2023 Illinois Compiled Statutes › Chapter 415 - ENVIRONMENTAL SAFETY › 415 ILCS 5/ - Environmental Protection Act. › Title III - Water Pollution

(415 ILCS 5/Tit. III heading)
TITLE III:  
		WATER POLLUTION
(415 ILCS 5/11) (from Ch. 111 1/2, par. 1011)
Sec. 11. 
		(a) The General Assembly finds:
(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;
(2) that the Federal Water Pollution Control Act, as now or hereafter amended,
provides for a National Pollutant Discharge Elimination System (NPDES)
to regulate the discharge of contaminants to the waters of the United States;
(3) that the Safe Drinking Water Act (P.L. 93-523), as amended, provides
for an Underground Injection Control (UIC) program to regulate the underground
injection of contaminants;
(4) that it would be inappropriate and misleading for the State of Illinois
to issue permits to contaminant sources subject to such federal law, as
well as State law, which do not contain such terms and conditions as are
required by federal law, or the issuance of which is contrary to federal law;
(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 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 which will implement the provisions
of such federal Act;
(6) that Part C of the Safe Drinking Water Act (P.L. 93-523), as amended,
provides that the United States Environmental Protection Agency shall implement
the UIC program authorized therein unless (a) the State is authorized by
and under its law to establish and administer its own UIC program, and (b)
pursuant to such federal Act, the Administrator of the United States
Environmental Protection Agency approves such State program which will
implement the provisions of such federal Act;
(7) that it is in the interest of the People of the State of Illinois
for the State to authorize such NPDES and UIC programs and secure federal
approval thereof, and thereby to avoid the existence of duplicative,
overlapping or conflicting state and federal statutory permit systems;
(8) that the federal requirements for the securing of such
NPDES and UIC permit program approval, as set forth in the Federal Water
Pollution Control Act, as now or hereafter amended,
and in the Safe
Drinking Water Act (P.L. 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 forth in this Act all the
requirements of such federal Act or all regulations which may be
established thereunder.
(b) It is the purpose of this Title to restore, maintain and enhance the
purity of the waters of this State in order to protect health, welfare,
property, and the quality of life, and to assure that no contaminants are
discharged 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 source
within the State of Illinois, without being given the degree of treatment
or control necessary to prevent pollution, or without being made subject
to such conditions as are required to achieve and maintain compliance with
State and federal law; and to authorize, empower, and direct the Board to
adopt such regulations and the Agency to adopt such procedures as will enable
the State to secure federal approval to issue NPDES permits pursuant to
the provisions of the Federal Water Pollution Control Act, as now or
hereafter amended, and federal regulations pursuant thereto and to
authorize, empower, and direct the Board to adopt such regulations and the
Agency to adopt such procedures as will enable the State to secure federal
approval of the State UIC program pursuant to the provisions of Part C of
the Safe Drinking Water Act (P.L. 93-523), as amended, and federal
regulations pursuant thereto.
(c) The provisions of this Act authorizing implementation 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.
(Source: P.A. 86-671.)
(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.
(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 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.
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 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 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.)
(415 ILCS 5/12.1) (from Ch. 111 1/2, par. 1012.1)
Sec. 12.1. 
		(Repealed).
(Source: P.A. 83-1358. Repealed by P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/12.2) (from Ch. 111 1/2, par. 1012.2)
Sec. 12.2. 
		Water pollution construction permit fees.
(a) Beginning July 1, 2003, the Agency shall
collect a fee in the amount set forth in this Section:
(1) for any sewer which requires a construction     permit under paragraph (b) of Section 12, from each applicant for a sewer construction permit under paragraph (b) of Section 12 or regulations adopted hereunder; and
(2) for any treatment works, industrial pretreatment     works, or industrial wastewater source that requires a construction permit under paragraph (b) of Section 12, from the applicant for the construction permit. However, no fee shall be required for a treatment works or wastewater source directly covered and authorized under an NPDES permit issued by the Agency, nor for any treatment works, industrial pretreatment works, or industrial wastewater source (i) that is under or pending construction authorized by a valid construction permit issued by the Agency prior to July 1, 2003, during the term of that construction permit, or (ii) for which a completed construction permit application has been received by the Agency prior to July 1, 2003, with respect to the permit issued under that application.
(b) Each applicant or person required to pay a fee under this Section
shall submit the fee to the Agency along with the permit application.  The
Agency shall deny any construction permit application for which a fee is
required under this Section that does not contain the appropriate fee.
(c) The amount of the fee is as follows:
(1) A $100 fee shall be required for any sewer     constructed with a design population of 1.
(2) A $400 fee shall be required for any sewer     constructed with a design population of 2 to 20.
(3) A $800 fee shall be required for any sewer     constructed with a design population greater than 20 but less than 101.
(4) A $1200 fee shall be required for any sewer     constructed with a design population greater than 100 but less than 500.
(5) A $2400 fee shall be required for any sewer     constructed with a design population of 500 or more.
(6) A $1,000 fee shall be required for any industrial     wastewater source that does not require pretreatment of the wastewater prior to discharge to the publicly owned treatment works or publicly regulated treatment works.
(7) A $3,000 fee shall be required for any industrial     wastewater source that requires pretreatment of the wastewater for non-toxic pollutants prior to discharge to the publicly owned treatment works or publicly regulated treatment works.
(8) A $6,000 fee shall be required for any industrial     wastewater source that requires pretreatment of the wastewater for toxic pollutants prior to discharge to the publicly owned treatment works or publicly regulated treatment works.
(9) A $2,500 fee shall be required for construction     relating to land application of industrial sludge or spray irrigation of industrial wastewater.
All fees collected by the Agency under this Section shall be deposited into
the Environmental Protection Permit and Inspection Fund in accordance with
Section 22.8.
(d) Prior to a final Agency decision on a permit application for which
a fee has been paid under this Section, the applicant may propose
modification to the application in accordance with this Act and regulations
adopted hereunder without any additional fee becoming due, unless the
proposed modifications cause an increase in the design population served by
the sewer specified in the permit application before the modifications
or the modifications cause a change in the applicable fee category stated
in subsection (c).  If the modifications cause such an increase or change
the fee category and the increase results in additional fees being due under
subsection (c), the applicant shall submit the additional fee to the Agency
with the proposed modifications.
(e) No fee shall be due under this Section from:
(1) any department, agency or unit of State     government for installing or extending a sewer;
(2) any unit of local government with which the     Agency has entered into a written delegation agreement under Section 4 which allows such unit to issue construction permits under this Title, or regulations adopted hereunder, for installing or extending a sewer; or
(3) any unit of local government or school district     for installing or extending a sewer where both of the following conditions are met:
(i) the cost of the installation or extension is         paid wholly from monies of the unit of local government or school district, State grants or loans, federal grants or loans, or any combination thereof; and
(ii) the unit of local government or school         district is not given monies, reimbursed or paid, either in whole or in part, by another person (except for State grants or loans or federal grants or loans) for the installation or extension.
(f) The Agency may establish procedures relating to the collection of
fees under this Section.  The Agency shall not refund any fee paid to it
under this Section.  Notwithstanding the provisions of any rule adopted
before July 1, 2003 concerning fees under this Section, the Agency
shall assess and collect the fees imposed under subdivision (a)(2) of this
Section and the increases in the fees imposed under subdivision (a)(1) of
this Section beginning on July 1, 2003, for all completed applications
received on or after that date.
(g) Notwithstanding any other provision of this Act, the Agency shall,
not later than 45 days following the receipt of both an application for a
construction permit and the fee required by this Section, either approve
that application and issue a permit or tender to the applicant a written
statement setting forth with specificity the reasons for the disapproval of
the application and denial of a permit.  If the Agency takes no final action
within 45 days after the filing of the application for a permit, the applicant
may deem the permit issued.
(h) For purposes of this Section:
"Toxic pollutants" means those pollutants defined in Section 502(13) of
the federal Clean Water Act and regulations adopted pursuant to that Act.
"Industrial" refers to those industrial users referenced in Section 502(13)
of the federal Clean Water Act and regulations adopted pursuant to that Act.
"Pretreatment" means the reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant
properties in wastewater prior to or in lieu of discharging or otherwise
introducing those pollutants into a publicly owned treatment works or publicly
regulated treatment works.
(Source: P.A. 93-32, eff. 7-1-03.)
(415 ILCS 5/12.3) (from Ch. 111 1/2, par. 1012.3)
Sec. 12.3. 
		Septic system sludge. 
		Beginning January 1, 1993, any
wastewater treatment facility or other appropriate waste disposal facility
owned or operated by a unit of local government located in a county with a
population of less than 3,000,000 may accept, for appropriate
treatment or disposal, any septic system sludge generated by any private
residence within that unit of local government or within any other unit of
local government that is located within the same county and not served by
its own wastewater treatment facility. The unit of local government may
establish and charge reasonable fees for the acceptance, handling, treatment,
and disposal of the sludge to defray any additional capital costs incurred
specifically to comply with this Section.
This Section does not limit any power exercised by a unit of local
government under any other law.
(Source: P.A. 87-1138.)
(415 ILCS 5/12.4)
Sec. 12.4. Vegetable by-product; land application; report. In addition to any other requirements of this Act, a generator of vegetable
by-products utilizing land application shall prepare an annual report identifying the quantity of vegetable by-products transported for land
application during the reporting period, the hauler or haulers utilized for
the transportation, and the sites to which the vegetable by-products were
transported. The report must be retained on the premises of the generator for a minimum of 5 calendar years after the end of the applicable reporting period and must, during that time, be made available to the Agency for inspection and copying during normal business hours.
(Source: P.A. 100-103, eff. 8-11-17.)
(415 ILCS 5/12.5)
Sec. 12.5. NPDES discharge fees; sludge permit fees.
(a) Beginning July 1, 2003, the Agency shall assess and collect annual fees
(i) in the amounts set forth in subsection (e) for all discharges that require
an NPDES permit under subsection (f) of Section 12, from each person holding an
NPDES permit authorizing those discharges (including a person who continues to
discharge under an expired permit pending renewal), and (ii) in the amounts
set forth in subsection (f) of this Section for all activities that require a
permit under subsection (b) of Section 12, from each person holding a domestic
sewage sludge generator or user permit.
Each person subject to this Section must remit the applicable annual fee to
the Agency in accordance with the requirements set forth in this Section and
any rules adopted pursuant to this Section.
(b) Within 30 days after the effective date of this Section, and each year thereafter, except when a fee is not due  because of the operation of subsection (c), the Agency shall send a fee notice by mail
to each existing permittee subject to a fee under this Section at his or her
address of record.  The notice shall state the amount of the applicable annual
fee and the date by which payment is required.
Except as provided in subsection (c) with respect to initial fees under
new permits and certain modifications of existing permits, fees payable under
this Section are due by the date
specified in the fee notice, which shall be no less than 30 days after the date
the fee notice is mailed by the Agency.
(c) The initial annual fee for discharges under a new NPDES
permit or for activity under a new
sludge generator or sludge user
permit must be remitted to the Agency prior to the issuance of the permit.
The Agency shall provide notice of the amount of the fee to the applicant
during its review of the application.  In the case of a new
NPDES
or sludge permit issued during the months of January through June, the Agency
may prorate the initial annual fee payable under this Section.
The initial annual fee for discharges or other activity under a general
NPDES permit must be remitted to the Agency as part of the application
for coverage under that general permit.
Beginning January 1, 2010, in the case of construction site storm water discharges for which a coverage letter under a general NPDES permit or individual NPDES permit has been issued or for which the application for coverage under an NPDES permit has been filed with the Agency, no annual fee shall be due after payment of an initial annual fee in the amount provided in subsection (e)(10) of this Section.
If a requested modification to an existing NPDES permit causes a change in
the applicable fee categories under subsection (e) that results in an increase
in the required fee, the permittee must pay to the Agency the amount of the
increase, prorated for the number of months remaining before the next July 1,
before the modification is granted.
(d) Failure to submit the fee required under this Section by the due
date constitutes a violation of this Section.  Late payments shall incur an
interest penalty, calculated at the rate in effect from time to time for tax
delinquencies under subsection (a) of Section 1003 of the Illinois Income Tax
Act, from the date the fee is due until the date the fee payment is received
by the Agency.
(e) The annual fees applicable to discharges under NPDES permits are as
follows:
(1) For NPDES permits for publicly owned treatment     works, other facilities for which the wastewater being treated and discharged is primarily domestic sewage, and wastewater discharges from the operation of public water supply treatment facilities, the fee is:
(i) $1,500 for the 12 months beginning July 1,         2003 and $500 for each subsequent year, for facilities with a Design Average Flow rate of less than 100,000 gallons per day;
(ii) $5,000 for the 12 months beginning July 1,         2003 and $2,500 for each subsequent year, for facilities with a Design Average Flow rate of at least 100,000 gallons per day but less than 500,000 gallons per day;
(iii) $7,500 for facilities with a Design Average         Flow rate of at least 500,000 gallons per day but less than 1,000,000 gallons per day;
(iv) $15,000 for facilities with a Design Average         Flow rate of at least 1,000,000 gallons per day but less than 5,000,000 gallons per day;
(v) $30,000 for facilities with a Design Average         Flow rate of at least 5,000,000 gallons per day but less than 10,000,000 gallons per day; and
(vi) $50,000 for facilities with a Design Average         Flow rate of 10,000,000 gallons per day or more.
(2) For NPDES permits for treatment works or sewer     collection systems that include combined sewer overflow outfalls, the fee is:
(i) $1,000 for systems serving a tributary         population of 10,000 or less;
(ii) $5,000 for systems serving a tributary         population that is greater than 10,000 but not more than 25,000; and
(iii) $20,000 for systems serving a tributary         population that is greater than 25,000.
The fee amounts in this subdivision (e)(2) are in     addition to the fees stated in subdivision (e)(1) when the combined sewer overflow outfall is contained within a permit subject to subsection (e)(1) fees.
(3) For NPDES permits for mines producing coal, the     fee is $5,000.
(4) For NPDES permits for mines other than mines     producing coal, the fee is $5,000.
(5) For NPDES permits for industrial activity where     toxic substances are not regulated, other than permits covered under subdivision (e)(3) or (e)(4), the fee is:
(i) $1,000 for a facility with a Design Average         Flow rate that is not more than 10,000 gallons per day;
(ii) $2,500 for a facility with a Design Average         Flow rate that is more than 10,000 gallons per day but not more than 100,000 gallons per day; and
(iii) $10,000 for a facility with a Design         Average Flow rate that is more than 100,000 gallons per day.
(6) For NPDES permits for industrial activity where     toxic substances are regulated, other than permits covered under subdivision (e)(3) or (e)(4), the fee is:
(i) $15,000 for a facility with a Design Average         Flow rate that is not more than 250,000 gallons per day; and
(ii) $20,000 for a facility with a Design Average         Flow rate that is more than 250,000 gallons per day.
(7) For NPDES permits for industrial activity     classified by USEPA as a major discharge, other than permits covered under subdivision (e)(3) or (e)(4), the fee is:
(i) $30,000 for a facility where toxic substances         are not regulated; and
(ii) $50,000 for a facility where toxic         substances are regulated.
(8) For NPDES permits for municipal separate storm     sewer systems, the fee is $1,000.
(9) For NPDES permits for industrial storm water, the     fee is $500.
(10) For NPDES permits for construction site storm     water, the fee
(A) for applications received before January 1,         2010 is $500;
(B) for applications received on or after January         1, 2010 is:
(i) $250 if less than 5 acres are disturbed;             and
(ii) $750 if 5 or more acres are disturbed.
(11) For an NPDES permit for a Concentrated Animal     Feeding Operation (CAFO), the fee is:
(A) $750 for  a  Large CAFO, as defined in 40         C.F.R. 122.23(b)(4);
(B) $350 for a Medium CAFO, as defined in 40         C.F.R. 122.23(b)(6); and
(C) $150 for a Small CAFO, as defined in 40         C.F.R. 122.23(b)(9).
(f) The annual fee for activities under a permit that authorizes applying
sludge on land is $2,500 for a sludge generator permit and $5,000 for a sludge
user permit.
(g) More than one of the annual fees specified in subsections (e) and (f)
may be applicable to a permit holder.  These fees are in addition to any other
fees required under this Act.
(h) The fees imposed under this Section do not apply to the State or any
department or agency of the State, nor to any school district, or to any private sewage disposal system as defined in the Private Sewage Disposal Licensing Act (225 ILCS 225/).
(i) The Agency may adopt rules to administer the fee program established
in this Section.  The Agency may include provisions pertaining to invoices,
notice of late payment, refunds, and disputes concerning the amount or timeliness of
payment.  The Agency may set forth procedures and criteria for the acceptance
of payments.  The absence of such rules does not affect the duty of the Agency
to immediately begin the assessment and collection of fees under this Section.
(j) All fees and interest penalties collected by the Agency under this
Section shall be deposited into the Illinois Clean Water Fund, which is
hereby created as a special fund in the State treasury.  Gifts,
supplemental environmental project funds, and grants may be deposited into
the Fund.  Investment earnings on moneys held in the Fund shall be credited
to the Fund.
Subject to appropriation, the moneys in the Fund shall be used by the
Agency to carry out the Agency's clean water activities.
(k) Except as provided in subsection (l) or Agency rules, fees paid to the Agency under this Section are not refundable.
(l) The Agency may refund the difference between (a) the amount paid by any person under subsection (e)(1)(i) or (e)(1)(ii) of this Section for the 12 months beginning July 1, 2004 and (b) the amount due under subsection (e)(1)(i) or (e)(1)(ii) as established by this amendatory Act of the 93rd General Assembly.
(Source: P.A. 96-245, eff. 8-11-09; 97-962, eff. 8-15-12.)
(415 ILCS 5/12.6)
Sec. 12.6. Certification fees.
(a) Beginning July 1, 2003, the Agency shall collect a fee in the amount
set forth in subsection (b) from each applicant for a state water quality
certification required by Section 401 of the federal Clean Water Act prior
to a federal authorization pursuant to Section 404 of that Act; except that
the fee does not apply to the State or any department or agency of the State,
nor to any school district.
(b) The amount of the fee for a State water quality certification is $350 or
1% of the gross value of the proposed project, whichever is greater, but not to
exceed $10,000.
(c) Each applicant seeking a federal authorization of an action requiring
a Section 401 state water quality certification by the Agency shall submit
the required fee to the Agency prior to the issuance of the certification.  The Agency shall provide notice of the amount of the fee to the applicant during its review of the application.  The Agency shall not issue a Section 401 state water quality certification until the appropriate fee has been received from the applicant.
(d) The Agency may establish procedures relating to the collection of fees
under this Section.  Notwithstanding the adoption of any rules establishing
such procedures, the Agency may begin collecting fees under this Section on
July 1, 2003 for all complete applications received on or after that date.
All fees collected by the Agency under this Section shall be deposited
into the Illinois Clean Water Fund.  Fees paid under this Section are not
refundable.
(Source: P.A. 95-516, eff. 8-28-07.)
(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 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;
(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 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 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.
(Source: P.A. 93-170, eff. 7-10-03.)
(415 ILCS 5/13.1) (from Ch. 111 1/2, par. 1013.1)
Sec. 13.1. 
		Groundwater monitoring network.
(a) (Blank.)
(b) The Agency shall establish a Statewide groundwater monitoring
network. Such network shall include a sufficient number of testing wells to
assess the current levels of contamination in the groundwaters of the State
and to detect any future degradation of groundwater resources.  The
monitoring network shall give special emphasis to critical groundwater
areas and to locations near hazardous waste disposal facilities.  To the
extent possible, the network shall utilize existing publicly or privately
operated drinking water or monitoring wells.
(c) (Blank.)
(d) (Blank.)
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/13.2) (from Ch. 111 1/2, par. 1013.2)
Sec. 13.2. 
		
		At the request of the owner or user of a
private well, the Agency shall provide for annual testing of water from
private wells located within 1/2 mile of any active or inactive sanitary
landfill or hazardous waste disposal facility
at no charge to the owner of the well.
Before obtaining a sample for testing, the Agency shall, not less than
5 business days prior to obtaining the sample, notify the owner or operator
of the sanitary landfill or hazardous waste disposal facility of the
opportunity to obtain a split sample and specify the sampling procedure,
testing procedure and analytical parameters to be evaluated.
Sample collection shall be conducted in cooperation with the Illinois
Department of Public Health and the recognized local health department,
where one exists, in whose jurisdiction the well is located.  The Illinois
Department of Public Health and the local health department shall be
provided with a written report of results upon completion of sample testing.
(Source: P.A. 83-1528.)
(415 ILCS 5/13.3) (from Ch. 111 1/2, par. 1013.3)
Sec. 13.3. 
		
		In accordance with Section 7.2, 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 to implement Sections 307(b), (c), (d), 402(b)(8) and
402(b)(9) of the Federal Water Pollution Control Act, 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 Title VII of this Act shall not apply to
regulations adopted under this Section.  Sections 5-35 and 5-75 of the Illinois
Administrative Procedure Act relating to procedures for rulemaking shall not
apply to regulations adopted under this Section.  However, the Board shall
provide for notice and public comment before adopted rules are filed with the
Secretary of State.
(Source: P.A. 88-45; 89-445, eff. 2-7-96.)
(415 ILCS 5/13.4)
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.)
(415 ILCS 5/13.5)
Sec. 13.5. 
		Sewage works; operator certification.
(a) For the purposes of this Section, the term "sewage works" includes,
without limitation, wastewater treatment works, pretreatment works, and sewers
and collection systems.
(b) The Agency may establish and enforce standards for the definition and
certification of the technical competency of personnel who operate sewage
works, and for ascertaining that sewage works are under the supervision of
trained individuals whose qualifications have been approved by the Agency.
(c) The Agency may issue certificates of competency to persons meeting the
standards of technical competency established by the Agency under this Section,
and may promulgate and enforce regulations pertaining to the issuance and use
of those certificates.
(d) The Agency shall administer the certification program established under
this Section.  The Agency may enter into formal working agreements with other
departments or agencies of State or local government under which all or
portions of its authority under this Section may be delegated to the
cooperating department or agency.
(e) This Section and the changes made to subdivision (a)(4) of Section
13 by this amendatory Act of the 93rd General Assembly do not invalidate
the operator certification rules previously adopted by the Agency and
codified as Part 380 of Title 35, Subtitle C, Chapter II of the Illinois
Administrative Code.  Those rules, as amended from time to time, shall
continue in effect until they are superseded or repealed.
(Source: P.A. 93-170, eff. 7-10-03.)
(415 ILCS 5/13.6)
Sec. 13.6. Release of
radionuclides at nuclear power plants.
(a) The purpose of this Section is to require the detection and reporting of unpermitted releases of any
radionuclides into groundwater, surface water, or soil at nuclear power plants, to the extent that federal law or regulation does not preempt such requirements.
(b) No owner or operator of a nuclear power plant shall violate  any rule adopted under this Section.
(c) Within 24 hours after an unpermitted release of a
radionuclide from a nuclear power plant, the owner or operator of the nuclear power plant where the release occurred shall report the release to the Agency and the Illinois Emergency Management Agency. For purposes of this Section, "unpermitted release of a
radionuclide" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a
radionuclide into groundwater, surface water, or soil that is not permitted under State or federal law or regulation.
(d) The Agency and the Illinois Emergency Management Agency shall inspect each nuclear power plant for compliance with the requirements of this Section and rules adopted pursuant to this Section no less than once each calendar quarter. Nothing in this Section shall limit the Agency's authority to make inspections under Section 4 or any other provision of this Act.
(e) No later than one year after the effective date of this amendatory Act of the 94th General Assembly, the Agency, in consultation with the Illinois Emergency Management Agency, shall propose rules to the Board prescribing standards for detecting and reporting unpermitted releases of
radionuclides. No later than one year after receipt of the Agency's proposal, the Board shall adopt rules prescribing standards for detecting and reporting unpermitted releases of
radionuclides.
(Source: P.A. 94-849, eff. 6-12-06; 95-66, eff. 8-13-07.)
(415 ILCS 5/13.7)
Sec. 13.7. Carbon dioxide sequestration sites.
(a)  For purposes of this Section, the term "carbon dioxide sequestration site" means a site or facility for which the Agency has issued a permit for the underground injection of carbon dioxide.
(b) The Agency shall inspect carbon dioxide sequestration sites for compliance with this Act, rules adopted under this Act, and permits issued by the Agency.
(c) If the Agency issues a seal order under Section 34 of this Act in relation to a carbon dioxide sequestration site, or if a civil action for an injunction to halt activity at a carbon dioxide sequestration site is initiated under Section 43 of this Act at the request of the Agency, then the Agency shall post notice of such action on its website.
(d) Persons seeking a permit or permit modification for the underground injection of carbon dioxide shall be liable to the Agency for all reasonable and documented costs incurred by the Agency that are associated with review and issuance of the permit, including, but not limited to, costs associated with public hearings and the review of permit applications.  Once a permit is issued, the permittee shall be liable to the Agency for all reasonable and documented costs incurred by the Agency that are associated with inspections and other oversight of the carbon dioxide sequestration site.  Persons liable for costs under this subsection (d) must pay the costs upon invoicing, or other request or demand for payment, by the Agency. Costs for which a person is liable under this subsection (d) are in addition to any other fees, penalties, or other relief provided under this Act or any other law.
Moneys collected under this subsection (d) shall be deposited into the Environmental Protection Permit and Inspection Fund established under Section 22.8 of this Act.  The Agency may adopt rules relating to the collection of costs due under this subsection (d).
(e) The Agency shall not issue a permit or permit modification for the underground injection of carbon dioxide unless all costs for which the permittee is liable under subsection (d) of this Section have been paid.
(f) No person shall fail or refuse to pay costs for which the person is liable under subsection (d) of this Section.
(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11.)
(415 ILCS 5/13.8)
Sec. 13.8. Algicide permits. No person shall be required to obtain a permit from the Agency to apply a commercially available algicide, such as copper sulfate or a copper sulfate solution, in accordance with the instructions of its manufacturer, to a body of water that: (i) is located wholly on private property, (ii) is not a water of the United States for purposes of the Federal Water Pollution Control Act, and (iii) is not used as a community water supply source.
(Source: P.A. 100-802, eff. 8-10-18.)
(415 ILCS 5/13.9)
Sec. 13.9. Mahomet Aquifer natural gas storage study.
(a) Subject to appropriation, the Prairie Research Institute shall:
(1) use remote sensing technologies, such as     helicopter-based time domain electromagnetics, post-processing methods, and geologic modeling software, to examine, characterize, and prepare three-dimensional models of the unconsolidated geologic materials overlying any underground natural gas storage facility located within the boundaries of the Mahomet Aquifer; and
(2) to the extent possible, identify within those     unconsolidated geologic materials potential structures and migration pathways for natural gas that may be released from the underground natural gas storage facility.
(b) For purposes of this Section, "underground natural gas storage facility" has the meaning provided in Section 5 of the Illinois Underground Natural Gas Storage Safety Act.
(Source: P.A. 101-573, eff. 1-1-20.)
(415 ILCS 5/13.10)
Sec. 13.10. Microplastics. By March 1, 2024, the Agency shall make publicly available on its website the following information:
(1) a description of microplastics and their effects     on aquatic life and human health, including relevant background information and sources of microplastics;
(2) any federal and State regulatory actions taken to     address microplastics and their effects on aquatic life and human health;
(3) contact information for an employee of the Agency     who is available to provide information on microplastics if a member of the public has questions or concerns; and
(4) additional resources, including, but not limited     to, links to webpages containing information on microplastics on the United States Environmental Protection Agency's website, the National Oceanic and Atmospheric Administration's website, the National Institutes of Health's website, the websites of other State agencies and universities, and other scientifically reputable websites that may contain additional relevant information on microplastics.
The Agency shall update the website as additional information or data regarding microplastics in the State becomes available.
By October 1, 2024, the Agency shall submit a report to the General Assembly and the Governor that provides an overview of any Agency actions relating to microplastics, a comparative analysis of actions in other states regarding microplastics in the environment, and information on the latest guidance from the United States Environmental Protection Agency.
(Source: P.A. 103-93, eff. 1-1-24.)