Section 535.100 Background Checks
a) Before
hiring, promoting, or transferring an employee to perform work on
facilities used for the distribution of natural gas to customers, a public
utility shall require each employee or potential employee to complete a
certificate listing violations of pertinent safety or environmental laws by
the employee or potential employee. Exempt from this requirement are
current employees of public utilities who were in positions with the public
utilities that involved work on facilities used for the distribution of natural
gas to customers of these public utilities on November
1, 2004. Also exempt are employees who are being transferred or promoted from
a position requiring a certificate to another position requiring a certificate.
[220 ILCS 5/8-501.5]
b) Before
hiring an independent contractor to perform work involving facilities used for
the distribution of natural gas to customers, a public utility shall require
an owner or officer of the independent contractor to provide
certificates listing violations of pertinent safety or environmental laws by
the independent contractor. [220 ILCS 5/8-501.5]
c) A
certificate of violations of pertinent safety and environmental laws violations
completed by a potential public utility employee or current public utility
employees who receive a promotion or transfer to a position described in
subsection (a) shall contain the following information:
1) The
name of applicant or employee;
2) The
applicant or employee’s declaration of violations of pertinent safety and
environmental laws, including the date of the violation and the amount of any
penalty or fine assessed because of the violation;
3) A
verified statement that the applicant or employee is providing truthful
information;
4) Notice
to the applicant or employee that willful omissions of information from this
certificate are grounds for employment termination; and
5) The
applicant or employee’s dated signature.
d) A
certificate of violations of pertinent safety and environmental laws completed
by an owner or officer of the independent contractor shall contain the
following information:
1) Identification
of the specific public utility contract being sought by the independent
contractor;
2) The
name and address of the independent contractor;
3) The
name and position held in the independent contractor by the person completing
the certificate;
4) The
independent contractor's declaration of violations of pertinent safety and
environmental laws, including the date of the violation and the amount of any
penalty or fine, if any, assessed because of the violation;
5) A
verified statement that the representative of the independent contractor is
providing truthful information;
6) Notice
to the independent contractor that willful omissions of information from this
certificate are grounds for contract termination; and
7) The
dated signature of the independent contractor owner or officer completing the
certificate.
e) A
public utility shall retain completed certificates of violations of pertinent
safety and environmental laws and shall make these records available for
inspection by the Commission.
1) A
public utility shall keep a certificate completed by an independent contractor
hired by the public utility for five years after the creation of the
certificate;
2) A
public utility shall keep certificates completed by its own employees for five
years after employment termination.
f) Information
provided in the certificates referred to in subsections (c) and (d) shall be
considered by these public utilities in making employment decisions regarding
those individuals or entities furnishing these certificates to these public
utilities.
g) Independent
contractors hired by the public utility shall provide new certificates
annually.
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TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: GAS UTILITIES
PART 535
BACKGROUND CHECKS AND MERCURY COMPLIANCE
SECTION 535.200 WORK PERFORMED ON REGULATORS AND MANOMETERS
Section
535.200 Work Performed on Regulators and Manometers
a) Prior
to performing work at a customer location on a mercury-containing regulator or
manometer used in providing natural gas service, a public utility shall test
the air for mercury vapor in at least two locations: one location one foot
above or away from the regulator or manometer and another location within three
to five feet above the floor for indoor meters, or three to five feet above
ground level for outdoor meters, immediately adjacent to the regulator or
manometer.
b) After
performing the work on a mercury-containing regulator or manometer used to
provide natural gas service, a public utility shall test the air for mercury
vapor at the same locations used for air sampling prior to performing the work
on the regulator or manometer.
c) A
public utility shall consider a confirmed reading at, or in excess, of the
following levels as a positive indication of mercury.
1) 0.003
milligrams (3 micrograms) per cubic meter of air for mercury vapor air sample
tests conducted inside of a residential customer location.
2) 0.010
milligrams (10 micrograms) per cubic meter of air for mercury vapor air sample
tests conducted at non-residential locations and outside of a residential
customer location.
d) When
testing for mercury vapor, a public utility shall use mercury vapor testing
equipment capable of detecting the presence of mercury at the levels required
by subsection (c).
e) A
public utility shall use mercury vapor testing equipment in accordance with the
guidelines set forth by the manufacturer of the equipment.
f) A
public utility shall not perform any mercury vapor air sample tests under
conditions that would counter the manufacturer’s recommendations for use of the
mercury vapor test equipment except for the following reasons:
1) A
public utility may perform work on mercury-containing regulators or manometers
located outdoors without conducting the required mercury vapor test if
conditions are not suitable for accurate readings from its mercury vapor test
equipment, but shall return to the work site and test for mercury vapor as soon
as conditions are favorable for accurate readings from its mercury vapor test
equipment; or
2) In an
emergency, as defined in Section 535.10, a public utility may perform work on
mercury-containing regulators or manometers without conducting the required
mercury vapor test, if conditions are not suitable for accurate readings from
its mercury vapor test equipment, but shall return to the work site and test
for mercury vapor as soon as conditions are favorable for accurate readings
from its mercury vapor test equipment.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: GAS UTILITIES
PART 535
BACKGROUND CHECKS AND MERCURY COMPLIANCE
SECTION 535.210 REPORTING MERCURY TESTS
Section 535.210 Reporting Mercury Tests
a) A
public utility performing a mercury vapor air sample test required by Section
535.200 shall record the following information:
1) The
name of the public utility providing natural gas service to the property;
2) The
address where the mercury-containing regulator or manometer is or was located;
3) An
indication of whether the regulator or manometer was located inside or outside
of customer’s location;
4) An
indication of whether a regulator or manometer is at the specified location;
5) An
indication of whether the regulator or manometer remained at the specified
location or was removed;
6) The
name of the person conducting the test;
7) The
date and time of the test;
8) The
level of mercury vapor found at each test location;
9) A
general description of each air sample test location;
10) The
name and model number of the device used to conduct the test;
11) The
date of original work and a listing of the conditions that existed that countered
the manufacturer's recommendations for use of the mercury testing equipment if
testing was postponed due to circumstances covered in Section 535.200(f)(2);
and
12) The
dated signature of the person completing the mercury vapor test report.
b) After
performing mercury vapor air sample tests required by Section 535.200, a public
utility shall, if requested by the occupant or owner of the property, provide a
copy of the mercury vapor air sample test results to the occupant or owner of
the property where the public utility performed the tests. If requested, the
public utility shall mail a copy of the mercury vapor air sample test results
in a first class envelope addressed to the occupant or owner within 10 working
days after the date of the request.
c) A
public utility shall retain the information required in subsection (a) for five
years. A public utility shall make these records available for inspection by
the Commission staff upon request.
d) Prior
to performing a mercury vapor air sample test required by Section 535.200, a
public utility shall inform the occupant or owner of the property that it
intends to conduct a mercury vapor air sample test and that the occupant or
owner has the right to request a copy of the test results. In an emergency, as
defined in Section 535.10, notice required by this Section may be provided upon
the resolution of the emergency.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: GAS UTILITIES
PART 535
BACKGROUND CHECKS AND MERCURY COMPLIANCE
SECTION 535.220 MERCURY REPORTS TO THE COMMISSION
Section 535.220 Mercury Reports to the Commission
a) No
later than April 1 of each year, a public utility offering natural gas service
shall file an annual mercury compliance report with the Chief Clerk of the
Commission. The report shall contain the following information for the
previous calendar year:
1) The
number of locations that required a mercury vapor air sample test; and
2) An
identification of the number of locations that contained confirmed readings in
excess of the allowed levels and the concentration of mercury vapor detected by
the public utility at each location as set forth in Section 535.200(c).
b) If a
public utility reports no activity regarding the removal of mercury-containing
regulators or manometers used in providing natural gas service for a period of
three consecutive years and certifies by verified statement with the Chief
Clerk of the Commission that there are no known locations with
mercury-containing regulators or manometers used in providing natural gas
service, then the utility is exempted from the reporting requirement.
c) A
public utility’s exemption from the reporting requirements in this Section ends
in the event that:
1) The
public utility discovers a mercury-containing regulator or manometer used in
providing natural gas service within its system; or
2) The
public utility merges with another Illinois natural gas utility or acquires
Illinois service territory from another public utility that has not met the
requirements of subsection (b).
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: GAS UTILITIES
PART 535
BACKGROUND CHECKS AND MERCURY COMPLIANCE
SECTION 535.230 MERCURY VAPOR AIR SAMPLE TEST RESULT IN EXCESS OF ALLOWED LEVELS
Section 535.230 Mercury Vapor Air Sample Test Result in
Excess of Allowed Levels
a) For
each confirmed mercury vapor air sample test result in excess of the levels set
forth in Section 535.200(c), a public utility shall immediately notify all
State and federal authorities with jurisdiction of its findings and implement
the appropriate mercury contamination clean-up procedure with those
authorities, to the extent such notification and clean-up is required under
pertinent environmental laws or pertinent safety laws and to the extent that
the utility has not previously developed protocols for notification and cleanup
with State or federal authorities. Notifying all State and federal authorities
with jurisdiction is not required should a public utility’s existing protocol
with those authorities not require it.
b) If a
public utility is required, as discussed under subsection (a), to conduct a
clean-up, the public utility shall maintain a file of all correspondence
regarding each location where it obtained a confirmed mercury vapor air sample
test result in excess of the limits set forth in Section 535.200(c) for a
period of five years after it receives confirmation from the appropriate State
or federal authorities that its mercury clean-up activities are completed and
no further work in this regard is needed.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER d: GAS UTILITIES
PART 535
BACKGROUND CHECKS AND MERCURY COMPLIANCE
SECTION 535.240 CERTIFICATION OF EQUIPMENT
Section 535.240 Certification of Equipment
A public utility, independent contractor, or their agents
shall follow the manufacturer’s testing, maintenance, and certification
recommendations for all mercury vapor testing equipment used to test for the presence
of mercury vapor and shall keep the records of such testing, maintenance and
certifications for five years after its last mercury vapor test required by
Section 535.200.
AUTHORITY: Implementing and authorized by Sections 8-501.5 and 8-505.5 of the Public Utilities Act [220 ILCS 5/8-501.5, 8-505.5].
SOURCE: Adopted at 28 Ill. Reg. 14793, effective November 1, 2004.
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