Illinois General Assembly - Full Text of HB3046
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Full Text of HB3046  103rd General Assembly


Sen. Ram Villivalam

Filed: 5/1/2024





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2    AMENDMENT NO. ______. Amend House Bill 3046 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 12 and by adding Sections 12.7 and 14.8 as
7    (415 ILCS 5/12)  (from Ch. 111 1/2, par. 1012)
8    Sec. 12. Actions prohibited. No person shall:
9    (a) Cause or threaten or allow the discharge of any
10contaminants into the environment in any State so as to cause
11or tend to cause water pollution in Illinois, either alone or
12in combination with matter from other sources, or so as to
13violate regulations or standards adopted by the Pollution
14Control Board under this Act. Notwithstanding any provision of
15law to the contrary, compliance with the terms and conditions
16of a permit issued under Section 39(b) of the Act for a permit



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1that authorizes reuse of wastewater for irrigation shall be
2deemed compliance with this subsection.
3    (b) Construct, install, or operate any equipment,
4facility, vessel, or aircraft capable of causing or
5contributing to water pollution, or designed to prevent water
6pollution, of any type designated by Board regulations,
7without a permit granted by the Agency, or in violation of any
8conditions imposed by such permit.
9    (c) Increase the quantity or strength of any discharge of
10contaminants into the waters, or construct or install any
11sewer or sewage treatment facility or any new outlet for
12contaminants into the waters of this State, without a permit
13granted by the Agency.
14    (d) Deposit any contaminants upon the land in such place
15and manner so as to create a water pollution hazard.
16    (e) Sell, offer, or use any article in any area in which
17the Board has by regulation forbidden its sale, offer, or use
18for reasons of water pollution control.
19    (f) Cause, threaten or allow the discharge of any
20contaminant into the waters of the State, as defined herein,
21including but not limited to, waters to any sewage works, or
22into any well or from any point source within the State,
23without an NPDES permit for point source discharges issued by
24the Agency under Section 39(b) of this Act, or in violation of
25any term or condition imposed by such permit, or in violation
26of any NPDES permit filing requirement established under



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1Section 39(b), or in violation of any regulations adopted by
2the Board or of any order adopted by the Board with respect to
3the NPDES program.
4    No permit shall be required under this subsection and
5under Section 39(b) of this Act for any discharge for which a
6permit is not required under the Federal Water Pollution
7Control Act, as now or hereafter amended, and regulations
8pursuant thereto.
9    For all purposes of this Act, a permit issued by the
10Administrator of the United States Environmental Protection
11Agency under Section 402 of the Federal Water Pollution
12Control Act, as now or hereafter amended, shall be deemed to be
13a permit issued by the Agency pursuant to Section 39(b) of this
14Act. However, this shall not apply to the exclusion from the
15requirement of an operating permit provided under Section
17    Compliance with the terms and conditions of any permit
18issued under Section 39(b) of this Act shall be deemed
19compliance with this subsection except that it shall not be
20deemed compliance with any standard or effluent limitation
21imposed for a toxic pollutant injurious to human health.
22    In any case where a permit has been timely applied for
23pursuant to Section 39(b) of this Act but final administrative
24disposition of such application has not been made, it shall
25not be a violation of this subsection to discharge without
26such permit unless the complainant proves that final



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1administrative disposition has not been made because of the
2failure of the applicant to furnish information reasonably
3required or requested in order to process the application.
4    (g) Cause, threaten or allow the underground injection of
5contaminants without a UIC permit issued by the Agency under
6Section 39(d) of this Act, or in violation of any term or
7condition imposed by such permit, or in violation of any
8regulations or standards adopted by the Board or of any order
9adopted by the Board with respect to the UIC program.
10    No permit shall be required under this subsection and
11under Section 39(d) of this Act for any underground injection
12of contaminants for which a permit is not required under Part C
13of the Safe Drinking Water Act (P.L. 93-523), as amended,
14unless a permit is authorized or required under regulations
15adopted by the Board pursuant to Section 13 of this Act.
16    (h) Introduce contaminants into a sewage works from any
17nondomestic source except in compliance with the regulations
18and standards adopted by the Board under this Act.
19    (i) Beginning January 1, 2013 or 6 months after the date of
20issuance of a general NPDES permit for surface discharging
21private sewage disposal systems by the Illinois Environmental
22Protection Agency or by the United States Environmental
23Protection Agency, whichever is later, construct or install a
24surface discharging private sewage disposal system that
25discharges into the waters of the United States, as that term
26is used in the Federal Water Pollution Control Act, unless he



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1or she has a coverage letter under a NPDES permit issued by the
2Illinois Environmental Protection Agency or by the United
3States Environmental Protection Agency or he or she is
4constructing or installing the surface discharging private
5sewage disposal system in a jurisdiction in which the local
6public health department has a general NPDES permit issued by
7the Illinois Environmental Protection Agency or by the United
8States Environmental Protection Agency and the surface
9discharging private sewage disposal system is covered under
10the general NPDES permit.
11(Source: P.A. 96-801, eff. 1-1-10; 97-1081, eff. 8-24-12.)
12    (415 ILCS 5/12.7 new)
13    Sec. 12.7. Wastewater reuse. Notwithstanding any other
14provision of law, the use of treated municipal wastewater from
15a publicly owned treatment works is authorized for irrigation
16when conducted in accordance with a permit issued under
17Section 39(b) of the Act.
18    (415 ILCS 5/14.8 new)
19    Sec. 14.8. Recycled sewage treatment plant effluent reuse.
20The Agency may propose and the Board shall adopt:
21        (1) amendments to the Board's primary drinking water
22    standards that will repeal the prohibition on the use of
23    recycled sewage treatment plant effluent set forth in
24    subsection (c) of 35 Ill. Adm. Code 611.231 and that will



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1    make any other revisions to those rules that are necessary
2    to facilitate water reuse in the State; and
3        (2) rules establishing programs for direct potable
4    reuse of treated wastewater, including rules establishing
5    permitting standards and a permit application process.".