Illinois 2023-2024 Regular Session

Illinois House Bill HB3046 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0801
2	1		HB3046 EnrolledLRB103 29657 CPF 56059 b HB3046 Enrolled LRB103 29657 CPF 56059 b
3	2		HB3046 Enrolled LRB103 29657 CPF 56059 b
4		-	AN ACT concerning safety.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Environmental Protection Act is amended by
8		-	changing Section 12 and by adding Sections 12.7 and 14.8 as
9		-	follows:
10		-	(415 ILCS 5/12) (from Ch. 111 1/2, par. 1012)
11		-	Sec. 12. Actions prohibited. No person shall:
12		-	(a) Cause or threaten or allow the discharge of any
13		-	contaminants into the environment in any State so as to cause
14		-	or tend to cause water pollution in Illinois, either alone or
15		-	in combination with matter from other sources, or so as to
16		-	violate regulations or standards adopted by the Pollution
17		-	Control Board under this Act. Notwithstanding any provision of
18		-	law to the contrary, compliance with the terms and conditions
19		-	of a permit issued under Section 39(b) of the Act for a permit
20		-	that authorizes reuse of wastewater for irrigation shall be
21		-	deemed compliance with this subsection.
22		-	(b) Construct, install, or operate any equipment,
23		-	facility, vessel, or aircraft capable of causing or
24		-	contributing to water pollution, or designed to prevent water
25		-	pollution, of any type designated by Board regulations,
26		-	without a permit granted by the Agency, or in violation of any
	3	+	1 AN ACT concerning safety.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Environmental Protection Act is amended by
	7	+	5 changing Section 12 and by adding Sections 12.7 and 14.8 as
	8	+	6 follows:
	9	+	7 (415 ILCS 5/12) (from Ch. 111 1/2, par. 1012)
	10	+	8 Sec. 12. Actions prohibited. No person shall:
	11	+	9 (a) Cause or threaten or allow the discharge of any
	12	+	10 contaminants into the environment in any State so as to cause
	13	+	11 or tend to cause water pollution in Illinois, either alone or
	14	+	12 in combination with matter from other sources, or so as to
	15	+	13 violate regulations or standards adopted by the Pollution
	16	+	14 Control Board under this Act. Notwithstanding any provision of
	17	+	15 law to the contrary, compliance with the terms and conditions
	18	+	16 of a permit issued under Section 39(b) of the Act for a permit
	19	+	17 that authorizes reuse of wastewater for irrigation shall be
	20	+	18 deemed compliance with this subsection.
	21	+	19 (b) Construct, install, or operate any equipment,
	22	+	20 facility, vessel, or aircraft capable of causing or
	23	+	21 contributing to water pollution, or designed to prevent water
	24	+	22 pollution, of any type designated by Board regulations,
	25	+	23 without a permit granted by the Agency, or in violation of any
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29	28
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32	31
33		-	conditions imposed by such permit.
34		-	(c) Increase the quantity or strength of any discharge of
35		-	contaminants into the waters, or construct or install any
36		-	sewer or sewage treatment facility or any new outlet for
37		-	contaminants into the waters of this State, without a permit
38		-	granted by the Agency.
39		-	(d) Deposit any contaminants upon the land in such place
40		-	and manner so as to create a water pollution hazard.
41		-	(e) Sell, offer, or use any article in any area in which
42		-	the Board has by regulation forbidden its sale, offer, or use
43		-	for reasons of water pollution control.
44		-	(f) Cause, threaten or allow the discharge of any
45		-	contaminant into the waters of the State, as defined herein,
46		-	including but not limited to, waters to any sewage works, or
47		-	into any well or from any point source within the State,
48		-	without an NPDES permit for point source discharges issued by
49		-	the Agency under Section 39(b) of this Act, or in violation of
50		-	any term or condition imposed by such permit, or in violation
51		-	of any NPDES permit filing requirement established under
52		-	Section 39(b), or in violation of any regulations adopted by
53		-	the Board or of any order adopted by the Board with respect to
54		-	the NPDES program.
55		-	No permit shall be required under this subsection and
56		-	under Section 39(b) of this Act for any discharge for which a
57		-	permit is not required under the Federal Water Pollution
58		-	Control Act, as now or hereafter amended, and regulations
	32	+	HB3046 Enrolled- 2 -LRB103 29657 CPF 56059 b HB3046 Enrolled - 2 - LRB103 29657 CPF 56059 b
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	34	+	1 conditions imposed by such permit.
	35	+	2 (c) Increase the quantity or strength of any discharge of
	36	+	3 contaminants into the waters, or construct or install any
	37	+	4 sewer or sewage treatment facility or any new outlet for
	38	+	5 contaminants into the waters of this State, without a permit
	39	+	6 granted by the Agency.
	40	+	7 (d) Deposit any contaminants upon the land in such place
	41	+	8 and manner so as to create a water pollution hazard.
	42	+	9 (e) Sell, offer, or use any article in any area in which
	43	+	10 the Board has by regulation forbidden its sale, offer, or use
	44	+	11 for reasons of water pollution control.
	45	+	12 (f) Cause, threaten or allow the discharge of any
	46	+	13 contaminant into the waters of the State, as defined herein,
	47	+	14 including but not limited to, waters to any sewage works, or
	48	+	15 into any well or from any point source within the State,
	49	+	16 without an NPDES permit for point source discharges issued by
	50	+	17 the Agency under Section 39(b) of this Act, or in violation of
	51	+	18 any term or condition imposed by such permit, or in violation
	52	+	19 of any NPDES permit filing requirement established under
	53	+	20 Section 39(b), or in violation of any regulations adopted by
	54	+	21 the Board or of any order adopted by the Board with respect to
	55	+	22 the NPDES program.
	56	+	23 No permit shall be required under this subsection and
	57	+	24 under Section 39(b) of this Act for any discharge for which a
	58	+	25 permit is not required under the Federal Water Pollution
	59	+	26 Control Act, as now or hereafter amended, and regulations
59	60
60	61
61		-	pursuant thereto.
62		-	For all purposes of this Act, a permit issued by the
63		-	Administrator of the United States Environmental Protection
64		-	Agency under Section 402 of the Federal Water Pollution
65		-	Control Act, as now or hereafter amended, shall be deemed to be
66		-	a permit issued by the Agency pursuant to Section 39(b) of this
67		-	Act. However, this shall not apply to the exclusion from the
68		-	requirement of an operating permit provided under Section
69		-	13(b)(i).
70		-	Compliance with the terms and conditions of any permit
71		-	issued under Section 39(b) of this Act shall be deemed
72		-	compliance with this subsection except that it shall not be
73		-	deemed compliance with any standard or effluent limitation
74		-	imposed for a toxic pollutant injurious to human health.
75		-	In any case where a permit has been timely applied for
76		-	pursuant to Section 39(b) of this Act but final administrative
77		-	disposition of such application has not been made, it shall
78		-	not be a violation of this subsection to discharge without
79		-	such permit unless the complainant proves that final
80		-	administrative disposition has not been made because of the
81		-	failure of the applicant to furnish information reasonably
82		-	required or requested in order to process the application.
83		-	(g) Cause, threaten or allow the underground injection of
84		-	contaminants without a UIC permit issued by the Agency under
85		-	Section 39(d) of this Act, or in violation of any term or
86		-	condition imposed by such permit, or in violation of any
87	62
88	63
89		-	regulations or standards adopted by the Board or of any order
90		-	adopted by the Board with respect to the UIC program.
91		-	No permit shall be required under this subsection and
92		-	under Section 39(d) of this Act for any underground injection
93		-	of contaminants for which a permit is not required under Part C
94		-	of the Safe Drinking Water Act (P.L. 93-523), as amended,
95		-	unless a permit is authorized or required under regulations
96		-	adopted by the Board pursuant to Section 13 of this Act.
97		-	(h) Introduce contaminants into a sewage works from any
98		-	nondomestic source except in compliance with the regulations
99		-	and standards adopted by the Board under this Act.
100		-	(i) Beginning January 1, 2013 or 6 months after the date of
101		-	issuance of a general NPDES permit for surface discharging
102		-	private sewage disposal systems by the Illinois Environmental
103		-	Protection Agency or by the United States Environmental
104		-	Protection Agency, whichever is later, construct or install a
105		-	surface discharging private sewage disposal system that
106		-	discharges into the waters of the United States, as that term
107		-	is used in the Federal Water Pollution Control Act, unless he
108		-	or she has a coverage letter under a NPDES permit issued by the
109		-	Illinois Environmental Protection Agency or by the United
110		-	States Environmental Protection Agency or he or she is
111		-	constructing or installing the surface discharging private
112		-	sewage disposal system in a jurisdiction in which the local
113		-	public health department has a general NPDES permit issued by
114		-	the Illinois Environmental Protection Agency or by the United
	64	+
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115	66
116	67
117		-	States Environmental Protection Agency and the surface
118		-	discharging private sewage disposal system is covered under
119		-	the general NPDES permit.
120		-	(Source: P.A. 96-801, eff. 1-1-10; 97-1081, eff. 8-24-12.)
121		-	(415 ILCS 5/12.7 new)
122		-	Sec. 12.7. Wastewater reuse. Notwithstanding any other
123		-	provision of law, the use of treated municipal wastewater from
124		-	a publicly owned treatment works is authorized for irrigation
125		-	when conducted in accordance with a permit issued under
126		-	Section 39(b) of the Act.
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	70	+	1 pursuant thereto.
	71	+	2 For all purposes of this Act, a permit issued by the
	72	+	3 Administrator of the United States Environmental Protection
	73	+	4 Agency under Section 402 of the Federal Water Pollution
	74	+	5 Control Act, as now or hereafter amended, shall be deemed to be
	75	+	6 a permit issued by the Agency pursuant to Section 39(b) of this
	76	+	7 Act. However, this shall not apply to the exclusion from the
	77	+	8 requirement of an operating permit provided under Section
	78	+	9 13(b)(i).
	79	+	10 Compliance with the terms and conditions of any permit
	80	+	11 issued under Section 39(b) of this Act shall be deemed
	81	+	12 compliance with this subsection except that it shall not be
	82	+	13 deemed compliance with any standard or effluent limitation
	83	+	14 imposed for a toxic pollutant injurious to human health.
	84	+	15 In any case where a permit has been timely applied for
	85	+	16 pursuant to Section 39(b) of this Act but final administrative
	86	+	17 disposition of such application has not been made, it shall
	87	+	18 not be a violation of this subsection to discharge without
	88	+	19 such permit unless the complainant proves that final
	89	+	20 administrative disposition has not been made because of the
	90	+	21 failure of the applicant to furnish information reasonably
	91	+	22 required or requested in order to process the application.
	92	+	23 (g) Cause, threaten or allow the underground injection of
	93	+	24 contaminants without a UIC permit issued by the Agency under
	94	+	25 Section 39(d) of this Act, or in violation of any term or
	95	+	26 condition imposed by such permit, or in violation of any
	96	+
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	100	+
	101	+	HB3046 Enrolled - 3 - LRB103 29657 CPF 56059 b
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	104	+	HB3046 Enrolled- 4 -LRB103 29657 CPF 56059 b HB3046 Enrolled - 4 - LRB103 29657 CPF 56059 b
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	106	+	1 regulations or standards adopted by the Board or of any order
	107	+	2 adopted by the Board with respect to the UIC program.
	108	+	3 No permit shall be required under this subsection and
	109	+	4 under Section 39(d) of this Act for any underground injection
	110	+	5 of contaminants for which a permit is not required under Part C
	111	+	6 of the Safe Drinking Water Act (P.L. 93-523), as amended,
	112	+	7 unless a permit is authorized or required under regulations
	113	+	8 adopted by the Board pursuant to Section 13 of this Act.
	114	+	9 (h) Introduce contaminants into a sewage works from any
	115	+	10 nondomestic source except in compliance with the regulations
	116	+	11 and standards adopted by the Board under this Act.
	117	+	12 (i) Beginning January 1, 2013 or 6 months after the date of
	118	+	13 issuance of a general NPDES permit for surface discharging
	119	+	14 private sewage disposal systems by the Illinois Environmental
	120	+	15 Protection Agency or by the United States Environmental
	121	+	16 Protection Agency, whichever is later, construct or install a
	122	+	17 surface discharging private sewage disposal system that
	123	+	18 discharges into the waters of the United States, as that term
	124	+	19 is used in the Federal Water Pollution Control Act, unless he
	125	+	20 or she has a coverage letter under a NPDES permit issued by the
	126	+	21 Illinois Environmental Protection Agency or by the United
	127	+	22 States Environmental Protection Agency or he or she is
	128	+	23 constructing or installing the surface discharging private
	129	+	24 sewage disposal system in a jurisdiction in which the local
	130	+	25 public health department has a general NPDES permit issued by
	131	+	26 the Illinois Environmental Protection Agency or by the United
	132	+
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	134	+
	135	+
	136	+
	137	+	HB3046 Enrolled - 4 - LRB103 29657 CPF 56059 b
	138	+
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	140	+	HB3046 Enrolled- 5 -LRB103 29657 CPF 56059 b HB3046 Enrolled - 5 - LRB103 29657 CPF 56059 b
	141	+	HB3046 Enrolled - 5 - LRB103 29657 CPF 56059 b
	142	+	1 States Environmental Protection Agency and the surface
	143	+	2 discharging private sewage disposal system is covered under
	144	+	3 the general NPDES permit.
	145	+	4 (Source: P.A. 96-801, eff. 1-1-10; 97-1081, eff. 8-24-12.)
	146	+	5 (415 ILCS 5/12.7 new)
	147	+	6 Sec. 12.7. Wastewater reuse. Notwithstanding any other
	148	+	7 provision of law, the use of treated municipal wastewater from
	149	+	8 a publicly owned treatment works is authorized for irrigation
	150	+	9 when conducted in accordance with a permit issued under
	151	+	10 Section 39(b) of the Act.
	152	+
	153	+
	154	+
	155	+
	156	+
	157	+	HB3046 Enrolled - 5 - LRB103 29657 CPF 56059 b