(415 ILCS 25/0.01)

(from Ch. 85, par. 1700)

Sec. 0.01.

Short title.

This Act may be cited as the

Water Pollutant Discharge Act.

(Source: P.A. 86‑1324.)

(415 ILCS 25/1)

(from Ch. 85, par. 1701)

Sec. 1.

It is hereby declared that it is the public policy of the State of Illinois that there should be no discharges of oil or other pollutants into or upon any waters which are or may be used for the purposes of providing a water supply for any city, town or village, or for purposes of recreation or navigation and that those persons responsible for such discharges shall bear the costs of removal.

(Source: P. A. 77‑1605.)

(415 ILCS 25/2)

(from Ch. 85, par. 1702)

Sec. 2.

For purposes of this Section, unless the context otherwise requires, the term‑‑

(a) "oil" means oil of any kind or in any form including, but not limited to, petroleum, fuel oil, sludge and oil refuse;

(b) "other pollutants" mean any floating materials which may cause unsightly appearance on the surface of such waters or are detrimental to aquatic life or the water quality of such waters;

(c) "discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping;

(d) "remove" or "removal" refers to removal of oil, or other pollutants, from the waters and taking such other action as may be necessary to minimize damage to the public health or welfare from discharges of oil or other pollutants;

(e) "facility" means any facility of any kind located in, on, or under land or waters and watercraft of every description;

(f) "waters" mean all waters of any river, stream, watercourse, pond, or lake wholly or partly within the territorial boundaries of the State of Illinois;

(g) "governmental body" means cities, villages, incorporated towns or any units of local government;

(h) "owner or operator" means any person owning or operating any facility;

(i) "person" includes an individual, firm, corporation, association or partnership.

(Source: P. A. 77‑1605.)

(415 ILCS 25/3)

(from Ch. 85, par. 1703)

Sec. 3.

The discharge of oil in quantities which exceed the standards adopted by the Pollution Control Board, or the discharge of other pollutants directly or indirectly into the waters is prohibited.

(Source: P. A. 77‑1605.)

(415 ILCS 25/4)

(from Ch. 85, par. 1704)

Sec. 4.

Whenever any oil or other pollutant is discharged in violation of Section 3 of this act, any governmental body having such waters within its territorial limits is authorized to act to remove or arrange for the removal of such oil or other pollutants.

(Source: P. A. 77‑1605.)

(415 ILCS 25/5)

(from Ch. 85, par. 1705)

Sec. 5.

The owner or operator of such facility from which oil or other pollutants are discharged in violation of Section 3 of this Act, shall be liable to such governmental body for the actual costs incurred for the removal of such oil or other pollutants. Such governmental body may, if necessary, bring an action in the circuit court for the recovery of the actual costs of removal, plus reasonable attorneys fee, court costs and other expenses of litigation.

(Source: P.A. 79‑1358.)

(415 ILCS 25/6)

(from Ch. 85, par. 1706)

Sec. 6.

Nothing in this act shall affect or modify the liabilities of any owner or operator for damage to any publicly‑owned or privately‑owned property resulting from a discharge or removal of oil or other pollutants; nor shall this act be construed as affecting or modifying any other existing authority or act.

(Source: P. A. 77‑1605.)