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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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