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

(415 ILCS 5/Tit. IV-A heading)

(415 ILCS 5/19.1) (from Ch. 111 1/2, par. 1019.1)
Sec. 19.1. Legislative findings. The General Assembly finds:

(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:
(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:
(c) The Loan Support Program shall be used and administered by the Agency
for the following purposes:
(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:
(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:
(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:
(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:
(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:
(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:
"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:
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.)