Illinois 2025-2026 Regular Session

Illinois House Bill HB3739 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB3739 EngrossedLRB104 10714 BDA 20793 b HB3739 Engrossed LRB104 10714 BDA 20793 b
2		-	HB3739 Engrossed LRB104 10714 BDA 20793 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3739 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED: 415 ILCS 5/7.7 new415 ILCS 55/9 from Ch. 111 1/2, par. 7459 Amends the Environmental Protection Act. Specifies that the Act shall not apply to non-community water supplies, except for purposes of: (1) the Environmental Protection Agency's implementation of the Safe Drinking Water Act; (2) the Pollution Control Board's adoption of rules that expressly pertain to non-community water supplies or all public water supplies; or (3) any provisions of the Act or rules adopted by the Board under the Act that are referenced in, or applicable to, non-community water supplies under the Illinois Groundwater Protection Act and rules adopted by the Department of Public Health under that Act. Amends the Illinois Groundwater Protection Act. Authorizes the imposition of administrative and civil penalties. Effective immediately. LRB104 10714 BDA 20793 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3739 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED: 415 ILCS 5/7.7 new415 ILCS 55/9 from Ch. 111 1/2, par. 7459 415 ILCS 5/7.7 new 415 ILCS 55/9 from Ch. 111 1/2, par. 7459 Amends the Environmental Protection Act. Specifies that the Act shall not apply to non-community water supplies, except for purposes of: (1) the Environmental Protection Agency's implementation of the Safe Drinking Water Act; (2) the Pollution Control Board's adoption of rules that expressly pertain to non-community water supplies or all public water supplies; or (3) any provisions of the Act or rules adopted by the Board under the Act that are referenced in, or applicable to, non-community water supplies under the Illinois Groundwater Protection Act and rules adopted by the Department of Public Health under that Act. Amends the Illinois Groundwater Protection Act. Authorizes the imposition of administrative and civil penalties. Effective immediately. LRB104 10714 BDA 20793 b LRB104 10714 BDA 20793 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3739 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED:
	3	+	415 ILCS 5/7.7 new415 ILCS 55/9 from Ch. 111 1/2, par. 7459 415 ILCS 5/7.7 new 415 ILCS 55/9 from Ch. 111 1/2, par. 7459
	4	+	415 ILCS 5/7.7 new
	5	+	415 ILCS 55/9 from Ch. 111 1/2, par. 7459
	6	+	Amends the Environmental Protection Act. Specifies that the Act shall not apply to non-community water supplies, except for purposes of: (1) the Environmental Protection Agency's implementation of the Safe Drinking Water Act; (2) the Pollution Control Board's adoption of rules that expressly pertain to non-community water supplies or all public water supplies; or (3) any provisions of the Act or rules adopted by the Board under the Act that are referenced in, or applicable to, non-community water supplies under the Illinois Groundwater Protection Act and rules adopted by the Department of Public Health under that Act. Amends the Illinois Groundwater Protection Act. Authorizes the imposition of administrative and civil penalties. Effective immediately.
	7	+	LRB104 10714 BDA 20793 b LRB104 10714 BDA 20793 b
	8	+	LRB104 10714 BDA 20793 b
	9	+	A BILL FOR
	10	+	HB3739LRB104 10714 BDA 20793 b HB3739 LRB104 10714 BDA 20793 b
	11	+	HB3739 LRB104 10714 BDA 20793 b
3	12		1 AN ACT concerning safety.
4	13		2 Be it enacted by the People of the State of Illinois,
5	14		3 represented in the General Assembly:
6	15		4 Section 5. The Environmental Protection Act is amended by
7		-	5 changing Section 3.145 as follows:
8		-	6 (415 ILCS 5/3.145) (was 415 ILCS 5/3.05)
9		-	7 Sec. 3.145. Community water supply; non-community water
10		-	8 supply.
11		-	9 "Community water supply" means a public water supply which
12		-	10 serves or is intended to serve at least 15 service connections
13		-	11 used by residents or regularly serves at least 25 residents.
14		-	12 "Non-community water supply" means a public water supply
15		-	13 that is not a community water supply.
16		-	14 The requirements of this Act shall not apply to
17		-	15 non-community water supplies, except for purposes of: .
18		-	16 (1) the Agency's implementation of the Safe Drinking
19		-	17 Water Act under subsection (l) of Section 4 of this Act;
20		-	18 (2) the Board's adoption of rules under subsection (c)
21		-	19 of Section 5 that expressly pertain to non-community water
22		-	20 supplies or all public water supplies and the Board's
23		-	21 adoption of amendments to those rules; and
24		-	22 (3) any provisions of this Act or rules adopted by the
25		-	23 Board under this Act that are referenced in, or applicable
	16	+	5 adding Section 7.7 as follows:
	17	+	6 (415 ILCS 5/7.7 new)
	18	+	7 Sec. 7.7. Applicability of Act to non-community water
	19	+	8 supplies. The requirements of this Act shall not apply to
	20	+	9 non-community water supplies, except for purposes of:
	21	+	10 (1) the Agency's implementation of the Safe Drinking
	22	+	11 Water Act under subsection (l) of Section 4 of this Act;
	23	+	12 (2) the Board's adoption of rules under subsection (c)
	24	+	13 of Section 5 of this Act, and amendments to those rules,
	25	+	14 that expressly pertain to non-community water supplies or
	26	+	15 all public water supplies;
	27	+	16 (3) any provisions of this Act or rules adopted by the
	28	+	17 Board under this Act that are referenced in, or applicable
	29	+	18 to, non-community water supplies under the Illinois
	30	+	19 Groundwater Protection Act and rules adopted by the
	31	+	20 Department of Public Health under that Act.
	32	+	21 Section 10. The Illinois Groundwater Protection Act is
	33	+	22 amended by changing Section 9 as follows:
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34		-	1 to, non-community water supplies under the Illinois
35		-	2 Groundwater Protection Act or rules adopted under the
36		-	3 Illinois Groundwater Protection Act by the Department of
37		-	4 Public Health.
38		-	5 (Source: P.A. 92-574, eff. 6-26-02.)
39		-	6 Section 10. The Illinois Groundwater Protection Act is
40		-	7 amended by changing Section 9 as follows:
41		-	8 (415 ILCS 55/9) (from Ch. 111 1/2, par. 7459)
42		-	9 Sec. 9. (a) As used in this Section, unless the context
43		-	10 clearly requires otherwise:
44		-	11 (1) "Community water system" means a public water
45		-	12 system which serves at least 15 service connections used
46		-	13 by residents or regularly serves at least 25 residents for
47		-	14 at least 60 days per year.
48		-	15 (2) "Contaminant" means any physical, chemical,
49		-	16 biological, or radiological substance or matter in water.
50		-	17 (3) "Department" means the Illinois Department of
51		-	18 Public Health.
52		-	19 (4) "Non-community water system" means a public water
53		-	20 system which is not a community water system, and has at
54		-	21 least 15 service connections used by nonresidents, or
55		-	22 regularly serves 25 or more nonresident individuals daily
56		-	23 for at least 60 days per year.
57		-	24 (4.5) "Non-transient, non-community water system"
	37	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3739 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED:
	38	+	415 ILCS 5/7.7 new415 ILCS 55/9 from Ch. 111 1/2, par. 7459 415 ILCS 5/7.7 new 415 ILCS 55/9 from Ch. 111 1/2, par. 7459
	39	+	415 ILCS 5/7.7 new
	40	+	415 ILCS 55/9 from Ch. 111 1/2, par. 7459
	41	+	Amends the Environmental Protection Act. Specifies that the Act shall not apply to non-community water supplies, except for purposes of: (1) the Environmental Protection Agency's implementation of the Safe Drinking Water Act; (2) the Pollution Control Board's adoption of rules that expressly pertain to non-community water supplies or all public water supplies; or (3) any provisions of the Act or rules adopted by the Board under the Act that are referenced in, or applicable to, non-community water supplies under the Illinois Groundwater Protection Act and rules adopted by the Department of Public Health under that Act. Amends the Illinois Groundwater Protection Act. Authorizes the imposition of administrative and civil penalties. Effective immediately.
	42	+	LRB104 10714 BDA 20793 b LRB104 10714 BDA 20793 b
	43	+	LRB104 10714 BDA 20793 b
	44	+	A BILL FOR
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	50	+	415 ILCS 5/7.7 new
	51	+	415 ILCS 55/9 from Ch. 111 1/2, par. 7459
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68		-	1 means a non-community water system that regularly serves
69		-	2 the same 25 or more persons at least 6 months per year.
70		-	3 (5) "Private water system" means any supply which
71		-	4 provides water for drinking, culinary, and sanitary
72		-	5 purposes and serves an owner-occupied single family
73		-	6 dwelling.
74		-	7 (6) "Public water system" means a system for the
75		-	8 provision to the public of water for human consumption
76		-	9 through pipes or other constructed conveyances, if the
77		-	10 system has at least 15 service connections or regularly
78		-	11 serves an average of at least 25 individuals daily at
79		-	12 least 60 days per year. A public water system is either a
80		-	13 community water system (CWS) or a non-community water
81		-	14 system (non-CWS). The term "public water system" includes
82		-	15 any collection, treatment, storage or distribution
83		-	16 facilities under control of the operator of such system
84		-	17 and used primarily in connection with such system and any
85		-	18 collection or pretreatment storage facilities not under
86		-	19 such control which are used primarily in connection with
87		-	20 such system.
88		-	21 (7) "Semi-private water system" means a water supply
89		-	22 which is not a public water system, yet which serves a
90		-	23 segment of the public other than an owner-occupied single
91		-	24 family dwelling.
92		-	25 (8) "Supplier of water" means any person who owns or
93		-	26 operates a water system.
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	55	+	LRB104 10714 BDA 20793 b
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104		-	1 (b) No non-community water system may be constructed,
105		-	2 altered, or extended until plans, specifications, and other
106		-	3 information relative to such system are submitted to and
107		-	4 reviewed by the Department for conformance with the rules
108		-	5 promulgated under this Section, and until a permit for such
109		-	6 activity is issued by the Department. As part of the permit
110		-	7 application, all new non-transient, non-community water
111		-	8 systems must demonstrate technical, financial, and managerial
112		-	9 capacity consistent with the federal Safe Drinking Water Act.
113		-	10 (c) All private and semi-private water systems shall be
114		-	11 constructed in accordance with the rules promulgated by the
115		-	12 Department under this Section.
116		-	13 (d) The Department shall promulgate rules for the
117		-	14 construction and operation of all non-community and
118		-	15 semi-private water systems. Such rules shall include but need
119		-	16 not be limited to: the establishment of maximum contaminant
120		-	17 levels no more stringent than federally established standards
121		-	18 where such standards exist; the maintenance of records; the
122		-	19 establishment of requirements for the submission and frequency
123		-	20 of submission of water samples by suppliers of water to
124		-	21 determine the water quality; and the capacity demonstration
125		-	22 requirements to ensure compliance with technical, financial,
126		-	23 and managerial capacity provisions of the federal Safe
127		-	24 Drinking Water Act.
128		-	25 (e) Borings, water monitoring wells, and wells subject to
129		-	26 this Act shall, at a minimum, be abandoned and plugged in
	63	+
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	65	+	HB3739 LRB104 10714 BDA 20793 b
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	70	+	1 (415 ILCS 55/9) (from Ch. 111 1/2, par. 7459)
	71	+	2 Sec. 9. (a) As used in this Section, unless the context
	72	+	3 clearly requires otherwise:
	73	+	4 (1) "Community water system" means a public water
	74	+	5 system which serves at least 15 service connections used
	75	+	6 by residents or regularly serves at least 25 residents for
	76	+	7 at least 60 days per year.
	77	+	8 (2) "Contaminant" means any physical, chemical,
	78	+	9 biological, or radiological substance or matter in water.
	79	+	10 (3) "Department" means the Illinois Department of
	80	+	11 Public Health.
	81	+	12 (4) "Non-community water system" means a public water
	82	+	13 system which is not a community water system, and has at
	83	+	14 least 15 service connections used by nonresidents, or
	84	+	15 regularly serves 25 or more nonresident individuals daily
	85	+	16 for at least 60 days per year.
	86	+	17 (4.5) "Non-transient, non-community water system"
	87	+	18 means a non-community water system that regularly serves
	88	+	19 the same 25 or more persons at least 6 months per year.
	89	+	20 (5) "Private water system" means any supply which
	90	+	21 provides water for drinking, culinary, and sanitary
	91	+	22 purposes and serves an owner-occupied single family
	92	+	23 dwelling.
	93	+	24 (6) "Public water system" means a system for the
	94	+	25 provision to the public of water for human consumption
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140		-	1 ~~accordance with~~ the ~~requirements of Sections 16 and 19 of the~~
141		-	2 ~~Illinois Oil and Gas Act,~~ ~~and such rules as are promulgated~~
142		-	3 ~~thereunder. Nothing herein shall preclude the Department from~~
143		-	4 ~~adopting plugging and abandonment requirements which are more~~
144		-	5 ~~stringent than the rules of the Department of Natural~~
145		-	6 ~~Resources where necessary to protect~~ the public ~~health.~~
146		-	7 ~~(f) The Department shall inspect all non-community water~~
147		-	8 ~~systems for~~ the ~~purpose~~ of ~~determining compliance with the~~
148		-	9 ~~provisions of this Section~~ and ~~the regulations promulgated~~
149		-	10 ~~hereunder.~~
150		-	11 ~~(g) The Department may inspect semi-private~~ ~~and private~~
151		-	12 ~~water systems for the purpose of determining compliance with~~
152		-	13 ~~the provisions of this Section and the regulations promulgated~~
153		-	14 ~~hereunder.~~
154		-	15 ~~(h)~~ The ~~supplier of water shall be given written notice of~~
155		-	16 ~~all violations of this Section or the rules promulgated~~
156		-	17 ~~hereunder and all such violations shall be corrected in a~~
157		-	18 ~~manner and time specified by the Department~~.
158		-	19 (i) ~~The Department~~ may ~~conduct inspections to investigate~~
159		-	20 ~~the construction~~ or ~~water quality of non-community~~ or
160		-	21 ~~semi-private water systems,~~ ~~or the construction of private~~
161		-	22 ~~water systems. Upon request of~~ the ~~owner or user,~~ the
162		-	23 ~~Department may also conduct investigations of the water~~
163		-	24 ~~quality~~ of ~~private water systems.~~
164		-	25 ~~(j) The supplier of~~ water ~~for a private, semi-private, or~~
165		-	26 ~~non-community water system shall allow the Department~~ and ~~its~~
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	104	+	HB3739 - 3 - LRB104 10714 BDA 20793 b
	105	+	1 through pipes or other constructed conveyances, if the
	106	+	2 system has at least 15 service connections or regularly
	107	+	3 serves an average of at least 25 individuals daily at
	108	+	4 least 60 days per year. A public water system is either a
	109	+	5 community water system (CWS) or a non-community water
	110	+	6 system (non-CWS). The term "public water system" includes
	111	+	7 any collection, treatment, storage or distribution
	112	+	8 facilities under control of the operator of such system
	113	+	9 and used primarily in connection with such system and any
	114	+	10 collection or pretreatment storage facilities not under
	115	+	11 such control which are used primarily in connection with
	116	+	12 such system.
	117	+	13 (7) "Semi-private water system" means a water supply
	118	+	14 which is not a public water system, yet which serves a
	119	+	15 segment of the public other than an owner-occupied single
	120	+	16 family dwelling.
	121	+	17 (8) "Supplier of water" means any person who owns or
	122	+	18 operates a water system.
	123	+	19 (b) No non-community water system may be constructed,
	124	+	20 altered, or extended until plans, specifications, and other
	125	+	21 information relative to such system are submitted to and
	126	+	22 reviewed by the Department for conformance with the rules
	127	+	23 promulgated under this Section, and until a permit for such
	128	+	24 activity is issued by the Department. As part of the permit
	129	+	25 application, all new non-transient, non-community water
	130	+	26 systems must demonstrate technical, financial, and managerial
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176		-	1 ~~authorized agents access to such premises at all reasonable~~
177		-	2 ~~times for the purpose of inspection.~~
178		-	3 ~~(k)~~ The ~~Department may designate full-time county or~~
179		-	4 ~~multiple-county health departments as its agents to facilitate~~
180		-	5 the ~~implementation of this Section.~~
181		-	6 ~~(l) The Department shall promulgate~~ and ~~publish rules~~
182		-	7 ~~necessary for the enforcement of this Section.~~
183		-	8 ~~(m) Whenever a non-community~~ ~~or semi-private~~ ~~water system~~
184		-	9 ~~fails to comply with an applicable maximum contaminant level~~
185		-	10 at the ~~point~~ of ~~use,~~ the ~~supplier of water shall give public~~
186		-	11 ~~notification by~~ the ~~conspicuous posting of notice of such~~
187		-	12 ~~failure as long as the failure continues.~~ ~~The notice shall be~~
188		-	13 ~~written in a manner reasonably designed to fully inform users~~
189		-	14 ~~of the system that a drinking water regulation has been~~
190		-	15 ~~violated,~~ and ~~shall disclose all material facts.~~ ~~All~~
191		-	16 ~~non-transient, non-community~~ water ~~systems must demonstrate~~
192		-	17 ~~technical~~, ~~financial~~, and ~~managerial capacity consistent with~~
193		-	18 ~~the federal Safe Drinking Water~~ Act.
194		-	19 ~~(n)~~ The ~~provisions~~ of the ~~Illinois Administrative~~
195		-	20 ~~Procedure~~ Act, are ~~hereby expressly adopted and shall apply to~~
196		-	21 ~~all administrative rules and procedures of~~ the Department of
197		-	22 ~~Public Health under this Section,~~ ~~except that in case of~~
198		-	23 ~~conflict between~~ the ~~Illinois Administrative Procedure Act and~~
199		-	24 ~~this Section~~ the ~~provisions of this Section shall control; and~~
200		-	25 ~~except that Section 5-35 of~~ the ~~Illinois Administrative~~
201		-	26 ~~Procedure Act relating to procedures~~ for ~~rulemaking shall not~~
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	141	+	1 capacity consistent with the federal Safe Drinking Water Act.
	142	+	2 (c) All private and semi-private water systems shall be
	143	+	3 constructed in accordance with the rules promulgated by the
	144	+	4 Department under this Section.
	145	+	5 (d) The Department shall promulgate rules for the
	146	+	6 construction and operation of all non-community and
	147	+	7 semi-private water systems. Such rules shall include but need
	148	+	8 not be limited to: the establishment of maximum contaminant
	149	+	9 levels no more stringent than federally established standards
	150	+	10 where such standards exist; the maintenance of records; the
	151	+	11 establishment of requirements for the submission and frequency
	152	+	12 of submission of water samples by suppliers of water to
	153	+	13 determine the water quality; and the capacity demonstration
	154	+	14 requirements to ensure compliance with technical, financial,
	155	+	15 and managerial capacity provisions of the federal Safe
	156	+	16 Drinking Water Act.
	157	+	17 (e) Borings, water monitoring wells, and wells subject to
	158	+	18 this Act shall, at a minimum, be abandoned and plugged in
	159	+	19 accordance with the requirements of Sections 16 and 19 of the
	160	+	20 Illinois Oil and Gas Act, and such rules as are promulgated
	161	+	21 thereunder. Nothing herein shall preclude the Department from
	162	+	22 adopting plugging and abandonment requirements which are more
	163	+	23 stringent than the rules of the Department of Natural
	164	+	24 Resources where necessary to protect the public health.
	165	+	25 (f) The Department shall inspect all non-community water
	166	+	26 systems for the purpose of determining compliance with the
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212		-	1 ~~apply to~~ the ~~adoption of any rule required by federal law in~~
213		-	2 ~~connection with which the Department is precluded by law from~~
214		-	3 ~~exercising any discretion.~~
215		-	4 ~~(o) All final administrative decisions~~ of ~~the Department~~
216		-	5 ~~issued pursuant to~~ this Section ~~shall be subject to judicial~~
217		-	6 ~~review pursuant to the provisions of the Administrative Review~~
218		-	7 ~~Law and~~ the ~~rules adopted pursuant thereto.~~ ~~The term~~
219		-	8 ~~"administrative decision"~~ ~~is defined as in~~ Section ~~3-101 of~~
220		-	9 ~~the Code of Civil Procedure.~~
221		-	10 ~~(p)~~ The ~~Director, after notice and opportunity for hearing~~
222		-	11 to the ~~applicant,~~ may ~~deny, suspend,~~ ~~or revoke a permit in any~~
223		-	12 ~~case in which he~~ or ~~she finds that there has been a substantial~~
224		-	13 ~~failure to comply with the provisions of this Section~~ or the
225		-	14 ~~standards~~, ~~rules and regulations established by virtue thereof~~
226		-	15 ~~and~~ may ~~impose an administrative penalty~~ of ~~$1,000 for each~~
227		-	16 ~~violation~~. ~~Each day's violation constitutes a separate~~
228		-	17 ~~offense.~~
229		-	18 ~~Such notice~~ shall ~~be effected by certified mail or by~~
230		-	19 ~~personal service setting forth the particular reasons for the~~
231		-	20 ~~proposed action and fixing a date, not less than 15 days from~~
232		-	21 the ~~date of such mailing~~ or ~~service, at which time the~~
233		-	22 ~~applicant shall be given an opportunity~~ to ~~request hearing.~~
234		-	23 The ~~hearing shall be conducted by the Director or by an~~
235		-	24 ~~individual designated in writing by~~ the ~~Director as Hearing~~
236		-	25 ~~Officer to conduct~~ the ~~hearing. On the basis~~ of ~~any such~~
237		-	26 ~~hearing,~~ or ~~upon default of the applicant, the Director shall~~
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	177	+	1 provisions of this Section and the regulations promulgated
	178	+	2 hereunder.
	179	+	3 (g) The Department may inspect semi-private and private
	180	+	4 water systems for the purpose of determining compliance with
	181	+	5 the provisions of this Section and the regulations promulgated
	182	+	6 hereunder.
	183	+	7 (h) The supplier of water shall be given written notice of
	184	+	8 all violations of this Section or the rules promulgated
	185	+	9 hereunder and all such violations shall be corrected in a
	186	+	10 manner and time specified by the Department.
	187	+	11 (i) The Department may conduct inspections to investigate
	188	+	12 the construction or water quality of non-community or
	189	+	13 semi-private water systems, or the construction of private
	190	+	14 water systems. Upon request of the owner or user, the
	191	+	15 Department may also conduct investigations of the water
	192	+	16 quality of private water systems.
	193	+	17 (j) The supplier of water for a private, semi-private, or
	194	+	18 non-community water system shall allow the Department and its
	195	+	19 authorized agents access to such premises at all reasonable
	196	+	20 times for the purpose of inspection.
	197	+	21 (k) The Department may designate full-time county or
	198	+	22 multiple-county health departments as its agents to facilitate
	199	+	23 the implementation of this Section.
	200	+	24 (l) The Department shall promulgate and publish rules
	201	+	25 necessary for the enforcement of this Section.
	202	+	26 (m) Whenever a non-community or semi-private water system
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248		-	1 ~~make a determination specifying his or her findings and~~
249		-	2 ~~conclusions. A copy~~ of ~~such determination~~ shall ~~be sent by~~
250		-	3 ~~certified mail or served personally upon~~ the ~~applicant.~~
251		-	4 ~~(q)~~ The ~~procedure governing hearings authorized by this~~
252		-	5 ~~Section shall be~~ in ~~accordance with rules promulgated by the~~
253		-	6 ~~Department.~~ A ~~full and complete record shall be kept of all~~
254		-	7 ~~proceedings~~, ~~including the notice of hearing,~~ ~~complaint and~~
255		-	8 ~~all other documents in the nature of pleadings~~, ~~written~~
256		-	9 ~~motions filed in the proceedings~~, and ~~the report and orders of~~
257		-	10 the ~~Director and Hearing Officer~~. ~~All testimony shall be~~
258		-	11 ~~reported but need not be transcribed unless review~~ of the
259		-	12 ~~decision is sought pursuant~~ to ~~the Administrative Review Law.~~
260		-	13 ~~Copies~~ of the ~~transcript may be obtained by any interested~~
261		-	14 ~~party on payment~~ of ~~the cost of preparing such copies. The~~
262		-	15 ~~Director or Hearing Officer shall,~~ ~~upon his or her own motion~~
263		-	16 ~~or on~~ the ~~written request~~ of ~~any party to the proceeding, issue~~
264		-	17 ~~subpoenas requiring~~ the ~~attendance and the giving of testimony~~
265		-	18 ~~by witnesses,~~ ~~and subpoenas duces tecum requiring the~~
266		-	19 ~~production~~ of ~~books, papers,~~ ~~records or memoranda.~~ ~~All~~
267		-	20 ~~subpoenas and subpoenas duces tecum issued under~~ the ~~terms of~~
268		-	21 ~~this Section may be served by~~ any ~~person of legal age~~. ~~The fees~~
269		-	22 of ~~witnesses for attendance and travel shall be~~ the ~~same as the~~
270		-	23 ~~fees of witnesses before the circuit courts of~~ this ~~State,~~
271		-	24 ~~such fees~~ to ~~be paid when~~ the ~~witness is excused from further~~
272		-	25 ~~attendance. When~~ the ~~witness is subpoenaed at~~ the ~~instance of~~
273		-	26 ~~the Director or Hearing Officer, such fees shall be paid~~ in ~~the~~
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	213	+	1 fails to comply with an applicable maximum contaminant level
	214	+	2 at the point of use, the supplier of water shall give public
	215	+	3 notification by the conspicuous posting of notice of such
	216	+	4 failure as long as the failure continues. The notice shall be
	217	+	5 written in a manner reasonably designed to fully inform users
	218	+	6 of the system that a drinking water regulation has been
	219	+	7 violated, and shall disclose all material facts. All
	220	+	8 non-transient, non-community water systems must demonstrate
	221	+	9 technical, financial, and managerial capacity consistent with
	222	+	10 the federal Safe Drinking Water Act.
	223	+	11 (n) The provisions of the Illinois Administrative
	224	+	12 Procedure Act, are hereby expressly adopted and shall apply to
	225	+	13 all administrative rules and procedures of the Department of
	226	+	14 Public Health under this Section, except that in case of
	227	+	15 conflict between the Illinois Administrative Procedure Act and
	228	+	16 this Section the provisions of this Section shall control; and
	229	+	17 except that Section 5-35 of the Illinois Administrative
	230	+	18 Procedure Act relating to procedures for rulemaking shall not
	231	+	19 apply to the adoption of any rule required by federal law in
	232	+	20 connection with which the Department is precluded by law from
	233	+	21 exercising any discretion.
	234	+	22 (o) All final administrative decisions of the Department
	235	+	23 issued pursuant to this Section shall be subject to judicial
	236	+	24 review pursuant to the provisions of the Administrative Review
	237	+	25 Law and the rules adopted pursuant thereto. The term
	238	+	26 "administrative decision" is defined as in Section 3-101 of
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284		-	1 ~~same manner as other expenses~~ of ~~the Department, and when the~~
285		-	2 ~~witness is subpoenaed at~~ the ~~instance of any other party to any~~
286		-	3 ~~such proceeding,~~ the ~~Department~~ may ~~require that the cost of~~
287		-	4 ~~service of the subpoena~~ or ~~subpoena duces tecum and the fee of~~
288		-	5 ~~the witness be borne by~~ the ~~party at whose instance~~ the ~~witness~~
289		-	6 ~~is summoned. In such case~~, ~~the Department,~~ ~~in its discretion,~~
290		-	7 may ~~require a deposit to cover the cost~~ of ~~such service and~~
291		-	8 ~~witness fees.~~ A ~~subpoena or subpoena duces tecum so issued~~
292		-	9 ~~shall be served in the same manner as a subpoena issued by a~~
293		-	10 ~~circuit court.~~
294		-	11 ~~(r) Any circuit court of this State, upon~~ the ~~application~~
295		-	12 ~~of the Director or upon the application of any other party to~~
296		-	13 the ~~proceeding~~, ~~may, in its discretion, compel~~ the ~~attendance~~
297		-	14 ~~of witnesses,~~ ~~the production of books,~~ ~~papers, records or~~
298		-	15 ~~memoranda and~~ the ~~giving of testimony before~~ the Director or
299		-	16 Hearing ~~Officer conducting an investigation or holding a~~
300		-	17 hearing ~~authorized by this Section,~~ ~~by an attachment for~~
301		-	18 ~~contempt~~ or ~~otherwise, in~~ the ~~same manner as production of~~
302		-	19 ~~evidence may be compelled before the court.~~
303		-	20 ~~(s) The Director or Hearing Officer,~~ ~~or any party in an~~
304		-	21 ~~investigation~~ or ~~hearing before~~ the ~~Department, may cause the~~
305		-	22 ~~depositions of witnesses within~~ the ~~State to be taken in the~~
306		-	23 ~~manner prescribed~~ by ~~law for like depositions in civil actions~~
307		-	24 ~~in courts~~ of ~~this State, and to that end compel the attendance~~
308		-	25 ~~of witnesses and~~ the ~~production~~ of ~~books~~, ~~papers, records, or~~
309		-	26 ~~memoranda.~~
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	249	+	1 the Code of Civil Procedure.
	250	+	2 (p) The Director, after notice and opportunity for hearing
	251	+	3 to the applicant, may deny, suspend, or revoke a permit in any
	252	+	4 case in which he or she finds that there has been a substantial
	253	+	5 failure to comply with the provisions of this Section or the
	254	+	6 standards, rules and regulations established by virtue thereof
	255	+	7 and may impose an administrative penalty of $1,000 for each
	256	+	8 violation. Each day's violation constitutes a separate
	257	+	9 offense.
	258	+	10 Such notice shall be effected by certified mail or by
	259	+	11 personal service setting forth the particular reasons for the
	260	+	12 proposed action and fixing a date, not less than 15 days from
	261	+	13 the date of such mailing or service, at which time the
	262	+	14 applicant shall be given an opportunity to request hearing.
	263	+	15 The hearing shall be conducted by the Director or by an
	264	+	16 individual designated in writing by the Director as Hearing
	265	+	17 Officer to conduct the hearing. On the basis of any such
	266	+	18 hearing, or upon default of the applicant, the Director shall
	267	+	19 make a determination specifying his or her findings and
	268	+	20 conclusions. A copy of such determination shall be sent by
	269	+	21 certified mail or served personally upon the applicant.
	270	+	22 (q) The procedure governing hearings authorized by this
	271	+	23 Section shall be in accordance with rules promulgated by the
	272	+	24 Department. A full and complete record shall be kept of all
	273	+	25 proceedings, including the notice of hearing, complaint and
	274	+	26 all other documents in the nature of pleadings, written
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320		-	1 ~~(t) Any person who violates this Section or any rule or~~
321		-	2 ~~regulation adopted by~~ the ~~Department, or who violates any~~
322		-	3 ~~determination or order~~ of the ~~Department under this Section,~~
323		-	4 ~~shall be guilty of a Class A misdemeanor,~~ ~~and shall be fined a~~
324		-	5 ~~sum not less than $100, and shall~~ be ~~liable for a civil penalty~~
325		-	6 of ~~at least $1,000 for each violation~~. ~~Each day's violation~~
326		-	7 ~~constitutes a separate offense.~~ ~~The State's Attorney of the~~
327		-	8 ~~county in which~~ the ~~violation occurs,~~ or the ~~Attorney General~~
328		-	9 of the ~~State~~ of ~~Illinois, may bring such actions in the name of~~
329		-	10 ~~the People of~~ the ~~State of Illinois; or may in addition to~~
330		-	11 ~~other remedies provided in this Section~~, ~~bring action for an~~
331		-	12 ~~injunction to restrain such violation,~~ ~~or to enjoin~~ the
332		-	13 ~~operation~~ of ~~any establishment~~.
333		-	14 ~~(u)~~ The ~~State of Illinois, and all of its agencies,~~
334		-	15 ~~institutions~~, ~~offices and subdivisions shall comply with all~~
335		-	16 ~~requirements, prohibitions and other provisions of this~~
336		-	17 ~~Section and regulations adopted thereunder.~~
337		-	18 ~~(v) No agency of~~ the ~~State~~ shall ~~authorize, permit or~~
338		-	19 ~~license~~ the ~~construction or operation of any potential route,~~
339		-	20 ~~potential primary source,~~ ~~or potential secondary source,~~ as
340		-	21 ~~those terms are defined in~~ the ~~Environmental Protection Act,~~
341		-	22 ~~in violation~~ of ~~any provision of this Section~~ or the
342		-	23 ~~regulations adopted hereunder.~~
343		-	24 ~~(w) This Section shall not apply to any water supply which~~
344		-	25 ~~is connected~~ to ~~a community water supply which is regulated~~
345		-	26 ~~under the Environmental Protection Act,~~ ~~except as provided in~~
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	285	+	1 motions filed in the proceedings, and the report and orders of
	286	+	2 the Director and Hearing Officer. All testimony shall be
	287	+	3 reported but need not be transcribed unless review of the
	288	+	4 decision is sought pursuant to the Administrative Review Law.
	289	+	5 Copies of the transcript may be obtained by any interested
	290	+	6 party on payment of the cost of preparing such copies. The
	291	+	7 Director or Hearing Officer shall, upon his or her own motion
	292	+	8 or on the written request of any party to the proceeding, issue
	293	+	9 subpoenas requiring the attendance and the giving of testimony
	294	+	10 by witnesses, and subpoenas duces tecum requiring the
	295	+	11 production of books, papers, records or memoranda. All
	296	+	12 subpoenas and subpoenas duces tecum issued under the terms of
	297	+	13 this Section may be served by any person of legal age. The fees
	298	+	14 of witnesses for attendance and travel shall be the same as the
	299	+	15 fees of witnesses before the circuit courts of this State,
	300	+	16 such fees to be paid when the witness is excused from further
	301	+	17 attendance. When the witness is subpoenaed at the instance of
	302	+	18 the Director or Hearing Officer, such fees shall be paid in the
	303	+	19 same manner as other expenses of the Department, and when the
	304	+	20 witness is subpoenaed at the instance of any other party to any
	305	+	21 such proceeding, the Department may require that the cost of
	306	+	22 service of the subpoena or subpoena duces tecum and the fee of
	307	+	23 the witness be borne by the party at whose instance the witness
	308	+	24 is summoned. In such case, the Department, in its discretion,
	309	+	25 may require a deposit to cover the cost of such service and
	310	+	26 witness fees. A subpoena or subpoena duces tecum so issued
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356		-	1 Section 9.1.
357		-	2 (Source: P.A. 92-369, eff. 8-15-01; 92-652, eff. 7-11-02.)
358		-	3 Section 99. Effective date. This Act takes effect upon
359		-	4 becoming law.
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	321	+	1 shall be served in the same manner as a subpoena issued by a
	322	+	2 circuit court.
	323	+	3 (r) Any circuit court of this State, upon the application
	324	+	4 of the Director or upon the application of any other party to
	325	+	5 the proceeding, may, in its discretion, compel the attendance
	326	+	6 of witnesses, the production of books, papers, records or
	327	+	7 memoranda and the giving of testimony before the Director or
	328	+	8 Hearing Officer conducting an investigation or holding a
	329	+	9 hearing authorized by this Section, by an attachment for
	330	+	10 contempt or otherwise, in the same manner as production of
	331	+	11 evidence may be compelled before the court.
	332	+	12 (s) The Director or Hearing Officer, or any party in an
	333	+	13 investigation or hearing before the Department, may cause the
	334	+	14 depositions of witnesses within the State to be taken in the
	335	+	15 manner prescribed by law for like depositions in civil actions
	336	+	16 in courts of this State, and to that end compel the attendance
	337	+	17 of witnesses and the production of books, papers, records, or
	338	+	18 memoranda.
	339	+	19 (t) Any person who violates this Section or any rule or
	340	+	20 regulation adopted by the Department, or who violates any
	341	+	21 determination or order of the Department under this Section,
	342	+	22 shall be guilty of a Class A misdemeanor and shall be fined a
	343	+	23 sum not less than $100 and shall be liable for a civil penalty
	344	+	24 of at least $1,000 for each violation. Each day's violation
	345	+	25 constitutes a separate offense. The State's Attorney of the
	346	+	26 county in which the violation occurs, or the Attorney General
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	353	+
	354	+
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	357	+	1 of the State of Illinois, may bring such actions in the name of
	358	+	2 the People of the State of Illinois; or may in addition to
	359	+	3 other remedies provided in this Section, bring action for an
	360	+	4 injunction to restrain such violation, or to enjoin the
	361	+	5 operation of any establishment.
	362	+	6 (u) The State of Illinois, and all of its agencies,
	363	+	7 institutions, offices and subdivisions shall comply with all
	364	+	8 requirements, prohibitions and other provisions of this
	365	+	9 Section and regulations adopted thereunder.
	366	+	10 (v) No agency of the State shall authorize, permit or
	367	+	11 license the construction or operation of any potential route,
	368	+	12 potential primary source, or potential secondary source, as
	369	+	13 those terms are defined in the Environmental Protection Act,
	370	+	14 in violation of any provision of this Section or the
	371	+	15 regulations adopted hereunder.
	372	+	16 (w) This Section shall not apply to any water supply which
	373	+	17 is connected to a community water supply which is regulated
	374	+	18 under the Environmental Protection Act, except as provided in
	375	+	19 Section 9.1.
	376	+	20 (Source: P.A. 92-369, eff. 8-15-01; 92-652, eff. 7-11-02.)
	377	+
	378	+
	379	+
	380	+
	381	+
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