2023 Illinois Compiled Statutes › Chapter 415 - ENVIRONMENTAL SAFETY › 415 ILCS 5/ - Environmental Protection Act. › Title IV-A - Water Pollution Control and Public Water Supplies

(415 ILCS 5/Tit. IV-A heading)
TITLE IV-A:  
		WATER POLLUTION CONTROL
AND PUBLIC WATER SUPPLIES
(415 ILCS 5/19.1) (from Ch. 111 1/2, par. 1019.1)
Sec. 19.1. Legislative findings. The General Assembly finds:
(a) that local government units require assistance in     financing the construction of water treatment works and projects in order to comply with the State's program of environmental protection and federally mandated requirements;
(b) that the federal Water Quality Act of 1987     provides an important source of grant awards to the State for providing assistance to local government units through the Water Pollution Control Loan Program;
(c) that local government units and privately owned     community water supplies require assistance in financing the construction of their public water supplies to comply with State and federal drinking water laws and regulations;
(d) that the federal Safe Drinking Water Act     ("SDWA"), P.L. 93-523, as now or hereafter amended, provides an important source of capitalization grant awards to the State to provide assistance to local government units and privately owned community water supplies through the Public Water Supply Loan Program;
(e) that violations of State and federal drinking     water standards threaten the public interest, safety, and welfare, which demands that the Illinois Environmental Protection Agency expeditiously adopt emergency rules to administer the Public Water Supply Loan Program;
(f) that the General Assembly agrees with the     conclusions and recommendations of the "Report to the Illinois General Assembly on the Issue of Expanding Public Water Supply Loan Eligibility to Privately Owned Community Water Supplies", dated August 1998, including the stated access to the Public Water Supply Loan Program by the privately owned public water supplies so that the long term integrity and viability of the corpus of the Fund will be assured;
(g) that the American Recovery and Reinvestment Act     of 2009 provides a source of capitalization grant awards to the State to provide loans and additional subsidization, including, but not limited to, forgiveness of principal, negative interest loans, and grants, to local government units through the Water Pollution Control Loan Program and to local government units and privately owned community water supplies through the Public Water Supply Loan Program;
(h)   that expanding eligibility to include publicly     owned municipal storm water projects eligible for financing as treatment works, as defined under Section 212 of the Federal Water Pollution Control Act, will provide the Agency with the statutory authority to use moneys in the Water Pollution Control Loan Program to provide financial assistance for eligible projects, including those that encourage green infrastructure, that manage and treat storm water, and that maintain and restore natural hydrology by infiltrating, evapotranspiring, and capturing and using storm water;
(i)  that in planning projects for which financing     will be sought from the Water Pollution Control Loan Program, municipalities may benefit from efforts to consider a project's lifetime costs; the availability of long-term funding for the construction, operation, maintenance, and replacement of the project; the resilience of the project to the effects of climate change; the project's ability to increase water efficiency; the capacity of the project to restore natural hydrology or to preserve or restore landscape features; the cost-effectiveness of the project; and the overall environmental innovativeness of the project; and
(j)  that projects implementing a management program     established under Section 319 of the Federal Water Pollution Control Act may benefit from the creation of a linked deposit program that would make loans available at or below market interest rates through private lenders. (Source: P.A. 98-782, eff. 7-23-14.)
(415 ILCS 5/19.2) (from Ch. 111 1/2, par. 1019.2)
Sec. 19.2. 
As used in this Title, unless the context clearly
requires otherwise:
(a) "Agency" means the Illinois Environmental Protection Agency.
(b) "Fund" means the Water Revolving Fund created
pursuant to this Title, consisting of the Water Pollution Control Loan
Program, the Public Water Supply Loan Program,
and the Loan Support Program.
(c) "Loan" means a loan made from the Water Pollution Control
Loan Program or the Public Water Supply Loan Program to an eligible applicant as a result of a
contractual agreement between the Agency and such applicant.
(d) "Construction" means any one or more of the following which is
undertaken for a public purpose:  preliminary planning to determine the
feasibility of the treatment works or public water supply, engineering,
architectural, legal,
fiscal or economic investigations or studies, surveys, designs, plans,
working drawings, specifications, procedures or other necessary actions,
erection, building, acquisition, alteration, remodeling, improvement or
extension of treatment works or public water supplies, or the inspection or
supervision of any of
the foregoing items.  "Construction" also includes implementation of source
water quality protection measures and establishment and implementation of
wellhead protection programs in accordance with Section 1452(k)(1) of the
federal Safe Drinking Water Act.
(e) "Intended use plan" means a plan which includes a description of the
short and long term goals and objectives of the Water Pollution Control Loan
Program and the Public Water Supply Loan Program, project categories,
discharge requirements, terms of financial assistance and the loan applicants
to be served.
(f) "Treatment works" means treatment works, as defined in Section 212 of the Federal Water Pollution Control Act, including, but not limited to, the following: any devices and systems owned by a local
government unit and used in the storage, treatment, recycling, and
reclamation of sewerage or industrial wastes of a liquid nature, including
intercepting sewers, outfall sewers, sewage collection systems, pumping
power and other equipment, and appurtenances; extensions,
improvements, remodeling, additions, and alterations thereof; elements
essential to provide a reliable recycled supply, such as standby treatment
units and clear well facilities; any works, including site acquisition
of the land that will be an integral part of the treatment process for
wastewater facilities; and any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems as those terms are defined in the Federal Water Pollution Control Act.
(g) "Local government unit" means a county, municipality, township,
municipal or county sewerage or utility authority, sanitary district, public
water district, improvement authority or any other political subdivision
whose primary
purpose is to construct, operate and maintain wastewater treatment facilities, including storm water treatment systems,
or public water supply facilities or both.
(h) "Privately owned community water supply" means:
(1) an investor-owned water utility, if under     Illinois Commerce Commission regulation and operating as a separate and distinct water utility;
(2) a not-for-profit water corporation, if operating     specifically as a water utility; and
(3) a mutually owned or cooperatively owned community     water system, if operating as a separate water utility.
(Source: P.A. 98-782, eff. 7-23-14.)
(415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
Sec. 19.3. Water Revolving Fund.
(a) There is hereby created within the State Treasury a Water Revolving
Fund, consisting of 3 interest-bearing special programs to be known as the
Water Pollution Control Loan Program, the Public Water Supply Loan Program, and
the Loan Support Program, which shall be used and administered by the Agency.
(b) The Water Pollution Control Loan Program shall be used and administered
by the Agency to provide assistance for the following purposes:
(1) to accept and retain funds from grant awards,     appropriations, transfers, and payments of interest and principal;
(2) to make direct loans at or below market interest     rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit to finance the construction of treatments works, including storm water treatment systems that are treatment works, and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;
(2.5) with respect to funds provided under the     American Recovery and Reinvestment Act of 2009:
(A)  to make direct loans at or below market         interest rates to any eligible local government unit and to provide additional subsidization to any eligible local government unit, including, but not limited to, forgiveness of principal, negative interest rates, and grants;
(B) to make direct loans at or below market         interest rates to any eligible local government unit to buy or refinance debt obligations for treatment works incurred on or after October 1, 2008; and
(C) to provide additional subsidization,         including, but not limited to, forgiveness of principal, negative interest rates, and grants for treatment works incurred on or after October 1, 2008;
(3) to make direct loans at or below market interest     rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit to buy or refinance debt obligations for costs  incurred after March 7, 1985, for the construction of treatment works, including storm water treatment systems that are treatment works, and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;
(3.5) to make loans, including, but not limited to,     loans through a linked deposit program, at or below market interest rates for the implementation of a management program established under Section 319 of the Federal Water Pollution Control Act, as amended;
(4) to guarantee or purchase insurance for local     obligations where such action would improve credit market access or reduce interest rates;
(5) as a source of revenue or security for the     payment of principal and interest on revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of such bonds will be deposited in the Fund;
(6) to finance the reasonable costs incurred by the     Agency in the administration of the Fund;
(7) to transfer funds to the Public Water Supply Loan     Program; and
(8)   notwithstanding any other provision of this     subsection (b), to provide, in accordance with rules adopted under this Title, any other financial assistance that may be provided under Section 603 of the Federal Water Pollution Control Act for any other projects or activities eligible for assistance under that Section or federal rules adopted to implement that Section.
(c) The Loan Support Program shall be used and administered by the Agency
for the following purposes:
(1) to accept and retain funds from grant awards and     appropriations;
(2) to finance the reasonable costs incurred by the     Agency in the administration of the Fund, including activities under Title III of this Act, including the administration of the State construction grant program;
(3) to transfer funds to the Water Pollution Control     Loan Program and the Public Water Supply Loan Program;
(4) to accept and retain a portion of the loan     repayments;
(5) to finance the development of the low interest     loan programs for water pollution control and public water supply projects;
(6) to finance the reasonable costs incurred by the     Agency to provide technical assistance for public water supplies; and
(7) to finance the reasonable costs incurred by the     Agency for public water system supervision programs, to administer or provide for technical assistance through source water protection programs, to develop and implement a capacity development strategy, to delineate and assess source water protection areas, and for an operator certification program in accordance with Section 1452 of the federal Safe Drinking Water Act.
(d) The Public Water Supply Loan Program shall be used and administered by
the Agency to provide assistance to local government units and privately owned
community water supplies for public water
supplies for the following public purposes:
(1) to accept and retain funds from grant awards,     appropriations, transfers, and payments of interest and principal;
(2) to make direct loans at or below market interest     rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit or to any eligible privately owned community water supply to finance the construction of water supplies and projects that fulfill federal State Revolving Fund grant requirements for a green project reserve;
(2.5) with respect to funds provided under the     American Recovery and Reinvestment Act of 2009:
(A) to make direct loans at or below market         interest rates to any eligible local government unit or to any eligible privately owned community water supply, and to provide additional subsidization to any eligible local government unit or to any eligible privately owned community water supply, including, but not limited to, forgiveness of principal, negative interest rates, and grants;
(B) to buy or refinance the debt obligation of a         local government unit for costs incurred on or after October 1, 2008; and
(C) to provide additional subsidization,         including, but not limited to, forgiveness of principal, negative interest rates, and grants for a local government unit for costs  incurred on or after October 1, 2008;
(3) to make direct loans at or below market interest     rates and to provide additional subsidization, including, but not limited to, forgiveness of principal, negative interest rates, and grants, to any eligible local government unit or to any eligible privately owned community water supply to buy or refinance debt obligations for costs incurred on or after July 17, 1997, for the construction of water supplies and projects that fulfill federal State Revolving Fund requirements for a green project reserve;
(4) to guarantee local obligations where such action     would improve credit market access or reduce interest rates;
(5) as a source of revenue or security for the     payment of principal and interest on revenue or general obligation bonds issued by the State or any political subdivision or instrumentality thereof, if the proceeds of such bonds will be deposited into the Fund;
(6) to transfer funds to the Water Pollution Control     Loan Program; and
(7) notwithstanding any other provision of this     subsection (d), to provide to local government units and privately owned community water supplies any other financial assistance that may be provided under Section 1452 of the federal Safe Drinking Water Act for any expenditures eligible for assistance under that Section or federal rules adopted to implement that Section.
(e) The Agency is designated as the administering agency of the Fund.
The Agency shall submit to the Regional Administrator of the United States
Environmental Protection Agency an intended use plan which outlines the
proposed use of funds available to the State.  The Agency shall take all
actions necessary to secure to the State the benefits of the federal
Water Pollution Control Act and the federal Safe Drinking Water Act, as now
or hereafter amended.
(f) The Agency shall have the power to enter into intergovernmental
agreements with the federal government or the State, or any instrumentality
thereof, for purposes of capitalizing the Water Revolving Fund.
Moneys on deposit in the Water Revolving Fund may be used for the
creation of reserve funds or pledged funds that secure the obligations
of repayment of loans made pursuant to this Section.  For the purpose
of obtaining capital for deposit into the Water Revolving Fund, the
Agency may also enter into agreements with financial institutions and other
persons for the purpose of selling loans and developing a secondary market
for such loans.  The Agency shall have the power to create and establish such
reserve funds and accounts as may be necessary or desirable to accomplish its
purposes under this subsection and to allocate its available moneys into such
funds and accounts.  Investment earnings on moneys held in the Water Revolving
Fund, including any reserve fund or pledged fund, shall be deposited into the
Water Revolving Fund.
(g) Beginning on the effective date of this amendatory Act of the 101st General Assembly, and running for a period of 5 years after that date, the Agency shall prioritize within its annual intended use plan the usage of a portion of the Agency's capitalization grant for federally authorized set-aside activities. The prioritization is for the purpose of supporting disadvantaged communities and utilities throughout Illinois in building their capacity for sustainable and equitable water management. This may include, but is not limited to, assistance for water rate studies, preliminary engineering or other facility planning, training activities, asset management plans, assistance with identification and replacement of lead service lines, and studies of efficiency measures through utility regionalization or other collaborative intergovernmental approaches.
(Source: P.A. 101-143, eff. 1-1-20.)
(415 ILCS 5/19.4) (from Ch. 111 1/2, par. 1019.4)
Sec. 19.4. Regulations; priorities.
(a) The Agency shall have the authority to promulgate
regulations for the administration of this Title, including, but not limited to, rules setting forth procedures and criteria concerning loan
applications and the issuance of loans.  For loans to units of local government, the regulations shall
include, but need not be limited to, the following elements:
(1) loan application requirements;
(2) determination of credit worthiness of the loan     applicant;
(3) special loan terms, as necessary, for securing     the repayment of the loan;
(4) assurance of payment;
(5) interest rates;
(6) loan support rates;
(7) impact on user charges;
(8) eligibility of proposed construction;
(9) priority of needs;
(10) special loan terms for disadvantaged communities;
(11) maximum limits on annual distributions of funds     to applicants or groups of applicants;
(12) penalties for noncompliance with loan     requirements and conditions, including stop-work orders, termination, and recovery of loan funds; and
(13) indemnification of the State of Illinois and the     Agency by the loan recipient.
(b) The Agency shall have the authority to promulgate regulations to set
forth procedures and criteria concerning loan applications for loan recipients
other than units of local government.  In addition to all of the elements
required for units of local government under subsection (a), the regulations
shall include, but need not be limited to, the following elements:
(1) types of security required for the loan;
(2) types of collateral, as necessary, that can be     pledged for the loan; and
(3) staged access to fund privately owned community     water supplies.
(c) Rules adopted under this Title shall also include, but shall not be limited to, criteria for prioritizing the issuance of loans under this Title according to applicant need.
 Priority in making loans from the Public Water Supply Loan Program must first
be given to local government units and privately owned community water supplies
that need to make capital improvements to
protect human health and to achieve compliance with the State and federal
primary drinking water standards adopted pursuant to this Act and the federal
Safe Drinking Water Act, as now and hereafter amended. Rules for prioritizing loans from the Water Pollution Control Loan Program may include, but shall not be limited to, criteria designed to encourage green infrastructure, water efficiency, environmentally innovative projects, and nutrient pollution removal.
(d) The Agency shall have the authority to promulgate regulations to set forth procedures and criteria concerning loan applications for funds provided under the American Recovery and Reinvestment Act of 2009. In addition, due to time constraints in the American Recovery and Reinvestment Act of 2009, the Agency shall adopt emergency rules as necessary to allow the timely administration of funds provided under the American Recovery and Reinvestment Act of 2009. Emergency rules adopted under this subsection (d) shall be adopted in accordance with Section 5-45 of the Illinois Administrative Procedure Act.
(e)   The Agency may adopt rules to create a linked deposit loan program through which loans made pursuant to paragraph (3.5) of subsection (b) of Section 19.3 may be made through private lenders. Rules adopted under this subsection (e) shall include, but shall not be limited to, provisions requiring private lenders, prior to disbursing loan proceeds through the linked deposit loan program, to verify that the loan recipients have been approved by the Agency for financing under paragraph (3.5) of subsection (b) of Section 19.3.
(Source: P.A. 98-782, eff. 7-23-14.)
(415 ILCS 5/19.5) (from Ch. 111 1/2, par. 1019.5)
Sec. 19.5. 
		Loans; repayment.
(a) The Agency shall have the authority to make loans pursuant to the regulations promulgated under Section 19.4.
(b) Loans made from the Fund shall provide for:
(1) a schedule of disbursement of proceeds;
(2) a fixed rate that includes interest and loan     support based upon priority, but the loan support rate shall not exceed one-half of the fixed rate established for each loan;
(3) a schedule of repayment;
(4) initiation of principal repayments within one     year after the project is operational; and
(5) a confession of judgment upon default.
(c) The Agency may amend existing loans to include
a loan support rate only if the overall cost to the loan recipient is not
increased.
(d) A local government unit
shall secure the payment of its
obligations
to the Fund by a dedicated source of repayment, including revenues derived
from the imposition of rates, fees and charges.  Other loan applicants shall
secure the payment of their obligations by appropriate security and collateral
pursuant to regulations promulgated under Section 19.4.
(Source: P.A. 91-36, eff. 6-15-99; 91-52, eff. 6-30-99;
91-501, eff. 8-13-99; 92-16, eff. 6-28-01.)
(415 ILCS 5/19.6) (from Ch. 111 1/2, par. 1019.6)
Sec. 19.6. 
		Delinquent loan repayment.
(a) In the event that a timely payment is not made by a loan recipient according to the loan schedule of
repayment, the loan recipient
shall notify the Agency in writing within 15 days after the payment due date.
The notification shall
include a statement of the reasons the payment was not timely tendered, the
circumstances under which the late payments will be satisfied, and binding
commitments to assure future payments.  After receipt of this
notification, the Agency shall confirm in writing the acceptability of the
plan or take action in accordance with subsection (b) of this Section.
(b) In the event that a loan recipient fails to comply with subsection (a) of this Section, the Agency shall
promptly issue a notice of delinquency to the loan recipient, which shall require a written response within 15
days.  The notice of delinquency shall require that the loan recipient revise its rates, fees and charges to
meet its obligations pursuant to subsection (d) of Section 19.5 or take other
specified actions as may be appropriate to remedy the delinquency and to assure
future payments.
(c) In the event that the loan recipient fails to timely or
adequately respond to a notice of delinquency, or fails to meet its
obligations made pursuant to subsections (a) and (b) of this Section, the
Agency shall pursue the collection of the amounts past due, the outstanding
loan balance and the costs thereby incurred, either pursuant to the
Illinois State Collection Act of 1986 or by any other reasonable means as
may be provided by law, including the taking of title by foreclosure or
otherwise to any project or other property pledged, mortgaged, encumbered, or
otherwise available as security or collateral.
(Source: P.A. 91-36, eff. 6-15-99; 91-52, eff. 6-30-99;
91-501, eff. 8-13-99; 92-16, eff. 6-28-01.)
(415 ILCS 5/19.7) (from Ch. 111 1/2, par. 1019.7)
Sec. 19.7. 
		(Repealed).
(Source: P.A. 90-372, eff. 7-1-98.  Repealed internally, eff. 7-1-98.)
(415 ILCS 5/19.8) (from Ch. 111 1/2, par. 1019.8)
Sec. 19.8. 
		Advisory committees. 
		The Director of the Agency shall appoint
committees to advise the Agency concerning the
financial structure
of the Programs.  The committees shall consist
of representatives
from
appropriate State agencies, the financial community, engineering societies
and other interested parties.  The committees shall meet
periodically and members shall be reimbursed for
their ordinary and necessary expenses
incurred in the performance of their committee duties.
(Source: P.A. 90-121, eff. 7-17-97; 91-36, eff. 6-15-99; 91-52, eff. 6-30-99;
91-501, eff. 8-13-99.)
(415 ILCS 5/19.9) (from Ch. 111 1/2, par. 1019.9)
Sec. 19.9. 
		
		This Title shall be liberally construed so as
to effect its purpose.
(Source: P.A. 91-52, eff. 6-30-99.)
(415 ILCS 5/19.10)
Sec. 19.10. 
		Re-enactment of Title IV-A; findings; purpose; validation.
(a) The General Assembly finds and declares that:
(1) Title IV-A (consisting of Sections 19.1 through     19.9) was first added to the Environmental Protection Act by Article III of Public Act 85-1135, effective September 1, 1988.  In its original form, Title IV-A created the Water Pollution Control Revolving Fund and authorized the Illinois Environmental Protection Agency to establish a program for providing units of local government with low-cost loans to be used to construct wastewater treatment works.  The loans are paid from the Revolving Fund, which consists primarily of a combination of federal grant money, State matching money, and money that has been repaid on past loans.
(2) In 1995, Title IV-A was amended by Public Act     89-27, effective January 1, 1997, which created the Loan Support Program and made other changes.  The Loan Support Program provides financing for certain administrative costs of the Agency.  It specifically includes the costs of developing a loan program for public water supply projects.
(3) Title IV-A was amended by Public Act 90-121,     effective July 17, 1997, which changed the name of the Water Pollution Control Revolving Fund to the Water Revolving Fund and created the Public Water Supply Loan Program.  Under this program, the Agency is authorized to make low-interest loans to units of local government for the construction of public water supply facilities.
(4) Title IV-A has also been amended by Public Act     86-671, effective September 1, 1989; P.A. 86-820, effective September 7, 1989; and P.A. 90-372, effective July 1, 1998.
(5) Article III, Section 6, of Public Act 85-1135     amended the Build Illinois Bond Act.  Among other changes to that Act, P.A. 85-1135 authorized the deposit of up to $70,000,000 into the Water Pollution Control Revolving Fund to be used for the Title IV-A loan program.
(6) Article III of Public Act 85-1135 also added     Section 5.237 to the State Finance Act.  This Section added the Water Pollution Control Revolving Fund to the list of special funds in the State Treasury.  The Section was renumbered as Section 5.238 by a revisory bill, Public Act 85-1440, effective February 1, 1989.  Although the name of the Fund was changed by Public Act 90-121, that Act did not make the corresponding change in Section 5.238.
(7) Over the 10 years that it has administered Title     IV-A programs, the Agency has entered into loan agreements with hundreds of units of local government and provided hundreds of millions of dollars of financial assistance for water pollution control projects.  There are currently many active Title IV-A loans in the disbursement phase and many more that are in the process of being repaid.  The Agency continues to receive many new applications each year.
(8) Public Act 85-1135, which created Title IV-A,     also contained provisions relating to tax reform and State bonds.
(9) On August 26, 1998, the Cook County Circuit Court     entered an order in the case of Oak Park Arms Associates v. Whitley (No. 92 L 51045), in which it found that Public Act 85-1135 violates the single subject clause of the Illinois Constitution (Article IV, Section 8(d)).  As of the time this amendatory Act of 1999 was prepared, the order declaring P.A. 85-1135 invalid has been vacated but the case is subject to appeal.
(10) The projects funded under Title IV-A affect the     vital areas of wastewater and sewage disposal and drinking water supply and are important for the continued health, safety, and welfare of the people of this State.
(b) It is the purpose of this amendatory Act of 1999 (Public Act 91-52)
to prevent or minimize any disruption to the programs administered under Title
IV-A that may result from challenges to the constitutional validity of Public
Act 85-1135.
(c) This amendatory Act of 1999 (P.A. 91-52) re-enacts Title IV-A of
the Environmental Protection Act as it has been amended.  This re-enactment is
intended to ensure the continuation of the programs administered under that
Title and, if necessary, to recreate them.  The material in Sections 19.1
through 19.9 is shown as existing text (i.e., without underscoring) because,
as of the time this amendatory Act of 1999 was prepared, the order declaring
P.A. 85-1135 invalid has been vacated.  Section 19.7 has been omitted because
it was repealed by Public Act 90-372, effective July 1, 1998.
Section 4.1 is added to the Build Illinois Bond Act to re-authorize the
deposit of funds into the Water Pollution Control Revolving Fund.
Section 5.238 of the State Finance Act is both re-enacted and
amended to reflect the current name of the Water Revolving Fund.
(d) The re-enactment of Title IV-A of the Environmental Protection Act
by this amendatory Act of 1999 (P.A. 91-52) is intended to remove any
question as to the validity or content of Title IV-A; it is not intended to
supersede any other Public Act that amends the text of a Section as set forth
in this amendatory Act.  This re-enactment is not intended, and shall not be
construed, to imply that Public Act 85-1135 is invalid or to limit or impair
any legal argument concerning (1) whether the Agency has express or implied
authority to administer loan programs in the absence of Title IV-A, or (2)
whether the provisions of Title IV-A were substantially re-enacted by P.A.
89-27 or 90-121.
(e) All otherwise lawful actions taken before June 30, 1999 (the
effective date of P.A. 91-52) by any
employee, officer, agency, or unit of State or local government or by any
other person or entity, acting in reliance on or pursuant to Title IV-A of
the Environmental Protection Act, as set forth in Public Act 85-1135 or as
subsequently amended, are hereby validated.
(f) All otherwise lawful obligations arising out of loan agreements entered
into before June 30, 1999 (the effective date of P.A. 91-52) by the State or by any employee, officer, agency, or
unit of State or local government, acting in reliance on or pursuant to Title
IV-A of the Environmental Protection Act, as set forth in Public Act 85-1135
or as subsequently amended, are hereby validated and affirmed.
(g) All otherwise lawful deposits into the Water Pollution Control
Revolving Fund made before June 30, 1999 (the effective date of P.A.
91-52) in accordance with Section 4 of the
Build Illinois Bond Act, as set forth in Public Act 85-1135 or as subsequently
amended, and the use of those deposits for the purposes of Title IV-A of the
Environmental Protection Act, are hereby validated.
(h) This amendatory Act of 1999 (P.A. 91-52) applies, without
limitation, to actions pending on or after the effective date of this
amendatory Act.
(Source: P.A. 91-52, eff. 6-30-99; 92-574, eff. 6-26-02.)
(415 ILCS 5/19.11)
Sec. 19.11. Public water supply disruption; notification.
(a) In this Section:
"Disruption event" means any:
(1) change to a disinfection technique, practice, or     technology, including each instance of any change in the concentration of any disinfectant in the water of a public water supply that results in residual concentrations of the disinfectant in the water either exceeding 50% or falling below 20% of the monthly average concentration of disinfectant reported to the Agency in a public water distribution entity's most recent monthly submission of Daily Operating Reports;
(2)   planned or unplanned work on  or damage to a     water main;
(3)    change in a treatment application or source of     water that results in an altered finished water quality;
(4)    event that results in a public water supply's     operating pressure falling below 20 PSI; or
(5)    condition that results in the issuance of a     boil water order.
"Health care facility" means a facility, hospital, or establishment licensed or organized under the Ambulatory Surgical Treatment Center Act, the University of Illinois Hospital Act, the Hospital Licensing Act, the Nursing Home Care Act, the Assisted Living and Shared Housing Act, or the Community Living Facilities Licensing Act.
"Health care facility list" means a list enumerating health care facilities and their designees that are served by a public water supply and maintained by a public water distribution entity.
"Public water distribution entity" means any of the following entities that are responsible for the direct supervision of a public water supply: a municipality, a private corporation, an individual private owner, or a regularly organized body governed by a constitution and by-laws requiring regular election of officers.
"Public water supply" has the same meaning as defined in Section 3.365.
"State agencies" means the Illinois Environmental Protection Agency and the Illinois Department of Public Health.
"Water supply operator" means any individual trained in the treatment
or distribution of water who has practical, working knowledge of the chemical,
biological, and physical sciences essential to the practical mechanics
of water treatment or distribution and who is capable of conducting
and maintaining the water treatment or distribution processes of a public water supply in a
manner that will provide safe, potable water for human consumption.
(b) A public water distribution entity, through its designated employees or contractors, shall notify its water supply operator and all affected health care facilities on the public water supply's health care facility list not less than 14 days before any known, planned, or anticipated disruption event. An anticipated disruption event includes for purposes of this subsection any disruption event that could or should be reasonably anticipated by a public water distribution entity.
(c) A public water distribution entity, through its designated employees or contractors, shall notify its water supply operator and all affected health care facilities that are served by the public water supply and affected by any unplanned disruption event in the public water supply's water distribution system. The notification required under this subsection shall be provided  within 2 hours after the public water distribution entity becomes aware of the unplanned disruption event.
(d) A health care facility shall designate an email address to receive electronic notifications from the public water distribution entity concerning planned or unplanned disruption events. The email account shall be accessible to the health care facility's designated water management plan administrator and other responsible administrative personnel.
(e) Any planned or unplanned disruption event notification sent to a health care facility under this Section shall also be sent to the State agencies via email to the email addresses designated by
the State agencies within 5 business days.  The State agencies shall establish, maintain, and retain a list of notifications received pursuant to this subsection.
The notice required under this Section shall include, but shall not be limited to, the following:
(1) a detailed description of the disruption event;
(2) the date, time, and location of the disruption     event;
(3) the expected time needed to resolve the     disruption event; and
(4)    a list of the health care facilities notified     by the public water distribution entity.
Beginning one year after the effective date of this amendatory Act of the 102nd General Assembly, the State agencies shall make
available upon request a list of disruption events, in an electronic format, sorted by the year and month of each occurrence.
(Source: P.A. 102-960, eff. 5-27-22.)