101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1155

 

Introduced 2/5/2019, by Sen. Laura Ellman

 

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

 

SB1155LRB101 09391 CPF 54489 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 5 as follows:
 
6    (415 ILCS 5/5)  (from Ch. 111 1/2, par. 1005)
7    Sec. 5. Pollution Control Board.
8    (a) There is hereby created an independent board to be
9known as the the Pollution Control Board.
10    On and after August 11, 2003 (the effective date of Public
11Act 93-509), the Board shall consist of 5 technically qualified
12members, no more than 3 of whom may be of the same political
13party, to be appointed by the Governor with the advice and
14consent of the Senate. Members shall have verifiable technical,
15academic, or actual experience in the field of pollution
16control or environmental law and regulation.
17    One member shall be appointed for a term ending July 1,
182004, 2 shall be appointed for terms ending July 1, 2005, and 2
19shall be appointed for terms ending July 1, 2006. Thereafter,
20all members shall hold office for 3 years from the first day of
21July in the year in which they were appointed, except in case
22of an appointment to fill a vacancy. In case of a vacancy in
23the office when the Senate is not in session, the Governor may

 

 

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1make a temporary appointment until the next meeting of the
2Senate, when he or she shall nominate some person to fill such
3office; and any person so nominated, who is confirmed by the
4Senate, shall hold the office during the remainder of the term.
5    Members of the Board shall hold office until their
6respective successors have been appointed and qualified. Any
7member may resign from office, such resignation to take effect
8when a successor has been appointed and has qualified.
9    Board members shall be paid $37,000 per year or an amount
10set by the Compensation Review Board, whichever is greater, and
11the Chairman shall be paid $43,000 per year or an amount set by
12the Compensation Review Board, whichever is greater. Each
13member shall devote his or her entire time to the duties of the
14office, and shall hold no other office or position of profit,
15nor engage in any other business, employment, or vocation. Each
16member shall be reimbursed for expenses necessarily incurred
17and shall make a financial disclosure upon appointment.
18    The Board may employ one assistant for each member and 2
19assistants for the Chairman. The Board also may employ and
20compensate hearing officers to preside at hearings under this
21Act, and such other personnel as may be necessary. Hearing
22officers shall be attorneys licensed to practice law in
23Illinois.
24    The Board may have an Executive Director; if so, the
25Executive Director shall be appointed by the Governor with the
26advice and consent of the Senate. The salary and duties of the

 

 

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1Executive Director shall be fixed by the Board.
2    The Governor shall designate one Board member to be
3Chairman, who shall serve at the pleasure of the Governor.
4    The Board shall hold at least one meeting each month and
5such additional meetings as may be prescribed by Board rules.
6In addition, special meetings may be called by the Chairman or
7by any 2 Board members, upon delivery of 48 hours written
8notice to the office of each member. All Board meetings shall
9be open to the public, and public notice of all meetings shall
10be given at least 48 hours in advance of each meeting. In
11emergency situations in which a majority of the Board certifies
12that exigencies of time require the requirements of public
13notice and of 24 hour written notice to members may be
14dispensed with, and Board members shall receive such notice as
15is reasonable under the circumstances.
16    Three members of the Board shall constitute a quorum to
17transact business; and the affirmative vote of 3 members is
18necessary to adopt any order. The Board shall keep a complete
19and accurate record of all its meetings.
20    (b) The Board shall determine, define and implement the
21environmental control standards applicable in the State of
22Illinois and may adopt rules and regulations in accordance with
23Title VII of this Act.
24    (c) The Board shall have authority to act for the State in
25regard to the adoption of standards for submission to the
26United States under any federal law respecting environmental

 

 

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1protection. Such standards shall be adopted in accordance with
2Title VII of the Act and upon adoption shall be forwarded to
3the Environmental Protection Agency for submission to the
4United States pursuant to subsections (l) and (m) of Section 4
5of this Act. Nothing in this paragraph shall limit the
6discretion of the Governor to delegate authority granted to the
7Governor under any federal law.
8    (d) The Board shall have authority to conduct proceedings
9upon complaints charging violations of this Act, any rule or
10regulation adopted under this Act, any permit or term or
11condition of a permit, or any Board order; upon administrative
12citations; upon petitions for variances, adjusted standards,
13or time-limited water quality standards; upon petitions for
14review of the Agency's final determinations on permit
15applications in accordance with Title X of this Act; upon
16petitions to remove seals under Section 34 of this Act; and
17upon other petitions for review of final determinations which
18are made pursuant to this Act or Board rule and which involve a
19subject which the Board is authorized to regulate. The Board
20may also conduct other proceedings as may be provided by this
21Act or any other statute or rule.
22    (e) In connection with any proceeding pursuant to
23subsection (b) or (d) of this Section, the Board may subpoena
24and compel the attendance of witnesses and the production of
25evidence reasonably necessary to resolution of the matter under
26consideration. The Board shall issue such subpoenas upon the

 

 

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1request of any party to a proceeding under subsection (d) of
2this Section or upon its own motion.
3    (f) The Board may prescribe reasonable fees for permits
4required pursuant to this Act. Such fees in the aggregate may
5not exceed the total cost to the Agency for its inspection and
6permit systems. The Board may not prescribe any permit fees
7which are different in amount from those established by this
8Act.
9(Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17;
10100-863, eff. 8-14-18.)