093_HB3172

 
                                     LRB093 09310 AMC 09543 b

 1        AN ACT concerning swimming facilities.

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

 4        Section 5.  The  Swimming  Facility  Act  is  amended  by
 5    changing Section 21 as follows:

 6        (210 ILCS 125/21) (from Ch. 111 1/2, par. 1221)
 7        Sec.  21. Closure of facility. Whenever the Department of
 8    Public Health finds any of  the  conditions  hereinafter  set
 9    forth  it  shall,  by  written  notice, immediately order the
10    owner, operator or licensee to close  the  swimming  facility
11    and to prohibit any person from using such facilities:
12             (1)  If   conditions  at  a  swimming  facility  and
13        appurtenances,  including  bathhouse   facilities,   upon
14        inspection  and  investigation by a representative of the
15        Department, create  an  immediate  danger  to  health  or
16        safety,  including  conditions  that could lead to bather
17        entrapment or entanglement; or
18             (2)  When the Department, upon review of results  of
19        bacteriological  analyses of water samples collected from
20        a swimming facility,  finds  that  such  water  does  not
21        conform  to  the bacteriological standards promulgated by
22        the Department for proper swimming water quality; or
23             (3)  When an environmental survey of an  area  shows
24        evidence   of   sewage  or  other  pollutional  or  toxic
25        materials being discharged to waters tributary to a beach
26        creating an immediate danger to health or safety; or
27             (4)  When the Department  finds  by  observation  or
28        test  for  water clarity of the swimming facility water a
29        higher turbidity level than permitted  in  the  standards
30        for physical quality as promulgated by the Department; or
31             (5)  When  in  such  cases  as  it  is required, the
 
                            -2-      LRB093 09310 AMC 09543 b
 1        presence  of  a   satisfactory   disinfectant   residual,
 2        prescribed  by  rule as promulgated by the Department, is
 3        absent.
 4        The notice shall state the reasons prompting the  closing
 5    of  the  facilities  and  a copy of the notice must be posted
 6    conspicuously at the pool or beach by the owner, operator  or
 7    licensee.
 8        The  State's  Attorney and Sheriff of the county in which
 9    the swimming facility is located shall  enforce  the  closing
10    order after receiving notice thereof.
11        Any owner, operator or licensee affected by such an order
12    is  entitled,  upon  written  request to the Department, to a
13    hearing as provided in this Act.
14        When such conditions are abated or when  the  results  of
15    analyses   of  water  samples  collected  from  the  swimming
16    facility, in the opinion of the Department, comply  with  the
17    Department's  bacteriological  standards for acceptable water
18    quality, or when the turbidity decreases to  the  permissible
19    limit,   or   when   the   disinfectant  residual  reaches  a
20    satisfactory level as prescribed by rule, the Department  may
21    authorize  reopening  the  pool  or  beach.  When  sources of
22    sewage, pollution, or toxic materials discovered as a  result
23    of an environmental survey are eliminated, the Department may
24    authorize reopening of such beach.
25    (Source: P.A. 92-18, eff. 6-28-01.)