Full Text of SB0577 99th General Assembly
SB0577eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 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 by | 5 | | changing Sections 35, 36, and 38 and by adding Sections 3.547 | 6 | | and 38.5 as follows: | 7 | | (415 ILCS 5/3.547 new) | 8 | | Sec. 3.547. Water quality standards variance. "Water | 9 | | quality standards variance" has the meaning ascribed to that | 10 | | term in 40 CFR 131.3(o).
| 11 | | (415 ILCS 5/35) (from Ch. 111 1/2, par. 1035)
| 12 | | Sec. 35. Variances; general provisions. To the extent | 13 | | consistent with applicable provisions of the
Federal Water | 14 | | Pollution Control Act, as now or hereafter amended, the Federal
| 15 | | Safe Drinking Water Act (P.L. 93-523), as now or hereafter | 16 | | amended, the Clean
Air Act as amended in 1977 (P.L. 95-95), and | 17 | | regulations pursuant thereto, and
to the extent consistent with | 18 | | applicable provisions of the Federal Resource
Conservation and | 19 | | Recovery Act of 1976 (P.L. 94-580), and regulations pursuant
| 20 | | thereto:
| 21 | | (a) The Board may grant individual
variances beyond the | 22 | | limitations prescribed in this Act, whenever it
is found, upon |
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| 1 | | presentation of adequate proof, that compliance with any
rule | 2 | | or regulation, requirement or order of the Board would impose | 3 | | an
arbitrary or unreasonable hardship. However, the Board is | 4 | | not required to
find that an arbitrary or unreasonable hardship | 5 | | exists exclusively because
the regulatory standard is under | 6 | | review and the costs of compliance are
substantial and certain. | 7 | | In granting or denying a variance the Board shall
file and | 8 | | publish a written opinion stating the facts and reasons leading | 9 | | to
its decision.
| 10 | | (b) The Agency shall grant provisional variances whenever
| 11 | | it is found, upon presentation of adequate proof, that | 12 | | compliance on a short
term basis with any rule or
regulation, | 13 | | requirement or order of the Board, or with any permit
| 14 | | requirement, would impose an arbitrary or unreasonable | 15 | | hardship.
| 16 | | (c) Except as provided in subsection (b) of Section 38, | 17 | | water quality standards variances shall be governed solely by | 18 | | Section 38.5 of this Act. | 19 | | (Source: P.A. 93-152, eff. 7-10-03.)
| 20 | | (415 ILCS 5/36) (from Ch. 111 1/2, par. 1036)
| 21 | | Sec. 36. Variances and provisional variances.
| 22 | | (a) In granting a variance pursuant to Section 35 of this | 23 | | Act the Board may impose such
conditions as the policies of | 24 | | this Act may require. If the hardship
complained of consists | 25 | | solely of the need for a reasonable delay in
which to correct a |
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| 1 | | violation of this Act or of the Board regulations,
the Board | 2 | | shall condition the grant of such variance upon the posting of
| 3 | | sufficient performance bond or other security to assure the | 4 | | completion
of the work covered by the variance. The Board shall | 5 | | have no authority
to delegate to the Agency its powers to | 6 | | require such performance bond.
The original amount of such | 7 | | performance bond shall not exceed the
reasonable cost of the | 8 | | work to be completed pursuant to the variance.
The obligation | 9 | | under such bond shall at no time exceed the reasonable
cost of | 10 | | work remaining pursuant to the variance.
| 11 | | (b) Except as provided by Section 38 of this Act, any | 12 | | variance
granted by the Board pursuant to subsection (a) of | 13 | | Section 35 the provisions of this Section shall be granted for
| 14 | | such period of time, not exceeding five years, as shall be | 15 | | specified by
the Board at the time of the grant of such | 16 | | variance, and upon the
condition that the person who receives | 17 | | such variance shall make such
periodic progress reports as the | 18 | | Board shall specify. Such variance may
be extended from year to | 19 | | year by affirmative action of the Board, but
only if | 20 | | satisfactory progress has been shown.
| 21 | | (c) Any provisional variance granted by the Agency pursuant
| 22 | | to subsection (b) of Section 35 shall be for a period of time | 23 | | not to exceed
45 days. A provisional variance may be extended | 24 | | up to an additional 45 days by written decision of the Agency.
| 25 | | The provisional variances granted to any one person shall not | 26 | | exceed a total
of 90 days during any calendar year.
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| 1 | | (Source: P.A. 93-152, eff. 7-10-03.)
| 2 | | (415 ILCS 5/38) (from Ch. 111 1/2, par. 1038)
| 3 | | Sec. 38.
(a) Except as otherwise provided in subsections | 4 | | subsection (c) and (d) , if the
Board fails to take final action | 5 | | upon a variance request within 120 days
after the filing of the | 6 | | petition or the receipt of a request for hearing
pursuant to | 7 | | subsection (a) of Section 37, whichever is later, the
| 8 | | petitioner may deem the request granted under this Act, for a | 9 | | period not to
exceed one year. However, the period of 120 days | 10 | | shall not run for any such
period of time, not to exceed 30 | 11 | | days, during which the Board is without
sufficient membership | 12 | | to constitute the quorum required by subsection (a) of
Section | 13 | | 5 of this Act, provided that such 120 day period shall not be | 14 | | stayed
for lack of quorum beyond 30 days regardless of whether | 15 | | the lack of quorum
exists at the beginning of such 120 day | 16 | | period or occurs during the running of
such 120 day period.
| 17 | | (b) If any person files a petition for a variance from a | 18 | | rule or
regulation pursuant to Section 37 or Section 38.5 | 19 | | within 20 days after the effective date of such rule or
| 20 | | regulation, the operation of such rule or regulation shall be | 21 | | stayed as to such
person pending the disposition of the | 22 | | petition; provided, however, that
the operation of any rule or | 23 | | regulation adopted by the Board which implements,
in whole or | 24 | | in part, a State RCRA, UIC, or NPDES program shall not be | 25 | | stayed.
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| 1 | | The Board may hold a hearing upon said petition 5 days from | 2 | | the date of
notice of such hearing or thereafter. All the | 3 | | provisions of this Title
shall apply to petitions for extension | 4 | | of existing variances and to
proposed Contaminant Reduction | 5 | | programs designed to secure delayed
compliance with the Act or | 6 | | with Board regulations.
| 7 | | (c) Subsection (a) of this Section shall not apply to a | 8 | | request for a variance from
any provision of this Act or any | 9 | | rule or regulation adopted by the Board
which implements, in | 10 | | whole or in part, a State RCRA, UIC, or NPDES program.
If the | 11 | | Board fails to take final action on any request for a variance | 12 | | from
any such rule or regulation within 120 days of the filing | 13 | | of the petition,
the Petitioner shall be entitled to an | 14 | | Appellate Court order pursuant to
Section 41(d) of this Act.
| 15 | | (d) Except as provided in subsection (b) of this Section, | 16 | | water quality standards variances shall be governed solely by | 17 | | Section 38.5 of this Act. | 18 | | (Source: P.A. 87-914.)
| 19 | | (415 ILCS 5/38.5 new) | 20 | | Sec. 38.5. Water quality standards variances. | 21 | | (a) The Board may adopt water quality standards variances | 22 | | not only beyond any limitation otherwise prescribed in this Act | 23 | | or rules adopted under this Act, but also to the full extent | 24 | | allowed under federal law, including the Federal Water | 25 | | Pollution Control Act, as amended, and rules adopted by the |
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| 1 | | United States Environmental Protection Agency under that Act. A | 2 | | water quality standards variance may be adopted under this | 3 | | Section for a watershed or for one or more bodies of water, | 4 | | body of water segments, or dischargers. This Section shall | 5 | | apply to all petitions for water quality standards variances, | 6 | | even if filed prior to the effective date of this amendatory | 7 | | Act of the 99th General Assembly. Any stay granted under | 8 | | Section 38 of this Act shall continue pending disposition of | 9 | | that petition under this Section. | 10 | | (b) Not later than 6 months after the effective date of | 11 | | this amendatory Act of the 99th General Assembly, the Agency | 12 | | shall propose, and not later than 6 months thereafter the Board | 13 | | shall adopt, rules that prescribe the specific procedures and | 14 | | standards to be used by the Board when adopting water quality | 15 | | standards variances. Nothing shall prohibit the Board from | 16 | | adopting water quality standards variances to the full extent | 17 | | allowed under federal law in the absence of these rules. | 18 | | (c) Each Board-approved water quality standards variance | 19 | | other than an individual water quality standards variance shall | 20 | | set forth criteria that shall be used by the Agency to approve | 21 | | or deny petitions for coverage under that water quality | 22 | | standards variance. Any discharger may petition the Agency to | 23 | | obtain coverage under any Board-approved water quality | 24 | | standards variance other than an individual water quality | 25 | | standards variance; the Agency shall use the Board-established | 26 | | criteria to approve or deny coverage under that variance. |
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| 1 | | (d) For petitions for water quality standards variances | 2 | | filed on or after the effective date of the rules adopted | 3 | | pursuant subsection (b) of this Section, the rules adopted | 4 | | pursuant to subsection (b) shall provide the exclusive | 5 | | procedural and substantive requirements for obtaining a water | 6 | | quality standards variance under this Act. | 7 | | (e) Any person filing a petition for a water quality | 8 | | standards variance under this Section shall pay a filing fee to | 9 | | the Board in the amount required for a petition for variance | 10 | | under Section 7.5 of this Act.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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