093_HB3506enr
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1 AN ACT in relation to environmental protection.
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 Sections 13 and 19.3 and adding Section 13.5 as
6 follows:
7 (415 ILCS 5/13) (from Ch. 111 1/2, par. 1013)
8 Sec. 13. Regulations.
9 (a) The Board, pursuant to procedures prescribed in
10 Title VII of this Act, may adopt regulations to promote the
11 purposes and provisions of this Title. Without limiting the
12 generality of this authority, such regulations may among
13 other things prescribe:
14 (1) Water quality standards specifying among other
15 things, the maximum short-term and long-term
16 concentrations of various contaminants in the waters, the
17 minimum permissible concentrations of dissolved oxygen
18 and other desirable matter in the waters, and the
19 temperature of such waters;
20 (2) Effluent standards specifying the maximum
21 amounts or concentrations, and the physical, chemical,
22 thermal, biological and radioactive nature of
23 contaminants that may be discharged into the waters of
24 the State, as defined herein, including, but not limited
25 to, waters to any sewage works, or into any well, or from
26 any source within the State;
27 (3) Standards for the issuance of permits for
28 construction, installation, or operation of any
29 equipment, facility, vessel, or aircraft capable of
30 causing or contributing to water pollution or designed to
31 prevent water pollution or for the construction or
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1 installation of any sewer or sewage treatment facility or
2 any new outlet for contaminants into the waters of this
3 State;
4 (4) The circumstances under which the operators of
5 sewage works are required to obtain and maintain
6 certification by the Agency under Section 13.5 and the
7 types of sewage works to which those requirements apply,
8 which may, without limitation, include wastewater
9 treatment works, pretreatment works, and sewers and
10 collection systems; Standards for the definition and
11 certification of the technical competency of operation
12 personnel for sewage works, and for ascertaining that
13 such works shall be under the supervision of trained
14 individuals whose qualifications shall have been approved
15 by the Agency;
16 (5) Standards for the filling or sealing of
17 abandoned water wells and holes, and holes for disposal
18 of drainage in order to protect ground water against
19 contamination;
20 (6) Standards and conditions regarding the sale,
21 offer, or use of any pesticide, detergent, or any other
22 article determined by the Board to constitute a water
23 pollution hazard, provided that any such regulations
24 relating to pesticides shall be adopted only in
25 accordance with the "Illinois Pesticide Act", approved
26 August 14, 1979 as amended;
27 (7) Alert and abatement standards relative to
28 water-pollution episodes or emergencies which constitute
29 an acute danger to health or to the environment;
30 (8) Requirements and procedures for the inspection
31 of any equipment, facility, or vessel that may cause or
32 contribute to water pollution;
33 (9) Requirements and standards for equipment and
34 procedures for monitoring contaminant discharges at their
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1 sources, the collection of samples and the collection,
2 reporting and retention of data resulting from such
3 monitoring.
4 (b) Notwithstanding other provisions of this Act and for
5 purposes of implementing an NPDES program, the Board shall
6 adopt:
7 (1) Requirements, standards, and procedures which,
8 together with other regulations adopted pursuant to this
9 Section 13, are necessary or appropriate to enable the
10 State of Illinois to implement and participate in the
11 National Pollutant Discharge Elimination System (NPDES)
12 pursuant to and under the Federal Water Pollution Control
13 Act, as now or hereafter amended. All regulations
14 adopted by the Board governing the NPDES program shall be
15 consistent with the applicable provisions of such federal
16 Act and regulations pursuant thereto, and otherwise shall
17 be consistent with all other provisions of this Act, and
18 shall exclude from the requirement to obtain any
19 operating permit otherwise required under this Title a
20 facility for which an NPDES permit has been issued under
21 Section 39(b); provided, however, that for purposes of
22 this paragraph, a UIC permit, as required under Section
23 12(g) and 39(d) of this Act, is not an operating permit.
24 (2) Regulations for the exemption of any category
25 or categories of persons or contaminant sources from the
26 requirement to obtain any NPDES permit prescribed or from
27 any standards or conditions governing such permit when
28 the environment will be adequately protected without the
29 requirement of such permit, and such exemption is either
30 consistent with the Federal Water Pollution Control Act,
31 as now or hereafter amended, or regulations pursuant
32 thereto, or is necessary to avoid an arbitrary or
33 unreasonable hardship to such category or categories of
34 persons or sources.
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1 (c) In accordance with Section 7.2, and notwithstanding
2 any other provisions of this Act, for purposes of
3 implementing a State UIC program, the Board shall adopt
4 regulations which are identical in substance to federal
5 regulations or amendments thereto promulgated by the
6 Administrator of the United States Environmental Protection
7 Agency in accordance with Section 1421 of the Safe Drinking
8 Water Act (P.L. 93-523), as amended. The Board may
9 consolidate into a single rulemaking under this Section all
10 such federal regulations adopted within a period of time not
11 to exceed 6 months. The provisions and requirements of Title
12 VII of this Act shall not apply to regulations adopted under
13 this subsection. Section 5-35 of the Illinois Administrative
14 Procedure Act relating to procedures for rulemaking shall not
15 apply to regulations adopted under this subsection.
16 (d) The Board may adopt regulations relating to a State
17 UIC program that are not inconsistent with and are at least
18 as stringent as the Safe Drinking Water Act (P.L. 93-523), as
19 amended, or regulations adopted thereunder. Regulations
20 adopted pursuant to this subsection shall be adopted in
21 accordance with the provisions and requirements of Title VII
22 of this Act and the procedures for rulemaking in Section 5-35
23 of the Illinois Administrative Procedure Act.
24 (Source: P.A. 88-45.)
25 (415 ILCS 5/13.5 new)
26 Sec. 13.5. Sewage works; operator certification.
27 (a) For the purposes of this Section, the term "sewage
28 works" includes, without limitation, wastewater treatment
29 works, pretreatment works, and sewers and collection systems.
30 (b) The Agency may establish and enforce standards for
31 the definition and certification of the technical competency
32 of personnel who operate sewage works, and for ascertaining
33 that sewage works are under the supervision of trained
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1 individuals whose qualifications have been approved by the
2 Agency.
3 (c) The Agency may issue certificates of competency to
4 persons meeting the standards of technical competency
5 established by the Agency under this Section, and may
6 promulgate and enforce regulations pertaining to the issuance
7 and use of those certificates.
8 (d) The Agency shall administer the certification
9 program established under this Section. The Agency may enter
10 into formal working agreements with other departments or
11 agencies of State or local government under which all or
12 portions of its authority under this Section may be delegated
13 to the cooperating department or agency.
14 (e) This Section and the changes made to subdivision
15 (a)(4) of Section 13 by this amendatory Act of the 93rd
16 General Assembly do not invalidate the operator certification
17 rules previously adopted by the Agency and codified as Part
18 380 of Title 35, Subtitle C, Chapter II of the Illinois
19 Administrative Code. Those rules, as amended from time to
20 time, shall continue in effect until they are superseded or
21 repealed.
22 (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
23 Sec. 19.3. Water Revolving Fund.
24 (a) There is hereby created within the State Treasury a
25 Water Revolving Fund, consisting of 3 interest-bearing
26 special programs to be known as the Water Pollution Control
27 Loan Program, the Public Water Supply Loan Program, and the
28 Loan Support Program, which shall be used and administered by
29 the Agency.
30 (b) The Water Pollution Control Loan Program shall be
31 used and administered by the Agency to provide assistance for
32 the following purposes:
33 (1) to accept and retain funds from grant awards,
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1 appropriations, transfers, and payments of interest and
2 principal;
3 (2) to make direct loans at or below market
4 interest rates to any eligible local government unit to
5 finance the construction of wastewater treatments works;
6 (3) to make direct loans at or below market
7 interest rates to any eligible local government unit to
8 buy or refinance debt obligations for treatment works
9 incurred after March 7, 1985;
10 (3.5) to make direct loans at or below market
11 interest rates for the implementation of a management
12 program established under Section 319 of the Federal
13 Water Pollution Control Act, as amended;
14 (4) to guarantee or purchase insurance for local
15 obligations where such action would improve credit market
16 access or reduce interest rates;
17 (5) as a source of revenue or security for the
18 payment of principal and interest on revenue or general
19 obligation bonds issued by the State or any political
20 subdivision or instrumentality thereof, if the proceeds
21 of such bonds will be deposited in the Fund;
22 (6) to finance the reasonable costs incurred by the
23 Agency in the administration of the Fund; and
24 (7) to transfer funds to the Public Water Supply
25 Loan Program (blank).
26 (c) The Loan Support Program shall be used and
27 administered by the Agency for the following purposes:
28 (1) to accept and retain funds from grant awards
29 and appropriations;
30 (2) to finance the reasonable costs incurred by the
31 Agency in the administration of the Fund, including
32 activities under Title III of this Act, including the
33 administration of the State construction grant program;
34 (3) to transfer funds to the Water Pollution
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1 Control Loan Program and the Public Water Supply Loan
2 Program;
3 (4) to accept and retain a portion of the loan
4 repayments;
5 (5) to finance the development of the low interest
6 loan program for public water supply projects;
7 (6) to finance the reasonable costs incurred by the
8 Agency to provide technical assistance for public water
9 supplies; and
10 (7) to finance the reasonable costs incurred by the
11 Agency for public water system supervision programs, to
12 administer or provide for technical assistance through
13 source water protection programs, to develop and
14 implement a capacity development strategy, to delineate
15 and assess source water protection areas, and for an
16 operator certification program in accordance with Section
17 1452 of the federal Safe Drinking Water Act.
18 (d) The Public Water Supply Loan Program shall be used
19 and administered by the Agency to provide assistance to local
20 government units and privately owned community water supplies
21 for public water supplies for the following public purposes:
22 (1) to accept and retain funds from grant awards,
23 appropriations, transfers, and payments of interest and
24 principal;
25 (2) to make direct loans at or below market
26 interest rates to any eligible local government unit or
27 to any eligible privately owned community water supply to
28 finance the construction of water supplies;
29 (3) to buy or refinance the debt obligation of a
30 local government unit for costs incurred on or after July
31 17, 1997;
32 (4) to guarantee local obligations where such
33 action would improve credit market access or reduce
34 interest rates;
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1 (5) as a source of revenue or security for the
2 payment of principal and interest on revenue or general
3 obligation bonds issued by the State or any political
4 subdivision or instrumentality thereof, if the proceeds
5 of such bonds will be deposited into the Fund; and
6 (6) to transfer funds to the Water Pollution
7 Control Loan Program (blank).
8 (e) The Agency is designated as the administering agency
9 of the Fund. The Agency shall submit to the Regional
10 Administrator of the United States Environmental Protection
11 Agency an intended use plan which outlines the proposed use
12 of funds available to the State. The Agency shall take all
13 actions necessary to secure to the State the benefits of the
14 federal Water Pollution Control Act and the federal Safe
15 Drinking Water Act, as now or hereafter amended.
16 (f) The Agency shall have the power to enter into
17 intergovernmental agreements with the federal government or
18 the State, or any instrumentality thereof, for purposes of
19 capitalizing the Water Revolving Fund. Moneys on deposit in
20 the Water Revolving Fund may be used for the creation of
21 reserve funds or pledged funds that secure the obligations of
22 repayment of loans made pursuant to this Section. For the
23 purpose of obtaining capital for deposit into the Water
24 Revolving Fund, the Agency may also enter into agreements
25 with financial institutions and other persons for the purpose
26 of selling loans and developing a secondary market for such
27 loans. The Agency shall have the power to create and
28 establish such reserve funds and accounts as may be necessary
29 or desirable to accomplish its purposes under this subsection
30 and to allocate its available moneys into such funds and
31 accounts. Investment earnings on moneys held in the Water
32 Revolving Fund, including any reserve fund or pledged fund,
33 shall be deposited into the Water Revolving Fund.
34 (Source: P.A. 91-36, eff. 6-15-99; 91-52, eff. 6-30-99;
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1 91-501, eff. 8-13-99; 92-16, 6-28-01.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.