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Public Act 91-0084
HB2636 Enrolled LRB9102843LDmbA
AN ACT to amend the Public Water Supply Operations Act.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Water Supply Operations Act is
amended by changing Sections 1, 9, 9.1, 10, 11, 12, 13, 14,
16, 17, 18, 19, 20, and 22 and adding Section 9.3 as follows:
(415 ILCS 45/1) (from Ch. 111 1/2, par. 501)
Sec. 1. In order to safeguard the health and well being
of the populace, every community public water supply in
Illinois shall have on its operational staff at least one
natural person certified as competent as a water supply
operator under the provisions of this Act.
Except for exempt community public water supplies as
specified in Section 9.1 of this Act, all portions of a
community public water supply system shall be under the
direct supervision of a properly certified community water
supply operator.
(a) Each community public water supply which
includes coagulation, lime softening, or sedimentation as
a part of its primary treatment shall have in its employ
at least one natural person certified as competent as a
Class A community water supply operator. This includes
all surface water community water supplies.
(b) Each non-exempt community public water supply
which includes filtration, aeration and filtration, or
ion exchange equipment as a part of its primary treatment
shall have in its employ at least one natural person
certified as competent as a Class B or Class A community
water supply operator.
(c) Each non-exempt community public water supply
which utilizes chemical feeding only shall have in its
employ at least one natural person certified as competent
as a Class C, Class B, or Class A community water supply
operator.
(d) Each Those non-exempt community public water
supply supplies in which the facilities are limited to
pumpage, storage, or distribution shall have in its their
employ at least one natural person certified as competent
as a Class D, Class C, Class B, or Class A community
water supply operator.
(e) A community water supply that cannot be clearly
grouped according to this Section will be considered
individually and designated within one of the above
groups by the Agency. This determination will be based
on the nature of the community water supply and on the
education and experience necessary to operate it.
A community public water supply may satisfy the
requirements of this Section 1 of this Act by contracting the
services of a properly qualified certified operator of the
required class or higher, as specified in this Section 1 of
this Act. A written agreement contract to this effect must be
on file with the Agency certifying that such an agreement
exists, and delegating responsibility and authority to the
contracted party. This written agreement shall be signed by
both the certified operator to be contracted and the
responsible community water supply owner or official
custodian owners and operators, shall be duly notarized, and
must be approved in writing by the Agency.
(Source: P.A. 82-393; revised 10-31-98.)
(415 ILCS 45/9) (from Ch. 111 1/2, par. 509)
Sec. 9. "Owner or Official Custodian Operator" means any
person who owns, leases, controls, or supervises a community
public water supply.
(Source: P.A. 78-810.)
(415 ILCS 45/9.1) (from Ch. 111 1/2, par. 509.1)
Sec. 9.1. "Exempt Community Public Water Supply" means
any community public water supply which meets all of the
following requirements: of (1), (2), (3) or (4) below.
(1) consists only of distribution and storage facilities
and does not have any collection and treatment facilities; A
state-owned or operated community public water supply which
includes only a service connection from a non-exempt public
water supply to a single building or drinking fountains.
Individual state-owned or operated buildings, each part of a
single state institution, but each with its own service
connection to a non-exempt community water supply main, with
no other water supply connections between buildings, shall
qualify under this paragraph.
(2) obtains all of its water from, but is not owned or
operated by, a community water supply that is required to
employ a Class A, Class B, Class C, or Class D community
water supply operator; A state-owned or operated public water
supply which serves only one state-owned facility which is
used as a single family residence.
(3) does not sell water to any person; and A public
water supply which meets all of the following conditions:
(a) Consists only of distribution and storage
facilities and does not have any collection and treatment
facilities;
(b) Obtains all of its water from, but is not owned
or operated by a public water supply to which such
regulations apply;
(c) Does not sell water to any person; and
(d) Is not an interstate carrier watering point.
(4) is not a carrier that conveys passengers in
interstate commerce. A community public water supply which
meets all of the following conditions:
(a) Pumps not more than 100 gallons of water per
capita per day, averaged annually;
(b) Has no more than three miles of distribution
piping for delivery of water to consumers;
(c) Has as its only source of raw water one or more
property constructed wells into confined geologic
formations not subject to contamination;
(d) Has no history of persistent or recurring
contamination, as indicated by sampling results which
show violations of finished water quality requirements,
for the most recent five-year period;
(e) Does not have any treatment other than
hypochlorination and fluoridation, except that
domestic-type equipment such as ion exchange softeners
and iron removal filters, properly installed and
maintained by a qualified service organization, may be
used;
(f) Has an active program approved by the Agency to
educate water supply consumers on preventing the entry of
contaminants into the water system.
(Source: P.A. 82-393.)
(415 ILCS 45/9.3 new)
Sec. 9.3. Grandparenting means the exemption for the
existing operator in responsible charge, as of the effective
date of this amendatory Act of the 91st General Assembly,
from meeting the initial education and examination
requirements for the class of certification the community
water supply has been assigned.
(415 ILCS 45/10) (from Ch. 111 1/2, par. 510)
Sec. 10. The Agency shall exercise the following
functions, powers, and duties with respect to community water
supply operator certification:
(a) Conduct examinations to ascertain the qualifications
of applicants for certificates of competency as community
water supply operators, and pass upon the qualifications of
applicants for reciprocal certificates;
(b) Determine the qualifications of each applicant on
the basis of written examinations, and upon a review of the
requirements stated in Sections 13 and 14 of this Act;
(c) (Blank); May exempt those State-owned public water
supplies meeting the requirements listed in Sec. 6 of this
Act;
(d) May suspend, revoke, or refuse to issue any
certificate of competency for any one or any combination of
the following causes:
1) The practice of any fraud or deceit in obtaining
or attempting to obtain, renew, or restore a certificate
of competency;
2) Any gross negligence, incompetency, or
misconduct, or falsification of reports in the operation
of a water supply;
3) Being declared to be a person under legal
disability by a court of competent jurisdiction and not
thereafter having been lawfully declared to be a person
not under legal disability or to have recovered; or
4) Failure to comply with any of the Rules
pertaining to the operation of a water supply;
(e) Shall issue a Certificate to any applicant who has
satisfactorily met all the requirements of the Act pertaining
to a certificate of competency as a water supply operator;
(f) Shall notify every certified community water supply
operator and every registrant at the last address last
theretofore specified by the operator in his last
notification to the Agency, and at least one month in advance
of the expiration of the certificate or registration, of the
date of expiration of the his certificate or registration and
the amount of fee required for its renewal for 3 years; and
(g) Shall May, upon its own motion, or and shall, upon a
the sworn written complaint in writing of any persons setting
forth charges which if proved would constitute grounds for
refusal, suspension, or revocation of a certificate or
registration as hereinabove set forth, investigate the action
of any person holding or claiming to hold a certificate or
registration, and take appropriate action.
(h) The Agency is authorized to adopt reasonable and
necessary rules to set forth procedures and criteria for the
administration of this Act.
(Source: P.A. 83-706.)
(415 ILCS 45/11) (from Ch. 111 1/2, par. 511)
Sec. 11. "Advisory Board" means the community water
supply operator's advisory board to assist in the formulation
of and to review the policies and program of the Agency as
developed under authority of this Act, and to make
recommendations thereon and to provide the Agency with such
technical advice and assistance as may be requested.
The Advisory Board shall consist of the Director and 5
other members to be appointed by the Governor one of whom
shall be the chief executive officer of a municipality
operating its own municipal water plant. The 5 five appointed
members shall be persons having an active interest and with
wide background in water supply management and operation from
a practical and technical standpoint.
The 5 appointed four appointive members of the Advisory
Board serving at the effective date of this Act shall
continue in the same capacity until their previously
designated term expires. At the effective date of this Act,
the Governor shall appoint a fifth Advisory Board Member to
serve until September 1, 1977. On the expiration of the term
of any member the Governor shall appoint for a term of 5
years a person having the qualifications hereinabove
specified to take the place of the member whose term has
expired, and who shall hold office until the expiration of
the term for which he is appointed and until a his successor
has been appointed and qualified.
The Director of the Agency or an authorized
representative shall serve as secretary and active
administrator of the Advisory Board without any additional
compensation. The Director He, or an his authorized
representative shall attend all meetings of the Advisory
Board, keep minutes, and take part in its discussion, but
shall not be entitled to vote.
The Advisory Board shall select, at its first meeting,
one of its members to serve as Chairman, and at the first
regular meeting in each calendar year thereafter the Chairman
for the ensuing year shall be selected.
The Advisory Board shall meet annually and at such
intervals as may be necessary to transact business which may
come before it upon call of the Agency, the Chairman of the
Advisory Board, or any 3 of its members. Any 3 members shall
constitute a quorum.
The Secretary shall see that accurate minutes are kept of
all duly constituted meetings of the Advisory Board.
Members of the Advisory Board shall serve without
compensation, but shall be reimbursed for expenses incurred
while traveling and performing duties under this Act. Such
expenses shall be paid from funds of the Agency appropriated
therefor.
The Advisory Board shall have the authority to review
contested Agency reciprocity determinations. The Advisory
Board must provide applicants who are denied reciprocity with
an opportunity to appear before the Board. The Advisory
Board shall review the decision to deny reciprocity and must
provide a recommendation to the Agency.
(Source: P.A. 78-810.)
(415 ILCS 45/12) (from Ch. 111 1/2, par. 512)
Sec. 12. (a) The Pollution Control Board shall, upon the
sworn written request of the applicant, registrant or
certificate holder, conduct hearings or proceedings for the
Agency's refusal to issue, suspension, revocation, or denied
renewal of certificates or registration of persons applying
for or holding certification or registration under the
provisions of this Act.
(b) Hearings shall be conducted under Rules and
Regulations adopted by the Pollution Control Board outlining
the procedures to be followed in conducting a hearing.
(Source: P.A. 82-393.)
(415 ILCS 45/13) (from Ch. 111 1/2, par. 513)
Sec. 13. Community Water Supply Operators shall be
certified in accordance with the following classifications:
(a) A "Class A" Water Supply Operator Certificate shall
be issued to those persons who, in accordance with the
provisions of Sections 1 through 23 of this Act, demonstrate
the necessary skills, knowledge, ability, and judgment a
practical working knowledge of the chemical, biological, and
physical sciences essential to the practical mechanics of
coagulation, lime softening, and sedimentation, and
distribution in a manner which will provide safe, potable
water for human consumption. This includes all surface water
community water supplies. The operators He will also
demonstrate the necessary skills, knowledge, ability, and
judgment of the treatment processes have fulfilled the
requirements as outlined in Sections 13 (b), 13 (c), and 13
(d) of this Act.
(b) A "Class B" Water Supply Operator Certificate shall
be issued to those persons who, in accordance with the
provisions of Section 1 through 23 of this Act, demonstrate
the necessary skills, knowledge, ability, and judgment a
practical working knowledge of the chemical, biological, and
physical sciences essential to the practical mechanics of
filtration, aeration and filtration, and ion exchange
systems, and distribution in a manner which will provide
safe, potable water for human consumption. The operators He
will also demonstrate the necessary skills, knowledge,
ability, and judgment of the treatment processes have
fulfilled the requirements as outlined in Sections 13 (c) and
13 (d) of this Act.
(c) A "Class C" Water Supply Operator Certificate shall
be issued to those persons who, in accordance with the
provisions of Sections 1 through 23 of this Act, demonstrate
the necessary skills, knowledge, ability, and judgment a
practical working knowledge of the chemical, biological, and
physical sciences essential to the practical mechanics of
chemical feeding and disinfection and distribution in a
manner which will provide safe, potable water for human
consumption. The operators He will also demonstrate the
necessary skills, knowledge, ability, and judgment of the
treatment processes have fulfilled the requirements as
outlined in Section 13 (d) of this Act.
(d) A "Class D" Water Supply Operator Certificate shall
be issued to those persons who, in accordance with the
provisions of Sections 1 through 23 of this Act, demonstrate
the necessary skills, knowledge, ability, and judgment a
practical working knowledge of the chemical, biological, and
physical sciences essential to the practical mechanics of
pumpage, storage, and distribution in a manner which will
provide safe, potable water for human consumption.
(Source: P.A. 78-810.)
(415 ILCS 45/14) (from Ch. 111 1/2, par. 514)
Sec. 14. Every community water supply operator certified
by the Agency shall be capable of performing his or her
duties without endangering the health and well being of the
populace; shall be able to read and write English; and shall
produce evidence acceptable to the Agency as to his or her
character and his or her ability to maintain and operate
properly the structures and equipment entrusted to the
operator's his care. In addition, water supply operators
shall be certified as Class "A", Class "B", Class "C", Class
"D" operators in accordance with classes based on the level
of competency determined by examination and in accordance
with educational and experience levels as follows:
(a) Class "A" and Class "B" Water Supply Operator
Certificates require: 1. graduation from high school or
equivalent and not less than 3 years of acceptable study,
training, and responsible experience in water supply
operation or management as described in Sections 13 and 14 of
this Act.
2. Grammar school completion or equivalent and not less
than 4 years of acceptable study, training, and responsible
experience in water supply operation or management as
described in Sections 13 and 14 of this Act.
(b) Class "C" Water Supply Operator Certificates require
Certificate: 1. graduation from high school or the
equivalent and not less than one year of acceptable study,
training, and responsible experience in water supply
operation or management as described in Sections 13 and 14 of
this Act.
2. Grammar school completion or equivalent and not less
than 2 years of acceptable study, training, and responsible
experience in water supply operation or management as
described in Sections 13 and 14 of this Act.
(c) Class "D" Water Supply Operator Certificates require
Certificate: 1. graduation from high school or equivalent
and not less than 6 months of acceptable study, training, and
responsible experience in water supply operation or
management as described in Sections 13 and 14 of this Act.
2. Grammar school completion or equivalent and not less
than one year of acceptable study, training, and responsible
experience in water supply operation or management as
described in Sections 13 and 14 of this Act.
(d) The requirement for graduation from high school or
the equivalent shall be waived for community water supply
operators certified prior to the effective date of this
amendatory Act of the 91st General Assembly and for community
water supply operators certified under Section 19(a) of this
Act.
(Source: P.A. 78-810.)
(415 ILCS 45/16) (from Ch. 111 1/2, par. 516)
Sec. 16. Applications for certification shall:
(a) Be on forms prescribed and furnished by the Agency;
(b) Contain statements made under oath showing
applicant's education and experience;
(c) Contain not less than 3 references; and
(d) Be accompanied by the proper fee as hereinafter
provided in Section 22 of this Act.
(Source: P.A. 78-810.)
(415 ILCS 45/17) (from Ch. 111 1/2, par. 517)
Sec. 17. Examinations provided for in Section 10 of this
Act shall be given to community water supply operator
certification applicants for the purpose of determining if
said applicants can demonstrate the necessary skills,
knowledge, ability, and judgment a practical working
knowledge of the sciences and mechanics of water supply
operation as outlined in Section 13 of this Act.
(a) Examinations shall be of separate classifications as
outlined in Section 13 of this Act.
(b) Examinations shall be conducted under Technical
Releases as provided by the Agency, and shall be held not
less frequently than annually, at times and places prescribed
by the Agency, of which applicants shall be notified by the
Agency in writing.
(c) Unless issued under grandparenting in Section 19 of
this Act, or under reciprocity in Section 20 of this Act, no
certificate shall be issued prior to successful completion of
the applicable examination.
(Source: P.A. 78-810.)
(415 ILCS 45/18) (from Ch. 111 1/2, par. 518)
Sec. 18. The Water Supply Operator Certificate shall
certify the competency of the applicant within the class of
certificate issued, and shall show the full name of the
applicant, have a serial number, and be signed by the
Director.
(a) Certificates shall be issued for a period of 3
years, with the expiration date being three years from the
first day of July of the calendar year in which the
certificate is issued.
(b) Every 3 years, on or before the July 1 expiration, a
certified community water supply operator shall renew his or
her certificate of competency and pay the required renewal
fee. A grace period for renewal will be granted until August
1 of that year before the restoration fee reinstatement
penalty is assessed as provided in Section 22 15 of this Act.
(c) A certified water supply operator may renew his or
her certificate every 3 years upon a showing, prior to
certificate renewal, that: At the time of a certificate
renewal, no additional examination shall be required,
providing certificate holder requests renewal in the same
classification without a revision in certificate class.
(1) in the case of a Class "A" or Class "B"
operator, he or she has completed a minimum of 30 hours
of training as determined by the Agency for certificate
renewal during the period of 3 years; or
(2) in the case of a Class "C" or Class "D"
operator, he or she has completed a minimum of 15 hours
of training as determined by the Agency for certificate
renewal during the period of 3 years.
(d) An individual A certified Water Supply Operator
whose certificate of competency has been expired for less
than 2 5 years may have his or her certificate restored only
upon payment of all lapsed renewal fees, and also upon
payment of the required restoration fee and upon a showing
that the individual has completed the required training. An
individual A water supply operator whose certificate has been
expired for more than 2 5 years may must reapply for
certification as a water supply operator.
(e) Any certified Community Water Supply Operator whose
certificate of competency has expired while the operator he
was engaged in Federal Service on Active Duty with the Armed
Forces of the United States, including United States Merchant
Marines, or in training or education under the supervision of
the United States preliminary to induction into the military
service, may have his or her certificate of competency
restored without paying any lapsed renewal fee or restoration
fee or passing any additional examination if, within one year
after termination of such service, training, or education,
other than by dishonorable discharge, the operator he
furnishes the Agency with an affidavit to the effect that the
operator he was so engaged and that his or her service,
training, or education was so terminated.
(f) Registration of a person in responsible charge of an
exempt community public water supply shall be valid for a
period of three years, with the expiration date being three
years from the first day of January of the calendar year in
which the registration is issued.
(g) Every three years, on or before the January 1
expiration, a registered person in responsible charge shall
renew his registration. A grace period for renewal will be
granted until February 1 of that year before the registration
is declared to have expired.
(Source: P.A. 82-393.)
(415 ILCS 45/19) (from Ch. 111 1/2, par. 519)
Sec. 19. (a) The registered person in responsible charge
of a previously exempt community water supply on the
effective date of this amendatory Act of the 91st General
Assembly may be issued a certificate of competency, with no
fee required, after the effective date of this amendatory Act
of the 91st General Assembly for the community water supply
for which the individual is registered. The community water
supply owner must make application for grandparenting of the
operator in responsible charge within 2 years of the
effective date of this amendatory Act of the 91st General
Assembly. This certificate is non-transferable, site
specific, and is not valid if the water system is
reclassified to a higher level.
(b) Each individual who is issued a certificate of
competency under Section 19(a) of this Act may renew the
certificate every 3 years in accordance with the renewal
requirements of Sections 18 and 22 of this Act.
At the effective date of this Act, all certificates in
effect issued under "An Act to Regulate the Operating of a
Public Water Supply", approved June 25, 1963, as amended,
shall remain valid until the July 1 expiration date
previously designated for that certificate, and upon its
surrender shall be exchanged for a new certificate in the
class for which his experience, education, and examination
records show him to be qualified for under Sections 13 and 14
of this Act. The appropriate renewal fee, designated in
Section 22 of this Act, shall be required for issuance of the
new certificate, and the expiration date of that certificate
shall be 3 years from the expiration date of the surrendered
certificate.
(Source: P.A. 78-810.)
(415 ILCS 45/20) (from Ch. 111 1/2, par. 520)
Sec. 20. The Agency shall, upon application therefor and
the payment of the proper fee, issue a certificate of
competency to any person who holds an unexpired certificate
of competency issued to him by any state or territory or
possession of the United States or of any country, if:
(a) the requirements for the certificate of competency
under which the certificate of competency was issued do not
conflict with and are substantially equal to those specified
by Sections 1 through 23 of this Act;, and:
(b) the particular state or territory or possession of
the United States or country extends similar privileges to
persons certified under Sections 1 through 23 of this Act.
(Source: P.A. 78-810.)
(415 ILCS 45/22) (from Ch. 111 1/2, par. 522)
Sec. 22. Fees for the issuance, renewal, or restoration
of an Illinois Water Supply Operator Certificate shall be as
follows:
(a) The fee to be paid by an applicant for an who does
not hold a valid Illinois certificate of competency or is
applying for classification revision is $30.
(b) The fee to be paid by an applicant for the following
transactions is $10:
(1) examination to determine fitness to receive a
certificate of competency;
(2) issuance of a reciprocal certificate of
competency under Section 20 of this Act;
(3) (Blank); issuance of a certificate of
competency under Section 21 of this Act;
(4) renewal of a certificate of competency other
than a certificate issued under Section 21 of this Act;
(5) restoration of a certificate of competency; or
(6) issuance of a duplicate certificate of
competency.
(c) All fees collected by the Agency under this Section
shall be deposited into the Environmental Protection Permit
and Inspection Fund in accordance with Section 22.8 of the
Environmental Protection Act.
(Source: P.A. 85-250.)
(415 ILCS 45/9.2 rep.)
(415 ILCS 45/21 rep.)
Section 10. The Public Water Supply Operations Act is
amended by repealing Sections 9.2 and 21.
Section 99. Effective date. This Act takes effect upon
becoming law.
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