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91_HB2636enr HB2636 Enrolled LRB9102843LDmbA 1 AN ACT to amend the Public Water Supply Operations Act. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Public Water Supply Operations Act is 5 amended by changing Sections 1, 9, 9.1, 10, 11, 12, 13, 14, 6 16, 17, 18, 19, 20, and 22 and adding Section 9.3 as follows: 7 (415 ILCS 45/1) (from Ch. 111 1/2, par. 501) 8 Sec. 1. In order to safeguard the health and well being 9 of the populace, every communitypublicwater supply in 10 Illinois shall have on its operational staff at least one 11 natural person certified as competent as a water supply 12 operator under the provisions of this Act. 13 Except for exempt communitypublicwater supplies as 14 specified in Section 9.1 of this Act, all portions of a 15 communitypublicwater supply system shall be under the 16 direct supervision of a properly certified community water 17 supply operator. 18 (a) Each communitypublicwater supply which 19 includes coagulation, lime softening, or sedimentation as 20 a part of its primary treatment shall have in its employ 21 at least one natural person certified as competent as a 22 Class A community water supply operator. This includes 23 all surface water community water supplies. 24 (b) Eachnon-exemptcommunitypublicwater supply 25 which includes filtration, aeration and filtration, or 26 ion exchange equipment as a part of its primary treatment 27 shall have in its employ at least one natural person 28 certified as competent as a Class B or Class A community 29 water supply operator. 30 (c) Eachnon-exemptcommunitypublicwater supply 31 which utilizes chemical feeding only shall have in its HB2636 Enrolled -2- LRB9102843LDmbA 1 employ at least one natural person certified as competent 2 as a Class C, Class B, or Class A community water supply 3 operator. 4 (d) EachThose non-exemptcommunitypublicwater 5 supplysuppliesin which the facilities are limited to 6 pumpage, storage, or distribution shall have in itstheir7employ at least one natural person certified as 8 competent as a Class D, Class C, Class B, or Class A 9 community water supply operator. 10 (e) A community water supply that cannot be clearly 11 grouped according to this Section will be considered 12 individually and designated within one of the above 13 groups by the Agency. This determination will be based 14 on the nature of the community water supply and on the 15 education and experience necessary to operate it. 16 A communitypublicwater supply may satisfy the 17 requirements of this Section1 of this Actby contracting the 18 services of a properly qualified certified operator of the 19 required class or higher, as specified in this Section1 of20this Act. A written agreementcontractto this effect must be 21 on file with the Agency certifying that such an agreement 22 exists, and delegating responsibility and authority to the 23 contracted party. This written agreement shall be signed by 24 both the certified operator to be contracted and the 25 responsible community water supply owner or official 26 custodianowners and operators, shall be duly notarized,and 27 must be approved in writing by the Agency. 28 (Source: P.A. 82-393; revised 10-31-98.) 29 (415 ILCS 45/9) (from Ch. 111 1/2, par. 509) 30 Sec. 9. "Owner or Official CustodianOperator" means any 31 person who owns, leases, controls, or supervises a community 32publicwater supply. 33 (Source: P.A. 78-810.) HB2636 Enrolled -3- LRB9102843LDmbA 1 (415 ILCS 45/9.1) (from Ch. 111 1/2, par. 509.1) 2 Sec. 9.1. "Exempt CommunityPublicWater Supply" means 3 any communitypublicwater supply which meets all of the 4 following requirements:of (1), (2), (3) or (4) below.5 (1) consists only of distribution and storage facilities 6 and does not have any collection and treatment facilities;A7state-owned or operated community public water supply which8includes only a service connection from a non-exempt public9water supply to a single building or drinking fountains.10Individual state-owned or operated buildings, each part of a11single state institution, but each with its own service12connection to a non-exempt community water supply main, with13no other water supply connections between buildings, shall14qualify under this paragraph.15 (2) obtains all of its water from, but is not owned or 16 operated by, a community water supply that is required to 17 employ a Class A, Class B, Class C, or Class D community 18 water supply operator;A state-owned or operated public water19supply which serves only one state-owned facility which is20used as a single family residence.21 (3) does not sell water to any person; andA public22water supply which meets all of the following conditions:23(a) Consists only of distribution and storage24facilities and does not have any collection and treatment25facilities;26(b) Obtains all of its water from, but is not owned27or operated by a public water supply to which such28regulations apply;29(c) Does not sell water to any person; and30(d) Is not an interstate carrier watering point.31 (4) is not a carrier that conveys passengers in 32 interstate commerce.A community public water supply which33meets all of the following conditions:34(a) Pumps not more than 100 gallons of water perHB2636 Enrolled -4- LRB9102843LDmbA 1capita per day, averaged annually;2(b) Has no more than three miles of distribution3piping for delivery of water to consumers;4(c) Has as its only source of raw water one or more5property constructed wells into confined geologic6formations not subject to contamination;7(d) Has no history of persistent or recurring8contamination, as indicated by sampling results which9show violations of finished water quality requirements,10for the most recent five-year period;11(e) Does not have any treatment other than12hypochlorination and fluoridation, except that13domestic-type equipment such as ion exchange softeners14and iron removal filters, properly installed and15maintained by a qualified service organization, may be16used;17(f) Has an active program approved by the Agency to18educate water supply consumers on preventing the entry of19contaminants into the water system.20 (Source: P.A. 82-393.) 21 (415 ILCS 45/9.3 new) 22 Sec. 9.3. Grandparenting means the exemption for the 23 existing operator in responsible charge, as of the effective 24 date of this amendatory Act of the 91st General Assembly, 25 from meeting the initial education and examination 26 requirements for the class of certification the community 27 water supply has been assigned. 28 (415 ILCS 45/10) (from Ch. 111 1/2, par. 510) 29 Sec. 10. The Agency shall exercise the following 30 functions, powers, and duties with respect to community water 31 supply operator certification: 32 (a) Conduct examinations to ascertain the qualifications HB2636 Enrolled -5- LRB9102843LDmbA 1 of applicants for certificates of competency as community 2 water supply operators, and pass upon the qualifications of 3 applicants for reciprocal certificates; 4 (b) Determine the qualifications of each applicant on 5 the basis of written examinations, and upon a review of the 6 requirements stated in Sections 13 and 14 of this Act; 7 (c) (Blank);May exempt those State-owned public water8supplies meeting the requirements listed in Sec. 6 of this9Act;10 (d) May suspend, revoke, or refuse to issue any 11 certificate of competency for any one or any combination of 12 the following causes: 13 1) The practice of any fraud or deceit in obtaining 14 or attempting to obtain, renew, or restore a certificate 15 of competency; 16 2) Any gross negligence, incompetency,or17 misconduct, or falsification of reports in the operation 18 of a water supply; 19 3) Being declared to be a person under legal 20 disability by a court of competent jurisdiction and not 21 thereafter having been lawfully declared to be a person 22 not under legal disability or to have recovered; or 23 4) Failure to comply with any of the Rules 24 pertaining to the operation of a water supply; 25 (e) Shall issue a Certificate to any applicant who has 26 satisfactorily met all the requirements of the Act pertaining 27 to a certificate of competency as a water supply operator; 28 (f) Shall notify every certified community water supply 29 operatorand every registrantat the last addresslast30theretoforespecified by the operatorin his last31notificationto the Agency, and at least one month in advance 32 of the expiration of the certificateor registration, of the 33 date of expiration of thehiscertificateor registrationand 34 the amount of fee required for its renewal for 3 years; and HB2636 Enrolled -6- LRB9102843LDmbA 1 (g) ShallMay, upon its own motion, orand shall,upon a 2the swornwritten complaintin writing of any persons3setting forth charges which if proved would constitute4grounds for refusal, suspension, or revocation of a5certificate or registration as hereinabove set forth, 6 investigate the action of any person holding or claiming to 7 hold a certificateor registration, and take appropriate 8 action. 9 (h) The Agency is authorized to adopt reasonable and 10 necessary rules to set forth procedures and criteria for the 11 administration of this Act. 12 (Source: P.A. 83-706.) 13 (415 ILCS 45/11) (from Ch. 111 1/2, par. 511) 14 Sec. 11. "Advisory Board" means the community water 15 supply operator's advisory board to assist in the formulation 16 of and to review the policies and program of the Agency as 17 developed under authority of this Act, and to make 18 recommendationsthereonand to provide the Agency with such 19 technical advice and assistance as may be requested. 20 The Advisory Board shall consist of the Director and 5 21 other members to be appointed by the Governor one of whom 22 shall be the chief executive officer of a municipality 23 operating its own municipal water plant. The 5fiveappointed 24 members shall be persons having an active interest and with 25 wide background in water supply management and operation from 26 a practical and technical standpoint. 27 The 5 appointedfour appointivemembers of the Advisory 28 Board serving at the effective date of this Act shall 29 continue in the same capacity until their previously 30 designated term expires.At the effective date of this Act,31the Governor shall appoint a fifth Advisory Board Member to32serve until September 1, 1977.On the expiration of the term 33 of any member the Governor shall appoint for a term of 5 HB2636 Enrolled -7- LRB9102843LDmbA 1 years a person having the qualifications hereinabove 2 specified to take the place of the member whose term has 3 expired, and who shall hold office until the expiration of 4 the termfor which he is appointedand until ahissuccessor 5 has been appointed and qualified. 6 The Director of the Agency or an authorized 7 representative shall serve as secretaryand active8administratorof the Advisory Board without any additional 9 compensation. The DirectorHe,or anhisauthorized 10 representative shall attend all meetings of the Advisory 11 Board, keep minutes, and take part in its discussion, but 12 shall not be entitled to vote. 13 The Advisory Board shall select, at its first meeting,14 one of its members to serve as Chairman, andat the first 15 regular meeting in each calendar yearthereafter the Chairman16for the ensuing year shall be selected. 17 The Advisory Board shall meet annually and at such 18 intervals as may be necessary to transact business which may 19 come before it upon call of the Agency, the Chairman of the 20 Advisory Board, or any 3 of its members. Any 3 members shall 21 constitute a quorum. 22 The Secretary shall see that accurate minutes are kept of 23 all duly constituted meetings of the Advisory Board. 24 Members of the Advisory Board shall serve without 25 compensation, but shall be reimbursed for expenses incurred 26 while traveling and performing duties under this Act. Such 27 expenses shall be paid from funds of the Agency appropriated 28 therefor. 29 The Advisory Board shall have the authority to review 30 contested Agency reciprocity determinations. The Advisory 31 Board must provide applicants who are denied reciprocity with 32 an opportunity to appear before the Board. The Advisory 33 Board shall review the decision to deny reciprocity and must 34 provide a recommendation to the Agency. HB2636 Enrolled -8- LRB9102843LDmbA 1 (Source: P.A. 78-810.) 2 (415 ILCS 45/12) (from Ch. 111 1/2, par. 512) 3 Sec. 12. (a) The Pollution Control Board shall, upon the 4 sworn written request of the applicant, registrantor 5 certificate holder, conduct hearings or proceedings for the 6 Agency's refusal to issue, suspension, revocation, or denied 7 renewal of certificatesor registrationof persons applying 8 for or holding certificationor registrationunder the 9 provisions of this Act. 10 (b) Hearings shall be conducted under Rules and 11 Regulations adopted by the Pollution Control Board outlining 12 the procedures to be followed in conducting a hearing. 13 (Source: P.A. 82-393.) 14 (415 ILCS 45/13) (from Ch. 111 1/2, par. 513) 15 Sec. 13. Community Water Supply Operators shall be 16 certified in accordance with the following classifications: 17 (a) A "Class A" Water Supply Operator Certificate shall 18 be issued to those persons who, in accordance with the 19 provisions of Sections 1 through 23 of this Act, demonstrate 20 the necessary skills, knowledge, ability, and judgmenta21practical working knowledgeof the chemical, biological, and 22 physical sciences essential to the practical mechanics of 23 coagulation, lime softening, and sedimentation, and 24 distribution in a manner which will provide safe, potable 25 water for human consumption. This includes all surface water 26 community water supplies. The operatorsHewill also 27 demonstrate the necessary skills, knowledge, ability, and 28 judgment of the treatment processeshave fulfilled the29requirements asoutlined in Sections 13 (b), 13 (c), and 13 30 (d) of this Act. 31 (b) A "Class B" Water Supply Operator Certificate shall 32 be issued to those persons who, in accordance with the HB2636 Enrolled -9- LRB9102843LDmbA 1 provisions of Section 1 through 23 of this Act, demonstrate 2 the necessary skills, knowledge, ability, and judgmenta3practical working knowledgeof the chemical, biological, and 4 physical sciences essential to the practical mechanics of 5 filtration, aeration and filtration, and ion exchange 6 systems, and distribution in a manner which will provide 7 safe, potable water for human consumption. The operatorsHe8 will also demonstrate the necessary skills, knowledge, 9 ability, and judgment of the treatment processeshave10fulfilled the requirements asoutlined in Sections 13 (c) and 11 13 (d) of this Act. 12 (c) A "Class C" Water Supply Operator Certificate shall 13 be issued to those persons who, in accordance with the 14 provisions of Sections 1 through 23 of this Act, demonstrate 15 the necessary skills, knowledge, ability, and judgmenta16practical working knowledgeof the chemical, biological, and 17 physical sciences essential to the practical mechanics of 18 chemical feeding and disinfection and distribution in a 19 manner which will provide safe, potable water for human 20 consumption. The operatorsHewill also demonstrate the 21 necessary skills, knowledge, ability, and judgment of the 22 treatment processeshave fulfilled the requirements as23 outlined in Section 13 (d) of this Act. 24 (d) A "Class D" Water Supply Operator Certificate shall 25 be issued to those persons who, in accordance with the 26 provisions of Sections 1 through 23 of this Act, demonstrate 27 the necessary skills, knowledge, ability, and judgmenta28practical working knowledgeof the chemical, biological, and 29 physical sciences essential to the practical mechanics of 30 pumpage, storage, and distribution in a manner which will 31 provide safe, potable water for human consumption. 32 (Source: P.A. 78-810.) 33 (415 ILCS 45/14) (from Ch. 111 1/2, par. 514) HB2636 Enrolled -10- LRB9102843LDmbA 1 Sec. 14. Every community water supply operator certified 2 by the Agency shall be capable of performing his or her 3 duties without endangering the health and well being of the 4 populace; shall be able to read and write English; and shall 5 produce evidence acceptable to the Agency as to his or her 6 character and his or her ability to maintain and operate 7 properly the structures and equipment entrusted to the 8 operator'shiscare. In addition, water supply operators 9 shall be certified as Class "A", Class "B", Class "C", Class 10 "D" operators in accordance with classes based on the level 11 of competency determined by examination and in accordance 12 with educational and experience levels as follows: 13 (a) Class "A" and Class "B" Water Supply Operator 14 Certificates require: 1.graduation from high school or 15 equivalent and not less than 3 years of acceptable study, 16 training, and responsible experience in water supply 17 operation or management as described in Sections 13 and 14 of 18 this Act. 192. Grammar school completion or equivalent and not less20than 4 years of acceptable study, training, and responsible21experience in water supply operation or management as22described in Sections 13 and 14 of this Act.23 (b) Class "C" Water Supply Operator Certificates require 24Certificate: 1.graduation from high school or the 25 equivalent and not less than one year of acceptable study, 26 training, and responsible experience in water supply 27 operation or management as described in Sections 13 and 14 of 28 this Act. 292. Grammar school completion or equivalent and not less30than 2 years of acceptable study, training, and responsible31experience in water supply operation or management as32described in Sections 13 and 14 of this Act.33 (c) Class "D" Water Supply Operator Certificates require 34Certificate: 1.graduation from high school or HB2636 Enrolled -11- LRB9102843LDmbA 1 equivalent and not less than 6 months of acceptable study, 2 training, and responsible experience in water supply 3 operation or management as described in Sections 13 and 14 of 4 this Act. 52. Grammar school completion or equivalent and not less6than one year of acceptable study, training, and responsible7experience in water supply operation or management as8described in Sections 13 and 14 of this Act.9 (d) The requirement for graduation from high school or 10 the equivalent shall be waived for community water supply 11 operators certified prior to the effective date of this 12 amendatory Act of the 91st General Assembly and for community 13 water supply operators certified under Section 19(a) of this 14 Act. 15 (Source: P.A. 78-810.) 16 (415 ILCS 45/16) (from Ch. 111 1/2, par. 516) 17 Sec. 16. Applications for certification shall: 18 (a) Be on forms prescribed and furnished by the Agency; 19 (b) Contain statementsmade under oathshowing 20 applicant's education and experience; 21 (c) Contain not less than 3 references; and 22 (d) Be accompanied by the proper fee ashereinafter23 provided in Section 22 of this Act. 24 (Source: P.A. 78-810.) 25 (415 ILCS 45/17) (from Ch. 111 1/2, par. 517) 26 Sec. 17. Examinations provided for in Section 10 of this 27 Act shall be given to community water supply operator 28 certification applicants for the purpose of determining if 29 said applicants can demonstrate the necessary skills, 30 knowledge, ability, and judgmenta practical working31knowledgeof the sciences and mechanics of water supply 32 operation as outlined in Section 13 of this Act. HB2636 Enrolled -12- LRB9102843LDmbA 1 (a) Examinations shall be of separate classifications as 2 outlined in Section 13 of this Act. 3 (b) Examinations shall be conductedunder Technical4Releases as providedby the Agency, and shall be held not 5 less frequently than annually, at times and places prescribed 6 by the Agency, of which applicants shall be notified by the 7 Agency in writing. 8 (c) Unless issued under grandparenting in Section 19 of 9 this Act, or under reciprocity in Section 20 of this Act, no 10 certificate shall be issued prior to successful completion of 11 the applicable examination. 12 (Source: P.A. 78-810.) 13 (415 ILCS 45/18) (from Ch. 111 1/2, par. 518) 14 Sec. 18. The Water Supply Operator Certificate shall 15 certify the competency of the applicant within the class of 16 certificate issued, and shall show the full name of the 17 applicant, have a serial number,and be signed by the 18 Director. 19 (a) Certificates shall be issued for a period of 3 20 years, with the expiration date being three years from the 21 first day of July of the calendar year in which the 22 certificate is issued. 23 (b) Every 3 years, on or before the July 1 expiration, a 24 certified community water supply operator shall renew his or 25 her certificate of competency and pay the required renewal 26 fee. A grace period for renewal will be granted until August 27 1 of that year before the restoration feereinstatement28penaltyis assessed as provided in Section 2215of this Act. 29 (c) A certified water supply operator may renew his or 30 her certificate every 3 years upon a showing, prior to 31 certificate renewal, that:At the time of a certificate32renewal, no additional examination shall be required,33providing certificate holder requests renewal in the sameHB2636 Enrolled -13- LRB9102843LDmbA 1classification without a revision in certificate class.2 (1) in the case of a Class "A" or Class "B" 3 operator, he or she has completed a minimum of 30 hours 4 of training as determined by the Agency for certificate 5 renewal during the period of 3 years; or 6 (2) in the case of a Class "C" or Class "D" 7 operator, he or she has completed a minimum of 15 hours 8 of training as determined by the Agency for certificate 9 renewal during the period of 3 years. 10 (d) An individualA certified Water Supply Operator11 whose certificate of competency has been expired for less 12 than 25years may have his or her certificate restored only 13 upon payment ofall lapsed renewal fees, and also upon14payment ofthe required restoration fee and upon a showing 15 that the individual has completed the required training. An 16 individualA water supply operatorwhose certificate has been 17 expired for more than 25years maymustreapply for 18 certification as a water supply operator. 19 (e) Any certified Community Water Supply Operator whose 20 certificate of competency has expired while the operatorhe21 was engaged in Federal Service on Active Duty with the Armed 22 Forces of the United States, including United States Merchant 23 Marines, or in training or education under the supervision of 24 the United States preliminary to induction into the military 25 service, may have his or her certificate of competency 26 restored without paying any lapsed renewal fee or restoration 27 fee or passing any additional examination if, within one year 28 after termination of such service, training, or education, 29 other than by dishonorable discharge, the operatorhe30 furnishes the Agency with an affidavit to the effect that the 31 operatorhewas so engaged and that his or her service, 32 training, or education was so terminated. 33(f) Registration of a person in responsible charge of an34exempt community public water supply shall be valid for aHB2636 Enrolled -14- LRB9102843LDmbA 1period of three years, with the expiration date being three2years from the first day of January of the calendar year in3which the registration is issued.4(g) Every three years, on or before the January 15expiration, a registered person in responsible charge shall6renew his registration. A grace period for renewal will be7granted until February 1 of that year before the registration8is declared to have expired.9 (Source: P.A. 82-393.) 10 (415 ILCS 45/19) (from Ch. 111 1/2, par. 519) 11 Sec. 19. (a) The registered person in responsible charge 12 of a previously exempt community water supply on the 13 effective date of this amendatory Act of the 91st General 14 Assembly may be issued a certificate of competency, with no 15 fee required, after the effective date of this amendatory Act 16 of the 91st General Assembly for the community water supply 17 for which the individual is registered. The community water 18 supply owner must make application for grandparenting of the 19 operator in responsible charge within 2 years of the 20 effective date of this amendatory Act of the 91st General 21 Assembly. This certificate is non-transferable, site 22 specific, and is not valid if the water system is 23 reclassified to a higher level. 24 (b) Each individual who is issued a certificate of 25 competency under Section 19(a) of this Act may renew the 26 certificate every 3 years in accordance with the renewal 27 requirements of Sections 18 and 22 of this Act. 28At the effective date of this Act, all certificates in29effect issued under "An Act to Regulate the Operating of a30Public Water Supply", approved June 25, 1963, as amended,31shall remain valid until the July 1 expiration date32previously designated for that certificate, and upon its33surrender shall be exchanged for a new certificate in theHB2636 Enrolled -15- LRB9102843LDmbA 1class for which his experience, education, and examination2records show him to be qualified for under Sections 13 and 143of this Act. The appropriate renewal fee, designated in4Section 22 of this Act, shall be required for issuance of the5new certificate, and the expiration date of that certificate6shall be 3 years from the expiration date of the surrendered7certificate.8 (Source: P.A. 78-810.) 9 (415 ILCS 45/20) (from Ch. 111 1/2, par. 520) 10 Sec. 20. The Agency shall, upon applicationthereforand 11thepayment of the proper fee, issue a certificate of 12 competency to any person who holds an unexpired certificate 13 of competency issuedto himby any state or territory or 14 possession of the United States or of any country, if: 15 (a) the requirements for the certificate of competency 16 under which the certificate of competency was issued do not 17 conflict with and are substantially equal to those specified 18 by Sections 1 through 23 of this Act;,and:19 (b) the particular state or territory or possession of 20 the United States or country extends similar privileges to 21 persons certified under Sections 1 through 23 of this Act. 22 (Source: P.A. 78-810.) 23 (415 ILCS 45/22) (from Ch. 111 1/2, par. 522) 24 Sec. 22. Fees for the issuance, renewal, or restoration 25 of an Illinois Water Supply Operator Certificate shall be as 26 follows: 27 (a) The fee to be paid by an applicant for anwho does28not hold a validIllinois certificate of competencyor is29applying for classification revisionis $30. 30 (b) The fee to be paid by an applicant for the following 31 transactions is $10: 32 (1) examination to determine fitness to receive a HB2636 Enrolled -16- LRB9102843LDmbA 1 certificate of competency; 2 (2) issuance of a reciprocal certificate of 3 competency under Section 20 of this Act; 4 (3) (Blank);issuance of a certificate of5competency under Section 21 of this Act;6 (4) renewal of a certificate of competencyother7than a certificate issued under Section 21 of this Act; 8 (5) restoration of a certificate of competency; or 9 (6) issuance of a duplicate certificate of 10 competency. 11 (c) All fees collected by the Agency under this Section 12 shall be deposited into the Environmental Protection Permit 13 and Inspection Fund in accordance with Section 22.8 of the 14 Environmental Protection Act. 15 (Source: P.A. 85-250.) 16 (415 ILCS 45/9.2 rep.) 17 (415 ILCS 45/21 rep.) 18 Section 10. The Public Water Supply Operations Act is 19 amended by repealing Sections 9.2 and 21. 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.