The Illinois General Assembly recently enacted and sent to Governor Quinn Senate Bill 3070, which amends the Illinois Environmental Protection Act to prevent carcinogenic volatile organic compounds from exceeding their maximum contaminant levels in the finished water of community water systems by requiring owners and operators of community water systems to take appropriate action when carcinogenic volatile organic compounds are detected in finished water.
If a carcinogenic volatile organic compound is detected in the finished water of a community water system at a certain level (equal to or more than 50% of the maximum contaminant level), and the Illinois Environmental Protection Agency issues a notice based on the presence of the carcinogenic volatile organic compound, then the owner or operator of that system must submit a response plan that meets certain requirements to the Illinois EPA. The response plan must be designed to (i) prevent an exceedence of the maximum contaminant level in the finished water and (ii) reduce the concentration of the carcinogenic volatile organic compound so that it does not exceed the applicable method detection limit in the finished water. The response plan must also include periodic sampling designed to measure and verify the effectiveness of the response plan.
When approving, modifying, or denying a plan, the Illinois EPA must take into account the technical feasibility and economic reasonableness of the plan and any modification to the plan. The bill makes it a violation of the Environmental Protection Act for a person who is required to do so to fail (i) to submit a response plan, (ii) to implement a response plan, or (iii) to submit certain reports.
Stay tuned to the Illinois Environmental Law Blog for more news and developments.
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