers, records or memoranda and the giving of testimony before the
Director or Hearing Officer conducting an investigation or holding a
hearing authorized by this Section, by an attachment for contempt or
otherwise, in the same manner as production of evidence may be compelled
before the court.
(s) The Director or Hearing Officer, or any party in an investigation or
hearing before the Department, may cause the depositions of witnesses
within the State to be taken in the manner prescribed by law for like
depositions in civil actions in courts of this State, and to that end
compel the attendance of witnesses and the production of books, papers,
records, or memoranda.
(t) Any person who violates this Section or any rule or
regulation adopted by the Department, or who violates any determination or
order of the Department under this Section, 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. The State's Attorney of the
county in which the violation occurs, or the Attorney General of the State
of Illinois, may bring such actions in the name of the People of the State
of Illinois; or may in addition to other remedies provided in this Section,
bring action for an injunction to restrain such violation, or to enjoin the
operation of any establishment.
(u) The State of Illinois, and all of its agencies, institutions, offices
and subdivisions shall comply with all requirements, prohibitions and other
provisions of this Section and regulations adopted thereunder.
(v) No agency of the State shall authorize, permit or license the
construction or operation of any potential route, potential primary source,
or potential secondary source, as those terms are defined in the Environmental
Protection Act, in violation of any provision of this Section or the
regulations adopted hereunder.
(w) This Section shall not apply to any water supply which is connected
to a community water supply which is regulated under the Environmental
Protection Act, except as provided in Section 9.1.
(Source: P.A. 92-369, eff. 8-15-01; 92-652, eff. 7-11-02.)
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