State of Illinois
92nd General Assembly
Legislation

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92_SB2182

 
                                              SRS92SB0078SWap

 1        AN ACT concerning ballast water.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    Ballast Water Act.

 6        Section 5.  Definitions. As used in this Act:
 7        "Aquatic  nuisance species" means a nonindigenous species
 8    that threatens the diversity or abundance of native  species,
 9    the ecological stability of infested waters of this State, or
10    the  commercial,  agricultural, aquacultural, or recreational
11    activities dependent on those waters.
12        "Ballast water" means water and associated  solids  taken
13    on  board  a  vessel  to  control  or  maintain  trim, draft,
14    stability, or stresses on the vessel, without regard  to  the
15    manner in which it is carried.
16        "Ballast  water  treatment  method"  means  a  method  of
17    treating  ballast  water  and  sediments to remove or destroy
18    living biological  organisms  through  one  or  more  of  the
19    following:
20             (1)  filtration;
21             (2)  the  application  of  biocides  or  ultraviolet
22        light;
23             (3)  thermal methods; or
24             (4)  other  treatment  techniques  approved  by  the
25        Department.
26        "Department" means the Department of Natural Resources.
27        "Great  Lakes" means the Great Lakes and their connecting
28    waters.
29        "Local unit" means a county, municipality, or township or
30    an agency or instrumentality of any of these entities.
31        "Nonoceangoing vessel" means a  vessel  that  is  not  an
 
                            -2-               SRS92SB0078SWap
 1    oceangoing vessel.
 2        "Oceangoing  vessel"  means a vessel that operates on the
 3    Great Lakes after operating in waters outside  of  the  Great
 4    Lakes.
 5        "Sediments" means any matter settled out of ballast water
 6    within a vessel.
 7        "Waters of this State" means groundwaters, lakes, rivers,
 8    and streams, and all other watercourses and waters, including
 9    the Great Lakes, within the jurisdiction of this State.

10        Section 10.  Findings. The legislature finds that it is a
11    goal  of  this  State  to  prevent  the  introduction  of and
12    minimize the spread of aquatic nuisance  species  within  the
13    waters  of this State. The legislature further finds that, to
14    achieve this goal, this State shall cooperate with the United
15    States authorities, other states, and the maritime industry.

16        Section 15.  Duties; on or before January 1, 2003.  On or
17    before January 1, 2003, the Department shall do  all  of  the
18    following:
19        (1)  Determine   whether  the  ballast  water  management
20    practices that were proposed in the Code  of  Best  Practices
21    for  Ballast  Water  Management by the shipping federation of
22    Canada on September 28, 2000, are being complied with by  all
23    oceangoing vessels operating within the waters of this State.
24    Upon  request  by the Department, the owner or operator of an
25    oceangoing vessel must provide, on a form  developed  by  the
26    Department   and   the   shipping   federation   of   Canada,
27    confirmation  of  whether or not the vessel is complying with
28    the ballast water  management  practices  described  in  this
29    Section.
30        (2)  Determine   whether  the  ballast  water  management
31    practices that were proposed in the Code  of  Best  Practices
32    for  Ballast  Water  Management by the shipping federation of
 
                            -3-               SRS92SB0078SWap
 1    Canada on September 28, 2000, are being complied with by  all
 2    nonoceangoing  vessels  operating  within  the waters of this
 3    State. Upon request by the Department, the owner or  operator
 4    of  a  nonoceangoing vessel must provide, on a form developed
 5    by the Department and the lake carriers' association and  the
 6    Canadian  shipowners' association, confirmation of whether or
 7    not the vessel is complying with the ballast water management
 8    practices described in this Section.
 9        (3)  Determine the following:
10             (A)  Whether one or  more  ballast  water  treatment
11        methods,  which  protect  the  safety  of the vessel, its
12        crew, and its passengers, could  be  used  by  oceangoing
13        vessels  to  prevent the introduction of aquatic nuisance
14        species into the waters of this State.
15             (B)  A time period after which one or  more  ballast
16        water  treatment  methods identified under item (A) could
17        be used by all oceangoing vessels operating on the waters
18        of this State.
19             (C)  If the Department  determines  under  item  (A)
20        that  a  ballast water treatment method is not available,
21        the actions needed to be taken for one  or  more  ballast
22        water  treatment methods that would meet the requirements
23        of item (A) to be developed, tested, and  made  available
24        to  vessel  owners  and operators and a time period after
25        which the ballast water treatment method or  methods  may
26        be used by all oceangoing vessels operating on the waters
27        of   this   State.  Subsequently,  if  at  any  time  the
28        Department determines that one or more of the new ballast
29        water treatment methods that  meet  the  requirements  of
30        item  (A)  may be used by oceangoing vessels operating on
31        the waters of this State, the Department shall  determine
32        a date after which the new ballast water treatment method
33        or   methods  may  be  used  by  all  oceangoing  vessels
34        operating on the waters of this State.
 
                            -4-               SRS92SB0078SWap
 1        Section 20.  Duties; on or before July 1, 2004.    On  or
 2    before  July  1, 2004, the Department shall determine whether
 3    all oceangoing vessels that are operating on  the  waters  of
 4    this  State  are  using  a  ballast  water  treatment method,
 5    identified by the Department under item (3) of Section 15, to
 6    prevent the introduction of aquatic nuisance species into the
 7    waters of this State. Upon request  by  the  Department,  the
 8    owner  or operator of an oceangoing vessel must provide, on a
 9    form developed by the Department and the shipping  federation
10    of Canada, confirmation of whether or not the vessel is using
11    a ballast water treatment method identified by the Department
12    under  item  (3)  of Section 15. If the Department determines
13    that all oceangoing vessels that are operating on the  waters
14    of  this State are not using a ballast water treatment method
15    by the dates identified  in  item  (3)  of  Section  15,  the
16    Department shall determine what the reasons are for not doing
17    so.

18        Section 25.  Other duties.
19        (a)  The Department shall do all of the following:
20             (1)  On  or  before  January  1,  2003,  compile and
21        maintain  a  list   of   all   oceangoing   vessels   and
22        nonoceangoing vessels that the Department determines have
23        complied  with  the  ballast  water  management practices
24        described  in  item  (1)  or  (2)  of  Section   15,   as
25        appropriate,  during  the  previous  12 months. This list
26        must  be  continually  updated  and  maintained  on   the
27        Department's website.
28             (2)  On  or  before  July 1, 2003, if the Department
29        has determined under subdivision (3)(A) of   Section  15,
30        or   if  the  Department  subsequently  determines  under
31        subdivision (3)(C)  of  Section  15,  that  one  or  more
32        ballast   water   treatment  methods  could  be  used  by
33        oceangoing vessels to prevent the introduction of aquatic
 
                            -5-               SRS92SB0078SWap
 1        nuisance species into the waters of this  State,  compile
 2        and maintain a list of all oceangoing vessels that, after
 3        the date specified in subdivision (3)(B) of Section 15 or
 4        the  date  identified by the Department under subdivision
 5        (3)(C) of Section 15, as appropriate, have been using one
 6        of these  ballast  water  treatment  methods  during  the
 7        previous 12 months.
 8             (3)  Continually  update and post the lists provided
 9        for in this subsection (a) on the Department's website.
10             (4)  Annually  distribute  a  copy  of   the   lists
11        prepared  under  this  subsection  (a) to persons in this
12        State who have contracts with oceangoing or nonoceangoing
13        vessel operators for the transportation of cargo.
14        (b)  The owner or operator of an oceangoing vessel  or  a
15    nonoceangoing  vessel  that  is  not  on  an  applicable list
16    prepared under subsection (a) of this Section and any persons
17    in this State who have contracts for  the  transportation  of
18    cargo  with  an  oceangoing  or nonoceangoing vessel operator
19    that is not on an applicable list prepared  under  subsection
20    (a)  of  this Section are not eligible for a new grant, loan,
21    or award administered by the State.

22        Section 99. Effective date. This Act  takes  effect  upon
23    becoming law.

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