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



HB3046 EnrolledLRB103 29657 CPF 56059 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17that authorizes reuse of wastewater for irrigation shall be
18deemed compliance with this subsection.
19    (b) Construct, install, or operate any equipment,
20facility, vessel, or aircraft capable of causing or
21contributing to water pollution, or designed to prevent water
22pollution, of any type designated by Board regulations,
23without a permit granted by the Agency, or in violation of any



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1conditions imposed by such permit.
2    (c) Increase the quantity or strength of any discharge of
3contaminants into the waters, or construct or install any
4sewer or sewage treatment facility or any new outlet for
5contaminants into the waters of this State, without a permit
6granted by the Agency.
7    (d) Deposit any contaminants upon the land in such place
8and manner so as to create a water pollution hazard.
9    (e) Sell, offer, or use any article in any area in which
10the Board has by regulation forbidden its sale, offer, or use
11for reasons of water pollution control.
12    (f) Cause, threaten or allow the discharge of any
13contaminant into the waters of the State, as defined herein,
14including but not limited to, waters to any sewage works, or
15into any well or from any point source within the State,
16without an NPDES permit for point source discharges issued by
17the Agency under Section 39(b) of this Act, or in violation of
18any term or condition imposed by such permit, or in violation
19of any NPDES permit filing requirement established under
20Section 39(b), or in violation of any regulations adopted by
21the Board or of any order adopted by the Board with respect to
22the NPDES program.
23    No permit shall be required under this subsection and
24under Section 39(b) of this Act for any discharge for which a
25permit is not required under the Federal Water Pollution
26Control Act, as now or hereafter amended, and regulations



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1pursuant thereto.
2    For all purposes of this Act, a permit issued by the
3Administrator of the United States Environmental Protection
4Agency under Section 402 of the Federal Water Pollution
5Control Act, as now or hereafter amended, shall be deemed to be
6a permit issued by the Agency pursuant to Section 39(b) of this
7Act. However, this shall not apply to the exclusion from the
8requirement of an operating permit provided under Section
10    Compliance with the terms and conditions of any permit
11issued under Section 39(b) of this Act shall be deemed
12compliance with this subsection except that it shall not be
13deemed compliance with any standard or effluent limitation
14imposed for a toxic pollutant injurious to human health.
15    In any case where a permit has been timely applied for
16pursuant to Section 39(b) of this Act but final administrative
17disposition of such application has not been made, it shall
18not be a violation of this subsection to discharge without
19such permit unless the complainant proves that final
20administrative disposition has not been made because of the
21failure of the applicant to furnish information reasonably
22required or requested in order to process the application.
23    (g) Cause, threaten or allow the underground injection of
24contaminants without a UIC permit issued by the Agency under
25Section 39(d) of this Act, or in violation of any term or
26condition imposed by such permit, or in violation of any



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1regulations or standards adopted by the Board or of any order
2adopted by the Board with respect to the UIC program.
3    No permit shall be required under this subsection and
4under Section 39(d) of this Act for any underground injection
5of contaminants for which a permit is not required under Part C
6of the Safe Drinking Water Act (P.L. 93-523), as amended,
7unless a permit is authorized or required under regulations
8adopted by the Board pursuant to Section 13 of this Act.
9    (h) Introduce contaminants into a sewage works from any
10nondomestic source except in compliance with the regulations
11and standards adopted by the Board under this Act.
12    (i) Beginning January 1, 2013 or 6 months after the date of
13issuance of a general NPDES permit for surface discharging
14private sewage disposal systems by the Illinois Environmental
15Protection Agency or by the United States Environmental
16Protection Agency, whichever is later, construct or install a
17surface discharging private sewage disposal system that
18discharges into the waters of the United States, as that term
19is used in the Federal Water Pollution Control Act, unless he
20or she has a coverage letter under a NPDES permit issued by the
21Illinois Environmental Protection Agency or by the United
22States Environmental Protection Agency or he or she is
23constructing or installing the surface discharging private
24sewage disposal system in a jurisdiction in which the local
25public health department has a general NPDES permit issued by
26the Illinois Environmental Protection Agency or by the United



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1States Environmental Protection Agency and the surface
2discharging private sewage disposal system is covered under
3the general NPDES permit.
4(Source: P.A. 96-801, eff. 1-1-10; 97-1081, eff. 8-24-12.)
5    (415 ILCS 5/12.7 new)
6    Sec. 12.7. Wastewater reuse. Notwithstanding any other
7provision of law, the use of treated municipal wastewater from
8a publicly owned treatment works is authorized for irrigation
9when conducted in accordance with a permit issued under
10Section 39(b) of the Act.
11    (415 ILCS 5/14.8 new)
12    Sec. 14.8. Recycled sewage treatment plant effluent reuse.
13The Agency may propose and the Board shall adopt:
14        (1) amendments to the Board's primary drinking water
15    standards that will repeal the prohibition on the use of
16    recycled sewage treatment plant effluent set forth in
17    subsection (c) of 35 Ill. Adm. Code 611.231 and that will
18    make any other revisions to those rules that are necessary
19    to facilitate water reuse in the State; and
20        (2) rules establishing programs for direct potable
21    reuse of treated wastewater, including rules establishing
22    permitting standards and a permit application process.