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90_SB0653
415 ILCS 5/4 from Ch. 111 1/2, par. 1004
Amends the Environmental Protection Act to make a
technical change.
LRB9003128DPcc
LRB9003128DPcc
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended by
6 changing Section 4 as follows:
7 (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
8 Sec. 4. Environmental Protection Agency; establishment;
9 duties.
10 (a) There is established in the Executive Branch of the
11 State Government an agency to be known as the
12 Environmental Protection Agency. This Agency shall be
13 under the supervision and direction of a Director who
14 shall be appointed by the Governor with the advice and
15 consent of the Senate. The term of office of the Director
16 shall expire on the third Monday of January in odd
17 numbered years provided that he shall hold his office
18 until his successor is appointed and qualified. The
19 Director shall receive an annual salary of $38,500 from
20 the third Monday in January, 1979 to the third Monday in
21 January, 1980; $40,800 from the third Monday in January,
22 1980 to the third Monday in January, 1981, and $43,000
23 thereafter, or as set by the Compensation Review Board,
24 whichever is greater. The Director, in accord with the
25 Personnel Code, shall employ and direct such personnel,
26 and shall provide for such laboratory and other
27 facilities, as may be necessary to carry out the purposes
28 of this Act. In addition, the Director may by agreement
29 secure such services as he may deem necessary from any
30 other department, agency, or unit of the State
31 government, and may employ and compensate such
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1 consultants and technical assistants as may be required.
2 (b) The Agency shall have the duty to collect and
3 disseminate such information, acquire such technical data,
4 and conduct such experiments as may be required to carry out
5 the purposes of this Act, including ascertainment of the
6 quantity and nature of discharges from any contaminant source
7 and data on those sources, and to operate and arrange for the
8 operation of devices for the monitoring of environmental
9 quality.
10 (c) The Agency shall have authority to conduct a program
11 of continuing surveillance and of regular or periodic
12 inspection of actual or potential contaminant or noise
13 sources, of public water supplies, and of refuse disposal
14 sites.
15 (d) In accordance with constitutional limitations, the
16 Agency shall have authority to enter at all reasonable times
17 upon any private or public property for the purpose of:
18 (1) Inspecting and investigating to ascertain possible
19 violations of the Act or of regulations thereunder, or of
20 permits or terms or conditions thereof; 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 substance
26 or pesticide or (B) petroleum from an underground storage
27 tank.
28 (e) The Agency shall have the duty to investigate
29 violations of this Act or of rules regulations adopted
30 thereunder, or of permits or terms or conditions thereof, to
31 issue administrative citations as provided in Section 31.1 of
32 this Act, and to take such summary enforcement action as is
33 provided for by Section 34 of this Act.
34 (f) The Agency shall appear before the Board in any
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1 hearing upon a petition for variance, the denial of a permit,
2 or the validity or effect of a rule or regulation of the
3 Board, and shall have the authority to appear before the
4 Board in any hearing under the Act.
5 (g) The Agency shall have the duty to administer, in
6 accord with Title X of this Act, such permit and
7 certification systems as may be established by this Act or by
8 regulations adopted thereunder. The Agency may enter into
9 written delegation agreements with any department, agency, or
10 unit of State or local government under which all or portions
11 of this duty may be delegated for public water supply storage
12 and transport systems, sewage collection and transport
13 systems, air pollution control sources with uncontrolled
14 emissions of 100 tons per year or less and application of
15 algicides to waters of the State. Such delegation agreements
16 will require that the work to be performed thereunder will be
17 in accordance with Agency criteria, subject to Agency review,
18 and shall include such financial and program auditing by the
19 Agency as may be required.
20 (h) The Agency shall have authority to require the
21 submission of complete plans and specifications from any
22 applicant for a permit required by this Act or by regulations
23 thereunder, and to require the submission of such reports
24 regarding actual or potential violations of the Act or of
25 regulations thereunder, or of permits or terms or conditions
26 thereof, as may be necessary for purposes of this Act.
27 (i) The Agency shall have authority to make
28 recommendations to the Board for the adoption of regulations
29 under Title VII of the Act.
30 (j) The Agency shall have the duty to represent the
31 State of Illinois in any and all matters pertaining to plans,
32 procedures, or negotiations for interstate compacts or other
33 governmental arrangements relating to environmental
34 protection.
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1 (k) The Agency shall have the authority to accept,
2 receive, and administer on behalf of the State any grants,
3 gifts, loans, indirect cost reimbursements, or other funds
4 made available to the State from any source for purposes of
5 this Act or for air or water pollution control, public water
6 supply, solid waste disposal, noise abatement, or other
7 environmental protection activities, surveys, or programs.
8 Any federal funds received by the Agency pursuant to this
9 subsection shall be deposited in a trust fund with the State
10 Treasurer and held and disbursed by him in accordance with
11 Treasurer as Custodian of Funds Act, provided that such
12 monies shall be used only for the purposes for which they are
13 contributed and any balance remaining shall be returned to
14 the contributor.
15 The Agency is authorized to promulgate such regulations
16 and enter into such contracts as it may deem necessary for
17 carrying out the provisions of this subsection.
18 (l) The Agency is hereby designated as water pollution
19 agency for the state for all purposes of the Federal Water
20 Pollution Control Act, as amended; as implementing agency for
21 the State for all purposes of the Safe Drinking Water Act,
22 Public Law 93-523, as now or hereafter amended, except
23 Section 1425 of that Act; as air pollution agency for the
24 state for all purposes of the Clean Air Act of 1970, Public
25 Law 91-604, approved December 31, 1970, as amended; and as
26 solid waste agency for the state for all purposes of the
27 Solid Waste Disposal Act, Public Law 89-272, approved October
28 20, 1965, and amended by the Resource Recovery Act of 1970,
29 Public Law 91-512, approved October 26, 1970, as amended, and
30 amended by the Resource Conservation and Recovery Act of
31 1976, (P.L. 94-580) approved October 21, 1976, as amended; as
32 noise control agency for the state for all purposes of the
33 Noise Control Act of 1972, Public Law 92-574, approved
34 October 27, 1972, as amended; and as implementing agency for
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1 the State for all purposes of the Comprehensive Environmental
2 Response, Compensation, and Liability Act of 1980 (P.L.
3 96-510), as amended; and otherwise as pollution control
4 agency for the State pursuant to federal laws integrated with
5 the foregoing laws, for financing purposes or otherwise. The
6 Agency is hereby authorized to take all action necessary or
7 appropriate to secure to the State the benefits of such
8 federal Acts, provided that the Agency shall transmit to the
9 United States without change any standards adopted by the
10 Pollution Control Board pursuant to Section 5(c) of this Act.
11 This subsection (l) of Section 4 shall not be construed to
12 bar or prohibit the Environmental Protection Trust Fund
13 Commission from accepting, receiving, and administering on
14 behalf of the State any grants, gifts, loans or other funds
15 for which the Commission is eligible pursuant to the
16 Environmental Protection Trust Fund Act. The Agency is hereby
17 designated as the State agency for all purposes of
18 administering the requirements of Section 313 of the federal
19 Emergency Planning and Community Right-to-Know Act of 1986.
20 Any municipality, sanitary district, or other political
21 subdivision, or any Agency of the State or interstate Agency,
22 which makes application for loans or grants under such
23 federal Acts shall notify the Agency of such application; the
24 Agency may participate in proceedings under such federal
25 Acts.
26 (m) The Agency shall have authority, consistent with
27 Section 5(c) and other provisions of this Act, and for
28 purposes of Section 303(e) of the Federal Water Pollution
29 Control Act, as now or hereafter amended, to engage in
30 planning processes and activities and to develop plans in
31 cooperation with units of local government, state agencies
32 and officers, and other appropriate persons in connection
33 with the jurisdiction or duties of each such unit, agency,
34 officer or person. Public hearings shall be held on the
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1 planning process, at which any person shall be permitted to
2 appear and be heard, pursuant to procedural regulations
3 promulgated by the Agency.
4 (n) In accordance with the powers conferred upon the
5 Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this
6 Act, the Agency shall have authority to establish and enforce
7 minimum standards for the operation of laboratories relating
8 to analyses and laboratory tests for air pollution, water
9 pollution, noise emissions, contaminant discharges onto land
10 and sanitary, chemical, and mineral quality of water
11 distributed by a public water supply. The Agency may enter
12 into formal working agreements with other departments or
13 agencies of state government under which all or portions of
14 this authority may be delegated to the cooperating department
15 or agency.
16 (o) The Agency shall have the authority to issue
17 certificates of competency to persons and laboratories
18 meeting the minimum standards established by the Agency in
19 accordance with Section 4(n) of this Act and to promulgate
20 and enforce regulations relevant to the issuance and use of
21 such certificates. The Agency may enter into formal working
22 agreements with other departments or agencies of state
23 government under which all or portions of this authority may
24 be delegated to the cooperating department or agency.
25 (p) Except as provided in Section 17.7, the Agency shall
26 have the duty to analyze samples as required from each public
27 water supply to determine compliance with the contaminant
28 levels specified by the Pollution Control Board. The maximum
29 number of samples which the Agency shall be required to
30 analyze for microbiological quality shall be 6 per month, but
31 the Agency may, at its option, analyze a larger number each
32 month for any supply. Results of sample analyses for
33 additional required bacteriological testing, turbidity,
34 residual chlorine and radionuclides are to be provided to the
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1 Agency in accordance with Section 19. Owners of water
2 supplies may enter into agreements with the Agency to provide
3 for reduced Agency participation in sample analyses.
4 (q) The Agency shall have the authority to provide
5 notice to any person who may be liable pursuant to Section
6 22.2(f) of this Act for a release or a substantial threat of
7 a release of a hazardous substance or pesticide. Such notice
8 shall include the identified response action and an
9 opportunity for such person to perform the response action.
10 (r) The Agency may enter into written delegation
11 agreements with any unit of local government under which it
12 may delegate all or portions of its inspecting, investigating
13 and enforcement functions. Such delegation agreements shall
14 require that work performed thereunder be in accordance with
15 Agency criteria and subject to Agency review. Notwithstanding
16 any other provision of law to the contrary, no unit of local
17 government shall be liable for any injury resulting from the
18 exercise of its authority pursuant to such a delegation
19 agreement unless the injury is proximately caused by the
20 willful and wanton negligence of an agent or employee of the
21 unit of local government, and any policy of insurance
22 coverage issued to a unit of local government may provide for
23 the denial of liability and the nonpayment of claims based
24 upon injuries for which the unit of local government is not
25 liable pursuant to this subsection (r).
26 (s) The Agency shall have authority to take whatever
27 preventive or corrective action is necessary or appropriate,
28 including but not limited to expenditure of monies
29 appropriated from the Build Illinois Bond Fund and the Build
30 Illinois Purposes Fund for removal or remedial action,
31 whenever any hazardous substance or pesticide is released or
32 there is a substantial threat of such a release into the
33 environment. The State, the Director, and any State employee
34 shall be indemnified for any damages or injury arising out of
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1 or resulting from any action taken under this subsection.
2 The Director of the Agency is authorized to enter into such
3 contracts and agreements as are necessary to carry out the
4 Agency's duties under this subsection.
5 (t) The Agency shall have authority to distribute
6 grants, subject to appropriation by the General Assembly, for
7 financing and construction of municipal wastewater
8 facilities. With respect to all monies appropriated from the
9 Build Illinois Bond Fund and the Build Illinois Purposes Fund
10 for wastewater facility grants, the Agency shall make
11 distributions in conformity with the rules and regulations
12 established pursuant to the Anti-Pollution Bond Act, as now
13 or hereafter amended.
14 (u) Pursuant to the Illinois Administrative Procedure
15 Act, the Agency shall have the authority to adopt such rules
16 as are necessary or appropriate for the Agency to implement
17 Section 31.1 of this Act.
18 (v) (Blank)
19 (w) Neither the State, nor the Director, nor the Board,
20 nor any State employee shall be liable for any damages or
21 injury arising out of or resulting from any action taken
22 under subsection (s) or subsection (v).
23 (x)(1) The Agency shall have authority to distribute
24 grants, subject to appropriation by the General Assembly,
25 to units of local government for financing and
26 construction of public water supply facilities. With
27 respect to all monies appropriated from the Build
28 Illinois Bond Fund or the Build Illinois Purposes Fund
29 for public water supply grants, such grants shall be made
30 in accordance with rules promulgated by the Agency. Such
31 rules shall include a requirement for a local match of
32 30% of the total project cost for projects funded through
33 such grants.
34 (2) The Agency shall not terminate a grant to a
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1 unit of local government for the financing and
2 construction of public water supply facilities unless and
3 until the Agency adopts rules that set forth precise and
4 complete standards, pursuant to Section 5-20 of the
5 Illinois Administrative Procedure Act, for the
6 termination of such grants. The Agency shall not make
7 determinations on whether specific grant conditions are
8 necessary to ensure the integrity of a project or on
9 whether subagreements shall be awarded, with respect to
10 grants for the financing and construction of public water
11 supply facilities, unless and until the Agency adopts
12 rules that set forth precise and complete standards,
13 pursuant to Section 5-20 of the Illinois Administrative
14 Procedure Act, for making such determinations. The Agency
15 shall not issue a stop-work order in relation to such
16 grants unless and until the Agency adopts precise and
17 complete standards, pursuant to Section 5-20 of the
18 Illinois Administrative Procedure Act, for determining
19 whether to issue a stop-work order.
20 (y) The Agency shall have authority to release any
21 person from further responsibility for preventive or
22 corrective action under this Act following successful
23 completion of preventive or corrective action undertaken by
24 such person upon written request by the person.
25 (Source: P.A. 88-45; 88-496; 88-690, eff. 1-24-95.)