093_HB3172
LRB093 09310 AMC 09543 b
1 AN ACT concerning swimming facilities.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Swimming Facility Act is amended by
5 changing Section 21 as follows:
6 (210 ILCS 125/21) (from Ch. 111 1/2, par. 1221)
7 Sec. 21. Closure of facility. Whenever the Department of
8 Public Health finds any of the conditions hereinafter set
9 forth it shall, by written notice, immediately order the
10 owner, operator or licensee to close the swimming facility
11 and to prohibit any person from using such facilities:
12 (1) If conditions at a swimming facility and
13 appurtenances, including bathhouse facilities, upon
14 inspection and investigation by a representative of the
15 Department, create an immediate danger to health or
16 safety, including conditions that could lead to bather
17 entrapment or entanglement; or
18 (2) When the Department, upon review of results of
19 bacteriological analyses of water samples collected from
20 a swimming facility, finds that such water does not
21 conform to the bacteriological standards promulgated by
22 the Department for proper swimming water quality; or
23 (3) When an environmental survey of an area shows
24 evidence of sewage or other pollutional or toxic
25 materials being discharged to waters tributary to a beach
26 creating an immediate danger to health or safety; or
27 (4) When the Department finds by observation or
28 test for water clarity of the swimming facility water a
29 higher turbidity level than permitted in the standards
30 for physical quality as promulgated by the Department; or
31 (5) When in such cases as it is required, the
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1 presence of a satisfactory disinfectant residual,
2 prescribed by rule as promulgated by the Department, is
3 absent.
4 The notice shall state the reasons prompting the closing
5 of the facilities and a copy of the notice must be posted
6 conspicuously at the pool or beach by the owner, operator or
7 licensee.
8 The State's Attorney and Sheriff of the county in which
9 the swimming facility is located shall enforce the closing
10 order after receiving notice thereof.
11 Any owner, operator or licensee affected by such an order
12 is entitled, upon written request to the Department, to a
13 hearing as provided in this Act.
14 When such conditions are abated or when the results of
15 analyses of water samples collected from the swimming
16 facility, in the opinion of the Department, comply with the
17 Department's bacteriological standards for acceptable water
18 quality, or when the turbidity decreases to the permissible
19 limit, or when the disinfectant residual reaches a
20 satisfactory level as prescribed by rule, the Department may
21 authorize reopening the pool or beach. When sources of
22 sewage, pollution, or toxic materials discovered as a result
23 of an environmental survey are eliminated, the Department may
24 authorize reopening of such beach.
25 (Source: P.A. 92-18, eff. 6-28-01.)