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| Public Act 098-0856 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Water Supply Operations Act is | ||||
amended by changing Sections 1, 4, 9, 10, 11, 12, 13, 19, and | ||||
20 and by adding Sections 1.1, 9.4, 9.5, 9.6, and 23.1 as | ||||
follows:
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(415 ILCS 45/1) (from Ch. 111 1/2, par. 501)
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Sec. 1.
(1) In order to safeguard the health and well-being | ||||
well being of the
populace, every community water supply in | ||||
Illinois, other than an exempt community water supply as | ||||
specified in Section 9.1, shall have on its
operational staff, | ||||
and shall designate to the Agency in writing, either (i) one | ||||
Responsible Operator in Charge who directly supervises both the | ||||
treatment and distribution facilities of the community water | ||||
supply or (ii) one Responsible Operator in Charge who directly | ||||
supervises the treatment facilities of the community water | ||||
supply and one Responsible Operator in Charge who directly | ||||
supervises the distribution facilities of the community water | ||||
supply at least one natural person certified as competent as
a | ||||
water supply operator under the provisions of this Act.
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Except for exempt community water supplies as specified in | ||||
Section 9.1 of
this Act, all portions of a community water | ||||
supply system shall be under the
direct supervision of a | ||
Responsible Operator in Charge properly certified community | ||
water supply operator.
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(2) The following class requirements apply:
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(a) Each community water supply which includes | ||
coagulation, lime
softening, or sedimentation as a part of | ||
its primary treatment shall have in
its employ at least one | ||
individual natural person certified as competent as a Class | ||
A
community water supply operator. This includes all | ||
surface water community
water supplies.
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(b) Each community water supply which includes | ||
filtration, aeration and
filtration, or ion exchange | ||
equipment as a part of its primary treatment
shall have in | ||
its employ at least one individual natural person certified | ||
as competent
as a Class B or Class A community water supply | ||
operator.
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(c) Each community water supply which utilizes | ||
chemical feeding only
shall have in its employ at least one | ||
individual natural person certified as competent
as a Class | ||
C, Class B, or Class A community water supply operator.
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(d) Each community water supply in which the facilities | ||
are limited to
pumpage, storage, or distribution shall have | ||
in its employ at least one individual
natural person | ||
certified as competent as a Class D, Class C, Class B, or
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Class A community water supply operator.
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A community water supply that cannot be clearly grouped
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according to this Section will be considered individually and
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designated within one of the above groups by the Agency. This
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determination will be based on the nature of the community | ||
water
supply and on the education and experience necessary to | ||
operate it.
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(3) A community water supply may satisfy the requirements | ||
of this
Section by contracting the services of an individual | ||
who is a properly qualified certified operator
of the required | ||
class or higher, as specified in subsection (2), and will | ||
directly supervise the operation of the community water supply. | ||
That individual shall serve as the Responsible Operator in | ||
Charge of the community water supply. A
written agreement to | ||
this effect must be on file with the Agency certifying
that | ||
such an agreement exists, and delegating responsibility and | ||
authority
to the contracted party. This written agreement shall | ||
be signed by both the
certified operator to be contracted and | ||
the responsible community water
supply owner or official | ||
custodian and must be approved in writing by the
Agency.
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(Source: P.A. 91-84, eff. 7-9-99; 91-357, eff. 7-29-99; 92-16, | ||
eff.
6-28-01.)
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(415 ILCS 45/1.1 new) | ||
Sec. 1.1. Duties of Responsible Operators in Charge. | ||
(a) Each individual who is a Responsible Operator in Charge | ||
for a community water supply is jointly accountable with the | ||
owner of the community water supply for the proper operation of | ||
the portions of the community water supply over which he or she | ||
has been designated as the Responsible Operator in Charge. | ||
(b) Each individual who is a Responsible Operator in Charge | ||
for a community water supply shall: | ||
(1) hold a certificate of the class required for the | ||
operation of the portions of the community water supply | ||
over which he or she has been designated as the Responsible | ||
Operator in Charge; | ||
(2) directly supervise the operation of the portions of | ||
the community water supply over which he or she has been | ||
designated as the Responsible Operator in Charge; and | ||
(3) submit, in accordance with Board rules, consumer | ||
confidence reports, monthly operating reports, and | ||
drinking water compliance monitoring results, such as | ||
corrosion control reports and monitoring results.
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(415 ILCS 45/4) (from Ch. 111 1/2, par. 504)
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Sec. 4.
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"Water Supply Operator" means any individual natural | ||
person trained in the
treatment or distribution of water who | ||
has practical working knowledge of
the chemical, biological, | ||
and physical sciences essential to the practical
mechanics of | ||
water treatment or distribution and who is capable of
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conducting and maintaining the water treatment or distribution | ||
processes in
a manner which will provide safe, potable water | ||
for human consumption.
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(Source: P.A. 78-810.)
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(415 ILCS 45/9) (from Ch. 111 1/2, par. 509)
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Sec. 9.
"Owner or Official Custodian" means any person who | ||
owns,
leases, controls, or
supervises a community water supply.
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(Source: P.A. 91-84, eff. 7-9-99.)
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(415 ILCS 45/9.4 new) | ||
Sec. 9.4. Official custodian. "Official custodian" means | ||
an individual who is an officer of an entity that is the owner | ||
of a community water supply and acts as the owner's agent in | ||
matters concerning the community water supply. | ||
(415 ILCS 45/9.5 new) | ||
Sec. 9.5. Person. "Person" means any individual, | ||
partnership, co-partnership, firm, company, limited liability | ||
company, corporation, association, joint stock company, trust, | ||
estate, political subdivision, state agency, or any other legal | ||
entity, or their legal representative, agent, or assigns. | ||
(415 ILCS 45/9.6 new) | ||
Sec. 9.6. Responsible Operator in Charge. "Responsible | ||
Operator in Charge" means an individual who is designated as a | ||
Responsible Operator in Charge of a community water supply | ||
under Section 1 of this Act.
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(415 ILCS 45/10) (from Ch. 111 1/2, par. 510)
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Sec. 10.
The Agency shall exercise the following functions, | ||
powers, and
duties with respect to community water supply | ||
operator certification:
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(a) The Agency shall conduct examinations to ascertain the
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qualifications of applicants for certificates of competency as | ||
community
water supply operators, and pass upon the | ||
qualifications of applicants for
reciprocal certificates.
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(b) The Agency shall determine the qualifications of each | ||
applicant
on the basis of written examinations, and upon a | ||
review of the requirements
stated in Sections 13 and 14 of this | ||
Act.
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(c) (Blank).
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(d) The Agency may suspend, revoke, or refuse to issue any | ||
certificate
of competency for any one or any combination of the | ||
following causes:
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(1) the practice of any fraud or deceit in obtaining or | ||
attempting
to obtain, renew, or restore a certificate of | ||
competency;
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(2) any gross negligence, incompetency, misconduct, or
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falsification of reports in the operation of a water | ||
supply;
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(3) being declared to be an individual a person under | ||
legal disability by a
court of competent jurisdiction and | ||
not thereafter having been lawfully
declared to be an | ||
individual a person not under legal disability or to
have | ||
recovered; or
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(4) failure to comply with any of the Rules pertaining | ||
to the
operation of a water supply.
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(e) The Agency shall issue a Certificate to any applicant | ||
who has
satisfactorily met all the requirements of the Act | ||
pertaining to a certificate
of competency as a water supply | ||
operator.
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(f) The Agency shall notify every certified community water | ||
supply
operator at the last address specified by the operator | ||
to the Agency, and at
least one month in advance of the | ||
expiration of the certificate, of the date
of expiration of the | ||
certificate and the amount of fee required for its renewal
for | ||
3 years.
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(g) The Agency shall, upon its own motion, or upon a | ||
written complaint,
investigate the action of any individual | ||
person holding or claiming to hold a certificate,
and take | ||
appropriate action.
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(h) The Agency is authorized to adopt reasonable and
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necessary rules to set forth procedures and criteria for the
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administration of this Act.
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(i) The Agency may investigate violations of this Act or | ||
any rule adopted under this Act. | ||
(j) The Agency may issue administrative citations as | ||
provided in Section 23.1 of this Act. | ||
(Source: P.A. 91-84, eff. 7-9-99; 92-16, eff. 6-28-01.)
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(415 ILCS 45/11) (from Ch. 111 1/2, par. 511)
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Sec. 11.
"Advisory Board" means the community water supply | ||
operator's
advisory board to
assist in the formulation of and | ||
to review the policies and program of the
Agency as developed | ||
under authority of this Act, and to make
recommendations and to | ||
provide the Agency with such technical
advice and assistance as | ||
may be requested.
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The Advisory Board shall consist of the Director and 5 | ||
other
members to
be appointed by the Governor one of whom shall | ||
be the chief executive
officer of a municipality operating its | ||
own municipal water plant. The 5
appointed members shall be | ||
individuals persons having an active interest and with wide
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background in water supply management and operation from a | ||
practical and
technical standpoint.
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The 5 appointed members of the Advisory Board
serving at | ||
the
effective date of this Act shall continue in the same | ||
capacity until their
previously designated term expires. On the | ||
expiration of the term of any member the Governor
shall appoint | ||
for a term of 5 years an individual a person having the | ||
qualifications
hereinabove specified to take the place of the | ||
member whose term has
expired, and who shall hold office until | ||
the expiration of the term and until a successor has been | ||
appointed
and
qualified.
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The Director of the Agency or an authorized representative | ||
shall serve as
secretary of the Advisory Board without any | ||
additional compensation.
The Director or an authorized | ||
representative shall
attend all meetings of the
Advisory Board, | ||
keep minutes, and take part in its discussion, but shall
not be | ||
entitled
to vote.
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The Advisory Board shall select one of its
members to serve | ||
as Chairman at the first regular meeting in each
calendar year.
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The Advisory Board shall meet annually and at such | ||
intervals as may be
necessary to transact business which may | ||
come before it upon call of the
Agency, the
Chairman of the | ||
Advisory Board, or any 3 of its members. Any
3 members shall | ||
constitute a quorum.
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The Secretary shall see that accurate minutes are kept of | ||
all duly
constituted meetings of the Advisory Board.
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Members of the Advisory Board shall serve without | ||
compensation, but
shall be reimbursed for expenses incurred | ||
while traveling and performing
duties under this Act. Such | ||
expenses shall be paid from funds of the Agency
appropriated | ||
therefor.
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The Advisory Board shall have the authority to review
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contested Agency reciprocity determinations. The Advisory | ||
Board
must provide applicants who are denied reciprocity with | ||
an
opportunity to appear before the Board. The Advisory Board | ||
shall
review the decision to deny reciprocity and must provide | ||
a
recommendation to the Agency.
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(Source: P.A. 91-84, eff. 7-9-99.)
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(415 ILCS 45/12) (from Ch. 111 1/2, par. 512)
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Sec. 12.
(a) The Pollution Control Board shall, upon the | ||
sworn written
request of the applicant or certificate holder, | ||
conduct
hearings or proceedings for the Agency's refusal to | ||
issue, suspension,
revocation,
or denied renewal of | ||
certificates of individuals persons applying
for or holding | ||
certification under the provisions of this
Act.
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(b) Hearings shall be conducted under Rules and Regulations | ||
adopted
by the Pollution Control Board outlining the procedures | ||
to be followed in
conducting a hearing.
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(Source: P.A. 91-84, eff. 7-9-99.)
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(415 ILCS 45/13) (from Ch. 111 1/2, par. 513)
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Sec. 13.
Community Water Supply Operators shall be | ||
certified in accordance with the
following classifications:
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(a) A "Class A" Water Supply Operator Certificate shall be | ||
issued to
those individuals persons who, in accordance with the | ||
provisions of Sections 1 through
23 of this Act, demonstrate | ||
the necessary skills, knowledge, ability, and
judgment of the | ||
chemical,
biological, and physical sciences essential to the | ||
practical mechanics of
coagulation, lime softening, and | ||
sedimentation, and distribution in a
manner which will provide | ||
safe, potable water for human consumption. This
includes all | ||
surface water community water supplies. The operators
will also | ||
demonstrate the necessary skills, knowledge, ability, and | ||
judgment
of the treatment processes
outlined in Sections 13 | ||
(b),
13 (c), and 13 (d) of this Act.
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(b) A "Class B" Water Supply Operator Certificate shall be | ||
issued to
those individuals persons who, in accordance with the | ||
provisions of Section 1 through
23 of this Act, demonstrate the | ||
necessary skills, knowledge, ability, and
judgment of the | ||
chemical,
biological, and physical sciences essential to the | ||
practical mechanics of
filtration, aeration and filtration, | ||
and ion exchange systems, and
distribution in a manner which | ||
will provide safe, potable water for human
consumption. The | ||
operators will also demonstrate the necessary
skills, | ||
knowledge, ability, and judgment of the treatment processes | ||
outlined in
Sections 13 (c) and 13 (d) of this Act.
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(c) A "Class C" Water Supply Operator Certificate shall be | ||
issued to
those individuals persons who, in accordance with the | ||
provisions of Sections 1 through
23 of this Act, demonstrate | ||
the necessary skills, knowledge, ability, and
judgment of the | ||
chemical,
biological, and physical sciences essential to the | ||
practical mechanics of
chemical feeding and disinfection and | ||
distribution in a manner which will
provide safe, potable water | ||
for human consumption. The operators
will also demonstrate the | ||
necessary skills, knowledge, ability, and judgment
of the | ||
treatment processes outlined in Section 13 (d) of this Act.
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(d) A "Class D" Water Supply Operator Certificate shall be | ||
issued to
those individuals persons who, in accordance with the | ||
provisions of Sections 1 through
23 of this Act, demonstrate | ||
the necessary skills, knowledge, ability, and
judgment of the | ||
chemical,
biological, and physical sciences essential to the | ||
practical mechanics of
pumpage, storage, and distribution in a | ||
manner which will provide safe,
potable water for human | ||
consumption.
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(Source: P.A. 91-84, eff. 7-9-99.)
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(415 ILCS 45/19) (from Ch. 111 1/2, par. 519)
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Sec. 19.
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(a) The registered individual person in responsible
charge | ||
of a previously exempt community water supply on the
effective | ||
date of this amendatory Act of the 91st General Assembly may be
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issued a certificate of
competency, with no fee required, after | ||
the effective date of this
amendatory Act of the 91st General | ||
Assembly for the community water supply for
which the | ||
individual is
registered.
The community water supply owner must | ||
make application for grandparenting of
the operator in | ||
responsible charge within 2 years of the effective date of this
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amendatory Act of the 91st General Assembly.
This certificate | ||
is non-transferable, site specific,
and is not valid if the | ||
water system is reclassified to a higher
level.
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(b) Each individual who is issued a certificate of | ||
competency
under Section 19(a) of this Act may renew the | ||
certificate every 3 years in
accordance with the renewal | ||
requirements of Sections 18 and 22 of
this Act.
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(Source: P.A. 91-84, eff. 7-9-99.)
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(415 ILCS 45/20) (from Ch. 111 1/2, par. 520)
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Sec. 20.
The Agency shall, upon application and payment of | ||
the
proper fee, issue a certificate of competency to any | ||
individual person who holds an
unexpired certificate of | ||
competency issued by any state or territory
or possession of | ||
the United States or of any country, if:
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(a) the requirements for the certificate of competency | ||
under which the
certificate of competency was issued do not | ||
conflict with and are
substantially equal to those specified by | ||
Sections 1 through 23 of this
Act; and
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(b) the particular state or territory or possession of the | ||
United States
or country extends similar privileges to persons | ||
certified under Sections 1
through 23 of this Act.
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(Source: P.A. 91-84, eff. 7-9-99.)
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(415 ILCS 45/23.1 new) | ||
Sec. 23.1. Administrative citations. | ||
(a) Violations of the requirement set forth in paragraph | ||
(3) of subsection (b) of Section 1.1 of this Act shall be | ||
enforceable by administrative citation under this Section or as | ||
otherwise provided in this Act. | ||
(b) If Agency personnel discover that a Responsible | ||
Operator in Charge has violated paragraph (3) of subsection (b) | ||
of Section 1.1 of this Act, the Agency may issue and serve, in | ||
person or by certified mail, an administrative citation upon | ||
that individual within not more than 90 days after the date of | ||
the discovery of the violation. Each citation issued under this | ||
subsection (b) shall be served upon the individual named in the | ||
citation or that individual's authorized agent for service of | ||
process, and shall include the following information: | ||
(1) a statement specifying the report or result that | ||
the Responsible Operator in Charge failed to submit in | ||
accordance with Board rules and a citation to the Board | ||
rules that were violated; | ||
(2) a copy of any report in which the Agency recorded | ||
the violation; | ||
(3) the penalty imposed by subsection (f) of this | ||
Section for the violation; | ||
(4) instructions for contesting the administrative | ||
citation findings pursuant to this Section, including | ||
notification that the individual has 35 days within which | ||
to file a petition for review before the Illinois Pollution | ||
Control Board to contest the administrative citation; and | ||
(5) an affidavit by the personnel recording the | ||
violation. | ||
(c) No later than 15 days after the date of service, the | ||
Agency shall file a copy of each administrative citation served | ||
under subsection (b) of this Section with the Illinois | ||
Pollution Control Board, which is hereby authorized to conduct | ||
proceedings upon administrative citations issued pursuant to | ||
this Section. | ||
(d) If the individual named in the administrative citation | ||
fails to petition the Illinois Pollution Control Board for | ||
review within 35 days after the date of service of the | ||
citation, the Illinois Pollution Control Board shall adopt a | ||
final order, which shall include the administrative citation | ||
and findings of violation as alleged in the citation, and shall | ||
impose the penalty specified in subsection (f) of this Section. | ||
If a petition for review is filed before the Illinois | ||
Pollution Control Board to contest an administrative citation | ||
issued under subsection (b) of this Section, the Agency shall | ||
appear as a complainant at a hearing before the Illinois | ||
Pollution Control Board to be conducted in accordance with the | ||
requirements of Section 32 of the Environmental Protection Act | ||
at a time not less than 21 days after notice of the hearing has | ||
been sent by the Illinois Pollution Control Board to the Agency | ||
and the individual named in the citation. In these hearings, | ||
the burden of proof shall be on the Agency. If, based on the | ||
record, the Illinois Pollution Control Board finds that the | ||
alleged violation occurred, it shall adopt a final order, which | ||
shall include the administrative citation and findings of | ||
violation as alleged in the citation, and shall impose the | ||
penalty specified in subsection (f) of this Section. However, | ||
if the Illinois Pollution Control Board finds that the | ||
individual appealing the citation has shown that the violation | ||
resulted from uncontrollable circumstances, the Illinois | ||
Pollution Control Board shall adopt a final order that makes no | ||
finding of violation and imposes no penalty. | ||
(e) Sections 10-25 through 10-60 of the Illinois | ||
Administrative Procedure Act shall not apply to any | ||
administrative citation issued under subsection (b) of this | ||
Section. | ||
(f) In an administrative citation action under this | ||
Section, any Responsible Operator in Charge who is found to | ||
have violated paragraph (3) of subsection (b) of Section 1.1 of | ||
this Act shall pay a civil penalty of $500 for each violation | ||
of that provision, plus any hearing costs incurred by the Board | ||
and the Agency, except that the civil penalty amount shall be | ||
$1,500 for each violation of paragraph (3) of subsection (b) of | ||
Section 1.1 of this Act that is the individual's second or | ||
subsequent adjudicated violation of that provision. The | ||
penalties assessed under this Section shall be deposited into | ||
the Environmental Protection Trust Fund, to be used in | ||
accordance with the provisions of the Environmental Protection | ||
Trust Fund Act. | ||
(g) All final orders issued and entered by the Illinois | ||
Pollution Control Board pursuant to this Section shall be | ||
enforceable by injunction, mandamus, or other appropriate | ||
remedy, as is provided for other orders of the Illinois | ||
Pollution Control Board under Section 42 of the Environmental | ||
Protection Act.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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