State of Illinois
92nd General Assembly

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]



 1        AN ACT concerning environmental protection.

 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 and by adding  Section  9.1  as
 6    follows:

 7        (415 ILCS 55/9) (from Ch. 111 1/2, par. 7459)
 8        Sec.  9.  (a) As used in this Section, unless the context
 9    clearly requires otherwise:
10             (1)  "Community water system" means a  public  water
11        system  which serves at least 15 service connections used
12        by residents or regularly serves at  least  25  residents
13        for at least 60 days per year.
14             (2)  "Contaminant"  means  any  physical,  chemical,
15        biological, or radiological substance or matter in water.
16             (3)  "Department"  means  the Illinois Department of
17        Public Health.
18             (4)  "Non-community water  system"  means  a  public
19        water  system  which is not a community water system, and
20        has at least 15 service connections used by nonresidents,
21        or regularly serves 25 or  more  nonresident  individuals
22        daily for at least 60 days per year.
23             (4.5)  "Non-transient,  non-community  water system"
24        means a non-community water system that regularly  serves
25        the same 25 or more persons at least 6 months per year.
26             (5)  "Private  water  system" means any supply which
27        provides  water  for  drinking,  culinary,  and  sanitary
28        purposes  and  serves  an  owner-occupied  single  family
29        dwelling.
30             (6)  "Public water system" means a  system  for  the
31        provision  to  the  public of water for human consumption
                            -2-               LRB9214133LBpcA
 1        through pipes or other constructed  conveyances,  if  the
 2        system  has  at least 15 service connections or regularly
 3        serves an average of at least  25  individuals  daily  at
 4        least  60 days per year.  A public water system is either
 5        a community water system (CWS) or a  non-community  water
 6        system (non-CWS). The term "public water system" includes
 7        any   collection,   treatment,  storage  or  distribution
 8        facilities under control of the operator of  such  system
 9        and used primarily in connection with such system and any
10        collection  or  pretreatment storage facilities not under
11        such control which are used primarily in connection  with
12        such system.
13             (7)  "Semi-private   water  system"  means  a  water
14        supply which is not a  public  water  system,  yet  which
15        serves   a   segment   of   the   public  other  than  an
16        owner-occupied single family dwelling.
17             (8)  "Supplier of water" means any person  who  owns
18        or operates a water system.
19        (b)  No  non-community  water  system may be constructed,
20    altered, or extended until plans, specifications,  and  other
21    information  relative  to  such  system  are submitted to and
22    reviewed by the Department for  conformance  with  the  rules
23    promulgated  under  this Section, and until a permit for such
24    activity is issued by the Department.  As part of the  permit
25    application,   all  new  non-transient,  non-community  water
26    systems must demonstrate technical, financial, and managerial
27    capacity consistent with the federal Safe Drinking Water Act.
28        (c)  All private and semi-private water systems shall  be
29    constructed  in  accordance with the rules promulgated by the
30    Department under this Section.
31        (d)  The  Department  shall  promulgate  rules  for   the
32    construction   and   operation   of   all  non-community  and
33    semi-private water systems.  Such  rules  shall  include  but
34    need  not  be  limited  to:   the  establishment  of  maximum
                            -3-               LRB9214133LBpcA
 1    contaminant   levels   no   more   stringent  than  federally
 2    established  standards  where  such  standards   exist;   the
 3    maintenance of records; the establishment of requirements for
 4    the  submission  and frequency of submission of water samples
 5    by suppliers of water to determine the water quality; and the
 6    capacity demonstration requirements to ensure compliance with
 7    technical, financial, and managerial capacity  provisions  of
 8    the federal Safe Drinking Water Act.
 9        (e)  Borings,  water  monitoring wells, and wells subject
10    to this Act shall, at a minimum, be abandoned and plugged  in
11    accordance with the requirements of Sections 16 and 19 of the
12    Illinois  Oil  and Gas Act, and such rules as are promulgated
13    thereunder.  Nothing herein  shall  preclude  the  Department
14    from adopting plugging and abandonment requirements which are
15    more  stringent  than  the rules of the Department of Natural
16    Resources where necessary to protect the public health.
17        (f)  The Department shall inspect all non-community water
18    systems for the purpose of determining  compliance  with  the
19    provisions  of  this  Section and the regulations promulgated
20    hereunder.
21        (g)  The Department may inspect semi-private and  private
22    water  systems for the purpose of determining compliance with
23    the  provisions  of  this   Section   and   the   regulations
24    promulgated hereunder.
25        (h)  The  supplier of water shall be given written notice
26    of all violations of this Section or  the  rules  promulgated
27    hereunder  and  all  such  violations shall be corrected in a
28    manner and time specified by the Department.
29        (i)  The   Department   may   conduct   inspections    to
30    investigate    the   construction   or   water   quality   of
31    non-community  or  semi-private   water   systems,   or   the
32    construction  of  private  water systems. Upon request of the
33    owner or user, the Department may also conduct investigations
34    of the water quality of private water systems.
                            -4-               LRB9214133LBpcA
 1        (j)  The supplier of water for a  private,  semi-private,
 2    or  non-community water system shall allow the Department and
 3    its  authorized  agents  access  to  such  premises  at   all
 4    reasonable times for the purpose of inspection.
 5        (k)  The  Department  may  designate  full-time county or
 6    multiple-county  health  departments   as   its   agents   to
 7    facilitate the implementation of this Section.
 8        (l)  The  Department  shall  promulgate and publish rules
 9    necessary for the enforcement of this Section.
10        (m)  Whenever  a  non-community  or  semi-private   water
11    system fails to comply with an applicable maximum contaminant
12    level  at  the point of use, the supplier of water shall give
13    public notification by the conspicuous posting of  notice  of
14    such  failure  as  long as the failure continues.  The notice
15    shall be written in a manner  reasonably  designed  to  fully
16    inform  users  of the system that a drinking water regulation
17    has been violated, and shall disclose all material facts. All
18    non-transient, non-community water systems  must  demonstrate
19    technical, financial, and managerial capacity consistent with
20    the federal Safe Drinking Water Act.
21        (n)  The   provisions   of  the  Illinois  Administrative
22    Procedure Act, are hereby expressly adopted and  shall  apply
23    to  all administrative rules and procedures of the Department
24    of Public Health under this Section, except that in  case  of
25    conflict  between  the  Illinois Administrative Procedure Act
26    and  this  Section  the  provisions  of  this  Section  shall
27    control;  and  except  that  Section  5-35  of  the  Illinois
28    Administrative  Procedure  Act  relating  to  procedures  for
29    rulemaking shall not  apply  to  the  adoption  of  any  rule
30    required   by  federal  law  in  connection  with  which  the
31    Department  is  precluded  by   law   from   exercising   any
32    discretion.
33        (o)  All final administrative decisions of the Department
34    issued  pursuant to this Section shall be subject to judicial
                            -5-               LRB9214133LBpcA
 1    review pursuant  to  the  provisions  of  the  Administrative
 2    Review  Law and the rules adopted pursuant thereto.  The term
 3    "administrative decision" is defined as in Section  3-101  of
 4    the Code of Civil Procedure.
 5        (p)  The  Director,  after  notice  and  opportunity  for
 6    hearing  to  the  applicant,  may  deny, suspend, or revoke a
 7    permit in any case in which he or she finds  that  there  has
 8    been  a  substantial failure to comply with the provisions of
 9    this  Section  or  the  standards,  rules   and   regulations
10    established by virtue thereof.
11        Such  notice  shall  be  effected by certified mail or by
12    personal service setting forth the particular reasons for the
13    proposed action and fixing a date, not less than 15 days from
14    the date of such  mailing  or  service,  at  which  time  the
15    applicant shall be given an opportunity to request hearing.
16        The  hearing  shall be conducted by the Director or by an
17    individual designated in writing by the Director  as  Hearing
18    Officer  to  conduct  the  hearing.  On the basis of any such
19    hearing, or upon default of the applicant, the Director shall
20    make a determination  specifying  his  or  her  findings  and
21    conclusions.   A  copy of such determination shall be sent by
22    certified mail or served personally upon the applicant.
23        (q)  The procedure governing hearings authorized by  this
24    Section  shall be in accordance with rules promulgated by the
25    Department.  A full and complete record shall be kept of  all
26    proceedings,  including  the notice of hearing, complaint and
27    all other documents  in  the  nature  of  pleadings,  written
28    motions  filed  in the proceedings, and the report and orders
29    of the Director and Hearing Officer.  All testimony shall  be
30    reported  but  need  not  be transcribed unless review of the
31    decision is sought pursuant to the Administrative Review Law.
32    Copies of the transcript may be obtained  by  any  interested
33    party  on  payment of the cost of preparing such copies.  The
34    Director or Hearing Officer shall, upon his or her own motion
                            -6-               LRB9214133LBpcA
 1    or on the written request of any  party  to  the  proceeding,
 2    issue  subpoenas  requiring  the attendance and the giving of
 3    testimony by witnesses, and subpoenas duces  tecum  requiring
 4    the  production  of books, papers, records or memoranda.  All
 5    subpoenas and subpoenas duces tecum issued under the terms of
 6    this Section may be served by any person of legal  age.   The
 7    fees of witnesses for attendance and travel shall be the same
 8    as  the  fees  of witnesses before the circuit courts of this
 9    State, such fees to be paid when the witness is excused  from
10    further  attendance.   When  the witness is subpoenaed at the
11    instance of the Director or Hearing Officer, such fees  shall
12    be  paid  in  the  same  manner  as  other  expenses  of  the
13    Department,  and  when  the  witness  is  subpoenaed  at  the
14    instance  of  any  other  party  to  any such proceeding, the
15    Department may require  that  the  cost  of  service  of  the
16    subpoena  or  subpoena duces tecum and the fee of the witness
17    be borne by the  party  at  whose  instance  the  witness  is
18    summoned.   In  such case, the Department, in its discretion,
19    may require a deposit to cover the cost of such  service  and
20    witness  fees.   A subpoena or subpoena duces tecum so issued
21    shall be served in the same manner as a subpoena issued by  a
22    circuit court.
23        (r)  Any   circuit   court   of   this  State,  upon  the
24    application of the Director or upon the  application  of  any
25    other party to the proceeding, may, in its discretion, compel
26    the attendance of witnesses, the production of books, papers,
27    records  or  memoranda and the giving of testimony before the
28    Director or Hearing Officer conducting  an  investigation  or
29    holding   a   hearing  authorized  by  this  Section,  by  an
30    attachment for contempt or otherwise, in the same  manner  as
31    production of evidence may be compelled before the court.
32        (s)  The  Director or Hearing Officer, or any party in an
33    investigation or hearing before the Department, may cause the
34    depositions of witnesses within the State to be taken in  the
                            -7-               LRB9214133LBpcA
 1    manner  prescribed  by  law  for  like  depositions  in civil
 2    actions in courts of this State, and to that end  compel  the
 3    attendance  of witnesses and the production of books, papers,
 4    records, or memoranda.
 5        (t)  Any person who violates this Section or any rule  or
 6    regulation  adopted  by  the  Department, or who violates any
 7    determination or order of the Department under this  Section,
 8    shall be guilty of a Class A misdemeanor and shall be fined a
 9    sum  not  less than $100.  Each day's violation constitutes a
10    separate offense.  The State's  Attorney  of  the  county  in
11    which  the  violation  occurs, or the Attorney General of the
12    State of Illinois, may bring such actions in the name of  the
13    People  of the State of Illinois; or may in addition to other
14    remedies provided  in  this  Section,  bring  action  for  an
15    injunction  to  restrain  such  violation,  or  to enjoin the
16    operation of any establishment.
17        (u)  The State of Illinois,  and  all  of  its  agencies,
18    institutions,  offices and subdivisions shall comply with all
19    requirements,  prohibitions  and  other  provisions  of  this
20    Section and regulations adopted thereunder.
21        (v)  No agency of the State shall  authorize,  permit  or
22    license the construction or operation of any potential route,
23    potential  primary  source, or potential secondary source, as
24    those terms are defined in the Environmental Protection  Act,
25    in  violation  of  any  provision  of  this  Section  or  the
26    regulations adopted hereunder.
27        (w)  This  Section  shall  not  apply to any water supply
28    which is connected to  a  community  water  supply  which  is
29    regulated  under  the Environmental Protection Act, except as
30    provided in Section 9.1.
31    (Source: P.A. 92-369, eff. 8-15-01.)

32        (415 ILCS 55/9.1 new)
33        Sec.   9.1.  Notification   of   actual   or    potential
                            -8-               LRB9214133LBpcA
 1    contamination.
 2        (a)  Whenever  the Agency identifies any volatile organic
 3    compound  in  excess  of  the  Board's  Groundwater   Quality
 4    Standards  or the Safe Drinking Water Act maximum contaminant
 5    level while performing its obligations  under  Section  7  of
 6    this  Act,  Section 13.1 of the Environmental Protection Act,
 7    or the federal Safe Drinking  Water  Act,  the  Agency  shall
 8    notify  the  Department, unless notification has already been
 9    provided.
10        (b)  Within 60 days of receipt of notice provided for  in
11    subsection  (a)  of  this  Section,  the  Department,  or the
12    Department in coordination with the delegated  county  health
13    department,  shall  provide  notice to the public identifying
14    the contaminants of concern.  The notice shall be provided by
15    means of electronic or print media and must  be  designed  to
16    inform  the  owner  of any private water system, semi-private
17    water system, or non-community public water system within  an
18    area  potentially affected by the identified contamination of
19    the need for the system owner to test the system for possible
20    contamination.  The notice shall appear in the  media  for  3
21    consecutive weeks.

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.

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