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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB6689
Introduced , by Rep. Linda Chapa LaVia SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Plumbing License Law. Sets forth criminal and civil penalties for the failure to install a backflow prevention device in violation of the Illinois Plumbing Code. Creates a private right of action. Allows for injunctive relief and the granting of treble damages in certain cases involving such failure.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB6689 |
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LRB095 22012 RAS 52281 b |
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| AN ACT concerning regulation.
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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 Illinois Plumbing License Law is amended by |
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| adding Section 40.5 as follows: |
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| (225 ILCS 320/40.5 new) |
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| Sec. 40.5. Failure to install backflow prevention device; |
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| penalties; right of action; municipal regulation. |
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| (a) In this Section: |
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| "Backflow prevention device" means any device that is |
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| designed to prevent any contamination by backflow of any |
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| potable water supply. |
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| "Contaminant" or "toxic substance" means any substance, |
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| the presence of which in potable water is proscribed by the |
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| federal Clean Water Act and all regulations adopted pursuant to |
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| the federal Clean Water Act, in the specific amounts and levels |
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| of concentration proscribed by the federal Clean Water Act and |
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| all regulations adopted pursuant to the Clean Water Act. |
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| (b) Any person who knowingly neglects to install a backflow |
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| prevention device in violation of the Illinois Plumbing Code, |
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| thereby causing any person to be exposed to any toxic substance |
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| or other contaminant, is guilty of a Class B misdemeanor. |
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| A person is guilty of the offense set forth in this |
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HB6689 |
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LRB095 22012 RAS 52281 b |
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| subsection (b) regardless of whether he or she intended to |
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| cause another person to be exposed to any toxic substance or |
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| contaminant. |
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| (c) In addition to any criminal penalties or any other |
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| monetary penalties imposed under this Section, the Department |
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| may levy a fine for the failure to install a backflow |
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| prevention device as set forth in subsection (b) of this |
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| Section, which may not to exceed $5,000 for the first violation |
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| and may not exceed $15,000 for a second or subsequent |
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| violation. |
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| (d) Any party injured by a failure to install a backflow |
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| prevention device as set forth in subsection (b) of this |
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| Section may initiate a cause of action in the circuit courts of |
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| this State. Upon a showing by a preponderance of the evidence |
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| that a party's failure to abide by the terms of this Law or the |
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| Illinois Plumbing Code proximately caused injury to the |
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| plaintiff, the court may award treble damages to the plaintiff. |
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| The Attorney General or the State's Attorney for the |
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| jurisdiction in which the violation occurred may initiate |
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| actions on behalf of the people of the State to seek injunctive |
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| relief against persons and entities who, upon a preponderance |
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| of the evidence, are demonstrated to have intentionally failed |
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| to install a backflow prevention device in accordance with all |
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| applicable standards set forth in the Illinois Plumbing Code. |
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| (e) Any person exposed to toxic substances as a result of |
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| the intentional failure of another person or entity to install |
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HB6689 |
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LRB095 22012 RAS 52281 b |
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| a backflow prevention device in accordance with all applicable |
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| laws and rules may seek, and the circuit courts of the State |
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| may grant, at its discretion, injunctive relief and monetary |
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| damages equal to treble the amount of the plaintiff's actual |
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| damages. Plaintiffs may recover, and courts may award, |
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| attorney's fees upon a finding of liability. |
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| (f) Nothing in this amendatory Act of the 95th General |
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| Assembly shall be construed as limiting in any manner the |
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| authority of any unit of local government to adopt regulations, |
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| rules, or ordinances more restrictive than those provided for |
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| in this Law or the Illinois Administrative Code.
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