Bill Text: IL SB2122 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Provides that the Pollution Control Board must conduct a regulatory proceeding to determine the appropriate water quality and effluent standard for boron, if any. Prohibits the State from enforcing the State Boron standard, unless and until the Pollution Control Board determines, in the regulatory proceeding described above, whether Boron standards are appropriate in Illinois.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-08-15 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2122 Detail]

Download: Illinois-2009-SB2122-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB2122 Introduced 2/20/2009, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED:
415 ILCS 5/13 from Ch. 111 1/2, par. 1013
Amends the Environmental Protection Act. Provides that the Pollution Control Board must conduct a regulatory proceeding to determine the appropriate water quality and effluent standard for boron, if any. Prohibits the State from enforcing the State Boron standard, unless and until the Pollution Control Board determines, in the regulatory proceeding described above, whether Boron standards are appropriate in Illinois.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 13 as follows:
(415 ILCS 5/13) (from Ch. 111 1/2, par. 1013)
Sec. 13. Regulations.
(a) The Board, pursuant to procedures prescribed in Title
VII of this Act, may adopt regulations to promote the purposes
and provisions of this Title. Without limiting the generality
of this authority, such regulations may among other things
prescribe:
(1) Water quality standards specifying among other
things, the maximum short-term and long-term
concentrations of various contaminants in the waters, the
minimum permissible concentrations of dissolved oxygen and
other desirable matter in the waters, and the temperature
of such waters;
(2) Effluent standards specifying the maximum amounts
or concentrations, and the physical, chemical, thermal,
biological and radioactive nature of contaminants that may
be discharged into the waters of the State, as defined
herein, including, but not limited to, waters to any sewage

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works, or into any well, or from any source within the
State;
(3) Standards for the issuance of permits for
construction, installation, or operation of any equipment,
facility, vessel, or aircraft capable of causing or
contributing to water pollution or designed to prevent
water pollution or for the construction or installation of
any sewer or sewage treatment facility or any new outlet
for contaminants into the waters of this State;
(4) The circumstances under which the operators of
sewage works are required to obtain and maintain
certification by the Agency under Section 13.5 and the
types of sewage works to which those requirements apply,
which may, without limitation, include wastewater
treatment works, pretreatment works, and sewers and
collection systems;
(5) Standards for the filling or sealing of abandoned
water wells and holes, and holes for disposal of drainage
in order to protect ground water against contamination;
(6) Standards and conditions regarding the sale,
offer, or use of any pesticide, detergent, or any other
article determined by the Board to constitute a water
pollution hazard, provided that any such regulations
relating to pesticides shall be adopted only in accordance
with the "Illinois Pesticide Act", approved August 14, 1979
as amended;

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(7) Alert and abatement standards relative to
water-pollution episodes or emergencies which constitute
an acute danger to health or to the environment;
(8) Requirements and procedures for the inspection of
any equipment, facility, or vessel that may cause or
contribute to water pollution;
(9) Requirements and standards for equipment and
procedures for monitoring contaminant discharges at their
sources, the collection of samples and the collection,
reporting and retention of data resulting from such
monitoring.
(b) Notwithstanding other provisions of this Act and for
purposes of implementing an NPDES program, the Board shall
adopt:
(1) Requirements, standards, and procedures which,
together with other regulations adopted pursuant to this
Section 13, are necessary or appropriate to enable the
State of Illinois to implement and participate in the
National Pollutant Discharge Elimination System (NPDES)
pursuant to and under the Federal Water Pollution Control
Act, as now or hereafter amended. All regulations adopted
by the Board governing the NPDES program shall be
consistent with the applicable provisions of such federal
Act and regulations pursuant thereto, and otherwise shall
be consistent with all other provisions of this Act, and
shall exclude from the requirement to obtain any operating

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permit otherwise required under this Title a facility for
which an NPDES permit has been issued under Section 39(b);
provided, however, that for purposes of this paragraph, a
UIC permit, as required under Section 12(g) and 39(d) of
this Act, is not an operating permit.
(2) Regulations for the exemption of any category or
categories of persons or contaminant sources from the
requirement to obtain any NPDES permit prescribed or from
any standards or conditions governing such permit when the
environment will be adequately protected without the
requirement of such permit, and such exemption is either
consistent with the Federal Water Pollution Control Act, as
now or hereafter amended, or regulations pursuant thereto,
or is necessary to avoid an arbitrary or unreasonable
hardship to such category or categories of persons or
sources.
(c) In accordance with Section 7.2, and notwithstanding any
other provisions of this Act, for purposes of implementing a
State UIC program, the Board shall adopt regulations which are
identical in substance to federal regulations or amendments
thereto promulgated by the Administrator of the United States
Environmental Protection Agency in accordance with Section
1421 of the Safe Drinking Water Act (P.L. 93-523), as amended.
The Board may consolidate into a single rulemaking under this
Section all such federal regulations adopted within a period of
time not to exceed 6 months. The provisions and requirements of

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Title VII of this Act shall not apply to regulations adopted
under this subsection. Section 5-35 of the Illinois
Administrative Procedure Act relating to procedures for
rulemaking shall not apply to regulations adopted under this
subsection.
(d) The Board may adopt regulations relating to a State UIC
program that are not inconsistent with and are at least as
stringent as the Safe Drinking Water Act (P.L. 93-523), as
amended, or regulations adopted thereunder. Regulations
adopted pursuant to this subsection shall be adopted in
accordance with the provisions and requirements of Title VII of
this Act and the procedures for rulemaking in Section 5-35 of
the Illinois Administrative Procedure Act.
(e) The Board, pursuant to the procedures prescribed in
Title VII of this Act, shall conduct a regulatory proceeding to
determine the appropriate water quality and effluent standard
for Boron, if any. As the current water quality standard of one
milligram/liter (mg/1) was promulgated by the Board before the
passage of the federal Clean Water Act, and has not been the
subject of federal adoption or federal recommended adoption
since that time, the State shall not enforce the State boron
standard unless and until the Board determines, in the
regulatory proceeding prescribed herein, what, if any, boron
water standards may be appropriate for Illinois.
(Source: P.A. 93-170, eff. 7-10-03.)