Full Text of HB1543 102nd General Assembly
HB1543 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1543 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/4 | from Ch. 111 1/2, par. 1004 |
| Amends the Environmental Protection Act. Makes a technical change in a Section concerning the duties of the Environmental Protection Agency.
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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 Environmental Protection Act is amended by | 5 | | changing Section 4 as follows:
| 6 | | (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
| 7 | | Sec. 4. Environmental Protection Agency; establishment; | 8 | | duties.
| 9 | | (a) There is established in the
the Executive Branch of | 10 | | the State Government an
agency to be known as the | 11 | | Environmental Protection Agency. This Agency shall
be under | 12 | | the supervision and direction of a Director who shall be | 13 | | appointed by
the Governor with the advice and consent of the | 14 | | Senate. The term of office
of the Director shall expire on the | 15 | | third Monday of January in odd numbered
years, provided that | 16 | | he or she shall hold office until a successor is appointed
and | 17 | | has qualified. For terms ending before December 31, 2019, the | 18 | | Director shall
receive an annual salary as set by
the | 19 | | Compensation Review Board. For terms beginning after the | 20 | | effective date of this amendatory Act of the 100th General | 21 | | Assembly, the Director's annual salary shall be an amount | 22 | | equal to 15% more than the Director's annual salary as of | 23 | | December 31, 2018. The calculation of the 2018 salary base for |
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| 1 | | this adjustment shall not include any cost of living | 2 | | adjustments, as authorized by Senate Joint Resolution 192 of | 3 | | the 86th General Assembly, for the period beginning July 1, | 4 | | 2009 to June 30, 2019. Beginning July 1, 2019 and each July 1 | 5 | | thereafter, the Director shall receive an increase in salary | 6 | | based on a cost of living adjustment as authorized by Senate | 7 | | Joint Resolution 192 of the 86th General Assembly. The | 8 | | Director, in accord with the Personnel Code, shall employ and
| 9 | | direct such personnel, and shall provide for such laboratory | 10 | | and other
facilities, as may be necessary to carry out the | 11 | | purposes of this Act. In
addition, the Director may by | 12 | | agreement secure such services as he or she
may deem necessary | 13 | | from any other department, agency, or unit of the State
| 14 | | Government, and may employ and compensate such consultants and | 15 | | technical
assistants as may be required. | 16 | | (b) The Agency shall have the duty to collect and | 17 | | disseminate such
information, acquire such technical data, and | 18 | | conduct such experiments
as may be required to carry out the | 19 | | purposes of this Act, including
ascertainment of the quantity | 20 | | and nature of discharges from any
contaminant source and data | 21 | | on those sources, and to operate and arrange
for the operation | 22 | | of devices for the monitoring of environmental quality.
| 23 | | (c) The Agency shall have authority to conduct a program | 24 | | of
continuing surveillance and of regular or periodic | 25 | | inspection of actual
or potential contaminant or noise | 26 | | sources, of public water supplies, and
of refuse disposal |
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| 1 | | sites.
| 2 | | (d) In accordance with constitutional limitations,
the | 3 | | Agency shall have authority to enter at all reasonable times
| 4 | | upon any private or public property for the purpose of:
| 5 | | (1) Inspecting and investigating to ascertain possible | 6 | | violations of
this Act, any rule or regulation adopted | 7 | | under this Act, any permit or
term or condition of a | 8 | | permit, or any Board order; or
| 9 | | (2) In accordance with the provisions of this Act, | 10 | | taking whatever
preventive or corrective action, including | 11 | | but not limited to removal or
remedial action, that is | 12 | | necessary or appropriate whenever there is a
release or a | 13 | | substantial threat of a release of (A) a hazardous
| 14 | | substance or pesticide or (B) petroleum from an | 15 | | underground storage tank.
| 16 | | (e) The Agency shall have the duty to investigate | 17 | | violations of this
Act, any rule or regulation adopted under | 18 | | this Act, any permit or
term or condition of a permit, or any | 19 | | Board order;
to issue administrative citations as provided in | 20 | | Section 31.1 of this
Act; and to take such summary enforcement | 21 | | action as is provided
for by Section 34 of this Act.
| 22 | | (f) The Agency shall appear before the Board in any | 23 | | hearing upon a
petition for variance or time-limited water | 24 | | quality standard, the denial of a permit, or the validity or | 25 | | effect
of a rule or regulation of the Board, and shall have the | 26 | | authority to
appear before the Board in any hearing under the |
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| 1 | | Act.
| 2 | | (g) The Agency shall have the duty to administer, in | 3 | | accord with
Title X of this Act, such permit and certification | 4 | | systems as may be
established by this Act or by regulations | 5 | | adopted thereunder.
The Agency may enter into written | 6 | | delegation agreements with any department,
agency, or unit of | 7 | | State or local government under which all or portions
of this | 8 | | duty may be delegated for public water supply storage and | 9 | | transport
systems, sewage collection and transport systems, | 10 | | air pollution control
sources with uncontrolled emissions of | 11 | | 100 tons per year or less and
application of algicides to | 12 | | waters of the State. Such delegation
agreements will require | 13 | | that the work to be performed thereunder will be
in accordance | 14 | | with Agency criteria, subject to Agency review, and shall
| 15 | | include such financial and program auditing by the Agency as | 16 | | 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
this Act, any rule | 22 | | or regulation adopted under this Act, any permit or
term or | 23 | | condition of a permit, or any Board order, as may be necessary | 24 | | for the purposes of
this Act.
| 25 | | (i) The Agency shall have authority to make | 26 | | recommendations to the
Board for the adoption of regulations |
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| 1 | | under Title VII of the Act.
| 2 | | (j) The Agency shall have the duty to represent the State | 3 | | of
Illinois in any and all matters pertaining to plans, | 4 | | procedures, or
negotiations for interstate compacts or other | 5 | | governmental arrangements
relating to environmental | 6 | | protection.
| 7 | | (k) The Agency shall have the authority to accept, | 8 | | receive, and
administer on behalf of the State any grants, | 9 | | gifts, loans, indirect cost
reimbursements, or other funds | 10 | | made available to the State from any source
for purposes of | 11 | | this Act or for air or water pollution control, public water
| 12 | | supply, solid waste disposal, noise abatement, or other | 13 | | environmental
protection activities, surveys, or programs. Any | 14 | | federal funds received by the
Agency pursuant to this | 15 | | subsection shall be deposited in a trust fund with the
State | 16 | | Treasurer and held and disbursed by him in accordance with | 17 | | Treasurer as
Custodian of Funds Act, provided that such monies | 18 | | shall be used only for the
purposes for which they are | 19 | | contributed and any balance remaining shall be
returned to the | 20 | | contributor.
| 21 | | The Agency is authorized to promulgate such regulations | 22 | | and enter
into such contracts as it may deem necessary for | 23 | | carrying out the
provisions of this subsection.
| 24 | | (l) The Agency is hereby designated as water pollution | 25 | | agency for
the state for all purposes of the Federal Water | 26 | | Pollution Control Act, as
amended; as implementing agency for |
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| 1 | | the State for all purposes of the Safe
Drinking Water Act, | 2 | | Public Law 93-523, as now or hereafter amended, except
Section | 3 | | 1425 of that Act; as air pollution agency for the state for all
| 4 | | purposes of the Clean Air Act of 1970, Public Law 91-604, | 5 | | approved December 31,
1970, as amended; and as solid waste | 6 | | agency for the state for all purposes of
the Solid Waste | 7 | | Disposal Act, Public Law 89-272, approved October 20, 1965,
| 8 | | and amended by the Resource Recovery Act of 1970, Public Law | 9 | | 91-512, approved
October 26, 1970, as amended, and amended by | 10 | | the Resource Conservation and
Recovery Act of 1976, (P.L. | 11 | | 94-580) approved October 21, 1976, as amended; as
noise | 12 | | control agency for the state for all purposes of the Noise | 13 | | Control Act of
1972, Public Law 92-574, approved October 27, | 14 | | 1972, as amended; and as
implementing agency for the State for | 15 | | all purposes of the Comprehensive
Environmental Response, | 16 | | Compensation, and Liability Act of 1980 (P.L. 96-510),
as | 17 | | amended; and otherwise as pollution control agency for the | 18 | | State pursuant
to federal laws integrated with the foregoing | 19 | | laws, for financing purposes or
otherwise. The Agency is | 20 | | hereby authorized to take all action necessary or
appropriate | 21 | | to secure to the State the benefits of such federal Acts, | 22 | | provided
that the Agency shall transmit to the United States | 23 | | without change any
standards adopted by the Pollution Control | 24 | | Board pursuant to Section 5(c) of
this Act. This subsection | 25 | | (l) of Section 4 shall not be construed to bar or
prohibit the | 26 | | Environmental Protection Trust Fund Commission from accepting,
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| 1 | | receiving, and administering on behalf of the State any | 2 | | grants, gifts,
loans or other funds for which the Commission | 3 | | is eligible pursuant to the
Environmental Protection Trust | 4 | | Fund Act. The Agency is hereby designated as
the State agency | 5 | | for all purposes of administering the requirements of Section
| 6 | | 313 of the federal Emergency Planning and Community | 7 | | Right-to-Know Act of 1986.
| 8 | | Any municipality, sanitary district, or other political | 9 | | subdivision,
or any Agency of the State or interstate Agency, | 10 | | which makes application
for loans or grants under such federal | 11 | | Acts shall notify the Agency of
such application; the Agency | 12 | | may participate in proceedings under such
federal Acts.
| 13 | | (m) The Agency shall have authority, consistent with | 14 | | Section 5(c)
and other provisions of this Act, and for | 15 | | purposes of Section 303(e) of
the Federal Water Pollution | 16 | | Control Act, as now or hereafter amended,
to engage in | 17 | | planning processes and activities and to develop
plans in | 18 | | cooperation with units of local government, state agencies and
| 19 | | officers, and other appropriate persons in connection with the
| 20 | | jurisdiction or duties of each such unit, agency, officer or | 21 | | person.
Public hearings shall be held on the planning process, | 22 | | at which any
person shall be permitted to appear and be heard, | 23 | | pursuant to procedural
regulations promulgated by the Agency.
| 24 | | (n) In accordance with the powers conferred upon the | 25 | | Agency by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, | 26 | | the Agency shall
have authority to establish and enforce |
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| 1 | | minimum standards for the
operation of laboratories relating | 2 | | to analyses and laboratory tests for
air pollution, water | 3 | | pollution, noise emissions, contaminant discharges
onto land | 4 | | and sanitary, chemical, and mineral quality of water
| 5 | | distributed by a public water supply. The Agency may enter | 6 | | into formal
working agreements with other departments or | 7 | | agencies of state
government under which all or portions of | 8 | | this authority may be
delegated to the cooperating department | 9 | | or agency.
| 10 | | (o) The Agency shall have the authority to issue | 11 | | certificates of
competency to persons and laboratories meeting | 12 | | the minimum standards
established by the Agency in accordance | 13 | | with Section 4(n) of this Act
and to promulgate and enforce | 14 | | regulations relevant to the issuance and
use of such | 15 | | certificates. The Agency may enter into formal working
| 16 | | agreements with other departments or agencies of state | 17 | | government under
which all or portions of this authority may | 18 | | be delegated to the
cooperating department or agency.
| 19 | | (p) Except as provided in Section 17.7, the Agency shall | 20 | | have the
duty to analyze samples as required
from each public | 21 | | water supply to determine compliance with the
contaminant | 22 | | levels specified by the Pollution Control Board. The maximum
| 23 | | number of samples which the Agency shall be required to | 24 | | analyze for
microbiological quality shall be 6 per month, but | 25 | | the Agency may, at its
option, analyze a larger number each | 26 | | month for any supply. Results of
sample analyses for |
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| 1 | | additional required bacteriological testing,
turbidity, | 2 | | residual chlorine and radionuclides are to be provided to the
| 3 | | Agency in accordance with Section 19. Owners of water supplies | 4 | | may enter
into agreements with the Agency to provide for | 5 | | reduced Agency
participation in sample analyses.
| 6 | | (q) The Agency shall have the authority to provide notice | 7 | | to any
person who may be liable pursuant to Section 22.2(f) of | 8 | | this Act for a
release or a substantial threat of a release of | 9 | | a hazardous substance or
pesticide. Such notice shall include | 10 | | the identified response action and an
opportunity for such | 11 | | person to perform the response action.
| 12 | | (r) The Agency may enter into written delegation | 13 | | agreements with any
unit of local government under which it | 14 | | may delegate all or portions of its
inspecting, investigating | 15 | | and enforcement functions. Such delegation
agreements shall | 16 | | require that work performed thereunder be in accordance
with | 17 | | Agency criteria and subject to Agency review.
Notwithstanding | 18 | | any other provision of law to the contrary, no unit of
local | 19 | | government shall be liable for any injury resulting from the | 20 | | exercise
of its authority pursuant to such a delegation | 21 | | agreement unless the injury
is proximately caused by the | 22 | | willful and wanton negligence of an agent or
employee of the | 23 | | unit of local government, and any policy of insurance
coverage | 24 | | issued to a unit of local government may provide for the denial | 25 | | of
liability and the nonpayment of claims based upon injuries | 26 | | for which the unit
of local government is not liable pursuant |
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| 1 | | to this subsection (r).
| 2 | | (s) The Agency shall have authority to take whatever | 3 | | preventive or
corrective action is necessary or appropriate, | 4 | | including but not limited to
expenditure of monies | 5 | | appropriated from the Build Illinois Bond Fund and
the Build | 6 | | Illinois Purposes Fund for removal or remedial action, | 7 | | whenever
any hazardous substance or pesticide is released or
| 8 | | there is a substantial threat of such a release into the | 9 | | environment. The
State, the Director, and any State employee | 10 | | shall be indemnified for any
damages or injury arising out of | 11 | | or resulting from any action taken under
this subsection. The | 12 | | Director of the Agency is authorized to enter into
such | 13 | | contracts and agreements as are necessary
to carry out the | 14 | | Agency's duties under this subsection.
| 15 | | (t) The Agency shall have authority to distribute grants, | 16 | | subject to
appropriation by the General Assembly, to units of | 17 | | local government for financing and construction of
wastewater | 18 | | facilities in both incorporated and unincorporated areas. With | 19 | | respect to all monies appropriated
from the Build Illinois | 20 | | Bond Fund and the Build Illinois Purposes
Fund for wastewater | 21 | | facility grants, the Agency shall make
distributions in | 22 | | conformity with the rules and regulations established
pursuant | 23 | | to the Anti-Pollution Bond Act, as now or hereafter amended.
| 24 | | (u) Pursuant to the Illinois Administrative Procedure Act, | 25 | | the
Agency shall have the authority to adopt such rules as are | 26 | | necessary or
appropriate for the Agency to implement Section |
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| 1 | | 31.1 of this Act.
| 2 | | (v) (Blank.)
| 3 | | (w) Neither the State, nor the Director, nor the Board, | 4 | | nor any State
employee shall be liable for any damages or | 5 | | injury arising out of or
resulting from any action taken under | 6 | | subsection (s).
| 7 | | (x)(1) The Agency shall have authority to distribute | 8 | | grants, subject to
appropriation by the General Assembly, to | 9 | | units of local government for
financing and construction of | 10 | | public water supply facilities. With respect
to all monies | 11 | | appropriated from the Build Illinois Bond Fund or the Build
| 12 | | Illinois Purposes Fund for public water supply grants, such | 13 | | grants shall be
made in accordance with rules promulgated by | 14 | | the Agency.
Such rules shall include a requirement for a local | 15 | | match of 30% of the
total project cost for projects funded | 16 | | through such grants.
| 17 | | (2) The Agency shall not terminate a grant to a unit of | 18 | | local government
for the financing and construction of public | 19 | | water supply facilities unless
and until the Agency adopts | 20 | | rules that set forth precise and complete
standards, pursuant | 21 | | to Section 5-20 of the Illinois Administrative
Procedure Act, | 22 | | for the termination of such grants. The Agency shall not
make | 23 | | determinations on whether specific grant conditions are | 24 | | necessary to
ensure the integrity of a project or on whether | 25 | | subagreements shall be
awarded, with respect to grants for the | 26 | | financing and construction of
public water supply facilities, |
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| 1 | | unless and until the Agency adopts rules
that set forth | 2 | | precise and complete standards, pursuant to Section 5-20
of | 3 | | the Illinois Administrative Procedure Act, for making such
| 4 | | determinations. The Agency shall not issue a stop-work order | 5 | | in relation to
such grants unless and until the Agency adopts | 6 | | precise and complete standards,
pursuant to Section 5-20 of | 7 | | the Illinois Administrative Procedure Act, for
determining | 8 | | whether to issue a stop-work order.
| 9 | | (y) The Agency shall have authority to release any person | 10 | | from further
responsibility for preventive or corrective | 11 | | action under this Act following
successful completion of | 12 | | preventive or corrective action undertaken by such
person upon | 13 | | written request by the person.
| 14 | | (z) To the extent permitted by any applicable federal law | 15 | | or regulation, for all work performed for State construction | 16 | | projects which are funded in whole or in part by a capital | 17 | | infrastructure bill enacted by the 96th General Assembly by | 18 | | sums appropriated to the Environmental Protection Agency, at | 19 | | least 50% of the total labor hours must be performed by actual | 20 | | residents of the State of Illinois. For purposes of this | 21 | | subsection, "actual residents of the State of Illinois" means | 22 | | persons domiciled in the State of Illinois. The Department of | 23 | | Labor shall promulgate rules providing for the enforcement of | 24 | | this subsection. | 25 | | (aa) The Agency may adopt rules requiring the electronic | 26 | | submission of any information required to be submitted to the |
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| 1 | | Agency pursuant to any State or federal law or regulation or | 2 | | any court or Board order. Any rules adopted under this | 3 | | subsection (aa) must include, but are not limited to, | 4 | | identification of the information to be submitted | 5 | | electronically. | 6 | | (Source: P.A. 99-937, eff. 2-24-17; 100-1179, eff. 1-18-19.)
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