HB 3739 — EPA-WATER SUPPLIES

*LRB10410714BDA20793b* HB3739 104THEngrossed GENERALLRB104 ASSEMBLY10714 StateBDA of20793 Illinoisb andAN 2026ACT HB3739concerning Introducedsafety. 2/18/2025, by Rep.

Nabeela Syed SYNOPSIS AS INTRODUCED:

ILCS 5/7.7 new 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 IllinoisbyGroundwatermeProtectionic Act.thAuthorizest the.

imposition of administrative and civil penalties.

Effective immediately.

LRB104 10714 BDA 20793 b A BILL FOR HB3739 LRB104 10714 BDA 20793 b AN ACT concerning safety.

The Environmental Protection Act is amended by addingchanging Section 7.73.145 as follows:

(415 ILCS 5/7.75/3.145) new)(was 415 ILCS 5/3.05) Sec.

7.7.3.145.

ApplicabilityCommunity of Act to non-community water supplies.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.

(2) the Board's adoption of rules under subsection (c) of Section 5 of this Act, and amendments to those rules, that expressly pertain to non-community water supplies or all public water supplies;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 HB3739 Engrossed - 2 - LRB104 10714 BDA 20793 b to, non-community water supplies under the Illinois Groundwater Protection Act andor rules adopted under the Illinois Groundwater Protection Act by the Department of Public HealthHealth. under that Act.

Section(Source: 10.

P.A.

92-574, eff.

6-26-02.) Section 10.

HB3739 - 2 - LRB104 10714 BDA 20793 b (415 ILCS 55/9) (from Ch.

(4.5) "Non-transient, non-community water system" HB3739 Engrossed - 3 - LRB104 10714 BDA 20793 b means a non-community water system that regularly serves the same 25 or more persons at least 6 months per year.

(6) "Public water system" means a system for the provision to the public of water for human consumption HB3739 - 3 - LRB104 10714 BDA 20793 b 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.

HB3739 Engrossed - 4 - LRB104 10714 BDA 20793 b (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 HB3739 - 4 - LRB104 10714 BDA 20793 b capacity consistent with 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 HB3739 Engrossed - 5 - LRB104 10714 BDA 20793 b accordance with the requirements of Sections 16 and 19 of the Illinois Oil and Gas Act, and such rules as are promulgated thereunder.

(f) The Department shall inspect all non-community water systems for the purpose of determining compliance with the HB3739 - 5 - LRB104 10714 BDA 20793 b provisions of this Section and the regulations promulgated hereunder.

(j) The supplier of water for a private, semi-private, or non-community water system shall allow the Department and its HB3739 Engrossed - 6 - LRB104 10714 BDA 20793 b authorized agents access to such premises at all reasonable times for the purpose of inspection.

(m) Whenever a non-community or semi-private water system HB3739 - 6 - LRB104 10714 BDA 20793 b 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.

and except that Section 5-35 of the Illinois Administrative Procedure Act relating to procedures for rulemaking shall not HB3739 Engrossed - 7 - LRB104 10714 BDA 20793 b 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.

The term "administrative decision" is defined as in Section 3-101 of HB3739 - 7 - LRB104 10714 BDA 20793 b the Code of Civil Procedure.

On the basis of any such hearing, or upon default of the applicant, the Director shall HB3739 Engrossed - 8 - LRB104 10714 BDA 20793 b make a determination specifying his or her findings and conclusions.

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 HB3739 - 8 - LRB104 10714 BDA 20793 b motions filed in the proceedings, and the report and orders of the Director and Hearing Officer.

When the witness is subpoenaed at the instance of the Director or Hearing Officer, such fees shall be paid in the HB3739 Engrossed - 9 - LRB104 10714 BDA 20793 b 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.

A subpoena or subpoena duces tecum so issued HB3739 - 9 - LRB104 10714 BDA 20793 b shall be served in the same manner as a subpoena issued by a circuit court.