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91_HB3400
LRB9112281ACtm
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
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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 ; or
20 (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 at least 48
33 hours in advance of the details of the need for the
34 inspection or investigation.
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1 (B) The owner or operator must be given the
2 opportunity to be present during the inspection or
3 investigation.
4 (C) The person making the inspection or
5 investigation shall discuss with the owner or
6 operator an evaluation of the findings of the
7 inspection or investigation and shall (i) provide
8 on-site written details to the owner or operator of
9 any purported violation with specific cites of the
10 environmental law or regulations thereunder or
11 results of the investigation or inspection; and (ii)
12 within 10 working days after the inspection, inform
13 the owner or operator in writing of any purported
14 violation of the Act or regulations and corrective
15 actions required, if necessary. The owner or
16 operator shall be given the opportunity by the
17 Agency to enter into an agreement of compliance
18 setting forth the specific action and timetable to
19 correct the violation before further enforcement
20 action is taken.
21 (D) The person making any inspection or
22 investigation shall comply with reasonable animal or
23 safety protection procedures as requested by the
24 owner or operator.
25 (e) The Agency shall have the duty to investigate
26 violations of this Act or of regulations adopted thereunder,
27 or of permits or terms or conditions thereof, to issue
28 administrative citations as provided in Section 31.1 of this
29 Act, and to take such summary enforcement action as is
30 provided for by Section 34 of this Act.
31 (f) The Agency shall appear before the Board in any
32 hearing upon a petition for variance, the denial of a permit,
33 or the validity or effect of a rule or regulation of the
34 Board, and shall have the authority to appear before the
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1 Board in any hearing under the Act.
2 (g) The Agency shall have the duty to administer, in
3 accord with Title X of this Act, such permit and
4 certification systems as may be established by this Act or by
5 regulations adopted thereunder. The Agency may enter into
6 written delegation agreements with any department, agency, or
7 unit of State or local government under which all or portions
8 of this duty may be delegated for public water supply storage
9 and transport systems, sewage collection and transport
10 systems, air pollution control sources with uncontrolled
11 emissions of 100 tons per year or less and application of
12 algicides to waters of the State. Such delegation agreements
13 will require that the work to be performed thereunder will be
14 in accordance with Agency criteria, subject to Agency review,
15 and shall include such financial and program auditing by the
16 Agency as may be required.
17 (h) The Agency shall have authority to require the
18 submission of complete plans and specifications from any
19 applicant for a permit required by this Act or by regulations
20 thereunder, and to require the submission of such reports
21 regarding actual or potential violations of the Act or of
22 regulations thereunder, or of permits or terms or conditions
23 thereof, as may be necessary for purposes of this Act.
24 (i) The Agency shall have authority to make
25 recommendations to the Board for the adoption of regulations
26 under Title VII of the Act.
27 (j) The Agency shall have the duty to represent the
28 State of Illinois in any and all matters pertaining to plans,
29 procedures, or negotiations for interstate compacts or other
30 governmental arrangements relating to environmental
31 protection.
32 (k) The Agency shall have the authority to accept,
33 receive, and administer on behalf of the State any grants,
34 gifts, loans, indirect cost reimbursements, or other funds
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1 made available to the State from any source for purposes of
2 this Act or for air or water pollution control, public water
3 supply, solid waste disposal, noise abatement, or other
4 environmental protection activities, surveys, or programs.
5 Any federal funds received by the Agency pursuant to this
6 subsection shall be deposited in a trust fund with the State
7 Treasurer and held and disbursed by him in accordance with
8 Treasurer as Custodian of Funds Act, provided that such
9 monies shall be used only for the purposes for which they are
10 contributed and any balance remaining shall be returned to
11 the contributor.
12 The Agency is authorized to promulgate such regulations
13 and enter into such contracts as it may deem necessary for
14 carrying out the provisions of this subsection.
15 (l) The Agency is hereby designated as water pollution
16 agency for the state for all purposes of the Federal Water
17 Pollution Control Act, as amended; as implementing agency for
18 the State for all purposes of the Safe Drinking Water Act,
19 Public Law 93-523, as now or hereafter amended, except
20 Section 1425 of that Act; as air pollution agency for the
21 state for all purposes of the Clean Air Act of 1970, Public
22 Law 91-604, approved December 31, 1970, as amended; and as
23 solid waste agency for the state for all purposes of the
24 Solid Waste Disposal Act, Public Law 89-272, approved October
25 20, 1965, and amended by the Resource Recovery Act of 1970,
26 Public Law 91-512, approved October 26, 1970, as amended, and
27 amended by the Resource Conservation and Recovery Act of
28 1976, (P.L. 94-580) approved October 21, 1976, as amended; as
29 noise control agency for the state for all purposes of the
30 Noise Control Act of 1972, Public Law 92-574, approved
31 October 27, 1972, as amended; and as implementing agency for
32 the State for all purposes of the Comprehensive Environmental
33 Response, Compensation, and Liability Act of 1980 (P.L.
34 96-510), as amended; and otherwise as pollution control
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1 agency for the State pursuant to federal laws integrated with
2 the foregoing laws, for financing purposes or otherwise. The
3 Agency is hereby authorized to take all action necessary or
4 appropriate to secure to the State the benefits of such
5 federal Acts, provided that the Agency shall transmit to the
6 United States without change any standards adopted by the
7 Pollution Control Board pursuant to Section 5(c) of this Act.
8 This subsection (l) of Section 4 shall not be construed to
9 bar or prohibit the Environmental Protection Trust Fund
10 Commission from accepting, receiving, and administering on
11 behalf of the State any grants, gifts, loans or other funds
12 for which the Commission is eligible pursuant to the
13 Environmental Protection Trust Fund Act. The Agency is hereby
14 designated as the State agency for all purposes of
15 administering the requirements of Section 313 of the federal
16 Emergency Planning and Community Right-to-Know Act of 1986.
17 Any municipality, sanitary district, or other political
18 subdivision, or any Agency of the State or interstate Agency,
19 which makes application for loans or grants under such
20 federal Acts shall notify the Agency of such application; the
21 Agency may participate in proceedings under such federal
22 Acts.
23 (m) The Agency shall have authority, consistent with
24 Section 5(c) and other provisions of this Act, and for
25 purposes of Section 303(e) of the Federal Water Pollution
26 Control Act, as now or hereafter amended, to engage in
27 planning processes and activities and to develop plans in
28 cooperation with units of local government, state agencies
29 and officers, and other appropriate persons in connection
30 with the jurisdiction or duties of each such unit, agency,
31 officer or person. Public hearings shall be held on the
32 planning process, at which any person shall be permitted to
33 appear and be heard, pursuant to procedural regulations
34 promulgated by the Agency.
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1 (n) In accordance with the powers conferred upon the
2 Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this
3 Act, the Agency shall have authority to establish and enforce
4 minimum standards for the operation of laboratories relating
5 to analyses and laboratory tests for air pollution, water
6 pollution, noise emissions, contaminant discharges onto land
7 and sanitary, chemical, and mineral quality of water
8 distributed by a public water supply. The Agency may enter
9 into formal working agreements with other departments or
10 agencies of state government under which all or portions of
11 this authority may be delegated to the cooperating department
12 or agency.
13 (o) The Agency shall have the authority to issue
14 certificates of competency to persons and laboratories
15 meeting the minimum standards established by the Agency in
16 accordance with Section 4(n) of this Act and to promulgate
17 and enforce regulations relevant to the issuance and use of
18 such certificates. The Agency may enter into formal working
19 agreements with other departments or agencies of state
20 government under which all or portions of this authority may
21 be delegated to the cooperating department or agency.
22 (p) Except as provided in Section 17.7, the Agency shall
23 have the duty to analyze samples as required from each public
24 water supply to determine compliance with the contaminant
25 levels specified by the Pollution Control Board. The maximum
26 number of samples which the Agency shall be required to
27 analyze for microbiological quality shall be 6 per month, but
28 the Agency may, at its option, analyze a larger number each
29 month for any supply. Results of sample analyses for
30 additional required bacteriological testing, turbidity,
31 residual chlorine and radionuclides are to be provided to the
32 Agency in accordance with Section 19. Owners of water
33 supplies may enter into agreements with the Agency to provide
34 for reduced Agency participation in sample analyses.
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1 (q) The Agency shall have the authority to provide
2 notice to any person who may be liable pursuant to Section
3 22.2(f) of this Act for a release or a substantial threat of
4 a release of a hazardous substance or pesticide. Such notice
5 shall include the identified response action and an
6 opportunity for such person to perform the response action.
7 (r) The Agency may enter into written delegation
8 agreements with any unit of local government under which it
9 may delegate all or portions of its inspecting, investigating
10 and enforcement functions. Such delegation agreements shall
11 require that work performed thereunder be in accordance with
12 Agency criteria and subject to Agency review. Notwithstanding
13 any other provision of law to the contrary, no unit of local
14 government shall be liable for any injury resulting from the
15 exercise of its authority pursuant to such a delegation
16 agreement unless the injury is proximately caused by the
17 willful and wanton negligence of an agent or employee of the
18 unit of local government, and any policy of insurance
19 coverage issued to a unit of local government may provide for
20 the denial of liability and the nonpayment of claims based
21 upon injuries for which the unit of local government is not
22 liable pursuant to this subsection (r).
23 (s) The Agency shall have authority to take whatever
24 preventive or corrective action is necessary or appropriate,
25 including but not limited to expenditure of monies
26 appropriated from the Build Illinois Bond Fund and the Build
27 Illinois Purposes Fund for removal or remedial action,
28 whenever any hazardous substance or pesticide is released or
29 there is a substantial threat of such a release into the
30 environment. The State, the Director, and any State employee
31 shall be indemnified for any damages or injury arising out of
32 or resulting from any action taken under this subsection.
33 The Director of the Agency is authorized to enter into such
34 contracts and agreements as are necessary to carry out the
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1 Agency's duties under this subsection.
2 (t) The Agency shall have authority to distribute
3 grants, subject to appropriation by the General Assembly, for
4 financing and construction of municipal wastewater
5 facilities. With respect to all monies appropriated from the
6 Build Illinois Bond Fund and the Build Illinois Purposes Fund
7 for wastewater facility grants, the Agency shall make
8 distributions in conformity with the rules and regulations
9 established pursuant to the Anti-Pollution Bond Act, as now
10 or hereafter amended.
11 (u) Pursuant to the Illinois Administrative Procedure
12 Act, the Agency shall have the authority to adopt such rules
13 as are necessary or appropriate for the Agency to implement
14 Section 31.1 of this Act.
15 (v) (Blank)
16 (w) Neither the State, nor the Director, nor the Board,
17 nor any State employee shall be liable for any damages or
18 injury arising out of or resulting from any action taken
19 under subsection (s) or subsection (v).
20 (x)(1) The Agency shall have authority to distribute
21 grants, subject to appropriation by the General Assembly, to
22 units of local government for financing and construction of
23 public water supply facilities. With respect to all monies
24 appropriated from the Build Illinois Bond Fund or the Build
25 Illinois Purposes Fund for public water supply grants, such
26 grants shall be made in accordance with rules promulgated by
27 the Agency. Such rules shall include a requirement for a
28 local match of 30% of the total project cost for projects
29 funded through such grants.
30 (2) The Agency shall not terminate a grant to a unit of
31 local government for the financing and construction of public
32 water supply facilities unless and until the Agency adopts
33 rules that set forth precise and complete standards, pursuant
34 to Section 5-20 of the Illinois Administrative Procedure Act,
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1 for the termination of such grants. The Agency shall not
2 make determinations on whether specific grant conditions are
3 necessary to ensure the integrity of a project or on whether
4 subagreements shall be awarded, with respect to grants for
5 the financing and construction of public water supply
6 facilities, unless and until the Agency adopts rules that set
7 forth precise and complete standards, pursuant to Section
8 5-20 of the Illinois Administrative Procedure Act, for making
9 such determinations. The Agency shall not issue a stop-work
10 order in relation to such grants unless and until the Agency
11 adopts precise and complete standards, pursuant to Section
12 5-20 of the Illinois Administrative Procedure Act, for
13 determining whether to issue a stop-work order.
14 (y) The Agency shall have authority to release any
15 person from further responsibility for preventive or
16 corrective action under this Act following successful
17 completion of preventive or corrective action undertaken by
18 such person upon written request by the person.
19 (Source: P.A. 91-25, eff. 6-9-99.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.