Public Act 098-0856
 
SB2770 EnrolledLRB098 16846 MGM 51917 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Public Water Supply Operations Act is
amended by changing Sections 1, 4, 9, 10, 11, 12, 13, 19, and
20 and by adding Sections 1.1, 9.4, 9.5, 9.6, and 23.1 as
follows:
 
    (415 ILCS 45/1)  (from Ch. 111 1/2, par. 501)
    Sec. 1. (1) In order to safeguard the health and well-being
well being of the populace, every community water supply in
Illinois, other than an exempt community water supply as
specified in Section 9.1, shall have on its operational staff,
and shall designate to the Agency in writing, either (i) one
Responsible Operator in Charge who directly supervises both the
treatment and distribution facilities of the community water
supply or (ii) one Responsible Operator in Charge who directly
supervises the treatment facilities of the community water
supply and one Responsible Operator in Charge who directly
supervises the distribution facilities of the community water
supply at least one natural person certified as competent as a
water supply operator under the provisions of this Act.
    Except for exempt community water supplies as specified in
Section 9.1 of this Act, all portions of a community water
supply system shall be under the direct supervision of a
Responsible Operator in Charge properly certified community
water supply operator.
    (2) The following class requirements apply:
        (a) Each community water supply which includes
    coagulation, lime softening, or sedimentation as a part of
    its primary treatment shall have in its employ at least one
    individual natural person certified as competent as a Class
    A community water supply operator. This includes all
    surface water community water supplies.
        (b) Each community water supply which includes
    filtration, aeration and filtration, or ion exchange
    equipment as a part of its primary treatment shall have in
    its employ at least one individual natural person certified
    as competent as a Class B or Class A community water supply
    operator.
        (c) Each community water supply which utilizes
    chemical feeding only shall have in its employ at least one
    individual natural person certified as competent as a Class
    C, Class B, or Class A community water supply operator.
        (d) Each community water supply in which the facilities
    are limited to pumpage, storage, or distribution shall have
    in its employ at least one individual natural person
    certified as competent as a Class D, Class C, Class B, or
    Class A community water supply operator.
    A community water supply that cannot be clearly grouped
according to this Section will be considered individually and
designated within one of the above groups by the Agency. This
determination will be based on the nature of the community
water supply and on the education and experience necessary to
operate it.
    (3) A community water supply may satisfy the requirements
of this Section by contracting the services of an individual
who is a properly qualified certified operator of the required
class or higher, as specified in subsection (2), and will
directly supervise the operation of the community water supply.
That individual shall serve as the Responsible Operator in
Charge of the community water supply. A written agreement to
this effect must be on file with the Agency certifying that
such an agreement exists, and delegating responsibility and
authority to the contracted party. This written agreement shall
be signed by both the certified operator to be contracted and
the responsible community water supply owner or official
custodian and must be approved in writing by the Agency.
(Source: P.A. 91-84, eff. 7-9-99; 91-357, eff. 7-29-99; 92-16,
eff. 6-28-01.)
 
    (415 ILCS 45/1.1 new)
    Sec. 1.1. Duties of Responsible Operators in Charge.
    (a) Each individual who is a Responsible Operator in Charge
for a community water supply is jointly accountable with the
owner of the community water supply for the proper operation of
the portions of the community water supply over which he or she
has been designated as the Responsible Operator in Charge.
    (b) Each individual who is a Responsible Operator in Charge
for a community water supply shall:
        (1) hold a certificate of the class required for the
    operation of the portions of the community water supply
    over which he or she has been designated as the Responsible
    Operator in Charge;
        (2) directly supervise the operation of the portions of
    the community water supply over which he or she has been
    designated as the Responsible Operator in Charge; and
        (3) submit, in accordance with Board rules, consumer
    confidence reports, monthly operating reports, and
    drinking water compliance monitoring results, such as
    corrosion control reports and monitoring results.
 
    (415 ILCS 45/4)  (from Ch. 111 1/2, par. 504)
    Sec. 4.
    "Water Supply Operator" means any individual natural
person trained in the treatment or distribution of water who
has practical working knowledge of the chemical, biological,
and physical sciences essential to the practical mechanics of
water treatment or distribution and who is capable of
conducting and maintaining the water treatment or distribution
processes in a manner which will provide safe, potable water
for human consumption.
(Source: P.A. 78-810.)
 
    (415 ILCS 45/9)  (from Ch. 111 1/2, par. 509)
    Sec. 9. "Owner or Official Custodian" means any person who
owns, leases, controls, or supervises a community water supply.
(Source: P.A. 91-84, eff. 7-9-99.)
 
    (415 ILCS 45/9.4 new)
    Sec. 9.4. Official custodian. "Official custodian" means
an individual who is an officer of an entity that is the owner
of a community water supply and acts as the owner's agent in
matters concerning the community water supply.
 
    (415 ILCS 45/9.5 new)
    Sec. 9.5. Person. "Person" means any individual,
partnership, co-partnership, firm, company, limited liability
company, corporation, association, joint stock company, trust,
estate, political subdivision, state agency, or any other legal
entity, or their legal representative, agent, or assigns.
 
    (415 ILCS 45/9.6 new)
    Sec. 9.6. Responsible Operator in Charge. "Responsible
Operator in Charge" means an individual who is designated as a
Responsible Operator in Charge of a community water supply
under Section 1 of this Act.
 
    (415 ILCS 45/10)  (from Ch. 111 1/2, par. 510)
    Sec. 10. The Agency shall exercise the following functions,
powers, and duties with respect to community water supply
operator certification:
    (a) The Agency shall conduct examinations to ascertain the
qualifications of applicants for certificates of competency as
community water supply operators, and pass upon the
qualifications of applicants for reciprocal certificates.
    (b) The Agency shall determine the qualifications of each
applicant on the basis of written examinations, and upon a
review of the requirements stated in Sections 13 and 14 of this
Act.
    (c) (Blank).
    (d) The Agency may suspend, revoke, or refuse to issue any
certificate of competency for any one or any combination of the
following causes:
        (1) the practice of any fraud or deceit in obtaining or
    attempting to obtain, renew, or restore a certificate of
    competency;
        (2) any gross negligence, incompetency, misconduct, or
    falsification of reports in the operation of a water
    supply;
        (3) being declared to be an individual a person under
    legal disability by a court of competent jurisdiction and
    not thereafter having been lawfully declared to be an
    individual a person not under legal disability or to have
    recovered; or
        (4) failure to comply with any of the Rules pertaining
    to the operation of a water supply.
    (e) The Agency shall issue a Certificate to any applicant
who has satisfactorily met all the requirements of the Act
pertaining to a certificate of competency as a water supply
operator.
    (f) The Agency shall notify every certified community water
supply operator at the last address specified by the operator
to the Agency, and at least one month in advance of the
expiration of the certificate, of the date of expiration of the
certificate and the amount of fee required for its renewal for
3 years.
    (g) The Agency shall, upon its own motion, or upon a
written complaint, investigate the action of any individual
person holding or claiming to hold a certificate, and take
appropriate action.
    (h) The Agency is authorized to adopt reasonable and
necessary rules to set forth procedures and criteria for the
administration of this Act.
    (i) The Agency may investigate violations of this Act or
any rule adopted under this Act.
    (j) The Agency may issue administrative citations as
provided in Section 23.1 of this Act.
(Source: P.A. 91-84, eff. 7-9-99; 92-16, eff. 6-28-01.)
 
    (415 ILCS 45/11)  (from Ch. 111 1/2, par. 511)
    Sec. 11. "Advisory Board" means the community water supply
operator's advisory board to assist in the formulation of and
to review the policies and program of the Agency as developed
under authority of this Act, and to make recommendations and to
provide the Agency with such technical advice and assistance as
may be requested.
    The Advisory Board shall consist of the Director and 5
other members to be appointed by the Governor one of whom shall
be the chief executive officer of a municipality operating its
own municipal water plant. The 5 appointed members shall be
individuals persons having an active interest and with wide
background in water supply management and operation from a
practical and technical standpoint.
    The 5 appointed members of the Advisory Board serving at
the effective date of this Act shall continue in the same
capacity until their previously designated term expires. On the
expiration of the term of any member the Governor shall appoint
for a term of 5 years an individual a person having the
qualifications hereinabove specified to take the place of the
member whose term has expired, and who shall hold office until
the expiration of the term and until a successor has been
appointed and qualified.
    The Director of the Agency or an authorized representative
shall serve as secretary of the Advisory Board without any
additional compensation. The Director or an authorized
representative shall attend all meetings of the Advisory Board,
keep minutes, and take part in its discussion, but shall not be
entitled to vote.
    The Advisory Board shall select one of its members to serve
as Chairman at the first regular meeting in each calendar year.
    The Advisory Board shall meet annually and at such
intervals as may be necessary to transact business which may
come before it upon call of the Agency, the Chairman of the
Advisory Board, or any 3 of its members. Any 3 members shall
constitute a quorum.
    The Secretary shall see that accurate minutes are kept of
all duly constituted meetings of the Advisory Board.
    Members of the Advisory Board shall serve without
compensation, but shall be reimbursed for expenses incurred
while traveling and performing duties under this Act. Such
expenses shall be paid from funds of the Agency appropriated
therefor.
    The Advisory Board shall have the authority to review
contested Agency reciprocity determinations. The Advisory
Board must provide applicants who are denied reciprocity with
an opportunity to appear before the Board. The Advisory Board
shall review the decision to deny reciprocity and must provide
a recommendation to the Agency.
(Source: P.A. 91-84, eff. 7-9-99.)
 
    (415 ILCS 45/12)  (from Ch. 111 1/2, par. 512)
    Sec. 12. (a) The Pollution Control Board shall, upon the
sworn written request of the applicant or certificate holder,
conduct hearings or proceedings for the Agency's refusal to
issue, suspension, revocation, or denied renewal of
certificates of individuals persons applying for or holding
certification under the provisions of this Act.
    (b) Hearings shall be conducted under Rules and Regulations
adopted by the Pollution Control Board outlining the procedures
to be followed in conducting a hearing.
(Source: P.A. 91-84, eff. 7-9-99.)
 
    (415 ILCS 45/13)  (from Ch. 111 1/2, par. 513)
    Sec. 13. Community Water Supply Operators shall be
certified in accordance with the following classifications:
    (a) A "Class A" Water Supply Operator Certificate shall be
issued to those individuals persons who, in accordance with the
provisions of Sections 1 through 23 of this Act, demonstrate
the necessary skills, knowledge, ability, and judgment of the
chemical, biological, and physical sciences essential to the
practical mechanics of coagulation, lime softening, and
sedimentation, and distribution in a manner which will provide
safe, potable water for human consumption. This includes all
surface water community water supplies. The operators will also
demonstrate the necessary skills, knowledge, ability, and
judgment of the treatment processes outlined in Sections 13
(b), 13 (c), and 13 (d) of this Act.
    (b) A "Class B" Water Supply Operator Certificate shall be
issued to those individuals persons who, in accordance with the
provisions of Section 1 through 23 of this Act, demonstrate the
necessary skills, knowledge, ability, and judgment of the
chemical, biological, and physical sciences essential to the
practical mechanics of filtration, aeration and filtration,
and ion exchange systems, and distribution in a manner which
will provide safe, potable water for human consumption. The
operators will also demonstrate the necessary skills,
knowledge, ability, and judgment of the treatment processes
outlined in Sections 13 (c) and 13 (d) of this Act.
    (c) A "Class C" Water Supply Operator Certificate shall be
issued to those individuals persons who, in accordance with the
provisions of Sections 1 through 23 of this Act, demonstrate
the necessary skills, knowledge, ability, and judgment of the
chemical, biological, and physical sciences essential to the
practical mechanics of chemical feeding and disinfection and
distribution in a manner which will provide safe, potable water
for human consumption. The operators will also demonstrate the
necessary skills, knowledge, ability, and judgment of the
treatment processes outlined in Section 13 (d) of this Act.
    (d) A "Class D" Water Supply Operator Certificate shall be
issued to those individuals persons who, in accordance with the
provisions of Sections 1 through 23 of this Act, demonstrate
the necessary skills, knowledge, ability, and judgment of the
chemical, biological, and physical sciences essential to the
practical mechanics of pumpage, storage, and distribution in a
manner which will provide safe, potable water for human
consumption.
(Source: P.A. 91-84, eff. 7-9-99.)
 
    (415 ILCS 45/19)  (from Ch. 111 1/2, par. 519)
    Sec. 19.
    (a) The registered individual person in responsible charge
of a previously exempt community water supply on the effective
date of this amendatory Act of the 91st General Assembly may be
issued a certificate of competency, with no fee required, after
the effective date of this amendatory Act of the 91st General
Assembly for the community water supply for which the
individual is registered. The community water supply owner must
make application for grandparenting of the operator in
responsible charge within 2 years of the effective date of this
amendatory Act of the 91st General Assembly. This certificate
is non-transferable, site specific, and is not valid if the
water system is reclassified to a higher level.
    (b) Each individual who is issued a certificate of
competency under Section 19(a) of this Act may renew the
certificate every 3 years in accordance with the renewal
requirements of Sections 18 and 22 of this Act.
(Source: P.A. 91-84, eff. 7-9-99.)
 
    (415 ILCS 45/20)  (from Ch. 111 1/2, par. 520)
    Sec. 20. The Agency shall, upon application and payment of
the proper fee, issue a certificate of competency to any
individual person who holds an unexpired certificate of
competency issued by any state or territory or possession of
the United States or of any country, if:
    (a) the requirements for the certificate of competency
under which the certificate of competency was issued do not
conflict with and are substantially equal to those specified by
Sections 1 through 23 of this Act; and
    (b) the particular state or territory or possession of the
United States or country extends similar privileges to persons
certified under Sections 1 through 23 of this Act.
(Source: P.A. 91-84, eff. 7-9-99.)
 
    (415 ILCS 45/23.1 new)
    Sec. 23.1. Administrative citations.
    (a) Violations of the requirement set forth in paragraph
(3) of subsection (b) of Section 1.1 of this Act shall be
enforceable by administrative citation under this Section or as
otherwise provided in this Act.
    (b) If Agency personnel discover that a Responsible
Operator in Charge has violated paragraph (3) of subsection (b)
of Section 1.1 of this Act, the Agency may issue and serve, in
person or by certified mail, an administrative citation upon
that individual within not more than 90 days after the date of
the discovery of the violation. Each citation issued under this
subsection (b) shall be served upon the individual named in the
citation or that individual's authorized agent for service of
process, and shall include the following information:
        (1) a statement specifying the report or result that
    the Responsible Operator in Charge failed to submit in
    accordance with Board rules and a citation to the Board
    rules that were violated;
        (2) a copy of any report in which the Agency recorded
    the violation;
        (3) the penalty imposed by subsection (f) of this
    Section for the violation;
        (4) instructions for contesting the administrative
    citation findings pursuant to this Section, including
    notification that the individual has 35 days within which
    to file a petition for review before the Illinois Pollution
    Control Board to contest the administrative citation; and
        (5) an affidavit by the personnel recording the
    violation.
    (c) No later than 15 days after the date of service, the
Agency shall file a copy of each administrative citation served
under subsection (b) of this Section with the Illinois
Pollution Control Board, which is hereby authorized to conduct
proceedings upon administrative citations issued pursuant to
this Section.
    (d) If the individual named in the administrative citation
fails to petition the Illinois Pollution Control Board for
review within 35 days after the date of service of the
citation, the Illinois Pollution Control Board shall adopt a
final order, which shall include the administrative citation
and findings of violation as alleged in the citation, and shall
impose the penalty specified in subsection (f) of this Section.
    If a petition for review is filed before the Illinois
Pollution Control Board to contest an administrative citation
issued under subsection (b) of this Section, the Agency shall
appear as a complainant at a hearing before the Illinois
Pollution Control Board to be conducted in accordance with the
requirements of Section 32 of the Environmental Protection Act
at a time not less than 21 days after notice of the hearing has
been sent by the Illinois Pollution Control Board to the Agency
and the individual named in the citation. In these hearings,
the burden of proof shall be on the Agency. If, based on the
record, the Illinois Pollution Control Board finds that the
alleged violation occurred, it shall adopt a final order, which
shall include the administrative citation and findings of
violation as alleged in the citation, and shall impose the
penalty specified in subsection (f) of this Section. However,
if the Illinois Pollution Control Board finds that the
individual appealing the citation has shown that the violation
resulted from uncontrollable circumstances, the Illinois
Pollution Control Board shall adopt a final order that makes no
finding of violation and imposes no penalty.
    (e) Sections 10-25 through 10-60 of the Illinois
Administrative Procedure Act shall not apply to any
administrative citation issued under subsection (b) of this
Section.
    (f) In an administrative citation action under this
Section, any Responsible Operator in Charge who is found to
have violated paragraph (3) of subsection (b) of Section 1.1 of
this Act shall pay a civil penalty of $500 for each violation
of that provision, plus any hearing costs incurred by the Board
and the Agency, except that the civil penalty amount shall be
$1,500 for each violation of paragraph (3) of subsection (b) of
Section 1.1 of this Act that is the individual's second or
subsequent adjudicated violation of that provision. The
penalties assessed under this Section shall be deposited into
the Environmental Protection Trust Fund, to be used in
accordance with the provisions of the Environmental Protection
Trust Fund Act.
    (g) All final orders issued and entered by the Illinois
Pollution Control Board pursuant to this Section shall be
enforceable by injunction, mandamus, or other appropriate
remedy, as is provided for other orders of the Illinois
Pollution Control Board under Section 42 of the Environmental
Protection Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.