(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
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 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 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 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 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.)
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