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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 12 and by adding Sections 12.7 and 14.8 as | ||||||
6 | follows: | ||||||
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 | ||||||
10 | contaminants into the environment in any State so as to cause | ||||||
11 | or tend to cause water pollution in Illinois, either alone or | ||||||
12 | in combination with matter from other sources, or so as to | ||||||
13 | violate regulations or standards adopted by the Pollution | ||||||
14 | Control Board under this Act. Notwithstanding any provision of | ||||||
15 | law to the contrary, compliance with the terms and conditions | ||||||
16 | of a permit issued under Section 39(b) of the Act for a permit | ||||||
17 | that authorizes reuse of wastewater for irrigation shall be | ||||||
18 | deemed compliance with this subsection. | ||||||
19 | (b) Construct, install, or operate any equipment, | ||||||
20 | facility, vessel, or aircraft capable of causing or | ||||||
21 | contributing to water pollution, or designed to prevent water | ||||||
22 | pollution, of any type designated by Board regulations, | ||||||
23 | without a permit granted by the Agency, or in violation of any |
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1 | conditions imposed by such permit. | ||||||
2 | (c) Increase the quantity or strength of any discharge of | ||||||
3 | contaminants into the waters, or construct or install any | ||||||
4 | sewer or sewage treatment facility or any new outlet for | ||||||
5 | contaminants into the waters of this State, without a permit | ||||||
6 | granted by the Agency. | ||||||
7 | (d) Deposit any contaminants upon the land in such place | ||||||
8 | and manner so as to create a water pollution hazard. | ||||||
9 | (e) Sell, offer, or use any article in any area in which | ||||||
10 | the Board has by regulation forbidden its sale, offer, or use | ||||||
11 | for reasons of water pollution control. | ||||||
12 | (f) Cause, threaten or allow the discharge of any | ||||||
13 | contaminant into the waters of the State, as defined herein, | ||||||
14 | including but not limited to, waters to any sewage works, or | ||||||
15 | into any well or from any point source within the State, | ||||||
16 | without an NPDES permit for point source discharges issued by | ||||||
17 | the Agency under Section 39(b) of this Act, or in violation of | ||||||
18 | any term or condition imposed by such permit, or in violation | ||||||
19 | of any NPDES permit filing requirement established under | ||||||
20 | Section 39(b), or in violation of any regulations adopted by | ||||||
21 | the Board or of any order adopted by the Board with respect to | ||||||
22 | the NPDES program. | ||||||
23 | No permit shall be required under this subsection and | ||||||
24 | under Section 39(b) of this Act for any discharge for which a | ||||||
25 | permit is not required under the Federal Water Pollution | ||||||
26 | Control Act, as now or hereafter amended, and regulations |
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1 | pursuant thereto. | ||||||
2 | For all purposes of this Act, a permit issued by the | ||||||
3 | Administrator of the United States Environmental Protection | ||||||
4 | Agency under Section 402 of the Federal Water Pollution | ||||||
5 | Control Act, as now or hereafter amended, shall be deemed to be | ||||||
6 | a permit issued by the Agency pursuant to Section 39(b) of this | ||||||
7 | Act. However, this shall not apply to the exclusion from the | ||||||
8 | requirement of an operating permit provided under Section | ||||||
9 | 13(b)(i). | ||||||
10 | Compliance with the terms and conditions of any permit | ||||||
11 | issued under Section 39(b) of this Act shall be deemed | ||||||
12 | compliance with this subsection except that it shall not be | ||||||
13 | deemed compliance with any standard or effluent limitation | ||||||
14 | imposed for a toxic pollutant injurious to human health. | ||||||
15 | In any case where a permit has been timely applied for | ||||||
16 | pursuant to Section 39(b) of this Act but final administrative | ||||||
17 | disposition of such application has not been made, it shall | ||||||
18 | not be a violation of this subsection to discharge without | ||||||
19 | such permit unless the complainant proves that final | ||||||
20 | administrative disposition has not been made because of the | ||||||
21 | failure of the applicant to furnish information reasonably | ||||||
22 | required or requested in order to process the application. | ||||||
23 | (g) Cause, threaten or allow the underground injection of | ||||||
24 | contaminants without a UIC permit issued by the Agency under | ||||||
25 | Section 39(d) of this Act, or in violation of any term or | ||||||
26 | condition imposed by such permit, or in violation of any |
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1 | regulations or standards adopted by the Board or of any order | ||||||
2 | adopted by the Board with respect to the UIC program. | ||||||
3 | No permit shall be required under this subsection and | ||||||
4 | under Section 39(d) of this Act for any underground injection | ||||||
5 | of contaminants for which a permit is not required under Part C | ||||||
6 | of the Safe Drinking Water Act (P.L. 93-523), as amended, | ||||||
7 | unless a permit is authorized or required under regulations | ||||||
8 | adopted by the Board pursuant to Section 13 of this Act. | ||||||
9 | (h) Introduce contaminants into a sewage works from any | ||||||
10 | nondomestic source except in compliance with the regulations | ||||||
11 | and standards adopted by the Board under this Act. | ||||||
12 | (i) Beginning January 1, 2013 or 6 months after the date of | ||||||
13 | issuance of a general NPDES permit for surface discharging | ||||||
14 | private sewage disposal systems by the Illinois Environmental | ||||||
15 | Protection Agency or by the United States Environmental | ||||||
16 | Protection Agency, whichever is later, construct or install a | ||||||
17 | surface discharging private sewage disposal system that | ||||||
18 | discharges into the waters of the United States, as that term | ||||||
19 | is used in the Federal Water Pollution Control Act, unless he | ||||||
20 | or she has a coverage letter under a NPDES permit issued by the | ||||||
21 | Illinois Environmental Protection Agency or by the United | ||||||
22 | States Environmental Protection Agency or he or she is | ||||||
23 | constructing or installing the surface discharging private | ||||||
24 | sewage disposal system in a jurisdiction in which the local | ||||||
25 | public health department has a general NPDES permit issued by | ||||||
26 | the Illinois Environmental Protection Agency or by the United |
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1 | States Environmental Protection Agency and the surface | ||||||
2 | discharging private sewage disposal system is covered under | ||||||
3 | the 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 | ||||||
7 | provision of law, the use of treated municipal wastewater from | ||||||
8 | a publicly owned treatment works is authorized for irrigation | ||||||
9 | when conducted in accordance with a permit issued under | ||||||
10 | Section 39(b) of the Act. | ||||||
11 | (415 ILCS 5/14.8 new) | ||||||
12 | Sec. 14.8. Recycled sewage treatment plant effluent reuse. | ||||||
13 | The 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. |