Full Text of HB4076 99th General Assembly
HB4076 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4076 Introduced , by Rep. Christine Winger SYNOPSIS AS INTRODUCED: |
| 20 ILCS 2705/2705-380 new | | 415 ILCS 5/4 | from Ch. 111 1/2, par. 1004 |
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Amends the Department of Transportation Law of the Civil Administrative Code of Illinois and the Environmental Protection Act. Requires the Illinois Environmental Protection Agency, with the assistance of the Department of Transportation, to conduct a study describing the environmental and human health impacts caused by runways and air traffic at Chicago O'Hare International Airport. Requires the Agency, when conducting this study, to pay particular attention to the impact of air pollution, noise pollution, the emission of gases and fluids by aircraft, and similar factors on the quality of life, health, and property values of persons who live adjacent to the flight paths used by Chicago O'Hare International Airport. Requires the Agency, with the Department's assistance, to monitor noise levels experienced in 2014 and 2015. Requires the Department to assist with the study. Requires the Agency to deliver a written report of its findings to the General Assembly by no later than October 31, 2015. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Transportation Law of the
| 5 | | Civil Administrative Code of Illinois is amended by adding | 6 | | Section 2705-380 as follows: | 7 | | (20 ILCS 2705/2705-380 new) | 8 | | Sec. 2705-380. Chicago O'Hare International Airport | 9 | | environmental impact study. The Department shall assist the | 10 | | Illinois Environmental Protection Agency with conducting a | 11 | | study, as provided in subsection (bb) of Section (4) of the | 12 | | Environmental Protection Act, describing the environmental, | 13 | | noise, and human health impacts caused by runways, including | 14 | | new runways, and air traffic at Chicago O'Hare International | 15 | | Airport. In assisting with this study, the Department shall | 16 | | assist the Illinois Environmental Protection Agency with | 17 | | monitoring noise levels experienced in 2014 and 2015 and shall | 18 | | pay particular attention to the impact of air pollution, noise | 19 | | pollution, the emission of gases and fluids by aircraft, and | 20 | | similar factors on the quality of life, health, and property | 21 | | values of persons who live adjacent to flight paths used by | 22 | | Chicago O'Hare International Airport. |
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| 1 | | Section 10. The Environmental Protection Act is amended by | 2 | | changing Section 4 as follows:
| 3 | | (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
| 4 | | Sec. 4. Environmental Protection Agency; establishment; | 5 | | duties.
| 6 | | (a) There is established in the Executive Branch of the | 7 | | State Government an
agency to be known as the Environmental | 8 | | Protection Agency. This Agency shall
be under the supervision | 9 | | and direction of a Director who shall be appointed by
the | 10 | | Governor with the advice and consent of the Senate. The term of | 11 | | office
of the Director shall expire on the third Monday of | 12 | | January in odd numbered
years, provided that he or she shall | 13 | | hold office until a successor is appointed
and has qualified. | 14 | | The Director shall
receive an annual salary as set by
the | 15 | | Compensation Review Board. The Director, in accord with the | 16 | | Personnel Code, shall employ and
direct such personnel, and | 17 | | shall provide for such laboratory and other
facilities, as may | 18 | | be necessary to carry out the purposes of this Act. In
| 19 | | addition, the Director may by agreement secure such services as | 20 | | he or she
may deem necessary from any other department, agency, | 21 | | or unit of the State
Government, and may employ and compensate | 22 | | such consultants and technical
assistants as may be required.
| 23 | | (b) The Agency shall have the duty to collect and | 24 | | disseminate such
information, acquire such technical data, and | 25 | | conduct such experiments
as may be required to carry out the |
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| 1 | | purposes of this Act, including
ascertainment of the quantity | 2 | | and nature of discharges from any
contaminant source and data | 3 | | on those sources, and to operate and arrange
for the operation | 4 | | of devices for the monitoring of environmental quality.
| 5 | | (c) The Agency shall have authority to conduct a program of
| 6 | | continuing surveillance and of regular or periodic inspection | 7 | | of actual
or potential contaminant or noise sources, of public | 8 | | water supplies, and
of refuse disposal sites.
| 9 | | (d) In accordance with constitutional limitations,
the | 10 | | Agency shall have authority to enter at all reasonable times
| 11 | | upon any private or public property for the purpose of:
| 12 | | (1) Inspecting and investigating to ascertain possible | 13 | | violations of
this Act, any rule or regulation adopted | 14 | | under this Act, any permit or
term or condition of a | 15 | | permit, or any Board order; or
| 16 | | (2) In accordance with the provisions of this Act, | 17 | | taking whatever
preventive or corrective action, including | 18 | | but not limited to removal or
remedial action, that is | 19 | | necessary or appropriate whenever there is a
release or a | 20 | | substantial threat of a release of (A) a hazardous
| 21 | | substance or pesticide or (B) petroleum from an underground | 22 | | storage tank.
| 23 | | (e) The Agency shall have the duty to investigate | 24 | | violations of this
Act, any rule or regulation adopted under | 25 | | this Act, any permit or
term or condition of a permit, or any | 26 | | Board order;
to issue administrative citations as provided in |
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| 1 | | Section 31.1 of this
Act; and to take such summary enforcement | 2 | | action as is provided
for by Section 34 of this Act.
| 3 | | (f) The Agency shall appear before the Board in any hearing | 4 | | upon a
petition for variance, the denial of a permit, or the | 5 | | validity or effect
of a rule or regulation of the Board, and | 6 | | shall have the authority to
appear before the Board in any | 7 | | hearing under the Act.
| 8 | | (g) The Agency shall have the duty to administer, in accord | 9 | | with
Title X of this Act, such permit and certification systems | 10 | | as may be
established by this Act or by regulations adopted | 11 | | thereunder.
The Agency may enter into written delegation | 12 | | agreements with any department,
agency, or unit of State or | 13 | | local government under which all or portions
of this duty may | 14 | | be delegated for public water supply storage and transport
| 15 | | systems, sewage collection and transport systems, air | 16 | | pollution control
sources with uncontrolled emissions of 100 | 17 | | tons per year or less and
application of algicides to waters of | 18 | | the State. Such delegation
agreements will require that the | 19 | | work to be performed thereunder will be
in accordance with | 20 | | Agency criteria, subject to Agency review, and shall
include | 21 | | such financial and program auditing by the Agency as may be | 22 | | required.
| 23 | | (h) The Agency shall have authority to require the | 24 | | submission of
complete plans and specifications from any | 25 | | applicant for a permit
required by this Act or by regulations | 26 | | thereunder, and to require the
submission of such reports |
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| 1 | | regarding actual or potential violations of
this Act, any rule | 2 | | or regulation adopted under this Act, any permit or
term or | 3 | | condition of a permit, or any Board order, as may be necessary | 4 | | for the purposes of
this Act.
| 5 | | (i) The Agency shall have authority to make recommendations | 6 | | to the
Board for the adoption of regulations under Title VII of | 7 | | the Act.
| 8 | | (j) The Agency shall have the duty to represent the State | 9 | | of
Illinois in any and all matters pertaining to plans, | 10 | | procedures, or
negotiations for interstate compacts or other | 11 | | governmental arrangements
relating to environmental | 12 | | protection.
| 13 | | (k) The Agency shall have the authority to accept, receive, | 14 | | and
administer on behalf of the State any grants, gifts, loans, | 15 | | indirect cost
reimbursements, or other funds made available to | 16 | | the State from any source
for purposes of this Act or for air | 17 | | or water pollution control, public water
supply, solid waste | 18 | | disposal, noise abatement, or other environmental
protection | 19 | | activities, surveys, or programs. Any federal funds received by | 20 | | the
Agency pursuant to this subsection shall be deposited in a | 21 | | trust fund with the
State Treasurer and held and disbursed by | 22 | | him in accordance with Treasurer as
Custodian of Funds Act, | 23 | | provided that such monies shall be used only for the
purposes | 24 | | for which they are contributed and any balance remaining shall | 25 | | be
returned to the contributor.
| 26 | | The Agency is authorized to promulgate such regulations and |
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| 1 | | enter
into such contracts as it may deem necessary for carrying | 2 | | out the
provisions of this subsection.
| 3 | | (l) The Agency is hereby designated as water pollution | 4 | | agency for
the state for all purposes of the Federal Water | 5 | | Pollution Control Act, as
amended; as implementing agency for | 6 | | the State for all purposes of the Safe
Drinking Water Act, | 7 | | Public Law 93-523, as now or hereafter amended, except
Section | 8 | | 1425 of that Act; as air pollution agency for the state for all
| 9 | | purposes of the Clean Air Act of 1970, Public Law 91-604, | 10 | | approved December 31,
1970, as amended; and as solid waste | 11 | | agency for the state for all purposes of
the Solid Waste | 12 | | Disposal Act, Public Law 89-272, approved October 20, 1965,
and | 13 | | amended by the Resource Recovery Act of 1970, Public Law | 14 | | 91-512, approved
October 26, 1970, as amended, and amended by | 15 | | the Resource Conservation and
Recovery Act of 1976, (P.L. | 16 | | 94-580) approved October 21, 1976, as amended; as
noise control | 17 | | agency for the state for all purposes of the Noise Control Act | 18 | | of
1972, Public Law 92-574, approved October 27, 1972, as | 19 | | amended; and as
implementing agency for the State for all | 20 | | purposes of the Comprehensive
Environmental Response, | 21 | | Compensation, and Liability Act of 1980 (P.L. 96-510),
as | 22 | | amended; and otherwise as pollution control agency for the | 23 | | State pursuant
to federal laws integrated with the foregoing | 24 | | laws, for financing purposes or
otherwise. The Agency is hereby | 25 | | authorized to take all action necessary or
appropriate to | 26 | | secure to the State the benefits of such federal Acts, provided
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| 1 | | that the Agency shall transmit to the United States without | 2 | | change any
standards adopted by the Pollution Control Board | 3 | | pursuant to Section 5(c) of
this Act. This subsection (l) of | 4 | | Section 4 shall not be construed to bar or
prohibit the | 5 | | Environmental Protection Trust Fund Commission from accepting,
| 6 | | receiving, and administering on behalf of the State any grants, | 7 | | gifts,
loans or other funds for which the Commission is | 8 | | eligible pursuant to the
Environmental Protection Trust Fund | 9 | | Act. The Agency is hereby designated as
the State agency for | 10 | | all purposes of administering the requirements of Section
313 | 11 | | of the federal Emergency Planning and Community Right-to-Know | 12 | | Act of 1986.
| 13 | | Any municipality, sanitary district, or other political | 14 | | subdivision,
or any Agency of the State or interstate Agency, | 15 | | which makes application
for loans or grants under such federal | 16 | | Acts shall notify the Agency of
such application; the Agency | 17 | | may participate in proceedings under such
federal Acts.
| 18 | | (m) The Agency shall have authority, consistent with | 19 | | Section 5(c)
and other provisions of this Act, and for purposes | 20 | | of Section 303(e) of
the Federal Water Pollution Control Act, | 21 | | as now or hereafter amended,
to engage in planning processes | 22 | | and activities and to develop
plans in cooperation with units | 23 | | of local government, state agencies and
officers, and other | 24 | | appropriate persons in connection with the
jurisdiction or | 25 | | duties of each such unit, agency, officer or person.
Public | 26 | | hearings shall be held on the planning process, at which any
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| 1 | | person shall be permitted to appear and be heard, pursuant to | 2 | | procedural
regulations promulgated by the Agency.
| 3 | | (n) In accordance with the powers conferred upon the Agency | 4 | | by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the | 5 | | Agency shall
have authority to establish and enforce minimum | 6 | | standards for the
operation of laboratories relating to | 7 | | analyses and laboratory tests for
air pollution, water | 8 | | pollution, noise emissions, contaminant discharges
onto land | 9 | | and sanitary, chemical, and mineral quality of water
| 10 | | distributed by a public water supply. The Agency may enter into | 11 | | formal
working agreements with other departments or agencies of | 12 | | state
government under which all or portions of this authority | 13 | | may be
delegated to the cooperating department or agency.
| 14 | | (o) The Agency shall have the authority to issue | 15 | | certificates of
competency to persons and laboratories meeting | 16 | | the minimum standards
established by the Agency in accordance | 17 | | with Section 4(n) of this Act
and to promulgate and enforce | 18 | | regulations relevant to the issuance and
use of such | 19 | | certificates. The Agency may enter into formal working
| 20 | | agreements with other departments or agencies of state | 21 | | government under
which all or portions of this authority may be | 22 | | delegated to the
cooperating department or agency.
| 23 | | (p) Except as provided in Section 17.7, the Agency shall | 24 | | have the
duty to analyze samples as required
from each public | 25 | | water supply to determine compliance with the
contaminant | 26 | | levels specified by the Pollution Control Board. The maximum
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| 1 | | number of samples which the Agency shall be required to analyze | 2 | | for
microbiological quality shall be 6 per month, but the | 3 | | Agency may, at its
option, analyze a larger number each month | 4 | | for any supply. Results of
sample analyses for additional | 5 | | required bacteriological testing,
turbidity, residual chlorine | 6 | | and radionuclides are to be provided to the
Agency in | 7 | | accordance with Section 19. Owners of water supplies may enter
| 8 | | into agreements with the Agency to provide for reduced Agency
| 9 | | participation in sample analyses.
| 10 | | (q) The Agency shall have the authority to provide notice | 11 | | to any
person who may be liable pursuant to Section 22.2(f) of | 12 | | this Act for a
release or a substantial threat of a release of | 13 | | a hazardous substance or
pesticide. Such notice shall include | 14 | | the identified response action and an
opportunity for such | 15 | | person to perform the response action.
| 16 | | (r) The Agency may enter into written delegation agreements | 17 | | with any
unit of local government under which it may delegate | 18 | | all or portions of its
inspecting, investigating and | 19 | | enforcement functions. Such delegation
agreements shall | 20 | | require that work performed thereunder be in accordance
with | 21 | | Agency criteria and subject to Agency review.
Notwithstanding | 22 | | any other provision of law to the contrary, no unit of
local | 23 | | government shall be liable for any injury resulting from the | 24 | | exercise
of its authority pursuant to such a delegation | 25 | | agreement unless the injury
is proximately caused by the | 26 | | willful and wanton negligence of an agent or
employee of the |
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| 1 | | unit of local government, and any policy of insurance
coverage | 2 | | issued to a unit of local government may provide for the denial | 3 | | of
liability and the nonpayment of claims based upon injuries | 4 | | for which the unit
of local government is not liable pursuant | 5 | | to this subsection (r).
| 6 | | (s) The Agency shall have authority to take whatever | 7 | | preventive or
corrective action is necessary or appropriate, | 8 | | including but not limited to
expenditure of monies appropriated | 9 | | from the Build Illinois Bond Fund and
the Build Illinois | 10 | | Purposes Fund for removal or remedial action, whenever
any | 11 | | hazardous substance or pesticide is released or
there is a | 12 | | substantial threat of such a release into the environment. The
| 13 | | State, the Director, and any State employee shall be | 14 | | indemnified for any
damages or injury arising out of or | 15 | | resulting from any action taken under
this subsection. The | 16 | | Director of the Agency is authorized to enter into
such | 17 | | contracts and agreements as are necessary
to carry out the | 18 | | Agency's duties under this subsection.
| 19 | | (t) The Agency shall have authority to distribute grants, | 20 | | subject to
appropriation by the General Assembly, to units of | 21 | | local government for financing and construction of
wastewater | 22 | | facilities in both incorporated and unincorporated areas. With | 23 | | respect to all monies appropriated
from the Build Illinois Bond | 24 | | Fund and the Build Illinois Purposes
Fund for wastewater | 25 | | facility grants, the Agency shall make
distributions in | 26 | | conformity with the rules and regulations established
pursuant |
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| 1 | | to the Anti-Pollution Bond Act, as now or hereafter amended.
| 2 | | (u) Pursuant to the Illinois Administrative Procedure Act, | 3 | | the
Agency shall have the authority to adopt such rules as are | 4 | | necessary or
appropriate for the Agency to implement Section | 5 | | 31.1 of this Act.
| 6 | | (v) (Blank.)
| 7 | | (w) Neither the State, nor the Director, nor the Board, nor | 8 | | any State
employee shall be liable for any damages or injury | 9 | | arising out of or
resulting from any action taken under | 10 | | subsection (s).
| 11 | | (x)(1) The Agency shall have authority to distribute | 12 | | grants, subject to
appropriation by the General Assembly, | 13 | | to units of local government for
financing and construction | 14 | | of public water supply facilities. With respect
to all | 15 | | monies appropriated from the Build Illinois Bond Fund or | 16 | | the Build
Illinois Purposes Fund for public water supply | 17 | | grants, such grants shall be
made in accordance with rules | 18 | | promulgated by the Agency.
Such rules shall include a | 19 | | requirement for a local match of 30% of the
total project | 20 | | cost for projects funded through such grants.
| 21 | | (2) The Agency shall not terminate a grant to a unit of | 22 | | local government
for the financing and construction of | 23 | | public water supply facilities unless
and until the Agency | 24 | | adopts rules that set forth precise and complete
standards, | 25 | | pursuant to Section 5-20 of the Illinois Administrative
| 26 | | Procedure Act, for the termination of such grants. The |
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| 1 | | Agency shall not
make determinations on whether specific | 2 | | grant conditions are necessary to
ensure the integrity of a | 3 | | project or on whether subagreements shall be
awarded, with | 4 | | respect to grants for the financing and construction of
| 5 | | public water supply facilities, unless and until the Agency | 6 | | adopts rules
that set forth precise and complete standards, | 7 | | pursuant to Section 5-20
of the Illinois Administrative | 8 | | Procedure Act, for making such
determinations. The Agency | 9 | | shall not issue a stop-work order in relation to
such | 10 | | grants unless and until the Agency adopts precise and | 11 | | complete standards,
pursuant to Section 5-20 of the | 12 | | Illinois Administrative Procedure Act, for
determining | 13 | | whether to issue a stop-work order.
| 14 | | (y) The Agency shall have authority to release any person | 15 | | from further
responsibility for preventive or corrective | 16 | | action under this Act following
successful completion of | 17 | | preventive or corrective action undertaken by such
person upon | 18 | | written request by the person.
| 19 | | (z) To the extent permitted by any applicable federal law | 20 | | or regulation, for all work performed for State construction | 21 | | projects which are funded in whole or in part by a capital | 22 | | infrastructure bill enacted by the 96th General Assembly by | 23 | | sums appropriated to the Environmental Protection Agency, at | 24 | | least 50% of the total labor hours must be performed by actual | 25 | | residents of the State of Illinois. For purposes of this | 26 | | subsection, "actual residents of the State of Illinois" means |
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| 1 | | persons domiciled in the State of Illinois. The Department of | 2 | | Labor shall promulgate rules providing for the enforcement of | 3 | | this subsection. | 4 | | (aa) The Agency may adopt rules requiring the electronic | 5 | | submission of any information required to be submitted to the | 6 | | Agency pursuant to any State or federal law or regulation or | 7 | | any court or Board order. Any rules adopted under this | 8 | | subsection (aa) must include, but are not limited to, | 9 | | identification of the information to be submitted | 10 | | electronically. | 11 | | (bb) The Agency, with the assistance of the Department of | 12 | | Transportation, shall conduct a study describing the | 13 | | environmental, noise, and human health impacts caused by | 14 | | runways, including new runways, and air traffic at Chicago | 15 | | O'Hare International Airport. In conducting this study, the | 16 | | Agency, with the assistance of the Department of | 17 | | Transportation, shall monitor actual noise levels experienced | 18 | | in 2015 and shall pay particular attention to the impact of air | 19 | | pollution, noise pollution, the
emission of gases and fluids by | 20 | | aircraft, and similar factors on the quality of life, health, | 21 | | and property values of persons who live adjacent to flight | 22 | | paths used by Chicago O'Hare International Airport. The Agency | 23 | | shall deliver a written report of its findings to the General | 24 | | Assembly by no later than October 31, 2015. | 25 | | (Source: P.A. 98-72, eff. 7-15-13.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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