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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2839 Introduced , by Rep. Emily McAsey SYNOPSIS AS INTRODUCED:
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| 415 ILCS 5/4 | from Ch. 111 1/2, par. 1004 |
| Amends the Environmental Protection Act. Makes a technical change in a Section concerning the duties of the Environmental Protection Agency.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Environmental Protection Act is amended by |
| 5 | | changing Section 4 as follows:
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| 6 | | (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
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| 7 | | Sec. 4. Environmental Protection Agency; establishment; |
| 8 | | duties.
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| 9 | | (a) There is established in the
the Executive Branch of the |
| 10 | | State Government an
agency to be known as the Environmental |
| 11 | | Protection Agency. This Agency shall
be under the supervision |
| 12 | | and direction of a Director who shall be appointed by
the |
| 13 | | Governor with the advice and consent of the Senate. The term of |
| 14 | | office
of the Director shall expire on the third Monday of |
| 15 | | January in odd numbered
years, provided that he or she shall |
| 16 | | hold office until a successor is appointed
and has qualified. |
| 17 | | The Director shall
receive an annual salary as set by
the |
| 18 | | Compensation Review Board. The Director, in accord with the |
| 19 | | Personnel Code, shall employ and
direct such personnel, and |
| 20 | | shall provide for such laboratory and other
facilities, as may |
| 21 | | be necessary to carry out the purposes of this Act. In
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| 22 | | addition, the Director may by agreement secure such services as |
| 23 | | he or she
may deem necessary from any other department, agency, |
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| 1 | | or unit of the State
Government, and may employ and compensate |
| 2 | | such consultants and technical
assistants as may be required. |
| 3 | | (b) The Agency shall have the duty to collect and |
| 4 | | disseminate such
information, acquire such technical data, and |
| 5 | | conduct such experiments
as may be required to carry out the |
| 6 | | purposes of this Act, including
ascertainment of the quantity |
| 7 | | and nature of discharges from any
contaminant source and data |
| 8 | | on those sources, and to operate and arrange
for the operation |
| 9 | | of devices for the monitoring of environmental quality.
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| 10 | | (c) The Agency shall have authority to conduct a program of
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| 11 | | continuing surveillance and of regular or periodic inspection |
| 12 | | of actual
or potential contaminant or noise sources, of public |
| 13 | | water supplies, and
of refuse disposal sites.
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| 14 | | (d) In accordance with constitutional limitations,
the |
| 15 | | Agency shall have authority to enter at all reasonable times
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| 16 | | upon any private or public property for the purpose of:
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| 17 | | (1) Inspecting and investigating to ascertain possible |
| 18 | | violations of
this Act, any rule or regulation adopted |
| 19 | | under this Act, any permit or
term or condition of a |
| 20 | | permit, or any Board order; or
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| 21 | | (2) In accordance with the provisions of this Act, |
| 22 | | taking whatever
preventive or corrective action, including |
| 23 | | but not limited to removal or
remedial action, that is |
| 24 | | necessary or appropriate whenever there is a
release or a |
| 25 | | substantial threat of a release of (A) a hazardous
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| 26 | | substance or pesticide or (B) petroleum from an underground |
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| 1 | | storage tank.
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| 2 | | (e) The Agency shall have the duty to investigate |
| 3 | | violations of this
Act, any rule or regulation adopted under |
| 4 | | this Act, any permit or
term or condition of a permit, or any |
| 5 | | Board order;
to issue administrative citations as provided in |
| 6 | | Section 31.1 of this
Act; and to take such summary enforcement |
| 7 | | action as is provided
for by Section 34 of this Act.
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| 8 | | (f) The Agency shall appear before the Board in any hearing |
| 9 | | upon a
petition for variance, the denial of a permit, or the |
| 10 | | validity or effect
of a rule or regulation of the Board, and |
| 11 | | shall have the authority to
appear before the Board in any |
| 12 | | hearing under the Act.
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| 13 | | (g) The Agency shall have the duty to administer, in accord |
| 14 | | with
Title X of this Act, such permit and certification systems |
| 15 | | as may be
established by this Act or by regulations adopted |
| 16 | | thereunder.
The Agency may enter into written delegation |
| 17 | | agreements with any department,
agency, or unit of State or |
| 18 | | local government under which all or portions
of this duty may |
| 19 | | be delegated for public water supply storage and transport
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| 20 | | systems, sewage collection and transport systems, air |
| 21 | | pollution control
sources with uncontrolled emissions of 100 |
| 22 | | tons per year or less and
application of algicides to waters of |
| 23 | | the State. Such delegation
agreements will require that the |
| 24 | | work to be performed thereunder will be
in accordance with |
| 25 | | Agency criteria, subject to Agency review, and shall
include |
| 26 | | such financial and program auditing by the Agency as may be |
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| 1 | | required.
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| 2 | | (h) The Agency shall have authority to require the |
| 3 | | submission of
complete plans and specifications from any |
| 4 | | applicant for a permit
required by this Act or by regulations |
| 5 | | thereunder, and to require the
submission of such reports |
| 6 | | regarding actual or potential violations of
this Act, any rule |
| 7 | | or regulation adopted under this Act, any permit or
term or |
| 8 | | condition of a permit, or any Board order, as may be necessary |
| 9 | | for the purposes of
this Act.
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| 10 | | (i) The Agency shall have authority to make recommendations |
| 11 | | to the
Board for the adoption of regulations under Title VII of |
| 12 | | the Act.
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| 13 | | (j) The Agency shall have the duty to represent the State |
| 14 | | of
Illinois in any and all matters pertaining to plans, |
| 15 | | procedures, or
negotiations for interstate compacts or other |
| 16 | | governmental arrangements
relating to environmental |
| 17 | | protection.
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| 18 | | (k) The Agency shall have the authority to accept, receive, |
| 19 | | and
administer on behalf of the State any grants, gifts, loans, |
| 20 | | indirect cost
reimbursements, or other funds made available to |
| 21 | | the State from any source
for purposes of this Act or for air |
| 22 | | or water pollution control, public water
supply, solid waste |
| 23 | | disposal, noise abatement, or other environmental
protection |
| 24 | | activities, surveys, or programs. Any federal funds received by |
| 25 | | the
Agency pursuant to this subsection shall be deposited in a |
| 26 | | trust fund with the
State Treasurer and held and disbursed by |
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| 1 | | him in accordance with Treasurer as
Custodian of Funds Act, |
| 2 | | provided that such monies shall be used only for the
purposes |
| 3 | | for which they are contributed and any balance remaining shall |
| 4 | | be
returned to the contributor.
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| 5 | | The Agency is authorized to promulgate such regulations and |
| 6 | | enter
into such contracts as it may deem necessary for carrying |
| 7 | | out the
provisions of this subsection.
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| 8 | | (l) The Agency is hereby designated as water pollution |
| 9 | | agency for
the state for all purposes of the Federal Water |
| 10 | | Pollution Control Act, as
amended; as implementing agency for |
| 11 | | the State for all purposes of the Safe
Drinking Water Act, |
| 12 | | Public Law 93-523, as now or hereafter amended, except
Section |
| 13 | | 1425 of that Act; as air pollution agency for the state for all
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| 14 | | purposes of the Clean Air Act of 1970, Public Law 91-604, |
| 15 | | approved December 31,
1970, as amended; and as solid waste |
| 16 | | agency for the state for all purposes of
the Solid Waste |
| 17 | | Disposal Act, Public Law 89-272, approved October 20, 1965,
and |
| 18 | | amended by the Resource Recovery Act of 1970, Public Law |
| 19 | | 91-512, approved
October 26, 1970, as amended, and amended by |
| 20 | | the Resource Conservation and
Recovery Act of 1976, (P.L. |
| 21 | | 94-580) approved October 21, 1976, as amended; as
noise control |
| 22 | | agency for the state for all purposes of the Noise Control Act |
| 23 | | of
1972, Public Law 92-574, approved October 27, 1972, as |
| 24 | | amended; and as
implementing agency for the State for all |
| 25 | | purposes of the Comprehensive
Environmental Response, |
| 26 | | Compensation, and Liability Act of 1980 (P.L. 96-510),
as |
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| 1 | | amended; and otherwise as pollution control agency for the |
| 2 | | State pursuant
to federal laws integrated with the foregoing |
| 3 | | laws, for financing purposes or
otherwise. The Agency is hereby |
| 4 | | authorized to take all action necessary or
appropriate to |
| 5 | | secure to the State the benefits of such federal Acts, provided
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| 6 | | that the Agency shall transmit to the United States without |
| 7 | | change any
standards adopted by the Pollution Control Board |
| 8 | | pursuant to Section 5(c) of
this Act. This subsection (l) of |
| 9 | | Section 4 shall not be construed to bar or
prohibit the |
| 10 | | Environmental Protection Trust Fund Commission from accepting,
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| 11 | | receiving, and administering on behalf of the State any grants, |
| 12 | | gifts,
loans or other funds for which the Commission is |
| 13 | | eligible pursuant to the
Environmental Protection Trust Fund |
| 14 | | Act. The Agency is hereby designated as
the State agency for |
| 15 | | all purposes of administering the requirements of Section
313 |
| 16 | | of the federal Emergency Planning and Community Right-to-Know |
| 17 | | Act of 1986.
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| 18 | | Any municipality, sanitary district, or other political |
| 19 | | subdivision,
or any Agency of the State or interstate Agency, |
| 20 | | which makes application
for loans or grants under such federal |
| 21 | | Acts shall notify the Agency of
such application; the Agency |
| 22 | | may participate in proceedings under such
federal Acts.
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| 23 | | (m) The Agency shall have authority, consistent with |
| 24 | | Section 5(c)
and other provisions of this Act, and for purposes |
| 25 | | of Section 303(e) of
the Federal Water Pollution Control Act, |
| 26 | | as now or hereafter amended,
to engage in planning processes |
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| 1 | | and activities and to develop
plans in cooperation with units |
| 2 | | of local government, state agencies and
officers, and other |
| 3 | | appropriate persons in connection with the
jurisdiction or |
| 4 | | duties of each such unit, agency, officer or person.
Public |
| 5 | | hearings shall be held on the planning process, at which any
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| 6 | | person shall be permitted to appear and be heard, pursuant to |
| 7 | | procedural
regulations promulgated by the Agency.
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| 8 | | (n) In accordance with the powers conferred upon the Agency |
| 9 | | by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the |
| 10 | | Agency shall
have authority to establish and enforce minimum |
| 11 | | standards for the
operation of laboratories relating to |
| 12 | | analyses and laboratory tests for
air pollution, water |
| 13 | | pollution, noise emissions, contaminant discharges
onto land |
| 14 | | and sanitary, chemical, and mineral quality of water
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| 15 | | distributed by a public water supply. The Agency may enter into |
| 16 | | formal
working agreements with other departments or agencies of |
| 17 | | state
government under which all or portions of this authority |
| 18 | | may be
delegated to the cooperating department or agency.
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| 19 | | (o) The Agency shall have the authority to issue |
| 20 | | certificates of
competency to persons and laboratories meeting |
| 21 | | the minimum standards
established by the Agency in accordance |
| 22 | | with Section 4(n) of this Act
and to promulgate and enforce |
| 23 | | regulations relevant to the issuance and
use of such |
| 24 | | certificates. The Agency may enter into formal working
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| 25 | | agreements with other departments or agencies of state |
| 26 | | government under
which all or portions of this authority may be |
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| 1 | | delegated to the
cooperating department or agency.
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| 2 | | (p) Except as provided in Section 17.7, the Agency shall |
| 3 | | have the
duty to analyze samples as required
from each public |
| 4 | | water supply to determine compliance with the
contaminant |
| 5 | | levels specified by the Pollution Control Board. The maximum
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| 6 | | number of samples which the Agency shall be required to analyze |
| 7 | | for
microbiological quality shall be 6 per month, but the |
| 8 | | Agency may, at its
option, analyze a larger number each month |
| 9 | | for any supply. Results of
sample analyses for additional |
| 10 | | required bacteriological testing,
turbidity, residual chlorine |
| 11 | | and radionuclides are to be provided to the
Agency in |
| 12 | | accordance with Section 19. Owners of water supplies may enter
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| 13 | | into agreements with the Agency to provide for reduced Agency
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| 14 | | participation in sample analyses.
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| 15 | | (q) The Agency shall have the authority to provide notice |
| 16 | | to any
person who may be liable pursuant to Section 22.2(f) of |
| 17 | | this Act for a
release or a substantial threat of a release of |
| 18 | | a hazardous substance or
pesticide. Such notice shall include |
| 19 | | the identified response action and an
opportunity for such |
| 20 | | person to perform the response action.
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| 21 | | (r) The Agency may enter into written delegation agreements |
| 22 | | with any
unit of local government under which it may delegate |
| 23 | | all or portions of its
inspecting, investigating and |
| 24 | | enforcement functions. Such delegation
agreements shall |
| 25 | | require that work performed thereunder be in accordance
with |
| 26 | | Agency criteria and subject to Agency review.
Notwithstanding |
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| 1 | | any other provision of law to the contrary, no unit of
local |
| 2 | | government shall be liable for any injury resulting from the |
| 3 | | exercise
of its authority pursuant to such a delegation |
| 4 | | agreement unless the injury
is proximately caused by the |
| 5 | | willful and wanton negligence of an agent or
employee of the |
| 6 | | unit of local government, and any policy of insurance
coverage |
| 7 | | issued to a unit of local government may provide for the denial |
| 8 | | of
liability and the nonpayment of claims based upon injuries |
| 9 | | for which the unit
of local government is not liable pursuant |
| 10 | | to this subsection (r).
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| 11 | | (s) The Agency shall have authority to take whatever |
| 12 | | preventive or
corrective action is necessary or appropriate, |
| 13 | | including but not limited to
expenditure of monies appropriated |
| 14 | | from the Build Illinois Bond Fund and
the Build Illinois |
| 15 | | Purposes Fund for removal or remedial action, whenever
any |
| 16 | | hazardous substance or pesticide is released or
there is a |
| 17 | | substantial threat of such a release into the environment. The
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| 18 | | State, the Director, and any State employee shall be |
| 19 | | indemnified for any
damages or injury arising out of or |
| 20 | | resulting from any action taken under
this subsection. The |
| 21 | | Director of the Agency is authorized to enter into
such |
| 22 | | contracts and agreements as are necessary
to carry out the |
| 23 | | Agency's duties under this subsection.
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| 24 | | (t) The Agency shall have authority to distribute grants, |
| 25 | | subject to
appropriation by the General Assembly, to units of |
| 26 | | local government for financing and construction of
wastewater |
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| 1 | | facilities in both incorporated and unincorporated areas. With |
| 2 | | respect to all monies appropriated
from the Build Illinois Bond |
| 3 | | Fund and the Build Illinois Purposes
Fund for wastewater |
| 4 | | facility grants, the Agency shall make
distributions in |
| 5 | | conformity with the rules and regulations established
pursuant |
| 6 | | to the Anti-Pollution Bond Act, as now or hereafter amended.
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| 7 | | (u) Pursuant to the Illinois Administrative Procedure Act, |
| 8 | | the
Agency shall have the authority to adopt such rules as are |
| 9 | | necessary or
appropriate for the Agency to implement Section |
| 10 | | 31.1 of this Act.
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| 11 | | (v) (Blank.)
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| 12 | | (w) Neither the State, nor the Director, nor the Board, nor |
| 13 | | any State
employee shall be liable for any damages or injury |
| 14 | | arising out of or
resulting from any action taken under |
| 15 | | subsection (s).
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| 16 | | (x)(1) The Agency shall have authority to distribute |
| 17 | | grants, subject to
appropriation by the General Assembly, |
| 18 | | to units of local government for
financing and construction |
| 19 | | of public water supply facilities. With respect
to all |
| 20 | | monies appropriated from the Build Illinois Bond Fund or |
| 21 | | the Build
Illinois Purposes Fund for public water supply |
| 22 | | grants, such grants shall be
made in accordance with rules |
| 23 | | promulgated by the Agency.
Such rules shall include a |
| 24 | | requirement for a local match of 30% of the
total project |
| 25 | | cost for projects funded through such grants.
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| 26 | | (2) The Agency shall not terminate a grant to a unit of |
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| 1 | | local government
for the financing and construction of |
| 2 | | public water supply facilities unless
and until the Agency |
| 3 | | adopts rules that set forth precise and complete
standards, |
| 4 | | pursuant to Section 5-20 of the Illinois Administrative
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| 5 | | Procedure Act, for the termination of such grants. The |
| 6 | | Agency shall not
make determinations on whether specific |
| 7 | | grant conditions are necessary to
ensure the integrity of a |
| 8 | | project or on whether subagreements shall be
awarded, with |
| 9 | | respect to grants for the financing and construction of
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| 10 | | public water supply facilities, unless and until the Agency |
| 11 | | adopts rules
that set forth precise and complete standards, |
| 12 | | pursuant to Section 5-20
of the Illinois Administrative |
| 13 | | Procedure Act, for making such
determinations. The Agency |
| 14 | | shall not issue a stop-work order in relation to
such |
| 15 | | grants unless and until the Agency adopts precise and |
| 16 | | complete standards,
pursuant to Section 5-20 of the |
| 17 | | Illinois Administrative Procedure Act, for
determining |
| 18 | | whether to issue a stop-work order.
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| 19 | | (y) The Agency shall have authority to release any person |
| 20 | | from further
responsibility for preventive or corrective |
| 21 | | action under this Act following
successful completion of |
| 22 | | preventive or corrective action undertaken by such
person upon |
| 23 | | written request by the person.
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| 24 | | (z) To the extent permitted by any applicable federal law |
| 25 | | or regulation, for all work performed for State construction |
| 26 | | projects which are funded in whole or in part by a capital |
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| 1 | | infrastructure bill enacted by the 96th General Assembly by |
| 2 | | sums appropriated to the Environmental Protection Agency, at |
| 3 | | least 50% of the total labor hours must be performed by actual |
| 4 | | residents of the State of Illinois. For purposes of this |
| 5 | | subsection, "actual residents of the State of Illinois" means |
| 6 | | persons domiciled in the State of Illinois. The Department of |
| 7 | | Labor shall promulgate rules providing for the enforcement of |
| 8 | | this subsection. |
| 9 | | (aa) The Agency may adopt rules requiring the electronic |
| 10 | | submission of any information required to be submitted to the |
| 11 | | Agency pursuant to any State or federal law or regulation or |
| 12 | | any court or Board order. Any rules adopted under this |
| 13 | | subsection (aa) must include, but are not limited to, |
| 14 | | identification of the information to be submitted |
| 15 | | electronically. |
| 16 | | (Source: P.A. 98-72, eff. 7-15-13.)
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