EFFECTIVE JANUARY 2022
The Illinois Lead Service Line Replacement and Notification Act (Act) (P.A. 102-0613) states the following in its preamble; “The purpose of this Act is to: (1) require the owners and operators of community water supplies to develop, implement, and maintain a comprehensive water service line material inventory and a comprehensive lead service line replacement plan, provide notice to occupants of potentially affected buildings before any construction or repair work on water mains or lead service lines, and request access to potentially affected buildings before replacing lead service lines; and (2) prohibit partial lead service line replacements, except as authorized within this Section.”
This law added/changed provisions to the Lead Law that took effect in 2017. As you recall this law instituted service line (publicly and privately owned) material inventory reporting, water system disturbance notification and monitoring vulnerable schools and childcare facilities. The new Illinois Act relieves the April 15, 2022, service line material inventory reporting requirements; but, requires more sophisticated electronic reporting by April 15, 2023. This new and improved inventory will require water supplies to better identify service line material types from the water main to the shutoff valve inside the customer’s building (or eighteen inches, whichever is shorter) and report: the total number of water services; the material type of each service line; the number of suspected lead service lines; and the number of suspected/known lead service lines that were replaced since the last material inventory was submitted. While the new law (again) does not require unearthing service lines to identify their material type, it does stipulate that water supply officials must evaluate the best available information to determine where lead service lines exist and are suspected to exist.
Additionally, the Act requires the Illinois Department of Public Health (Department) to assist community water supplies by developing a full service line replacement waiver that can be used when customers refuse to replace their portion of a service line. Specifically, under 415 ILCS 17.12(ff)(1)(D) this waiver will ensure community water supplies have an acceptable form that can be provided to property owners for repairs and projects that are currently happening. It is likely that, as this form is utilized, the Department will receive comments from community water supplies and other interest groups. The Department has indicated that it will take into consideration all comments that are received, and will update the waiver as appropriate and issue revised version if necessary. Further, the Department intends to issue the Statewide conditional variance provided for by Section 890.1150 of the Plumbing Code. This variance is necessary to allow for alternative installation measures when compliance with the separation requirements of the Plumbing Code are impracticable.
The Department has also released the following electronic forms that must be used by community water supplies to notify the Department of partial lead service line replacements. These notifications will allow the Department to document where partial lead service line replacements are occurring.
Lead Links and Forms for Water ProvidersLead Inventory On-line
Responsibilities of Water Providers
Consumer Notice of Lead Tap Water Results
Lead Consumer Informational Notice Certification Form
Sample Lead Notice to customer (Editable Word Doc)
Testing in Schools
Senate Bill 550 was signed into law by Governor Rauner on January 16, 2017 and became Public Act 099-0922 (Act) (http://www.ilga.gov/legislation/publicacts/99/099-0922.htm).
This Act requires that the "chief school administrator" of every school building where 10 or more students, Pre-K through grade 5, may be occupying shall test for lead at each "source of potable water" and report the results. The Illinois Department of Public Health (IDPH) is mandated to administer these requirements and to provide guidance on risk management and mitigation of lead in water, and education about lead poisoning. In addition, P.A. 099-0922 requires community water supplies to compile a lead materials inventory and notify potentially affected customers of distribution system work that may elevate contaminates in the system.
The Act specifically spells out the responsibilities of each party. A brief description of those responsibilities can be found by following the links below.