Bill Text: IL SB3778 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Provides the exclusive requirements, standards, and procedures that shall apply to the construction, operation, registration, permitting, or approval of on site Legionella control systems within premise plumbing systems in commercial, industrial, institutional, and residential buildings that receive finished water from a permitted public water supply. Requires the Environmental Protection Agency to propose to the Pollution Control Board a permit for the installation and operation of on site Legionella control systems. Provides that, until the Board adopts rules for the permit, an owner of a premise plumbing system who seeks to construct or operate an on site Legionella control system shall register the system by filing a notice with specified information with the Agency. Requires the on site Legionella control system to comply with specified requirements. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3778 Detail]

Download: Illinois-2019-SB3778-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3778 Introduced 2/14/2020, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
415 ILCS 5/17.12 new
Amends the Environmental Protection Act. Provides the exclusive requirements, standards, and procedures that shall apply to the construction, operation, registration, permitting, or approval of on site Legionella control systems within premise plumbing systems in commercial, industrial, institutional, and residential buildings that receive finished water from a permitted public water supply. Requires the Environmental Protection Agency to propose to the Pollution Control Board a permit for the installation and operation of on site Legionella control systems. Provides that, until the Board adopts rules for the permit, an owner of a premise plumbing system who seeks to construct or operate an on site Legionella control system shall register the system by filing a notice with specified information with the Agency. Requires the on site Legionella control system to comply with specified requirements. Effective immediately.
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A BILL FOR
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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
adding Section 17.12 as follows:
(415 ILCS 5/17.12 new)
Sec. 17.12. Control of Legionella in premise plumbing
systems.
(a) The General Assembly finds that:
(1) Legionnaire's disease is a life-threatening
water-borne disease caused by inhalation of the Legionella
bacteria.
(2) Legionnaire's disease poses a clear and present
danger to the People of Illinois.
(3) Legionella bacteria can propagate in premise
plumbing systems in commercial, industrial, institutional,
and residential buildings that receive finished water from
a public water supply.
(4) There are too many such buildings in the State of
Illinois to permit each building premise plumbing system
individually.
(5) On site Legionella control systems provide
supplemental control rather than primary treatment.

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(6) It is unnecessary to require individual permitting
for on site Legionella control systems that have been
certified by the National Sanitation Foundation (NSF
International) and registered by the United States
Environmental Protection Agency or an equivalent
certifying or registering agency when such systems are used
in premise plumbing systems receiving finished water from a
public water supply.
(7) On site Legionella control systems provide
consecutive and supplemental treatment rather than primary
treatment.
(8) The expense and burden of unnecessary regulation
and permitting of on site Legionella control systems is
discouraging Illinois building owners from utilizing these
life-saving systems.
(9) It is in the interest of the State of Illinois and
its People to establish an expedited procedure for the
registration of on site Legionella control systems and the
adoption by the Board of a permit by rule that encourages
the installation and operation of safe and effective on
site Legionella control systems in premise plumbing
systems.
(b) Definitions: In this Section:
"Agency" means the Illinois Environmental Protection
Agency.
"Department" means the Department of Public Health and

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local health departments delegated with the authority to act on
behalf of the Department of Public Health.
"Finished water" means water that has been treated to meet
water quality standards under the federal Safe Drinking Water
Act and is supplied by a permitted public water supply to a
public water supply customer.
"Legionella" means small gram-negative rod-shaped
bacteria.
"On site Legionella control system" mean a system
constructed and operated on the premises of a premise plumbing
system, either temporarily or permanently, to prevent, reduce,
or eliminate the potential for propagation of Legionella in
finished water within the premise plumbing system. "On site
Legionella control system" includes, but is not limited to, the
following control technologies: chlorination, chlorine
dioxide, copper-silver ionization, and ultraviolet light
disinfection.
"Premise plumbing system" means on site piping and other
water distribution equipment extending from the building water
meter to each individual tap within a commercial, industrial,
institutional, or residential building that receives finished
water from a public water supply.
(c) Notwithstanding anything to the contrary in this Act,
the Illinois Groundwater Protection Act, the Illinois
Department of Public Health Act, the Illinois Department of
Public Health Powers and Duties Law, the Illinois Plumbing

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License Law, any rules adopted under those Acts or Laws, or any
other provision of law, this Section sets forth the exclusive
requirements, standards, and procedures that shall apply to the
construction, operation, registration, permitting, or approval
of on site Legionella control systems within premise plumbing
systems in commercial, industrial, institutional, and
residential buildings that receive finished water from a
permitted public water supply.
(d) No later than one year after the effective date of this
amendatory Act of the 101st General Assembly, the Agency shall
propose to the Board a permit by rule under Section 39.12 for
the installation and operation of on site Legionella control
systems that does not impose unnecessary monitoring, testing,
or reporting requirements. The Board shall thereafter adopt a
permit by rule designed to achieve the purposes of this
Section.
(e) Until the Board adopts the permit by rule under
subsection (d), an owner of a premise plumbing system who seeks
to construct or operate an on site Legionella control system
shall register the on site Legionella control system by filing
a notice of intent to construct or operate it with the Agency
by certified mail. The owner may commence construction or
operation of the on site Legionella control system after the
certified mail return receipt date. Notification under this
subsection shall include the following information:
(1) The name, street address, city, county, and

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Property Index Number of the building at which the on site
Legionella control system will be installed.
(2) The name, title, address, phone number, and email
of an authorized representative of the owner of the
building responsible for compliance with this Section.
(3) The name, title, address, phone number, and email
of a representative of the company and general contractor
that will install or operate the on site Legionella control
system.
(4) The anticipated dates of commencement of
installation and operation of the on site Legionella
control system.
(5) The type of on site Legionella control equipment to
be installed, the equipment's manufacturer, and the on site
Legionella control system's operating parameters.
(6) A control system monitoring plan with the following
information:
(A) the operating parameters to be monitored and
the schedule for monitoring;
(B) a process flow diagram, including, but not
limited to, the locations of the water meter, on site
Legionella control system, and taps served by the
premise plumbing system; and
(C) the monitoring records to be maintained and the
location of the monitoring records.
(f) An on site Legionella control system constructed,

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operated, and registered pursuant to subsection (e) shall
comply with the following conditions:
(1) The installation of the on site Legionella control
system and all plumbing modifications and additions to the
premise plumbing system required for the proper
installation and operation of such system pursuant to
manufacturers' specifications shall be performed by a
plumber licensed under the Illinois Plumbing License Law.
However, the installation of an on site Legionella control
system under this Section shall not be required to modify
or replace any portion of the premise plumbing system that
is not affected by the installation or operation of the on
site Legionella control system, nor shall the installation
of an on site Legionella control system negate any
exemption that may otherwise apply to any portion of the
premise plumbing system under 77 Ill. Adm. Code 890.
(2) All equipment comprising the on site Legionella
control system must be certified by the National Sanitation
Foundation as safe for use in finished drinking water.
Compliant certifications include, but are not limited to,
certification under NSF/ANSI 55, 60, and 61 and the UL
Electrical Code Standards, including, but not limited to,
UL 979 Standard for Water Treatment Appliances.
(3) The on site Legionella control system must be
registered by the United States Environmental Protection
Agency under 7 U.S.C. 136(c)(3) as effective in controlling

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Legionella in drinking water.
(4) The owner of the on site Legionella control system
shall maintain on the premises a control system monitoring
plan pursuant to paragraph (6) of subsection (e), any
amendments thereto, and the records of all monitoring
performed pursuant to the control system monitoring plan
for a minimum of 10 years. Any amendments to the control
system monitoring plan shall be submitted to the Agency
within 30 business days following the amendment.
(5) The owner of the on site Legionella control system
shall provide notification by telephone, facsimile, or
electronic communication to the Agency within 5 business
days of discovery of any material deviations from the on
site Legionella control system operating parameters
specified in the control system monitoring plan. Within 30
days thereafter, the owner shall provide written
notification of the material deviations to the Agency with
the following information:
(A) the nature and duration of any reported
material deviation;
(B) whether and when compliance with the operating
parameters was restored;
(C) any equipment maintenance or replacement
undertaken to restore compliance with the operating
parameters; and
(D) any shutdown of the on site Legionella control

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system.
(6) The owner of the on site Legionella control system
shall notify the Agency of a change in ownership of the
building or any person or entity identified under paragraph
(1), (2), or (3) of subsection (e).
(7) The owner of the on site Legionella control system
shall notify the Agency of a change in the type of on site
Legionella control system, a change in the operating
parameters identified under paragraphs (5) and (6) of
subsection (e), and upon permanent shutdown of the on site
Legionella control system.
(8) The owner of an on site Legionella control system
that produces disinfection byproducts shall comply with
the United States Environmental Protection Agency's Stage
1 Disinfectants and Disinfection Byproduct Rule.
Section 99. Effective date. This Act takes effect upon
becoming law.