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91_HB1970 LRB9102580ACcd 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 6 by 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 Environmental 12 Protection Agency. This Agency shall be under the supervision 13 and direction of a Director who shall be appointed by the 14 Governor with the advice and consent of the Senate. The term 15 of office of the Director shall expire on the third Monday of 16 January in odd numbered years provided that he shall hold his 17 office until his successor is appointed and qualified. The 18 Director shall receive an annual salary of $38,500 from the 19 third Monday in January, 1979 to the third Monday in January, 20 1980; $40,800 from the third Monday in January, 1980 to the 21 third Monday in January, 1981, and $43,000 thereafter, or as 22 set by the Compensation Review Board, whichever is greater. 23 The Director, in accord with the Personnel Code, shall employ 24 and direct such personnel, and shall provide for such 25 laboratory and other facilities, as may be necessary to carry 26 out the purposes of this Act. In addition, the Director may 27 by agreement secure such services as he may deem necessary 28 from any other department, agency, or unit of the State 29 Government, and may employ and compensate such consultants 30 and technical assistants as may be required. 31 (b) The Agency shall have the duty to collect and -2- LRB9102580ACcd 1 disseminate such information, acquire such technical data, 2 and conduct such experiments as may be required to carry out 3 the purposes of this Act, including ascertainment of the 4 quantity and nature of discharges from any contaminant source 5 and data on those sources, and to operate and arrange for the 6 operation of devices for the monitoring of environmental 7 quality. 8 (c) The Agency shall have authority to conduct a program 9 of continuing surveillance and of regular or periodic 10 inspection of actual or potential contaminant or noise 11 sources, of public water supplies, and of refuse disposal 12 sites. 13 (d) In accordance with constitutional limitations, the 14 Agency shall have authority to enter at all reasonable times 15 upon any private or public property for the purpose of: 16 (1) Inspecting and investigating to ascertain 17 possible violations of the Act or of regulations 18 thereunder, or of permits or terms or conditions thereof. 19
;or20 (2) In accordance with the provisions of this Act, 21 taking whatever preventive or corrective action, 22 including but not limited to removal or remedial action, 23 that is necessary or appropriate whenever there is a 24 release or a substantial threat of a release of (A) a 25 hazardous substance or pesticide or (B) petroleum from an 26 underground storage tank. 27 (3) Inspecting or investigating possible violations 28 of this Act or regulations thereunder on agricultural 29 land or facilities used for agricultural purposes. The 30 Agency shall use the following procedures: 31 (A) The owner or operator of the agricultural 32 land or facilities must be notified of the details 33 of the need for the inspection or investigation. 34 (B) The owner or operator must be given the -3- LRB9102580ACcd 1 opportunity to be present during the inspection or 2 investigation. 3 (C) The person making the inspection or 4 investigation shall discuss with the owner or 5 operator an evaluation of the findings of the 6 inspection or investigation and shall (i) provide 7 on-site written details to the owner or operator of 8 any purported violation with specific cites of the 9 environmental law or regulations thereunder or 10 results of the investigation or inspection; and (ii) 11 within 10 working days after the inspection, inform 12 the owner or operator in writing of any purported 13 violation of the Act or regulations and corrective 14 actions required, if necessary. The owner or 15 operator shall be given the opportunity by the 16 Agency to enter into an agreement of compliance 17 setting forth the specific action and timetable to 18 correct the violation before further enforcement 19 action is taken. 20 (D) The person making any inspection or 21 investigation shall comply with reasonable animal or 22 safety protection procedures as requested by the 23 owner or operator. 24 (e) The Agency shall have the duty to investigate 25 violations of this Act or of regulations adopted thereunder, 26 or of permits or terms or conditions thereof, to issue 27 administrative citations as provided in Section 31.1 of this 28 Act, and to take such summary enforcement action as is 29 provided for by Section 34 of this Act. 30 (f) The Agency shall appear before the Board in any 31 hearing upon a petition for variance, the denial of a permit, 32 or the validity or effect of a rule or regulation of the 33 Board, and shall have the authority to appear before the 34 Board in any hearing under the Act. -4- LRB9102580ACcd 1 (g) The Agency shall have the duty to administer, in 2 accord with Title X of this Act, such permit and 3 certification systems as may be established by this Act or by 4 regulations adopted thereunder. The Agency may enter into 5 written delegation agreements with any department, agency, or 6 unit of State or local government under which all or portions 7 of this duty may be delegated for public water supply storage 8 and transport systems, sewage collection and transport 9 systems, air pollution control sources with uncontrolled 10 emissions of 100 tons per year or less and application of 11 algicides to waters of the State. Such delegation agreements 12 will require that the work to be performed thereunder will be 13 in accordance with Agency criteria, subject to Agency review, 14 and shall include such financial and program auditing by the 15 Agency as may be required. 16 (h) The Agency shall have authority to require the 17 submission of complete plans and specifications from any 18 applicant for a permit required by this Act or by regulations 19 thereunder, and to require the submission of such reports 20 regarding actual or potential violations of the Act or of 21 regulations thereunder, or of permits or terms or conditions 22 thereof, as may be necessary for purposes of this Act. 23 (i) The Agency shall have authority to make 24 recommendations to the Board for the adoption of regulations 25 under Title VII of the Act. 26 (j) The Agency shall have the duty to represent the 27 State of Illinois in any and all matters pertaining to plans, 28 procedures, or negotiations for interstate compacts or other 29 governmental arrangements relating to environmental 30 protection. 31 (k) The Agency shall have the authority to accept, 32 receive, and administer on behalf of the State any grants, 33 gifts, loans, indirect cost reimbursements, or other funds 34 made available to the State from any source for purposes of -5- LRB9102580ACcd 1 this Act or for air or water pollution control, public water 2 supply, solid waste disposal, noise abatement, or other 3 environmental protection activities, surveys, or programs. 4 Any federal funds received by the Agency pursuant to this 5 subsection shall be deposited in a trust fund with the State 6 Treasurer and held and disbursed by him in accordance with 7 Treasurer as Custodian of Funds Act, provided that such 8 monies shall be used only for the purposes for which they are 9 contributed and any balance remaining shall be returned to 10 the contributor. 11 The Agency is authorized to promulgate such regulations 12 and enter into such contracts as it may deem necessary for 13 carrying out the provisions of this subsection. 14 (l) The Agency is hereby designated as water pollution 15 agency for the state for all purposes of the Federal Water 16 Pollution Control Act, as amended; as implementing agency for 17 the State for all purposes of the Safe Drinking Water Act, 18 Public Law 93-523, as now or hereafter amended, except 19 Section 1425 of that Act; as air pollution agency for the 20 state for all purposes of the Clean Air Act of 1970, Public 21 Law 91-604, approved December 31, 1970, as amended; and as 22 solid waste agency for the state for all purposes of the 23 Solid Waste Disposal Act, Public Law 89-272, approved October 24 20, 1965, and amended by the Resource Recovery Act of 1970, 25 Public Law 91-512, approved October 26, 1970, as amended, and 26 amended by the Resource Conservation and Recovery Act of 27 1976, (P.L. 94-580) approved October 21, 1976, as amended; as 28 noise control agency for the state for all purposes of the 29 Noise Control Act of 1972, Public Law 92-574, approved 30 October 27, 1972, as amended; and as implementing agency for 31 the State for all purposes of the Comprehensive Environmental 32 Response, Compensation, and Liability Act of 1980 (P.L. 33 96-510), as amended; and otherwise as pollution control 34 agency for the State pursuant to federal laws integrated with -6- LRB9102580ACcd 1 the foregoing laws, for financing purposes or otherwise. The 2 Agency is hereby authorized to take all action necessary or 3 appropriate to secure to the State the benefits of such 4 federal Acts, provided that the Agency shall transmit to the 5 United States without change any standards adopted by the 6 Pollution Control Board pursuant to Section 5(c) of this Act. 7 This subsection (l) of Section 4 shall not be construed to 8 bar or prohibit the Environmental Protection Trust Fund 9 Commission from accepting, receiving, and administering on 10 behalf of the State any grants, gifts, loans or other funds 11 for which the Commission is eligible pursuant to the 12 Environmental Protection Trust Fund Act. The Agency is hereby 13 designated as the State agency for all purposes of 14 administering the requirements of Section 313 of the federal 15 Emergency Planning and Community Right-to-Know Act of 1986. 16 Any municipality, sanitary district, or other political 17 subdivision, or any Agency of the State or interstate Agency, 18 which makes application for loans or grants under such 19 federal Acts shall notify the Agency of such application; the 20 Agency may participate in proceedings under such federal 21 Acts. 22 (m) The Agency shall have authority, consistent with 23 Section 5(c) and other provisions of this Act, and for 24 purposes of Section 303(e) of the Federal Water Pollution 25 Control Act, as now or hereafter amended, to engage in 26 planning processes and activities and to develop plans in 27 cooperation with units of local government, state agencies 28 and officers, and other appropriate persons in connection 29 with the jurisdiction or duties of each such unit, agency, 30 officer or person. Public hearings shall be held on the 31 planning process, at which any person shall be permitted to 32 appear and be heard, pursuant to procedural regulations 33 promulgated by the Agency. 34 (n) In accordance with the powers conferred upon the -7- LRB9102580ACcd 1 Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this 2 Act, the Agency shall have authority to establish and enforce 3 minimum standards for the operation of laboratories relating 4 to analyses and laboratory tests for air pollution, water 5 pollution, noise emissions, contaminant discharges onto land 6 and sanitary, chemical, and mineral quality of water 7 distributed by a public water supply. The Agency may enter 8 into formal working agreements with other departments or 9 agencies of state government under which all or portions of 10 this authority may be delegated to the cooperating department 11 or agency. 12 (o) The Agency shall have the authority to issue 13 certificates of competency to persons and laboratories 14 meeting the minimum standards established by the Agency in 15 accordance with Section 4(n) of this Act and to promulgate 16 and enforce regulations relevant to the issuance and use of 17 such certificates. The Agency may enter into formal working 18 agreements with other departments or agencies of state 19 government under which all or portions of this authority may 20 be delegated to the cooperating department or agency. 21 (p) Except as provided in Section 17.7, the Agency shall 22 have the duty to analyze samples as required from each public 23 water supply to determine compliance with the contaminant 24 levels specified by the Pollution Control Board. The maximum 25 number of samples which the Agency shall be required to 26 analyze for microbiological quality shall be 6 per month, but 27 the Agency may, at its option, analyze a larger number each 28 month for any supply. Results of sample analyses for 29 additional required bacteriological testing, turbidity, 30 residual chlorine and radionuclides are to be provided to the 31 Agency in accordance with Section 19. Owners of water 32 supplies may enter into agreements with the Agency to provide 33 for reduced Agency participation in sample analyses. 34 (q) The Agency shall have the authority to provide -8- LRB9102580ACcd 1 notice to any person who may be liable pursuant to Section 2 22.2(f) of this Act for a release or a substantial threat of 3 a release of a hazardous substance or pesticide. Such notice 4 shall include the identified response action and an 5 opportunity for such person to perform the response action. 6 (r) The Agency may enter into written delegation 7 agreements with any unit of local government under which it 8 may delegate all or portions of its inspecting, investigating 9 and enforcement functions. Such delegation agreements shall 10 require that work performed thereunder be in accordance with 11 Agency criteria and subject to Agency review. Notwithstanding 12 any other provision of law to the contrary, no unit of local 13 government shall be liable for any injury resulting from the 14 exercise of its authority pursuant to such a delegation 15 agreement unless the injury is proximately caused by the 16 willful and wanton negligence of an agent or employee of the 17 unit of local government, and any policy of insurance 18 coverage issued to a unit of local government may provide for 19 the denial of liability and the nonpayment of claims based 20 upon injuries for which the unit of local government is not 21 liable pursuant to this subsection (r). 22 (s) The Agency shall have authority to take whatever 23 preventive or corrective action is necessary or appropriate, 24 including but not limited to expenditure of monies 25 appropriated from the Build Illinois Bond Fund and the Build 26 Illinois Purposes Fund for removal or remedial action, 27 whenever any hazardous substance or pesticide is released or 28 there is a substantial threat of such a release into the 29 environment. The State, the Director, and any State employee 30 shall be indemnified for any damages or injury arising out of 31 or resulting from any action taken under this subsection. 32 The Director of the Agency is authorized to enter into such 33 contracts and agreements as are necessary to carry out the 34 Agency's duties under this subsection. -9- LRB9102580ACcd 1 (t) The Agency shall have authority to distribute 2 grants, subject to appropriation by the General Assembly, for 3 financing and construction of municipal wastewater 4 facilities. With respect to all monies appropriated from the 5 Build Illinois Bond Fund and the Build Illinois Purposes Fund 6 for wastewater facility grants, the Agency shall make 7 distributions in conformity with the rules and regulations 8 established pursuant to the Anti-Pollution Bond Act, as now 9 or hereafter amended. 10 (u) Pursuant to the Illinois Administrative Procedure 11 Act, the Agency shall have the authority to adopt such rules 12 as are necessary or appropriate for the Agency to implement 13 Section 31.1 of this Act. 14 (v) (Blank) 15 (w) Neither the State, nor the Director, nor the Board, 16 nor any State employee shall be liable for any damages or 17 injury arising out of or resulting from any action taken 18 under subsection (s) or subsection (v). 19 (x)(1) The Agency shall have authority to distribute 20 grants, subject to appropriation by the General Assembly, to 21 units of local government for financing and construction of 22 public water supply facilities. With respect to all monies 23 appropriated from the Build Illinois Bond Fund or the Build 24 Illinois Purposes Fund for public water supply grants, such 25 grants shall be made in accordance with rules promulgated by 26 the Agency. Such rules shall include a requirement for a 27 local match of 30% of the total project cost for projects 28 funded through such grants. 29 (2) The Agency shall not terminate a grant to a unit of 30 local government for the financing and construction of public 31 water supply facilities unless and until the Agency adopts 32 rules that set forth precise and complete standards, pursuant 33 to Section 5-20 of the Illinois Administrative Procedure Act, 34 for the termination of such grants. The Agency shall not -10- LRB9102580ACcd 1 make determinations on whether specific grant conditions are 2 necessary to ensure the integrity of a project or on whether 3 subagreements shall be awarded, with respect to grants for 4 the financing and construction of public water supply 5 facilities, unless and until the Agency adopts rules that set 6 forth precise and complete standards, pursuant to Section 7 5-20 of the Illinois Administrative Procedure Act, for making 8 such determinations. The Agency shall not issue a stop-work 9 order in relation to such grants unless and until the Agency 10 adopts precise and complete standards, pursuant to Section 11 5-20 of the Illinois Administrative Procedure Act, for 12 determining whether to issue a stop-work order. 13 (y) The Agency shall have authority to release any 14 person from further responsibility for preventive or 15 corrective action under this Act following successful 16 completion of preventive or corrective action undertaken by 17 such person upon written request by the person. 18 (Source: P.A. 88-45; 88-496; 88-690, eff. 1-24-95.) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.
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