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92_HB3009 LRB9205535LBmg 1 AN ACT regarding the discharge of ballast water. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Finance Act is amended by adding 5 Section 5.545 as follows: 6 (30 ILCS 105/5.545 new) 7 Sec. 5.545. Aquatic Nuisance Species Prevention Fund. 8 Section 10. The Environmental Protection Act is amended 9 by adding Section 12.5 as follows: 10 (415 ILCS 5/12.5 new) 11 Sec. 12.5. Ballast water and sediment; permit; 12 inspection program. 13 (a) For the purposes of this Section: 14 "Ballast water" means water and associated solids taken 15 on board a vessel to control or maintain trim, draft, 16 stability, or stresses on the vessel, without regard to the 17 manner in which the water and associated solids are carried. 18 "Sediment" means any matter settled out of ballast water 19 within a vessel. 20 "Sterilized" means the treatment of ballast water or 21 sediment, or both, to destroy or remove all living biological 22 organisms through filtration, thermal methods, ultraviolet 23 light, biocides, or other techniques approved by the Agency. 24 (b) Beginning on January 1, 2003, a person shall not 25 operate on the waters of the State a vessel that contains 26 ballast water that was acquired outside the waters of the 27 State, unless the ballast water and any sediment therefrom 28 have been sterilized as required by Agency rule. A violation 29 of this subsection is a Class 3 felony. -2- LRB9205535LBmg 1 (c) Beginning on January 1, 2003, a person operating a 2 vessel on the waters of the State shall not cause ballast 3 water or sediment to be discharged, directly or indirectly, 4 into the waters of the State, unless the discharge is 5 authorized by a permit issued by the Agency. An operator who 6 causes the discharge of ballast water into any of the waters 7 of the State without a permit is liable for a civil penalty 8 under Section 42 of this Act. 9 (d) The Agency shall establish a Ballast Water and 10 Sediment Inspection Program that assures that aquatic 11 nuisance species do not enter the waters of the State through 12 the direct or indirect discharge of ballast water or 13 sediment. 14 (e) The Agency shall adopt such procedures and impose 15 such conditions as are necessary to implement the provisions 16 of this Section, including filing requirements and procedures 17 that are appropriate and necessary for the issuance of 18 permits under this Section. 19 (f) The Agency shall assess application and inspection 20 fees in amounts necessary to implement the provisions of this 21 Section. All fees received by the Agency under this Section 22 shall be deposited into the Aquatic Nuisance Species 23 Prevention Fund, an interest-bearing special fund that is 24 created in the State treasury. Subject to appropriation, 25 moneys in the Fund shall be used by the Agency to implement 26 the provisions of this Section.