(415 ILCS 5/3.135)
(was 415 ILCS 5/3.94)
Coal combustion by-product; CCB.
(a) "Coal combustion
by-product" (CCB) means coal combustion waste when used beneficially in any of
the following ways:
(1) The extraction or recovery of material compounds
(2) The use of CCB as a raw ingredient or mineral
filler in the manufacture of the following commercial products: cement; concrete and concrete mortars; cementious products including block, pipe and precast/prestressed components; asphalt or cementious roofing products; plastic products including pipes and fittings; paints and metal alloys; kiln fired products including bricks, blocks, and tiles; abrasive media; gypsum wallboard; asphaltic concrete, or asphalt based paving material.
(3) CCB used (A) in accordance with the Illinois
Department of Transportation ("IDOT") standard specifications and subsection (a-5) of this Section or (B) under the approval of the Department of Transportation for IDOT projects.
(4) Bottom ash used as antiskid material, athletic
(5) Use in the stabilization or modification of soils
providing the CCB meets the IDOT specifications for soil modifiers.
(6) CCB used as a functionally equivalent substitute
for agricultural lime as a soil conditioner.
(6.5) CCB that is a synthetic gypsum that:
(A) has a calcium sulfate dihydrate content
greater than 90%, by dry weight, and is generated by the lime or limestone forced oxidation process;
(B) is registered with the Illinois Department
of Agriculture as a fertilizer or soil amendment and is used as a fertilizer or soil amendment;
(C) is a functionally equivalent substitute for
mined gypsum (calcium sulfate dihydrate) used as a fertilizer or soil amendment;
(D) is used in accordance with, and applied at
a rate consistent with, documented recommendations of a qualified agricultural professional or institution, including, but not limited to any of the following: certified crop adviser, agronomist, university researcher, federal Natural Resources Conservation Service Conservation Practice Standard regarding the amendment of soil properties with gypsum, or State-approved nutrient management plan; but in no case is applied at a rate greater than 5 dry tons per acre per year; and
(E) has not been mixed with any waste.
(7) Bottom ash used in non-IDOT pavement sub-base or
base, pipe bedding, or foundation backfill.
(8) Structural fill, designed and constructed
according to ASTM standard E2277-03 or Illinois Department of Transportation specifications, when used in an engineered application or combined with cement, sand, or water to produce a controlled strength fill material and covered with 12 inches of soil unless infiltration is prevented by the material itself or other cover material.
(9) Mine subsidence, mine fire control, mine sealing,
(a-5) Except to the extent that the uses are otherwise authorized by law
without such restrictions, the uses specified in items (a)(3)(A) and (a)(7) through (9) shall be subject to the
(A) CCB shall not have been mixed with hazardous
(B) CCB shall not exceed Class I Groundwater
Standards for metals when tested utilizing test method ASTM D3987-85. The sample or samples tested shall be representative of the CCB being considered for use.
(C) Unless otherwise exempted, users of CCB for the
purposes described in items (a)(3)(A) and (a)(7) through (9) of this Section shall provide notification to the Agency for each project utilizing CCB documenting the quantity of CCB utilized and certification of compliance with conditions (A) and (B) of this subsection. Notification shall not be required for users of CCB for purposes described in items (a)(1), (a)(2), (a)(3)(B), (a)(4), (a)(5) and (a)(6) of this Section, or as required specifically under a beneficial use determination as provided under this Section, or pavement base, parking lot base, or building base projects utilizing less than 10,000 tons, flowable fill/grout projects utilizing less than 1,000 cubic yards or other applications utilizing less than 100 tons.
(D) Fly ash shall be managed in a manner that
minimizes the generation of airborne particles and dust using techniques such as moisture conditioning, granulating, inground application, or other demonstrated method.
(E) CCB is not to be accumulated speculatively. CCB
is not accumulated speculatively if during the calendar year, the CCB used is equal to 75% of the CCB by weight or volume accumulated at the beginning of the period.
(F) CCB shall include any prescribed mixture of fly
ash, bottom ash, boiler slag, flue gas desulfurization scrubber sludge, fluidized bed combustion ash, and stoker boiler ash and shall be tested as intended for use.
(b) To encourage and promote the utilization of CCB in productive and beneficial
applications, upon request by the applicant, the Agency shall make a written beneficial use determination that coal-combustion
waste is CCB when used in a manner other than those uses specified in subsection (a) of this Section if the applicant demonstrates that use of the coal-combustion waste satisfies all of the following criteria: the use will not cause, threaten, or allow the discharge of any contaminant into the environment; the use will otherwise protect human health and safety and the environment; and the use constitutes a legitimate use of the coal-combustion waste as an ingredient or raw material that is an effective substitute for an analogous ingredient or raw material.
The Agency's beneficial use determinations may allow the uses set forth in items (a)(3)(A) and (a)(7) through (9) of this Section without the CCB being subject to the restrictions set forth in subdivisions (a-5)(B) and (a-5)(E) of this Section.
Within 90 days after the receipt of an application for a beneficial use determination under this subsection (b), the Agency shall, in writing, approve, disapprove, or approve with conditions the beneficial use. Any disapproval or approval with conditions shall include the Agency's reasons for the disapproval or conditions. Failure of the Agency to issue a decision within 90 days shall constitute disapproval of the beneficial use request. These beneficial use determinations are subject to review under Section 40 of this Act.
Any approval of a beneficial use under this subsection (b) shall become effective upon the date of the Agency's written decision and remain in effect for a period of 5 years. If an applicant desires to continue a beneficial use after the expiration of the 5-year period, the applicant must submit an application for renewal no later than 90 days prior to the expiration. The beneficial use approval shall be automatically extended unless denied by the Agency in writing with the Agency's reasons for disapproval, or unless the Agency has requested an extension for review, in which case the use will continue to be allowed until an Agency determination is made.
Coal-combustion waste for which a beneficial use is approved pursuant to this subsection (b) shall be considered CCB during the effective period of the approval, as long as it is used in accordance with the approval and any conditions.
Notwithstanding the other provisions of this subsection (b), written beneficial use determination applications for the use of CCB at sites governed by the federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder, or by any law or rule or regulation adopted by the State of Illinois pursuant thereto, shall be reviewed and approved by the Office of Mines and Minerals within the Department of Natural Resources pursuant to 62 Ill. Adm. Code §§ 1700-1850. Further, appeals of those determinations shall be made pursuant to the Illinois Administrative Review Law.
The Board shall adopt rules establishing standards and procedures for the Agency's issuance of beneficial use determinations under this subsection (b). The Board rules may also, but are not required to, include standards and procedures for the revocation of the beneficial use determinations. Prior to the effective date of Board rules adopted under this subsection (b), the Agency is authorized to make beneficial use determinations in accordance with this subsection (b).
The Agency is authorized to prepare and distribute guidance documents relating to its administration of this Section. Guidance documents prepared under this subsection are not rules for the purposes of the Illinois Administrative Procedure Act.
(Source: P.A. 99-20, eff. 7-10-15.)
(415 ILCS 5/3.330)
(was 415 ILCS 5/3.32)
Pollution control facility.
(a) "Pollution control facility" is any waste storage site, sanitary
landfill, waste disposal site, waste transfer station, waste treatment
facility, or waste incinerator. This includes sewers, sewage treatment
plants, and any other facilities owned or operated by sanitary districts
organized under the Metropolitan Water Reclamation District Act.
The following are not pollution control facilities:
(2) waste storage sites regulated under 40 CFR, Part
(3) sites or facilities used by any person conducting
a waste storage, waste treatment, waste disposal, waste transfer or waste incineration operation, or a combination thereof, for wastes generated by such person's own activities, when such wastes are stored, treated, disposed of, transferred or incinerated within the site or facility owned, controlled or operated by such person, or when such wastes are transported within or between sites or facilities owned, controlled or operated by such person;
(4) sites or facilities at which the State is
performing removal or remedial action pursuant to Section 22.2 or 55.3;
(5) abandoned quarries used solely for the disposal
of concrete, earth materials, gravel, or aggregate debris resulting from road construction activities conducted by a unit of government or construction activities due to the construction and installation of underground pipes, lines, conduit or wires off of the premises of a public utility company which are conducted by a public utility;
(6) sites or facilities used by any person to
specifically conduct a landscape composting operation;
(7) regional facilities as defined in the Central
Midwest Interstate Low-Level Radioactive Waste Compact;
(8) the portion of a site or facility where coal
combustion wastes are stored or disposed of in accordance with subdivision (r)(2) or (r)(3) of Section 21;
(9) the portion of a site or facility used for the
collection, storage or processing of waste tires as defined in Title XIV;
(10) the portion of a site or facility used for
treatment of petroleum contaminated materials by application onto or incorporation into the soil surface and any portion of that site or facility used for storage of petroleum contaminated materials before treatment. Only those categories of petroleum listed in Section 57.9(a)(3) are exempt under this subdivision (10);
(11) the portion of a site or facility where used oil
is collected or stored prior to shipment to a recycling or energy recovery facility, provided that the used oil is generated by households or commercial establishments, and the site or facility is a recycling center or a business where oil or gasoline is sold at retail;
(11.5) processing sites or facilities that receive
only on-specification used oil, as defined in 35 Ill. Admin. Code 739, originating from used oil collectors for processing that is managed under 35 Ill. Admin. Code 739 to produce products for sale to off-site petroleum facilities, if these processing sites or facilities are: (i) located within a home rule unit of local government with a population of at least 30,000 according to the 2000 federal census, that home rule unit of local government has been designated as an Urban Round II Empowerment Zone by the United States Department of Housing and Urban Development, and that home rule unit of local government has enacted an ordinance approving the location of the site or facility and provided funding for the site or facility; and (ii) in compliance with all applicable zoning requirements;
(12) the portion of a site or facility utilizing coal
combustion waste for stabilization and treatment of only waste generated on that site or facility when used in connection with response actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the federal Resource Conservation and Recovery Act of 1976, or the Illinois Environmental Protection Act or as authorized by the Agency;
(13) the portion of a site or facility that accepts
exclusively general construction or demolition debris and is operated and located in accordance with Section 22.38 of this Act;
(14) the portion of a site or facility, located
within a unit of local government that has enacted local zoning requirements, used to accept, separate, and process uncontaminated broken concrete, with or without protruding metal bars, provided that the uncontaminated broken concrete and metal bars are not speculatively accumulated, are at the site or facility no longer than one year after their acceptance, and are returned to the economic mainstream in the form of raw materials or products;
(15) the portion of a site or facility located in a
county with a population over 3,000,000 that has obtained local siting approval under Section 39.2 of this Act for a municipal waste incinerator on or before July 1, 2005 and that is used for a non-hazardous waste transfer station;
(16) a site or facility that temporarily holds in
transit for 10 days or less, non-putrescible solid waste in original containers, no larger in capacity than 500 gallons, provided that such waste is further transferred to a recycling, disposal, treatment, or storage facility on a non-contiguous site and provided such site or facility complies with the applicable 10-day transfer requirements of the federal Resource Conservation and Recovery Act of 1976 and United States Department of Transportation hazardous material requirements. For purposes of this Section only, "non-putrescible solid waste" means waste other than municipal garbage that does not rot or become putrid, including, but not limited to, paints, solvent, filters, and absorbents;
(17) the portion of a site or facility located in a
county with a population greater than 3,000,000 that has obtained local siting approval, under Section 39.2 of this Act, for a municipal waste incinerator on or before July 1, 2005 and that is used for wood combustion facilities for energy recovery that accept and burn only wood material, as included in a fuel specification approved by the Agency;
(18) a transfer station used exclusively for
landscape waste, including a transfer station where landscape waste is ground to reduce its volume, where the landscape waste is held no longer than 24 hours from the time it was received;
(19) the portion of a site or facility that (i) is
used for the composting of food scrap, livestock waste, crop residue, uncontaminated wood waste, or paper waste, including, but not limited to, corrugated paper or cardboard, and (ii) meets all of the following requirements:
(A) There must not be more than a total of 30,000
cubic yards of livestock waste in raw form or in the process of being composted at the site or facility at any one time.
(B) All food scrap, livestock waste, crop
residue, uncontaminated wood waste, and paper waste must, by the end of each operating day, be processed and placed into an enclosed vessel in which air flow and temperature are controlled, or all of the following additional requirements must be met:
(i) The portion of the site or facility used
for the composting operation must include a setback of at least 200 feet from the nearest potable water supply well.
(ii) The portion of the site or facility used
for the composting operation must be located outside the boundary of the 10-year floodplain or floodproofed.
(iii) Except in municipalities with more than
1,000,000 inhabitants, the portion of the site or facility used for the composting operation must be located at least one-eighth of a mile from the nearest residence, other than a residence located on the same property as the site or facility.
(iv) The portion of the site or facility used
for the composting operation must be located at least one-eighth of a mile from the property line of all of the following areas:
(I) Facilities that primarily serve to
house or treat people that are immunocompromised or immunosuppressed, such as cancer or AIDS patients; people with asthma, cystic fibrosis, or bioaerosol allergies; or children under the age of one year.
(II) Primary and secondary schools and
adjacent areas that the schools use for recreation.
(III) Any facility for child care
licensed under Section 3 of the Child Care Act of 1969; preschools; and adjacent areas that the facilities or preschools use for recreation.
(v) By the end of each operating day, all
food scrap, livestock waste, crop residue, uncontaminated wood waste, and paper waste must be (i) processed into windrows or other piles and (ii) covered in a manner that prevents scavenging by birds and animals and that prevents other nuisances.
(C) Food scrap, livestock waste, crop residue,
uncontaminated wood waste, paper waste, and compost must not be placed within 5 feet of the water table.
(D) The site or facility must meet all of the
requirements of the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
(E) The site or facility must not (i) restrict
the flow of a 100-year flood, (ii) result in washout of food scrap, livestock waste, crop residue, uncontaminated wood waste, or paper waste from a 100-year flood, or (iii) reduce the temporary water storage capacity of the 100-year floodplain, unless measures are undertaken to provide alternative storage capacity, such as by providing lagoons, holding tanks, or drainage around structures at the facility.
(F) The site or facility must not be located in
any area where it may pose a threat of harm or destruction to the features for which:
(i) an irreplaceable historic or
archaeological site has been listed under the National Historic Preservation Act (16 U.S.C. 470 et seq.) or the Illinois Historic Preservation Act;
(ii) a natural landmark has been designated
by the National Park Service or the Illinois State Historic Preservation Office; or
(iii) a natural area has been designated as a
Dedicated Illinois Nature Preserve under the Illinois Natural Areas Preservation Act.
(G) The site or facility must not be located in
an area where it may jeopardize the continued existence of any designated endangered species, result in the destruction or adverse modification of the critical habitat for such species, or cause or contribute to the taking of any endangered or threatened species of plant, fish, or wildlife listed under the Endangered Species Act (16 U.S.C. 1531 et seq.) or the Illinois Endangered Species Protection Act;
(20) the portion of a site or facility that is
located entirely within a home rule unit having a population of no less than 120,000 and no more than 135,000, according to the 2000 federal census, and that meets all of the following requirements:
(i) the portion of the site or facility is used
exclusively to perform testing of a thermochemical conversion technology using only woody biomass, collected as landscape waste within the boundaries of the home rule unit, as the hydrocarbon feedstock for the production of synthetic gas in accordance with Section 39.9 of this Act;
(ii) the portion of the site or facility is in
compliance with all applicable zoning requirements; and
(iii) a complete application for a demonstration
permit at the portion of the site or facility has been submitted to the Agency in accordance with Section 39.9 of this Act within one year after July 27, 2010 (the effective date of Public Act 96-1314);
(21) the portion of a site or facility used to
perform limited testing of a gasification conversion technology in accordance with Section 39.8 of this Act and for which a complete permit application has been submitted to the Agency prior to one year from April 9, 2010 (the effective date of Public Act 96-887);
(22) the portion of a site or facility that is used
to incinerate only pharmaceuticals from residential sources that are collected and transported by law enforcement agencies under Section 17.9A of this Act;
(23) the portion of a site or facility:
(A) that is used exclusively for the transfer of
commingled landscape waste and food scrap held at the site or facility for no longer than 24 hours after their receipt;
(B) that is located entirely within a home rule
unit having a population of (i) not less than 100,000 and not more than 115,000 according to the 2010 federal census, (ii) not less than 5,000 and not more than 10,000 according to the 2010 federal census, or (iii) not less than 25,000 and not more than 30,000 according to the 2010 federal census or that is located in the unincorporated area of a county having a population of not less than 700,000 and not more than 705,000 according to the 2010 federal census;
(C) that is permitted, by the Agency, prior to
January 1, 2002, for the transfer of landscape waste if located in a home rule unit or that is permitted prior to January 1, 2008 if located in an unincorporated area of a county; and
(D) for which a permit application is submitted
to the Agency to modify an existing permit for the transfer of landscape waste to also include, on a demonstration basis not to exceed 24 months each time a permit is issued, the transfer of commingled landscape waste and food scrap or for which a permit application is submitted to the Agency within 6 months of the effective date of this amendatory Act of the 100th General Assembly; and
(24) the portion of a municipal solid waste
(A) that is located in a county having a
population of not less than 55,000 and not more than 60,000 according to the 2010 federal census;
(B) that is owned by that county;
(C) that is permitted, by the Agency, prior to
July 10, 2015 (the effective date of Public Act 99-12); and
(D) for which a permit application is submitted
to the Agency within 6 months after July 10, 2015 (the effective date of Public Act 99-12) for the disposal of non-hazardous special waste.
(b) A new pollution control facility is:
(1) a pollution control facility initially permitted
for development or construction after July 1, 1981; or
(2) the area of expansion beyond the boundary of a
currently permitted pollution control facility; or
(3) a permitted pollution control facility
requesting approval to store, dispose of, transfer or incinerate, for the first time, any special or hazardous waste.
(Source: P.A. 99-12, eff. 7-10-15; 99-440, eff. 8-21-15; 99-642, eff. 7-28-16; 100-94, eff. 8-11-17.)
(415 ILCS 5/3.360)
(was 415 ILCS 5/3.84)
Potentially infectious medical waste.
(a) "Potentially infectious medical waste" means
the following types of waste generated in connection with the diagnosis,
treatment (i.e., provision of medical services), or immunization of
human beings or animals; research pertaining to the provision of medical
services; or the production or testing of biologicals:
(1) Cultures and stocks. This waste shall include but
not be limited to cultures and stocks of agents infectious to humans, and associated biologicals; cultures from medical or pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live or attenuated vaccines; or culture dishes and devices used to transfer, inoculate, or mix cultures.
(2) Human pathological wastes. This waste shall
include tissue, organs, and body parts (except teeth and the contiguous structures of bone and gum); body fluids that are removed during surgery, autopsy, or other medical procedures; or specimens of body fluids and their containers.
(3) Human blood and blood products. This waste shall
include discarded human blood, blood components (e.g., serum and plasma), or saturated material containing free flowing blood or blood components.
(4) Used sharps. This waste shall include but not be
limited to discarded sharps used in animal or human patient care, medical research, or clinical or pharmaceutical laboratories; hypodermic, intravenous, or other medical needles; hypodermic or intravenous syringes; Pasteur pipettes; scalpel blades; or blood vials. This waste shall also include but not be limited to other types of broken or unbroken glass (including slides and cover slips) in contact with infectious agents.
(5) Animal waste. Animal waste means discarded
materials, including carcasses, body parts, body fluids, blood, or bedding originating from animals inoculated during research, production of biologicals, or pharmaceutical testing with agents infectious to humans.
(6) Isolation waste. This waste shall include
discarded materials contaminated with blood, excretions, exudates, and secretions from humans that are isolated to protect others from highly communicable diseases. "Highly communicable diseases" means those diseases identified by the Board in rules adopted under subsection (e) of Section 56.2 of this Act.
(7) Unused sharps. This waste shall include but not
be limited to the following unused, discarded sharps: hypodermic, intravenous, or other needles; hypodermic or intravenous syringes; or scalpel blades.
(b) Potentially infectious medical waste does not include:
(1) waste generated as general household waste;
(2) waste (except for sharps) for which the
infectious potential has been eliminated by treatment;
(3) sharps that meet both of the following conditions:
(A) the infectious potential has been eliminated
from the sharps by treatment; and
(B) the sharps are rendered unrecognizable by
(4) sharps that are managed in accordance with the
(A) the infectious potential is eliminated from
the sharps by treatment at a facility that is permitted by the Agency for the treatment of potentially infectious medical waste;
(B) the sharps are certified by the treatment
facility as non-special waste in accordance with Section 22.48 of this Act;
(C) the sharps are packaged at the treatment
facility the same as required under Board rules for potentially infectious medical waste;
(D) the sharps are transported under the custody
of the treatment facility to a landfill permitted by the Agency under Section 21 of this Act to accept municipal waste for disposal; and
(E) the activities in subparagraphs (A) through
(D) of this paragraph (4) are authorized in, and conducted in accordance with, a permit issued by the Agency to the treatment facility.
(Source: P.A. 98-366, eff. 1-1-14.)
(415 ILCS 5/4)
(from Ch. 111 1/2, par. 1004)
Environmental Protection Agency; establishment; duties.
(a) There is established in the Executive Branch of the State Government an
agency to be known as the Environmental Protection Agency. This Agency shall
be under the supervision and direction of a Director who shall be appointed by
the Governor with the advice and consent of the Senate. The term of office
of the Director shall expire on the third Monday of January in odd numbered
years, provided that he or she shall hold office until a successor is appointed
and has qualified. For terms ending before December 31, 2019, the Director shall
receive an annual salary as set by
the Compensation Review Board. For terms beginning after the effective date of this amendatory Act of the 100th General Assembly, the Director's annual salary shall be an amount equal to 15% more than the Director's annual salary as of December 31, 2018. The calculation of the 2018 salary base for this adjustment shall not include any cost of living adjustments, as authorized by Senate Joint Resolution 192 of the 86th General Assembly, for the period beginning July 1, 2009 to June 30, 2019. Beginning July 1, 2019 and each July 1 thereafter, the Director shall receive an increase in salary based on a cost of living adjustment as authorized by Senate Joint Resolution 192 of the 86th General Assembly. The Director, in accord with the Personnel Code, shall employ and
direct such personnel, and shall provide for such laboratory and other
facilities, as may be necessary to carry out the purposes of this Act. In
addition, the Director may by agreement secure such services as he or she
may deem necessary from any other department, agency, or unit of the State
Government, and may employ and compensate such consultants and technical
assistants as may be required.
(b) The Agency shall have the duty to collect and disseminate such
information, acquire such technical data, and conduct such experiments
as may be required to carry out the purposes of this Act, including
ascertainment of the quantity and nature of discharges from any
contaminant source and data on those sources, and to operate and arrange
for the operation of devices for the monitoring of environmental quality.
(c) The Agency shall have authority to conduct a program of
continuing surveillance and of regular or periodic inspection of actual
or potential contaminant or noise sources, of public water supplies, and
of refuse disposal sites.
(d) In accordance with constitutional limitations,
the Agency shall have authority to enter at all reasonable times
upon any private or public property for the purpose of:
(1) Inspecting and investigating to ascertain
possible 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; or
(2) In accordance with the provisions of this Act,
taking whatever preventive or corrective action, including but not limited to removal or remedial action, that is necessary or appropriate whenever there is a release or a substantial threat of a release of (A) a hazardous substance or pesticide or (B) petroleum from an underground storage tank.
(e) The Agency shall have the duty to investigate 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;
to issue administrative citations as provided in Section 31.1 of this
Act; and to take such summary enforcement action as is provided
for by Section 34 of this Act.
(f) The Agency shall appear before the Board in any hearing upon a
petition for variance or time-limited water quality standard, the denial of a permit, or the validity or effect
of a rule or regulation of the Board, and shall have the authority to
appear before the Board in any hearing under the Act.
(g) The Agency shall have the duty to administer, in accord with
Title X of this Act, such permit and certification systems as may be
established by this Act or by regulations adopted thereunder.
The Agency may enter into written delegation agreements with any department,
agency, or unit of State or local government under which all or portions
of this duty may be delegated for public water supply storage and transport
systems, sewage collection and transport systems, air pollution control
sources with uncontrolled emissions of 100 tons per year or less and
application of algicides to waters of the State. Such delegation
agreements will require that the work to be performed thereunder will be
in accordance with Agency criteria, subject to Agency review, and shall
include such financial and program auditing by the Agency as may be required.
(h) The Agency shall have authority to require the submission of
complete plans and specifications from any applicant for a permit
required by this Act or by regulations thereunder, and to require the
submission of such reports regarding actual or potential 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, as may be necessary for the purposes of
(i) The Agency shall have authority to make recommendations to the
Board for the adoption of regulations under Title VII of the Act.
(j) The Agency shall have the duty to represent the State of
Illinois in any and all matters pertaining to plans, procedures, or
negotiations for interstate compacts or other governmental arrangements
relating to environmental protection.
(k) The Agency shall have the authority to accept, receive, and
administer on behalf of the State any grants, gifts, loans, indirect cost
reimbursements, or other funds made available to the State from any source
for purposes of this Act or for air or water pollution control, public water
supply, solid waste disposal, noise abatement, or other environmental
protection activities, surveys, or programs. Any federal funds received by the
Agency pursuant to this subsection shall be deposited in a trust fund with the
State Treasurer and held and disbursed by him in accordance with Treasurer as
Custodian of Funds Act, provided that such monies shall be used only for the
purposes for which they are contributed and any balance remaining shall be
returned to the contributor.
The Agency is authorized to promulgate such regulations and enter
into such contracts as it may deem necessary for carrying out the
provisions of this subsection.
(l) The Agency is hereby designated as water pollution agency for
the state for all purposes of the Federal Water Pollution Control Act, as
amended; as implementing agency for the State for all purposes of the Safe
Drinking Water Act, Public Law 93-523, as now or hereafter amended, except
Section 1425 of that Act; as air pollution agency for the state for all
purposes of the Clean Air Act of 1970, Public Law 91-604, approved December 31,
1970, as amended; and as solid waste agency for the state for all purposes of
the Solid Waste Disposal Act, Public Law 89-272, approved October 20, 1965,
and amended by the Resource Recovery Act of 1970, Public Law 91-512, approved
October 26, 1970, as amended, and amended by the Resource Conservation and
Recovery Act of 1976, (P.L. 94-580) approved October 21, 1976, as amended; as
noise control agency for the state for all purposes of the Noise Control Act of
1972, Public Law 92-574, approved October 27, 1972, as amended; and as
implementing agency for the State for all purposes of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (P.L. 96-510),
as amended; and otherwise as pollution control agency for the State pursuant
to federal laws integrated with the foregoing laws, for financing purposes or
otherwise. The Agency is hereby authorized to take all action necessary or
appropriate to secure to the State the benefits of such federal Acts, provided
that the Agency shall transmit to the United States without change any
standards adopted by the Pollution Control Board pursuant to Section 5(c) of
this Act. This subsection (l) of Section 4 shall not be construed to bar or
prohibit the Environmental Protection Trust Fund Commission from accepting,
receiving, and administering on behalf of the State any grants, gifts,
loans or other funds for which the Commission is eligible pursuant to the
Environmental Protection Trust Fund Act. The Agency is hereby designated as
the State agency for all purposes of administering the requirements of Section
313 of the federal Emergency Planning and Community Right-to-Know Act of 1986.
Any municipality, sanitary district, or other political subdivision,
or any Agency of the State or interstate Agency, which makes application
for loans or grants under such federal Acts shall notify the Agency of
such application; the Agency may participate in proceedings under such
(m) The Agency shall have authority, consistent with Section 5(c)
and other provisions of this Act, and for purposes of Section 303(e) of
the Federal Water Pollution Control Act, as now or hereafter amended,
to engage in planning processes and activities and to develop
plans in cooperation with units of local government, state agencies and
officers, and other appropriate persons in connection with the
jurisdiction or duties of each such unit, agency, officer or person.
Public hearings shall be held on the planning process, at which any
person shall be permitted to appear and be heard, pursuant to procedural
regulations promulgated by the Agency.
(n) In accordance with the powers conferred upon the Agency by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the Agency shall
have authority to establish and enforce minimum standards for the
operation of laboratories relating to analyses and laboratory tests for
air pollution, water pollution, noise emissions, contaminant discharges
onto land and sanitary, chemical, and mineral quality of water
distributed by a public water supply. The Agency may enter into formal
working agreements with other departments or agencies of state
government under which all or portions of this authority may be
delegated to the cooperating department or agency.
(o) The Agency shall have the authority to issue certificates of
competency to persons and laboratories meeting the minimum standards
established by the Agency in accordance with Section 4(n) of this Act
and to promulgate and enforce regulations relevant to the issuance and
use of such certificates. The Agency may enter into formal working
agreements with other departments or agencies of state government under
which all or portions of this authority may be delegated to the
cooperating department or agency.
(p) Except as provided in Section 17.7, the Agency shall have the
duty to analyze samples as required
from each public water supply to determine compliance with the
contaminant levels specified by the Pollution Control Board. The maximum
number of samples which the Agency shall be required to analyze for
microbiological quality shall be 6 per month, but the Agency may, at its
option, analyze a larger number each month for any supply. Results of
sample analyses for additional required bacteriological testing,
turbidity, residual chlorine and radionuclides are to be provided to the
Agency in accordance with Section 19. Owners of water supplies may enter
into agreements with the Agency to provide for reduced Agency
participation in sample analyses.
(q) The Agency shall have the authority to provide notice to any
person who may be liable pursuant to Section 22.2(f) of this Act for a
release or a substantial threat of a release of a hazardous substance or
pesticide. Such notice shall include the identified response action and an
opportunity for such person to perform the response action.
(r) The Agency may enter into written delegation agreements with any
unit of local government under which it may delegate all or portions of its
inspecting, investigating and enforcement functions. Such delegation
agreements shall require that work performed thereunder be in accordance
with Agency criteria and subject to Agency review.
Notwithstanding any other provision of law to the contrary, no unit of
local government shall be liable for any injury resulting from the exercise
of its authority pursuant to such a delegation agreement unless the injury
is proximately caused by the willful and wanton negligence of an agent or
employee of the unit of local government, and any policy of insurance
coverage issued to a unit of local government may provide for the denial of
liability and the nonpayment of claims based upon injuries for which the unit
of local government is not liable pursuant to this subsection (r).
(s) The Agency shall have authority to take whatever preventive or
corrective action is necessary or appropriate, including but not limited to
expenditure of monies appropriated from the Build Illinois Bond Fund and
the Build Illinois Purposes Fund for removal or remedial action, whenever
any hazardous substance or pesticide is released or
there is a substantial threat of such a release into the environment. The
State, the Director, and any State employee shall be indemnified for any
damages or injury arising out of or resulting from any action taken under
this subsection. The Director of the Agency is authorized to enter into
such contracts and agreements as are necessary
to carry out the Agency's duties under this subsection.
(t) The Agency shall have authority to distribute grants, subject to
appropriation by the General Assembly, to units of local government for financing and construction of
wastewater facilities in both incorporated and unincorporated areas. With respect to all monies appropriated
from the Build Illinois Bond Fund and the Build Illinois Purposes
Fund for wastewater facility grants, the Agency shall make
distributions in conformity with the rules and regulations established
pursuant to the Anti-Pollution Bond Act, as now or hereafter amended.
(u) Pursuant to the Illinois Administrative Procedure Act, the
Agency shall have the authority to adopt such rules as are necessary or
appropriate for the Agency to implement Section 31.1 of this Act.
(w) Neither the State, nor the Director, nor the Board, nor any State
employee shall be liable for any damages or injury arising out of or
resulting from any action taken under subsection (s).
(x)(1) The Agency shall have authority to distribute grants, subject to
appropriation by the General Assembly, to units of local government for
financing and construction of public water supply facilities. With respect
to all monies appropriated from the Build Illinois Bond Fund or the Build
Illinois Purposes Fund for public water supply grants, such grants shall be
made in accordance with rules promulgated by the Agency.
Such rules shall include a requirement for a local match of 30% of the
total project cost for projects funded through such grants.
(2) The Agency shall not terminate a grant to a unit of local government
for the financing and construction of public water supply facilities unless
and until the Agency adopts rules that set forth precise and complete
standards, pursuant to Section 5-20 of the Illinois Administrative
Procedure Act, for the termination of such grants. The Agency shall not
make determinations on whether specific grant conditions are necessary to
ensure the integrity of a project or on whether subagreements shall be
awarded, with respect to grants for the financing and construction of
public water supply facilities, unless and until the Agency adopts rules
that set forth precise and complete standards, pursuant to Section 5-20
of the Illinois Administrative Procedure Act, for making such
determinations. The Agency shall not issue a stop-work order in relation to
such grants unless and until the Agency adopts precise and complete standards,
pursuant to Section 5-20 of the Illinois Administrative Procedure Act, for
determining whether to issue a stop-work order.
(y) The Agency shall have authority to release any person from further
responsibility for preventive or corrective action under this Act following
successful completion of preventive or corrective action undertaken by such
person upon written request by the person.
(z) To the extent permitted by any applicable federal law or regulation, for all work performed for State construction projects which are funded in whole or in part by a capital infrastructure bill enacted by the 96th General Assembly by sums appropriated to the Environmental Protection Agency, at least 50% of the total labor hours must be performed by actual residents of the State of Illinois. For purposes of this subsection, "actual residents of the State of Illinois" means persons domiciled in the State of Illinois. The Department of Labor shall promulgate rules providing for the enforcement of this subsection.
(aa) The Agency may adopt rules requiring the electronic submission of any information required to be submitted to the Agency pursuant to any State or federal law or regulation or any court or Board order. Any rules adopted under this subsection (aa) must include, but are not limited to, identification of the information to be submitted electronically.
(Source: P.A. 99-937, eff. 2-24-17; 100-1179, eff. 1-18-19.)
(415 ILCS 5/7.2)
(from Ch. 111 1/2, par. 1007.2)
Identical in substance rulemakings.
(a) In the context of a mandate that the Board adopt regulations
to secure federal authorization for a program, regulations that are
"identical in substance" means State regulations which require the same
actions with respect to protection of the environment, by the same group of
affected persons, as would federal regulations if USEPA administered
the subject program in Illinois. After consideration of comments from the
USEPA, the Agency, the Attorney General and the public, the Board shall
adopt the verbatim text of such USEPA regulations as are necessary and
appropriate for authorization of the program. In adopting "identical in
substance" regulations, the only changes that may be made by the Board to
the federal regulations are those changes that are necessary for compliance
with the Illinois Administrative Code, and technical changes that in no way
change the scope or meaning of any portion of the regulations, except as
(1) The Board shall not adopt the equivalent of USEPA
rules that are not applicable to persons or facilities in Illinois, that govern the program authorization process, that are appropriate only in USEPA-administered programs, or that govern actions to be taken by USEPA, other federal agencies or other states.
(2) The Board shall not adopt rules prescribing
things which are outside the Board's normal functions, such as rules specifying staffing or funding requirements for programs.
(3) If a USEPA rule prescribes the contents of a
State regulation without setting forth the regulation itself, which would be an integral part of any regulation required to be adopted as an "identical in substance" regulation as defined in this Section, the Board shall adopt a regulation as prescribed, to the extent possible consistent with other relevant USEPA regulations and existing State law. The Board may not use this subsection to adopt any regulation which is a required rule as that term is defined by Section 28.2 of this Act. To the extent practicable, the Board in its proposed and adopted opinion shall include its rationale for adopting such regulation.
(4) Pursuant to subsection (a) of Section 5-75 of the
Illinois Administrative Procedure Act, the Board may incorporate USEPA rules by reference where it is possible to do so without causing confusion to the affected public.
(5) If USEPA intends to retain decision-making
authority for a portion of the program, the Board regulation shall so specify. In addition, the Board regulation shall specify whether a decision is to be made by the Board, the Agency or some other State agency, based upon the general division of functions within this Act and other Illinois statutes.
(6) Wherever appropriate, the Board regulations shall
reflect any consistent, more stringent regulations adopted pursuant to the rulemaking requirements of Title VII of this Act and Section 5-35 of the Illinois Administrative Procedure Act.
(7) The Board may correct apparent typographical and
grammatical errors in USEPA rules.
(b) In adopting regulations that are "identical in substance" with
specified federal regulations under subsection (c) of Section 13, Section
13.3, Section 17.5, subsection (a) or (d) of Section 22.4, subsection
(a) of Section 22.7, or subsection (a) of Section 22.40, subsection (H) of Section 10, or specified
federal determinations under subsection
(e) of Section 9.1, the Board shall complete its rulemaking proceedings
within one year after the adoption of the corresponding federal rule. If
the Board consolidates multiple federal rulemakings into a single Board
rulemaking, the one-year period shall be calculated from the adoption date
of the federal rule first adopted among those consolidated.
After adopting an "identical in substance" rule, if the Board determines
that an amendment is needed to that rule, the Board shall initiate a
rulemaking proceeding to propose such amendment. The amendment shall be
adopted within one year of the initiation of the Board's determination.
Additionally, if the Board, after adopting an "identical in substance" rule,
determines that a technical correction to that rule is needed, the Board
may initiate an application for certification of correction under Section
5-85 of the Illinois Administrative Procedure Act.
The one-year period may be extended by the Board for an additional period
of time if necessary to complete the rulemaking proceeding. In order to
extend the one-year period, the Board must make a finding, based upon the
record in the rulemaking proceeding, that the one-year period is
insufficient for completion of the rulemaking, and such finding shall
specifically state the reasons for the extension. Except as otherwise
provided above, the Board must make the
finding that an extension of time is necessary prior to the expiration of
the initial one-year period, and must also publish a notice of extension in
the Illinois Register as expeditiously as practicable following its
decision, stating the specific reasons for the Board's decision
to extend. The notice of extension need not appear in the Illinois
Register prior to the expiration of the initial one year period and shall
specify a date certain by which the Board anticipates completion of the
rulemaking, except that if a date certain cannot be specified because of a
need to delay adoption pending occurrence of an event beyond the Board's
control, the notice shall specify the event, explain its circumstances, and
contain an estimate of the amount of time needed to complete the rulemaking
after the occurrence of the specified event.
(Source: P.A. 97-945, eff. 8-10-12.)