Bill Text: IL HB3739 | 2025-2026 | 104th General Assembly | Engrossed

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Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the short title.

Sponsorship: Partisan Bill (Democrat 8)

Status: (Engrossed - Dead) 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [HB3739 Detail]

Download: Illinois-2025-HB3739-Engrossed.html

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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Section 3.145 as follows:
(415 ILCS 5/3.145) (was 415 ILCS 5/3.05)
Sec. 3.145. Community water supply; non-community water
supply.
"Community water supply" means a public water supply which
serves or is intended to serve at least 15 service connections
used by residents or regularly serves at least 25 residents.
"Non-community water supply" means a public water supply
that is not a community water supply.
The requirements of this Act shall not apply to
non-community water supplies, except for purposes of: .
(1) the Agency's implementation of the Safe Drinking
Water Act under subsection (l) of Section 4 of this Act;
(2) the Board's adoption of rules under subsection (c)
of Section 5 that expressly pertain to non-community water
supplies or all public water supplies and the Board's
adoption of amendments to those rules; and
(3) any provisions of this Act or rules adopted by the
Board under this Act that are referenced in, or applicable

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to, non-community water supplies under the Illinois
Groundwater Protection Act or rules adopted under the
Illinois Groundwater Protection Act by the Department of
Public Health.
(Source: P.A. 92-574, eff. 6-26-02.)
Section 10. The Illinois Groundwater Protection Act is
amended by changing Section 9 as follows:
(415 ILCS 55/9) (from Ch. 111 1/2, par. 7459)
Sec. 9. (a) As used in this Section, unless the context
clearly requires otherwise:
(1) "Community water system" means a public water
system which serves at least 15 service connections used
by residents or regularly serves at least 25 residents for
at least 60 days per year.
(2) "Contaminant" means any physical, chemical,
biological, or radiological substance or matter in water.
(3) "Department" means the Illinois Department of
Public Health.
(4) "Non-community water system" means a public water
system which is not a community water system, and has at
least 15 service connections used by nonresidents, or
regularly serves 25 or more nonresident individuals daily
for at least 60 days per year.
(4.5) "Non-transient, non-community water system"

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means a non-community water system that regularly serves
the same 25 or more persons at least 6 months per year.
(5) "Private water system" means any supply which
provides water for drinking, culinary, and sanitary
purposes and serves an owner-occupied single family
dwelling.
(6) "Public water system" means a system for the
provision to the public of water for human consumption
through pipes or other constructed conveyances, 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. A public water system is either a
community water system (CWS) or a non-community water
system (non-CWS). The term "public water system" includes
any collection, treatment, storage or distribution
facilities under control of the operator of such system
and used primarily in connection with such system and any
collection or pretreatment storage facilities not under
such control which are used primarily in connection with
such system.
(7) "Semi-private water system" means a water supply
which is not a public water system, yet which serves a
segment of the public other than an owner-occupied single
family dwelling.
(8) "Supplier of water" means any person who owns or
operates a water system.

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(b) No non-community water system may be constructed,
altered, or extended until plans, specifications, and other
information relative to such system are submitted to and
reviewed by the Department for conformance with the rules
promulgated under this Section, and until a permit for such
activity is issued by the Department. As part of the permit
application, all new non-transient, non-community water
systems must demonstrate technical, financial, and managerial
capacity consistent with the federal Safe Drinking Water Act.
(c) All private and semi-private water systems shall be
constructed in accordance with the rules promulgated by the
Department under this Section.
(d) The Department shall promulgate rules for the
construction and operation of all non-community and
semi-private water systems. Such rules shall include but need
not be limited to: the establishment of maximum contaminant
levels no more stringent than federally established standards
where such standards exist; the maintenance of records; the
establishment of requirements for the submission and frequency
of submission of water samples by suppliers of water to
determine the water quality; and the capacity demonstration
requirements to ensure compliance with technical, financial,
and managerial capacity provisions of the federal Safe
Drinking Water Act.
(e) Borings, water monitoring wells, and wells subject to
this Act shall, at a minimum, be abandoned and plugged in

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accordance with the requirements of Sections 16 and 19 of the
Illinois Oil and Gas Act, and such rules as are promulgated
thereunder. Nothing herein shall preclude the Department from
adopting plugging and abandonment requirements which are more
stringent than the rules of the Department of Natural
Resources where necessary to protect the public health.
(f) The Department shall inspect all non-community water
systems for the purpose of determining compliance with the
provisions of this Section and the regulations promulgated
hereunder.
(g) The Department may inspect semi-private and private
water systems for the purpose of determining compliance with
the provisions of this Section and the regulations promulgated
hereunder.
(h) The supplier of water shall be given written notice of
all violations of this Section or the rules promulgated
hereunder and all such violations shall be corrected in a
manner and time specified by the Department.
(i) The Department may conduct inspections to investigate
the construction or water quality of non-community or
semi-private water systems, or the construction of private
water systems. Upon request of the owner or user, the
Department may also conduct investigations of the water
quality of private water systems.
(j) The supplier of water for a private, semi-private, or
non-community water system shall allow the Department and its

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authorized agents access to such premises at all reasonable
times for the purpose of inspection.
(k) The Department may designate full-time county or
multiple-county health departments as its agents to facilitate
the implementation of this Section.
(l) The Department shall promulgate and publish rules
necessary for the enforcement of this Section.
(m) Whenever a non-community or semi-private water system
fails to comply with an applicable maximum contaminant level
at the point of use, the supplier of water shall give public
notification by the conspicuous posting of notice of such
failure as long as the failure continues. The notice shall be
written in a manner reasonably designed to fully inform users
of the system that a drinking water regulation has been
violated, and shall disclose all material facts. All
non-transient, non-community water systems must demonstrate
technical, financial, and managerial capacity consistent with
the federal Safe Drinking Water Act.
(n) The provisions of the Illinois Administrative
Procedure Act, are hereby expressly adopted and shall apply to
all administrative rules and procedures of the Department of
Public Health under this Section, except that in case of
conflict between the Illinois Administrative Procedure Act and
this Section the provisions of this Section shall control; and
except that Section 5-35 of the Illinois Administrative
Procedure Act relating to procedures for rulemaking shall not

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apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from
exercising any discretion.
(o) All final administrative decisions of the Department
issued pursuant to this Section shall be subject to judicial
review pursuant to the provisions of the Administrative Review
Law and the rules adopted pursuant thereto. The term
"administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure.
(p) The Director, after notice and opportunity for hearing
to the applicant, may deny, suspend, or revoke a permit in any
case in which he or she finds that there has been a substantial
failure to comply with the provisions of this Section or the
standards, rules and regulations established by virtue thereof
and may impose an administrative penalty of $1,000 for each
violation. Each day's violation constitutes a separate
offense.
Such notice shall be effected by certified mail or by
personal service setting forth the particular reasons for the
proposed action and fixing a date, not less than 15 days from
the date of such mailing or service, at which time the
applicant shall be given an opportunity to request hearing.
The hearing shall be conducted by the Director or by an
individual designated in writing by the Director as Hearing
Officer to conduct the hearing. On the basis of any such
hearing, or upon default of the applicant, the Director shall

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make a determination specifying his or her findings and
conclusions. A copy of such determination shall be sent by
certified mail or served personally upon the applicant.
(q) The procedure governing hearings authorized by this
Section shall be in accordance with rules promulgated by the
Department. A full and complete record shall be kept of all
proceedings, including the notice of hearing, complaint and
all other documents in the nature of pleadings, written
motions filed in the proceedings, and the report and orders of
the Director and Hearing Officer. All testimony shall be
reported but need not be transcribed unless review of the
decision is sought pursuant to the Administrative Review Law.
Copies of the transcript may be obtained by any interested
party on payment of the cost of preparing such copies. The
Director or Hearing Officer shall, upon his or her own motion
or on the written request of any party to the proceeding, issue
subpoenas requiring the attendance and the giving of testimony
by witnesses, and subpoenas duces tecum requiring the
production of books, papers, records or memoranda. All
subpoenas and subpoenas duces tecum issued under the terms of
this Section may be served by any person of legal age. The fees
of witnesses for attendance and travel shall be the same as the
fees of witnesses before the circuit courts of this State,
such fees to be paid when the witness is excused from further
attendance. When the witness is subpoenaed at the instance of
the Director or Hearing Officer, such fees shall be paid in the

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same manner as other expenses of the Department, and when the
witness is subpoenaed at the instance of any other party to any
such proceeding, the Department may require that the cost of
service of the subpoena or subpoena duces tecum and the fee of
the witness be borne by the party at whose instance the witness
is summoned. In such case, the Department, in its discretion,
may require a deposit to cover the cost of such service and
witness fees. A subpoena or subpoena duces tecum so issued
shall be served in the same manner as a subpoena issued by a
circuit court.
(r) Any circuit court of this State, upon the application
of the Director or upon the application of any other party to
the proceeding, may, in its discretion, compel the attendance
of witnesses, the production of books, papers, records or
memoranda and the giving of testimony before the Director or
Hearing Officer conducting an investigation or holding a
hearing authorized by this Section, by an attachment for
contempt or otherwise, in the same manner as production of
evidence may be compelled before the court.
(s) The Director or Hearing Officer, or any party in an
investigation or hearing before the Department, may cause the
depositions of witnesses within the State to be taken in the
manner prescribed by law for like depositions in civil actions
in courts of this State, and to that end compel the attendance
of witnesses and the production of books, papers, records, or
memoranda.

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(t) Any person who violates this Section or any rule or
regulation adopted by the Department, or who violates any
determination or order of the Department under this Section,
shall be guilty of a Class A misdemeanor, and shall be fined a
sum not less than $100, and shall be liable for a civil penalty
of at least $1,000 for each violation. Each day's violation
constitutes a separate offense. The State's Attorney of the
county in which the violation occurs, or the Attorney General
of the State of Illinois, may bring such actions in the name of
the People of the State of Illinois; or may in addition to
other remedies provided in this Section, bring action for an
injunction to restrain such violation, or to enjoin the
operation of any establishment.
(u) The State of Illinois, and all of its agencies,
institutions, offices and subdivisions shall comply with all
requirements, prohibitions and other provisions of this
Section and regulations adopted thereunder.
(v) No agency of the State shall authorize, permit or
license the construction or operation of any potential route,
potential primary source, or potential secondary source, as
those terms are defined in the Environmental Protection Act,
in violation of any provision of this Section or the
regulations adopted hereunder.
(w) This Section shall not apply to any water supply which
is connected to a community water supply which is regulated
under the Environmental Protection Act, except as provided in

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Section 9.1.
(Source: P.A. 92-369, eff. 8-15-01; 92-652, eff. 7-11-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.