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92nd General Assembly

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Public Act 92-0652

SB2072 Enrolled                               LRB9214133LBpcA

    AN ACT concerning environmental protection.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Illinois Groundwater  Protection  Act  is
amended  by  changing  Section 9 and by adding Section 9.1 as
follows:

    (415 ILCS 55/9) (from Ch. 111 1/2, par. 7459)
    Sec. 9.  (a) As used in this Section, unless the  context
clearly requires otherwise:
         (1)  "Community  water  system" means a public water
    system which serves at least 15 service connections  used
    by  residents  or  regularly serves at least 25 residents
    for at least 60 days per year.
         (2)  "Contaminant"  means  any  physical,  chemical,
    biological, or radiological substance or matter in water.
         (3)  "Department" means the Illinois  Department  of
    Public Health.
         (4)  "Non-community  water  system"  means  a public
    water system which is not a community water  system,  and
    has at least 15 service connections used by nonresidents,
    or  regularly  serves  25 or more nonresident individuals
    daily for at least 60 days per year.
         (4.5)  "Non-transient, non-community  water  system"
    means  a non-community water system that regularly serves
    the same 25 or more persons at least 6 months per year.
         (5)  "Private water system" means any  supply  which
    provides  water  for  drinking,  culinary,  and  sanitary
    purposes  and  serves  an  owner-occupied  single  family
    dwelling.
         (6)  "Public  water  system"  means a system for the
    provision to the public of water  for  human  consumption
    through  pipes  or  other constructed conveyances, if the
    system has at least 15 service connections  or  regularly
    serves  an  average  of  at least 25 individuals daily at
    least 60 days per year.  A public water system is  either
    a  community  water system (CWS) or a non-community water
    system (non-CWS). The term "public water system" includes
    any  collection,  treatment,  storage   or   distribution
    facilities  under  control of the operator of such system
    and used primarily in connection with such system and any
    collection or pretreatment storage facilities  not  under
    such  control which are used primarily in connection with
    such system.
         (7)  "Semi-private  water  system"  means  a   water
    supply  which  is  not  a  public water system, yet which
    serves  a  segment  of   the   public   other   than   an
    owner-occupied single family dwelling.
         (8)  "Supplier  of  water" means any person who owns
    or operates a water system.
    (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.)

    (415 ILCS 55/9.1 new)
    Sec.    9.1.  Notification   of   actual   or   potential
contamination.
    (a)  Whenever the Agency identifies any volatile  organic
compound   in  excess  of  the  Board's  Groundwater  Quality
Standards or the Safe Drinking Water Act maximum  contaminant
level  while  performing  its  obligations under Section 7 of
this Act, Section 13.1 of the Environmental  Protection  Act,
or  the  federal  Safe  Drinking  Water Act, the Agency shall
notify the Department, unless notification has  already  been
provided, and the unit of local government affected.
    (b)  Within  60 days of receipt of notice provided for in
subsection (a)  of  this  Section,  the  Department,  or  the
Department  in  coordination with the delegated county health
department, shall provide notice to  the  public  identifying
the contaminants of concern.  The notice shall be provided by
means  of  electronic  or print media and must be designed to
inform the owner of any private  water  system,  semi-private
water  system, or non-community public water system within an
area potentially affected by the identified contamination  of
the need for the system owner to test the system for possible
contamination.   The  notice  shall appear in the media for 3
consecutive weeks.
    (c)  A unit of local government  shall  take  any  action
that  it  deems  appropriate, such as informing any homeowner
who  potentially  could  be  adversely  affected,  within   a
reasonable  time  after  notification  by  the  Agency  under
subsection (a) of this Section.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 01, 2002.
    Approved July 11, 2002.
    Effective July 11, 2002.

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