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Public Act 92-0036
SB880 Enrolled LRB9203728LBmgA
AN ACT in relation to community water supplies.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Nuclear Safety Law of the
Civil Administrative Code of Illinois is amended by changing
Section 40 as follows:
(20 ILCS 2005/2005-40) (was 20 ILCS 2005/71 in part)
Sec. 2005-40. Powers vested in Environmental Protection
Agency.
(a) The Department shall exercise, administer, and
enforce all rights, powers, and duties vested in the
Environmental Protection Agency by paragraphs a, b, c, d, e,
f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4 and by
Sections 30 through 45 of the Environmental Protection Act,
to the extent that these powers relate to standards of the
Pollution Control Board adopted under Section 2005-45. The
transfer of rights, powers, and duties specified in this
Section is limited to the programs program transferred by
Public Act 81-1516 and this amendatory Act of 2001 and shall
not be deemed to abolish or diminish the exercise of those
same rights, powers, and duties by the Environmental
Protection Agency with respect to programs retained by the
Environmental Protection Agency.
(b) Notwithstanding provisions in Sections 4 and 17.7 of
the Environmental Protection Act, the Environmental
Protection Agency is not required to perform analytical
services for community water supplies to determine compliance
with contaminant levels for radionuclides as specified in
State or federal drinking water regulations.
(c)(1) Community water supply operators may request the
Department of Nuclear Safety to perform analytical services
to determine compliance with contaminant levels for
radionuclides as specified in State or federal drinking water
regulations. The Department of Nuclear Safety must adopt
rules establishing reasonable fees reflecting the direct and
indirect cost of testing community water supply samples. The
rules may require a community water supply operator to commit
to participation in the Department's testing program.
Neither the Department nor the Environmental Protection
Agency is required to perform analytical services to
determine contaminant levels for radionuclides from any
community water supply operator that does not participate in
the Department's testing program.
(2) Community water supply operators that choose not to
participate in the Department's testing program or do not pay
the fees established by the Department shall have the duty to
analyze all drinking water samples as required by State or
federal safe drinking water regulations to determine
radionuclide contaminant levels.
(d) Fees received by the Department under this Section
must be deposited in the Radiation Protection Fund.
(Source: P.A. 90-14, eff. 7-1-97; 90-209, eff. 7-25-97;
91-239, eff. 1-1-00.)
Section 90. The State Mandates Act is amended by adding
Section 8.25 as follows:
(30 ILCS 805/8.25 new)
Sec. 8.25. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of the 92nd General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 21, 2001.
Approved June 28, 2001.
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