SB3057sam001 96TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 2/26/2010

09600SB3057sam001 LRB096 16294 KTG 37757 a

AMENDMENT TO SENATE BILL 3057

AMENDMENT NO. ______. Amend Senate Bill 3057 by replacing everything after the enacting clause with the following:

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

(210 ILCS 125/21) (from Ch. 111 1/2, par. 1221)

Sec. 21. Closure of facility. Whenever the the Department finds any of the conditions hereinafter set forth it shall, by written notice, immediately order the owner, operator or licensee to close the swimming facility and to prohibit any person from using such facilities:

(1) If conditions at a swimming facility and appurtenances, including bathhouse facilities, upon inspection and investigation by a representative of the Department, create an immediate danger to health or safety, including conditions that could lead to bather entrapment or entanglement; or

(2) When the Department, upon review of results of bacteriological analyses of water samples collected from a swimming facility, finds that such water does not conform to the bacteriological standards promulgated by the Department for proper swimming water quality; or

(3) When an environmental survey of an area shows evidence of sewage or other pollutional or toxic materials being discharged to waters tributary to a beach creating an immediate danger to health or safety; or

(4) When the Department finds by observation or test for water clarity of the swimming facility water a higher turbidity level than permitted in the standards for physical quality as promulgated by the Department; or

(5) When in such cases as it is required, the presence of a satisfactory disinfectant residual, prescribed by rule as promulgated by the Department, is absent.

The notice shall state the reasons prompting the closing of the facilities and a copy of the notice must be posted conspicuously at the pool or beach by the owner, operator or licensee.

The State's Attorney and Sheriff of the county in which the swimming facility is located shall enforce the closing order after receiving notice thereof.

Any owner, operator or licensee affected by such an order is entitled, upon written request to the Department, to a hearing as provided in this Act.

When such conditions are abated or when the results of analyses of water samples collected from the swimming facility, in the opinion of the Department, comply with the Department's bacteriological standards for acceptable water quality, or when the turbidity decreases to the permissible limit, or when the disinfectant residual reaches a satisfactory level as prescribed by rule, the Department may authorize reopening the pool or beach. When sources of sewage, pollution, or toxic materials discovered as a result of an environmental survey are eliminated, the Department may authorize reopening of such beach.

(Source: P.A. 92-18, eff. 6-28-01.)".