093_HB3506enr

 
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 1        AN ACT in relation to environmental protection.

 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
 5    by changing Sections 13 and 19.3 and adding Section  13.5  as
 6    follows:

 7        (415 ILCS 5/13) (from Ch. 111 1/2, par. 1013)
 8        Sec. 13. Regulations.
 9        (a)  The  Board,  pursuant  to  procedures  prescribed in
10    Title VII of this Act, may adopt regulations to  promote  the
11    purposes  and provisions of this Title.  Without limiting the
12    generality of this  authority,  such  regulations  may  among
13    other things prescribe:
14             (1)  Water  quality standards specifying among other
15        things,   the   maximum    short-term    and    long-term
16        concentrations of various contaminants in the waters, the
17        minimum  permissible  concentrations  of dissolved oxygen
18        and  other  desirable  matter  in  the  waters,  and  the
19        temperature of such waters;
20             (2)  Effluent  standards  specifying   the   maximum
21        amounts  or  concentrations,  and the physical, chemical,
22        thermal,   biological   and   radioactive    nature    of
23        contaminants  that  may  be discharged into the waters of
24        the State, as defined herein, including, but not  limited
25        to, waters to any sewage works, or into any well, or from
26        any source within the State;
27             (3)  Standards  for  the  issuance  of  permits  for
28        construction,   installation,   or   operation   of   any
29        equipment,  facility,  vessel,  or  aircraft  capable  of
30        causing or contributing to water pollution or designed to
31        prevent  water  pollution  or  for  the  construction  or
 
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 1        installation of any sewer or sewage treatment facility or
 2        any  new  outlet for contaminants into the waters of this
 3        State;
 4             (4)  The circumstances under which the operators  of
 5        sewage   works   are  required  to  obtain  and  maintain
 6        certification by the Agency under Section  13.5  and  the
 7        types  of sewage works to which those requirements apply,
 8        which  may,  without   limitation,   include   wastewater
 9        treatment  works,  pretreatment  works,  and  sewers  and
10        collection  systems;   Standards  for  the definition and
11        certification of the technical  competency  of  operation
12        personnel  for  sewage  works,  and for ascertaining that
13        such works shall be  under  the  supervision  of  trained
14        individuals whose qualifications shall have been approved
15        by the Agency;
16             (5)  Standards   for   the  filling  or  sealing  of
17        abandoned water wells and holes, and holes  for  disposal
18        of  drainage  in  order  to  protect ground water against
19        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
25        accordance  with  the  "Illinois Pesticide Act", approved
26        August 14, 1979 as amended;
27             (7)  Alert  and  abatement  standards  relative   to
28        water-pollution  episodes or emergencies which constitute
29        an acute danger to health or to the environment;
30             (8)  Requirements and procedures for the  inspection
31        of  any  equipment, facility, or vessel that may cause or
32        contribute to water pollution;
33             (9)  Requirements and standards  for  equipment  and
34        procedures for monitoring contaminant discharges at their
 
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 1        sources,  the  collection  of samples and the collection,
 2        reporting and  retention  of  data  resulting  from  such
 3        monitoring.
 4        (b)  Notwithstanding other provisions of this Act and for
 5    purposes  of  implementing  an NPDES program, the Board shall
 6    adopt:
 7             (1)  Requirements, standards, and procedures  which,
 8        together  with other regulations adopted pursuant to this
 9        Section 13, are necessary or appropriate  to  enable  the
10        State  of  Illinois  to  implement and participate in the
11        National Pollutant Discharge Elimination  System  (NPDES)
12        pursuant to and under the Federal Water Pollution Control
13        Act,  as  now  or  hereafter  amended.   All  regulations
14        adopted by the Board governing the NPDES program shall be
15        consistent with the applicable provisions of such federal
16        Act and regulations pursuant thereto, and otherwise shall
17        be  consistent with all other provisions of this Act, and
18        shall  exclude  from  the  requirement  to   obtain   any
19        operating  permit  otherwise  required under this Title a
20        facility for which an NPDES permit has been issued  under
21        Section  39(b);  provided,  however, that for purposes of
22        this paragraph, a UIC permit, as required  under  Section
23        12(g) and 39(d) of this Act, is not an operating permit.
24             (2)  Regulations  for  the exemption of any category
25        or categories of persons or contaminant sources from  the
26        requirement to obtain any NPDES permit prescribed or from
27        any  standards  or  conditions governing such permit when
28        the environment will be adequately protected without  the
29        requirement  of such permit, and such exemption is either
30        consistent with the Federal Water Pollution Control  Act,
31        as  now  or  hereafter  amended,  or regulations pursuant
32        thereto,  or  is  necessary  to  avoid  an  arbitrary  or
33        unreasonable hardship to such category or  categories  of
34        persons or sources.
 
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 1        (c)  In  accordance with Section 7.2, and notwithstanding
 2    any  other  provisions  of  this   Act,   for   purposes   of
 3    implementing  a  State  UIC  program,  the  Board shall adopt
 4    regulations which  are  identical  in  substance  to  federal
 5    regulations   or   amendments   thereto  promulgated  by  the
 6    Administrator of the United States  Environmental  Protection
 7    Agency  in  accordance with Section 1421 of the Safe Drinking
 8    Water  Act  (P.L.  93-523),  as  amended.   The   Board   may
 9    consolidate  into  a single rulemaking under this Section all
10    such federal regulations adopted within a period of time  not
11    to exceed 6 months.  The provisions and requirements of Title
12    VII  of this Act shall not apply to regulations adopted under
13    this subsection. Section 5-35 of the Illinois  Administrative
14    Procedure Act relating to procedures for rulemaking shall not
15    apply to regulations adopted under this subsection.
16        (d) The  Board  may adopt regulations relating to a State
17    UIC program that are not inconsistent with and are  at  least
18    as stringent as the Safe Drinking Water Act (P.L. 93-523), as
19    amended,   or  regulations  adopted  thereunder.  Regulations
20    adopted pursuant to  this  subsection  shall  be  adopted  in
21    accordance  with the provisions and requirements of Title VII
22    of this Act and the procedures for rulemaking in Section 5-35
23    of the Illinois Administrative Procedure Act.
24    (Source: P.A. 88-45.)

25        (415 ILCS 5/13.5 new)
26        Sec. 13.5.  Sewage works; operator certification.
27        (a)  For the purposes of this Section, the  term  "sewage
28    works"  includes,  without  limitation,  wastewater treatment
29    works, pretreatment works, and sewers and collection systems.
30        (b)  The Agency may establish and enforce  standards  for
31    the  definition and certification of the technical competency
32    of personnel who operate sewage works, and  for  ascertaining
33    that  sewage  works  are  under  the  supervision  of trained
 
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 1    individuals whose qualifications have been  approved  by  the
 2    Agency.
 3        (c)  The  Agency  may issue certificates of competency to
 4    persons  meeting  the  standards  of   technical   competency
 5    established  by  the  Agency  under  this  Section,  and  may
 6    promulgate and enforce regulations pertaining to the issuance
 7    and use of those certificates.
 8        (d)  The   Agency   shall  administer  the  certification
 9    program established under this Section.  The Agency may enter
10    into formal working  agreements  with  other  departments  or
11    agencies  of  State  or  local  government under which all or
12    portions of its authority under this Section may be delegated
13    to the cooperating department or agency.
14        (e)  This Section and the  changes  made  to  subdivision
15    (a)(4)  of  Section  13  by  this  amendatory Act of the 93rd
16    General Assembly do not invalidate the operator certification
17    rules previously adopted by the Agency and codified  as  Part
18    380  of  Title  35,  Subtitle  C,  Chapter II of the Illinois
19    Administrative Code.  Those rules, as amended  from  time  to
20    time,  shall  continue in effect until they are superseded or
21    repealed.

22        (415 ILCS 5/19.3) (from Ch. 111 1/2, par. 1019.3)
23        Sec. 19.3.  Water Revolving Fund.
24        (a)  There is hereby created within the State Treasury  a
25    Water   Revolving  Fund,  consisting  of  3  interest-bearing
26    special programs to be known as the Water  Pollution  Control
27    Loan  Program,  the Public Water Supply Loan Program, and the
28    Loan Support Program, which shall be used and administered by
29    the Agency.
30        (b)  The Water Pollution Control Loan  Program  shall  be
31    used and administered by the Agency to provide assistance for
32    the following purposes:
33             (1)  to  accept  and retain funds from grant awards,
 
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 1        appropriations, transfers, and payments of  interest  and
 2        principal;
 3             (2)  to   make  direct  loans  at  or  below  market
 4        interest rates to any eligible local government  unit  to
 5        finance the construction of wastewater treatments works;
 6             (3)  to   make  direct  loans  at  or  below  market
 7        interest rates to any eligible local government  unit  to
 8        buy  or  refinance  debt  obligations for treatment works
 9        incurred after March 7, 1985;
10             (3.5)  to make  direct  loans  at  or  below  market
11        interest  rates  for  the  implementation of a management
12        program established under  Section  319  of  the  Federal
13        Water Pollution Control Act, as amended;
14             (4)  to  guarantee  or  purchase insurance for local
15        obligations where such action would improve credit market
16        access or reduce interest rates;
17             (5)  as a source of  revenue  or  security  for  the
18        payment  of  principal and interest on revenue or general
19        obligation bonds issued by the  State  or  any  political
20        subdivision  or  instrumentality thereof, if the proceeds
21        of such bonds will be deposited in the Fund;
22             (6)  to finance the reasonable costs incurred by the
23        Agency in the administration of the Fund; and
24             (7)  to transfer funds to the  Public  Water  Supply
25        Loan Program (blank).
26        (c)  The   Loan   Support   Program  shall  be  used  and
27    administered by the Agency for the following purposes:
28             (1)  to accept and retain funds  from  grant  awards
29        and appropriations;
30             (2)  to finance the reasonable costs incurred by the
31        Agency  in  the  administration  of  the  Fund, including
32        activities under Title III of  this  Act,  including  the
33        administration of the State construction grant program;
34             (3)  to   transfer  funds  to  the  Water  Pollution
 
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 1        Control Loan Program and the  Public  Water  Supply  Loan
 2        Program;
 3             (4)  to  accept  and  retain  a  portion of the loan
 4        repayments;
 5             (5)  to finance the development of the low  interest
 6        loan program for public water supply projects;
 7             (6)  to finance the reasonable costs incurred by the
 8        Agency  to  provide technical assistance for public water
 9        supplies; and
10             (7)  to finance the reasonable costs incurred by the
11        Agency for public water system supervision  programs,  to
12        administer  or  provide  for technical assistance through
13        source  water  protection  programs,   to   develop   and
14        implement  a  capacity development strategy, to delineate
15        and assess source water  protection  areas,  and  for  an
16        operator certification program in accordance with Section
17        1452 of the federal Safe Drinking Water Act.
18        (d)  The  Public  Water Supply Loan Program shall be used
19    and administered by the Agency to provide assistance to local
20    government units and privately owned community water supplies
21    for public water supplies for the following public purposes:
22             (1)  to accept and retain funds from  grant  awards,
23        appropriations,  transfers,  and payments of interest and
24        principal;
25             (2)  to  make  direct  loans  at  or  below   market
26        interest  rates  to any eligible local government unit or
27        to any eligible privately owned community water supply to
28        finance the construction of water supplies;
29             (3)  to buy or refinance the debt  obligation  of  a
30        local government unit for costs incurred on or after July
31        17, 1997;
32             (4)  to   guarantee  local  obligations  where  such
33        action would  improve  credit  market  access  or  reduce
34        interest rates;
 
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 1             (5)  as  a  source  of  revenue  or security for the
 2        payment of principal and interest on revenue  or  general
 3        obligation  bonds  issued  by  the State or any political
 4        subdivision or instrumentality thereof, if  the  proceeds
 5        of such bonds will be deposited into the Fund; and
 6             (6)  to   transfer  funds  to  the  Water  Pollution
 7        Control Loan Program (blank).
 8        (e)  The Agency is designated as the administering agency
 9    of  the  Fund.  The  Agency  shall  submit  to  the  Regional
10    Administrator of the United States  Environmental  Protection
11    Agency  an  intended use plan which outlines the proposed use
12    of funds available to the State.  The Agency shall  take  all
13    actions  necessary to secure to the State the benefits of the
14    federal Water Pollution Control  Act  and  the  federal  Safe
15    Drinking Water Act, as now or hereafter amended.
16        (f)  The  Agency  shall  have  the  power  to  enter into
17    intergovernmental agreements with the federal  government  or
18    the  State,  or  any instrumentality thereof, for purposes of
19    capitalizing the Water Revolving Fund. Moneys on  deposit  in
20    the  Water  Revolving  Fund  may  be used for the creation of
21    reserve funds or pledged funds that secure the obligations of
22    repayment of loans made pursuant to this  Section.   For  the
23    purpose  of  obtaining  capital  for  deposit  into the Water
24    Revolving Fund, the Agency may  also  enter  into  agreements
25    with financial institutions and other persons for the purpose
26    of  selling  loans and developing a secondary market for such
27    loans.  The  Agency  shall  have  the  power  to  create  and
28    establish such reserve funds and accounts as may be necessary
29    or desirable to accomplish its purposes under this subsection
30    and  to  allocate  its  available  moneys into such funds and
31    accounts.  Investment earnings on moneys held  in  the  Water
32    Revolving  Fund,  including any reserve fund or pledged fund,
33    shall be deposited into the Water Revolving Fund.
34    (Source: P.A.  91-36,  eff.  6-15-99;  91-52,  eff.  6-30-99;
 
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 1    91-501, eff. 8-13-99; 92-16, 6-28-01.)

 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.