Bill Amendment: IL SB0577 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: EPA-WATER QUALITY STD VARIANCE
Status: 2016-05-17 - Referred to Rules Committee [SB0577 Detail]
Download: Illinois-2015-SB0577-Senate_Amendment_001.html
Bill Title: EPA-WATER QUALITY STD VARIANCE
Status: 2016-05-17 - Referred to Rules Committee [SB0577 Detail]
Download: Illinois-2015-SB0577-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 577
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2 | AMENDMENT NO. ______. Amend Senate Bill 577 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Sections 35, 36, and 38 and by adding Sections 3.547 | ||||||
6 | and 38.5 as follows:
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7 | (415 ILCS 5/3.547 new) | ||||||
8 | Sec. 3.547. Water quality standards variance. "Water | ||||||
9 | quality standards variance" has the meaning ascribed to that | ||||||
10 | term in 40 CFR 131.3(o).
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11 | (415 ILCS 5/35) (from Ch. 111 1/2, par. 1035)
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12 | Sec. 35. Variances; general provisions. To the extent | ||||||
13 | consistent with applicable provisions of the
Federal Water | ||||||
14 | Pollution Control Act, as now or hereafter amended, the Federal
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15 | Safe Drinking Water Act (P.L. 93-523), as now or hereafter |
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1 | amended, the Clean
Air Act as amended in 1977 (P.L. 95-95), and | ||||||
2 | regulations pursuant thereto, and
to the extent consistent with | ||||||
3 | applicable provisions of the Federal Resource
Conservation and | ||||||
4 | Recovery Act of 1976 (P.L. 94-580), and regulations pursuant
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5 | thereto:
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6 | (a) The Board may grant individual
variances beyond the | ||||||
7 | limitations prescribed in this Act, whenever it
is found, upon | ||||||
8 | presentation of adequate proof, that compliance with any
rule | ||||||
9 | or regulation, requirement or order of the Board would impose | ||||||
10 | an
arbitrary or unreasonable hardship. However, the Board is | ||||||
11 | not required to
find that an arbitrary or unreasonable hardship | ||||||
12 | exists exclusively because
the regulatory standard is under | ||||||
13 | review and the costs of compliance are
substantial and certain. | ||||||
14 | In granting or denying a variance the Board shall
file and | ||||||
15 | publish a written opinion stating the facts and reasons leading | ||||||
16 | to
its decision.
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17 | (b) The Agency shall grant provisional variances whenever
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18 | it is found, upon presentation of adequate proof, that | ||||||
19 | compliance on a short
term basis with any rule or
regulation, | ||||||
20 | requirement or order of the Board, or with any permit
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21 | requirement, would impose an arbitrary or unreasonable | ||||||
22 | hardship.
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23 | (c) Except as provided in subsection (b) of Section 38, | ||||||
24 | water quality standards variances shall be governed solely by | ||||||
25 | Section 38.5 of this Act. | ||||||
26 | (Source: P.A. 93-152, eff. 7-10-03.)
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1 | (415 ILCS 5/36) (from Ch. 111 1/2, par. 1036)
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2 | Sec. 36. Variances and provisional variances.
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3 | (a) In granting a variance pursuant to Section 35 of this | ||||||
4 | Act the Board may impose such
conditions as the policies of | ||||||
5 | this Act may require. If the hardship
complained of consists | ||||||
6 | solely of the need for a reasonable delay in
which to correct a | ||||||
7 | violation of this Act or of the Board regulations,
the Board | ||||||
8 | shall condition the grant of such variance upon the posting of
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9 | sufficient performance bond or other security to assure the | ||||||
10 | completion
of the work covered by the variance. The Board shall | ||||||
11 | have no authority
to delegate to the Agency its powers to | ||||||
12 | require such performance bond.
The original amount of such | ||||||
13 | performance bond shall not exceed the
reasonable cost of the | ||||||
14 | work to be completed pursuant to the variance.
The obligation | ||||||
15 | under such bond shall at no time exceed the reasonable
cost of | ||||||
16 | work remaining pursuant to the variance.
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17 | (b) Except as provided by Section 38 of this Act, any | ||||||
18 | variance
granted by the Board pursuant to subsection (a) of | ||||||
19 | Section 35 the provisions of this Section shall be granted for
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20 | such period of time, not exceeding five years, as shall be | ||||||
21 | specified by
the Board at the time of the grant of such | ||||||
22 | variance, and upon the
condition that the person who receives | ||||||
23 | such variance shall make such
periodic progress reports as the | ||||||
24 | Board shall specify. Such variance may
be extended from year to | ||||||
25 | year by affirmative action of the Board, but
only if |
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1 | satisfactory progress has been shown.
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2 | (c) Any provisional variance granted by the Agency pursuant
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3 | to subsection (b) of Section 35 shall be for a period of time | ||||||
4 | not to exceed
45 days. A provisional variance may be extended | ||||||
5 | up to an additional 45 days by written decision of the Agency.
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6 | The provisional variances granted to any one person shall not | ||||||
7 | exceed a total
of 90 days during any calendar year.
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8 | (Source: P.A. 93-152, eff. 7-10-03.)
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9 | (415 ILCS 5/38) (from Ch. 111 1/2, par. 1038)
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10 | Sec. 38.
(a) Except as otherwise provided in subsections | ||||||
11 | subsection (c) and (d) , if the
Board fails to take final action | ||||||
12 | upon a variance request within 120 days
after the filing of the | ||||||
13 | petition or the receipt of a request for hearing
pursuant to | ||||||
14 | subsection (a) of Section 37, whichever is later, the
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15 | petitioner may deem the request granted under this Act, for a | ||||||
16 | period not to
exceed one year. However, the period of 120 days | ||||||
17 | shall not run for any such
period of time, not to exceed 30 | ||||||
18 | days, during which the Board is without
sufficient membership | ||||||
19 | to constitute the quorum required by subsection (a) of
Section | ||||||
20 | 5 of this Act, provided that such 120 day period shall not be | ||||||
21 | stayed
for lack of quorum beyond 30 days regardless of whether | ||||||
22 | the lack of quorum
exists at the beginning of such 120 day | ||||||
23 | period or occurs during the running of
such 120 day period.
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24 | (b) If any person files a petition for a variance from a | ||||||
25 | rule or
regulation pursuant to Section 37 or Section 38.5 |
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1 | within 20 days after the effective date of such rule or
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2 | regulation, the operation of such rule or regulation shall be | ||||||
3 | stayed as to such
person pending the disposition of the | ||||||
4 | petition; provided, however, that
the operation of any rule or | ||||||
5 | regulation adopted by the Board which implements,
in whole or | ||||||
6 | in part, a State RCRA, UIC, or NPDES program shall not be | ||||||
7 | stayed.
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8 | The Board may hold a hearing upon said petition 5 days from | ||||||
9 | the date of
notice of such hearing or thereafter. All the | ||||||
10 | provisions of this Title
shall apply to petitions for extension | ||||||
11 | of existing variances and to
proposed Contaminant Reduction | ||||||
12 | programs designed to secure delayed
compliance with the Act or | ||||||
13 | with Board regulations.
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14 | (c) Subsection (a) of this Section shall not apply to a | ||||||
15 | request for a variance from
any provision of this Act or any | ||||||
16 | rule or regulation adopted by the Board
which implements, in | ||||||
17 | whole or in part, a State RCRA, UIC, or NPDES program.
If the | ||||||
18 | Board fails to take final action on any request for a variance | ||||||
19 | from
any such rule or regulation within 120 days of the filing | ||||||
20 | of the petition,
the Petitioner shall be entitled to an | ||||||
21 | Appellate Court order pursuant to
Section 41(d) of this Act.
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22 | (d) Except as provided in subsection (b) of this Section, | ||||||
23 | water quality standards variances shall be governed solely by | ||||||
24 | Section 38.5 of this Act. | ||||||
25 | (Source: P.A. 87-914.)
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1 | (415 ILCS 5/38.5 new) | ||||||
2 | Sec. 38.5. Water quality standards variances. | ||||||
3 | (a) The Board may adopt water quality standards variances | ||||||
4 | not only beyond any limitation otherwise prescribed in this Act | ||||||
5 | or rules adopted under this Act, but also to the full extent | ||||||
6 | allowed under federal law, including the Federal Water | ||||||
7 | Pollution Control Act, as amended, and rules adopted by the | ||||||
8 | United States Environmental Protection Agency under that Act. A | ||||||
9 | water quality standards variance may be adopted under this | ||||||
10 | Section for a watershed or for one or more bodies of water, | ||||||
11 | body of water segments, or dischargers. This Section shall | ||||||
12 | apply to all petitions for water quality standards variances, | ||||||
13 | even if filed prior to the effective date of this amendatory | ||||||
14 | Act of the 99th General Assembly. Any stay granted under | ||||||
15 | Section 38 of this Act shall continue pending disposition of | ||||||
16 | that petition under this Section. | ||||||
17 | (b) Not later than 6 months after the effective date of | ||||||
18 | this amendatory Act of the 99th General Assembly, the Agency | ||||||
19 | shall propose, and not later than 6 months thereafter the Board | ||||||
20 | shall adopt, rules that prescribe the specific procedures and | ||||||
21 | standards to be used by the Board when adopting water quality | ||||||
22 | standards variances. Nothing shall prohibit the Board from | ||||||
23 | adopting water quality standards variances to the full extent | ||||||
24 | allowed under federal law in the absence of these rules. | ||||||
25 | (c) Each Board-approved water quality standards variance | ||||||
26 | other than an individual water quality standards variance shall |
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1 | set forth criteria that shall be used by the Agency to approve | ||||||
2 | or deny petitions for coverage under that water quality | ||||||
3 | standards variance. Any discharger may petition the Agency to | ||||||
4 | obtain coverage under any Board-approved water quality | ||||||
5 | standards variance other than an individual water quality | ||||||
6 | standards variance; the Agency shall use the Board-established | ||||||
7 | criteria to approve or deny coverage under that variance. | ||||||
8 | (d) For petitions for water quality standards variances | ||||||
9 | filed on or after the effective date of the rules adopted | ||||||
10 | pursuant subsection (b) of this Section, the rules adopted | ||||||
11 | pursuant to subsection (b) shall provide the exclusive | ||||||
12 | procedural and substantive requirements for obtaining a water | ||||||
13 | quality standards variance under this Act. | ||||||
14 | (e) Any person filing a petition for a water quality | ||||||
15 | standards variance under this Section shall pay a filing fee to | ||||||
16 | the Board in the amount required for a petition for variance | ||||||
17 | under Section 7.5 of this Act.
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
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