HB4702 103RD GENERAL ASSEMBLY

LRB103 36223 LNS 66316 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4702

Introduced 2/6/2024, by Rep. Abdelnasser Rashid

SYNOPSIS AS INTRODUCED:

415 ILCS 170/5
415 ILCS 170/35
415 ILCS 170/45 new

Amends the PFAS Reduction Act. Provides that, on or before December 31, 2025, the owner or operator of each community water system, community wastewater system, and nontransient, noncommunity water system shall conduct monitoring for perfluoroalkyl and polyfluoroalkyl substances (PFAS), using standard laboratory methods established by the United States Environmental Protection Agency in effect at the time of sampling, and shall conduct additional monitoring for the presence of PFAS contaminants under specified circumstances. Provides that, if monitoring results confirm the presence of any PFAS contaminants, individually or in combination in excess of 20 nanograms per liter, then the Illinois Environmental Protection Agency shall direct the owner or operator of the community water system, community wastewater system, or nontransient, noncommunity water system to issue a notice to all users of the system to inform them of the detected PFAS concentration and potential risk to public health until the level is below 20 nanograms per liter. Sets forth civil penalties for violation of the provisions. Grants rulemaking powers to the Illinois Pollution Control Board. Defines terms.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The PFAS Reduction Act is amended by changing Sections 5 and 35 and by adding Section 45 as follows:

(415 ILCS 170/5)

Sec. 5. Definitions. In this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Board" means the Illinois Pollution Control Board.

"Class B firefighting foam" means foam designed to extinguish flammable liquid fires or prevent the ignition of flammable liquids.

"Community wastewater system" means a single system of wastewater collection, treatment, and disposal owned and operated by a sanitary district, metropolitan sewage district, water and sewer authority, county or municipality, or public utility.

"Community water system" means a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

"Fire department" means the duly authorized fire protection organization of a unit of local government, a Regional Fire Protection Agency, a fire protection district, or a volunteer fire department.

"Local government" means a unit of local government or other special purpose district that provides firefighting services.

"Manufacturer" means a person that manufactures Class B firefighting foam and any agents of that person, including an importer, distributor, authorized servicer, factory branch, or distributor branch.

"Nontransient, noncommunity water system" means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year.

"Perfluoroalkyl substance or polyfluoroalkyl substance" or "PFAS" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

"Person" means any individual, partnership, association, public or private corporation, limited liability company, or any other type of legal or commercial entity, including, but not limited to, members, managers, partners, directors, or officers.

"Public water system" means a system for the provision to the public of piped water for human consumption, 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."Public water system" includes any collection, treatment, storage, and distribution facilities under control of the operator of the system and used primarily in connection with that system and any collection or pretreatment storage facilities not under the operator's control that are used primarily in connection with the system.

"Testing" means calibration testing, conformance testing, and fixed system testing.

(Source: P.A. 102-290, eff. 8-6-21.)

(415 ILCS 170/35)

Sec. 35. Civil penalties. A manufacturer who violates this Act or an owner or operator of a community water system, community wastewater system, or nontransient, noncommunity water system who violates this Act is subject to a civil penalty not to exceed $5,000 for the first violation and a civil penalty not to exceed $10,000 for each subsequent violation. Civil penalties collected under this Section must be deposited into the Environmental Protection Trust Fund to be used in accordance with the provisions of the Environmental Protection Trust Fund Act.

(Source: P.A. 102-290, eff. 8-6-21.)

(415 ILCS 170/45 new)

Sec. 45. PFAS monitoring at water systems.

(a) On or before December 31, 2025, the owner or operator of each community water system, community wastewater system, or nontransient, noncommunity water system shall conduct monitoring for the level of PFAS detectable using standard laboratory methods established by the United States Environmental Protection Agency in effect at the time of sampling. Monitoring under this subsection must be conducted for all PFAS contaminants, including, but not limited to, PFAS included in the list of analytes in the standard laboratory methods established by the United States Environmental Protection Agency in effect at the time of sampling.

(b) After completion of initial monitoring under subsection (a), the owner or operator of each community water system, community wastewater system, or nontransient, noncommunity water system shall conduct continued monitoring for the presence of PFAS contaminants in drinking water supplied by the water system as follows:

(1) If initial monitoring under subsection (a) detects the presence of any PFAS contaminants individually or in combination at or above 20 nanograms per liter, the owner or operator of the community water system, community wastewater system, or nontransient, noncommunity water system shall conduct continued quarterly monitoring until the presence of the PFAS contaminants is below 20 nanograms per liter.

(2) If initial monitoring under subsection (a) detects the presence of any PFAS contaminants at or above each analyte's lowest concentration minimum reporting level as specified in the standard laboratory methods established by the United States Environmental Protection Agency in effect at the time of sampling and the level is below 20 nanograms per liter, either individually or in combination with other detected PFAS contaminants, the owner or operator of the community water system, community wastewater system, or nontransient, noncommunity water system shall conduct continued monitoring annually.

(c) The monitoring results collected under this Section must be reported to the Agency and made publicly available.

(d) If monitoring results under subsection (a) or (b) confirm the presence of any PFAS contaminants individually or in combination in excess of 20 nanograms per liter, the Agency shall direct the community water system, community wastewater system, or nontransient, noncommunity water system to issue a notice to all users of the system to inform them of the detected PFAS concentration and potential risk to public health until the level is below 20 nanograms per liter.

(e) An owner or operator of a community water system, community wastewater system, or nontransient, noncommunity water system that violates this Section is subject to the civil penalties set forth in Section 35.

(f) The Agency shall propose and the Board shall adopt any rules needed to implement, administer, or enforce this Section.