Full Text of HB4878 97th General Assembly
HB4878 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4878 Introduced 2/3/2012, by Rep. Tom Cross - David Reis SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/13 | from Ch. 111 1/2, par. 1013 |
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Amends the Environmental Protection Act. Makes a technical change in a provision concerning regulations.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 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 Section 13 as follows:
| 6 | | (415 ILCS 5/13) (from Ch. 111 1/2, par. 1013)
| 7 | | Sec. 13. Regulations.
| 8 | | (a) The The Board, pursuant to procedures prescribed in | 9 | | Title VII of
this Act, may adopt regulations to promote the | 10 | | purposes and provisions
of this Title. Without limiting the | 11 | | generality of this authority, such
regulations may among other | 12 | | things prescribe:
| 13 | | (1) Water quality standards specifying among other | 14 | | things, the
maximum short-term and long-term | 15 | | concentrations of various contaminants
in the waters, the | 16 | | minimum permissible concentrations of dissolved
oxygen and | 17 | | other desirable matter in the waters, and the temperature | 18 | | of
such waters;
| 19 | | (2) Effluent standards specifying the maximum amounts | 20 | | or
concentrations, and the physical, chemical, thermal, | 21 | | biological and
radioactive nature of contaminants that may | 22 | | be discharged into the
waters of the State, as defined | 23 | | herein, including, but not limited to,
waters to any sewage |
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| 1 | | works, or into any well, or from any source within
the | 2 | | State;
| 3 | | (3) Standards for the issuance of permits for | 4 | | construction,
installation, or operation of any equipment, | 5 | | facility, vessel, or
aircraft capable of causing or | 6 | | contributing to water pollution or
designed to prevent | 7 | | water pollution or for the construction or
installation of | 8 | | any sewer or sewage treatment facility or any new outlet
| 9 | | for contaminants into the waters of this State;
| 10 | | (4) The circumstances under which the operators of | 11 | | sewage works are
required to obtain and maintain | 12 | | certification by the Agency under Section
13.5 and the | 13 | | types of sewage works to which those requirements apply, | 14 | | which
may, without limitation, include wastewater | 15 | | treatment works, pretreatment
works, and sewers and | 16 | | collection systems;
| 17 | | (5) Standards for the filling or sealing of abandoned | 18 | | water wells
and holes, and holes for disposal of drainage | 19 | | in order to protect ground
water against 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 accordance
| 25 | | with the "Illinois Pesticide Act", approved August 14, 1979 | 26 | | as amended;
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| 1 | | (7) Alert and abatement standards relative to | 2 | | water-pollution
episodes or emergencies which constitute | 3 | | an acute danger to health or to
the environment;
| 4 | | (8) Requirements and procedures for the inspection of | 5 | | any
equipment, facility, or vessel that may cause or | 6 | | contribute to water
pollution;
| 7 | | (9) Requirements and standards for equipment and | 8 | | procedures for
monitoring contaminant discharges at their | 9 | | sources, the collection of
samples and the collection, | 10 | | reporting and retention of data resulting
from such | 11 | | monitoring.
| 12 | | (b) Notwithstanding other provisions of this Act and for | 13 | | purposes of
implementing an NPDES program, the Board shall | 14 | | adopt:
| 15 | | (1) Requirements, standards, and procedures which, | 16 | | together with
other regulations adopted pursuant to this | 17 | | Section 13, are necessary or
appropriate to enable the | 18 | | State of Illinois to implement and participate
in the | 19 | | National Pollutant Discharge Elimination System (NPDES) | 20 | | pursuant
to and under the Federal Water Pollution Control | 21 | | Act, as now or hereafter
amended. All regulations adopted | 22 | | by the Board governing the
NPDES program shall be | 23 | | consistent with the applicable provisions of such
federal | 24 | | Act and regulations pursuant thereto, and otherwise shall | 25 | | be
consistent with all other provisions of this Act, and | 26 | | shall exclude from
the requirement to obtain any operating |
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| 1 | | permit otherwise required under
this Title a facility for | 2 | | which an NPDES permit has been issued under
Section 39(b); | 3 | | provided, however, that for purposes of this paragraph, a
| 4 | | UIC permit, as required under Section 12(g) and 39(d) of | 5 | | this Act, is not
an operating permit.
| 6 | | (2) Regulations for the exemption of any category or | 7 | | categories of
persons or contaminant sources from the | 8 | | requirement to obtain any NPDES permit
prescribed or from | 9 | | any standards or conditions governing such permit when the
| 10 | | environment will be adequately protected without the | 11 | | requirement of such
permit, and such exemption is either | 12 | | consistent with the Federal Water
Pollution Control Act, as | 13 | | now or hereafter amended, or regulations
pursuant thereto, | 14 | | or is necessary to avoid an arbitrary or unreasonable
| 15 | | hardship to such category or categories of persons or | 16 | | sources.
| 17 | | (c) In accordance with Section 7.2, and notwithstanding any | 18 | | other provisions
of this Act, for purposes of implementing a | 19 | | State UIC program, the Board shall
adopt regulations which are | 20 | | identical in substance to federal regulations or
amendments | 21 | | thereto promulgated by the Administrator of the United States
| 22 | | Environmental Protection Agency in accordance with Section | 23 | | 1421 of the Safe
Drinking Water Act (P.L. 93-523), as amended. | 24 | | The Board may consolidate
into a single rulemaking under this | 25 | | Section all such federal regulations
adopted within a period of | 26 | | time not to exceed 6 months. The provisions and
requirements of |
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| 1 | | Title VII of this Act shall not apply to regulations
adopted | 2 | | under this subsection. Section 5-35 of the Illinois
| 3 | | Administrative Procedure Act relating to procedures for | 4 | | rulemaking shall not
apply to regulations adopted under this | 5 | | subsection.
| 6 | | (d) The Board may adopt regulations relating to a State UIC | 7 | | program that
are not inconsistent with and are at least as | 8 | | stringent as the Safe Drinking
Water Act (P.L. 93-523), as | 9 | | amended, or regulations adopted thereunder.
Regulations | 10 | | adopted pursuant to this subsection shall be adopted in
| 11 | | accordance with the provisions and requirements of Title VII of | 12 | | this Act
and the procedures for rulemaking in Section 5-35 of | 13 | | the Illinois
Administrative Procedure Act.
| 14 | | (Source: P.A. 93-170, eff. 7-10-03.)
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