Full Text of SB0550 99th General Assembly
SB0550sam001 99TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 4/15/2016
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| 1 | | AMENDMENT TO SENATE BILL 550
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 550 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Lead | 5 | | in Drinking Water Prevention Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Agency" means the Illinois Environmental Protection | 8 | | Agency. | 9 | | "Community water supply" or "community water system" means | 10 | | a public water system that serves at least 15 service | 11 | | connections used by year-round residents or regularly serves at | 12 | | least 25 year-round residents. | 13 | | "High risk area" means a geographical location where there | 14 | | is an increased risk that the concentration of lead in drinking | 15 | | water supplied to residences is equal to or above the household | 16 | | action level. Such areas include, but are not limited to: |
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| 1 | | neighborhoods where data shows residence at any time after 1996 | 2 | | by children less than 6 years old with elevated lead blood | 3 | | levels equal to or greater than 10 micrograms per deciliter; | 4 | | residences with known lead service lines or lead solder; | 5 | | residences built before 1986; day care centers and day care | 6 | | homes as defined in 89 Ill. Admin. Code 405.2; child care | 7 | | institutions as defined in 89 Ill. Admin. Code 404.2; and | 8 | | census tracts where at least 20% of residents are living in | 9 | | poverty as defined by the U.S. Census Bureau. | 10 | | "Household action level" means the concentration of lead in | 11 | | water found in any single sample that determines the treatment | 12 | | requirements that a supplier must complete, which is 0.015 | 13 | | milligrams per liter. On and after the effective date of this | 14 | | Act, this definition of "household action level" supersedes the | 15 | | 90th percentile requirement set forth in 35 Ill. Adm. Code | 16 | | 611.350. This level shall be revised as needed to remain | 17 | | consistent with federal regulations in 40 CFR 141.80(c) and | 18 | | adopted in 35 Ill. Adm. Code 611.350(c).
| 19 | | "Non-community water system" means either a transient | 20 | | non-community water system or a non-transient non-community | 21 | | water system. "Non-community water system" does not include a | 22 | | community water system. | 23 | | "Non-transient, non-community water system" means a public | 24 | | water system that is not a community water system and that | 25 | | regularly serves at least 25 of the same persons over 6 months | 26 | | per year. |
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| 1 | | "Public water system" means a system for the provision to | 2 | | the public of water for human consumption through pipes or | 3 | | other constructed conveyances, if the system: has at least 15 | 4 | | service connections or regularly serves an average of at least | 5 | | 25 individuals daily at least 60 days out of the year; and is | 6 | | either a community water system or a non-community water | 7 | | system. "Public water system" includes: any collection, | 8 | | treatment, storage, and distribution facilities under the | 9 | | control of the operator of a public water system and used | 10 | | primarily in connection with a public water system; and any | 11 | | collection or pretreatment storage facilities not under the | 12 | | control of a public water system that are used primarily in | 13 | | connection with a public water system. "Public water system" | 14 | | does not include a special irrigation district. | 15 | | "Supplier of water" or "supplier" means any person who owns | 16 | | or operates a public water system.
| 17 | | "Transient, non-community water system" means a | 18 | | non-community water system that does not regularly serve at | 19 | | least 25 of the same persons over 6 months of the year.
| 20 | | Section 10. Scope. | 21 | | (a) This Act applies to community water systems, transient | 22 | | non-community water systems, and non-transient non-community | 23 | | water systems and their respective suppliers. | 24 | | (b) Community water systems are regulated by the Agency | 25 | | under the Environmental Protection Act. |
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| 1 | | (c) Transient non-community water systems and | 2 | | non-transient non-community water systems are regulated by the | 3 | | Department of Public Health under 35 Ill. Adm. Code 611. | 4 | | (d) The Agency and the Department of Public Health shall be | 5 | | responsible for enforcing the provisions of this Act for the | 6 | | respective water systems over which they have jurisdiction.
| 7 | | Section 15. Testing and reporting requirements. | 8 | | (a) No public water system may supply water with a lead | 9 | | level in excess of the household action level. The Agency and | 10 | | the Department of Public Health, by rule, shall enforce this | 11 | | requirement, including the establishment and enforcement of | 12 | | fines for its violation, and shall develop practices required | 13 | | to enforce this requirement, including but not limited to, | 14 | | requiring any public water system to notify the local health | 15 | | department, and the Agency or the Department of Public Health, | 16 | | as appropriate, if lead levels in any single water sample | 17 | | exceed the federal action level threshold, as established in 40 | 18 | | CFR 141.80(c) and adopted in 35 Ill. Adm. Code 611.350(c).
The | 19 | | public water system may investigate any samples in a timely | 20 | | manner, not to exceed 14 days, to eliminate sampling or | 21 | | analysis errors before being required to give notification of | 22 | | excessive lead levels, however, any such errors must be fully | 23 | | documented and explained in writing to the Agency or Department | 24 | | of Public Health, as appropriate. | 25 | | (b) Public water systems shall implement regular |
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| 1 | | monitoring in a manner that is representative of the | 2 | | distribution system. However, any monitoring under this | 3 | | subsection shall be in addition to the monitoring required | 4 | | under federal rules, and the public water system shall ensure | 5 | | that areas at higher risk of lead (including areas with known | 6 | | or suspected lead service lines) are emphasized in the | 7 | | monitoring program as required by federal rules. Additional | 8 | | monitoring sites beyond the high risk areas required to be | 9 | | monitored under federal rules must be evenly distributed | 10 | | throughout the geographic region covered by the public water | 11 | | system and testing sites must accurately represent the | 12 | | demographics of the region. Any determination as to whether the | 13 | | federal action level is exceeded shall be made in accordance | 14 | | with federal rules. | 15 | | (c) All water sampling must be conducted in accordance with | 16 | | the Agency's current guidance on tap sampling. The Agency shall | 17 | | ensure that monitoring is conducted in a manner and using | 18 | | protocols most likely to find lead that may be present in tap | 19 | | water; methods that reduce the likelihood of finding lead, | 20 | | including, but not limited to, pre-flushing, removal of aerator | 21 | | screens, or use of small-necked sampling bottles shall not be | 22 | | used. | 23 | | (d) Any public water system that changes its original water | 24 | | supply to a new water supply must conduct a corrosivity test | 25 | | and implement any applicable corrosion control treatment | 26 | | requirements. |
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| 1 | | (e) Any public water system that finds lead levels in | 2 | | excess of the household action level must reassess the | 3 | | corrosivity of its water supply and implement applicable | 4 | | corrosion control treatments. | 5 | | (f) Suppliers shall provide the opportunity for a consumer | 6 | | to self-test his or her water supply and provide testing | 7 | | results to the supplier. The results of consumer-initiated | 8 | | tests shall be reported to the local health department, and the | 9 | | Agency or the Department of Public Health, as appropriate, when | 10 | | results from a consumer-initiated test exceed the household | 11 | | action level. Suppliers shall compile all data received from | 12 | | consumer-initiated testing and use the results to assess the | 13 | | effectiveness of current corrosion control treatments.
The | 14 | | Agency shall make State testing labs available to suppliers to | 15 | | conduct testing of consumer-initiated water samples. | 16 | | (g) Suppliers shall conduct tap sampling in areas in which | 17 | | water mains, water pipes, or other plumbing fixtures have been | 18 | | replaced, repaired, or otherwise disturbed. Testing must be | 19 | | conducted monthly for a minimum of one year to ensure that lead | 20 | | levels do not exceed either the household action level or | 21 | | federal action level after any such disturbance of the water | 22 | | system. | 23 | | (h) The Agency shall prioritize lead abatement and lead | 24 | | cleanup projects when allocating funds from the Water Revolving | 25 | | Fund created in Section 19.3 of the Environmental Protection | 26 | | Act. |
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| 1 | | Section 20. Public education and notice requirements. | 2 | | (a) In addition to the public education requirements | 3 | | established in 35 Ill. Adm. Code 611.355, all suppliers shall | 4 | | provide supplemental public education programs and materials | 5 | | to residents of high-risk areas and vulnerable people, such as | 6 | | pregnant women and families with children. Suppliers must | 7 | | publish these supplemental public education programs and | 8 | | materials to the supplier's respective public website. The | 9 | | information set forth in paragraph (3) shall be included in | 10 | | each monthly bill sent from suppliers to customers residing in | 11 | | high risk areas. Such materials and programs shall include, but | 12 | | are not limited to, information on all of the following: | 13 | | (1) The health effects of lead, including: that lead | 14 | | can cause serious health problems if too much enters your | 15 | | body from drinking water or other sources; that lead can | 16 | | cause damage to the brain and kidneys, and can interfere | 17 | | with the production of red blood cells that carry oxygen to | 18 | | all parts of your body; that the greatest risk of lead | 19 | | exposure is to infants, young children, and pregnant women; | 20 | | that scientists have linked the effects of lead on the | 21 | | brain with lowered IQ in children; that adults with kidney | 22 | | problems and high blood pressure can be affected by low | 23 | | levels of lead more than healthy adults; that lead is | 24 | | stored in the bones, and it can be released later in life; | 25 | | and that during pregnancy, the child receives lead from the |
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| 1 | | mother's bones, which may affect brain development. | 2 | | (2) The sources of lead including explaining what lead | 3 | | is; explaining possible sources of lead in drinking water | 4 | | and how lead enters drinking water; information on home and | 5 | | building plumbing materials and service lines that may | 6 | | contain lead; and other important sources of lead exposure | 7 | | in addition to drinking water (such as paint). | 8 | | (3) Steps the consumer can take to reduce his or her | 9 | | exposure to lead in drinking water, including: encouraging | 10 | | running the drinking water to flush the lead out when lead | 11 | | has been found in his or her drinking water or when there | 12 | | is a risk of lead contamination in the water; explaining | 13 | | concerns with using hot water from the tap and specifically | 14 | | caution against the use of hot water for preparing baby | 15 | | formula when lead has been found in his or her drinking | 16 | | water or when there is a risk of lead contamination in the | 17 | | water; explaining that boiling water does not reduce lead | 18 | | levels; discussing other options consumers can take to | 19 | | reduce exposure to lead in drinking water, including use of | 20 | | water filters certified to remove lead; and suggesting that | 21 | | parents have their child's blood tested for lead. | 22 | | (4) How consumers can have their water tested, | 23 | | including consumer-initiated testing and reporting | 24 | | methods.
| 25 | | (b) The Agency and the Department of Public Health shall | 26 | | annually compile a comprehensive report about the status of |
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| 1 | | lead in drinking water supplies in Illinois including, but not | 2 | | limited to, information on current lead levels in the water | 3 | | supply, a comprehensive inventory of lead mains and lead | 4 | | service lines in the State, all efforts to reduce lead levels, | 5 | | and any necessary notices for high risk areas. The report shall | 6 | | be made accessible to the public on the websites of the Agency | 7 | | and the Department of Public Health. | 8 | | (c) All water suppliers shall publish notices regarding | 9 | | lead in drinking water on their public websites and send | 10 | | physical and electronic mailings to all consumers including:
| 11 | | (1) the current status of lead in the drinking water; | 12 | | (2) a summary of efforts being conducted by the | 13 | | supplier to reduce lead levels in drinking water; | 14 | | (3) a list of high risk areas and other areas where | 15 | | lead levels exceed the State or federal action levels; | 16 | | (4) measures consumers may take to reduce their | 17 | | exposure to lead in drinking water, including information | 18 | | set forth in paragraph (3) of subsection (a) of this | 19 | | Section; and | 20 | | (5) an explanation of consumer-initiated testing | 21 | | procedures available to the consumer.
| 22 | | Section 25. Rulemaking. Within 6 months after the effective | 23 | | date of this Act, the Agency and the Department of Public | 24 | | Health shall adopt rules under the Illinois Administrative | 25 | | Procedure Act necessary to implement the provisions of this Act |
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| 1 | | with respect to the water systems over which they have | 2 | | jurisdiction.".
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