97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3242

 

Introduced 2/24/2011, by Rep. Richard Morthland

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/4  from Ch. 111 1/2, par. 1004
415 ILCS 5/7  from Ch. 111 1/2, par. 1007

    Amends the Environmental Protection Act. Authorizes the Agency to collect and solicit citizen complaints alleging a violation of the Act, any rule adopted under the Act, a permit granted by the Agency, or a condition of a permit via telephone, website, fax, mail, e-mail, or any other reasonable means. Provides that the Agency may accept citizen complaints that are anonymous and unaccompanied by the name and mailing address of the complainant, except that, for complaints alleging a violation arising out of agricultural production, the complainant must provide his or her name and mailing address. Sets forth that the Agency must keep the name and address of the complainant confidential, subject to certain penalties. Exempts the name and address of these complainants from public disclosure under provisions of the Act authorizing reasonable public inspection. Defines "agricultural production". Effective immediately.


LRB097 06701 JDS 46788 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3242LRB097 06701 JDS 46788 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 Sections 4 and 7 as follows:
 
6    (415 ILCS 5/4)  (from Ch. 111 1/2, par. 1004)
7    Sec. 4. Environmental Protection Agency; establishment;
8duties.
9    (a) There is established in the Executive Branch of the
10State Government an agency to be known as the Environmental
11Protection Agency. This Agency shall be under the supervision
12and direction of a Director who shall be appointed by the
13Governor with the advice and consent of the Senate. The term of
14office of the Director shall expire on the third Monday of
15January in odd numbered years, provided that he or she shall
16hold office until a successor is appointed and has qualified.
17The Director shall receive an annual salary as set by the
18Compensation Review Board. The Director, in accord with the
19Personnel Code, shall employ and direct such personnel, and
20shall provide for such laboratory and other facilities, as may
21be necessary to carry out the purposes of this Act. In
22addition, the Director may by agreement secure such services as
23he or she may deem necessary from any other department, agency,

 

 

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1or unit of the State Government, and may employ and compensate
2such consultants and technical assistants as may be required.
3    (b) The Agency shall have the duty to collect and
4disseminate such information, acquire such technical data, and
5conduct such experiments as may be required to carry out the
6purposes of this Act, including ascertainment of the quantity
7and nature of discharges from any contaminant source and data
8on those sources, and to operate and arrange for the operation
9of devices for the monitoring of environmental quality.
10    (c) The Agency shall have authority to conduct a program of
11continuing surveillance and of regular or periodic inspection
12of actual or potential contaminant or noise sources, of public
13water supplies, and of refuse disposal sites.
14    (d) In accordance with constitutional limitations, the
15Agency shall have authority to enter at all reasonable times
16upon any private or public property for the purpose of:
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
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
26    substance or pesticide or (B) petroleum from an underground

 

 

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1    storage tank.
2    (e) The Agency shall have the duty to investigate
3violations of this Act, any rule or regulation adopted under
4this Act, any permit or term or condition of a permit, or any
5Board order; to issue administrative citations as provided in
6Section 31.1 of this Act; and to take such summary enforcement
7action as is provided for by Section 34 of this Act.
8    The Agency's duty to investigate under this Act may include
9the authority to collect and solicit citizen complaints
10alleging a violation of the Act, any rule adopted under the
11Act, a permit granted by the Agency, or a condition of the
12permit. The Agency may collect and solicit complaints via
13telephone, website, fax, mail, e-mail, or any other reasonable
14means. The Agency may accept citizen complaints that are
15anonymous and unaccompanied by the name and mailing address of
16the complainant, except that, for complaints alleging a
17violation arising out of agricultural production, the
18complainant must provide his or her name and mailing address.
19The Agency shall keep the name and address of complainants
20confidential as provided in Section 7 of this Act and subject
21to the penalty provisions of Section 44 of this Act. As used in
22this paragraph, "agricultural production" means the production
23for commercial purposes of crops, livestock, and livestock and
24aquatic products, but not the processing of such crops,
25livestock, or livestock or aquatic products by persons who are
26not producing them.

 

 

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1    (f) The Agency shall appear before the Board in any hearing
2upon a petition for variance, the denial of a permit, or the
3validity or effect of a rule or regulation of the Board, and
4shall have the authority to appear before the Board in any
5hearing under the Act.
6    (g) The Agency shall have the duty to administer, in accord
7with Title X of this Act, such permit and certification systems
8as may be established by this Act or by regulations adopted
9thereunder. The Agency may enter into written delegation
10agreements with any department, agency, or unit of State or
11local government under which all or portions of this duty may
12be delegated for public water supply storage and transport
13systems, sewage collection and transport systems, air
14pollution control sources with uncontrolled emissions of 100
15tons per year or less and application of algicides to waters of
16the State. Such delegation agreements will require that the
17work to be performed thereunder will be in accordance with
18Agency criteria, subject to Agency review, and shall include
19such financial and program auditing by the Agency as may be
20required.
21    (h) The Agency shall have authority to require the
22submission of complete plans and specifications from any
23applicant for a permit required by this Act or by regulations
24thereunder, and to require the submission of such reports
25regarding actual or potential violations of this Act, any rule
26or regulation adopted under this Act, any permit or term or

 

 

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1condition of a permit, or any Board order, as may be necessary
2for the purposes of this Act.
3    (i) The Agency shall have authority to make recommendations
4to the Board for the adoption of regulations under Title VII of
5the Act.
6    (j) The Agency shall have the duty to represent the State
7of Illinois in any and all matters pertaining to plans,
8procedures, or negotiations for interstate compacts or other
9governmental arrangements relating to environmental
10protection.
11    (k) The Agency shall have the authority to accept, receive,
12and administer on behalf of the State any grants, gifts, loans,
13indirect cost reimbursements, or other funds made available to
14the State from any source for purposes of this Act or for air
15or water pollution control, public water supply, solid waste
16disposal, noise abatement, or other environmental protection
17activities, surveys, or programs. Any federal funds received by
18the Agency pursuant to this subsection shall be deposited in a
19trust fund with the State Treasurer and held and disbursed by
20him in accordance with Treasurer as Custodian of Funds Act,
21provided that such monies shall be used only for the purposes
22for which they are contributed and any balance remaining shall
23be returned to the contributor.
24    The Agency is authorized to promulgate such regulations and
25enter into such contracts as it may deem necessary for carrying
26out the provisions of this subsection.

 

 

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1    (l) The Agency is hereby designated as water pollution
2agency for the state for all purposes of the Federal Water
3Pollution Control Act, as amended; as implementing agency for
4the State for all purposes of the Safe Drinking Water Act,
5Public Law 93-523, as now or hereafter amended, except Section
61425 of that Act; as air pollution agency for the state for all
7purposes of the Clean Air Act of 1970, Public Law 91-604,
8approved December 31, 1970, as amended; and as solid waste
9agency for the state for all purposes of the Solid Waste
10Disposal Act, Public Law 89-272, approved October 20, 1965, and
11amended by the Resource Recovery Act of 1970, Public Law
1291-512, approved October 26, 1970, as amended, and amended by
13the Resource Conservation and Recovery Act of 1976, (P.L.
1494-580) approved October 21, 1976, as amended; as noise control
15agency for the state for all purposes of the Noise Control Act
16of 1972, Public Law 92-574, approved October 27, 1972, as
17amended; and as implementing agency for the State for all
18purposes of the Comprehensive Environmental Response,
19Compensation, and Liability Act of 1980 (P.L. 96-510), as
20amended; and otherwise as pollution control agency for the
21State pursuant to federal laws integrated with the foregoing
22laws, for financing purposes or otherwise. The Agency is hereby
23authorized to take all action necessary or appropriate to
24secure to the State the benefits of such federal Acts, provided
25that the Agency shall transmit to the United States without
26change any standards adopted by the Pollution Control Board

 

 

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1pursuant to Section 5(c) of this Act. This subsection (l) of
2Section 4 shall not be construed to bar or prohibit the
3Environmental Protection Trust Fund Commission from accepting,
4receiving, and administering on behalf of the State any grants,
5gifts, loans or other funds for which the Commission is
6eligible pursuant to the Environmental Protection Trust Fund
7Act. The Agency is hereby designated as the State agency for
8all purposes of administering the requirements of Section 313
9of the federal Emergency Planning and Community Right-to-Know
10Act of 1986.
11    Any municipality, sanitary district, or other political
12subdivision, or any Agency of the State or interstate Agency,
13which makes application for loans or grants under such federal
14Acts shall notify the Agency of such application; the Agency
15may participate in proceedings under such federal Acts.
16    (m) The Agency shall have authority, consistent with
17Section 5(c) and other provisions of this Act, and for purposes
18of Section 303(e) of the Federal Water Pollution Control Act,
19as now or hereafter amended, to engage in planning processes
20and activities and to develop plans in cooperation with units
21of local government, state agencies and officers, and other
22appropriate persons in connection with the jurisdiction or
23duties of each such unit, agency, officer or person. Public
24hearings shall be held on the planning process, at which any
25person shall be permitted to appear and be heard, pursuant to
26procedural regulations promulgated by the Agency.

 

 

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1    (n) In accordance with the powers conferred upon the Agency
2by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the
3Agency shall have authority to establish and enforce minimum
4standards for the operation of laboratories relating to
5analyses and laboratory tests for air pollution, water
6pollution, noise emissions, contaminant discharges onto land
7and sanitary, chemical, and mineral quality of water
8distributed by a public water supply. The Agency may enter into
9formal working agreements with other departments or agencies of
10state government under which all or portions of this authority
11may be delegated to the cooperating department or agency.
12    (o) The Agency shall have the authority to issue
13certificates of competency to persons and laboratories meeting
14the minimum standards established by the Agency in accordance
15with Section 4(n) of this Act and to promulgate and enforce
16regulations relevant to the issuance and use of such
17certificates. The Agency may enter into formal working
18agreements with other departments or agencies of state
19government under which all or portions of this authority may be
20delegated to the cooperating department or agency.
21    (p) Except as provided in Section 17.7, the Agency shall
22have the duty to analyze samples as required from each public
23water supply to determine compliance with the contaminant
24levels specified by the Pollution Control Board. The maximum
25number of samples which the Agency shall be required to analyze
26for microbiological quality shall be 6 per month, but the

 

 

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1Agency may, at its option, analyze a larger number each month
2for any supply. Results of sample analyses for additional
3required bacteriological testing, turbidity, residual chlorine
4and radionuclides are to be provided to the Agency in
5accordance with Section 19. Owners of water supplies may enter
6into agreements with the Agency to provide for reduced Agency
7participation in sample analyses.
8    (q) The Agency shall have the authority to provide notice
9to any person who may be liable pursuant to Section 22.2(f) of
10this Act for a release or a substantial threat of a release of
11a hazardous substance or pesticide. Such notice shall include
12the identified response action and an opportunity for such
13person to perform the response action.
14    (r) The Agency may enter into written delegation agreements
15with any unit of local government under which it may delegate
16all or portions of its inspecting, investigating and
17enforcement functions. Such delegation agreements shall
18require that work performed thereunder be in accordance with
19Agency criteria and subject to Agency review. Notwithstanding
20any other provision of law to the contrary, no unit of local
21government shall be liable for any injury resulting from the
22exercise of its authority pursuant to such a delegation
23agreement unless the injury is proximately caused by the
24willful and wanton negligence of an agent or employee of the
25unit of local government, and any policy of insurance coverage
26issued to a unit of local government may provide for the denial

 

 

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1of liability and the nonpayment of claims based upon injuries
2for which the unit of local government is not liable pursuant
3to this subsection (r).
4    (s) The Agency shall have authority to take whatever
5preventive or corrective action is necessary or appropriate,
6including but not limited to expenditure of monies appropriated
7from the Build Illinois Bond Fund and the Build Illinois
8Purposes Fund for removal or remedial action, whenever any
9hazardous substance or pesticide is released or there is a
10substantial threat of such a release into the environment. The
11State, the Director, and any State employee shall be
12indemnified for any damages or injury arising out of or
13resulting from any action taken under this subsection. The
14Director of the Agency is authorized to enter into such
15contracts and agreements as are necessary to carry out the
16Agency's duties under this subsection.
17    (t) The Agency shall have authority to distribute grants,
18subject to appropriation by the General Assembly, to units of
19local government for financing and construction of wastewater
20facilities in both incorporated and unincorporated areas. With
21respect to all monies appropriated from the Build Illinois Bond
22Fund and the Build Illinois Purposes Fund for wastewater
23facility grants, the Agency shall make distributions in
24conformity with the rules and regulations established pursuant
25to the Anti-Pollution Bond Act, as now or hereafter amended.
26    (u) Pursuant to the Illinois Administrative Procedure Act,

 

 

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1the Agency shall have the authority to adopt such rules as are
2necessary or appropriate for the Agency to implement Section
331.1 of this Act.
4    (v) (Blank.)
5    (w) Neither the State, nor the Director, nor the Board, nor
6any State employee shall be liable for any damages or injury
7arising out of or resulting from any action taken under
8subsection (s).
9    (x)(1) The Agency shall have authority to distribute
10    grants, subject to appropriation by the General Assembly,
11    to units of local government for financing and construction
12    of public water supply facilities. With respect to all
13    monies appropriated from the Build Illinois Bond Fund or
14    the Build Illinois Purposes Fund for public water supply
15    grants, such grants shall be made in accordance with rules
16    promulgated by the Agency. Such rules shall include a
17    requirement for a local match of 30% of the total project
18    cost for projects funded through such grants.
19        (2) The Agency shall not terminate a grant to a unit of
20    local government for the financing and construction of
21    public water supply facilities unless and until the Agency
22    adopts rules that set forth precise and complete standards,
23    pursuant to Section 5-20 of the Illinois Administrative
24    Procedure Act, for the termination of such grants. The
25    Agency shall not make determinations on whether specific
26    grant conditions are necessary to ensure the integrity of a

 

 

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1    project or on whether subagreements shall be awarded, with
2    respect to grants for the financing and construction of
3    public water supply facilities, unless and until the Agency
4    adopts rules that set forth precise and complete standards,
5    pursuant to Section 5-20 of the Illinois Administrative
6    Procedure Act, for making such determinations. The Agency
7    shall not issue a stop-work order in relation to such
8    grants unless and until the Agency adopts precise and
9    complete standards, pursuant to Section 5-20 of the
10    Illinois Administrative Procedure Act, for determining
11    whether to issue a stop-work order.
12    (y) The Agency shall have authority to release any person
13from further responsibility for preventive or corrective
14action under this Act following successful completion of
15preventive or corrective action undertaken by such person upon
16written request by the person.
17    (z) To the extent permitted by any applicable federal law
18or regulation, for all work performed for State construction
19projects which are funded in whole or in part by a capital
20infrastructure bill enacted by the 96th General Assembly by
21sums appropriated to the Environmental Protection Agency, at
22least 50% of the total labor hours must be performed by actual
23residents of the State of Illinois. For purposes of this
24subsection, "actual residents of the State of Illinois" means
25persons domiciled in the State of Illinois. The Department of
26Labor shall promulgate rules providing for the enforcement of

 

 

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1this subsection.
2(Source: P.A. 96-37, eff. 7-13-09; 96-503, eff. 8-14-09;
396-800, eff. 10-30-09; 96-1000, eff. 7-2-10.)
 
4    (415 ILCS 5/7)  (from Ch. 111 1/2, par. 1007)
5    Sec. 7. Public inspection; fees.
6    (a) All files, records, and data of the Agency, the Board,
7and the Department shall be open to reasonable public
8inspection and may be copied upon payment of reasonable fees to
9be established where appropriate by the Agency, the Board, or
10the Department, except for the following:
11        (i) information which constitutes a trade secret;
12        (ii) information privileged against introduction in
13    judicial proceedings;
14        (iii) internal communications of the several agencies;
15        (iv) information concerning secret manufacturing
16    processes or confidential data submitted by any person
17    under this Act; and .
18        (v) information concerning the name or address of a
19    citizen complainant who has submitted a complaint to the
20    Agency alleging a violation of the Act, any rule adopted
21    under the Act, a permit granted by the Agency, or a
22    condition of the permit.
23    (b) Notwithstanding subsection (a) above, as to
24information from or concerning persons subject to NPDES permit
25requirements:

 

 

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1        (i) effluent data may under no circumstances be kept
2    confidential; and
3        (ii) the Agency, the Board, and the Department may make
4    available to the public for inspection and copying any
5    required records, reports, information, permits, and
6    permit applications obtained from contaminant sources
7    subject to the provisions of Section 12 (f) of this Act;
8    provided that upon a showing satisfactory to the Agency,
9    the Board or the Department, as the case may be, by any
10    person that such information, or any part thereof (other
11    than effluent data) would, if made public, divulge methods
12    or processes entitled to protection as trade secrets of
13    such person, the Agency, the Board, or the Department, as
14    the case may be, shall treat such information as
15    confidential.
16    (c) Notwithstanding any other provision of this Title or
17any other law to the contrary, all emission data reported to or
18otherwise obtained by the Agency, the Board or the Department
19in connection with any examination, inspection or proceeding
20under this Act shall be available to the public to the extent
21required by the federal Clean Air Act, as amended.
22    (d) Notwithstanding subsection (a) above, the quantity and
23identity of substances being placed or to be placed in
24landfills or hazardous waste treatment, storage or disposal
25facilities, and the name of the generator of such substances
26may under no circumstances be kept confidential.

 

 

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1    (e) Notwithstanding any other provisions of this Title, or
2any other law to the contrary, any information accorded
3confidential treatment may be disclosed or transmitted to other
4officers, employees or authorized representatives of this
5State or of the United States concerned with or for the
6purposes of carrying out this Act or federal environmental
7statutes and regulations; provided, however, that such
8information shall be identified as confidential by the Agency,
9the Board, or the Department, as the case may be. Any
10confidential information disclosed or transmitted under this
11provision shall be used for the purposes stated herein.
12    (f) Except as provided in this Act neither the Agency, the
13Board, nor the Department shall charge any fee for the
14performance of its respective duties under this Act.
15    (g) All files, records and data of the Agency, the Board
16and the Department shall be made available to the Department of
17Public Health pursuant to the Illinois Health and Hazardous
18Substances Registry Act. Expenses incurred in the copying and
19transmittal of files, records and data requested pursuant to
20this subsection (g) shall be the responsibility of the
21Department of Public Health.
22(Source: P.A. 92-574, eff. 6-26-02.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.