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| Public Act 103-0801
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| HB3046 Enrolled | LRB103 29657 CPF 56059 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by |
changing Section 12 and by adding Sections 12.7 and 14.8 as |
follows:
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(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 |
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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 |
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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 |
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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 |
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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.)
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(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.
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