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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Private Sewage Disposal Licensing Act is | ||||||||||||||||||||||||||||||||||
5 | amended by changing Sections 3, 7, and 10.5 as follows:
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6 | (225 ILCS 225/3) (from Ch. 111 1/2, par. 116.303)
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7 | Sec. 3. As used in this Act, unless the context otherwise | ||||||||||||||||||||||||||||||||||
8 | requires: | ||||||||||||||||||||||||||||||||||
9 | (1) "Domestic Sewage" means waste water derived | ||||||||||||||||||||||||||||||||||
10 | principally from
dwellings, business or office buildings, | ||||||||||||||||||||||||||||||||||
11 | institutions, food service
establishments, and similar | ||||||||||||||||||||||||||||||||||
12 | facilities.
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13 | (2) "Director" means Director of the Illinois Department of | ||||||||||||||||||||||||||||||||||
14 | Public Health.
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15 | (3) "Department" means the Illinois Department of Public | ||||||||||||||||||||||||||||||||||
16 | Health.
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17 | (4) "Human Wastes" means undigested food and by-products of | ||||||||||||||||||||||||||||||||||
18 | metabolism
which are passed out of the human body.
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19 | (5) "Person" means any individual, group of individuals, | ||||||||||||||||||||||||||||||||||
20 | association,
trust, partnership, corporation, person doing | ||||||||||||||||||||||||||||||||||
21 | business under an assumed
name, the State of Illinois or any | ||||||||||||||||||||||||||||||||||
22 | Department thereof, or any other entity.
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23 | (6) "Population Equivalent" means an average waste loading |
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| |||||||
1 | equivalent to
that produced by one person which is defined as | ||||||
2 | 100 gallons per day.
| ||||||
3 | (7) "Private Sewage Disposal System" means any sewage | ||||||
4 | handling or
treatment facility receiving domestic sewage from | ||||||
5 | less than 15 people or
population equivalent and having a | ||||||
6 | ground surface discharge or any sewage
handling or treatment | ||||||
7 | facility receiving domestic sewage and having no
ground surface | ||||||
8 | discharge.
| ||||||
9 | (8) "Private Sewage Disposal System Installation | ||||||
10 | Contractor" means
any person constructing, installing, | ||||||
11 | repairing, modifying, or
maintaining private sewage disposal | ||||||
12 | systems.
| ||||||
13 | (9) "Property Owner" means the person in whose name legal | ||||||
14 | title to the
real estate is recorded.
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15 | (10) "Waste" means either human waste or domestic sewage or | ||||||
16 | both.
| ||||||
17 | (11) "Private Sewage Disposal System Pumping Contractor" | ||||||
18 | means any
person who cleans or pumps waste from a private | ||||||
19 | sewage disposal system or
hauls or disposes of wastes removed | ||||||
20 | therefrom.
| ||||||
21 | (12) "NPDES" means the National Pollutant Discharge | ||||||
22 | Elimination System.
| ||||||
23 | (13) "Surface Discharging Septic System" means a septic | ||||||
24 | system that discharges liquid waste directly or indirectly to a | ||||||
25 | collection tile, a natural drainage way, or the waters of the | ||||||
26 | State. |
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1 | (14) "Waters of the State" means all intrastate and | ||||||
2 | interstate bodies of water, including lakes, rivers, streams | ||||||
3 | (including intermittent streams), mudflats, sandflats, | ||||||
4 | wetlands, sloughs, prairie potholes, wet meadows, and any | ||||||
5 | impoundment of water, and their conveyances, including | ||||||
6 | ditches, cracks, crevices, and runoffs.
| ||||||
7 | (Source: P.A. 84-670 .)
| ||||||
8 | (225 ILCS 225/7) (from Ch. 111 1/2, par. 116.307)
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9 | Sec. 7. (a) The Department shall promulgate and publish and | ||||||
10 | may from time to time
amend a private sewage disposal code | ||||||
11 | which shall include minimum standards
for the design, | ||||||
12 | construction, materials, operation and maintenance of
private | ||||||
13 | sewage disposal systems, for the transportation and disposal of
| ||||||
14 | wastes removed therefrom and for private sewage disposal system | ||||||
15 | servicing
equipment. In the preparation of the private sewage | ||||||
16 | disposal code, the
Department may consult with and request | ||||||
17 | technical assistance from other
state agencies, and shall | ||||||
18 | consult with other technically qualified
persons
and with | ||||||
19 | owners and operators of such services.
Such technically | ||||||
20 | qualified persons shall include representatives of the real
| ||||||
21 | estate, development, and building industries.
| ||||||
22 | (b) The Department is expressly prohibited from amending | ||||||
23 | the private sewage
disposal code by rule if there are increases | ||||||
24 | in the land density requirements.
Amendments that increase the | ||||||
25 | land density requirements must be approved by the
Illinois |
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| |||||||
1 | General Assembly.
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2 | (c) Beginning July 15, 2008, surface discharging septic | ||||||
3 | systems may not be installed by any person without a NPDES | ||||||
4 | permit issued by the Illinois Environmental Protection Agency, | ||||||
5 | and the private sewage disposal code must be so amended. The | ||||||
6 | Department may not independently and without the participation | ||||||
7 | of the Illinois Environmental Protection Agency permit the | ||||||
8 | installation by any person of a surface discharging septic | ||||||
9 | system.
| ||||||
10 | (d) Except as provided in subsection (c) of this Section, | ||||||
11 | before
Before the adoption or amendment of the private sewage | ||||||
12 | disposal code,
the Department shall hold a public hearing with | ||||||
13 | respect thereto. At least
20 days' notice for such public | ||||||
14 | hearing shall be given by the Department in
such manner as the | ||||||
15 | Department considers adequate to bring such hearing to
the | ||||||
16 | attention of persons interested in such code. Notice of such | ||||||
17 | public
hearing shall be given by the Department to those who | ||||||
18 | file a request for a
notice of any such hearings.
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19 | (Source: P.A. 88-690, eff. 1-24-95.)
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20 | (225 ILCS 225/10.5)
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21 | Sec. 10.5. Advisory Commission.
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22 | (a) There is hereby created the Advisory Commission on
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23 | Private Sewage Disposal, which shall consist of 17 members to | ||||||
24 | be
appointed from time to time by the Director. Of the initial | ||||||
25 | appointments, 5
members shall be appointed to serve a one-year |
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1 | term, 5 members to serve a
2-year term, and 7 members to serve | ||||||
2 | a 3-year term. The Advisory
Commission shall be comprised of at | ||||||
3 | least one representative of each of the
following: the Illinois | ||||||
4 | Public Health Association, the Home Builders
Association of | ||||||
5 | Illinois, the Illinois
Association of Realtors, the Illinois | ||||||
6 | Environmental Protection
Agency, the Illinois
Environmental | ||||||
7 | Health Association, the Onsite Wastewater
Professionals of | ||||||
8 | Illinois, Inc., the Illinois Association of Local
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9 | Environmental Health Administrators, the Illinois Precast | ||||||
10 | Concrete
Association, the Illinois Land Improvement | ||||||
11 | Contractors Association,
the Illinois Soil Classifier | ||||||
12 | Association, and the Illinois Onsite Wastewater
Association.
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13 | The Director shall appoint one member to serve as chairperson.
| ||||||
14 | (b) The Advisory Commission shall advise and aid the | ||||||
15 | Director
in:
| ||||||
16 | (1) reviewing and suggesting changes to the State code
| ||||||
17 | developed under Section 7, including but not limited to
| ||||||
18 | proposing performance-based standards for the
design, | ||||||
19 | construction, operation, and maintenance of
private sewage | ||||||
20 | disposal systems;
| ||||||
21 | (2) propose methods for funding private sewage
| ||||||
22 | disposal services and for reimbursement of units of
local | ||||||
23 | government for expenses incurred in
administering this Act | ||||||
24 | as agents of the State;
| ||||||
25 | (3) examining the need for more stringent licensing
| ||||||
26 | requirements under this Act, including but not limited
to |
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1 | an apprenticeship program as a condition of original
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2 | licensure and the issuance of advanced skill licenses;
| ||||||
3 | (4) developing continuing education requirements for
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4 | persons licensed under this Act;
| ||||||
5 | (5) considering the need for continuing testing | ||||||
6 | programs
for private sewage disposal systems;
| ||||||
7 | (6) developing a research and development program to | ||||||
8 | examine private
sewage disposal issues that affect public | ||||||
9 | health and examining funding options
for the program;
| ||||||
10 | (7) developing a training center to educate all persons | ||||||
11 | interested in
learning
more about on-site sewage disposal | ||||||
12 | and to work with universities to provide that
education;
| ||||||
13 | (8) developing an experimental use permit program to | ||||||
14 | set criteria for
testing and reviewing new systems or | ||||||
15 | innovative systems or devices and to
consider oversight of | ||||||
16 | this program by the Advisory Commission;
| ||||||
17 | (9) examining the need for a uniform State license to | ||||||
18 | install,
construct, maintain, or operate systems or to | ||||||
19 | pump, haul, or dispose of septage
without the need for a | ||||||
20 | license from a unit of local government; and
| ||||||
21 | (10) reviewing and suggesting methods for mitigating | ||||||
22 | the negative impacts of existing surface discharging | ||||||
23 | septic systems operating throughout the State; and
| ||||||
24 | (11)
(10) performing other duties from time to time on | ||||||
25 | the
request of the Director.
| ||||||
26 | (c) The Advisory Commission shall submit an annual report |
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1 | to
the Director regarding its findings and recommendations | ||||||
2 | under
subsection (b).
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3 | (d) Members of the Advisory Commission may be reimbursed
| ||||||
4 | for actual and necessary expenses incurred in the performance | ||||||
5 | of
their duties under this Act.
| ||||||
6 | (e) Members of the Advisory Commission shall be immune
from | ||||||
7 | suit in any action based on an act performed in good faith as a
| ||||||
8 | member of the Advisory Commission.
| ||||||
9 | (f) The Advisory Commission shall meet at least | ||||||
10 | semi-annually.
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11 | (g) A State officer, department, board, agency, division, | ||||||
12 | or commission or
a unit of local government may provide a | ||||||
13 | service to the Advisory Commission
that is (1) requested by the | ||||||
14 | Advisory Commission and (2) within the scope of
the person's or | ||||||
15 | entity's governmental functions as established by law.
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16 | (Source: P.A. 90-151, eff. 7-23-97.)
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17 | Section 10. The Environmental Protection Act is amended by | ||||||
18 | changing Sections 11 and 12 and by adding Section 3.487 as | ||||||
19 | follows: | ||||||
20 | (415 ILCS 5/3.487 new)
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21 | Sec. 3.487. Surface discharging septic system. "Surface | ||||||
22 | discharging septic system" means a septic system that | ||||||
23 | discharges liquid waste directly or indirectly to a collection | ||||||
24 | tile, a natural drainage way, or the waters of the State.
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1 | (415 ILCS 5/11) (from Ch. 111 1/2, par. 1011)
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2 | Sec. 11. (a) The General Assembly finds:
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3 | (1) that pollution of the waters of this State constitutes | ||||||
4 | a menace
to public health and welfare, creates public | ||||||
5 | nuisances, is harmful to
wildlife, fish, and aquatic life, | ||||||
6 | impairs domestic, agricultural,
industrial, recreational, and | ||||||
7 | other legitimate beneficial uses of water,
depresses property | ||||||
8 | values, and offends the senses;
| ||||||
9 | (2) that the Federal Water Pollution Control Act, as now or | ||||||
10 | hereafter amended,
provides for a National Pollutant Discharge | ||||||
11 | Elimination System (NPDES)
to regulate the discharge of | ||||||
12 | contaminants to the waters of the United States;
| ||||||
13 | (3) that the Safe Drinking Water Act (P.L. 93-523), as | ||||||
14 | amended, provides
for an Underground Injection Control (UIC) | ||||||
15 | program to regulate the underground
injection of contaminants;
| ||||||
16 | (4) that it would be inappropriate and misleading for the | ||||||
17 | State of Illinois
to issue permits to contaminant sources | ||||||
18 | subject to such federal law, as
well as State law, which do not | ||||||
19 | contain such terms and conditions as are
required by federal | ||||||
20 | law, or the issuance of which is contrary to federal law;
| ||||||
21 | (5) that the Federal Water Pollution Control Act, as now or | ||||||
22 | hereafter amended,
provides that NPDES permits shall be issued | ||||||
23 | by the United States
Environmental Protection Agency unless (a) | ||||||
24 | the State is authorized by and
under its law to establish and | ||||||
25 | administer its own permit program for discharges
into waters |
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1 | within its jurisdiction, and (b) pursuant to such federal Act,
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2 | the Administrator of the United States Environmental | ||||||
3 | Protection Agency approves
such State program to issue permits | ||||||
4 | which will implement the provisions
of such federal Act;
| ||||||
5 | (6) that Part C of the Safe Drinking Water Act (P.L. | ||||||
6 | 93-523), as amended,
provides that the United States | ||||||
7 | Environmental Protection Agency shall implement
the UIC | ||||||
8 | program authorized therein unless (a) the State is authorized | ||||||
9 | by
and under its law to establish and administer its own UIC | ||||||
10 | program, and (b)
pursuant to such federal Act, the | ||||||
11 | Administrator of the United States
Environmental Protection | ||||||
12 | Agency approves such State program which will
implement the | ||||||
13 | provisions of such federal Act;
| ||||||
14 | (7) that it is in the interest of the People of the State | ||||||
15 | of Illinois
for the State to authorize such NPDES and UIC | ||||||
16 | programs and secure federal
approval thereof, and thereby to | ||||||
17 | avoid the existence of duplicative,
overlapping or conflicting | ||||||
18 | state and federal statutory permit systems;
| ||||||
19 | (8) that the federal requirements for the securing of such
| ||||||
20 | NPDES and UIC permit program approval, as set forth in the | ||||||
21 | Federal Water
Pollution Control Act, as now or hereafter | ||||||
22 | amended,
and in the Safe
Drinking Water Act (P.L. 93-523), as | ||||||
23 | amended, respectively, and in regulations
promulgated by the | ||||||
24 | Administrator of the United States Environmental Protection
| ||||||
25 | Agency pursuant thereto are complex and detailed, and the | ||||||
26 | General Assembly
cannot conveniently or advantageously set |
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| |||||||
1 | forth in this Act all the
requirements of such federal Act or | ||||||
2 | all regulations which may be
established thereunder ; and | ||||||
3 | (9) State compliance with NPDES requires the Illinois | ||||||
4 | Environmental Protection Agency to take regulatory authority | ||||||
5 | over and grant permits for the installation and current | ||||||
6 | operation of surface discharging septic systems .
| ||||||
7 | (b) It is the purpose of this Title to restore, maintain | ||||||
8 | and enhance the
purity of the waters of this State in order to | ||||||
9 | protect health, welfare,
property, and the quality of life, and | ||||||
10 | to assure that no contaminants are
discharged into the waters | ||||||
11 | of the State, as defined herein, including, but not
limited to, | ||||||
12 | waters to any sewage works, or into any well, or from any | ||||||
13 | source
within the State of Illinois, without being given the | ||||||
14 | degree of treatment
or control necessary to prevent pollution, | ||||||
15 | or without being made subject
to such conditions as are | ||||||
16 | required to achieve and maintain compliance with
State and | ||||||
17 | federal law; and to authorize, empower, and direct the Board to
| ||||||
18 | adopt such regulations and the Agency to adopt such procedures | ||||||
19 | as will enable
the State to secure federal approval to issue | ||||||
20 | NPDES permits pursuant to
the provisions of the Federal Water | ||||||
21 | Pollution Control Act, as now or
hereafter amended, and federal | ||||||
22 | regulations pursuant thereto and to
authorize, empower, and | ||||||
23 | direct the Board to adopt such regulations and the
Agency to | ||||||
24 | adopt such procedures as will enable the State to secure | ||||||
25 | federal
approval of the State UIC program pursuant to the | ||||||
26 | provisions of Part C of
the Safe Drinking Water Act (P.L. |
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| |||||||
1 | 93-523), as amended, and federal
regulations pursuant thereto.
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2 | (c) The provisions of this Act authorizing implementation | ||||||
3 | of the regulations
pursuant to an NPDES program shall not be | ||||||
4 | construed to limit, affect, impair,
or diminish the authority, | ||||||
5 | duties and responsibilities of the Board, Agency,
Department or | ||||||
6 | any other governmental agency or officer, or of any unit of | ||||||
7 | local
government, to regulate and control pollution of any | ||||||
8 | kind, to restore, to
protect or to enhance the quality of the | ||||||
9 | environment, or to achieve all
other purposes, or to enforce | ||||||
10 | provisions, set forth in this Act or other
State law or | ||||||
11 | regulation.
| ||||||
12 | (Source: P.A. 86-671.)
| ||||||
13 | (415 ILCS 5/12) (from Ch. 111 1/2, par. 1012)
| ||||||
14 | Sec. 12. Actions prohibited. No person shall:
| ||||||
15 | (a) Cause or threaten or allow the discharge of any | ||||||
16 | contaminants
into the environment in any State so as to cause | ||||||
17 | or tend to cause water
pollution in Illinois, either alone or | ||||||
18 | in combination with matter from
other sources, or so as to | ||||||
19 | violate regulations or standards adopted by
the Pollution | ||||||
20 | Control Board under this Act.
| ||||||
21 | (b) Construct, install, or operate any equipment, | ||||||
22 | facility, vessel,
or aircraft capable of causing or | ||||||
23 | contributing to water pollution, or
designed to prevent water | ||||||
24 | pollution, of any type designated by Board
regulations, without | ||||||
25 | a permit granted by the Agency, or in violation of
any |
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| |||||||
1 | conditions imposed by such permit.
| ||||||
2 | (c) Increase the quantity or strength of any discharge of
| ||||||
3 | contaminants into the waters, or construct or install any sewer | ||||||
4 | or
sewage treatment facility or any new outlet for contaminants | ||||||
5 | into the
waters of this State, without a permit granted by the | ||||||
6 | Agency.
| ||||||
7 | (d) Deposit any contaminants upon the land in such place | ||||||
8 | and manner
so as to create a water pollution hazard.
| ||||||
9 | (e) Sell, offer, or use any article in any area in which | ||||||
10 | the Board
has by regulation forbidden its sale, offer, or use | ||||||
11 | for reasons of water
pollution control.
| ||||||
12 | (f) Cause, threaten or allow the discharge of any | ||||||
13 | contaminant into
the waters of the State, as defined herein, | ||||||
14 | including but not limited
to, waters to any sewage works, or | ||||||
15 | into any well or from any point
source within the State, | ||||||
16 | without an NPDES permit for point source
discharges issued by | ||||||
17 | the Agency under Section 39(b) of this Act, or in
violation of | ||||||
18 | any term or condition imposed by such permit, or in
violation | ||||||
19 | of any NPDES permit filing requirement established under
| ||||||
20 | Section 39(b), or in violation of any regulations adopted by | ||||||
21 | the Board
or of any order adopted by the Board with respect to | ||||||
22 | the NPDES program.
| ||||||
23 | No permit shall be required under this subsection and under | ||||||
24 | Section
39(b) of this Act for any discharge for which a permit | ||||||
25 | is not required
under the Federal Water Pollution Control Act, | ||||||
26 | as now or hereafter
amended, and regulations pursuant thereto.
|
| |||||||
| |||||||
1 | For all purposes of this Act, a permit issued by the | ||||||
2 | Administrator of the
United States Environmental Protection | ||||||
3 | Agency under Section 402 of the Federal
Water Pollution Control | ||||||
4 | Act, as now or hereafter amended, shall be deemed
to be a | ||||||
5 | permit issued by the Agency pursuant to Section 39(b) of this | ||||||
6 | Act.
However, this shall not apply to the exclusion from the | ||||||
7 | requirement of an
operating permit provided under Section | ||||||
8 | 13(b)(i).
| ||||||
9 | Compliance with the terms and conditions of any permit | ||||||
10 | issued under Section
39(b) of this Act shall be deemed | ||||||
11 | compliance with this subsection except
that it shall not be | ||||||
12 | deemed compliance with any standard or effluent limitation
| ||||||
13 | imposed for a toxic pollutant injurious to human health.
| ||||||
14 | In any case where a permit has been timely applied for | ||||||
15 | pursuant to Section
39(b) of this Act but final administrative | ||||||
16 | disposition of such application
has not been made, it shall not | ||||||
17 | be a violation of this subsection to discharge
without such | ||||||
18 | permit unless the complainant proves that final administrative
| ||||||
19 | disposition has not been made because of the failure of the | ||||||
20 | applicant to
furnish information reasonably required or | ||||||
21 | requested in order to process
the application.
| ||||||
22 | (g) Cause, threaten or allow the underground injection of | ||||||
23 | contaminants
without a UIC permit issued by the Agency under | ||||||
24 | Section 39(d) of this Act,
or in violation of any term or | ||||||
25 | condition imposed by such permit, or in violation
of any | ||||||
26 | regulations or standards adopted by the Board or of any order |
| |||||||
| |||||||
1 | adopted
by the Board with respect to the UIC program.
| ||||||
2 | No permit shall be required under this subsection and under | ||||||
3 | Section 39(d)
of this Act for any underground injection of | ||||||
4 | contaminants for which a permit
is not required under Part C of | ||||||
5 | the Safe Drinking Water Act (P.L. 93-523),
as amended, unless a | ||||||
6 | permit is authorized or required under regulations
adopted by | ||||||
7 | the Board pursuant to Section 13 of this Act.
| ||||||
8 | (h) Introduce contaminants into a sewage works from any | ||||||
9 | nondomestic
source except in compliance with the regulations | ||||||
10 | and standards adopted by
the Board under this Act.
| ||||||
11 | (i) Install a surface discharging septic system without an | ||||||
12 | NPDES permit issued by the Agency under Section 39 of this Act | ||||||
13 | for such installation, or in
violation of any term or condition | ||||||
14 | imposed by the permit, or in
violation of any NPDES permit | ||||||
15 | filing requirement established under
Section 39 of this Act, or | ||||||
16 | in violation of any regulations adopted by the Board
or of any | ||||||
17 | order adopted by the Board with respect to the NPDES program.
| ||||||
18 | (Source: P.A. 92-574, eff. 6-26-02.)
| ||||||
19 | Section 99. Effective date. This Act takes effect June 30, | ||||||
20 | 2008.
|