103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4702

 

Introduced 2/6/2024, by Rep. Abdelnasser Rashid

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 170/5
415 ILCS 170/35
415 ILCS 170/45 new

    Amends the PFAS Reduction Act. Provides that, on or before December 31, 2025, the owner or operator of each community water system, community wastewater system, and nontransient, noncommunity water system shall conduct monitoring for perfluoroalkyl and polyfluoroalkyl substances (PFAS), using standard laboratory methods established by the United States Environmental Protection Agency in effect at the time of sampling, and shall conduct additional monitoring for the presence of PFAS contaminants under specified circumstances. Provides that, if monitoring results confirm the presence of any PFAS contaminants, individually or in combination in excess of 20 nanograms per liter, then the Illinois Environmental Protection Agency shall direct the owner or operator of the community water system, community wastewater system, or nontransient, noncommunity water system to issue a notice to all users of the system to inform them of the detected PFAS concentration and potential risk to public health until the level is below 20 nanograms per liter. Sets forth civil penalties for violation of the provisions. Grants rulemaking powers to the Illinois Pollution Control Board. Defines terms.


LRB103 36223 LNS 66316 b

 

 

A BILL FOR

 

HB4702LRB103 36223 LNS 66316 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The PFAS Reduction Act is amended by changing
5Sections 5 and 35 and by adding Section 45 as follows:
 
6    (415 ILCS 170/5)
7    Sec. 5. Definitions. In this Act:
8    "Agency" means the Illinois Environmental Protection
9Agency.
10    "Board" means the Illinois Pollution Control Board.
11    "Class B firefighting foam" means foam designed to
12extinguish flammable liquid fires or prevent the ignition of
13flammable liquids.
14    "Community wastewater system" means a single system of
15wastewater collection, treatment, and disposal owned and
16operated by a sanitary district, metropolitan sewage district,
17water and sewer authority, county or municipality, or public
18utility.
19    "Community water system" means a public water system that
20serves at least 15 service connections used by year-round
21residents or regularly serves at least 25 year-round
22residents.
23    "Fire department" means the duly authorized fire

 

 

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1protection organization of a unit of local government, a
2Regional Fire Protection Agency, a fire protection district,
3or a volunteer fire department.
4    "Local government" means a unit of local government or
5other special purpose district that provides firefighting
6services.
7    "Manufacturer" means a person that manufactures Class B
8firefighting foam and any agents of that person, including an
9importer, distributor, authorized servicer, factory branch, or
10distributor branch.
11    "Nontransient, noncommunity water system" means a public
12water system that is not a community water system and that
13regularly serves at least 25 of the same persons over 6 months
14per year.
15    "Perfluoroalkyl substance or polyfluoroalkyl substance" or
16"PFAS" means a class of fluorinated organic chemicals
17containing at least one fully fluorinated carbon atom.
18    "Person" means any individual, partnership, association,
19public or private corporation, limited liability company, or
20any other type of legal or commercial entity, including, but
21not limited to, members, managers, partners, directors, or
22officers.
23    "Public water system" means a system for the provision to
24the public of piped water for human consumption, if the system
25has at least 15 service connections or regularly serves an
26average of at least 25 individuals daily at least 60 days per

 

 

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1year."Public water system" includes any collection, treatment,
2storage, and distribution facilities under control of the
3operator of the system and used primarily in connection with
4that system and any collection or pretreatment storage
5facilities not under the operator's control that are used
6primarily in connection with the system.
7    "Testing" means calibration testing, conformance testing,
8and fixed system testing.
9(Source: P.A. 102-290, eff. 8-6-21.)
 
10    (415 ILCS 170/35)
11    Sec. 35. Civil penalties. A manufacturer who violates this
12Act or an owner or operator of a community water system,
13community wastewater system, or nontransient, noncommunity
14water system who violates this Act is subject to a civil
15penalty not to exceed $5,000 for the first violation and a
16civil penalty not to exceed $10,000 for each subsequent
17violation. Civil penalties collected under this Section must
18be deposited into the Environmental Protection Trust Fund to
19be used in accordance with the provisions of the Environmental
20Protection Trust Fund Act.
21(Source: P.A. 102-290, eff. 8-6-21.)
 
22    (415 ILCS 170/45 new)
23    Sec. 45. PFAS monitoring at water systems.
24    (a) On or before December 31, 2025, the owner or operator

 

 

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1of each community water system, community wastewater system,
2or nontransient, noncommunity water system shall conduct
3monitoring for the level of PFAS detectable using standard
4laboratory methods established by the United States
5Environmental Protection Agency in effect at the time of
6sampling. Monitoring under this subsection must be conducted
7for all PFAS contaminants, including, but not limited to, PFAS
8included in the list of analytes in the standard laboratory
9methods established by the United States Environmental
10Protection Agency in effect at the time of sampling.
11    (b) After completion of initial monitoring under
12subsection (a), the owner or operator of each community water
13system, community wastewater system, or nontransient,
14noncommunity water system shall conduct continued monitoring
15for the presence of PFAS contaminants in drinking water
16supplied by the water system as follows:
17        (1) If initial monitoring under subsection (a) detects
18    the presence of any PFAS contaminants individually or in
19    combination at or above 20 nanograms per liter, the owner
20    or operator of the community water system, community
21    wastewater system, or nontransient, noncommunity water
22    system shall conduct continued quarterly monitoring until
23    the presence of the PFAS contaminants is below 20
24    nanograms per liter.
25        (2) If initial monitoring under subsection (a) detects
26    the presence of any PFAS contaminants at or above each

 

 

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1    analyte's lowest concentration minimum reporting level as
2    specified in the standard laboratory methods established
3    by the United States Environmental Protection Agency in
4    effect at the time of sampling and the level is below 20
5    nanograms per liter, either individually or in combination
6    with other detected PFAS contaminants, the owner or
7    operator of the community water system, community
8    wastewater system, or nontransient, noncommunity water
9    system shall conduct continued monitoring annually.
10    (c) The monitoring results collected under this Section
11must be reported to the Agency and made publicly available.
12    (d) If monitoring results under subsection (a) or (b)
13confirm the presence of any PFAS contaminants individually or
14in combination in excess of 20 nanograms per liter, the Agency
15shall direct the community water system, community wastewater
16system, or nontransient, noncommunity water system to issue a
17notice to all users of the system to inform them of the
18detected PFAS concentration and potential risk to public
19health until the level is below 20 nanograms per liter.
20    (e) An owner or operator of a community water system,
21community wastewater system, or nontransient, noncommunity
22water system that violates this Section is subject to the
23civil penalties set forth in Section 35.
24    (f) The Agency shall propose and the Board shall adopt any
25rules needed to implement, administer, or enforce this
26Section.