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91_HB3104
LRB9110440ACtmA
1 AN ACT to amend the Environmental Protection Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended
5 by changing Section 12 as follows:
6 (415 ILCS 5/12) (from Ch. 111 1/2, par. 1012)
7 Sec. 12. No person shall:
8 (a) Cause or threaten or allow the discharge of any
9 contaminants into the environment in any State so as to cause
10 or tend to cause water pollution in Illinois, either alone or
11 in combination with matter from other sources, or so as to
12 violate regulations or standards adopted by the Pollution
13 Control Board under this Act.
14 (b) Construct, install, or operate any equipment,
15 facility, vessel, or aircraft capable of causing or
16 contributing to water pollution, or designed to prevent water
17 pollution, of any type designated by Board regulations,
18 without a permit granted by the Agency, or in violation of
19 any conditions imposed by such permit.
20 (c) Increase the quantity or strength of any discharge
21 of contaminants into the waters, or construct or install any
22 sewer or sewage treatment facility or any new outlet for
23 contaminants into the waters of this State, without a permit
24 granted by the Agency.
25 (d) Deposit any contaminants upon the land in such place
26 and manner so as to create a water pollution hazard.
27 (e) Sell, offer, or use any article in any area in which
28 the Board has by regulation forbidden its sale, offer, or use
29 for reasons of water pollution control.
30 (f) Cause, threaten or allow the discharge of any
31 contaminant into the waters of the State, as defined herein,
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1 including but not limited to, waters to any sewage works, or
2 into any well or from any point source within the State,
3 without an NPDES permit for point source discharges issued by
4 the Agency under Section 39(b) of this Act, or in violation
5 of any term or condition imposed by such permit, or in
6 violation of any NPDES permit filing requirement established
7 under Section 39(b), or in violation of any regulations
8 adopted by the Board or of any order adopted by the Board
9 with respect to the NPDES program.
10 No permit shall be required under this subsection and
11 under Section 39(b) of this Act for any discharge for which a
12 permit is not required under the Federal Water Pollution
13 Control Act, as now or hereafter amended, and regulations
14 pursuant thereto.
15 No permit shall be required under this subsection and
16 under subsection (b) of Section 39 of this Act, and it shall
17 not be a violation of this Section, for any person to allow
18 the discharge of natural runoff from or the passage of
19 natural flow through property because the runoff or flow
20 contains lead or other substances relating to the discharge
21 of firearms. For the purpose of this Act, lead discharged
22 from firearms into the waters or land of this State is not to
23 be considered a contaminant.
24 For all purposes of this Act, a permit issued by the
25 Administrator of the United States Environmental Protection
26 Agency under Section 402 of the Federal Water Pollution
27 Control Act, as now or hereafter amended, shall be deemed to
28 be a permit issued by the Agency pursuant to Section 39(b) of
29 this Act. However, this shall not apply to the exclusion
30 from the requirement of an operating permit provided under
31 Section 13(b) (i).
32 Compliance with the terms and conditions of any permit
33 issued under Section 39(b) of this Act shall be deemed
34 compliance with this subsection except that it shall not be
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1 deemed compliance with any standard or effluent limitation
2 imposed for a toxic pollutant injurious to human health.
3 In any case where a permit has been timely applied for
4 pursuant to Section 39(b) of this Act but final
5 administrative disposition of such application has not been
6 made, it shall not be a violation of this subsection to
7 discharge without such permit unless the complainant proves
8 that final administrative disposition has not been made
9 because of the failure of the applicant to furnish
10 information reasonably required or requested in order to
11 process the application. For purposes of this provision,
12 until implementing requirements have been established by the
13 Board and the Agency, all applications deemed filed with the
14 Administrator of the United States Environmental Protection
15 Agency pursuant to the provisions of the Federal Water
16 Pollution Control Act, as now or hereafter amended, shall be
17 deemed filed with the Agency.
18 (g) Cause, threaten or allow the underground injection
19 of contaminants without a UIC permit issued by the Agency
20 under Section 39(d) of this Act, or in violation of any term
21 or condition imposed by such permit, or in violation of any
22 regulations or standards adopted by the Board or of any order
23 adopted by the Board with respect to the UIC program.
24 No permit shall be required under this subsection and
25 under Section 39(d) of this Act for any underground injection
26 of contaminants for which a permit is not required under Part
27 C of the Safe Drinking Water Act (P.L. 93-523), as amended,
28 unless a permit is authorized or required under regulations
29 adopted by the Board pursuant to Section 13 of this Act.
30 (h) Introduce contaminants into a sewage works from any
31 nondomestic source except in compliance with the regulations
32 and standards adopted by the Board under this Act.
33 (Source: P.A. 86-671.)