Full Text of SB3057 96th General Assembly
SB3057eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Swimming Facility Act is amended by changing | 5 |
| Sections 2, 3, 3.12, 4, 5, 6, 7, 8, 13, 14, 21, and 23 and by | 6 |
| adding Sections 3.13, 15.1, 15.2, and 16.1 as follows: | 7 |
| (210 ILCS 125/2) (from Ch. 111 1/2, par. 1202) | 8 |
| Sec. 2. Legislative purpose. It is found that there exists, | 9 |
| and may in
the future exist, within the
State of Illinois | 10 |
| public swimming pools, spas, water slides, public
bathing | 11 |
| beaches, and other swimming facilities aquatic features which
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| are substandard in one or more important features of safety, | 13 |
| cleanliness or
sanitation. Such conditions adversely affect | 14 |
| the public health, safety and
general welfare of persons. | 15 |
| Therefore, the purpose of this Act is to protect, promote | 16 |
| and preserve
the public health, safety and general welfare by | 17 |
| providing for the
establishment and enforcement of minimum | 18 |
| standards for safety, cleanliness
and general sanitation for | 19 |
| all swimming pools, spas, water slides,
public bathing beaches, | 20 |
| and other aquatic features
now in existence or hereafter | 21 |
| constructed, developed, or altered
and to
provide for
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| inspection and licensing of all such facilities. | 23 |
| (Source: P.A. 92-18, eff. 6-28-01.) |
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| (210 ILCS 125/3) (from Ch. 111 1/2, par. 1203) | 2 |
| Sec. 3. Definitions. As used in this Act, unless the | 3 |
| context otherwise
requires, the terms
specified in Sections | 4 |
| 3.01 through 3.13 3.12 have the meanings ascribed
to them
in | 5 |
| those Sections. | 6 |
| (Source: P.A. 92-18, eff. 6-28-01.) | 7 |
| (210 ILCS 125/3.12) | 8 |
| Sec. 3.12. Swimming facility. "Swimming Facility" means a | 9 |
| swimming pool,
spa, public bathing
beach, water slide, lazy | 10 |
| river, spray pool, or other similar aquatic feature that exists | 11 |
| for the purpose of providing recreation or therapeutic services | 12 |
| to the public. It does not include isolation or flotation | 13 |
| tanks . | 14 |
| (Source: P.A. 92-18, eff. 6-28-01.) | 15 |
| (210 ILCS 125/3.13 new) | 16 |
| Sec. 3.13. Spray pool. "Spray pool" means an aquatic | 17 |
| recreational facility that is not a swimming pool and that has | 18 |
| structures or fittings for spraying, dumping, or shooting | 19 |
| water. The term does not include facilities having as a source | 20 |
| of water a public water supply that is regulated by the | 21 |
| Illinois Environmental Protection Agency or the Illinois | 22 |
| Department of Public Health and that has no capacity to recycle | 23 |
| water. |
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| (210 ILCS 125/4) (from Ch. 111 1/2, par. 1204) | 2 |
| Sec. 4. License to operate. After May 1, 2002,
it shall be | 3 |
| unlawful
for any person to open,
establish, maintain or operate | 4 |
| a swimming facility pool, water slide, or bathing
beach within | 5 |
| this
State without first obtaining a license therefor from the | 6 |
| Department.
After May 1, 2003, it shall be unlawful for any | 7 |
| person to open, establish,
maintain, or operate a spa within | 8 |
| this State without first obtaining a license
from the | 9 |
| Department. Licenses for swimming
facilities
shall expire May
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| 1, next following the swimming season for which the license was | 11 |
| issued, except that an original license for a swimming facility | 12 |
| issued
after February 1 and before May 1 shall
expire on May 1 | 13 |
| of the
following year. Licenses for indoor pools that expire | 14 |
| December 1, 2001 shall
be renewed for a $75 fee for a license | 15 |
| that will expire on May 1, 2003.
Applications for
original | 16 |
| licenses shall be made on forms furnished by the Department. | 17 |
| Each
application to the Department shall be signed by the | 18 |
| applicant and
accompanied by an affidavit of the applicant as | 19 |
| to the truth of the
application and, except in the case of an | 20 |
| application by an organization
incorporated under the General | 21 |
| Not for Profit Corporation Act, as amended,
by the payment of a | 22 |
| license application fee of $50.
License fees are not | 23 |
| refundable. Each application shall contain: the name
and | 24 |
| address of the applicant, or names and addresses of the | 25 |
| partners if the
applicant is a partnership, or the name and |
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| addresses of the officers if
the applicant is a corporation or | 2 |
| the names and addresses of all persons
having an interest | 3 |
| therein if the applicant is a group of individuals,
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| association, or trust; and the location of the swimming | 5 |
| facility. A
license shall be valid only in the possession of | 6 |
| the person to whom it is
issued and shall not be the subject of | 7 |
| sale, assignment, or other transfer,
voluntary, or | 8 |
| involuntary, nor shall the license be valid for any premises
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| other than those for which originally issued. Upon receipt of | 10 |
| an
application for an original license the Department shall | 11 |
| inspect such
swimming facility to insure compliance with this | 12 |
| Act. | 13 |
| (Source: P.A. 92-18, eff. 6-28-01.) | 14 |
| (210 ILCS 125/5) (from Ch. 111 1/2, par. 1205) | 15 |
| Sec. 5. Permit for construction or major alteration. No | 16 |
| swimming facility shall be
constructed,
developed, installed, | 17 |
| or altered in a major manner until plans,
specifications, and | 18 |
| other information
relative to such swimming facility and | 19 |
| appurtenant
facilities as may be
requested by the Department | 20 |
| are submitted to and reviewed by the Department
and found to | 21 |
| comply with minimum sanitary and safety requirements and
design | 22 |
| criteria, and until a permit for the construction or | 23 |
| development is
issued by the Department. Construction permits | 24 |
| for spas are not required
until January 1, 2003. Permits are | 25 |
| valid for a period of one year from
date of issue. They may be |
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| reissued upon application to the Department and
payment of the | 2 |
| permit fee as provided in this Act. | 3 |
| The fee to be paid by an applicant, other than an | 4 |
| organization
incorporated under the General Not for Profit | 5 |
| Corporation Act, as now or
hereafter amended, for a permit for | 6 |
| construction, development, major
alteration, or
installation | 7 |
| of each swimming facility is $50, which shall accompany such
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| application. | 9 |
| (Source: P.A. 92-18, eff. 6-28-01.) | 10 |
| (210 ILCS 125/6) (from Ch. 111 1/2, par. 1206) | 11 |
| Sec. 6. License renewal. Applications and fees for renewal | 12 |
| of
the license shall be made in writing by the holder of the | 13 |
| license, on forms
furnished by the Department and, except in | 14 |
| the case of an application by an
organization incorporated | 15 |
| under the General Not for Profit Corporation Act,
as now or | 16 |
| hereafter amended, shall be accompanied by a license | 17 |
| application
fee of $50, which shall not be refundable, and | 18 |
| shall contain any change in
the information submitted since the | 19 |
| original license was issued or the
latest renewal granted. In | 20 |
| addition to any other fees required under this
Act, a late fee | 21 |
| of $20 shall be charged when any renewal application is
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| received by the Department after the license has expired; | 23 |
| however, educational
institutions and units of State or local | 24 |
| government shall not be required
to pay late fees. If, after | 25 |
| inspection, the Department is satisfied
that the swimming |
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| facility is in substantial compliance
with the
provisions of | 2 |
| this Act and the rules and regulations issued thereunder, the
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| Department shall issue the renewal license. | 4 |
| (Source: P.A. 92-18, eff. 6-28-01.) | 5 |
| (210 ILCS 125/7) (from Ch. 111 1/2, par. 1207) | 6 |
| Sec. 7. Conditional license. If the Department finds that | 7 |
| the facilities
of any swimming facility for which a license is | 8 |
| sought are not in compliance with the
provisions of this Act | 9 |
| and the rules and regulations of the Department
relating | 10 |
| thereto, but may operate without undue prejudice to the public,
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| the Department may issue a conditional license setting forth
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| the conditions on which the license is issued, the manner in | 13 |
| which the
swimming facility fails to comply with the Act and | 14 |
| such
rules and
regulations , and shall set forth the time, not | 15 |
| to exceed 3 years, within
which the applicant must make any | 16 |
| changes or corrections necessary to fully
comply with this Act | 17 |
| and the rules and regulations of the Department
relating | 18 |
| thereto. No more than 3 such consecutive annual conditional | 19 |
| licenses may be issued. | 20 |
| (Source: P.A. 92-18, eff. 6-28-01.) | 21 |
| (210 ILCS 125/8) (from Ch. 111 1/2, par. 1208) | 22 |
| Sec. 8. Payment of fees; display of licenses. All fees and | 23 |
| penalties generated under
the authority of this Act shall be | 24 |
| deposited into
the Facility Licensing Fund and, subject to |
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| appropriation, shall be used by the
Department in the | 2 |
| administration of this Act. All fees and penalties shall be | 3 |
| submitted in
the form of a check or money order , or by other | 4 |
| means authorized by the Department . All
licenses provided for | 5 |
| in this Act shall be displayed in a
conspicuous place for | 6 |
| public view, within or on such premises. In case of
revocation | 7 |
| or suspension, the owner or operator or both shall cause the
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| license to be removed and to post the notice of revocation or | 9 |
| suspension
issued by the Department. | 10 |
| (Source: P.A. 92-18, eff. 6-28-01.) | 11 |
| (210 ILCS 125/13) (from Ch. 111 1/2, par. 1213) | 12 |
| Sec. 13. Rules. The Department shall promulgate, publish, | 13 |
| adopt and
amend such
rules and regulations as may be necessary | 14 |
| for the proper enforcement of
this Act, to protect the health | 15 |
| and safety of the public using such pools
and beaches, spas, | 16 |
| and other appurtenances, and may, when necessary,
utilize the | 17 |
| services of any other
state agencies to assist in carrying out | 18 |
| the purposes of this Act. These rules
regulations shall include | 19 |
| but are not limited to design criteria for swimming
facility | 20 |
| areas and bather preparation facilities, standards relating to
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| sanitation, cleanliness, plumbing, water supply, sewage and | 22 |
| solid waste
disposal, design and construction of all equipment, | 23 |
| buildings, rodent and
insect control, communicable disease | 24 |
| control, safety and sanitation of
appurtenant swimming | 25 |
| facilities. The rules regulations must
include provisions for |
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| the prevention of bather entrapment or entanglement at
new and | 2 |
| existing swimming facilities. The
Department may adopt less | 3 |
| stringent requirements for spas existing prior to
January 1, | 4 |
| 2003 than for new spas, provided minimum safety features,
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| including provisions to protect against bather entrapment, are | 6 |
| provided.
Bather preparation
facilities
consisting of dressing | 7 |
| room space, toilets and showers shall be available
for use of | 8 |
| patrons of swimming facilities, except as
provided by
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| Department rules regulations . | 10 |
| (Source: P.A. 92-18, eff. 6-28-01.) | 11 |
| (210 ILCS 125/14) (from Ch. 111 1/2, par. 1214) | 12 |
| Sec. 14. | 13 |
| Whenever the Department determines that there are | 14 |
| reasonable grounds to
believe that there has been violation of | 15 |
| any provision of this Act or the
rules and regulations issued | 16 |
| hereunder, the Department shall give notice of
such alleged | 17 |
| violation to the person to whom the license was issued, as
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| herein provided. Such notice shall: | 19 |
| (a) be in writing; | 20 |
| (b) include a statement of the reasons for the issuance of | 21 |
| the notice; | 22 |
| (c) (Blank) allow reasonable time as determined by the | 23 |
| Department for the
performance of any act it requires ; | 24 |
| (d) be served upon the owner, operator or licensee as the | 25 |
| case may
require; provided that such notice or order shall be |
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| deemed to have been
properly served upon such owner, operator | 2 |
| or licensee when a copy thereof
has been sent by registered or | 3 |
| certified mail to his last known address as
furnished to the | 4 |
| Department; or, when he has been served with such notice
by any | 5 |
| other method authorized by the laws of this State; | 6 |
| (e) (Blank) contain an outline of remedial action, which, | 7 |
| if taken, will be
required to effect compliance with the | 8 |
| provisions of this Act and the rules
and regulations issued | 9 |
| hereunder . | 10 |
| (Source: P.A. 78-1149.) | 11 |
| (210 ILCS 125/15.1 new) | 12 |
| Sec. 15.1. Violations at facilities. | 13 |
| (a) If the Department finds violations at swimming | 14 |
| facilities requiring licensure under this Act, the Department | 15 |
| shall issue a written report or notice of the violations. In | 16 |
| accordance with subsections (b), (c), and (d), each violation | 17 |
| shall be categorized as either Type "A", Type "B", or Type "C". | 18 |
| (b) Type "A" Violation. The situation, condition, or | 19 |
| practice constituting a Type "A" violation shall be abated or | 20 |
| eliminated immediately, unless a fixed period of time, not | 21 |
| exceeding 10 days, as determined by the Department and | 22 |
| specified in the notice of violation or inspection report, is | 23 |
| required for correction. Type "A" violations shall include, but | 24 |
| not be limited to: | 25 |
| (1) Inoperable gauges or flowmeters. |
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| (2) The failure to maintain appropriate water quality | 2 |
| within 20% of standard. | 3 |
| (3) The failure to maintain or provide operation | 4 |
| reports. | 5 |
| (4) The failure to provide and maintain necessary | 6 |
| safety equipment prescribed by rule. | 7 |
| (5) The failure to maintain cleanliness of the facility | 8 |
| (cracks, leaks, lint, dirt, and sediment). | 9 |
| (6) The improper use of starting platforms. | 10 |
| (7) The failure to maintain equipment in proper work | 11 |
| order (including, but not limited to, skimmers, pumps, and | 12 |
| chlorinators), such that the public is not endangered. | 13 |
| (8) The failure to post Patron Regulations and Bather | 14 |
| Load signs. | 15 |
| (c) Type "B" Violation. At the time of issuance of a notice | 16 |
| of a Type "B" violation, the Department shall request a plan of | 17 |
| correction that is subject to the Department's approval. The | 18 |
| facility shall have 10 days after receipt of a notice of | 19 |
| violation in which to prepare and submit a plan of correction. | 20 |
| The Department may extend this period up to 30 days where | 21 |
| correction involves substantial capital improvement. The plan | 22 |
| shall include a fixed time period, not to exceed 90 days, | 23 |
| within which violations are to be corrected. If the Department | 24 |
| rejects a plan of correction, it shall send notice of the | 25 |
| rejection and the reason for the rejection to the facility. The | 26 |
| facility shall have 10 days after receipt of the notice of |
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| rejection in which to submit a modified plan. If the modified | 2 |
| plan is not timely submitted, or if the modified plan is | 3 |
| rejected, the facility shall follow an approved plan of | 4 |
| correction imposed by the Department. Type "B" violations shall | 5 |
| include, but not be limited to: | 6 |
| (1) Ongoing repeat Type "A" violations not corrected in | 7 |
| accordance with a notice or inspection report. | 8 |
| (2) The failure to submit a Drowning and Injury Report | 9 |
| within 24 hours. | 10 |
| (3) The failure to provide a lifeguard or a warning | 11 |
| sign as required by the rules. | 12 |
| (4) The failure to maintain water quality in accordance | 13 |
| with Section 820.320 of Title 77 of the Illinois | 14 |
| Administrative Code, and in excess of that allowed for in a | 15 |
| Type "A" violation. | 16 |
| (5) The failure to properly secure the pool area or the | 17 |
| equipment/storage area. | 18 |
| (6) The failure to maintain any operational reports. | 19 |
| (7) The failure to obey assigned bather load. | 20 |
| (8) The failure to properly display a | 21 |
| Department-issued license. | 22 |
| (d) Type "C" Violation. Type "C" violations include those | 23 |
| violations that may lead to serious injury or death of patrons, | 24 |
| employees, or the general public. Upon finding a Type "C" | 25 |
| violation at a facility, the Department shall immediately take | 26 |
| such actions as necessary to protect public health, including |
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| ordering the immediate closure of the facility, ordering the | 2 |
| abatement of conditions deemed dangerous by the Department, or | 3 |
| ordering the cessation of any practice deemed dangerous or | 4 |
| improper by the Department. Type "C" violations shall include, | 5 |
| but not be limited to: | 6 |
| (1) The failure to obtain a license prior to operating. | 7 |
| (2) The failure to construct the pool in accordance | 8 |
| with the Department-issued permit to construct. | 9 |
| (3) The failure to secure a permit to alter the pool. | 10 |
| (4) The failure to close the pool in accordance with | 11 |
| the rules. | 12 |
| (5) The failure to obey any lawful order of the | 13 |
| Department. | 14 |
| (6) The failure to provide access to the facility by | 15 |
| the Department or any duly appointed agent thereof. | 16 |
| (7) The failure to post a Department-issued closure | 17 |
| order. | 18 |
| (8) Operating the facility in a manner that results in | 19 |
| imminent danger to the public. | 20 |
| (9) Submitting fraudulent documentation to the | 21 |
| Department or a duly appointed agent thereof. | 22 |
| (e) In determining whether a penalty is to be imposed and | 23 |
| in fixing the amount of the penalty to be imposed, if any, for | 24 |
| a violation, the Director shall consider the following factors: | 25 |
| (1) The gravity of the violation, including the | 26 |
| probability that death or serious physical harm to the |
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| public will result or has resulted; the severity of the | 2 |
| actual or potential harm; and the extent to which the | 3 |
| provisions of the applicable statutes or regulations were | 4 |
| violated. | 5 |
| (2) The reasonable diligence exercised by the licensee | 6 |
| and efforts to correct violations. | 7 |
| (3) Any previous violations committed by the licensee. | 8 |
| (4) The financial benefit to the facility for | 9 |
| committing or continuing the violation. | 10 |
| Type "A" violations shall carry no penalty provided they | 11 |
| are corrected within the terms set forth by this Act and in | 12 |
| accordance with the rules established under this Act. Type "B" | 13 |
| violations may be assessed a penalty of $25 per day for each | 14 |
| day the violation exists. Type "C" violations may be assessed a | 15 |
| penalty of $100 per day for each day the violation exists, in | 16 |
| addition to any other penalties provided for by law. | 17 |
| (210 ILCS 125/15.2 new) | 18 |
| Sec. 15.2. Violations and civil penalties. The Department | 19 |
| is empowered to assess civil penalties and sanctions for | 20 |
| violations of this Act and the rules promulgated under this | 21 |
| Act. Each day a violation exists shall constitute a separate | 22 |
| violation. | 23 |
| (210 ILCS 125/16.1 new) | 24 |
| Sec. 16.1. Denial, suspension, or revocation of a license. |
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| The Director, after notice and opportunity for a hearing to a | 2 |
| party, may deny, suspend, or revoke a license or permit, or | 3 |
| assess a civil penalty, in any case in which he or she finds | 4 |
| that there has been a substantial failure to comply with the | 5 |
| provisions of this Act or rules established under it. Notice | 6 |
| shall be provided by certified mail, return receipt requested, | 7 |
| or served personally and by fixing a date, not less than 15 | 8 |
| days from the date of such mailing or service, at which time | 9 |
| the applicant or license holder shall be given an opportunity | 10 |
| to serve a written request for hearing upon the Department. The | 11 |
| hearing shall be conducted by the Director or by an individual | 12 |
| designated in writing by the Director as the Hearing Officer. | 13 |
| On the basis of any such hearing, or upon default of the | 14 |
| applicant or license holder, the Director shall make a | 15 |
| determination specifying his or her findings and conclusions. A | 16 |
| copy of the determinations shall be sent by certified mail, | 17 |
| return receipt requested, or served personally upon the | 18 |
| applicant or license holder. | 19 |
| (210 ILCS 125/21) (from Ch. 111 1/2, par. 1221) | 20 |
| Sec. 21. Closure of facility. Whenever the Department finds | 21 |
| any violation of this Act or the rules promulgated under this | 22 |
| Act, if the violation presents an emergency or risk to public | 23 |
| health, the Department the
conditions hereinafter set
forth it | 24 |
| shall, without prior notice or hearing, issue a by written | 25 |
| notice, immediately order the owner, operator , or
licensee to |
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| close the swimming facility and to prohibit
any person from | 2 |
| using
such facilities . Notwithstanding any other provisions in | 3 |
| this Act, such order shall be effective immediately. : | 4 |
| (1) If conditions at a swimming facility and
| 5 |
| appurtenances,
including bathhouse facilities, upon | 6 |
| inspection and investigation by a
representative of the | 7 |
| Department, create an immediate danger to health or
safety, | 8 |
| including conditions that could lead to bather entrapment | 9 |
| or
entanglement; or | 10 |
| (2) When the Department, upon review of results of | 11 |
| bacteriological
analyses of water samples collected from a | 12 |
| swimming facility,
finds that such water does not conform | 13 |
| to the bacteriological standards
promulgated by the | 14 |
| Department for proper swimming water quality; or | 15 |
| (3) When an environmental survey of an area shows | 16 |
| evidence of sewage or
other pollutional or toxic materials | 17 |
| being discharged to waters tributary
to a beach creating an | 18 |
| immediate danger to health or safety; or | 19 |
| (4) When the Department finds by observation or test | 20 |
| for water clarity
of the swimming facility water a higher | 21 |
| turbidity level
than permitted in the
standards for | 22 |
| physical quality as promulgated by the Department; or | 23 |
| (5) When in such cases as it is required, the presence | 24 |
| of a satisfactory
disinfectant residual, prescribed by | 25 |
| rule as promulgated by the Department,
is absent. | 26 |
| The notice shall state the reasons prompting the closing of |
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| the
facilities and a copy of the notice must be posted | 2 |
| conspicuously at the
pool or beach by the owner, operator or | 3 |
| licensee. | 4 |
| The State's Attorney and Sheriff of the county in which the | 5 |
| swimming
facility is located shall enforce the closing order | 6 |
| after receiving
notice thereof. | 7 |
| Any owner, operator or licensee affected by such an order | 8 |
| is entitled,
upon written request to the Department, to a | 9 |
| hearing as provided in this
Act. | 10 |
| When such violations conditions are abated or when the | 11 |
| results of analyses of water
samples collected from the | 12 |
| swimming facility, in the
opinion of the Department,
comply | 13 |
| with the Department's bacteriological standards for acceptable | 14 |
| water
quality, or when the turbidity decreases to the | 15 |
| permissible limit, or when
the disinfectant residual reaches a | 16 |
| satisfactory level as prescribed by
rule, the Department may | 17 |
| authorize reopening the swimming facility pool or beach . When
| 18 |
| sources of sewage, pollution, or toxic materials discovered as | 19 |
| a result of
an environmental survey are eliminated, the | 20 |
| Department may authorize
reopening of such beach. | 21 |
| (Source: P.A. 92-18, eff. 6-28-01.) | 22 |
| (210 ILCS 125/23) (from Ch. 111 1/2, par. 1223) | 23 |
| Sec. 23. Applicability of Act. Nothing in this Act shall be | 24 |
| construed to
exclude the State of Illinois
and Departments and | 25 |
| educational institutions thereof and units of local
government |
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| except that the provisions in this Act for fees or late fees | 2 |
| for licenses and
permits,
and the provisions for fine and | 3 |
| imprisonment shall not apply to the State
of Illinois, to | 4 |
| Departments and educational institutions thereof, or units
of | 5 |
| local government. This Act shall not apply to beaches operated | 6 |
| by units
of local government located on Lake Michigan. | 7 |
| (Source: P.A. 92-18, eff. 6-28-01.) | 8 |
| (210 ILCS 125/15 rep.) | 9 |
| (210 ILCS 125/16 rep.) | 10 |
| Section 10. The Swimming Facility Act is amended by | 11 |
| repealing Sections 15 and 16.
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law. |
|