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Public Act 096-1366


 

Public Act 1366 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1366
 
SB3070 EnrolledLRB096 17183 JDS 32522 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Protection Act is amended by
adding Section 17.10 as follows:
 
    (415 ILCS 5/17.10 new)
    Sec. 17.10. Carcinogenic volatile organic compounds in
community water systems.
    (a) (1) Findings. The General Assembly finds that
    carcinogenic volatile organic compounds have been detected
    in a number of community water systems in this State. The
    General Assembly further finds that it is in the best
    interest of the people of the State of Illinois to require
    owners and operators of community water systems to remove
    carcinogenic volatile organic compounds from finished
    water before their maximum contaminant levels are
    exceeded.
        (2) Purpose. The purpose of this Section is to prevent
    carcinogenic volatile organic compounds from exceeding
    their maximum contaminant levels in the finished water of
    community water systems by requiring owners and operators
    of community water systems to take appropriate action when
    carcinogenic volatile organic compounds are detected in
    finished water.
    (b) For purposes of this Section:
        (1) "Carcinogen" means carcinogen as defined in
    Section 58.2 of this Act.
        (2) "Community water system", "finished water",
    "maximum contaminant level", "method detection limit", and
    "volatile organic compound" shall have the meanings
    ascribed to them in rules adopted by the Board at Part 611
    of Title 35 of the Illinois Administrative Code.
    (c) If a carcinogenic volatile organic compound is detected
in the finished water of a community water system at a
concentration that equals or exceeds 50 percent of the
carcinogenic volatile organic compound's maximum contaminant
level and the Agency issues a notice under subdivision
(a)(2)(B) of Section 25d-3 of this Act based on the presence of
the carcinogenic volatile organic compound, the owner or
operator of the community water system shall, within 45 days
after the date the Agency issues the notice under subdivision
(a)(2)(B) of Section 25d-3 of this Act, submit to the Agency a
response plan designed to (i) prevent an exceedence of the
maximum contaminant level in the finished water and (ii) reduce
the concentration of the carcinogenic volatile organic
compound so that it does not exceed the applicable method
detection limit in the finished water. The response plan shall
also include periodic sampling designed to measure and verify
the effectiveness of the response plan.
        (1) Upon Agency approval of the plan, with or without
    modifications, the owner or operator of the community water
    system shall implement the plan. In approving, modifying,
    or denying a plan required under this Section, the Agency
    shall take into account the technical feasibility and
    economic reasonableness of the plan and any modification to
    the plan. The owner or operator shall submit status reports
    on the plan's implementation in accordance with a schedule
    approved by the Agency. Upon completion of the plan the
    owner or operator shall submit to the Agency for review and
    approval a response completion report.
        (2) Any action by the Agency to disapprove or modify a
    plan or report required under this Section shall be subject
    to appeal to the Board in accordance with the procedures of
    Section 40 of this Act.
    (d)(1) No person required to submit a response plan under
subsection (c) of this Section shall fail to submit the plan in
accordance with the requirements of subsection (c).
        (2) No person required to implement a response plan
    under subdivision (c)(1) of this Section shall fail to
    implement the plan in accordance with the requirements of
    subdivision (c)(1).
        (3) No person required to submit a status report or a
    response completion report under subdivision(c)(1) of this
    Section shall fail to submit the report in accordance with
    the requirements of subdivision (c)(1).
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/28/2010