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Public Act 103-0801 | ||||
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AN ACT concerning safety. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Environmental Protection Act is amended by | ||||
changing Section 12 and by adding Sections 12.7 and 14.8 as | ||||
follows: | ||||
(415 ILCS 5/12) (from Ch. 111 1/2, par. 1012) | ||||
Sec. 12. Actions prohibited. No person shall: | ||||
(a) Cause or threaten or allow the discharge of any | ||||
contaminants into the environment in any State so as to cause | ||||
or tend to cause water pollution in Illinois, either alone or | ||||
in combination with matter from other sources, or so as to | ||||
violate regulations or standards adopted by the Pollution | ||||
Control Board under this Act. Notwithstanding any provision of | ||||
law to the contrary, compliance with the terms and conditions | ||||
of a permit issued under Section 39(b) of the Act for a permit | ||||
that authorizes reuse of wastewater for irrigation shall be | ||||
deemed compliance with this subsection. | ||||
(b) Construct, install, or operate any equipment, | ||||
facility, vessel, or aircraft capable of causing or | ||||
contributing to water pollution, or designed to prevent water | ||||
pollution, of any type designated by Board regulations, | ||||
without a permit granted by the Agency, or in violation of any |
conditions imposed by such permit. | ||
(c) Increase the quantity or strength of any discharge of | ||
contaminants into the waters, or construct or install any | ||
sewer or sewage treatment facility or any new outlet for | ||
contaminants into the waters of this State, without a permit | ||
granted by the Agency. | ||
(d) Deposit any contaminants upon the land in such place | ||
and manner so as to create a water pollution hazard. | ||
(e) Sell, offer, or use any article in any area in which | ||
the Board has by regulation forbidden its sale, offer, or use | ||
for reasons of water pollution control. | ||
(f) Cause, threaten or allow the discharge of any | ||
contaminant into the waters of the State, as defined herein, | ||
including but not limited to, waters to any sewage works, or | ||
into any well or from any point source within the State, | ||
without an NPDES permit for point source discharges issued by | ||
the Agency under Section 39(b) of this Act, or in violation of | ||
any term or condition imposed by such permit, or in violation | ||
of any NPDES permit filing requirement established under | ||
Section 39(b), or in violation of any regulations adopted by | ||
the Board or of any order adopted by the Board with respect to | ||
the NPDES program. | ||
No permit shall be required under this subsection and | ||
under Section 39(b) of this Act for any discharge for which a | ||
permit is not required under the Federal Water Pollution | ||
Control Act, as now or hereafter amended, and regulations |
pursuant thereto. | ||
For all purposes of this Act, a permit issued by the | ||
Administrator of the United States Environmental Protection | ||
Agency under Section 402 of the Federal Water Pollution | ||
Control Act, as now or hereafter amended, shall be deemed to be | ||
a permit issued by the Agency pursuant to Section 39(b) of this | ||
Act. However, this shall not apply to the exclusion from the | ||
requirement of an operating permit provided under Section | ||
13(b)(i). | ||
Compliance with the terms and conditions of any permit | ||
issued under Section 39(b) of this Act shall be deemed | ||
compliance with this subsection except that it shall not be | ||
deemed compliance with any standard or effluent limitation | ||
imposed for a toxic pollutant injurious to human health. | ||
In any case where a permit has been timely applied for | ||
pursuant to Section 39(b) of this Act but final administrative | ||
disposition of such application has not been made, it shall | ||
not be a violation of this subsection to discharge without | ||
such permit unless the complainant proves that final | ||
administrative disposition has not been made because of the | ||
failure of the applicant to furnish information reasonably | ||
required or requested in order to process the application. | ||
(g) Cause, threaten or allow the underground injection of | ||
contaminants without a UIC permit issued by the Agency under | ||
Section 39(d) of this Act, or in violation of any term or | ||
condition imposed by such permit, or in violation of any |
regulations or standards adopted by the Board or of any order | ||
adopted by the Board with respect to the UIC program. | ||
No permit shall be required under this subsection and | ||
under Section 39(d) of this Act for any underground injection | ||
of contaminants for which a permit is not required under Part C | ||
of the Safe Drinking Water Act (P.L. 93-523), as amended, | ||
unless a permit is authorized or required under regulations | ||
adopted by the Board pursuant to Section 13 of this Act. | ||
(h) Introduce contaminants into a sewage works from any | ||
nondomestic source except in compliance with the regulations | ||
and standards adopted by the Board under this Act. | ||
(i) Beginning January 1, 2013 or 6 months after the date of | ||
issuance of a general NPDES permit for surface discharging | ||
private sewage disposal systems by the Illinois Environmental | ||
Protection Agency or by the United States Environmental | ||
Protection Agency, whichever is later, construct or install a | ||
surface discharging private sewage disposal system that | ||
discharges into the waters of the United States, as that term | ||
is used in the Federal Water Pollution Control Act, unless he | ||
or she has a coverage letter under a NPDES permit issued by the | ||
Illinois Environmental Protection Agency or by the United | ||
States Environmental Protection Agency or he or she is | ||
constructing or installing the surface discharging private | ||
sewage disposal system in a jurisdiction in which the local | ||
public health department has a general NPDES permit issued by | ||
the Illinois Environmental Protection Agency or by the United |
States Environmental Protection Agency and the surface | ||
discharging private sewage disposal system is covered under | ||
the general NPDES permit. | ||
(Source: P.A. 96-801, eff. 1-1-10; 97-1081, eff. 8-24-12.) | ||
(415 ILCS 5/12.7 new) | ||
Sec. 12.7. Wastewater reuse. Notwithstanding any other | ||
provision of law, the use of treated municipal wastewater from | ||
a publicly owned treatment works is authorized for irrigation | ||
when conducted in accordance with a permit issued under | ||
Section 39(b) of the Act. | ||
(415 ILCS 5/14.8 new) | ||
Sec. 14.8. Recycled sewage treatment plant effluent reuse. | ||
The Agency may propose and the Board shall adopt: | ||
(1) amendments to the Board's primary drinking water | ||
standards that will repeal the prohibition on the use of | ||
recycled sewage treatment plant effluent set forth in | ||
subsection (c) of 35 Ill. Adm. Code 611.231 and that will | ||
make any other revisions to those rules that are necessary | ||
to facilitate water reuse in the State; and | ||
(2) rules establishing programs for direct potable | ||
reuse of treated wastewater, including rules establishing | ||
permitting standards and a permit application process. |