HB 3728 — PRIV SEWAGE/EPA-SRFCE DSCHRG

(8) developing an experimental use permit program to set criteria for testing and reviewing new systems or innovative systems or devices and to consider oversight of this program by the Advisory Commission;

(9) examining the need for a uniform State license to install, construct, maintain, or operate systems or to pump, haul, or dispose of septage without the need for a license from a unit of local government;

and (10) reviewing and suggesting methods for mitigating the negative impacts of existing surface discharging septic systems operating throughout the State;

and (11) (10) performing other duties from time to time on the request of the Director.

(c) The Advisory Commission shall submit an annual report HB3728 - 7 - LRB095 11446 RAS 32370 b to the Director regarding its findings and recommendations under subsection (b).

(d) Members of the Advisory Commission may be reimbursed for actual and necessary expenses incurred in the performance of their duties under this Act.

(e) Members of the Advisory Commission shall be immune from suit in any action based on an act performed in good faith as a member of the Advisory Commission.

(f) The Advisory Commission shall meet at least semi-annually.

(g) A State officer, department, board, agency, division, or commission or a unit of local government may provide a service to the Advisory Commission that is (1) requested by the Advisory Commission and (2) within the scope of the person’s or entity’s governmental functions as established by law.

(Source:

P.A.

90-151, eff.

7-23-97.) Section 10.

The Environmental Protection Act is amended by changing Sections 11 and 12 and by adding Section 3.487 as follows:

Surface discharging septicprivate sewage disposal system.

"Surface discharging septicprivate sewage disposal system" means a septicsewage disposal system that discharges liquidto wastewaters directlyof orthe indirectlyState, toas athat collectionterm tile,is aused naturalin drainagesubsection way,(f) orof theSection waters12 of thethis State.Act.

HB3728 - 8 - LRB095 11446 RAS 32370 b (415 ILCS 5/11) (from Ch.

HB3728 Engrossed - 5 - LRB095 11446 RAS 32370 b (1) that pollution of the waters of this State constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish, and aquatic life, impairs domestic, agricultural, industrial, recreational, and other legitimate beneficial uses of water, depresses property values, and offends the senses;

(5) that the Federal Water Pollution Control Act, as now or hereafter amended, provides that NPDES permits shall be issued by the United States Environmental Protection Agency unless (a) the State is authorized by and under its law to establish and administer its own permit program for discharges into waters HB3728 - 9 - LRB095 11446 RAS 32370 b within its jurisdiction, and (b) pursuant to such federal Act, the Administrator of the United States Environmental Protection Agency approves such State program to issue permits HB3728 Engrossed - 6 - LRB095 11446 RAS 32370 b which will implement the provisions of such federal Act;

93-523), as amended, respectively, and in regulations promulgated by the Administrator of the United States Environmental Protection Agency pursuant thereto are complex and detailed, and the General Assembly cannot conveniently or advantageously set HB3728 - 10 - LRB095 11446 RAS 32370 b forth in this Act all the requirements of such federal Act or all regulations which may be established thereunder;thereunder ;

and (9) State compliance with NPDESthe requiresfederal Clean Water Act dictates HB3728 Engrossed - 7 - LRB095 11446 RAS 32370 b that the Illinois Environmental Protection Agency torequire takeNPDES regulatorypermits authorityfor oversurface anddischarging grantprivate permitssewage fordisposal systems that discharge into waters of the installationState, andas currentthat operationterm is used in subsection (f) of surfaceSection discharging12 septicof systems.this Act.

HB3728 - 11 - LRB095 11446 RAS 32370 b 93-523), as amended, and federal regulations pursuant thereto.

(c) The provisions of this Act authorizing implementation HB3728 Engrossed - 8 - LRB095 11446 RAS 32370 b of the regulations pursuant to an NPDES program shall not be construed to limit, affect, impair, or diminish the authority, duties and responsibilities of the Board, Agency, Department or any other governmental agency or officer, or of any unit of local government, to regulate and control pollution of any kind, to restore, to protect or to enhance the quality of the environment, or to achieve all other purposes, or to enforce provisions, set forth in this Act or other State law or regulation.

86-671.) (415Section ILCS99. 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.

(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 HB3728 - 12 - LRB095 11446 RAS 32370 b 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.

HB3728 - 13 - LRB095 11446 RAS 32370 b 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 HB3728 - 14 - LRB095 11446 RAS 32370 b 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) Install a surface discharging septic system without an NPDES permit issued by the Agency under Section 39 of this Act for such installation, or in violation of any term or condition imposed by the permit, or in violation of any NPDES permit filing requirement established under Section 39 of this Act, or in violation of any regulations adopted by the Board or of any order adopted by the Board with respect to the NPDES program.

(Source:

P.A.

92-574, eff.

6-26-02.) Section 99.