Approved: August 23, 2009
Effective Date: Immediate
In response to the situation that occurred in Crestwood, Illinois the General Assembly approved HB 4021 that establishes new standards for record maintenance, creates procedures for public notice, and creates new categories of penalties for violations.
Record Maintenance
Generally, owners and operators of community water systems must maintain all records, reports, and other documents related to the operation of the community water system for a minimum of 10 years.
• Documents required to be maintained include, but are not limited to all billing records and other documents related to the purchase of water from other community water systems.
• Documents must be maintained on the premises of the community water system, or at a convenient location near its premises, and must be made available to the EPA for inspection and copying during normal business hours.
Mandated Public Notice Provisions
In circumstances where the EPA :
(1) refers a matter for enforcement under Section 43 of the Environmental Protection Act (415 ILCS 5/43) (In circumstances of substantial danger to the environment or to the public health of persons or to the welfare of persons where such danger is to the livelihood of such persons.); or
(2) The EPA issues a seal order under subsection (a)of Section 34 (415 ILCA
5/34) of the Act (Upon a finding that episode or emergency conditions specified in Board regulations exist, the Agency shall declare such alerts or emergencies as provided by those regulations. While such an alert or emergency is in effect, the Agency may seal any equipment, vehicle, vessel, aircraft, or other facility operated in violation of such regulations.)
the following will take place:
• The EPA shall, within 2 days after the action, provide public notice of the action by issuing a press release and posting the press release on the EPA's website;
• Within 5 days the EPA must provide notice of the action to the owner and the operator of the community water system and the owners and operators of all connected community water systems. The notice must be printed on EPA letterhead and describe the action being taken and the basis for the action;
• Within 5 business days after receiving notice from the EPA the owner or operator of the community water system and the owners or operators of all connected community water systems must send, to all residents and owners of premises:
o A copy of the notice by first-class mail or by e-mail; or notification, in a form approved by the EPA, via first-class postcard, text message, or telephone.
o Notices to institutional residents, including, but not limited to, residents of school dormitories, nursing homes, and assisted care facilities, may be made to the owners and operators of those institutions who shall notify their residents in the same manner as specified for owners and operators of community water systems.
o If the manner for notice selected by the community water system does not include a written copy of the notice provided by the EPA, a written copy of the notice provided by the EPA shall be included in the next water bill.
• If the water bill is sent on a postcard, no written copy of the notice provided by the EPA is required if the postcard includes the Internet address for the notice posted on the EPA's website.
• The front of the envelope or postcard in which any such notice is sent to residents and owners of premises connected to the community water system shall carry the following text in at least 18 point font: PUBLIC HEALTH NOTICE - READ IMMEDIATELY.
• For a postcard, text message, or telephonic communication, the EPA shall specify the minimum information that the owner or operator must include in such methods of notice.
Within 7 days after the owner or operator of the community water system sends the notices to all residents and owners of premises connected to the affected community water system, the owner or operator shall provide the EPA
with proof that the notices have been sent.
Upon a determination that groundwater contamination poses a threat of exposure to the public above the Class I groundwater quality standards, the steps and provisions for providing notice outlined above will also apply.
Newly Added Penalties
• Any owner or operator of a community water system that violates notification provisions shall be liable for a civil penalty not to exceed $5 for each of the premises connected to the affected community water system.
• Any person who knowingly makes a false, fictitious, or fraudulent material statement, orally or in writing, to the EPA, or to a unit of local government to which the EPA has delegated authority commits a Class 4 felony, and each such statement or writing shall be considered a separate Class 4 felony. A person who, after being convicted under this provision, violates this paragraph a second or subsequent time, commits a Class 3 felony.
