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91_SB1336 LRB9109459ACtm 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 as set by the 19 Governor from time to time or as set by the Compensation 20 Review Board, whichever is greater. If set by the Governor, 21 the Director's annual salary may not exceed 85% of the 22 Governor's annual salary. The Director, in accord with the 23 Personnel Code, shall employ and direct such personnel, and 24 shall provide for such laboratory and other facilities, as 25 may be necessary to carry out the purposes of this Act. In 26 addition, the Director may by agreement secure such services 27 as he may deem necessary from any other department, agency, 28 or unit of the State Government, and may employ and 29 compensate such consultants and technical assistants as may 30 be required. 31 (b) The Agency shall have the duty to collect and -2- LRB9109459ACtm 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 19 thereof.
;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 person making the inspection or -3- LRB9109459ACtm 1 investigation shall (i) provide on-site written 2 details to the owner or operator of any purported 3 violation with specific cites of the environmental 4 law or regulations and procedures conducted 5 thereunder; and (ii) the owner or operator shall be 6 given the opportunity by the Agency to enter into an 7 agreement of compliance setting forth the specific 8 action and timetable to correct the violation before 9 further enforcement action is taken. 10 (C) The person making any inspection or 11 investigation shall comply with reasonable animal or 12 safety protection procedures as requested by the 13 owner or operator. 14 (e) The Agency shall have the duty to investigate 15 violations of this Act or of regulations adopted thereunder, 16 or of permits or terms or conditions thereof, to issue 17 administrative citations as provided in Section 31.1 of this 18 Act, and to take such summary enforcement action as is 19 provided for by Section 34 of this Act. 20 (f) The Agency shall appear before the Board in any 21 hearing upon a petition for variance, the denial of a permit, 22 or the validity or effect of a rule or regulation of the 23 Board, and shall have the authority to appear before the 24 Board in any hearing under the Act. 25 (g) The Agency shall have the duty to administer, in 26 accord with Title X of this Act, such permit and 27 certification systems as may be established by this Act or by 28 regulations adopted thereunder. The Agency may enter into 29 written delegation agreements with any department, agency, or 30 unit of State or local government under which all or portions 31 of this duty may be delegated for public water supply storage 32 and transport systems, sewage collection and transport 33 systems, air pollution control sources with uncontrolled 34 emissions of 100 tons per year or less and application of -4- LRB9109459ACtm 1 algicides to waters of the State. Such delegation agreements 2 will require that the work to be performed thereunder will be 3 in accordance with Agency criteria, subject to Agency review, 4 and shall include such financial and program auditing by the 5 Agency as may be required. 6 (h) The Agency shall have authority to require the 7 submission of complete plans and specifications from any 8 applicant for a permit required by this Act or by regulations 9 thereunder, and to require the submission of such reports 10 regarding actual or potential violations of the Act or of 11 regulations thereunder, or of permits or terms or conditions 12 thereof, as may be necessary for purposes of this Act. 13 (i) The Agency shall have authority to make 14 recommendations to the Board for the adoption of regulations 15 under Title VII of the Act. 16 (j) The Agency shall have the duty to represent the 17 State of Illinois in any and all matters pertaining to plans, 18 procedures, or negotiations for interstate compacts or other 19 governmental arrangements relating to environmental 20 protection. 21 (k) The Agency shall have the authority to accept, 22 receive, and administer on behalf of the State any grants, 23 gifts, loans, indirect cost reimbursements, or other funds 24 made available to the State from any source for purposes of 25 this Act or for air or water pollution control, public water 26 supply, solid waste disposal, noise abatement, or other 27 environmental protection activities, surveys, or programs. 28 Any federal funds received by the Agency pursuant to this 29 subsection shall be deposited in a trust fund with the State 30 Treasurer and held and disbursed by him in accordance with 31 Treasurer as Custodian of Funds Act, provided that such 32 monies shall be used only for the purposes for which they are 33 contributed and any balance remaining shall be returned to 34 the contributor. -5- LRB9109459ACtm 1 The Agency is authorized to promulgate such regulations 2 and enter into such contracts as it may deem necessary for 3 carrying out the provisions of this subsection. 4 (l) The Agency is hereby designated as water pollution 5 agency for the state for all purposes of the Federal Water 6 Pollution Control Act, as amended; as implementing agency for 7 the State for all purposes of the Safe Drinking Water Act, 8 Public Law 93-523, as now or hereafter amended, except 9 Section 1425 of that Act; as air pollution agency for the 10 state for all purposes of the Clean Air Act of 1970, Public 11 Law 91-604, approved December 31, 1970, as amended; and as 12 solid waste agency for the state for all purposes of the 13 Solid Waste Disposal Act, Public Law 89-272, approved October 14 20, 1965, and amended by the Resource Recovery Act of 1970, 15 Public Law 91-512, approved October 26, 1970, as amended, and 16 amended by the Resource Conservation and Recovery Act of 17 1976, (P.L. 94-580) approved October 21, 1976, as amended; as 18 noise control agency for the state for all purposes of the 19 Noise Control Act of 1972, Public Law 92-574, approved 20 October 27, 1972, as amended; and as implementing agency for 21 the State for all purposes of the Comprehensive Environmental 22 Response, Compensation, and Liability Act of 1980 (P.L. 23 96-510), as amended; and otherwise as pollution control 24 agency for the State pursuant to federal laws integrated with 25 the foregoing laws, for financing purposes or otherwise. The 26 Agency is hereby authorized to take all action necessary or 27 appropriate to secure to the State the benefits of such 28 federal Acts, provided that the Agency shall transmit to the 29 United States without change any standards adopted by the 30 Pollution Control Board pursuant to Section 5(c) of this Act. 31 This subsection (l) of Section 4 shall not be construed to 32 bar or prohibit the Environmental Protection Trust Fund 33 Commission from accepting, receiving, and administering on 34 behalf of the State any grants, gifts, loans or other funds -6- LRB9109459ACtm 1 for which the Commission is eligible pursuant to the 2 Environmental Protection Trust Fund Act. The Agency is hereby 3 designated as the State agency for all purposes of 4 administering the requirements of Section 313 of the federal 5 Emergency Planning and Community Right-to-Know Act of 1986. 6 Any municipality, sanitary district, or other political 7 subdivision, or any Agency of the State or interstate Agency, 8 which makes application for loans or grants under such 9 federal Acts shall notify the Agency of such application; the 10 Agency may participate in proceedings under such federal 11 Acts. 12 (m) The Agency shall have authority, consistent with 13 Section 5(c) and other provisions of this Act, and for 14 purposes of Section 303(e) of the Federal Water Pollution 15 Control Act, as now or hereafter amended, to engage in 16 planning processes and activities and to develop plans in 17 cooperation with units of local government, state agencies 18 and officers, and other appropriate persons in connection 19 with the jurisdiction or duties of each such unit, agency, 20 officer or person. Public hearings shall be held on the 21 planning process, at which any person shall be permitted to 22 appear and be heard, pursuant to procedural regulations 23 promulgated by the Agency. 24 (n) In accordance with the powers conferred upon the 25 Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this 26 Act, the Agency shall have authority to establish and enforce 27 minimum standards for the operation of laboratories relating 28 to analyses and laboratory tests for air pollution, water 29 pollution, noise emissions, contaminant discharges onto land 30 and sanitary, chemical, and mineral quality of water 31 distributed by a public water supply. The Agency may enter 32 into formal working agreements with other departments or 33 agencies of state government under which all or portions of 34 this authority may be delegated to the cooperating department -7- LRB9109459ACtm 1 or agency. 2 (o) The Agency shall have the authority to issue 3 certificates of competency to persons and laboratories 4 meeting the minimum standards established by the Agency in 5 accordance with Section 4(n) of this Act and to promulgate 6 and enforce regulations relevant to the issuance and use of 7 such certificates. The Agency may enter into formal working 8 agreements with other departments or agencies of state 9 government under which all or portions of this authority may 10 be delegated to the cooperating department or agency. 11 (p) Except as provided in Section 17.7, the Agency shall 12 have the duty to analyze samples as required from each public 13 water supply to determine compliance with the contaminant 14 levels specified by the Pollution Control Board. The maximum 15 number of samples which the Agency shall be required to 16 analyze for microbiological quality shall be 6 per month, but 17 the Agency may, at its option, analyze a larger number each 18 month for any supply. Results of sample analyses for 19 additional required bacteriological testing, turbidity, 20 residual chlorine and radionuclides are to be provided to the 21 Agency in accordance with Section 19. Owners of water 22 supplies may enter into agreements with the Agency to provide 23 for reduced Agency participation in sample analyses. 24 (q) The Agency shall have the authority to provide 25 notice to any person who may be liable pursuant to Section 26 22.2(f) of this Act for a release or a substantial threat of 27 a release of a hazardous substance or pesticide. Such notice 28 shall include the identified response action and an 29 opportunity for such person to perform the response action. 30 (r) The Agency may enter into written delegation 31 agreements with any unit of local government under which it 32 may delegate all or portions of its inspecting, investigating 33 and enforcement functions. Such delegation agreements shall 34 require that work performed thereunder be in accordance with -8- LRB9109459ACtm 1 Agency criteria and subject to Agency review. Notwithstanding 2 any other provision of law to the contrary, no unit of local 3 government shall be liable for any injury resulting from the 4 exercise of its authority pursuant to such a delegation 5 agreement unless the injury is proximately caused by the 6 willful and wanton negligence of an agent or employee of the 7 unit of local government, and any policy of insurance 8 coverage issued to a unit of local government may provide for 9 the denial of liability and the nonpayment of claims based 10 upon injuries for which the unit of local government is not 11 liable pursuant to this subsection (r). 12 (s) The Agency shall have authority to take whatever 13 preventive or corrective action is necessary or appropriate, 14 including but not limited to expenditure of monies 15 appropriated from the Build Illinois Bond Fund and the Build 16 Illinois Purposes Fund for removal or remedial action, 17 whenever any hazardous substance or pesticide is released or 18 there is a substantial threat of such a release into the 19 environment. The State, the Director, and any State employee 20 shall be indemnified for any damages or injury arising out of 21 or resulting from any action taken under this subsection. 22 The Director of the Agency is authorized to enter into such 23 contracts and agreements as are necessary to carry out the 24 Agency's duties under this subsection. 25 (t) The Agency shall have authority to distribute 26 grants, subject to appropriation by the General Assembly, for 27 financing and construction of municipal wastewater 28 facilities. With respect to all monies appropriated from the 29 Build Illinois Bond Fund and the Build Illinois Purposes Fund 30 for wastewater facility grants, the Agency shall make 31 distributions in conformity with the rules and regulations 32 established pursuant to the Anti-Pollution Bond Act, as now 33 or hereafter amended. 34 (u) Pursuant to the Illinois Administrative Procedure -9- LRB9109459ACtm 1 Act, the Agency shall have the authority to adopt such rules 2 as are necessary or appropriate for the Agency to implement 3 Section 31.1 of this Act. 4 (v) (Blank) 5 (w) Neither the State, nor the Director, nor the Board, 6 nor any State employee shall be liable for any damages or 7 injury arising out of or resulting from any action taken 8 under subsection (s) or subsection (v). 9 (x)(1) The Agency shall have authority to distribute 10 grants, subject to appropriation by the General Assembly, to 11 units of local government for financing and construction of 12 public water supply facilities. With respect to all monies 13 appropriated from the Build Illinois Bond Fund or the Build 14 Illinois Purposes Fund for public water supply grants, such 15 grants shall be made in accordance with rules promulgated by 16 the Agency. Such rules shall include a requirement for a 17 local match of 30% of the total project cost for projects 18 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 public 21 water supply facilities unless and until the Agency adopts 22 rules that set forth precise and complete standards, pursuant 23 to Section 5-20 of the Illinois Administrative Procedure Act, 24 for the termination of such grants. The Agency shall not 25 make determinations on whether specific grant conditions are 26 necessary to ensure the integrity of a project or on whether 27 subagreements shall be awarded, with respect to grants for 28 the financing and construction of public water supply 29 facilities, unless and until the Agency adopts rules that set 30 forth precise and complete standards, pursuant to Section 31 5-20 of the Illinois Administrative Procedure Act, for making 32 such determinations. The Agency shall not issue a stop-work 33 order in relation to such grants unless and until the Agency 34 adopts precise and complete standards, pursuant to Section -10- LRB9109459ACtm 1 5-20 of the Illinois Administrative Procedure Act, for 2 determining whether to issue a stop-work order. 3 (y) The Agency shall have authority to release any 4 person from further responsibility for preventive or 5 corrective action under this Act following successful 6 completion of preventive or corrective action undertaken by 7 such person upon written request by the person. 8 (Source: P.A. 91-25, eff. 6-9-99.) 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.
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