(415 ILCS 5/12.2) (from Ch. 111 1/2, par. 1012.2)
Sec. 12.2.
Water pollution construction permit fees.
(a) Beginning July 1, 2003, the Agency shall
collect a fee in the amount set forth in this Section:
(1) for any sewer which requires a construction |
| permit under paragraph (b) of Section 12, from each applicant for a sewer construction permit under paragraph (b) of Section 12 or regulations adopted hereunder; and
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(2) for any treatment works, industrial pretreatment
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| works, or industrial wastewater source that requires a construction permit under paragraph (b) of Section 12, from the applicant for the construction permit. However, no fee shall be required for a treatment works or wastewater source directly covered and authorized under an NPDES permit issued by the Agency, nor for any treatment works, industrial pretreatment works, or industrial wastewater source (i) that is under or pending construction authorized by a valid construction permit issued by the Agency prior to July 1, 2003, during the term of that construction permit, or (ii) for which a completed construction permit application has been received by the Agency prior to July 1, 2003, with respect to the permit issued under that application.
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(b) Each applicant or person required to pay a fee under this Section
shall submit the fee to the Agency along with the permit application. The
Agency shall deny any construction permit application for which a fee is
required under this Section that does not contain the appropriate fee.
(c) The amount of the fee is as follows:
(1) A $100 fee shall be required for any sewer
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| constructed with a design population of 1.
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(2) A $400 fee shall be required for any sewer
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| constructed with a design population of 2 to 20.
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(3) A $800 fee shall be required for any sewer
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| constructed with a design population greater than 20 but less than 101.
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(4) A $1200 fee shall be required for any sewer
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| constructed with a design population greater than 100 but less than 500.
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(5) A $2400 fee shall be required for any sewer
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| constructed with a design population of 500 or more.
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(6) A $1,000 fee shall be required for any industrial
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| wastewater source that does not require pretreatment of the wastewater prior to discharge to the publicly owned treatment works or publicly regulated treatment works.
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(7) A $3,000 fee shall be required for any industrial
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| wastewater source that requires pretreatment of the wastewater for non-toxic pollutants prior to discharge to the publicly owned treatment works or publicly regulated treatment works.
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(8) A $6,000 fee shall be required for any industrial
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| wastewater source that requires pretreatment of the wastewater for toxic pollutants prior to discharge to the publicly owned treatment works or publicly regulated treatment works.
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(9) A $2,500 fee shall be required for construction
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| relating to land application of industrial sludge or spray irrigation of industrial wastewater.
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All fees collected by the Agency under this Section shall be deposited into
the Environmental Protection Permit and Inspection Fund in accordance with
Section 22.8.
(d) Prior to a final Agency decision on a permit application for which
a fee has been paid under this Section, the applicant may propose
modification to the application in accordance with this Act and regulations
adopted hereunder without any additional fee becoming due, unless the
proposed modifications cause an increase in the design population served by
the sewer specified in the permit application before the modifications
or the modifications cause a change in the applicable fee category stated
in subsection (c). If the modifications cause such an increase or change
the fee category and the increase results in additional fees being due under
subsection (c), the applicant shall submit the additional fee to the Agency
with the proposed modifications.
(e) No fee shall be due under this Section from:
(1) any department, agency or unit of State
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| government for installing or extending a sewer;
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(2) any unit of local government with which the
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| Agency has entered into a written delegation agreement under Section 4 which allows such unit to issue construction permits under this Title, or regulations adopted hereunder, for installing or extending a sewer; or
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(3) any unit of local government or school district
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| for installing or extending a sewer where both of the following conditions are met:
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(i) the cost of the installation or extension is
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| paid wholly from monies of the unit of local government or school district, State grants or loans, federal grants or loans, or any combination thereof; and
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(ii) the unit of local government or school
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| district is not given monies, reimbursed or paid, either in whole or in part, by another person (except for State grants or loans or federal grants or loans) for the installation or extension.
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(f) The Agency may establish procedures relating to the collection of
fees under this Section. The Agency shall not refund any fee paid to it
under this Section. Notwithstanding the provisions of any rule adopted
before July 1, 2003 concerning fees under this Section, the Agency
shall assess and collect the fees imposed under subdivision (a)(2) of this
Section and the increases in the fees imposed under subdivision (a)(1) of
this Section beginning on July 1, 2003, for all completed applications
received on or after that date.
(g) Notwithstanding any other provision of this Act, the Agency shall,
not later than 45 days following the receipt of both an application for a
construction permit and the fee required by this Section, either approve
that application and issue a permit or tender to the applicant a written
statement setting forth with specificity the reasons for the disapproval of
the application and denial of a permit. If the Agency takes no final action
within 45 days after the filing of the application for a permit, the applicant
may deem the permit issued.
(h) For purposes of this Section:
"Toxic pollutants" means those pollutants defined in Section 502(13) of
the federal Clean Water Act and regulations adopted pursuant to that Act.
"Industrial" refers to those industrial users referenced in Section 502(13)
of the federal Clean Water Act and regulations adopted pursuant to that Act.
"Pretreatment" means the reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant
properties in wastewater prior to or in lieu of discharging or otherwise
introducing those pollutants into a publicly owned treatment works or publicly
regulated treatment works.
(Source: P.A. 93-32, eff. 7-1-03.)
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(415 ILCS 5/12.5)
Sec. 12.5. NPDES discharge fees; sludge permit fees.
(a) Beginning July 1, 2003, the Agency shall assess and collect annual fees
(i) in the amounts set forth in subsection (e) for all discharges that require
an NPDES permit under subsection (f) of Section 12, from each person holding an
NPDES permit authorizing those discharges (including a person who continues to
discharge under an expired permit pending renewal), and (ii) in the amounts
set forth in subsection (f) of this Section for all activities that require a
permit under subsection (b) of Section 12, from each person holding a domestic
sewage sludge generator or user permit.
Each person subject to this Section must remit the applicable annual fee to
the Agency in accordance with the requirements set forth in this Section and
any rules adopted pursuant to this Section.
(b) Within 30 days after the effective date of this Section, and each year thereafter, except when a fee is not due because of the operation of subsection (c), the Agency shall send a fee notice by mail
to each existing permittee subject to a fee under this Section at his or her
address of record. The notice shall state the amount of the applicable annual
fee and the date by which payment is required.
Except as provided in subsection (c) with respect to initial fees under
new permits and certain modifications of existing permits, fees payable under
this Section are due by the date
specified in the fee notice, which shall be no less than 30 days after the date
the fee notice is mailed by the Agency.
(c) The initial annual fee for discharges under a new NPDES
permit or for activity under a new
sludge generator or sludge user
permit must be remitted to the Agency prior to the issuance of the permit.
The Agency shall provide notice of the amount of the fee to the applicant
during its review of the application. In the case of a new
NPDES
or sludge permit issued during the months of January through June, the Agency
may prorate the initial annual fee payable under this Section.
The initial annual fee for discharges or other activity under a general
NPDES permit must be remitted to the Agency as part of the application
for coverage under that general permit.
Beginning January 1, 2010, in the case of construction site storm water discharges for which a coverage letter under a general NPDES permit or individual NPDES permit has been issued or for which the application for coverage under an NPDES permit has been filed with the Agency, no annual fee shall be due after payment of an initial annual fee in the amount provided in subsection (e)(10) of this Section.
If a requested modification to an existing NPDES permit causes a change in
the applicable fee categories under subsection (e) that results in an increase
in the required fee, the permittee must pay to the Agency the amount of the
increase, prorated for the number of months remaining before the next July 1,
before the modification is granted.
(d) Failure to submit the fee required under this Section by the due
date constitutes a violation of this Section. Late payments shall incur an
interest penalty, calculated at the rate in effect from time to time for tax
delinquencies under subsection (a) of Section 1003 of the Illinois Income Tax
Act, from the date the fee is due until the date the fee payment is received
by the Agency.
(e) The annual fees applicable to discharges under NPDES permits are as
follows:
(1) For NPDES permits for publicly owned treatment |
| works, other facilities for which the wastewater being treated and discharged is primarily domestic sewage, and wastewater discharges from the operation of public water supply treatment facilities, the fee is:
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(i) $1,500 for the 12 months beginning July 1,
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| 2003 and $500 for each subsequent year, for facilities with a Design Average Flow rate of less than 100,000 gallons per day;
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(ii) $5,000 for the 12 months beginning July 1,
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| 2003 and $2,500 for each subsequent year, for facilities with a Design Average Flow rate of at least 100,000 gallons per day but less than 500,000 gallons per day;
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(iii) $7,500 for facilities with a Design Average
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| Flow rate of at least 500,000 gallons per day but less than 1,000,000 gallons per day;
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(iv) $15,000 for facilities with a Design Average
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| Flow rate of at least 1,000,000 gallons per day but less than 5,000,000 gallons per day;
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(v) $30,000 for facilities with a Design Average
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| Flow rate of at least 5,000,000 gallons per day but less than 10,000,000 gallons per day; and
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(vi) $50,000 for facilities with a Design Average
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| Flow rate of 10,000,000 gallons per day or more.
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(2) For NPDES permits for treatment works or sewer
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| collection systems that include combined sewer overflow outfalls, the fee is:
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(i) $1,000 for systems serving a tributary
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| population of 10,000 or less;
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(ii) $5,000 for systems serving a tributary
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| population that is greater than 10,000 but not more than 25,000; and
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(iii) $20,000 for systems serving a tributary
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| population that is greater than 25,000.
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The fee amounts in this subdivision (e)(2) are in
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| addition to the fees stated in subdivision (e)(1) when the combined sewer overflow outfall is contained within a permit subject to subsection (e)(1) fees.
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(3) For NPDES permits for mines producing coal, the
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(4) For NPDES permits for mines other than mines
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| producing coal, the fee is $5,000.
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(5) For NPDES permits for industrial activity where
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| toxic substances are not regulated, other than permits covered under subdivision (e)(3) or (e)(4), the fee is:
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(i) $1,000 for a facility with a Design Average
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| Flow rate that is not more than 10,000 gallons per day;
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(ii) $2,500 for a facility with a Design Average
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| Flow rate that is more than 10,000 gallons per day but not more than 100,000 gallons per day; and
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(iii) $10,000 for a facility with a Design
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| Average Flow rate that is more than 100,000 gallons per day.
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(6) For NPDES permits for industrial activity where
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| toxic substances are regulated, other than permits covered under subdivision (e)(3) or (e)(4), the fee is:
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(i) $15,000 for a facility with a Design Average
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| Flow rate that is not more than 250,000 gallons per day; and
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(ii) $20,000 for a facility with a Design Average
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| Flow rate that is more than 250,000 gallons per day.
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(7) For NPDES permits for industrial activity
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| classified by USEPA as a major discharge, other than permits covered under subdivision (e)(3) or (e)(4), the fee is:
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(i) $30,000 for a facility where toxic substances
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(ii) $50,000 for a facility where toxic
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| substances are regulated.
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(8) For NPDES permits for municipal separate storm
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| sewer systems, the fee is $1,000.
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(9) For NPDES permits for industrial storm water, the
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(10) For NPDES permits for construction site storm
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(A) for applications received before January 1,
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(B) for applications received on or after January
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(i) $250 if less than 5 acres are disturbed;
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(ii) $750 if 5 or more acres are disturbed.
(11) For an NPDES permit for a Concentrated Animal
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| Feeding Operation (CAFO), the fee is:
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(A) $750 for a Large CAFO, as defined in 40
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(B) $350 for a Medium CAFO, as defined in 40
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(C) $150 for a Small CAFO, as defined in 40
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(f) The annual fee for activities under a permit that authorizes applying
sludge on land is $2,500 for a sludge generator permit and $5,000 for a sludge
user permit.
(g) More than one of the annual fees specified in subsections (e) and (f)
may be applicable to a permit holder. These fees are in addition to any other
fees required under this Act.
(h) The fees imposed under this Section do not apply to the State or any
department or agency of the State, nor to any school district, or to any private sewage disposal system as defined in the Private Sewage Disposal Licensing Act (225 ILCS 225/).
(i) The Agency may adopt rules to administer the fee program established
in this Section. The Agency may include provisions pertaining to invoices,
notice of late payment, refunds, and disputes concerning the amount or timeliness of
payment. The Agency may set forth procedures and criteria for the acceptance
of payments. The absence of such rules does not affect the duty of the Agency
to immediately begin the assessment and collection of fees under this Section.
(j) All fees and interest penalties collected by the Agency under this
Section shall be deposited into the Illinois Clean Water Fund, which is
hereby created as a special fund in the State treasury. Gifts,
supplemental environmental project funds, and grants may be deposited into
the Fund. Investment earnings on moneys held in the Fund shall be credited
to the Fund.
Subject to appropriation, the moneys in the Fund shall be used by the
Agency to carry out the Agency's clean water activities.
(k) Except as provided in subsection (l) or Agency rules, fees paid to the Agency under this Section are not refundable.
(l) The Agency may refund the difference between (a) the amount paid by any person under subsection (e)(1)(i) or (e)(1)(ii) of this Section for the 12 months beginning July 1, 2004 and (b) the amount due under subsection (e)(1)(i) or (e)(1)(ii) as established by this amendatory Act of the 93rd General Assembly.
(Source: P.A. 96-245, eff. 8-11-09; 97-962, eff. 8-15-12.)
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(415 ILCS 5/13) (from Ch. 111 1/2, par. 1013)
Sec. 13.
Regulations.
(a) The Board, pursuant to procedures prescribed in Title VII of
this Act, may adopt regulations to promote the purposes and provisions
of this Title. Without limiting the generality of this authority, such
regulations may among other things prescribe:
(1) Water quality standards specifying among other |
| things, the maximum short-term and long-term concentrations of various contaminants in the waters, the minimum permissible concentrations of dissolved oxygen and other desirable matter in the waters, and the temperature of such waters;
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(2) Effluent standards specifying the maximum amounts
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| or concentrations, and the physical, chemical, thermal, biological and radioactive nature of contaminants that may be discharged into the waters of the State, as defined herein, including, but not limited to, waters to any sewage works, or into any well, or from any source within the State;
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(3) Standards for the issuance of permits for
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| construction, installation, or operation of any equipment, facility, vessel, or aircraft capable of causing or contributing to water pollution or designed to prevent water pollution or for the construction or installation of any sewer or sewage treatment facility or any new outlet for contaminants into the waters of this State;
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(4) The circumstances under which the operators of
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| sewage works are required to obtain and maintain certification by the Agency under Section 13.5 and the types of sewage works to which those requirements apply, which may, without limitation, include wastewater treatment works, pretreatment works, and sewers and collection systems;
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(5) Standards for the filling or sealing of abandoned
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| water wells and holes, and holes for disposal of drainage in order to protect ground water against contamination;
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(6) Standards and conditions regarding the sale,
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| offer, or use of any pesticide, detergent, or any other article determined by the Board to constitute a water pollution hazard, provided that any such regulations relating to pesticides shall be adopted only in accordance with the "Illinois Pesticide Act", approved August 14, 1979 as amended;
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(7) Alert and abatement standards relative to
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| water-pollution episodes or emergencies which constitute an acute danger to health or to the environment;
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(8) Requirements and procedures for the inspection of
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| any equipment, facility, or vessel that may cause or contribute to water pollution;
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(9) Requirements and standards for equipment and
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| procedures for monitoring contaminant discharges at their sources, the collection of samples and the collection, reporting and retention of data resulting from such monitoring.
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(b) Notwithstanding other provisions of this Act and for purposes of
implementing an NPDES program, the Board shall adopt:
(1) Requirements, standards, and procedures which,
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| together with other regulations adopted pursuant to this Section 13, are necessary or appropriate to enable the State of Illinois to implement and participate in the National Pollutant Discharge Elimination System (NPDES) pursuant to and under the Federal Water Pollution Control Act, as now or hereafter amended. All regulations adopted by the Board governing the NPDES program shall be consistent with the applicable provisions of such federal Act and regulations pursuant thereto, and otherwise shall be consistent with all other provisions of this Act, and shall exclude from the requirement to obtain any operating permit otherwise required under this Title a facility for which an NPDES permit has been issued under Section 39(b); provided, however, that for purposes of this paragraph, a UIC permit, as required under Section 12(g) and 39(d) of this Act, is not an operating permit.
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(2) Regulations for the exemption of any category or
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| categories of persons or contaminant sources from the requirement to obtain any NPDES permit prescribed or from any standards or conditions governing such permit when the environment will be adequately protected without the requirement of such permit, and such exemption is either consistent with the Federal Water Pollution Control Act, as now or hereafter amended, or regulations pursuant thereto, or is necessary to avoid an arbitrary or unreasonable hardship to such category or categories of persons or sources.
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(c) In accordance with Section 7.2, and notwithstanding any other provisions
of this Act, for purposes of implementing a State UIC program, the Board shall
adopt regulations which are identical in substance to federal regulations or
amendments thereto promulgated by the Administrator of the United States
Environmental Protection Agency in accordance with Section 1421 of the Safe
Drinking Water Act (P.L. 93-523), as amended. The Board may consolidate
into a single rulemaking under this Section all such federal regulations
adopted within a period of time not to exceed 6 months. The provisions and
requirements of Title VII of this Act shall not apply to regulations
adopted under this subsection. Section 5-35 of the Illinois
Administrative Procedure Act relating to procedures for rulemaking shall not
apply to regulations adopted under this subsection.
(d) The Board may adopt regulations relating to a State UIC program that
are not inconsistent with and are at least as stringent as the Safe Drinking
Water Act (P.L. 93-523), as amended, or regulations adopted thereunder.
Regulations adopted pursuant to this subsection shall be adopted in
accordance with the provisions and requirements of Title VII of this Act
and the procedures for rulemaking in Section 5-35 of the Illinois
Administrative Procedure Act.
(Source: P.A. 93-170, eff. 7-10-03.)
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(415 ILCS 5/13.4)
Sec. 13.4.
Pretreatment market system.
(a) The General Assembly finds:
(1) That achieving compliance with federal, State, |
| and local pretreatment regulatory requirements calls for innovative and cost-effective implementation strategies.
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(2) That economic incentives and market-based
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| approaches can be used to achieve pretreatment compliance in an innovative and cost-effective manner.
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(3) That development and operation of a pretreatment
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| market system should significantly lessen the economic impacts associated with implementation of the pretreatment requirements and still achieve the desired water quality, sludge quality, and protection of the sewers and treatment system.
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(b) The Agency shall design a pretreatment market system that will provide
more flexibility for municipalities and their tributary dischargers to develop
cost-effective solutions and will result in at least the total pollutant
reduction as achieved by the current application of federal categorical
standards, State pretreatment limits, and locally derived limits, as
applicable. Such a
system should also assist publicly-owned treatment works in meeting applicable
NPDES permit limits and in preventing the discharge of
pollutants in quantities that would interfere with the operation of
the municipal sewer system. In developing this system, the Agency shall
consult with interested publicly-owned treatment works and tributary
dischargers
to
ensure that relevant economic, environmental, and administrative factors are
taken into account. As necessary, the Agency shall also consult with the
United States Environmental Protection Agency regarding the suitability of such
a system.
(c) The Agency may adopt proposed rules for a market-based
pretreatment pollutant reduction, banking, and trading system that will
enable publicly-owned treatment works and their tributary dischargers to
implement cost-effective
compliance options. Any proposal shall be adopted in accordance with the
provisions of the Illinois Administrative Procedure Act.
(d) Notwithstanding the other provisions of this Act, a publicly-owned
treatment works may implement a pretreatment market system that is consistent
with subsection (b) of this Section, provided that the publicly-owned treatment
works:
(1) operates an approved local pretreatment program
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| pursuant to State and federal NPDES regulations;
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(2) is not currently subject to enforcement action
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| for violation of NPDES requirements;
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(3) receives wastewater from tributary dischargers
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| that are subject to federal categorical pretreatment standards or approved local pretreatment limits; and
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(4) has modified, as appropriate, the local
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| pretreatment program to incorporate such market system.
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(e) Prior to implementation of any pretreatment market system, a
publicly-owned treatment works shall notify the Agency in writing of its
intention and request the Agency to make a consistency determination regarding
the local system's conformance with the rules promulgated pursuant to
subsection (c) of this Section. Within 120 days, the Agency shall provide the
determination
in writing to the publicly-owned treatment works.
(f) Notwithstanding the other provisions of this Act, any discharger
that is tributary to a publicly-owned treatment works with a pretreatment
market system shall be eligible to exchange trading units with dischargers
tributary to the same publicly-owned treatment works or with the
publicly-owned treatment works to which it is tributary.
(g) Nothing in this Section shall be deemed to authorize a
publicly-owned treatment works:
(1) to mandate the exchange of trading units by a
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| tributary discharger in a pretreatment market system implemented pursuant to this Section; or
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(2) to mandate reductions in pollutants from any
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| tributary discharger beyond that otherwise required by federal categorical and State pretreatment standards or approved local pretreatment limits.
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(Source: P.A. 90-773, eff. 8-14-98.)
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(415 ILCS 5/14.2) (from Ch. 111 1/2, par. 1014.2)
Sec. 14.2.
New potential source or route; minimum setback zone.
A minimum setback zone is established for the location of
each new potential source or new potential route as follows:
(a) Except as provided in subsections (b), (c) and (h) of this Section, no
new potential route or potential primary source or potential secondary
source may be placed within 200 feet of any existing or permitted community
water supply well or other potable water supply well.
(b) The owner of a new potential primary source or a potential secondary
source or a potential route may secure a waiver from the requirement of
subsection (a) of this Section for a potable water supply well other than a
community water supply well. A written request for a waiver shall be made
to the owner of the water well and the Agency. Such request shall identify
the new or proposed potential source or potential route, shall generally
describe the possible effect of such potential source or potential route
upon the water well and any applicable technology-based controls which will
be utilized to minimize the potential for contamination, and shall state
whether, and under what conditions, the requestor will provide an
alternative potable water supply. Waiver may be granted by the owner of
the water well no less than 90 days after receipt of the request unless
prior to such time the Agency notifies the well owner that it does not
concur with the request.
The Agency shall not concur with any such request which fails to accurately
describe reasonably foreseeable effects of the potential source or potential
route upon the water well or any applicable technology-based controls. Such
notification by the Agency shall be in writing, and shall include a statement
of reasons for the nonconcurrence. Waiver of the minimum
setback zone established under subsection (a) of this Section shall
extinguish the water well owner's rights under Section 6b of the Illinois
Water Well Construction Code but shall not preclude enforcement of any law
regarding water pollution. If the owner of the water well has not granted a
waiver within 120 days after receipt of the request or the Agency has
notified the owner that it does not concur with the request, the owner of
a potential source or potential route may file a petition for an exception
with the Board and the Agency pursuant to subsection (c) of this Section.
No waiver under this Section is required where the potable water supply
well is part of a private water system as defined in the Illinois
Groundwater Protection Act, and the owner of such well will also be the
owner of a new potential secondary source or a
potential route. In such instances, a prohibition of 75 feet shall apply
and the owner shall notify the Agency of the intended action so that the
Agency may provide information regarding the potential hazards associated
with location of a potential secondary source or potential route in close
proximity to a potable water supply well.
(c) The Board may grant an exception from the setback requirements of
this Section and subsection (e) of Section 14.3 to the owner of a new
potential route, a new potential primary source other than landfilling or land
treating, or a new potential secondary source. The owner seeking an exception
with respect to a community water supply well shall file a petition with the
Board and the Agency. The owner seeking an exception with respect to a potable
water supply well other than a community water supply well shall file a
petition with the Board and the Agency, and set forth therein the circumstances
under which a waiver has been sought but not obtained pursuant to subsection
(b) of this Section. A petition shall be accompanied by proof that the owner
of each potable water supply well for which setback requirements would be
affected by the requested exception has been notified and been provided with a
copy of the petition. A petition shall set forth such facts as may be required
to support an exception, including a general description of the potential
impacts of such potential source or potential route upon groundwaters and the
affected water well, and an explanation of the applicable technology-based
controls which will be utilized to minimize the potential for contamination of
the potable water supply well.
The Board shall grant an exception, whenever it is found upon presentation of
adequate proof, that compliance with the setback requirements of this Section
would pose an arbitrary and unreasonable hardship upon the petitioner, that the
petitioner will utilize the best available technology controls economically
achievable to minimize the likelihood of contamination of the potable water
supply well, that the maximum feasible alternative setback will be utilized,
and that the location of such potential source or potential route will not
constitute a significant hazard to the potable water supply well.
The Board shall adopt procedural rules
governing requests for exceptions under this subsection. The rulemaking
provisions of Title VII of this Act and of Section 5-35 of the Illinois
Administrative Procedure Act shall not apply to such rules. A decision
made by the Board pursuant to this subsection shall constitute a final
determination.
The granting of an exception by the Board shall not extinguish the water well
owner's rights under Section 6b of the Illinois Water Well Construction Code in
instances where the owner has elected not to provide a waiver pursuant to
subsection (b) of this Section.
(d) Except as provided in subsections (c) and (h) of this Section and
Section 14.5, no new potential route or potential primary source or potential
secondary source may be placed within 400 feet of any existing or permitted
community water supply well deriving water from an unconfined shallow fractured
or highly permeable bedrock formation or from an unconsolidated and unconfined
sand and gravel formation. The Agency shall notify the owner and operator of each well which is afforded
this setback protection and shall maintain a directory of all community water
supply wells to which the 400 foot minimum setback zone applies.
(e) The minimum setback zones established under subsections (a) and (b)
of this Section shall not apply to new common sources of sanitary pollution
as specified pursuant to Section 17 and the regulations adopted thereunder
by the Agency; however, no such common sources may be located within the
applicable minimum distance from a community water supply well specified by
such regulations.
(f) Nothing in this Section shall be construed as limiting the power of
any county or municipality to adopt ordinances which are consistent with
but not more stringent than the prohibitions herein.
(g) Nothing in this Section shall preclude any arrangement under which
the owner or operator of a new source or route does the following:
(1) purchases an existing water supply well and |
| attendant property with the intent of eventually abandoning or totally removing the well;
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(2) replaces an existing water supply well with a new
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| water supply of substantially equivalent quality and quantity as a precondition to locating or constructing such source or route;
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(3) implements any other arrangement which is
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| mutually agreeable with the owner of a water supply well; or
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|
(4) modifies the on-site storage capacity at an
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| agrichemical facility such that the volume of pesticide storage does not exceed 125% of the available capacity in existence on April 1, 1990, or the volume of fertilizer storage does not exceed 150% of the available capacity in existence on April 1, 1990; provided that a written endorsement for an agrichemical facility permit is in effect under Section 39.4 of this Act and the maximum feasible setback is maintained. This on-site storage capacity includes mini-bulk pesticides, package agrichemical storage areas, liquid or dry fertilizers, and liquid or dry pesticides.
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(h) A new potential route, which is an excavation for stone, sand or
gravel and which becomes active on lands which were acquired or were being
held as mineral reserves prior to September 24, 1987, shall only be subject
to the setback requirements of subsections (a) and (d) of this Section with
respect to any community water supply well, non-community water system well,
or semi-private water system well in existence prior to January 1, 1988.
(Source: P.A. 92-574, eff. 6-26-02.)
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(415 ILCS 5/14.4) (from Ch. 111 1/2, par. 1014.4)
Sec. 14.4.
Groundwater rules.
(a) No later than January 1, 1989, the Agency, after consultation with the
Interagency Coordinating Committee on Groundwater and the Groundwater Advisory
Council, shall propose regulations to the Board prescribing standards and
requirements for the following activities:
(1) landfilling, land treating, surface impounding or |
| piling of special waste and other wastes which could cause contamination of groundwater and which are generated on the site, other than hazardous, livestock and landscape waste, and construction and demolition debris;
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|
(2) storage of special waste in an underground
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| storage tank for which federal regulatory requirements for the protection of groundwater are not applicable;
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(3) storage and related handling of pesticides and
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| fertilizers at a facility for the purpose of commercial application;
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|
(4) storage and related handling of road oils and
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| de-icing agents at a central location; and
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|
(5) storage and related handling of pesticides and
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| fertilizers at a central location for the purpose of distribution to retail sales outlets.
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|
In preparing such regulation, the Agency shall provide as it deems
necessary for more stringent provisions for those activities enumerated in
this subsection which are not already in existence. Any activity for which
such standards and requirements are proposed may be referred to
as a new activity.
For the purposes of this Section, the term "commercial application"
shall not include the use of pesticides or fertilizers in a manner incidental
to the primary business activity.
(b) No later than October 1, 1993, the Board shall promulgate appropriate
regulations for existing activities. In promulgating these regulations, the
Board shall, in addition to the factors set forth in Title VII of this Act,
consider the following:
(1) appropriate programs for water quality monitoring;
(2) reporting, recordkeeping and remedial response
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|
(3) appropriate technology-based measures for
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|
(4) requirements for closure or discontinuance of
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|
Such regulations as are promulgated pursuant to this subsection shall be
for the express purpose of protecting groundwaters. The applicability of
such regulations shall be limited to any existing activity which is located:
(A) within a setback zone regulated by this Act,
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| other than an activity located on the same site as a non-community water system well and for which the owner is the same for both the activity and the well; or
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|
(B) within a regulated recharge area as delineated by
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| Board regulation, provided that:
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|
(i) the boundary of the lateral area of influence
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| of a community water supply well located within the recharge area includes such activity therein;
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|
(ii) the distance from the wellhead of the
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| community water supply to the activity does not exceed 2500 feet; and
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|
(iii) the community water supply well was in
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| existence prior to January 1, 1988.
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|
In addition, the Board shall ensure that the promulgated regulations are
consistent with and not pre-emptive of the certification system provided by
Section 14.5. The Board shall modify the
regulations adopted under this subsection to provide an exception for
existing activities subject to Section 14.6.
(c) Concurrently with the action mandated by subsection (a), the Agency
shall evaluate, with respect to the protection of groundwater, the adequacy
of existing federal and State regulations regarding the disposal of hazardous
waste and the offsite disposal of special and municipal wastes. The Agency
shall then propose, as it deems necessary, additional regulations for such new
disposal activities as may be necessary to achieve a level of groundwater
protection that is consistent with the regulations proposed under
subsection (a) of this Section.
(d) Following receipt of proposed regulations submitted by the Agency
pursuant to subsection (a) of this Section, the Board shall promulgate
appropriate regulations for new activities. In promulgating these
regulations, the Board shall, in addition to the factors set forth in
Title VII of this Act, consider the following:
(1) appropriate programs for water quality
|
| monitoring, including, where appropriate, notification limitations to trigger preventive response activities;
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|
(2) design practices and technology-based measures
|
| appropriate for minimizing the potential for groundwater contamination;
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|
(3) reporting, recordkeeping and remedial response
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|
(4) requirements for closure or discontinuance of
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|
Such regulations as are promulgated pursuant to this subsection shall be
for the express purpose of protecting groundwaters. The applicability of
such regulations shall be limited to any new activity which is to be
located within a setback zone regulated by this Act, or which is to be
located within a regulated recharge area as delineated by Board regulation.
In addition, the Board shall ensure that the promulgated regulations are
consistent with and not pre-emptive of the certification system provided
by Section 14.5. The
Board shall modify the regulations adopted under this subsection to provide
an exception for new activities subject to Section 14.6.
(e) Nothing in this Section shall be construed as prohibiting any person
for whom regulations are promulgated by the
Board pursuant to subsection (b) or (c) of this Section, from proposing and
obtaining, concurrently with the regulations proposed by the Agency
pursuant to subsection (a) of this Section, a rule specific to individual
persons or sites pursuant to Title VII of this Act which codifies
alternative groundwater protection methods that provide substantially
equivalent protection for community water supplies.
(f) Nothing in this Section shall be construed as limiting the power of
any county or municipality to adopt ordinances, which are consistent with
but not more stringent than the regulations adopted by the Board pursuant
to this Section, for application of standards and requirements
within such setback zones as are provided by this Act.
(g) The Agency shall prepare a groundwater protection regulatory agenda
for submittal to the Interagency Coordinating Committee on Groundwater and
the Groundwater Advisory Council. In preparing this agenda, the Agency
shall consider situations where gaps may exist in federal or State
regulatory protection for groundwater, or where further refinements could
be necessary to achieve adequate protection of groundwater.
(h) Nothing in this Section shall be construed as limiting the general
authority of the Board to promulgate regulations pursuant to Title VII of this
Act.
(i) The Board's rulemaking with respect to subsection (a)(3) of this
Section shall take into account the relevant aspects of the
Department of Agriculture's Part 255 regulations which specify containment
rules for agrichemical facilities.
(Source: P.A. 92-574, eff. 6-26-02.)
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(415 ILCS 5/14.5) (from Ch. 111 1/2, par. 1014.5)
Sec. 14.5.
(a) The Agency shall administer a certification system for
sites which represent a minimal hazard with respect to contamination of
groundwaters by potential primary or potential secondary sources. No later
than January 1, 1988, the Agency shall develop and
make available a minimal hazard certification form and guidelines for the
use and management of containers and above ground tanks, and for the piling of
waste.
(b) After January 1, 1988, the owner of any site which would otherwise
be subject to the provisions of subsection (d) of Section 14.2 or Section
14.4 and regulations adopted thereunder may provide a certification of
minimal hazard to the Agency if the following conditions are met:
(1) no on-site landfilling, land treating, or surface |
| impounding of waste, other than landscape waste or construction and demolition debris, has taken place and such circumstance will continue;
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|
(2) no on-site piles of special or hazardous waste
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| are present and such circumstance will continue, and any piling of other wastes which could cause contamination of groundwater will be consistent with guidelines developed by the Agency;
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|
(3) no underground storage tanks are present on the
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| site and such circumstances will continue;
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|
(4) use and management of containers and above ground
|
| tanks will be consistent with guidelines developed by the Agency;
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|
(5) no on-site release of any hazardous substance or
|
| petroleum has taken place which was of sufficient magnitude to contaminate groundwaters;
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|
(6) no more than 100 gallons of either pesticides or
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| organic solvents, or 10,000 gallons of any hazardous substances, or 30,000 gallons of petroleum, will be present at any time; and
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|
(7) notice has been given to the owner of each
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| community water supply well within 1,000 feet of the site.
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|
(c) Upon receipt of a certification pursuant to subsection (b) of this
Section the Agency shall, within 90 days, take one of the following actions:
(1) notify the owner of the site in writing that the
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| certification is complete and adequate;
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|
(2) notify the owner of the site in writing that the
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| certification is not adequate, including a statement of the reasons therefor;
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|
(3) notify the owner of the site in writing that a
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| site inspection will be held within 120 days, and that following such inspection but still within the 120 day period further action will be taken pursuant to item (1) or (2) of this subsection; or
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|
(4) notify in writing the owner of the site that
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| pursuant to Section 17.1 a county or municipality is conducting a groundwater protection needs assessment or the Agency is conducting a well site survey which encompasses the site for which certification is being processed, and specify a time period, not to exceed a total of 180 days from the date of the notice, for consideration of the findings from such assessment or survey and by which further action will be taken pursuant to item (1) or (2) of this subsection.
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|
A certification is not adequate if it fails to address each of the
conditions required to be met by subsection (b) of this Section, or if the
Agency possesses information which reasonably suggests that any statement
made in the certification is inaccurate or incomplete. Action under item (1)
or (2) of this subsection shall constitute a final determination of the Agency.
(d) When a certification has been provided with respect to which the Agency
has made a
finding of adequacy or has failed to act in a timely manner pursuant to
subsection (c) of this Section, the site shall not be subject to the
provisions of subsection (d) of Section 14.2 or Section 14.4 and
regulations adopted thereunder for the following time periods:
(1) one year, if the Agency has failed to act in a
|
| timely manner pursuant to subsection (c) of this Section, during which time the owner must recertify to continue such status;
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|
(2) three years, if the site is located within a
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| minimum or maximum setback zone, during which time the owner must recertify to continue such status;
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|
(3) five years, if the site is located within a
|
| regulated recharge area, during which time the owner must recertify to continue such status; or
|
|
(4) 90 days past the time when a change of ownership
|
| takes place, during which time the new owner must recertify to continue such status.
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|
(e) During the effective period of a certification, the owner of the
site shall maintain compliance with the conditions specified in subsection
(b) of this Section. Any failure by the owner to maintain such compliance
shall be just cause for decertification by the Agency. Such action may
only be taken after the Agency has provided the owner with a written notice
which identifies the noncompliance and specifies a 30 day period during
which a written response may be provided by the owner. Such response may
describe any actions taken by the owner which relate to the conditions of
certification. If such response is deficient or untimely, the Agency shall
serve notice upon the owner that the site has been decertified and is
subject to the applicable provisions of subsection (d) of Section 14.2 or
Section 14.4 and regulations adopted thereunder. Such notification shall
constitute a final determination of the Agency.
(f) The Agency shall maintain a master listing, indexed by county, of
those sites for which certifications are in effect. Upon the establishment
of a regional planning committee pursuant to Section 17.2, the Agency shall
provide a copy of the pertinent portions of such listing to such committee
on a quarterly basis.
The Agency shall also make copies of such listing available to units of
local government and the public upon request.
(g) The Agency may enter into a written delegation agreement with any
county or municipality, which has adopted an ordinance consistent with
Section 14.2 or 14.3, to administer the provisions of this Section. Such
delegation agreements shall require that the work to be performed
thereunder shall be in accordance with criteria established by the Agency,
be subject to periodic review by the Agency, and shall include such
financial and program auditing by the Agency as may be necessary.
(Source: P.A. 91-357, eff. 7-29-99.)
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(415 ILCS 5/14.6) (from Ch. 111 1/2, par. 1014.6)
Sec. 14.6.
Agrichemical facilities.
(a) Notwithstanding the provisions of Section 14.4, groundwater
protection for storage and related handling of pesticides and fertilizers
at a facility for the purpose of commercial application or at a central
location for the purpose of distribution to retail sales outlets may be
provided by adherence to the provisions of this Section. For any such
activity to be subject to this Section, the following action must be taken
by an owner or operator:
(1) with respect to agrichemical facilities, as |
| defined by the Illinois Pesticide Act, the Illinois Fertilizer Act and regulations adopted thereunder, file a written notice of intent to be subject to the provisions of this Section with the Department of Agriculture by January 1, 1993, or within 6 months after the date on which a maximum setback zone is established or a regulated recharge area regulation is adopted that affects such a facility;
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|
(2) with respect to lawn care facilities that are
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| subject to the containment area provisions of the Lawn Care Products Application and Notice Act and its regulations, file a written notice of intent to be subject to the provisions of this Section with the Department of Agriculture by January 1, 1993, or within 6 months after the date on which a maximum setback zone is established or a regulated recharge area regulation is adopted that affects such a facility;
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|
(3) with respect to a central distribution location
|
| that is not an agrichemical facility, certify intent to be subject to the provisions of this Section on the appropriate license or renewal application form submitted to the Department of Agriculture; or
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|
(4) with respect to any other affected facility,
|
| certify intent to be subject to the provisions of this Section on the appropriate renewal application forms submitted to the Department of Agriculture or other appropriate agency.
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|
An owner or operator of a facility that takes the action described in
this subsection shall be subject to the provisions of this Section and
shall not be regulated under the provisions of Section 14.4, except as
provided in subsection (d) of this Section. The Department of Agriculture or other
appropriate agency shall provide copies of the written notices and
certifications to the Agency. For the purposes of this subsection, the
term "commercial application" shall not include the use of pesticides or
fertilizers in a manner incidental to the primary business activity.
(b) The Agency and Department of Agriculture shall cooperatively develop
a program for groundwater protection for designated facilities or sites
consistent with the activities specified in subsection (a) of this Section.
In developing such a program, the Agency and the Department of Agriculture
shall consult with affected interests and take into account relevant
information. Based on such agreed program, the Department of Agriculture
shall adopt appropriate regulatory requirements for
the designated facilities or sites and administer a program. At a minimum,
the following considerations must be adequately addressed as part of such
program:
(1) a facility review process, using available
|
| information when appropriate, to determine those sites where groundwater monitoring will be implemented;
|
|
(2) requirements for groundwater quality monitoring
|
| for sites identified under item (1);
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|
(3) reporting, response, and operating practices for
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| the types of designated facilities; and
|
|
(4) requirements for closure or discontinuance of
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|
(c) The Agency may enter into a written agreement with any State agency
to operate a cooperative program for groundwater protection for designated
facilities or sites consistent with the activities specified in
subparagraph (4) of subsection (a) of this Section. Such State agency shall
adopt appropriate regulatory requirements for the designated facilities or
sites and necessary procedures and practices to administer the program.
(d) The Agency shall ensure that any facility that is subject to this
Section is in compliance with applicable provisions as specified in
subsection (b) or (c) of this Section. To fulfill this responsibility, the
Agency may rely on information provided by another State agency or other
information that is obtained on a direct basis. If a facility is not in
compliance with the applicable provisions, or a deficiency in the execution
of a program affects such a facility, the Agency may so notify the
facility of this condition and shall provide 30 days for a written response
to be filed. The response may describe any actions taken by the owner
which relate to the condition of noncompliance. If the response is
deficient or untimely, the Agency shall serve notice upon the owner that
the facility is subject to the applicable provisions of Section 14.4 of
this Act and regulations adopted thereunder.
(e) (Blank.)
(f) After January 1, 1994, and before one year after the date on which a
maximum setback zone is established or a regulated recharge area regulation
is adopted that affects a facility subject to the provisions of this
Section, an owner or operator of such a facility may withdraw the notice
given under subsection (a) of this Section by filing a written withdrawal
statement with the Department of Agriculture. Within 45 days after such
filing and after consultation with the Agency, the Department of
Agriculture shall provide written confirmation to the owner or operator
that the facility is no longer subject to the provisions of this Section and
must comply with the applicable provisions of Section 14.4 within 90 days
after receipt of the confirmation. The Department of Agriculture shall
provide copies of the written confirmations to the Agency.
(g) On or after August 11, 1994, an owner or operator of an agrichemical facility that is subject
to the provisions of Section 14.4 and regulations adopted thereunder solely
because of the presence of an on-site potable water supply well that is not a
non-community water supply may file a written notice with the Department of
Agriculture by January 1, 1995 declaring the facility to be subject to the
provisions of this Section. When that action is taken, the regulatory
requirements of subsection (b) of this Section shall be applicable beginning
January 1, 1995. Beginning on January 1, 1995,
such facilities shall be subject to either Section 14.4 or this Section
depending on the action taken under this subsection. An owner or operator of
an agrichemical facility that is subject to this Section because a written
notice was filed under this subsection shall do all of the following:
(1) File a facility review report with the Department
|
| of Agriculture on or before February 28, 1995 consistent with the regulatory requirements of subsection (b) of this Section.
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|
(2) Implement an approved monitoring program within
|
| 120 days of receipt of the Department of Agriculture's determination or a notice to proceed from the Department of Agriculture. The monitoring program shall be consistent with the requirements of subsection (b) of this Section.
|
|
(3) Implement applicable operational and management
|
| practice requirements and submit a permit application or modification to meet applicable structural provisions consistent with those in subsection (b) of this Section on or before July 1, 1995 and complete construction of applicable structural requirements on or before January 1, 1996.
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|
Notwithstanding the provisions of this subsection, an owner or operator of an
agrichemical facility that is subject to the provisions of Section 14.4 and
regulations adopted thereunder solely because of the presence of an on-site
private potable water supply well may file a written notice with the Department
of Agriculture before January 1, 1995 requesting a release from the provisions
of Section 14.4 and this Section. Upon receipt of a request for release, the
Department of Agriculture shall conduct a site visit to confirm the private
potable use of the on-site well. If private potable use is confirmed, the
Department shall provide written notice to the owner or operator of the
agrichemical facility that the facility is released from compliance with the
provisions of Section 14.4 and this Section. If private potable use is not
confirmed, the Department of Agriculture shall provide written notice to the
owner or operator that a release cannot be given. No action in this subsection
shall be precluded by the on-site non-potable use of water from an on-site
private potable water supply well.
(Source: P.A. 92-113, eff. 7-20-01; 92-574, eff. 6-26-02.)
|
(415 ILCS 5/14.7) Sec. 14.7. Preservation of community water supplies. (a) The Agency shall adopt rules governing certain corrosion prevention projects carried out on community water supplies. Those rules shall not apply to buried pipelines including, but not limited to, pipes, mains, and joints. The rules shall exclude routine maintenance activities of community water supplies including, but not limited to, the use of protective coatings applied by the owner's utility personnel during the course of performing routine maintenance activities. Routine maintenance activities shall include, but not be limited to, the painting of fire hydrants; routine over-coat painting of interior and exterior building surfaces such as floors, doors, windows, and ceilings; and routine touch-up and over-coat application of protective coatings typically found on water utility pumps, pipes, tanks, and other water treatment plant appurtenances and utility owned structures. Those rules shall include: (1) standards for ensuring that community water |
| supplies carry out corrosion prevention and mitigation methods according to corrosion prevention industry standards adopted by the Agency;
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|
(2) requirements that community water supplies use:
(A) protective coatings personnel to carry out
|
| corrosion prevention and mitigation methods on exposed water treatment tanks, exposed non-concrete water treatment structures, exposed water treatment pipe galleys; exposed pumps; and generators; the Agency shall not limit to protective coatings personnel any other work relating to prevention and mitigation methods on any other water treatment appurtenances where protective coatings are utilized for corrosion control and prevention to prolong the life of the water utility asset; and
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|
(B) inspectors to ensure that best practices and
|
| standards are adhered to on each corrosion prevention project; and
|
|
(3) standards to prevent environmental degradation
|
| that might occur as a result of carrying out corrosion prevention and mitigation methods including, but not limited to, standards to prevent the improper handling and containment of hazardous materials, especially lead paint, removed from the exterior of a community water supply.
|
|
In adopting rules under this subsection (a), the Agency
shall obtain input from corrosion industry experts
specializing in the training of personnel to
carry out corrosion prevention and mitigation methods.
(b) As used in this Section:
"Community water supply" has the meaning ascribed to that
term in Section 3.145 of this Act.
"Corrosion" means a naturally occurring phenomenon
commonly defined as the deterioration of a metal that results from a chemical or electrochemical reaction
with its environment.
"Corrosion prevention and mitigation methods" means the preparation, application, installation,
removal, or general maintenance as necessary of a
protective coating system, including any or more of the
following:
(A) surface preparation and coating application
|
| on the exterior or interior of a community water supply; or
|
|
(B) shop painting of structural steel fabricated
|
| for installation as part of a community water supply.
|
|
"Corrosion prevention project" means carrying out
corrosion prevention and mitigation methods. "Corrosion prevention project" does not include clean-up related to surface preparation.
"Protective coatings personnel" means personnel employed or retained by a contractor providing services covered by this Section to carry out corrosion prevention or mitigation methods or inspections.
(c) (Blank).
(d) Each contract procured pursuant to the Illinois Procurement Code for the provision of services covered by this Section (1) shall comply with applicable provisions of the Illinois Procurement Code and (2) shall include provisions for reporting participation by minority persons, as defined by Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; women, as defined by Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; and veterans, as defined by Section 45-57 of the Illinois Procurement Code, in apprenticeship and training programs in which the contractor or his or her subcontractors participate. The requirements of this Section do not apply to an individual licensed under the Professional Engineering Practice Act of 1989 or the Structural Engineering Act of 1989.
(Source: P.A. 100-391, eff. 8-25-17; 101-226, eff. 6-1-20 .)
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