98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2805

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/5  from Ch. 111 1/2, par. 1005

    Amends the Environmental Protection Act. Makes a technical change in a Section concerning the Pollution Control Board.


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A BILL FOR

 

HB2805LRB098 08680 JDS 38802 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 Section 5 as follows:
 
6    (415 ILCS 5/5)  (from Ch. 111 1/2, par. 1005)
7    Sec. 5. Pollution Control Board.
8    (a) There is hereby created an independent board to be
9known as the the Pollution Control Board.
10    Until July 1, 2003 or when all of the new members to be
11initially appointed under this amendatory Act of the 93rd
12General Assembly have been appointed by the Governor, whichever
13occurs later, the Board shall consist of 7 technically
14qualified members, no more than 4 of whom may be of the same
15political party, to be appointed by the Governor with the
16advice and consent of the Senate.
17    The term of each appointed member of the Board who is in
18office on June 30, 2003 shall terminate at the close of
19business on that date or when all of the new members to be
20initially appointed under this amendatory Act of the 93rd
21General Assembly have been appointed by the Governor, whichever
22occurs later.
23    Beginning on July 1, 2003 or when all of the new members to

 

 

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1be initially appointed under this amendatory Act of the 93rd
2General Assembly have been appointed by the Governor, whichever
3occurs later, the Board shall consist of 5 technically
4qualified members, no more than 3 of whom may be of the same
5political party, to be appointed by the Governor with the
6advice and consent of the Senate. Members shall have verifiable
7technical, academic, or actual experience in the field of
8pollution control or environmental law and regulation.
9    Of the members initially appointed pursuant to this
10amendatory Act of the 93rd General Assembly, one shall be
11appointed for a term ending July 1, 2004, 2 shall be appointed
12for terms ending July 1, 2005, and 2 shall be appointed for
13terms ending July 1, 2006. Thereafter, all members shall hold
14office for 3 years from the first day of July in the year in
15which they were appointed, except in case of an appointment to
16fill a vacancy. In case of a vacancy in the office when the
17Senate is not in session, the Governor may make a temporary
18appointment until the next meeting of the Senate, when he or
19she shall nominate some person to fill such office; and any
20person so nominated, who is confirmed by the Senate, shall hold
21the office during the remainder of the term.
22    Members of the Board shall hold office until their
23respective successors have been appointed and qualified. Any
24member may resign from office, such resignation to take effect
25when a successor has been appointed and has qualified.
26    Board members shall be paid $37,000 per year or an amount

 

 

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1set by the Compensation Review Board, whichever is greater, and
2the Chairman shall be paid $43,000 per year or an amount set by
3the Compensation Review Board, whichever is greater. Each
4member shall devote his or her entire time to the duties of the
5office, and shall hold no other office or position of profit,
6nor engage in any other business, employment, or vocation. Each
7member shall be reimbursed for expenses necessarily incurred
8and shall make a financial disclosure upon appointment.
9    Each Board member may employ one secretary and one
10assistant, and the Chairman one secretary and 2 assistants. The
11Board also may employ and compensate hearing officers to
12preside at hearings under this Act, and such other personnel as
13may be necessary. Hearing officers shall be attorneys licensed
14to practice law in Illinois.
15    The Board may have an Executive Director; if so, the
16Executive Director shall be appointed by the Governor with the
17advice and consent of the Senate. The salary and duties of the
18Executive Director shall be fixed by the Board.
19    The Governor shall designate one Board member to be
20Chairman, who shall serve at the pleasure of the Governor.
21    The Board shall hold at least one meeting each month and
22such additional meetings as may be prescribed by Board rules.
23In addition, special meetings may be called by the Chairman or
24by any 2 Board members, upon delivery of 24 hours written
25notice to the office of each member. All Board meetings shall
26be open to the public, and public notice of all meetings shall

 

 

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1be given at least 24 hours in advance of each meeting. In
2emergency situations in which a majority of the Board certifies
3that exigencies of time require the requirements of public
4notice and of 24 hour written notice to members may be
5dispensed with, and Board members shall receive such notice as
6is reasonable under the circumstances.
7    If there is no vacancy on the Board, 4 members of the Board
8shall constitute a quorum to transact business; otherwise, a
9majority of the Board shall constitute a quorum to transact
10business, and no vacancy shall impair the right of the
11remaining members to exercise all of the powers of the Board.
12Every action approved by a majority of the members of the Board
13shall be deemed to be the action of the Board. The Board shall
14keep a complete and accurate record of all its meetings.
15    (b) The Board shall determine, define and implement the
16environmental control standards applicable in the State of
17Illinois and may adopt rules and regulations in accordance with
18Title VII of this Act.
19    (c) The Board shall have authority to act for the State in
20regard to the adoption of standards for submission to the
21United States under any federal law respecting environmental
22protection. Such standards shall be adopted in accordance with
23Title VII of the Act and upon adoption shall be forwarded to
24the Environmental Protection Agency for submission to the
25United States pursuant to subsections (l) and (m) of Section 4
26of this Act. Nothing in this paragraph shall limit the

 

 

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1discretion of the Governor to delegate authority granted to the
2Governor under any federal law.
3    (d) The Board shall have authority to conduct proceedings
4upon complaints charging violations of this Act, any rule or
5regulation adopted under this Act, any permit or term or
6condition of a permit, or any Board order; upon administrative
7citations; upon petitions for variances or adjusted standards;
8upon petitions for review of the Agency's final determinations
9on permit applications in accordance with Title X of this Act;
10upon petitions to remove seals under Section 34 of this Act;
11and upon other petitions for review of final determinations
12which are made pursuant to this Act or Board rule and which
13involve a subject which the Board is authorized to regulate.
14The Board may also conduct other proceedings as may be provided
15by this Act or any other statute or rule.
16    (e) In connection with any proceeding pursuant to
17subsection (b) or (d) of this Section, the Board may subpoena
18and compel the attendance of witnesses and the production of
19evidence reasonably necessary to resolution of the matter under
20consideration. The Board shall issue such subpoenas upon the
21request of any party to a proceeding under subsection (d) of
22this Section or upon its own motion.
23    (f) The Board may prescribe reasonable fees for permits
24required pursuant to this Act. Such fees in the aggregate may
25not exceed the total cost to the Agency for its inspection and
26permit systems. The Board may not prescribe any permit fees

 

 

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1which are different in amount from those established by this
2Act.
3(Source: P.A. 95-331, eff. 8-21-07.)