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.


LRB101 19958 CPF 69483 b

 

 

A BILL FOR

 

SB3778LRB101 19958 CPF 69483 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 Environmental Protection Act is amended by
5adding Section 17.12 as follows:
 
6    (415 ILCS 5/17.12 new)
7    Sec. 17.12. Control of Legionella in premise plumbing
8systems.
9    (a) The General Assembly finds that:
10        (1) Legionnaire's disease is a life-threatening
11    water-borne disease caused by inhalation of the Legionella
12    bacteria.
13        (2) Legionnaire's disease poses a clear and present
14    danger to the People of Illinois.
15        (3) Legionella bacteria can propagate in premise
16    plumbing systems in commercial, industrial, institutional,
17    and residential buildings that receive finished water from
18    a public water supply.
19        (4) There are too many such buildings in the State of
20    Illinois to permit each building premise plumbing system
21    individually.
22        (5) On site Legionella control systems provide
23    supplemental control rather than primary treatment.

 

 

SB3778- 2 -LRB101 19958 CPF 69483 b

1        (6) It is unnecessary to require individual permitting
2    for on site Legionella control systems that have been
3    certified by the National Sanitation Foundation (NSF
4    International) and registered by the United States
5    Environmental Protection Agency or an equivalent
6    certifying or registering agency when such systems are used
7    in premise plumbing systems receiving finished water from a
8    public water supply.
9        (7) On site Legionella control systems provide
10    consecutive and supplemental treatment rather than primary
11    treatment.
12        (8) The expense and burden of unnecessary regulation
13    and permitting of on site Legionella control systems is
14    discouraging Illinois building owners from utilizing these
15    life-saving systems.
16        (9) It is in the interest of the State of Illinois and
17    its People to establish an expedited procedure for the
18    registration of on site Legionella control systems and the
19    adoption by the Board of a permit by rule that encourages
20    the installation and operation of safe and effective on
21    site Legionella control systems in premise plumbing
22    systems.
23    (b) Definitions: In this Section:
24    "Agency" means the Illinois Environmental Protection
25Agency.
26    "Department" means the Department of Public Health and

 

 

SB3778- 3 -LRB101 19958 CPF 69483 b

1local health departments delegated with the authority to act on
2behalf of the Department of Public Health.
3    "Finished water" means water that has been treated to meet
4water quality standards under the federal Safe Drinking Water
5Act and is supplied by a permitted public water supply to a
6public water supply customer.
7    "Legionella" means small gram-negative rod-shaped
8bacteria.
9    "On site Legionella control system" mean a system
10constructed and operated on the premises of a premise plumbing
11system, either temporarily or permanently, to prevent, reduce,
12or eliminate the potential for propagation of Legionella in
13finished water within the premise plumbing system. "On site
14Legionella control system" includes, but is not limited to, the
15following control technologies: chlorination, chlorine
16dioxide, copper-silver ionization, and ultraviolet light
17disinfection.
18    "Premise plumbing system" means on site piping and other
19water distribution equipment extending from the building water
20meter to each individual tap within a commercial, industrial,
21institutional, or residential building that receives finished
22water from a public water supply.
23    (c) Notwithstanding anything to the contrary in this Act,
24the Illinois Groundwater Protection Act, the Illinois
25Department of Public Health Act, the Illinois Department of
26Public Health Powers and Duties Law, the Illinois Plumbing

 

 

SB3778- 4 -LRB101 19958 CPF 69483 b

1License Law, any rules adopted under those Acts or Laws, or any
2other provision of law, this Section sets forth the exclusive
3requirements, standards, and procedures that shall apply to the
4construction, operation, registration, permitting, or approval
5of on site Legionella control systems within premise plumbing
6systems in commercial, industrial, institutional, and
7residential buildings that receive finished water from a
8permitted public water supply.
9    (d) No later than one year after the effective date of this
10amendatory Act of the 101st General Assembly, the Agency shall
11propose to the Board a permit by rule under Section 39.12 for
12the installation and operation of on site Legionella control
13systems that does not impose unnecessary monitoring, testing,
14or reporting requirements. The Board shall thereafter adopt a
15permit by rule designed to achieve the purposes of this
16Section.
17    (e) Until the Board adopts the permit by rule under
18subsection (d), an owner of a premise plumbing system who seeks
19to construct or operate an on site Legionella control system
20shall register the on site Legionella control system by filing
21a notice of intent to construct or operate it with the Agency
22by certified mail. The owner may commence construction or
23operation of the on site Legionella control system after the
24certified mail return receipt date. Notification under this
25subsection shall include the following information:
26        (1) The name, street address, city, county, and

 

 

SB3778- 5 -LRB101 19958 CPF 69483 b

1    Property Index Number of the building at which the on site
2    Legionella control system will be installed.
3        (2) The name, title, address, phone number, and email
4    of an authorized representative of the owner of the
5    building responsible for compliance with this Section.
6        (3) The name, title, address, phone number, and email
7    of a representative of the company and general contractor
8    that will install or operate the on site Legionella control
9    system.
10        (4) The anticipated dates of commencement of
11    installation and operation of the on site Legionella
12    control system.
13        (5) The type of on site Legionella control equipment to
14    be installed, the equipment's manufacturer, and the on site
15    Legionella control system's operating parameters.
16        (6) A control system monitoring plan with the following
17    information:
18            (A) the operating parameters to be monitored and
19        the schedule for monitoring;
20            (B) a process flow diagram, including, but not
21        limited to, the locations of the water meter, on site
22        Legionella control system, and taps served by the
23        premise plumbing system; and
24            (C) the monitoring records to be maintained and the
25        location of the monitoring records.
26    (f) An on site Legionella control system constructed,

 

 

SB3778- 6 -LRB101 19958 CPF 69483 b

1operated, and registered pursuant to subsection (e) shall
2comply with the following conditions:
3        (1) The installation of the on site Legionella control
4    system and all plumbing modifications and additions to the
5    premise plumbing system required for the proper
6    installation and operation of such system pursuant to
7    manufacturers' specifications shall be performed by a
8    plumber licensed under the Illinois Plumbing License Law.
9    However, the installation of an on site Legionella control
10    system under this Section shall not be required to modify
11    or replace any portion of the premise plumbing system that
12    is not affected by the installation or operation of the on
13    site Legionella control system, nor shall the installation
14    of an on site Legionella control system negate any
15    exemption that may otherwise apply to any portion of the
16    premise plumbing system under 77 Ill. Adm. Code 890.
17        (2) All equipment comprising the on site Legionella
18    control system must be certified by the National Sanitation
19    Foundation as safe for use in finished drinking water.
20    Compliant certifications include, but are not limited to,
21    certification under NSF/ANSI 55, 60, and 61 and the UL
22    Electrical Code Standards, including, but not limited to,
23    UL 979 Standard for Water Treatment Appliances.
24        (3) The on site Legionella control system must be
25    registered by the United States Environmental Protection
26    Agency under 7 U.S.C. 136(c)(3) as effective in controlling

 

 

SB3778- 7 -LRB101 19958 CPF 69483 b

1    Legionella in drinking water.
2        (4) The owner of the on site Legionella control system
3    shall maintain on the premises a control system monitoring
4    plan pursuant to paragraph (6) of subsection (e), any
5    amendments thereto, and the records of all monitoring
6    performed pursuant to the control system monitoring plan
7    for a minimum of 10 years. Any amendments to the control
8    system monitoring plan shall be submitted to the Agency
9    within 30 business days following the amendment.
10        (5) The owner of the on site Legionella control system
11    shall provide notification by telephone, facsimile, or
12    electronic communication to the Agency within 5 business
13    days of discovery of any material deviations from the on
14    site Legionella control system operating parameters
15    specified in the control system monitoring plan. Within 30
16    days thereafter, the owner shall provide written
17    notification of the material deviations to the Agency with
18    the following information:
19            (A) the nature and duration of any reported
20        material deviation;
21            (B) whether and when compliance with the operating
22        parameters was restored;
23            (C) any equipment maintenance or replacement
24        undertaken to restore compliance with the operating
25        parameters; and
26            (D) any shutdown of the on site Legionella control

 

 

SB3778- 8 -LRB101 19958 CPF 69483 b

1        system.
2        (6) The owner of the on site Legionella control system
3    shall notify the Agency of a change in ownership of the
4    building or any person or entity identified under paragraph
5    (1), (2), or (3) of subsection (e).
6        (7) The owner of the on site Legionella control system
7    shall notify the Agency of a change in the type of on site
8    Legionella control system, a change in the operating
9    parameters identified under paragraphs (5) and (6) of
10    subsection (e), and upon permanent shutdown of the on site
11    Legionella control system.
12        (8) The owner of an on site Legionella control system
13    that produces disinfection byproducts shall comply with
14    the United States Environmental Protection Agency's Stage
15    1 Disinfectants and Disinfection Byproduct Rule.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.