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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3728
Introduced 2/28/2007, by Rep. Michael Tryon SYNOPSIS AS INTRODUCED: |
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225 ILCS 225/3 |
from Ch. 111 1/2, par. 116.303 |
225 ILCS 225/7 |
from Ch. 111 1/2, par. 116.307 |
225 ILCS 225/10.5 |
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415 ILCS 5/3.487 new |
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415 ILCS 5/11 |
from Ch. 111 1/2, par. 1011 |
415 ILCS 5/12 |
from Ch. 111 1/2, par. 1012 |
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Amends the Private Sewage Disposal Licensing Act and the Environmental Protection Act to prohibit the installation of surface discharging septic systems without a National Pollutant Discharge Elimination System (NPDES) permit issued by the Illinois Environmental Protection Agency. Requires the amendment of the private sewage disposal code to reflect this permit requirement. Provides that the Department of Public Health may not independently and without the participation of the Agency permit the installation by any person of a surface discharging septic system. Provides that the Advisory Commission on Private Sewage Disposal shall advise and aid the Director of Public Health in reviewing and suggesting methods of mitigating the negative impacts of existing surface discharging septic systems operating within the State. Effective June 30, 2008.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB3728 |
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LRB095 11446 RAS 32370 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Private Sewage Disposal Licensing Act is |
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| amended by changing Sections 3, 7, and 10.5 as follows:
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| (225 ILCS 225/3) (from Ch. 111 1/2, par. 116.303)
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| Sec. 3. As used in this Act, unless the context otherwise |
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| requires: |
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| (1) "Domestic Sewage" means waste water derived |
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| principally from
dwellings, business or office buildings, |
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| institutions, food service
establishments, and similar |
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| facilities.
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| (2) "Director" means Director of the Illinois Department of |
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| Public Health.
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| (3) "Department" means the Illinois Department of Public |
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| Health.
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| (4) "Human Wastes" means undigested food and by-products of |
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| metabolism
which are passed out of the human body.
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| (5) "Person" means any individual, group of individuals, |
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| association,
trust, partnership, corporation, person doing |
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| business under an assumed
name, the State of Illinois or any |
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| Department thereof, or any other entity.
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| (6) "Population Equivalent" means an average waste loading |
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HB3728 |
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LRB095 11446 RAS 32370 b |
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| equivalent to
that produced by one person which is defined as |
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| 100 gallons per day.
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| (7) "Private Sewage Disposal System" means any sewage |
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| handling or
treatment facility receiving domestic sewage from |
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| less than 15 people or
population equivalent and having a |
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| ground surface discharge or any sewage
handling or treatment |
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| facility receiving domestic sewage and having no
ground surface |
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| discharge.
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| (8) "Private Sewage Disposal System Installation |
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| Contractor" means
any person constructing, installing, |
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| repairing, modifying, or
maintaining private sewage disposal |
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| systems.
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| (9) "Property Owner" means the person in whose name legal |
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| title to the
real estate is recorded.
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| (10) "Waste" means either human waste or domestic sewage or |
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| both.
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| (11) "Private Sewage Disposal System Pumping Contractor" |
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| means any
person who cleans or pumps waste from a private |
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| sewage disposal system or
hauls or disposes of wastes removed |
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| therefrom.
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| (12) "NPDES" means the National Pollutant Discharge |
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| Elimination System.
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| (13) "Surface Discharging Septic System" means a septic |
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| system that discharges liquid waste directly or indirectly to a |
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| collection tile, a natural drainage way, or the waters of the |
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| State. |
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LRB095 11446 RAS 32370 b |
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| (14) "Waters of the State" means all intrastate and |
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| interstate bodies of water, including lakes, rivers, streams |
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| (including intermittent streams), mudflats, sandflats, |
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| wetlands, sloughs, prairie potholes, wet meadows, and any |
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| impoundment of water, and their conveyances, including |
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| ditches, cracks, crevices, and runoffs.
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| (Source: P.A. 84-670 .)
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| (225 ILCS 225/7) (from Ch. 111 1/2, par. 116.307)
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| Sec. 7. (a) The Department shall promulgate and publish and |
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| may from time to time
amend a private sewage disposal code |
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| which shall include minimum standards
for the design, |
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| construction, materials, operation and maintenance of
private |
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| sewage disposal systems, for the transportation and disposal of
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| wastes removed therefrom and for private sewage disposal system |
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| servicing
equipment. In the preparation of the private sewage |
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| disposal code, the
Department may consult with and request |
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| technical assistance from other
state agencies, and shall |
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| consult with other technically qualified
persons
and with |
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| owners and operators of such services.
Such technically |
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| qualified persons shall include representatives of the real
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| estate, development, and building industries.
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| (b) The Department is expressly prohibited from amending |
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| the private sewage
disposal code by rule if there are increases |
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| in the land density requirements.
Amendments that increase the |
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| land density requirements must be approved by the
Illinois |
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HB3728 |
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LRB095 11446 RAS 32370 b |
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| General Assembly.
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| (c) Beginning July 15, 2008, surface discharging septic |
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| systems may not be installed by any person without a NPDES |
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| permit issued by the Illinois Environmental Protection Agency, |
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| and the private sewage disposal code must be so amended. The |
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| Department may not independently and without the participation |
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| of the Illinois Environmental Protection Agency permit the |
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| installation by any person of a surface discharging septic |
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| system.
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| (d) Except as provided in subsection (c) of this Section, |
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| before
Before the adoption or amendment of the private sewage |
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| disposal code,
the Department shall hold a public hearing with |
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| respect thereto. At least
20 days' notice for such public |
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| hearing shall be given by the Department in
such manner as the |
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| Department considers adequate to bring such hearing to
the |
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| attention of persons interested in such code. Notice of such |
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| public
hearing shall be given by the Department to those who |
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| file a request for a
notice of any such hearings.
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| (Source: P.A. 88-690, eff. 1-24-95.)
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| (225 ILCS 225/10.5)
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| Sec. 10.5. Advisory Commission.
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| (a) There is hereby created the Advisory Commission on
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| Private Sewage Disposal, which shall consist of 17 members to |
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| be
appointed from time to time by the Director. Of the initial |
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| appointments, 5
members shall be appointed to serve a one-year |
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LRB095 11446 RAS 32370 b |
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| term, 5 members to serve a
2-year term, and 7 members to serve |
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| a 3-year term. The Advisory
Commission shall be comprised of at |
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| least one representative of each of the
following: the Illinois |
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| Public Health Association, the Home Builders
Association of |
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| Illinois, the Illinois
Association of Realtors, the Illinois |
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| Environmental Protection
Agency, the Illinois
Environmental |
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| Health Association, the Onsite Wastewater
Professionals of |
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| Illinois, Inc., the Illinois Association of Local
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| Environmental Health Administrators, the Illinois Precast |
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| Concrete
Association, the Illinois Land Improvement |
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| Contractors Association,
the Illinois Soil Classifier |
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| Association, and the Illinois Onsite Wastewater
Association.
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| The Director shall appoint one member to serve as chairperson.
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| (b) The Advisory Commission shall advise and aid the |
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| Director
in:
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| (1) reviewing and suggesting changes to the State code
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| developed under Section 7, including but not limited to
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| proposing performance-based standards for the
design, |
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| construction, operation, and maintenance of
private sewage |
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| disposal systems;
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| (2) propose methods for funding private sewage
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| disposal services and for reimbursement of units of
local |
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| government for expenses incurred in
administering this Act |
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| as agents of the State;
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| (3) examining the need for more stringent licensing
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| requirements under this Act, including but not limited
to |
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LRB095 11446 RAS 32370 b |
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| an apprenticeship program as a condition of original
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| licensure and the issuance of advanced skill licenses;
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| (4) developing continuing education requirements for
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| persons licensed under this Act;
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| (5) considering the need for continuing testing |
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| programs
for private sewage disposal systems;
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| (6) developing a research and development program to |
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| examine private
sewage disposal issues that affect public |
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| health and examining funding options
for the program;
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| (7) developing a training center to educate all persons |
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| interested in
learning
more about on-site sewage disposal |
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| and to work with universities to provide that
education;
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| (8) developing an experimental use permit program to |
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| set criteria for
testing and reviewing new systems or |
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| innovative systems or devices and to
consider oversight of |
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| this program by the Advisory Commission;
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| (9) examining the need for a uniform State license to |
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| install,
construct, maintain, or operate systems or to |
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| pump, haul, or dispose of septage
without the need for a |
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| license from a unit of local government; and
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| (10) reviewing and suggesting methods for mitigating |
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| the negative impacts of existing surface discharging |
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| septic systems operating throughout the State; and
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| (11)
(10) performing other duties from time to time on |
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| the
request of the Director.
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| (c) The Advisory Commission shall submit an annual report |
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LRB095 11446 RAS 32370 b |
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| to
the Director regarding its findings and recommendations |
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| under
subsection (b).
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| (d) Members of the Advisory Commission may be reimbursed
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| for actual and necessary expenses incurred in the performance |
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| of
their duties under this Act.
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| (e) Members of the Advisory Commission shall be immune
from |
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| suit in any action based on an act performed in good faith as a
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| member of the Advisory Commission.
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| (f) The Advisory Commission shall meet at least |
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| semi-annually.
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| (g) A State officer, department, board, agency, division, |
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| or commission or
a unit of local government may provide a |
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| service to the Advisory Commission
that is (1) requested by the |
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| Advisory Commission and (2) within the scope of
the person's or |
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| entity's governmental functions as established by law.
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| (Source: P.A. 90-151, eff. 7-23-97.)
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| Section 10. The Environmental Protection Act is amended by |
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| changing Sections 11 and 12 and by adding Section 3.487 as |
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| follows: |
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| (415 ILCS 5/3.487 new)
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| Sec. 3.487. Surface discharging septic system. "Surface |
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| discharging septic system" means a septic system that |
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| discharges liquid waste directly or indirectly to a collection |
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| tile, a natural drainage way, or the waters of the State.
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HB3728 |
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LRB095 11446 RAS 32370 b |
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| (415 ILCS 5/11) (from Ch. 111 1/2, par. 1011)
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| Sec. 11. (a) The General Assembly finds:
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| (1) that pollution of the waters of this State constitutes |
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| a menace
to public health and welfare, creates public |
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| nuisances, is harmful to
wildlife, fish, and aquatic life, |
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| impairs domestic, agricultural,
industrial, recreational, and |
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| other legitimate beneficial uses of water,
depresses property |
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| values, and offends the senses;
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| (2) that the Federal Water Pollution Control Act, as now or |
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| hereafter amended,
provides for a National Pollutant Discharge |
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| Elimination System (NPDES)
to regulate the discharge of |
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| contaminants to the waters of the United States;
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| (3) that the Safe Drinking Water Act (P.L. 93-523), as |
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| amended, provides
for an Underground Injection Control (UIC) |
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| program to regulate the underground
injection of contaminants;
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| (4) that it would be inappropriate and misleading for the |
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| State of Illinois
to issue permits to contaminant sources |
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| subject to such federal law, as
well as State law, which do not |
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| contain such terms and conditions as are
required by federal |
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| law, or the issuance of which is contrary to federal law;
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| (5) that the Federal Water Pollution Control Act, as now or |
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| hereafter amended,
provides that NPDES permits shall be issued |
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| by the United States
Environmental Protection Agency unless (a) |
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| the State is authorized by and
under its law to establish and |
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| administer its own permit program for discharges
into waters |
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HB3728 |
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LRB095 11446 RAS 32370 b |
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| within its jurisdiction, and (b) pursuant to such federal Act,
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| the Administrator of the United States Environmental |
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| Protection Agency approves
such State program to issue permits |
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| which will implement the provisions
of such federal Act;
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| (6) that Part C of the Safe Drinking Water Act (P.L. |
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| 93-523), as amended,
provides that the United States |
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| Environmental Protection Agency shall implement
the UIC |
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| program authorized therein unless (a) the State is authorized |
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| by
and under its law to establish and administer its own UIC |
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| program, and (b)
pursuant to such federal Act, the |
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| Administrator of the United States
Environmental Protection |
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| Agency approves such State program which will
implement the |
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| provisions of such federal Act;
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| (7) that it is in the interest of the People of the State |
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| of Illinois
for the State to authorize such NPDES and UIC |
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| programs and secure federal
approval thereof, and thereby to |
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| avoid the existence of duplicative,
overlapping or conflicting |
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| state and federal statutory permit systems;
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| (8) that the federal requirements for the securing of such
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| NPDES and UIC permit program approval, as set forth in the |
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| Federal Water
Pollution Control Act, as now or hereafter |
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| amended,
and in the Safe
Drinking Water Act (P.L. 93-523), as |
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| amended, respectively, and in regulations
promulgated by the |
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| Administrator of the United States Environmental Protection
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| Agency pursuant thereto are complex and detailed, and the |
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| General Assembly
cannot conveniently or advantageously set |
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LRB095 11446 RAS 32370 b |
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| forth in this Act all the
requirements of such federal Act or |
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| all regulations which may be
established thereunder ; and |
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| (9) State compliance with NPDES requires the Illinois |
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| Environmental Protection Agency to take regulatory authority |
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| over and grant permits for the installation and current |
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| operation of surface discharging septic systems .
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| (b) It is the purpose of this Title to restore, maintain |
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| and enhance the
purity of the waters of this State in order to |
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| protect health, welfare,
property, and the quality of life, and |
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| to assure that no contaminants are
discharged into the waters |
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| of the State, as defined herein, including, but not
limited to, |
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| waters to any sewage works, or into any well, or from any |
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| source
within the State of Illinois, without being given the |
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| degree of treatment
or control necessary to prevent pollution, |
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| or without being made subject
to such conditions as are |
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| required to achieve and maintain compliance with
State and |
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| federal law; and to authorize, empower, and direct the Board to
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| adopt such regulations and the Agency to adopt such procedures |
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| as will enable
the State to secure federal approval to issue |
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| NPDES permits pursuant to
the provisions of the Federal Water |
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| Pollution Control Act, as now or
hereafter amended, and federal |
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| regulations pursuant thereto and to
authorize, empower, and |
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| direct the Board to adopt such regulations and the
Agency to |
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| adopt such procedures as will enable the State to secure |
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| federal
approval of the State UIC program pursuant to the |
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| provisions of Part C of
the Safe Drinking Water Act (P.L. |
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HB3728 |
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LRB095 11446 RAS 32370 b |
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| 93-523), as amended, and federal
regulations pursuant thereto.
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| (c) The provisions of this Act authorizing implementation |
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| of the regulations
pursuant to an NPDES program shall not be |
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| construed to limit, affect, impair,
or diminish the authority, |
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| duties and responsibilities of the Board, Agency,
Department or |
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| any other governmental agency or officer, or of any unit of |
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| local
government, to regulate and control pollution of any |
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| kind, to restore, to
protect or to enhance the quality of the |
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| environment, or to achieve all
other purposes, or to enforce |
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| provisions, set forth in this Act or other
State law or |
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| regulation.
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| (Source: P.A. 86-671.)
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| (415 ILCS 5/12) (from Ch. 111 1/2, par. 1012)
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| Sec. 12. Actions prohibited. No person shall:
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| (a) Cause or threaten or allow the discharge of any |
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| contaminants
into the environment in any State so as to cause |
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| or tend to cause water
pollution in Illinois, either alone or |
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| in combination with matter from
other sources, or so as to |
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| violate regulations or standards adopted by
the Pollution |
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| Control Board under this Act.
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| (b) Construct, install, or operate any equipment, |
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| facility, vessel,
or aircraft capable of causing or |
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| contributing to water pollution, or
designed to prevent water |
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| pollution, of any type designated by Board
regulations, without |
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| a permit granted by the Agency, or in violation of
any |
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HB3728 |
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LRB095 11446 RAS 32370 b |
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| conditions imposed by such permit.
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| (c) Increase the quantity or strength of any discharge of
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| contaminants into the waters, or construct or install any sewer |
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| or
sewage treatment facility or any new outlet for contaminants |
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| into the
waters of this State, without a permit granted by the |
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| Agency.
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| (d) Deposit any contaminants upon the land in such place |
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| and manner
so as to create a water pollution hazard.
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| (e) Sell, offer, or use any article in any area in which |
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| the Board
has by regulation forbidden its sale, offer, or use |
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| for reasons of water
pollution control.
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| (f) Cause, threaten or allow the discharge of any |
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| contaminant into
the waters of the State, as defined herein, |
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| including but not limited
to, waters to any sewage works, or |
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| into any well or from any point
source within the State, |
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| without an NPDES permit for point source
discharges issued by |
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| the Agency under Section 39(b) of this Act, or in
violation of |
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| any term or condition imposed by such permit, or in
violation |
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| of any NPDES permit filing requirement established under
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| Section 39(b), or in violation of any regulations adopted by |
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| the Board
or of any order adopted by the Board with respect to |
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| the NPDES program.
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| No permit shall be required under this subsection and under |
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| Section
39(b) of this Act for any discharge for which a permit |
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| is not required
under the Federal Water Pollution Control Act, |
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| as now or hereafter
amended, and regulations pursuant thereto.
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HB3728 |
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LRB095 11446 RAS 32370 b |
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| For all purposes of this Act, a permit issued by the |
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| Administrator of the
United States Environmental Protection |
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| Agency under Section 402 of the Federal
Water Pollution Control |
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| Act, as now or hereafter amended, shall be deemed
to be a |
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| permit issued by the Agency pursuant to Section 39(b) of this |
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| Act.
However, this shall not apply to the exclusion from the |
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| requirement of an
operating permit provided under Section |
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| 13(b)(i).
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| Compliance with the terms and conditions of any permit |
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| issued under Section
39(b) of this Act shall be deemed |
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| compliance with this subsection except
that it shall not be |
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| deemed compliance with any standard or effluent limitation
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| imposed for a toxic pollutant injurious to human health.
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| In any case where a permit has been timely applied for |
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| pursuant to Section
39(b) of this Act but final administrative |
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| disposition of such application
has not been made, it shall not |
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| be a violation of this subsection to discharge
without such |
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| permit unless the complainant proves that final administrative
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| disposition has not been made because of the failure of the |
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| applicant to
furnish information reasonably required or |
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| requested in order to process
the application.
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| (g) Cause, threaten or allow the underground injection of |
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| contaminants
without a UIC permit issued by the Agency under |
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| Section 39(d) of this Act,
or in violation of any term or |
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| condition imposed by such permit, or in violation
of any |
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| regulations or standards adopted by the Board or of any order |
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HB3728 |
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LRB095 11446 RAS 32370 b |
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| adopted
by the Board with respect to the UIC program.
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| No permit shall be required under this subsection and under |
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| Section 39(d)
of this Act for any underground injection of |
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| contaminants for which a permit
is not required under Part C of |
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| the Safe Drinking Water Act (P.L. 93-523),
as amended, unless a |
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| permit is authorized or required under regulations
adopted by |
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| the Board pursuant to Section 13 of this Act.
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| (h) Introduce contaminants into a sewage works from any |
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| nondomestic
source except in compliance with the regulations |
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| and standards adopted by
the Board under this Act.
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| (i) Install a surface discharging septic system without an |
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| NPDES permit issued by the Agency under Section 39 of this Act |
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| for such installation, or in
violation of any term or condition |
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| imposed by the permit, or in
violation of any NPDES permit |
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| filing requirement established under
Section 39 of this Act, or |
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| in violation of any regulations adopted by the Board
or of any |
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| order adopted by the Board with respect to the NPDES program.
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| (Source: P.A. 92-574, eff. 6-26-02.)
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| Section 99. Effective date. This Act takes effect June 30, |
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| 2008.
|