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92_SB0026
LRB9200674ACcdA
1 AN ACT regarding the discharge of ballast water.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.543 as follows:
6 (30 ILCS 105/5.543 new)
7 Sec. 5.543. The Aquatic Nuisance Species Prevention
8 Fund.
9 Section 10. The Environmental Protection Act is amended
10 by adding Section 12.5 as follows:
11 (415 ILCS 5/12.5 new)
12 Sec. 12.5. Ballast water and sediment; rules; permit;
13 federal law.
14 (a) For the purposes of this Section:
15 "Aquatic nuisance species" means a nonindigenous species
16 that threatens the diversity or abundance of native species
17 or the ecological stability of infested waters or commercial,
18 agricultural, aquacultural, or recreational activities
19 dependent on the waters.
20 "Ballast water" means water and associated solids taken
21 on board a vessel to control or maintain trim, draft,
22 stability, or stresses on the vessel, without regard to the
23 manner in which the water and associated solids are carried.
24 "Great Lakes" means the Great Lakes and their connecting
25 waters, including Lake St. Clair.
26 "Oceangoing vessel" means a vessel that operates on the
27 Great Lakes after operating in waters outside the Great
28 Lakes.
29 "Sediment" means any matter settled out of ballast water
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1 within a vessel.
2 "Sterilized" means the treatment of ballast water or
3 sediment, or both, to destroy or remove all living biological
4 organisms through filtration, thermal methods, ultraviolet
5 light, biocides, or other techniques approved by the Agency.
6 (b) Prior to January 1, 2002, the Agency shall
7 promulgate rules to prevent the introduction and minimize the
8 spread of aquatic nuisance species within the Great Lakes.
9 (1) The rules shall do all of the following:
10 (A) Apply to all vessels capable of
11 discharging ballast water or sediment, whether
12 equipped with ballast water tank systems or
13 otherwise, that operate on the Great Lakes within
14 the jurisdiction of this State.
15 (B) Protect the safety of each vessel, its
16 crew, and its passengers, if any.
17 (C) Take into consideration different vessel
18 operating conditions.
19 (D) Be based on the best scientific
20 information available.
21 (E) Establish ballast water management
22 practices that will minimize the amount of sediment
23 accumulated in ballast tanks and minimize the spread
24 of aquatic nuisance species in the Great Lakes.
25 These ballast water management practices shall do
26 all of the following:
27 (i) Require ballast water exchange
28 procedures or other approved procedures to be
29 used if the United States Fish and Wildlife
30 Service certifies that an aquatic nuisance
31 species has established a niche community in a
32 specific harbor and the Agency determines that
33 the procedures will result in substantial
34 prevention of the spread of aquatic nuisance
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1 species.
2 (ii) Minimize the exchange of ballast
3 water in areas of known sewer discharge to
4 avoid the risk of uptake of bacteria and
5 pathogens.
6 (iii) Require the rinsing of ballast
7 tanks to remove sediment.
8 (iv) Require that uptake of ballast water
9 be conducted in a manner that minimizes
10 sediment uptake.
11 (v) Require vessels, when practical and
12 safe, to take only the minimum amount of
13 ballast water required to safely depart the
14 dock and to complete the uptake of ballast
15 water in deeper waters.
16 (vi) Require the use of pumps when taking
17 on ballast water.
18 (vii) Require the operator of a vessel to
19 examine sea chest suction screens periodically.
20 (vii) Require vessel operators to file an
21 annual report with the Agency that describes
22 the vessel's compliance with the rules
23 promulgated under this subsection.
24 (F) For oceangoing vessels, the rules shall
25 (i) utilizing the best available technology and
26 practices, ensure that ballast water and sediment
27 likely to contain aquatic nuisance species are not
28 directly or indirectly discharged into the Great
29 Lakes within the jurisdiction of this State and (ii)
30 require the use of environmentally sound treatment
31 methods for ballast water and sediments, such as
32 sterilization, to prevent the introduction and
33 spread of aquatic nuisance species.
34 (G) Include such other matters as the Agency
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1 considers appropriate.
2 (2) In promulgating rules under this subsection,
3 the Agency shall consult with the other states and
4 Canadian provinces bordering the Great Lakes and, when
5 possible, promote uniform regulatory policies among the
6 states and Canadian provinces bordering the Great Lakes.
7 (3) At least every 5 years, the Agency shall
8 evaluate the effectiveness of the rules promulgated under
9 this subsection and determine whether they have been
10 effective in preventing the introduction and minimizing
11 the spread of aquatic nuisance species within the Great
12 Lakes. If the Agency determines that the rules have not
13 been effective, the Agency shall promulgate additional or
14 alternative rules to accomplish this objective.
15 (c) Beginning on January 1, 2002 and subject to
16 subsection (d) of this Section, a person shall not operate on
17 the Great Lakes within the jurisdiction of this State an
18 oceangoing vessel capable of discharging ballast water,
19 whether equipped with a ballast water tank system or
20 otherwise, unless the vessel has been issued a permit by the
21 Agency and the vessel is equipped with all the necessary
22 equipment to discharge the ballast water or sediment in
23 compliance with the permit and the rules promulgated under
24 subsection (b) of this Section. An application for a permit
25 under this subsection shall be submitted in the manner
26 required by the Agency and shall contain the information
27 required by the Agency. The Agency shall assess application
28 and inspection fees in amounts necessary to implement the
29 provisions of this subsection.
30 (d) The Agency shall suspend enforcement of the
31 requirements of this Section if a federal law is enacted or
32 federal regulations are promulgated after the effective date
33 of this Section that require vessels operating on the Great
34 Lakes to comply with ballast water management practices
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1 designed to minimize the spread of aquatic nuisance species
2 in the Great Lakes and require the treatment of ballast water
3 and sediment for oceangoing vessels. If a federal law is
4 enacted or federal regulations are promulgated, as described
5 in this subsection, the Agency shall review the effectiveness
6 of the federal law or regulations in preventing the
7 introduction and minimizing the spread of aquatic nuisance
8 species within the Great Lakes every 3 years. If, as a
9 result of this review, the Agency determines that reinstating
10 enforcement of the requirements of this Section and the rules
11 promulgated under this Section would be more effective than
12 the federal law or regulations in preventing the introduction
13 and minimizing the spread of aquatic nuisance species, the
14 Agency shall reinstate enforcement of the requirements of
15 this Section and the rules promulgated under this Section.
16 (d) All fees received by the Agency under this Section
17 shall be deposited into the Aquatic Nuisance Species
18 Prevention Fund, an interest-bearing special fund created in
19 the State treasury. Subject to appropriation, moneys in the
20 Fund shall be used by the Agency to implement the provisions
21 of this Section.