Bill Text: IL HB0464 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the Pollution Control Board.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB0464 Detail]

Download: Illinois-2019-HB0464-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0464 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
415 ILCS 5/5 from Ch. 111 1/2, par. 1005
Amends the Environmental Protection Act. Makes a technical change in a Section concerning the Pollution Control Board.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Section 5 as follows:
(415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
Sec. 5. Pollution Control Board.
(a) There is hereby created an independent board to be
known as the the Pollution Control Board.
On and after August 11, 2003 (the effective date of Public
Act 93-509), the Board shall consist of 5 technically qualified
members, no more than 3 of whom may be of the same political
party, to be appointed by the Governor with the advice and
consent of the Senate. Members shall have verifiable technical,
academic, or actual experience in the field of pollution
control or environmental law and regulation.
One member shall be appointed for a term ending July 1,
2004, 2 shall be appointed for terms ending July 1, 2005, and 2
shall be appointed for terms ending July 1, 2006. Thereafter,
all members shall hold office for 3 years from the first day of
July in the year in which they were appointed, except in case
of an appointment to fill a vacancy. In case of a vacancy in
the office when the Senate is not in session, the Governor may

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make a temporary appointment until the next meeting of the
Senate, when he or she shall nominate some person to fill such
office; and any person so nominated, who is confirmed by the
Senate, shall hold the office during the remainder of the term.
Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from office, such resignation to take effect
when a successor has been appointed and has qualified.
Board members shall be paid $37,000 per year or an amount
set by the Compensation Review Board, whichever is greater, and
the Chairman shall be paid $43,000 per year or an amount set by
the Compensation Review Board, whichever is greater. Each
member shall devote his or her entire time to the duties of the
office, and shall hold no other office or position of profit,
nor engage in any other business, employment, or vocation. Each
member shall be reimbursed for expenses necessarily incurred
and shall make a financial disclosure upon appointment.
The Board may employ one assistant for each member and 2
assistants for the Chairman. The Board also may employ and
compensate hearing officers to preside at hearings under this
Act, and such other personnel as may be necessary. Hearing
officers shall be attorneys licensed to practice law in
Illinois.
The Board may have an Executive Director; if so, the
Executive Director shall be appointed by the Governor with the
advice and consent of the Senate. The salary and duties of the

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Executive Director shall be fixed by the Board.
The Governor shall designate one Board member to be
Chairman, who shall serve at the pleasure of the Governor.
The Board shall hold at least one meeting each month and
such additional meetings as may be prescribed by Board rules.
In addition, special meetings may be called by the Chairman or
by any 2 Board members, upon delivery of 48 hours written
notice to the office of each member. All Board meetings shall
be open to the public, and public notice of all meetings shall
be given at least 48 hours in advance of each meeting. In
emergency situations in which a majority of the Board certifies
that exigencies of time require the requirements of public
notice and of 24 hour written notice to members may be
dispensed with, and Board members shall receive such notice as
is reasonable under the circumstances.
Three members of the Board shall constitute a quorum to
transact business; and the affirmative vote of 3 members is
necessary to adopt any order. The Board shall keep a complete
and accurate record of all its meetings.
(b) The Board shall determine, define and implement the
environmental control standards applicable in the State of
Illinois and may adopt rules and regulations in accordance with
Title VII of this Act.
(c) The Board shall have authority to act for the State in
regard to the adoption of standards for submission to the
United States under any federal law respecting environmental

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protection. Such standards shall be adopted in accordance with
Title VII of the Act and upon adoption shall be forwarded to
the Environmental Protection Agency for submission to the
United States pursuant to subsections (l) and (m) of Section 4
of this Act. Nothing in this paragraph shall limit the
discretion of the Governor to delegate authority granted to the
Governor under any federal law.
(d) The Board shall have authority to conduct proceedings
upon complaints charging violations of this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order; upon administrative
citations; upon petitions for variances, adjusted standards,
or time-limited water quality standards; upon petitions for
review of the Agency's final determinations on permit
applications in accordance with Title X of this Act; upon
petitions to remove seals under Section 34 of this Act; and
upon other petitions for review of final determinations which
are made pursuant to this Act or Board rule and which involve a
subject which the Board is authorized to regulate. The Board
may also conduct other proceedings as may be provided by this
Act or any other statute or rule.
(e) In connection with any proceeding pursuant to
subsection (b) or (d) of this Section, the Board may subpoena
and compel the attendance of witnesses and the production of
evidence reasonably necessary to resolution of the matter under
consideration. The Board shall issue such subpoenas upon the

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request of any party to a proceeding under subsection (d) of
this Section or upon its own motion.
(f) The Board may prescribe reasonable fees for permits
required pursuant to this Act. Such fees in the aggregate may
not exceed the total cost to the Agency for its inspection and
permit systems. The Board may not prescribe any permit fees
which are different in amount from those established by this
Act.
(Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17;
100-863, eff. 8-14-18.)