State of Illinois
92nd General Assembly

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 1                    AMENDMENT TO SENATE BILL 2072

 2        AMENDMENT NO.     .  Amend Senate Bill 2072 by  replacing
 3    everything after the enacting clause with the following:

 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.
                            -2-            LRB9214133LBpram02
 1             (4.5)  "Non-transient,  non-community  water system"
 2        means a non-community water system that regularly  serves
 3        the same 25 or more persons at least 6 months per year.
 4             (5)  "Private  water  system" means any supply which
 5        provides  water  for  drinking,  culinary,  and  sanitary
 6        purposes  and  serves  an  owner-occupied  single  family
 7        dwelling.
 8             (6)  "Public water system" means a  system  for  the
 9        provision  to  the  public of water for human consumption
10        through pipes or other constructed  conveyances,  if  the
11        system  has  at least 15 service connections or regularly
12        serves an average of at least  25  individuals  daily  at
13        least  60 days per year.  A public water system is either
14        a community water system (CWS) or a  non-community  water
15        system (non-CWS). The term "public water system" includes
16        any   collection,   treatment,  storage  or  distribution
17        facilities under control of the operator of  such  system
18        and used primarily in connection with such system and any
19        collection  or  pretreatment storage facilities not under
20        such control which are used primarily in connection  with
21        such system.
22             (7)  "Semi-private   water  system"  means  a  water
23        supply which is not a  public  water  system,  yet  which
24        serves   a   segment   of   the   public  other  than  an
25        owner-occupied single family dwelling.
26             (8)  "Supplier of water" means any person  who  owns
27        or operates a water system.
28        (b)  No  non-community  water  system may be constructed,
29    altered, or extended until plans, specifications,  and  other
30    information  relative  to  such  system  are submitted to and
31    reviewed by the Department for  conformance  with  the  rules
32    promulgated  under  this Section, and until a permit for such
33    activity is issued by the Department.  As part of the  permit
34    application,   all  new  non-transient,  non-community  water
                            -3-            LRB9214133LBpram02
 1    systems must demonstrate technical, financial, and managerial
 2    capacity consistent with the federal Safe Drinking Water Act.
 3        (c)  All private and semi-private water systems shall  be
 4    constructed  in  accordance with the rules promulgated by the
 5    Department under this Section.
 6        (d)  The  Department  shall  promulgate  rules  for   the
 7    construction   and   operation   of   all  non-community  and
 8    semi-private water systems.  Such  rules  shall  include  but
 9    need  not  be  limited  to:   the  establishment  of  maximum
10    contaminant   levels   no   more   stringent  than  federally
11    established  standards  where  such  standards   exist;   the
12    maintenance of records; the establishment of requirements for
13    the  submission  and frequency of submission of water samples
14    by suppliers of water to determine the water quality; and the
15    capacity demonstration requirements to ensure compliance with
16    technical, financial, and managerial capacity  provisions  of
17    the federal Safe Drinking Water Act.
18        (e)  Borings,  water  monitoring wells, and wells subject
19    to this Act shall, at a minimum, be abandoned and plugged  in
20    accordance with the requirements of Sections 16 and 19 of the
21    Illinois  Oil  and Gas Act, and such rules as are promulgated
22    thereunder.  Nothing herein  shall  preclude  the  Department
23    from adopting plugging and abandonment requirements which are
24    more  stringent  than  the rules of the Department of Natural
25    Resources where necessary to protect the public health.
26        (f)  The Department shall inspect all non-community water
27    systems for the purpose of determining  compliance  with  the
28    provisions  of  this  Section and the regulations promulgated
29    hereunder.
30        (g)  The Department may inspect semi-private and  private
31    water  systems for the purpose of determining compliance with
32    the  provisions  of  this   Section   and   the   regulations
33    promulgated hereunder.
34        (h)  The  supplier of water shall be given written notice
                            -4-            LRB9214133LBpram02
 1    of all violations of this Section or  the  rules  promulgated
 2    hereunder  and  all  such  violations shall be corrected in a
 3    manner and time specified by the Department.
 4        (i)  The   Department   may   conduct   inspections    to
 5    investigate    the   construction   or   water   quality   of
 6    non-community  or  semi-private   water   systems,   or   the
 7    construction  of  private  water systems. Upon request of the
 8    owner or user, the Department may also conduct investigations
 9    of the water quality of private water systems.
10        (j)  The supplier of water for a  private,  semi-private,
11    or  non-community water system shall allow the Department and
12    its  authorized  agents  access  to  such  premises  at   all
13    reasonable times for the purpose of inspection.
14        (k)  The  Department  may  designate  full-time county or
15    multiple-county  health  departments   as   its   agents   to
16    facilitate the implementation of this Section.
17        (l)  The  Department  shall  promulgate and publish rules
18    necessary for the enforcement of this Section.
19        (m)  Whenever  a  non-community  or  semi-private   water
20    system fails to comply with an applicable maximum contaminant
21    level  at  the point of use, the supplier of water shall give
22    public notification by the conspicuous posting of  notice  of
23    such  failure  as  long as the failure continues.  The notice
24    shall be written in a manner  reasonably  designed  to  fully
25    inform  users  of the system that a drinking water regulation
26    has been violated, and shall disclose all material facts. All
27    non-transient, non-community water systems  must  demonstrate
28    technical, financial, and managerial capacity consistent with
29    the federal Safe Drinking Water Act.
30        (n)  The   provisions   of  the  Illinois  Administrative
31    Procedure Act, are hereby expressly adopted and  shall  apply
32    to  all administrative rules and procedures of the Department
33    of Public Health under this Section, except that in  case  of
34    conflict  between  the  Illinois Administrative Procedure Act
                            -5-            LRB9214133LBpram02
 1    and  this  Section  the  provisions  of  this  Section  shall
 2    control;  and  except  that  Section  5-35  of  the  Illinois
 3    Administrative  Procedure  Act  relating  to  procedures  for
 4    rulemaking shall not  apply  to  the  adoption  of  any  rule
 5    required   by  federal  law  in  connection  with  which  the
 6    Department  is  precluded  by   law   from   exercising   any
 7    discretion.
 8        (o)  All final administrative decisions of the Department
 9    issued  pursuant to this Section shall be subject to judicial
10    review pursuant  to  the  provisions  of  the  Administrative
11    Review  Law and the rules adopted pursuant thereto.  The term
12    "administrative decision" is defined as in Section  3-101  of
13    the Code of Civil Procedure.
14        (p)  The  Director,  after  notice  and  opportunity  for
15    hearing  to  the  applicant,  may  deny, suspend, or revoke a
16    permit in any case in which he or she finds  that  there  has
17    been  a  substantial failure to comply with the provisions of
18    this  Section  or  the  standards,  rules   and   regulations
19    established by virtue thereof.
20        Such  notice  shall  be  effected by certified mail or by
21    personal service setting forth the particular reasons for the
22    proposed action and fixing a date, not less than 15 days from
23    the date of such  mailing  or  service,  at  which  time  the
24    applicant shall be given an opportunity to request hearing.
25        The  hearing  shall be conducted by the Director or by an
26    individual designated in writing by the Director  as  Hearing
27    Officer  to  conduct  the  hearing.  On the basis of any such
28    hearing, or upon default of the applicant, the Director shall
29    make a determination  specifying  his  or  her  findings  and
30    conclusions.   A  copy of such determination shall be sent by
31    certified mail or served personally upon the applicant.
32        (q)  The procedure governing hearings authorized by  this
33    Section  shall be in accordance with rules promulgated by the
34    Department.  A full and complete record shall be kept of  all
                            -6-            LRB9214133LBpram02
 1    proceedings,  including  the notice of hearing, complaint and
 2    all other documents  in  the  nature  of  pleadings,  written
 3    motions  filed  in the proceedings, and the report and orders
 4    of the Director and Hearing Officer.  All testimony shall  be
 5    reported  but  need  not  be transcribed unless review of the
 6    decision is sought pursuant to the Administrative Review Law.
 7    Copies of the transcript may be obtained  by  any  interested
 8    party  on  payment of the cost of preparing such copies.  The
 9    Director or Hearing Officer shall, upon his or her own motion
10    or on the written request of any  party  to  the  proceeding,
11    issue  subpoenas  requiring  the attendance and the giving of
12    testimony by witnesses, and subpoenas duces  tecum  requiring
13    the  production  of books, papers, records or memoranda.  All
14    subpoenas and subpoenas duces tecum issued under the terms of
15    this Section may be served by any person of legal  age.   The
16    fees of witnesses for attendance and travel shall be the same
17    as  the  fees  of witnesses before the circuit courts of this
18    State, such fees to be paid when the witness is excused  from
19    further  attendance.   When  the witness is subpoenaed at the
20    instance of the Director or Hearing Officer, such fees  shall
21    be  paid  in  the  same  manner  as  other  expenses  of  the
22    Department,  and  when  the  witness  is  subpoenaed  at  the
23    instance  of  any  other  party  to  any such proceeding, the
24    Department may require  that  the  cost  of  service  of  the
25    subpoena  or  subpoena duces tecum and the fee of the witness
26    be borne by the  party  at  whose  instance  the  witness  is
27    summoned.   In  such case, the Department, in its discretion,
28    may require a deposit to cover the cost of such  service  and
29    witness  fees.   A subpoena or subpoena duces tecum so issued
30    shall be served in the same manner as a subpoena issued by  a
31    circuit court.
32        (r)  Any   circuit   court   of   this  State,  upon  the
33    application of the Director or upon the  application  of  any
34    other party to the proceeding, may, in its discretion, compel
                            -7-            LRB9214133LBpram02
 1    the attendance of witnesses, the production of books, papers,
 2    records  or  memoranda and the giving of testimony before the
 3    Director or Hearing Officer conducting  an  investigation  or
 4    holding   a   hearing  authorized  by  this  Section,  by  an
 5    attachment for contempt or otherwise, in the same  manner  as
 6    production of evidence may be compelled before the court.
 7        (s)  The  Director or Hearing Officer, or any party in an
 8    investigation or hearing before the Department, may cause the
 9    depositions of witnesses within the State to be taken in  the
10    manner  prescribed  by  law  for  like  depositions  in civil
11    actions in courts of this State, and to that end  compel  the
12    attendance  of witnesses and the production of books, papers,
13    records, or memoranda.
14        (t)  Any person who violates this Section or any rule  or
15    regulation  adopted  by  the  Department, or who violates any
16    determination or order of the Department under this  Section,
17    shall be guilty of a Class A misdemeanor and shall be fined a
18    sum  not  less than $100.  Each day's violation constitutes a
19    separate offense.  The State's  Attorney  of  the  county  in
20    which  the  violation  occurs, or the Attorney General of the
21    State of Illinois, may bring such actions in the name of  the
22    People  of the State of Illinois; or may in addition to other
23    remedies provided  in  this  Section,  bring  action  for  an
24    injunction  to  restrain  such  violation,  or  to enjoin the
25    operation of any establishment.
26        (u)  The State of Illinois,  and  all  of  its  agencies,
27    institutions,  offices and subdivisions shall comply with all
28    requirements,  prohibitions  and  other  provisions  of  this
29    Section and regulations adopted thereunder.
30        (v)  No agency of the State shall  authorize,  permit  or
31    license the construction or operation of any potential route,
32    potential  primary  source, or potential secondary source, as
33    those terms are defined in the Environmental Protection  Act,
34    in  violation  of  any  provision  of  this  Section  or  the
                            -8-            LRB9214133LBpram02
 1    regulations adopted hereunder.
 2        (w)  This  Section  shall  not  apply to any water supply
 3    which is connected to  a  community  water  supply  which  is
 4    regulated  under  the Environmental Protection Act, except as
 5    provided in Section 9.1.
 6    (Source: P.A. 92-369, eff. 8-15-01.)

 7        (415 ILCS 55/9.1 new)
 8        Sec.   9.1.  Notification   of   actual   or    potential
 9    contamination.
10        (a)  Whenever  the Agency identifies any volatile organic
11    compound  in  excess  of  the  Board's  Groundwater   Quality
12    Standards  or the Safe Drinking Water Act maximum contaminant
13    level while performing its obligations  under  Section  7  of
14    this  Act,  Section 13.1 of the Environmental Protection Act,
15    or the federal Safe Drinking  Water  Act,  the  Agency  shall
16    notify  the  Department, unless notification has already been
17    provided, and the unit of local government affected.
18        (b)  Within 60 days of receipt of notice provided for  in
19    subsection  (a)  of  this  Section,  the  Department,  or the
20    Department in coordination with the delegated  county  health
21    department,  shall  provide  notice to the public identifying
22    the contaminants of concern.  The notice shall be provided by
23    means of electronic or print media and must  be  designed  to
24    inform  the  owner  of any private water system, semi-private
25    water system, or non-community public water system within  an
26    area  potentially affected by the identified contamination of
27    the need for the system owner to test the system for possible
28    contamination.  The notice shall appear in the  media  for  3
29    consecutive weeks.
30        (c)  A  unit  of  local  government shall take any action
31    that it deems appropriate, such as  informing  any  homeowner
32    who   potentially  could  be  adversely  affected,  within  a
33    reasonable  time  after  notification  by  the  Agency  under
                            -9-            LRB9214133LBpram02
 1    subsection (a) of this Section.

 2        Section 99.  Effective date.  This Act takes effect  upon
 3    becoming law.".

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