Public Act 096-1366
 
SB3070 EnrolledLRB096 17183 JDS 32522 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Environmental Protection Act is amended  by 
adding Section 17.10 as follows:
 
    (415 ILCS 5/17.10 new)
    Sec. 17.10. Carcinogenic volatile organic compounds in 
community water systems.
    (a) (1) Findings. The General Assembly finds that 
    carcinogenic volatile organic compounds have been detected 
    in a number of community water systems in this State.  The 
    General Assembly further finds that it is in the best 
    interest of the people of the State of Illinois to require 
    owners and operators of community water systems to remove 
    carcinogenic volatile organic compounds from finished 
    water before their maximum contaminant levels are 
    exceeded.
        (2) Purpose. The purpose of this Section is to prevent 
    carcinogenic volatile organic compounds from exceeding 
    their maximum contaminant levels in the finished water of 
    community water systems by requiring owners and operators 
    of community water systems to take appropriate action when 
    carcinogenic volatile organic compounds are detected in 
    finished water.
    (b) For purposes of this Section:
        (1) "Carcinogen" means carcinogen as defined in 
    Section 58.2 of this Act.
        (2) "Community water system", "finished water", 
    "maximum contaminant level", "method detection limit", and 
    "volatile organic compound" shall have the meanings 
    ascribed to them in rules adopted by the Board at Part 611 
    of Title 35 of the Illinois Administrative Code.
    (c) If a carcinogenic volatile organic compound is detected 
in the finished water of a community water system at a 
concentration that equals or exceeds 50 percent of the 
carcinogenic volatile organic compound's maximum contaminant 
level and the Agency issues a notice under subdivision 
(a)(2)(B) of Section 25d-3 of this Act based on the presence of 
the carcinogenic volatile organic compound, the owner or 
operator of the community water system shall, within 45 days 
after the date the Agency issues the notice under subdivision 
(a)(2)(B) of Section 25d-3 of this Act, submit to the Agency a 
response plan designed to (i) prevent an exceedence of the 
maximum contaminant level in the finished water and (ii) reduce 
the concentration of the carcinogenic volatile organic 
compound so that it does not exceed the applicable method 
detection limit in the finished water.  The response plan shall 
also include periodic sampling designed to measure and verify 
the effectiveness of the response plan.
        (1) Upon Agency approval of the plan, with or without 
    modifications, the owner or operator of the community water 
    system shall implement the plan. In approving, modifying, 
    or denying a plan required under this Section, the Agency 
    shall take into account the technical feasibility and 
    economic reasonableness of the plan and any modification to 
    the plan. The owner or operator shall submit status reports 
    on the plan's implementation in accordance with a schedule 
    approved by the Agency.  Upon completion of the plan the 
    owner or operator shall submit to the Agency for review and 
    approval a response completion report.
        (2) Any action by the Agency to disapprove or modify a 
    plan or report required under this Section shall be subject 
    to appeal to the Board in accordance with the procedures of 
    Section 40 of this Act.
    (d)(1) No person required to submit a response plan under 
subsection (c) of this Section shall fail to submit the plan in 
accordance with the requirements of subsection (c). 
        (2) No person required to implement a response plan 
    under subdivision (c)(1) of this Section shall fail to 
    implement the plan in accordance with the requirements of 
    subdivision (c)(1). 
        (3) No person required to submit a status report or a 
    response completion report under subdivision(c)(1) of this 
    Section shall fail to submit the report in accordance with 
    the requirements of subdivision (c)(1). 
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.