SB3778 101ST GENERAL ASSEMBLY

LRB101 19958 CPF 69483 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3778

Introduced 2/14/2020, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

415 ILCS 5/17.12 new

Amends the Environmental Protection Act. Provides the exclusive requirements, standards, and procedures that shall apply to the construction, operation, registration, permitting, or approval of on site Legionella control systems within premise plumbing systems in commercial, industrial, institutional, and residential buildings that receive finished water from a permitted public water supply. Requires the Environmental Protection Agency to propose to the Pollution Control Board a permit for the installation and operation of on site Legionella control systems. Provides that, until the Board adopts rules for the permit, an owner of a premise plumbing system who seeks to construct or operate an on site Legionella control system shall register the system by filing a notice with specified information with the Agency. Requires the on site Legionella control system to comply with specified requirements. Effective immediately.

A BILL FOR

AN ACT concerning safety.

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

Section 5. The Environmental Protection Act is amended by adding Section 17.12 as follows:

(415 ILCS 5/17.12 new)

Sec. 17.12. Control of Legionella in premise plumbing systems.

(a) The General Assembly finds that:

(1) Legionnaire's disease is a life-threatening water-borne disease caused by inhalation of the Legionella bacteria.

(2) Legionnaire's disease poses a clear and present danger to the People of Illinois.

(3) Legionella bacteria can propagate in premise plumbing systems in commercial, industrial, institutional, and residential buildings that receive finished water from a public water supply.

(4) There are too many such buildings in the State of Illinois to permit each building premise plumbing system individually.

(5) On site Legionella control systems provide supplemental control rather than primary treatment.

(6) It is unnecessary to require individual permitting for on site Legionella control systems that have been certified by the National Sanitation Foundation (NSF International) and registered by the United States Environmental Protection Agency or an equivalent certifying or registering agency when such systems are used in premise plumbing systems receiving finished water from a public water supply.

(7) On site Legionella control systems provide consecutive and supplemental treatment rather than primary treatment.

(8) The expense and burden of unnecessary regulation and permitting of on site Legionella control systems is discouraging Illinois building owners from utilizing these life-saving systems.

(9) It is in the interest of the State of Illinois and its People to establish an expedited procedure for the registration of on site Legionella control systems and the adoption by the Board of a permit by rule that encourages the installation and operation of safe and effective on site Legionella control systems in premise plumbing systems.

(b) Definitions: In this Section:

"Agency" means the Illinois Environmental Protection Agency.

"Department" means the Department of Public Health and local health departments delegated with the authority to act on behalf of the Department of Public Health.

"Finished water" means water that has been treated to meet water quality standards under the federal Safe Drinking Water Act and is supplied by a permitted public water supply to a public water supply customer.

"Legionella" means small gram-negative rod-shaped bacteria.

"On site Legionella control system" mean a system constructed and operated on the premises of a premise plumbing system, either temporarily or permanently, to prevent, reduce, or eliminate the potential for propagation of Legionella in finished water within the premise plumbing system. "On site Legionella control system" includes, but is not limited to, the following control technologies: chlorination, chlorine dioxide, copper-silver ionization, and ultraviolet light disinfection.

"Premise plumbing system" means on site piping and other water distribution equipment extending from the building water meter to each individual tap within a commercial, industrial, institutional, or residential building that receives finished water from a public water supply.

(c) Notwithstanding anything to the contrary in this Act, the Illinois Groundwater Protection Act, the Illinois Department of Public Health Act, the Illinois Department of Public Health Powers and Duties Law, the Illinois Plumbing License Law, any rules adopted under those Acts or Laws, or any other provision of law, this Section sets forth the exclusive requirements, standards, and procedures that shall apply to the construction, operation, registration, permitting, or approval of on site Legionella control systems within premise plumbing systems in commercial, industrial, institutional, and residential buildings that receive finished water from a permitted public water supply.

(d) No later than one year after the effective date of this amendatory Act of the 101st General Assembly, the Agency shall propose to the Board a permit by rule under Section 39.12 for the installation and operation of on site Legionella control systems that does not impose unnecessary monitoring, testing, or reporting requirements. The Board shall thereafter adopt a permit by rule designed to achieve the purposes of this Section.

(e) Until the Board adopts the permit by rule under subsection (d), an owner of a premise plumbing system who seeks to construct or operate an on site Legionella control system shall register the on site Legionella control system by filing a notice of intent to construct or operate it with the Agency by certified mail. The owner may commence construction or operation of the on site Legionella control system after the certified mail return receipt date. Notification under this subsection shall include the following information:

(1) The name, street address, city, county, and Property Index Number of the building at which the on site Legionella control system will be installed.

(2) The name, title, address, phone number, and email of an authorized representative of the owner of the building responsible for compliance with this Section.

(3) The name, title, address, phone number, and email of a representative of the company and general contractor that will install or operate the on site Legionella control system.

(4) The anticipated dates of commencement of installation and operation of the on site Legionella control system.

(5) The type of on site Legionella control equipment to be installed, the equipment's manufacturer, and the on site Legionella control system's operating parameters.

(6) A control system monitoring plan with the following information:

(A) the operating parameters to be monitored and the schedule for monitoring;

(B) a process flow diagram, including, but not limited to, the locations of the water meter, on site Legionella control system, and taps served by the premise plumbing system; and

(C) the monitoring records to be maintained and the location of the monitoring records.

(f) An on site Legionella control system constructed, operated, and registered pursuant to subsection (e) shall comply with the following conditions:

(1) The installation of the on site Legionella control system and all plumbing modifications and additions to the premise plumbing system required for the proper installation and operation of such system pursuant to manufacturers' specifications shall be performed by a plumber licensed under the Illinois Plumbing License Law. However, the installation of an on site Legionella control system under this Section shall not be required to modify or replace any portion of the premise plumbing system that is not affected by the installation or operation of the on site Legionella control system, nor shall the installation of an on site Legionella control system negate any exemption that may otherwise apply to any portion of the premise plumbing system under 77 Ill. Adm. Code 890.

(2) All equipment comprising the on site Legionella control system must be certified by the National Sanitation Foundation as safe for use in finished drinking water. Compliant certifications include, but are not limited to, certification under NSF/ANSI 55, 60, and 61 and the UL Electrical Code Standards, including, but not limited to, UL 979 Standard for Water Treatment Appliances.

(3) The on site Legionella control system must be registered by the United States Environmental Protection Agency under 7 U.S.C. 136(c)(3) as effective in controlling Legionella in drinking water.

(4) The owner of the on site Legionella control system shall maintain on the premises a control system monitoring plan pursuant to paragraph (6) of subsection (e), any amendments thereto, and the records of all monitoring performed pursuant to the control system monitoring plan for a minimum of 10 years. Any amendments to the control system monitoring plan shall be submitted to the Agency within 30 business days following the amendment.

(5) The owner of the on site Legionella control system shall provide notification by telephone, facsimile, or electronic communication to the Agency within 5 business days of discovery of any material deviations from the on site Legionella control system operating parameters specified in the control system monitoring plan. Within 30 days thereafter, the owner shall provide written notification of the material deviations to the Agency with the following information:

(A) the nature and duration of any reported material deviation;

(B) whether and when compliance with the operating parameters was restored;

(C) any equipment maintenance or replacement undertaken to restore compliance with the operating parameters; and

(D) any shutdown of the on site Legionella control system.

(6) The owner of the on site Legionella control system shall notify the Agency of a change in ownership of the building or any person or entity identified under paragraph (1), (2), or (3) of subsection (e).

(7) The owner of the on site Legionella control system shall notify the Agency of a change in the type of on site Legionella control system, a change in the operating parameters identified under paragraphs (5) and (6) of subsection (e), and upon permanent shutdown of the on site Legionella control system.

(8) The owner of an on site Legionella control system that produces disinfection byproducts shall comply with the United States Environmental Protection Agency's Stage 1 Disinfectants and Disinfection Byproduct Rule.

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