Public Act 93-0170

HB3506 Enrolled                      LRB093 02586 EFG 02596 b

    AN ACT in relation to environmental protection.

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

    Section  5.   The Environmental Protection Act is amended
by changing Sections 13 and 19.3 and adding Section  13.5  as
follows:

    (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;
         (2)  Effluent  standards  specifying   the   maximum
    amounts  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;
         (3)  Standards  for  the  issuance  of  permits  for
    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;
         (4)  The circumstances under which the operators  of
    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;   Standards  for  the definition and
    certification of the technical  competency  of  operation
    personnel  for  sewage  works,  and for ascertaining that
    such works shall be  under  the  supervision  of  trained
    individuals whose qualifications shall have been approved
    by the Agency;
         (5)  Standards   for   the  filling  or  sealing  of
    abandoned water wells and holes, and holes  for  disposal
    of  drainage  in  order  to  protect ground water against
    contamination;
         (6)  Standards and conditions  regarding  the  sale,
    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;
         (7)  Alert  and  abatement  standards  relative   to
    water-pollution  episodes or emergencies which constitute
    an acute danger to health or to the environment;
         (8)  Requirements and procedures for the  inspection
    of  any  equipment, facility, or vessel that may cause or
    contribute to water pollution;
         (9)  Requirements and standards  for  equipment  and
    procedures for monitoring contaminant discharges at their
    sources,  the  collection  of samples and the collection,
    reporting and  retention  of  data  resulting  from  such
    monitoring.
    (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,
    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.
         (2)  Regulations  for  the exemption of any category
    or 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.
    (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. 88-45.)

    (415 ILCS 5/13.5 new)
    Sec. 13.5.  Sewage works; operator certification.
    (a)  For the purposes of this Section, the  term  "sewage
works"  includes,  without  limitation,  wastewater treatment
works, pretreatment works, and sewers and collection systems.
    (b)  The Agency may establish and enforce  standards  for
the  definition and certification of the technical competency
of personnel who operate sewage works, and  for  ascertaining
that  sewage  works  are  under  the  supervision  of trained
individuals whose qualifications have been  approved  by  the
Agency.
    (c)  The  Agency  may issue certificates of competency to
persons  meeting  the  standards  of   technical   competency
established  by  the  Agency  under  this  Section,  and  may
promulgate and enforce regulations pertaining to the issuance
and use of those certificates.
    (d)  The   Agency   shall  administer  the  certification
program established under this Section.  The Agency may enter
into formal working  agreements  with  other  departments  or
agencies  of  State  or  local  government under which all or
portions of its authority under this Section may be delegated
to the cooperating department or agency.
    (e)  This Section and the  changes  made  to  subdivision
(a)(4)  of  Section  13  by  this  amendatory Act of the 93rd
General Assembly do not invalidate the operator certification
rules previously adopted by the Agency and codified  as  Part
380  of  Title  35,  Subtitle  C,  Chapter II of the Illinois
Administrative Code.  Those rules, as amended  from  time  to
time,  shall  continue in effect until they are superseded or
repealed.

    (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
    Sec. 19.3.  Water Revolving Fund.
    (a)  There is hereby created within the State Treasury  a
Water   Revolving  Fund,  consisting  of  3  interest-bearing
special programs to be known as the Water  Pollution  Control
Loan  Program,  the Public Water Supply Loan Program, and the
Loan Support Program, which shall be used and administered by
the Agency.
    (b)  The Water Pollution Control Loan  Program  shall  be
used and administered by the Agency to provide assistance for
the following purposes:
         (1)  to  accept  and retain funds from grant awards,
    appropriations, transfers, and payments of  interest  and
    principal;
         (2)  to   make  direct  loans  at  or  below  market
    interest rates to any eligible local government  unit  to
    finance the construction of wastewater treatments works;
         (3)  to   make  direct  loans  at  or  below  market
    interest rates to any eligible local government  unit  to
    buy  or  refinance  debt  obligations for treatment works
    incurred after March 7, 1985;
         (3.5)  to make  direct  loans  at  or  below  market
    interest  rates  for  the  implementation of a management
    program established under  Section  319  of  the  Federal
    Water Pollution Control Act, as amended;
         (4)  to  guarantee  or  purchase insurance for local
    obligations where such action would improve credit market
    access or reduce interest rates;
         (5)  as a source of  revenue  or  security  for  the
    payment  of  principal and interest on revenue or general
    obligation bonds issued by the  State  or  any  political
    subdivision  or  instrumentality thereof, if the proceeds
    of such bonds will be deposited in the Fund;
         (6)  to finance the reasonable costs incurred by the
    Agency in the administration of the Fund; and
         (7)  to transfer funds to the  Public  Water  Supply
    Loan Program (blank).
    (c)  The   Loan   Support   Program  shall  be  used  and
administered by the Agency for the following purposes:
         (1)  to accept and retain funds  from  grant  awards
    and appropriations;
         (2)  to finance the reasonable costs incurred by the
    Agency  in  the  administration  of  the  Fund, including
    activities under Title III of  this  Act,  including  the
    administration of the State construction grant program;
         (3)  to   transfer  funds  to  the  Water  Pollution
    Control Loan Program and the  Public  Water  Supply  Loan
    Program;
         (4)  to  accept  and  retain  a  portion of the loan
    repayments;
         (5)  to finance the development of the low  interest
    loan program for public water supply projects;
         (6)  to finance the reasonable costs incurred by the
    Agency  to  provide technical assistance for public water
    supplies; and
         (7)  to finance the reasonable costs incurred by the
    Agency for public water system supervision  programs,  to
    administer  or  provide  for technical assistance through
    source  water  protection  programs,   to   develop   and
    implement  a  capacity development strategy, to delineate
    and assess source water  protection  areas,  and  for  an
    operator certification program in accordance with Section
    1452 of the federal Safe Drinking Water Act.
    (d)  The  Public  Water Supply Loan Program shall be used
and administered by the Agency to provide assistance to local
government units and privately owned community water supplies
for public water supplies for the following public purposes:
         (1)  to accept and retain funds from  grant  awards,
    appropriations,  transfers,  and payments of interest and
    principal;
         (2)  to  make  direct  loans  at  or  below   market
    interest  rates  to any eligible local government unit or
    to any eligible privately owned community water supply to
    finance the construction of water supplies;
         (3)  to buy or refinance the debt  obligation  of  a
    local government unit for costs incurred on or after July
    17, 1997;
         (4)  to   guarantee  local  obligations  where  such
    action would  improve  credit  market  access  or  reduce
    interest rates;
         (5)  as  a  source  of  revenue  or security for the
    payment of principal and interest on revenue  or  general
    obligation  bonds  issued  by  the State or any political
    subdivision or instrumentality thereof, if  the  proceeds
    of such bonds will be deposited into the Fund; and
         (6)  to   transfer  funds  to  the  Water  Pollution
    Control Loan Program (blank).
    (e)  The Agency is designated as the administering agency
of  the  Fund.  The  Agency  shall  submit  to  the  Regional
Administrator of the United States  Environmental  Protection
Agency  an  intended use plan which outlines the proposed use
of funds available to the State.  The Agency shall  take  all
actions  necessary to secure to the State the benefits of the
federal Water Pollution Control  Act  and  the  federal  Safe
Drinking Water Act, as now or hereafter amended.
    (f)  The  Agency  shall  have  the  power  to  enter into
intergovernmental agreements with the federal  government  or
the  State,  or  any instrumentality thereof, for purposes of
capitalizing the Water Revolving Fund. Moneys on  deposit  in
the  Water  Revolving  Fund  may  be used for the creation of
reserve funds or pledged funds that secure the obligations of
repayment of loans made pursuant to this  Section.   For  the
purpose  of  obtaining  capital  for  deposit  into the Water
Revolving Fund, the Agency may  also  enter  into  agreements
with financial institutions and other persons for the purpose
of  selling  loans and developing a secondary market for such
loans.  The  Agency  shall  have  the  power  to  create  and
establish such reserve funds and accounts as may be necessary
or desirable to accomplish its purposes under this subsection
and  to  allocate  its  available  moneys into such funds and
accounts.  Investment earnings on moneys held  in  the  Water
Revolving  Fund,  including any reserve fund or pledged fund,
shall be deposited into the Water Revolving Fund.
(Source: P.A.  91-36,  eff.  6-15-99;  91-52,  eff.  6-30-99;
91-501, eff. 8-13-99; 92-16, 6-28-01.)

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