Illinois General Assembly - Full Text of SB2122
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Full Text of SB2122  96th General Assembly



State of Illinois
2009 and 2010


Introduced 2/20/2009, by Sen. Susan Garrett


415 ILCS 5/13   from Ch. 111 1/2, par. 1013

    Amends the Environmental Protection Act. Provides that the Pollution Control Board must conduct a regulatory proceeding to determine the appropriate water quality and effluent standard for boron, if any. Prohibits the State from enforcing the State Boron standard, unless and until the Pollution Control Board determines, in the regulatory proceeding described above, whether Boron standards are appropriate in Illinois.

LRB096 10925 JDS 21176 b






SB2122 LRB096 10925 JDS 21176 b

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 13 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 Title
9 VII of this Act, may adopt regulations to promote the purposes
10 and provisions of this Title. Without limiting the generality
11 of this authority, such regulations may among other things
12 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 and
17     other desirable matter in the waters, and the temperature
18     of such waters;
19         (2) Effluent standards specifying the maximum amounts
20     or concentrations, and the physical, chemical, thermal,
21     biological and radioactive nature of contaminants that may
22     be discharged into the waters of the State, as defined
23     herein, including, but not limited to, waters to any sewage



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1     works, or into any well, or from any source within the
2     State;
3         (3) Standards for the issuance of permits for
4     construction, installation, or operation of any equipment,
5     facility, vessel, or aircraft capable of causing or
6     contributing to water pollution or designed to prevent
7     water pollution or for the construction or installation of
8     any sewer or sewage treatment facility or any new outlet
9     for contaminants into the waters of this State;
10         (4) The circumstances under which the operators of
11     sewage works are required to obtain and maintain
12     certification by the Agency under Section 13.5 and the
13     types of sewage works to which those requirements apply,
14     which may, without limitation, include wastewater
15     treatment works, pretreatment works, and sewers and
16     collection systems;
17         (5) Standards for the filling or sealing of abandoned
18     water wells and holes, and holes for disposal of drainage
19     in order to protect ground water against 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 accordance
25     with the "Illinois Pesticide Act", approved August 14, 1979
26     as amended;



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1         (7) Alert and abatement standards relative to
2     water-pollution episodes or emergencies which constitute
3     an acute danger to health or to the environment;
4         (8) Requirements and procedures for the inspection of
5     any equipment, facility, or vessel that may cause or
6     contribute to water pollution;
7         (9) Requirements and standards for equipment and
8     procedures for monitoring contaminant discharges at their
9     sources, the collection of samples and the collection,
10     reporting and retention of data resulting from such
11     monitoring.
12     (b) Notwithstanding other provisions of this Act and for
13 purposes of implementing an NPDES program, the Board shall
14 adopt:
15         (1) Requirements, standards, and procedures which,
16     together with other regulations adopted pursuant to this
17     Section 13, are necessary or appropriate to enable the
18     State of Illinois to implement and participate in the
19     National Pollutant Discharge Elimination System (NPDES)
20     pursuant to and under the Federal Water Pollution Control
21     Act, as now or hereafter amended. All regulations adopted
22     by the Board governing the NPDES program shall be
23     consistent with the applicable provisions of such federal
24     Act and regulations pursuant thereto, and otherwise shall
25     be consistent with all other provisions of this Act, and
26     shall exclude from the requirement to obtain any operating



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1     permit otherwise required under this Title a facility for
2     which an NPDES permit has been issued under Section 39(b);
3     provided, however, that for purposes of this paragraph, a
4     UIC permit, as required under Section 12(g) and 39(d) of
5     this Act, is not an operating permit.
6         (2) Regulations for the exemption of any category or
7     categories of persons or contaminant sources from the
8     requirement to obtain any NPDES permit prescribed or from
9     any standards or conditions governing such permit when the
10     environment will be adequately protected without the
11     requirement of such permit, and such exemption is either
12     consistent with the Federal Water Pollution Control Act, as
13     now or hereafter amended, or regulations pursuant thereto,
14     or is necessary to avoid an arbitrary or unreasonable
15     hardship to such category or categories of persons or
16     sources.
17     (c) In accordance with Section 7.2, and notwithstanding any
18 other provisions of this Act, for purposes of implementing a
19 State UIC program, the Board shall adopt regulations which are
20 identical in substance to federal regulations or amendments
21 thereto promulgated by the Administrator of the United States
22 Environmental Protection Agency in accordance with Section
23 1421 of the Safe Drinking Water Act (P.L. 93-523), as amended.
24 The Board may consolidate into a single rulemaking under this
25 Section all such federal regulations adopted within a period of
26 time not to exceed 6 months. The provisions and requirements of



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1 Title VII of this Act shall not apply to regulations adopted
2 under this subsection. Section 5-35 of the Illinois
3 Administrative Procedure Act relating to procedures for
4 rulemaking shall not apply to regulations adopted under this
5 subsection.
6     (d) The Board may adopt regulations relating to a State UIC
7 program that are not inconsistent with and are at least as
8 stringent as the Safe Drinking Water Act (P.L. 93-523), as
9 amended, or regulations adopted thereunder. Regulations
10 adopted pursuant to this subsection shall be adopted in
11 accordance with the provisions and requirements of Title VII of
12 this Act and the procedures for rulemaking in Section 5-35 of
13 the Illinois Administrative Procedure Act.
14     (e) The Board, pursuant to the procedures prescribed in
15 Title VII of this Act, shall conduct a regulatory proceeding to
16 determine the appropriate water quality and effluent standard
17 for Boron, if any. As the current water quality standard of one
18 milligram/liter (mg/1) was promulgated by the Board before the
19 passage of the federal Clean Water Act, and has not been the
20 subject of federal adoption or federal recommended adoption
21 since that time, the State shall not enforce the State boron
22 standard unless and until the Board determines, in the
23 regulatory proceeding prescribed herein, what, if any, boron
24 water standards may be appropriate for Illinois.
25 (Source: P.A. 93-170, eff. 7-10-03.)