Full Text of SB2770 098th General Assembly
SB2770enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 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, 4, 9, 10, 11, 12, 13, 19, and | 6 | | 20 and by adding Sections 1.1, 9.4, 9.5, 9.6, and 23.1 as | 7 | | follows:
| 8 | | (415 ILCS 45/1) (from Ch. 111 1/2, par. 501)
| 9 | | Sec. 1.
(1) In order to safeguard the health and well-being | 10 | | well being of the
populace, every community water supply in | 11 | | Illinois , other than an exempt community water supply as | 12 | | specified in Section 9.1, shall have on its
operational staff , | 13 | | and shall designate to the Agency in writing, either (i) one | 14 | | Responsible Operator in Charge who directly supervises both the | 15 | | treatment and distribution facilities of the community water | 16 | | supply or (ii) one Responsible Operator in Charge who directly | 17 | | supervises the treatment facilities of the community water | 18 | | supply and one Responsible Operator in Charge who directly | 19 | | supervises the distribution facilities of the community water | 20 | | supply at least one natural person certified as competent as
a | 21 | | water supply operator under the provisions of this Act .
| 22 | | Except for exempt community water supplies as specified in | 23 | | Section 9.1 of
this Act, all portions of a community water |
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| 1 | | supply system shall be under the
direct supervision of a | 2 | | Responsible Operator in Charge properly certified community | 3 | | water supply operator .
| 4 | | (2) The following class requirements apply:
| 5 | | (a) Each community water supply which includes | 6 | | coagulation, lime
softening, or sedimentation as a part of | 7 | | its primary treatment shall have in
its employ at least one | 8 | | individual natural person certified as competent as a Class | 9 | | A
community water supply operator. This includes all | 10 | | surface water community
water supplies.
| 11 | | (b) Each community water supply which includes | 12 | | filtration, aeration and
filtration, or ion exchange | 13 | | equipment as a part of its primary treatment
shall have in | 14 | | its employ at least one individual natural person certified | 15 | | as competent
as a Class B or Class A community water supply | 16 | | operator.
| 17 | | (c) Each community water supply which utilizes | 18 | | chemical feeding only
shall have in its employ at least one | 19 | | individual natural person certified as competent
as a Class | 20 | | C, Class B, or Class A community water supply operator.
| 21 | | (d) Each community water supply in which the facilities | 22 | | are limited to
pumpage, storage, or distribution shall have | 23 | | in its employ at least one individual
natural person | 24 | | certified as competent as a Class D, Class C, Class B, or
| 25 | | Class A community water supply operator.
| 26 | | A community water supply that cannot be clearly grouped
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| 1 | | according to this Section will be considered individually and
| 2 | | designated within one of the above groups by the Agency. This
| 3 | | determination will be based on the nature of the community | 4 | | water
supply and on the education and experience necessary to | 5 | | operate it.
| 6 | | (3) A community water supply may satisfy the requirements | 7 | | of this
Section by contracting the services of an individual | 8 | | who is a properly qualified certified operator
of the required | 9 | | class or higher, as specified in subsection (2) , and will | 10 | | directly supervise the operation of the community water supply. | 11 | | That individual shall serve as the Responsible Operator in | 12 | | Charge of the community water supply . A
written agreement to | 13 | | this effect must be on file with the Agency certifying
that | 14 | | such an agreement exists, and delegating responsibility and | 15 | | authority
to the contracted party. This written agreement shall | 16 | | be signed by both the
certified operator to be contracted and | 17 | | the responsible community water
supply owner or official | 18 | | custodian and must be approved in writing by the
Agency.
| 19 | | (Source: P.A. 91-84, eff. 7-9-99; 91-357, eff. 7-29-99; 92-16, | 20 | | eff.
6-28-01.)
| 21 | | (415 ILCS 45/1.1 new) | 22 | | Sec. 1.1. Duties of Responsible Operators in Charge. | 23 | | (a) Each individual who is a Responsible Operator in Charge | 24 | | for a community water supply is jointly accountable with the | 25 | | owner of the community water supply for the proper operation of |
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| 1 | | the portions of the community water supply over which he or she | 2 | | has been designated as the Responsible Operator in Charge. | 3 | | (b) Each individual who is a Responsible Operator in Charge | 4 | | for a community water supply shall: | 5 | | (1) hold a certificate of the class required for the | 6 | | operation of the portions of the community water supply | 7 | | over which he or she has been designated as the Responsible | 8 | | Operator in Charge; | 9 | | (2) directly supervise the operation of the portions of | 10 | | the community water supply over which he or she has been | 11 | | designated as the Responsible Operator in Charge; and | 12 | | (3) submit, in accordance with Board rules, consumer | 13 | | confidence reports, monthly operating reports, and | 14 | | drinking water compliance monitoring results, such as | 15 | | corrosion control reports and monitoring results.
| 16 | | (415 ILCS 45/4) (from Ch. 111 1/2, par. 504)
| 17 | | Sec. 4.
| 18 | | "Water Supply Operator" means any individual natural | 19 | | person trained in the
treatment or distribution of water who | 20 | | has practical working knowledge of
the chemical, biological, | 21 | | and physical sciences essential to the practical
mechanics of | 22 | | water treatment or distribution and who is capable of
| 23 | | conducting and maintaining the water treatment or distribution | 24 | | processes in
a manner which will provide safe, potable water | 25 | | for human consumption.
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| 1 | | (Source: P.A. 78-810.)
| 2 | | (415 ILCS 45/9) (from Ch. 111 1/2, par. 509)
| 3 | | Sec. 9.
"Owner or Official Custodian " means any person who | 4 | | owns ,
leases, controls, or
supervises a community water supply.
| 5 | | (Source: P.A. 91-84, eff. 7-9-99.)
| 6 | | (415 ILCS 45/9.4 new) | 7 | | Sec. 9.4. Official custodian. "Official custodian" means | 8 | | an individual who is an officer of an entity that is the owner | 9 | | of a community water supply and acts as the owner's agent in | 10 | | matters concerning the community water supply. | 11 | | (415 ILCS 45/9.5 new) | 12 | | Sec. 9.5. Person. "Person" means any individual, | 13 | | partnership, co-partnership, firm, company, limited liability | 14 | | company, corporation, association, joint stock company, trust, | 15 | | estate, political subdivision, state agency, or any other legal | 16 | | entity, or their legal representative, agent, or assigns. | 17 | | (415 ILCS 45/9.6 new) | 18 | | Sec. 9.6. Responsible Operator in Charge. "Responsible | 19 | | Operator in Charge" means an individual who is designated as a | 20 | | Responsible Operator in Charge of a community water supply | 21 | | under Section 1 of this Act.
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| 1 | | (415 ILCS 45/10) (from Ch. 111 1/2, par. 510)
| 2 | | Sec. 10.
The Agency shall exercise the following functions, | 3 | | powers, and
duties with respect to community water supply | 4 | | operator certification :
| 5 | | (a) The Agency shall conduct examinations to ascertain the
| 6 | | qualifications of applicants for certificates of competency as | 7 | | community
water supply operators, and pass upon the | 8 | | qualifications of applicants for
reciprocal certificates.
| 9 | | (b) The Agency shall determine the qualifications of each | 10 | | applicant
on the basis of written examinations, and upon a | 11 | | review of the requirements
stated in Sections 13 and 14 of this | 12 | | Act.
| 13 | | (c) (Blank).
| 14 | | (d) The Agency may suspend, revoke, or refuse to issue any | 15 | | certificate
of competency for any one or any combination of the | 16 | | following causes:
| 17 | | (1) the practice of any fraud or deceit in obtaining or | 18 | | attempting
to obtain, renew, or restore a certificate of | 19 | | competency;
| 20 | | (2) any gross negligence, incompetency, misconduct, or
| 21 | | falsification of reports in the operation of a water | 22 | | supply;
| 23 | | (3) being declared to be an individual a person under | 24 | | legal disability by a
court of competent jurisdiction and | 25 | | not thereafter having been lawfully
declared to be an | 26 | | individual a person not under legal disability or to
have |
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| 1 | | recovered; or
| 2 | | (4) failure to comply with any of the Rules pertaining | 3 | | to the
operation of a water supply.
| 4 | | (e) The Agency shall issue a Certificate to any applicant | 5 | | who has
satisfactorily met all the requirements of the Act | 6 | | pertaining to a certificate
of competency as a water supply | 7 | | operator.
| 8 | | (f) The Agency shall notify every certified community water | 9 | | supply
operator at the last address specified by the operator | 10 | | to the Agency, and at
least one month in advance of the | 11 | | expiration of the certificate, of the date
of expiration of the | 12 | | certificate and the amount of fee required for its renewal
for | 13 | | 3 years.
| 14 | | (g) The Agency shall, upon its own motion, or upon a | 15 | | written complaint,
investigate the action of any individual | 16 | | person holding or claiming to hold a certificate,
and take | 17 | | appropriate action.
| 18 | | (h) The Agency is authorized to adopt reasonable and
| 19 | | necessary rules to set forth procedures and criteria for the
| 20 | | administration of this Act.
| 21 | | (i) The Agency may investigate violations of this Act or | 22 | | any rule adopted under this Act. | 23 | | (j) The Agency may issue administrative citations as | 24 | | provided in Section 23.1 of this Act. | 25 | | (Source: P.A. 91-84, eff. 7-9-99; 92-16, eff. 6-28-01.)
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| 1 | | (415 ILCS 45/11) (from Ch. 111 1/2, par. 511)
| 2 | | Sec. 11.
"Advisory Board" means the community water supply | 3 | | operator's
advisory board to
assist in the formulation of and | 4 | | to review the policies and program of the
Agency as developed | 5 | | under authority of this Act, and to make
recommendations and to | 6 | | provide the Agency with such technical
advice and assistance as | 7 | | may be requested.
| 8 | | The Advisory Board shall consist of the Director and 5 | 9 | | other
members to
be appointed by the Governor one of whom shall | 10 | | be the chief executive
officer of a municipality operating its | 11 | | own municipal water plant. The 5
appointed members shall be | 12 | | individuals persons having an active interest and with wide
| 13 | | background in water supply management and operation from a | 14 | | practical and
technical standpoint.
| 15 | | The 5 appointed members of the Advisory Board
serving at | 16 | | the
effective date of this Act shall continue in the same | 17 | | capacity until their
previously designated term expires. On the | 18 | | expiration of the term of any member the Governor
shall appoint | 19 | | for a term of 5 years an individual a person having the | 20 | | qualifications
hereinabove specified to take the place of the | 21 | | member whose term has
expired, and who shall hold office until | 22 | | the expiration of the term and until a successor has been | 23 | | appointed
and
qualified.
| 24 | | The Director of the Agency or an authorized representative | 25 | | shall serve as
secretary of the Advisory Board without any | 26 | | additional compensation.
The Director or an authorized |
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| 1 | | representative shall
attend all meetings of the
Advisory Board, | 2 | | keep minutes, and take part in its discussion, but shall
not be | 3 | | entitled
to vote.
| 4 | | The Advisory Board shall select one of its
members to serve | 5 | | as Chairman at the first regular meeting in each
calendar year.
| 6 | | The Advisory Board shall meet annually and at such | 7 | | intervals as may be
necessary to transact business which may | 8 | | come before it upon call of the
Agency, the
Chairman of the | 9 | | Advisory Board, or any 3 of its members. Any
3 members shall | 10 | | constitute a quorum.
| 11 | | The Secretary shall see that accurate minutes are kept of | 12 | | all duly
constituted meetings of the Advisory Board.
| 13 | | Members of the Advisory Board shall serve without | 14 | | compensation, but
shall be reimbursed for expenses incurred | 15 | | while traveling and performing
duties under this Act. Such | 16 | | expenses shall be paid from funds of the Agency
appropriated | 17 | | therefor.
| 18 | | The Advisory Board shall have the authority to review
| 19 | | contested Agency reciprocity determinations. The Advisory | 20 | | Board
must provide applicants who are denied reciprocity with | 21 | | an
opportunity to appear before the Board. The Advisory Board | 22 | | shall
review the decision to deny reciprocity and must provide | 23 | | a
recommendation to the Agency.
| 24 | | (Source: P.A. 91-84, eff. 7-9-99.)
| 25 | | (415 ILCS 45/12) (from Ch. 111 1/2, par. 512)
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| 1 | | Sec. 12.
(a) The Pollution Control Board shall, upon the | 2 | | sworn written
request of the applicant or certificate holder, | 3 | | conduct
hearings or proceedings for the Agency's refusal to | 4 | | issue, suspension,
revocation,
or denied renewal of | 5 | | certificates of individuals persons applying
for or holding | 6 | | certification under the provisions of this
Act.
| 7 | | (b) Hearings shall be conducted under Rules and Regulations | 8 | | adopted
by the Pollution Control Board outlining the procedures | 9 | | to be followed in
conducting a hearing.
| 10 | | (Source: P.A. 91-84, eff. 7-9-99.)
| 11 | | (415 ILCS 45/13) (from Ch. 111 1/2, par. 513)
| 12 | | Sec. 13.
Community Water Supply Operators shall be | 13 | | certified in accordance with the
following classifications:
| 14 | | (a) A "Class A" Water Supply Operator Certificate shall be | 15 | | issued to
those individuals persons who, in accordance with the | 16 | | provisions of Sections 1 through
23 of this Act, demonstrate | 17 | | the necessary skills, knowledge, ability, and
judgment of the | 18 | | chemical,
biological, and physical sciences essential to the | 19 | | practical mechanics of
coagulation, lime softening, and | 20 | | sedimentation, and distribution in a
manner which will provide | 21 | | safe, potable water for human consumption. This
includes all | 22 | | surface water community water supplies. The operators
will also | 23 | | demonstrate the necessary skills, knowledge, ability, and | 24 | | judgment
of the treatment processes
outlined in Sections 13 | 25 | | (b),
13 (c), and 13 (d) of this Act.
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| 1 | | (b) A "Class B" Water Supply Operator Certificate shall be | 2 | | issued to
those individuals persons who, in accordance with the | 3 | | provisions of Section 1 through
23 of this Act, demonstrate the | 4 | | necessary skills, knowledge, ability, and
judgment of the | 5 | | chemical,
biological, and physical sciences essential to the | 6 | | practical mechanics of
filtration, aeration and filtration, | 7 | | and ion exchange systems, and
distribution in a manner which | 8 | | will provide safe, potable water for human
consumption. The | 9 | | operators will also demonstrate the necessary
skills, | 10 | | knowledge, ability, and judgment of the treatment processes | 11 | | outlined in
Sections 13 (c) and 13 (d) of this Act.
| 12 | | (c) A "Class C" Water Supply Operator Certificate shall be | 13 | | issued to
those individuals persons who, in accordance with the | 14 | | provisions of Sections 1 through
23 of this Act, demonstrate | 15 | | the necessary skills, knowledge, ability, and
judgment of the | 16 | | chemical,
biological, and physical sciences essential to the | 17 | | practical mechanics of
chemical feeding and disinfection and | 18 | | distribution in a manner which will
provide safe, potable water | 19 | | for human consumption. The operators
will also demonstrate the | 20 | | necessary skills, knowledge, ability, and judgment
of the | 21 | | treatment processes outlined in Section 13 (d) of this Act.
| 22 | | (d) A "Class D" Water Supply Operator Certificate shall be | 23 | | issued to
those individuals persons who, in accordance with the | 24 | | provisions of Sections 1 through
23 of this Act, demonstrate | 25 | | the necessary skills, knowledge, ability, and
judgment of the | 26 | | chemical,
biological, and physical sciences essential to the |
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| 1 | | practical mechanics of
pumpage, storage, and distribution in a | 2 | | manner which will provide safe,
potable water for human | 3 | | consumption.
| 4 | | (Source: P.A. 91-84, eff. 7-9-99.)
| 5 | | (415 ILCS 45/19) (from Ch. 111 1/2, par. 519)
| 6 | | Sec. 19.
| 7 | | (a) The registered individual person in responsible
charge | 8 | | of a previously exempt community water supply on the
effective | 9 | | date of this amendatory Act of the 91st General Assembly may be
| 10 | | issued a certificate of
competency, with no fee required, after | 11 | | the effective date of this
amendatory Act of the 91st General | 12 | | Assembly for the community water supply for
which the | 13 | | individual is
registered.
The community water supply owner must | 14 | | make application for grandparenting of
the operator in | 15 | | responsible charge within 2 years of the effective date of this
| 16 | | amendatory Act of the 91st General Assembly.
This certificate | 17 | | is non-transferable, site specific,
and is not valid if the | 18 | | water system is reclassified to a higher
level.
| 19 | | (b) Each individual who is issued a certificate of | 20 | | competency
under Section 19(a) of this Act may renew the | 21 | | certificate every 3 years in
accordance with the renewal | 22 | | requirements of Sections 18 and 22 of
this Act.
| 23 | | (Source: P.A. 91-84, eff. 7-9-99.)
| 24 | | (415 ILCS 45/20) (from Ch. 111 1/2, par. 520)
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| 1 | | Sec. 20.
The Agency shall, upon application and payment of | 2 | | the
proper fee, issue a certificate of competency to any | 3 | | individual person who holds an
unexpired certificate of | 4 | | competency issued by any state or territory
or possession of | 5 | | the United States or of any country, if:
| 6 | | (a) the requirements for the certificate of competency | 7 | | under which the
certificate of competency was issued do not | 8 | | conflict with and are
substantially equal to those specified by | 9 | | Sections 1 through 23 of this
Act; and
| 10 | | (b) the particular state or territory or possession of the | 11 | | United States
or country extends similar privileges to persons | 12 | | certified under Sections 1
through 23 of this Act.
| 13 | | (Source: P.A. 91-84, eff. 7-9-99.)
| 14 | | (415 ILCS 45/23.1 new) | 15 | | Sec. 23.1. Administrative citations. | 16 | | (a) Violations of the requirement set forth in paragraph | 17 | | (3) of subsection (b) of Section 1.1 of this Act shall be | 18 | | enforceable by administrative citation under this Section or as | 19 | | otherwise provided in this Act. | 20 | | (b) If Agency personnel discover that a Responsible | 21 | | Operator in Charge has violated paragraph (3) of subsection (b) | 22 | | of Section 1.1 of this Act, the Agency may issue and serve, in | 23 | | person or by certified mail, an administrative citation upon | 24 | | that individual within not more than 90 days after the date of | 25 | | the discovery of the violation. Each citation issued under this |
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| 1 | | subsection (b) shall be served upon the individual named in the | 2 | | citation or that individual's authorized agent for service of | 3 | | process, and shall include the following information: | 4 | | (1) a statement specifying the report or result that | 5 | | the Responsible Operator in Charge failed to submit in | 6 | | accordance with Board rules and a citation to the Board | 7 | | rules that were violated; | 8 | | (2) a copy of any report in which the Agency recorded | 9 | | the violation; | 10 | | (3) the penalty imposed by subsection (f) of this | 11 | | Section for the violation; | 12 | | (4) instructions for contesting the administrative | 13 | | citation findings pursuant to this Section, including | 14 | | notification that the individual has 35 days within which | 15 | | to file a petition for review before the Illinois Pollution | 16 | | Control Board to contest the administrative citation; and | 17 | | (5) an affidavit by the personnel recording the | 18 | | violation. | 19 | | (c) No later than 15 days after the date of service, the | 20 | | Agency shall file a copy of each administrative citation served | 21 | | under subsection (b) of this Section with the Illinois | 22 | | Pollution Control Board, which is hereby authorized to conduct | 23 | | proceedings upon administrative citations issued pursuant to | 24 | | this Section. | 25 | | (d) If the individual named in the administrative citation | 26 | | fails to petition the Illinois Pollution Control Board for |
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| 1 | | review within 35 days after the date of service of the | 2 | | citation, the Illinois Pollution Control Board shall adopt a | 3 | | final order, which shall include the administrative citation | 4 | | and findings of violation as alleged in the citation, and shall | 5 | | impose the penalty specified in subsection (f) of this Section. | 6 | | If a petition for review is filed before the Illinois | 7 | | Pollution Control Board to contest an administrative citation | 8 | | issued under subsection (b) of this Section, the Agency shall | 9 | | appear as a complainant at a hearing before the Illinois | 10 | | Pollution Control Board to be conducted in accordance with the | 11 | | requirements of Section 32 of the Environmental Protection Act | 12 | | at a time not less than 21 days after notice of the hearing has | 13 | | been sent by the Illinois Pollution Control Board to the Agency | 14 | | and the individual named in the citation. In these hearings, | 15 | | the burden of proof shall be on the Agency. If, based on the | 16 | | record, the Illinois Pollution Control Board finds that the | 17 | | alleged violation occurred, it shall adopt a final order, which | 18 | | shall include the administrative citation and findings of | 19 | | violation as alleged in the citation, and shall impose the | 20 | | penalty specified in subsection (f) of this Section. However, | 21 | | if the Illinois Pollution Control Board finds that the | 22 | | individual appealing the citation has shown that the violation | 23 | | resulted from uncontrollable circumstances, the Illinois | 24 | | Pollution Control Board shall adopt a final order that makes no | 25 | | finding of violation and imposes no penalty. | 26 | | (e) Sections 10-25 through 10-60 of the Illinois |
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| 1 | | Administrative Procedure Act shall not apply to any | 2 | | administrative citation issued under subsection (b) of this | 3 | | Section. | 4 | | (f) In an administrative citation action under this | 5 | | Section, any Responsible Operator in Charge who is found to | 6 | | have violated paragraph (3) of subsection (b) of Section 1.1 of | 7 | | this Act shall pay a civil penalty of $500 for each violation | 8 | | of that provision, plus any hearing costs incurred by the Board | 9 | | and the Agency, except that the civil penalty amount shall be | 10 | | $1,500 for each violation of paragraph (3) of subsection (b) of | 11 | | Section 1.1 of this Act that is the individual's second or | 12 | | subsequent adjudicated violation of that provision. The | 13 | | penalties assessed under this Section shall be deposited into | 14 | | the Environmental Protection Trust Fund, to be used in | 15 | | accordance with the provisions of the Environmental Protection | 16 | | Trust Fund Act. | 17 | | (g) All final orders issued and entered by the Illinois | 18 | | Pollution Control Board pursuant to this Section shall be | 19 | | enforceable by injunction, mandamus, or other appropriate | 20 | | remedy, as is provided for other orders of the Illinois | 21 | | Pollution Control Board under Section 42 of the Environmental | 22 | | Protection Act.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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