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92nd General Assembly

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Public Act 92-0369

SB852 Enrolled                                 LRB9204291LBpc

    AN ACT concerning groundwater protection.

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

    Section  5.  The  Illinois  Groundwater Protection Act is
amended by changing Section 9 as follows:

    (415 ILCS 55/9) (from Ch. 111 1/2, par. 7459)
    Sec. 9.  (a) As used in this Section, unless the  context
clearly requires otherwise:
         (1)  "Community  water  system" means a public water
    system which serves at least 15 service connections  used
    by  residents  or  regularly serves at least 25 residents
    for at least 60 days per year.
         (2)  "Contaminant"  means  any  physical,  chemical,
    biological, or radiological substance or matter in water.
         (3)  "Department" means the Illinois  Department  of
    Public Health.
         (4)  "Non-community  water  system"  means  a public
    water system which is not a community water  system,  and
    has at least 15 service connections used by nonresidents,
    or  regularly  serves  25 or more nonresident individuals
    daily for at least 60 days per year.
         (4.5)  "Non-transient, non-community  water  system"
    means  a non-community water system that regularly serves
    the same 25 or more persons at least 6 months per year.
         (5)  "Private water system" means any  supply  which
    provides  water  for  drinking,  culinary,  and  sanitary
    purposes  and  serves  an  owner-occupied  single  family
    dwelling.
         (6)  "Public  water  system"  means a system for the
    provision  to  the  public  of  piped  water  for   human
    consumption    through   pipes   or   other   constructed
    conveyances, if  the  system  has  at  least  15  service
    connections or regularly serves an average of at least 25
    individuals  daily  at  least 60 days per year.  A public
    water system is either a community water system (CWS)  or
    a  non-community water system (non-CWS). The term "public
    water system" includes any collection, treatment, storage
    or distribution facilities under control of the  operator
    of such system and used primarily in connection with such
    system   and   any  collection  or  pretreatment  storage
    facilities  not  under  such  control  which   are   used
    primarily in connection with such system.
         (7)  "Semi-private   water  system"  means  a  water
    supply which is not a  public  water  system,  yet  which
    serves   a   segment   of   the   public  other  than  an
    owner-occupied single family dwelling.
         (8)  "Supplier of water" means any person  who  owns
    or operates a water system.
    (b)  No  non-community  water  system may be constructed,
altered, or extended until plans, specifications,  and  other
information  relative  to  such  system  are submitted to and
reviewed by the Department for  conformance  with  the  rules
promulgated  under  this Section, and until a permit for such
activity is issued by the Department.  As part of the  permit
application,   all  new  non-transient,  non-community  water
systems must demonstrate technical, financial, and managerial
capacity consistent with the federal Safe Drinking Water Act.
    (c)  All private and semi-private water systems shall  be
constructed  in  accordance with the rules promulgated by the
Department under this Section.
    (d)  The  Department  shall  promulgate  rules  for   the
construction   and   operation   of   all  non-community  and
semi-private water systems.  Such  rules  shall  include  but
need  not  be  limited  to:   the  establishment  of  maximum
contaminant   levels   no   more   stringent  than  federally
established  standards  where  such  standards   exist;   the
maintenance of records; and the establishment of requirements
for  the  submission  and  frequency  of  submission of water
samples by suppliers of water to determine the water quality;
and  the  capacity  demonstration  requirements   to   ensure
compliance with technical, financial, and managerial capacity
provisions of the federal Safe Drinking Water Act.
    (e)  Borings,  water  monitoring wells, and wells subject
to this Act shall, at a minimum, be abandoned and plugged  in
accordance with the requirements of Sections 16 and 19 of the
Illinois  Oil  and Gas Act, and such rules as are promulgated
thereunder.  Nothing herein  shall  preclude  the  Department
from adopting plugging and abandonment requirements which are
more  stringent  than  the rules of the Department of Natural
Resources where necessary to protect the public health.
    (f)  The Department shall inspect all non-community water
systems for the purpose of determining  compliance  with  the
provisions  of  this  Section and the regulations promulgated
hereunder.
    (g)  The Department may inspect semi-private and  private
water  systems for the purpose of determining compliance with
the  provisions  of  this   Section   and   the   regulations
promulgated hereunder.
    (h)  The  supplier of water shall be given written notice
of all violations of this Section or  the  rules  promulgated
hereunder  and  all  such  violations shall be corrected in a
manner and time specified by the Department.
    (i)  The   Department   may   conduct   inspections    to
investigate    the   construction   or   water   quality   of
non-community  or  semi-private   water   systems,   or   the
construction  of  private  water systems. Upon request of the
owner or user, the Department may also conduct investigations
of the water quality of private water systems.
    (j)  The supplier of water for a  private,  semi-private,
or  non-community water system shall allow the Department and
its  authorized  agents  access  to  such  premises  at   all
reasonable times for the purpose of inspection.
    (k)  The  Department  may  designate  full-time county or
multiple-county  health  departments   as   its   agents   to
facilitate the implementation of this Section.
    (l)  The  Department  shall  promulgate and publish rules
necessary for the enforcement of this Section.
    (m)  Whenever  a  non-community  or  semi-private   water
system fails to comply with an applicable maximum contaminant
level  at  the point of use, the supplier of water shall give
public notification by the conspicuous posting of  notice  of
such  failure  as  long as the failure continues.  The notice
shall be written in a manner  reasonably  designed  to  fully
inform  users  of the system that a drinking water regulation
has been violated, and shall disclose all material facts. All
non-transient, non-community water systems  must  demonstrate
technical, financial, and managerial capacity consistent with
the federal Safe Drinking Water Act.
    (n)  The   provisions   of  the  Illinois  Administrative
Procedure Act, are hereby expressly adopted and  shall  apply
to  all administrative rules and procedures of the Department
of Public Health under this Section, except that in  case  of
conflict  between  the  Illinois Administrative Procedure Act
and  this  Section  the  provisions  of  this  Section  shall
control;  and  except  that  Section  5-35  of  the  Illinois
Administrative  Procedure  Act  relating  to  procedures  for
rulemaking shall not  apply  to  the  adoption  of  any  rule
required   by  federal  law  in  connection  with  which  the
Department  is  precluded  by   law   from   exercising   any
discretion.
    (o)  All final administrative decisions of the Department
issued  pursuant to this Section shall be subject to judicial
review pursuant  to  the  provisions  of  the  Administrative
Review  Law and the rules adopted pursuant thereto.  The term
"administrative decision" is defined as in Section  3-101  of
the Code of Civil Procedure.
    (p)  The  Director,  after  notice  and  opportunity  for
hearing  to  the  applicant,  may  deny, suspend, or revoke a
permit in any case in which he or she finds  that  there  has
been  a  substantial failure to comply with the provisions of
this  Section  or  the  standards,  rules   and   regulations
established by virtue thereof.
    Such  notice  shall  be  effected by certified mail or by
personal service setting forth the particular reasons for the
proposed action and fixing a date, not less than 15 days from
the date of such  mailing  or  service,  at  which  time  the
applicant shall be given an opportunity to request hearing.
    The  hearing  shall be conducted by the Director or by an
individual designated in writing by the Director  as  Hearing
Officer  to  conduct  the  hearing.  On the basis of any such
hearing, or upon default of the applicant, the Director shall
make a determination  specifying  his  or  her  findings  and
conclusions.   A  copy of such determination shall be sent by
certified mail or served personally upon the applicant.
    (q)  The procedure governing hearings authorized by  this
Section  shall be in accordance with rules promulgated by the
Department.  A full and complete record shall be kept of  all
proceedings,  including  the notice of hearing, complaint and
all other documents  in  the  nature  of  pleadings,  written
motions  filed  in the proceedings, and the report and orders
of the Director and Hearing Officer.  All testimony shall  be
reported  but  need  not  be transcribed unless review of the
decision is sought pursuant to the Administrative Review Law.
Copies of the transcript may be obtained  by  any  interested
party  on  payment of the cost of preparing such copies.  The
Director or Hearing Officer shall, upon his or her own motion
or on the written request of any  party  to  the  proceeding,
issue  subpoenas  requiring  the attendance and the giving of
testimony by witnesses, and subpoenas duces  tecum  requiring
the  production  of books, papers, records or memoranda.  All
subpoenas and subpoenas duces tecum issued under the terms of
this Section may be served by any person of legal  age.   The
fees of witnesses for attendance and travel shall be the same
as  the  fees  of witnesses before the circuit courts of this
State, such fees to be paid when the witness is excused  from
further  attendance.   When  the witness is subpoenaed at the
instance of the Director or Hearing Officer, such fees  shall
be  paid  in  the  same  manner  as  other  expenses  of  the
Department,  and  when  the  witness  is  subpoenaed  at  the
instance  of  any  other  party  to  any such proceeding, the
Department may require  that  the  cost  of  service  of  the
subpoena  or  subpoena duces tecum and the fee of the witness
be borne by the  party  at  whose  instance  the  witness  is
summoned.   In  such case, the Department, in its discretion,
may require a deposit to cover the cost of such  service  and
witness  fees.   A subpoena or subpoena duces tecum so issued
shall be served in the same manner as a subpoena issued by  a
circuit court.
    (r)  Any   circuit   court   of   this  State,  upon  the
application of the Director or upon the  application  of  any
other party to the proceeding, may, in its discretion, compel
the attendance of witnesses, the production of books, papers,
records  or  memoranda and the giving of testimony before the
Director or Hearing Officer conducting  an  investigation  or
holding   a   hearing  authorized  by  this  Section,  by  an
attachment for contempt or otherwise, in the same  manner  as
production of evidence may be compelled before the court.
    (s)  The  Director or Hearing Officer, or any party in an
investigation or hearing before the Department, may cause the
depositions of witnesses within the State to be taken in  the
manner  prescribed  by  law  for  like  depositions  in civil
actions in courts of this State, and to that end  compel  the
attendance  of witnesses and the production of books, papers,
records, or memoranda.
    (t)  Any person who violates this Section or any rule  or
regulation  adopted  by  the  Department, or who violates any
determination or order of the Department under this  Section,
shall be guilty of a Class A misdemeanor and shall be fined a
sum  not  less than $100.  Each day's violation constitutes a
separate offense.  The State's  Attorney  of  the  county  in
which  the  violation  occurs, or the Attorney General of the
State of Illinois, may bring such actions in the name of  the
People  of the State of Illinois; or may in addition to other
remedies provided  in  this  Section,  bring  action  for  an
injunction  to  restrain  such  violation,  or  to enjoin the
operation of any establishment.
    (u)  The State of Illinois,  and  all  of  its  agencies,
institutions,  offices and subdivisions shall comply with all
requirements,  prohibitions  and  other  provisions  of  this
Section and regulations adopted thereunder.
    (v)  No agency of the State shall  authorize,  permit  or
license the construction or operation of any potential route,
potential  primary  source, or potential secondary source, as
those terms are defined in the Environmental Protection  Act,
in  violation  of  any  provision  of  this  Section  or  the
regulations adopted hereunder.
    (w)  This  Section  shall  not  apply to any water supply
which is connected to  a  community  water  supply  which  is
regulated under the Environmental Protection Act.
(Source: P.A. 88-45; 89-445, eff. 2-7-96.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 21, 2001.
    Approved August 15, 2001.

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