Sen. Don Harmon
Filed: 2/26/2010
 
 

 




 

 		












09600SB3057sam001

LRB096 16294 KTG 37757 a






1

AMENDMENT TO SENATE BILL 3057




2
    AMENDMENT NO. ______. Amend Senate Bill 3057 by replacing 
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Swimming Facility Act is amended by 
5
changing Section 21 as follows:
 



6
    (210 ILCS 125/21)  (from Ch. 111 1/2, par. 1221)



7
    Sec. 21. Closure of facility. Whenever the
the Department 
8
finds any of the
conditions hereinafter set
forth it shall, by 
9
written notice, immediately order the owner, operator or

10
licensee to close the swimming facility and to prohibit
any 
11
person from using
such facilities:

12
        (1) If conditions at a swimming facility and

13
    appurtenances,
including bathhouse facilities, upon 
14
    inspection and investigation by a
representative of the 
15
    Department, create an immediate danger to health or
safety, 
16
    including conditions that could lead to bather entrapment 
 


 






09600SB3057sam001
- 2 -
LRB096 16294 KTG 37757 a




1
    or
entanglement; or


2
        (2) When the Department, upon review of results of 
3
    bacteriological
analyses of water samples collected from a 
4
    swimming facility,
finds that such water does not conform 
5
    to the bacteriological standards
promulgated by the 
6
    Department for proper swimming water quality; or


7
        (3) When an environmental survey of an area shows 
8
    evidence of sewage or
other pollutional or toxic materials 
9
    being discharged to waters tributary
to a beach creating an 
10
    immediate danger to health or safety; or


11
        (4) When the Department finds by observation or test 
12
    for water clarity
of the swimming facility water a higher 
13
    turbidity level
than permitted in the
standards for 
14
    physical quality as promulgated by the Department; or


15
        (5) When in such cases as it is required, the presence 
16
    of a satisfactory
disinfectant residual, prescribed by 
17
    rule as promulgated by the Department,
is absent.

18
    The notice shall state the reasons prompting the closing of 
19
the
facilities and a copy of the notice must be posted 
20
conspicuously at the
pool or beach by the owner, operator or 
21
licensee.

22
    The State's Attorney and Sheriff of the county in which the 
23
swimming
facility is located shall enforce the closing order 
24
after receiving
notice thereof.

25
    Any owner, operator or licensee affected by such an order 
26
is entitled,
upon written request to the Department, to a 
 


 






09600SB3057sam001
- 3 -
LRB096 16294 KTG 37757 a




1
hearing as provided in this
Act.

2
    When such conditions are abated or when the results of 
3
analyses of water
samples collected from the swimming facility, 
4
in the
opinion of the Department,
comply with the Department's 
5
bacteriological standards for acceptable water
quality, or 
6
when the turbidity decreases to the permissible limit, or when

7
the disinfectant residual reaches a satisfactory level as 
8
prescribed by
rule, the Department may authorize reopening the 
9
pool or beach. When
sources of sewage, pollution, or toxic 
10
materials discovered as a result of
an environmental survey are 
11
eliminated, the Department may authorize
reopening of such 
12
beach.

13
(Source: P.A. 92-18, eff. 6-28-01.)".