Illinois General Assembly - Full Text of HB5272
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Full Text of HB5272  100th General Assembly




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1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Transportation Law of the
5Civil Administrative Code of Illinois is amended by adding
6Section 2705-380 as follows:
7    (20 ILCS 2705/2705-380 new)
8    Sec. 2705-380. Chicago O'Hare International Airport
9environmental impact study. The Department shall assist the
10Illinois Environmental Protection Agency with conducting a
11study, as provided in subsection (bb) of Section (4) of the
12Environmental Protection Act, describing the environmental,
13noise, and human health impacts caused by runways, including
14new runways, and air traffic at Chicago O'Hare International
15Airport. In assisting with this study, the Department shall
16assist the Illinois Environmental Protection Agency with
17monitoring noise levels experienced in 2019 and 2020 and shall
18pay particular attention to the impact of air pollution, noise
19pollution, the emission of gases and fluids by aircraft, and
20similar factors on the quality of life, health, and property
21values of persons who live adjacent to flight paths used by
22Chicago O'Hare International Airport.



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1    Section 10. The Environmental Protection Act is amended by
2changing Section 4 as follows:
3    (415 ILCS 5/4)  (from Ch. 111 1/2, par. 1004)
4    Sec. 4. Environmental Protection Agency; establishment;
6    (a) There is established in the Executive Branch of the
7State Government an agency to be known as the Environmental
8Protection Agency. This Agency shall be under the supervision
9and direction of a Director who shall be appointed by the
10Governor with the advice and consent of the Senate. The term of
11office of the Director shall expire on the third Monday of
12January in odd numbered years, provided that he or she shall
13hold office until a successor is appointed and has qualified.
14The Director shall receive an annual salary as set by the
15Compensation Review Board. The Director, in accord with the
16Personnel Code, shall employ and direct such personnel, and
17shall provide for such laboratory and other facilities, as may
18be necessary to carry out the purposes of this Act. In
19addition, the Director may by agreement secure such services as
20he or she may deem necessary from any other department, agency,
21or unit of the State Government, and may employ and compensate
22such consultants and technical assistants as may be required.
23    (b) The Agency shall have the duty to collect and
24disseminate such information, acquire such technical data, and
25conduct such experiments as may be required to carry out the



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1purposes of this Act, including ascertainment of the quantity
2and nature of discharges from any contaminant source and data
3on those sources, and to operate and arrange for the operation
4of devices for the monitoring of environmental quality.
5    (c) The Agency shall have authority to conduct a program of
6continuing surveillance and of regular or periodic inspection
7of actual or potential contaminant or noise sources, of public
8water supplies, and of refuse disposal sites.
9    (d) In accordance with constitutional limitations, the
10Agency shall have authority to enter at all reasonable times
11upon 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
24violations of this Act, any rule or regulation adopted under
25this Act, any permit or term or condition of a permit, or any
26Board order; to issue administrative citations as provided in



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1Section 31.1 of this Act; and to take such summary enforcement
2action as is provided for by Section 34 of this Act.
3    (f) The Agency shall appear before the Board in any hearing
4upon a petition for variance or time-limited water quality
5standard, the denial of a permit, or the validity or effect of
6a rule or regulation of the Board, and shall have the authority
7to appear before the Board in any hearing under the Act.
8    (g) The Agency shall have the duty to administer, in accord
9with Title X of this Act, such permit and certification systems
10as may be established by this Act or by regulations adopted
11thereunder. The Agency may enter into written delegation
12agreements with any department, agency, or unit of State or
13local government under which all or portions of this duty may
14be delegated for public water supply storage and transport
15systems, sewage collection and transport systems, air
16pollution control sources with uncontrolled emissions of 100
17tons per year or less and application of algicides to waters of
18the State. Such delegation agreements will require that the
19work to be performed thereunder will be in accordance with
20Agency criteria, subject to Agency review, and shall include
21such financial and program auditing by the Agency as may be
23    (h) The Agency shall have authority to require the
24submission of complete plans and specifications from any
25applicant for a permit required by this Act or by regulations
26thereunder, and to require the submission of such reports



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1regarding actual or potential violations of this Act, any rule
2or regulation adopted under this Act, any permit or term or
3condition of a permit, or any Board order, as may be necessary
4for the purposes of this Act.
5    (i) The Agency shall have authority to make recommendations
6to the Board for the adoption of regulations under Title VII of
7the Act.
8    (j) The Agency shall have the duty to represent the State
9of Illinois in any and all matters pertaining to plans,
10procedures, or negotiations for interstate compacts or other
11governmental arrangements relating to environmental
13    (k) The Agency shall have the authority to accept, receive,
14and administer on behalf of the State any grants, gifts, loans,
15indirect cost reimbursements, or other funds made available to
16the State from any source for purposes of this Act or for air
17or water pollution control, public water supply, solid waste
18disposal, noise abatement, or other environmental protection
19activities, surveys, or programs. Any federal funds received by
20the Agency pursuant to this subsection shall be deposited in a
21trust fund with the State Treasurer and held and disbursed by
22him in accordance with Treasurer as Custodian of Funds Act,
23provided that such monies shall be used only for the purposes
24for which they are contributed and any balance remaining shall
25be returned to the contributor.
26    The Agency is authorized to promulgate such regulations and



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1enter into such contracts as it may deem necessary for carrying
2out the provisions of this subsection.
3    (l) The Agency is hereby designated as water pollution
4agency for the state for all purposes of the Federal Water
5Pollution Control Act, as amended; as implementing agency for
6the State for all purposes of the Safe Drinking Water Act,
7Public Law 93-523, as now or hereafter amended, except Section
81425 of that Act; as air pollution agency for the state for all
9purposes of the Clean Air Act of 1970, Public Law 91-604,
10approved December 31, 1970, as amended; and as solid waste
11agency for the state for all purposes of the Solid Waste
12Disposal Act, Public Law 89-272, approved October 20, 1965, and
13amended by the Resource Recovery Act of 1970, Public Law
1491-512, approved October 26, 1970, as amended, and amended by
15the Resource Conservation and Recovery Act of 1976, (P.L.
1694-580) approved October 21, 1976, as amended; as noise control
17agency for the state for all purposes of the Noise Control Act
18of 1972, Public Law 92-574, approved October 27, 1972, as
19amended; and as implementing agency for the State for all
20purposes of the Comprehensive Environmental Response,
21Compensation, and Liability Act of 1980 (P.L. 96-510), as
22amended; and otherwise as pollution control agency for the
23State pursuant to federal laws integrated with the foregoing
24laws, for financing purposes or otherwise. The Agency is hereby
25authorized to take all action necessary or appropriate to
26secure to the State the benefits of such federal Acts, provided



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1that the Agency shall transmit to the United States without
2change any standards adopted by the Pollution Control Board
3pursuant to Section 5(c) of this Act. This subsection (l) of
4Section 4 shall not be construed to bar or prohibit the
5Environmental Protection Trust Fund Commission from accepting,
6receiving, and administering on behalf of the State any grants,
7gifts, loans or other funds for which the Commission is
8eligible pursuant to the Environmental Protection Trust Fund
9Act. The Agency is hereby designated as the State agency for
10all purposes of administering the requirements of Section 313
11of the federal Emergency Planning and Community Right-to-Know
12Act of 1986.
13    Any municipality, sanitary district, or other political
14subdivision, or any Agency of the State or interstate Agency,
15which makes application for loans or grants under such federal
16Acts shall notify the Agency of such application; the Agency
17may participate in proceedings under such federal Acts.
18    (m) The Agency shall have authority, consistent with
19Section 5(c) and other provisions of this Act, and for purposes
20of Section 303(e) of the Federal Water Pollution Control Act,
21as now or hereafter amended, to engage in planning processes
22and activities and to develop plans in cooperation with units
23of local government, state agencies and officers, and other
24appropriate persons in connection with the jurisdiction or
25duties of each such unit, agency, officer or person. Public
26hearings shall be held on the planning process, at which any



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1person shall be permitted to appear and be heard, pursuant to
2procedural regulations promulgated by the Agency.
3    (n) In accordance with the powers conferred upon the Agency
4by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the
5Agency shall have authority to establish and enforce minimum
6standards for the operation of laboratories relating to
7analyses and laboratory tests for air pollution, water
8pollution, noise emissions, contaminant discharges onto land
9and sanitary, chemical, and mineral quality of water
10distributed by a public water supply. The Agency may enter into
11formal working agreements with other departments or agencies of
12state government under which all or portions of this authority
13may be delegated to the cooperating department or agency.
14    (o) The Agency shall have the authority to issue
15certificates of competency to persons and laboratories meeting
16the minimum standards established by the Agency in accordance
17with Section 4(n) of this Act and to promulgate and enforce
18regulations relevant to the issuance and use of such
19certificates. The Agency may enter into formal working
20agreements with other departments or agencies of state
21government under which all or portions of this authority may be
22delegated to the cooperating department or agency.
23    (p) Except as provided in Section 17.7, the Agency shall
24have the duty to analyze samples as required from each public
25water supply to determine compliance with the contaminant
26levels specified by the Pollution Control Board. The maximum



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1number of samples which the Agency shall be required to analyze
2for microbiological quality shall be 6 per month, but the
3Agency may, at its option, analyze a larger number each month
4for any supply. Results of sample analyses for additional
5required bacteriological testing, turbidity, residual chlorine
6and radionuclides are to be provided to the Agency in
7accordance with Section 19. Owners of water supplies may enter
8into agreements with the Agency to provide for reduced Agency
9participation in sample analyses.
10    (q) The Agency shall have the authority to provide notice
11to any person who may be liable pursuant to Section 22.2(f) of
12this Act for a release or a substantial threat of a release of
13a hazardous substance or pesticide. Such notice shall include
14the identified response action and an opportunity for such
15person to perform the response action.
16    (r) The Agency may enter into written delegation agreements
17with any unit of local government under which it may delegate
18all or portions of its inspecting, investigating and
19enforcement functions. Such delegation agreements shall
20require that work performed thereunder be in accordance with
21Agency criteria and subject to Agency review. Notwithstanding
22any other provision of law to the contrary, no unit of local
23government shall be liable for any injury resulting from the
24exercise of its authority pursuant to such a delegation
25agreement unless the injury is proximately caused by the
26willful and wanton negligence of an agent or employee of the



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1unit of local government, and any policy of insurance coverage
2issued to a unit of local government may provide for the denial
3of liability and the nonpayment of claims based upon injuries
4for which the unit of local government is not liable pursuant
5to this subsection (r).
6    (s) The Agency shall have authority to take whatever
7preventive or corrective action is necessary or appropriate,
8including but not limited to expenditure of monies appropriated
9from the Build Illinois Bond Fund and the Build Illinois
10Purposes Fund for removal or remedial action, whenever any
11hazardous substance or pesticide is released or there is a
12substantial threat of such a release into the environment. The
13State, the Director, and any State employee shall be
14indemnified for any damages or injury arising out of or
15resulting from any action taken under this subsection. The
16Director of the Agency is authorized to enter into such
17contracts and agreements as are necessary to carry out the
18Agency's duties under this subsection.
19    (t) The Agency shall have authority to distribute grants,
20subject to appropriation by the General Assembly, to units of
21local government for financing and construction of wastewater
22facilities in both incorporated and unincorporated areas. With
23respect to all monies appropriated from the Build Illinois Bond
24Fund and the Build Illinois Purposes Fund for wastewater
25facility grants, the Agency shall make distributions in
26conformity with the rules and regulations established pursuant



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1to the Anti-Pollution Bond Act, as now or hereafter amended.
2    (u) Pursuant to the Illinois Administrative Procedure Act,
3the Agency shall have the authority to adopt such rules as are
4necessary or appropriate for the Agency to implement Section
531.1 of this Act.
6    (v) (Blank.)
7    (w) Neither the State, nor the Director, nor the Board, nor
8any State employee shall be liable for any damages or injury
9arising out of or resulting from any action taken under
10subsection (s).
11    (x)(1) The Agency shall have authority to distribute
12grants, subject to appropriation by the General Assembly, to
13units of local government for financing and construction of
14public water supply facilities. With respect to all monies
15appropriated from the Build Illinois Bond Fund or the Build
16Illinois Purposes Fund for public water supply grants, such
17grants shall be made in accordance with rules promulgated by
18the Agency. Such rules shall include a requirement for a local
19match of 30% of the total project cost for projects funded
20through such grants.
21    (2) The Agency shall not terminate a grant to a unit of
22local government for the financing and construction of public
23water supply facilities unless and until the Agency adopts
24rules that set forth precise and complete standards, pursuant
25to Section 5-20 of the Illinois Administrative Procedure Act,
26for the termination of such grants. The Agency shall not make



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1determinations on whether specific grant conditions are
2necessary to ensure the integrity of a project or on whether
3subagreements shall be awarded, with respect to grants for the
4financing and construction of public water supply facilities,
5unless and until the Agency adopts rules that set forth precise
6and complete standards, pursuant to Section 5-20 of the
7Illinois Administrative Procedure Act, for making such
8determinations. The Agency shall not issue a stop-work order in
9relation to such grants unless and until the Agency adopts
10precise and complete standards, pursuant to Section 5-20 of the
11Illinois Administrative Procedure Act, for determining whether
12to issue a stop-work order.
13    (y) The Agency shall have authority to release any person
14from further responsibility for preventive or corrective
15action under this Act following successful completion of
16preventive or corrective action undertaken by such person upon
17written request by the person.
18    (z) To the extent permitted by any applicable federal law
19or regulation, for all work performed for State construction
20projects which are funded in whole or in part by a capital
21infrastructure bill enacted by the 96th General Assembly by
22sums appropriated to the Environmental Protection Agency, at
23least 50% of the total labor hours must be performed by actual
24residents of the State of Illinois. For purposes of this
25subsection, "actual residents of the State of Illinois" means
26persons domiciled in the State of Illinois. The Department of



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1Labor shall promulgate rules providing for the enforcement of
2this subsection.
3    (aa) The Agency may adopt rules requiring the electronic
4submission of any information required to be submitted to the
5Agency pursuant to any State or federal law or regulation or
6any court or Board order. Any rules adopted under this
7subsection (aa) must include, but are not limited to,
8identification of the information to be submitted
10    (bb) The Agency, with the assistance of the Department of
11Transportation, shall conduct a study describing the
12environmental, noise, and human health impacts caused by
13runways, including new runways, and air traffic at Chicago
14O'Hare International Airport. In conducting this study, the
15Agency, with the assistance of the Department of
16Transportation, shall monitor actual noise levels experienced
17in 2019 and 2020 and shall pay particular attention to the
18impact of air pollution, noise pollution, the emission of gases
19and fluids by aircraft, and similar factors on the quality of
20life, health, and property values of persons who live adjacent
21to flight paths used by Chicago O'Hare International Airport.
22The Agency shall submit a written report of its findings to the
23General Assembly by no later than October 31, 2020. The report
24to the General Assembly shall be filed with the Clerk of the
25House of Representatives and the Secretary of the Senate in
26electronic form only, in the manner that the Clerk and the



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1Secretary shall direct.
2(Source: P.A. 98-72, eff. 7-15-13; 99-937, eff. 2-24-17.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.