97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4878

 

Introduced 2/3/2012, by Rep. Tom Cross - David Reis

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/13  from Ch. 111 1/2, par. 1013

    Amends the Environmental Protection Act. Makes a technical change in a provision concerning regulations.


LRB097 19378 JDS 64631 b

 

 

A BILL FOR

 

HB4878LRB097 19378 JDS 64631 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 13 as follows:
 
6    (415 ILCS 5/13)  (from Ch. 111 1/2, par. 1013)
7    Sec. 13. Regulations.
8    (a) The The Board, pursuant to procedures prescribed in
9Title VII of this Act, may adopt regulations to promote the
10purposes and provisions of this Title. Without limiting the
11generality of this authority, such regulations may among other
12things prescribe:
13        (1) Water quality standards specifying among other
14    things, the maximum short-term and long-term
15    concentrations of various contaminants in the waters, the
16    minimum permissible concentrations of dissolved oxygen and
17    other desirable matter in the waters, and the temperature
18    of such waters;
19        (2) Effluent standards specifying the maximum amounts
20    or concentrations, and the physical, chemical, thermal,
21    biological and radioactive nature of contaminants that may
22    be discharged into the waters of the State, as defined
23    herein, including, but not limited to, waters to any sewage

 

 

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1    works, or into any well, or from any source within the
2    State;
3        (3) Standards for the issuance of permits for
4    construction, installation, or operation of any equipment,
5    facility, vessel, or aircraft capable of causing or
6    contributing to water pollution or designed to prevent
7    water pollution or for the construction or installation of
8    any sewer or sewage treatment facility or any new outlet
9    for contaminants into the waters of this State;
10        (4) The circumstances under which the operators of
11    sewage works are required to obtain and maintain
12    certification by the Agency under Section 13.5 and the
13    types of sewage works to which those requirements apply,
14    which may, without limitation, include wastewater
15    treatment works, pretreatment works, and sewers and
16    collection systems;
17        (5) Standards for the filling or sealing of abandoned
18    water wells and holes, and holes for disposal of drainage
19    in order to protect ground water against contamination;
20        (6) Standards and conditions regarding the sale,
21    offer, or use of any pesticide, detergent, or any other
22    article determined by the Board to constitute a water
23    pollution hazard, provided that any such regulations
24    relating to pesticides shall be adopted only in accordance
25    with the "Illinois Pesticide Act", approved August 14, 1979
26    as amended;

 

 

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1        (7) Alert and abatement standards relative to
2    water-pollution episodes or emergencies which constitute
3    an acute danger to health or to the environment;
4        (8) Requirements and procedures for the inspection of
5    any equipment, facility, or vessel that may cause or
6    contribute to water pollution;
7        (9) Requirements and standards for equipment and
8    procedures for monitoring contaminant discharges at their
9    sources, the collection of samples and the collection,
10    reporting and retention of data resulting from such
11    monitoring.
12    (b) Notwithstanding other provisions of this Act and for
13purposes of implementing an NPDES program, the Board shall
14adopt:
15        (1) Requirements, standards, and procedures which,
16    together with other regulations adopted pursuant to this
17    Section 13, are necessary or appropriate to enable the
18    State of Illinois to implement and participate in the
19    National Pollutant Discharge Elimination System (NPDES)
20    pursuant to and under the Federal Water Pollution Control
21    Act, as now or hereafter amended. All regulations adopted
22    by the Board governing the NPDES program shall be
23    consistent with the applicable provisions of such federal
24    Act and regulations pursuant thereto, and otherwise shall
25    be consistent with all other provisions of this Act, and
26    shall exclude from the requirement to obtain any operating

 

 

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1    permit otherwise required under this Title a facility for
2    which an NPDES permit has been issued under Section 39(b);
3    provided, however, that for purposes of this paragraph, a
4    UIC permit, as required under Section 12(g) and 39(d) of
5    this Act, is not an operating permit.
6        (2) Regulations for the exemption of any category or
7    categories of persons or contaminant sources from the
8    requirement to obtain any NPDES permit prescribed or from
9    any standards or conditions governing such permit when the
10    environment will be adequately protected without the
11    requirement of such permit, and such exemption is either
12    consistent with the Federal Water Pollution Control Act, as
13    now or hereafter amended, or regulations pursuant thereto,
14    or is necessary to avoid an arbitrary or unreasonable
15    hardship to such category or categories of persons or
16    sources.
17    (c) In accordance with Section 7.2, and notwithstanding any
18other provisions of this Act, for purposes of implementing a
19State UIC program, the Board shall adopt regulations which are
20identical in substance to federal regulations or amendments
21thereto promulgated by the Administrator of the United States
22Environmental Protection Agency in accordance with Section
231421 of the Safe Drinking Water Act (P.L. 93-523), as amended.
24The Board may consolidate into a single rulemaking under this
25Section all such federal regulations adopted within a period of
26time not to exceed 6 months. The provisions and requirements of

 

 

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1Title VII of this Act shall not apply to regulations adopted
2under this subsection. Section 5-35 of the Illinois
3Administrative Procedure Act relating to procedures for
4rulemaking shall not apply to regulations adopted under this
5subsection.
6    (d) The Board may adopt regulations relating to a State UIC
7program that are not inconsistent with and are at least as
8stringent as the Safe Drinking Water Act (P.L. 93-523), as
9amended, or regulations adopted thereunder. Regulations
10adopted pursuant to this subsection shall be adopted in
11accordance with the provisions and requirements of Title VII of
12this Act and the procedures for rulemaking in Section 5-35 of
13the Illinois Administrative Procedure Act.
14(Source: P.A. 93-170, eff. 7-10-03.)