State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


SB2072 Enrolled                               LRB9214133LBpcA

 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
SB2072 Enrolled             -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
SB2072 Enrolled             -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.
SB2072 Enrolled             -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
SB2072 Enrolled             -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
SB2072 Enrolled             -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
SB2072 Enrolled             -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
SB2072 Enrolled             -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, and the unit of local government affected.
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        (c)  A unit of local government  shall  take  any  action
23    that  it  deems  appropriate, such as informing any homeowner
24    who  potentially  could  be  adversely  affected,  within   a
25    reasonable  time  after  notification  by  the  Agency  under
26    subsection (a) of this Section.

27        Section  99.  Effective date.  This Act takes effect upon
28    becoming law.

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