415 ILCS 5/13.4
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title III - Water Pollution

Sec. 13.4.     Pretreatment market system.(a) The General Assembly finds:(1) That achieving compliance with federal, State,     and local pretreatment regulatory requirements calls for innovative and cost-effective implementation strategies.(2) That economic incentives and market-based     approaches can be used to achieve pretreatment compliance in an innovative and cost-effective manner.(3) That development and operation of a pretreatment     market system should significantly lessen the economic impacts associated with implementation of the pretreatment requirements and still achieve the desired water quality, sludge quality, and protection of the sewers and treatment system.(b) The Agency shall design a pretreatment market system that will provide  more flexibility for municipalities and their tributary dischargers to develop  cost-effective solutions and will result in at least the total pollutant  reduction as achieved by the current application of federal categorical  standards, State pretreatment limits, and locally derived limits, as  applicable.  Such a  system should also assist publicly-owned treatment works in meeting applicable  NPDES permit limits and in preventing the discharge of  pollutants in quantities that would interfere with the operation of  the municipal sewer system.  In developing this system, the Agency shall  consult with interested publicly-owned treatment works and tributary  dischargers  to  ensure that relevant economic, environmental, and administrative factors are  taken into account.  As necessary, the Agency shall also consult with the  United States Environmental Protection Agency regarding the suitability of such  a system.(c) The Agency may adopt proposed rules for a market-based  pretreatment pollutant reduction, banking, and trading system that will  enable publicly-owned treatment works and their tributary dischargers to  implement cost-effective  compliance options.  Any proposal shall be adopted in accordance with the  provisions of the Illinois Administrative Procedure Act.(d) Notwithstanding the other provisions of this Act, a publicly-owned  treatment works may implement a pretreatment market system that is consistent  with subsection (b) of this Section, provided that the publicly-owned treatment  works:(1) operates an approved local pretreatment program     pursuant to State and federal NPDES regulations;(2) is not currently subject to enforcement action     for violation of NPDES requirements;(3) receives wastewater from tributary dischargers     that are subject to federal categorical pretreatment standards or approved local pretreatment limits; and(4) has modified, as appropriate, the local     pretreatment program to incorporate such market system.(e) Prior to implementation of any pretreatment market system, a  publicly-owned treatment works shall notify the Agency in writing of its  intention and request the Agency to make a consistency determination regarding  the local system's conformance with the rules promulgated pursuant to  subsection (c) of this Section.  Within 120 days, the Agency shall provide the  determination  in writing to the publicly-owned treatment works.(f) Notwithstanding the other provisions of this Act, any discharger  that is tributary to a publicly-owned treatment works with a pretreatment  market system shall be eligible to exchange trading units with dischargers  tributary to the same publicly-owned treatment works or with the  publicly-owned treatment works to which it is tributary.(g) Nothing in this Section shall be deemed to authorize a  publicly-owned treatment works:(1) to mandate the exchange of trading units by a     tributary discharger in a pretreatment market system implemented pursuant to this Section; or(2) to mandate reductions in pollutants from any     tributary discharger beyond that otherwise required by federal categorical and State pretreatment standards or approved local pretreatment limits.   (Source: P.A. 90-773, eff. 8-14-98.)