093_HB3506

 
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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 Section 13 and adding Section 13.5 as follows:

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

24        (415 ILCS 5/13.5 new)
25        Sec. 13.5.  Sewage works; operator certification.
26        (a)  For  the  purposes of this Section, the term "sewage
27    works" includes,  without  limitation,  wastewater  treatment
28    works, pretreatment works, and sewers and collection systems.
29        (b)  The  Agency  may establish and enforce standards for
30    the definition and certification of the technical  competency
31    of  personnel  who operate sewage works, and for ascertaining
32    that sewage  works  are  under  the  supervision  of  trained
33    individuals  whose  qualifications  have been approved by the
 
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 1    Agency.
 2        (c)  The Agency may issue certificates of  competency  to
 3    persons   meeting   the  standards  of  technical  competency
 4    established  by  the  Agency  under  this  Section,  and  may
 5    promulgate and enforce regulations pertaining to the issuance
 6    and use of those certificates.
 7        (d)  The  Agency  shall  administer   the   certification
 8    program established under this Section.  The Agency may enter
 9    into  formal  working  agreements  with  other departments or
10    agencies of State or local  government  under  which  all  or
11    portions of its authority under this Section may be delegated
12    to the cooperating department or agency.
13        (e)  This  Section  and  the  changes made to subdivision
14    (a)(4) of Section 13 by  this  amendatory  Act  of  the  93rd
15    General Assembly do not invalidate the operator certification
16    rules  previously  adopted by the Agency and codified as Part
17    380 of Title 35, Subtitle  C,  Chapter  II  of  the  Illinois
18    Administrative  Code.   Those  rules, as amended from time to
19    time, shall continue in effect until they are  superseded  or
20    repealed.

21        Section  99.  Effective date.  This Act takes effect upon
22    becoming law.