State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



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.

[ Top ]