State of Illinois
92nd General Assembly

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 1        AN ACT in relation to groundwater.

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

 4        Section  5.  The  Illinois  Groundwater Protection Act is
 5    amended by changing Section 9 as follows:

 6        (415 ILCS 55/9) (from Ch. 111 1/2, par. 7459)
 7        Sec. 9.  (a) As used in this Section, unless the  context
 8    clearly requires otherwise:
 9             (1)  "Community  water  system" means a public water
10        system which serves at least 15 service connections  used
11        by  residents  or  regularly serves at least 25 residents
12        for at least 60 days per year.
13             (2)  "Contaminant"  means  any  physical,  chemical,
14        biological, or radiological substance or matter in water.
15             (3)  "Department" means the Illinois  Department  of
16        Public Health.
17             (4)  "Non-community  water  system"  means  a public
18        water system which is not a community water  system,  and
19        has at least 15 service connections used by nonresidents,
20        or  regularly  serves  25 or more nonresident individuals
21        daily for at least 60 days per year.
22             (4.5)  "Non-transient, non-community  water  system"
23        means  a non-community water system that regularly serves
24        the same 25 or more persons at least 6 months per year.
25             (5)  "Private water system" means any  supply  which
26        provides  water  for  drinking,  culinary,  and  sanitary
27        purposes  and  serves  an  owner-occupied  single  family
28        dwelling.
29             (6)  "Public  water  system"  means a system for the
30        provision to the public of water  for  human  consumption
31        through  pipes  or  other constructed conveyances, if the
                            -2-                LRB9213788LDpc
 1        system has at least 15 service connections  or  regularly
 2        serves  an  average  of  at least 25 individuals daily at
 3        least 60 days per year.  A public water system is  either
 4        a  community  water system (CWS) or a non-community water
 5        system (non-CWS). The term "public water system" includes
 6        any  collection,  treatment,  storage   or   distribution
 7        facilities  under  control of the operator of such system
 8        and used primarily in connection with such system and any
 9        collection or pretreatment storage facilities  not  under
10        such  control which are used primarily in connection with
11        such system.
12             (7)  "Semi-private  water  system"  means  a   water
13        supply  which  is  not  a  public water system, yet which
14        serves  a  segment  of   the   public   other   than   an
15        owner-occupied single family dwelling.
16             (8)  "Supplier  of  water" means any person who owns
17        or operates a water system.
18        (b)  No non-community water system  may  be  constructed,
19    altered,  or  extended until plans, specifications, and other
20    information relative to such  system  are  submitted  to  and
21    reviewed  by  the  Department  for conformance with the rules
22    promulgated under this Section, and until a permit  for  such
23    activity  is issued by the Department.  As part of the permit
24    application,  all  new  non-transient,  non-community   water
25    systems must demonstrate technical, financial, and managerial
26    capacity consistent with the federal Safe Drinking Water Act.
27        (c)  All  private and semi-private water systems shall be
28    constructed in accordance with the rules promulgated  by  the
29    Department under this Section.
30        (d)  The   Department  shall  promulgate  rules  for  the
31    construction  and  operation   of   all   non-community   and
32    semi-private  water  systems.   Such  rules shall include but
33    need  not  be  limited  to:   the  establishment  of  maximum
34    contaminant  levels  no   more   stringent   than   federally
                            -3-                LRB9213788LDpc
 1    established   standards   where  such  standards  exist;  the
 2    maintenance of records; the establishment of requirements for
 3    the submission and frequency of submission of  water  samples
 4    by suppliers of water to determine the water quality; and the
 5    capacity demonstration requirements to ensure compliance with
 6    technical,  financial,  and managerial capacity provisions of
 7    the federal Safe Drinking Water Act.
 8        (e)  Borings, water monitoring wells, and  wells  subject
 9    to  this Act shall, at a minimum, be abandoned and plugged in
10    accordance with the requirements of Sections 16 and 19 of the
11    Illinois Oil and Gas Act, and such rules as  are  promulgated
12    thereunder.   Nothing  herein  shall  preclude the Department
13    from adopting plugging and abandonment requirements which are
14    more stringent than the rules of the  Department  of  Natural
15    Resources where necessary to protect the public health.
16        (f)  The Department shall inspect all non-community water
17    systems  for  the  purpose of determining compliance with the
18    provisions of this Section and  the  regulations  promulgated
19    hereunder.
20        (g)  The  Department may inspect semi-private and private
21    water systems for the purpose of determining compliance  with
22    the   provisions   of   this   Section  and  the  regulations
23    promulgated hereunder.
24        (h)  The supplier of water shall be given written  notice
25    of  all  violations  of this Section or the rules promulgated
26    hereunder and all such violations shall  be  corrected  in  a
27    manner and time specified by the Department.
28        (i)  The    Department   may   conduct   inspections   to
29    investigate   the   construction   or   water   quality    of
30    non-community   or   semi-private   water   systems,  or  the
31    construction of private water systems. Upon  request  of  the
32    owner or user, the Department may also conduct investigations
33    of the water quality of private water systems.
34        (j)  The  supplier  of water for a private, semi-private,
                            -4-                LRB9213788LDpc
 1    or non-community water system shall allow the Department  and
 2    its   authorized  agents  access  to  such  premises  at  all
 3    reasonable times for the purpose of inspection.
 4        (k)  The Department may  designate  full-time  county  or
 5    multiple-county   health   departments   as   its  agents  to
 6    facilitate the implementation of this Section.
 7        (l)  The Department shall promulgate  and  publish  rules
 8    necessary for the enforcement of this Section.
 9        (m)  Whenever   a  non-community  or  semi-private  water
10    system fails to comply with an applicable maximum contaminant
11    level at the point of use, the supplier of water  shall  give
12    public  notification  by the conspicuous posting of notice of
13    such failure as long as the failure  continues.   The  notice
14    shall  be  written  in  a manner reasonably designed to fully
15    inform users of the system that a drinking  water  regulation
16    has been violated, and shall disclose all material facts. All
17    non-transient,  non-community  water systems must demonstrate
18    technical, financial, and managerial capacity consistent with
19    the federal Safe Drinking Water Act.
20        (n)  The  provisions  of  the   Illinois   Administrative
21    Procedure  Act,  are hereby expressly adopted and shall apply
22    to all administrative rules and procedures of the  Department
23    of  Public  Health under this Section, except that in case of
24    conflict between the Illinois  Administrative  Procedure  Act
25    and  this  Section  the  provisions  of  this  Section  shall
26    control;  and  except  that  Section  5-35  of  the  Illinois
27    Administrative  Procedure  Act  relating  to  procedures  for
28    rulemaking  shall  not  apply  to  the  adoption  of any rule
29    required  by  federal  law  in  connection  with  which   the
30    Department   is   precluded   by   law  from  exercising  any
31    discretion.
32        (o)  All final administrative decisions of the Department
33    issued pursuant to this Section shall be subject to  judicial
34    review  pursuant  to  the  provisions  of  the Administrative
                            -5-                LRB9213788LDpc
 1    Review Law and the rules adopted pursuant thereto.  The  term
 2    "administrative  decision"  is defined as in Section 3-101 of
 3    the Code of Civil Procedure.
 4        (p)  The  Director,  after  notice  and  opportunity  for
 5    hearing to the applicant, may  deny,  suspend,  or  revoke  a
 6    permit  in  any  case in which he or she finds that there has
 7    been a substantial failure to comply with the  provisions  of
 8    this   Section   or  the  standards,  rules  and  regulations
 9    established by virtue thereof.
10        Such notice shall be effected by  certified  mail  or  by
11    personal service setting forth the particular reasons for the
12    proposed action and fixing a date, not less than 15 days from
13    the  date  of  such  mailing  or  service,  at which time the
14    applicant shall be given an opportunity to request hearing.
15        The hearing shall be conducted by the Director or  by  an
16    individual  designated  in writing by the Director as Hearing
17    Officer to conduct the hearing.  On the  basis  of  any  such
18    hearing, or upon default of the applicant, the Director shall
19    make  a  determination  specifying  his  or  her findings and
20    conclusions.  A copy of such determination shall be  sent  by
21    certified mail or served personally upon the applicant.
22        (q)  The  procedure governing hearings authorized by this
23    Section shall be in accordance with rules promulgated by  the
24    Department.   A full and complete record shall be kept of all
25    proceedings, including the notice of hearing,  complaint  and
26    all  other  documents  in  the  nature  of pleadings, written
27    motions filed in the proceedings, and the report  and  orders
28    of  the Director and Hearing Officer.  All testimony shall be
29    reported but need not be transcribed  unless  review  of  the
30    decision is sought pursuant to the Administrative Review Law.
31    Copies  of  the  transcript may be obtained by any interested
32    party on payment of the cost of preparing such  copies.   The
33    Director or Hearing Officer shall, upon his or her own motion
34    or  on  the  written  request of any party to the proceeding,
                            -6-                LRB9213788LDpc
 1    issue subpoenas requiring the attendance and  the  giving  of
 2    testimony  by  witnesses, and subpoenas duces tecum requiring
 3    the production of books, papers, records or  memoranda.   All
 4    subpoenas and subpoenas duces tecum issued under the terms of
 5    this  Section  may be served by any person of legal age.  The
 6    fees of witnesses for attendance and travel shall be the same
 7    as the fees of witnesses before the circuit  courts  of  this
 8    State,  such fees to be paid when the witness is excused from
 9    further attendance.  When the witness is  subpoenaed  at  the
10    instance  of the Director or Hearing Officer, such fees shall
11    be  paid  in  the  same  manner  as  other  expenses  of  the
12    Department,  and  when  the  witness  is  subpoenaed  at  the
13    instance of any other  party  to  any  such  proceeding,  the
14    Department  may  require  that  the  cost  of  service of the
15    subpoena or subpoena duces tecum and the fee of  the  witness
16    be  borne  by  the  party  at  whose  instance the witness is
17    summoned.  In such case, the Department, in  its  discretion,
18    may  require  a deposit to cover the cost of such service and
19    witness fees.  A subpoena or subpoena duces tecum  so  issued
20    shall  be served in the same manner as a subpoena issued by a
21    circuit court.
22        (r)  Any  circuit  court  of   this   State,   upon   the
23    application  of  the  Director or upon the application of any
24    other party to the proceeding, may, in its discretion, compel
25    the attendance of witnesses, the production of books, papers,
26    records or memoranda and the giving of testimony  before  the
27    Director  or  Hearing  Officer conducting an investigation or
28    holding  a  hearing  authorized  by  this  Section,   by   an
29    attachment  for  contempt or otherwise, in the same manner as
30    production of evidence may be compelled before the court.
31        (s)  The Director or Hearing Officer, or any party in  an
32    investigation or hearing before the Department, may cause the
33    depositions  of witnesses within the State to be taken in the
34    manner prescribed  by  law  for  like  depositions  in  civil
                            -7-                LRB9213788LDpc
 1    actions  in  courts of this State, and to that end compel the
 2    attendance of witnesses and the production of books,  papers,
 3    records, or memoranda.
 4        (t)  Any  person who violates this Section or any rule or
 5    regulation adopted by the Department,  or  who  violates  any
 6    determination  or order of the Department under this Section,
 7    shall be guilty of a Class A misdemeanor and shall be fined a
 8    sum not less than $100.  Each day's violation  constitutes  a
 9    separate  offense.   The  State's  Attorney  of the county in
10    which the violation occurs, or the Attorney  General  of  the
11    State  of Illinois, may bring such actions in the name of the
12    People of the State of Illinois; or may in addition to  other
13    remedies  provided  in  this  Section,  bring  action  for an
14    injunction to restrain  such  violation,  or  to  enjoin  the
15    operation of any establishment.
16        (u)  The  State  of  Illinois,  and  all of its agencies,
17    institutions, offices and subdivisions shall comply with  all
18    requirements,  prohibitions  and  other  provisions  of  this
19    Section and regulations adopted thereunder.
20        (v)  No  agency  of  the State shall authorize, permit or
21    license the construction or operation of any potential route,
22    potential primary source, or potential secondary  source,  as
23    those  terms are defined in the Environmental Protection Act,
24    in  violation  of  any  provision  of  this  Section  or  the
25    regulations adopted hereunder.
26        (w)  This Section shall not apply  to  any  water  supply
27    which  is  connected  to  a  community  water supply which is
28    regulated under the Environmental Protection Act.
29        (x)  Before any property upon which there exists  a  well
30    containing water that is used for drinking by the inhabitants
31    of the property can be sold, the owner must have the water in
32    the  well  tested  for  groundwater contaminants. If the well
33    water  does  not  meet  the   Board's   Groundwater   Quality
34    Standards,  the  owner  of  the  property shall so notify the
                            -8-                LRB9213788LDpc
 1    Department and the prospective buyer of  the  property.  This
 2    subsection  (x)  applies  regardless  of  whether  there is a
 3    dwelling or other structure on the property.
 4    (Source: P.A. 92-369, eff. 8-15-01.)

 5        Section 99.   Effective  date.   This  Act  takes  effect
 6    January 1, 2003.

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