HB4800 95TH GENERAL ASSEMBLY

LRB095 17963 BDD 44045 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4800

Introduced , by Rep. Patricia R. Bellock

SYNOPSIS AS INTRODUCED:

525 ILCS 25/10 new

Amends the Illinois Lake Management Program Act. Requires all oceangoing vessels engaging in port operations in this State to obtain a permit from the Environmental Protection Agency. Provides that the Agency may issue a permit for an oceangoing vessel only if: (1) the applicant can demonstrate that the oceangoing vessel will not discharge aquatic nuisance species; or (2) if the oceangoing vessel discharges ballast water or other waste or waste effluent, that the operator of the vessel will use environmentally sound technology and methods, as determined by the Agency, that can be used to prevent the discharge of aquatic nuisance species. Sets forth procedures for the permitting process and requires the Agency to establish reasonable permit fees. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning natural resources.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Lake Management Program Act is amended by adding Section 10 as follows:

(525 ILCS 25/10 new)

Sec. 10. Permit requirements for oceangoing vessels engaging in port operations in this State.

(a) Beginning January 1, 2009, all oceangoing vessels engaging in port operations in this State shall obtain a permit from the Agency. The Agency may issue a permit for an oceangoing vessel only if:

(1) the applicant can demonstrate that the oceangoing vessel will not discharge aquatic nuisance species; or

(2) if the oceangoing vessel discharges ballast water or other waste or waste effluent, that the operator of the vessel will use environmentally sound technology and methods, as determined by the Agency, that can be used to prevent the discharge of aquatic nuisance species.

(b) The Agency shall cooperate to the fullest extent practical with other Great Lakes basin states, the Canadian Great Lakes provinces, the Great Lakes panel on aquatic nuisance species, the Great Lakes fishery commission, the international joint commission, and the Great Lakes commission to ensure development of standards for the control of aquatic nuisance species that are broadly protective of the waters of the State and other natural resources.

(c) The Agency shall establish reasonable permit fees for permits under this Section. The Agency may adopt rules to administer the fee program established in this Section. The Agency may include provisions pertaining to invoices, notice of late payment, refunds, and disputes concerning the amount or timeliness of payment. The Agency may set forth procedures and criteria for the acceptance of payments. The absence of such rules does not affect the duty of the Agency to immediately begin the assessment and collection of fees under this Section. All fees and interest penalties collected by the Agency under this Section shall be deposited into the Illinois Clean Water Fund, which is established under Section 12.5 of the Environmental Protection Act.

(d) In accordance with Title VII of the Environmental Protection Act, the Agency and the Pollution Control Board shall adopt rules to implement this Section.

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