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