[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB1049
415 ILCS 5/4 from Ch. 111 1/2, par. 1004
Amends the Environmental Protection Act to make technical
changes.
LRB9003506DPcc
LRB9003506DPcc
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 by
6 changing Section 4 as follows:
7 (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
8 Sec. 4. Illinois Environmental Protection Agency;
9 establishment; duties.
10 (a) There is established in the Executive Branch of the
11 State Government an agency to be known as the Illinois
12 Environmental Protection Agency. This Agency shall be under
13 the supervision and direction of a Director who shall be
14 appointed by the Governor with the advice and consent of the
15 Senate. The term of office of the Director shall expire on
16 the third Monday of January in odd numbered years provided
17 that he shall hold his office until his successor is
18 appointed and qualified. The Director shall receive an annual
19 salary of $38,500 from the third Monday in January, 1979 to
20 the third Monday in January, 1980; $40,800 from the third
21 Monday in January, 1980 to the third Monday in January, 1981,
22 and $43,000 thereafter, or as set by the Compensation Review
23 Board, whichever is greater. The Director, in accord with the
24 Personnel Code, shall employ and direct such personnel, and
25 shall provide for such laboratory and other facilities, as
26 may be necessary to carry out the purposes of this Act. In
27 addition, the Director may by agreement secure such services
28 as he may deem necessary from any other department, agency,
29 or unit of the State Government, and may employ and
30 compensate such consultants and technical assistants as may
31 be required.
-2- LRB9003506DPcc
1 (b) The Agency shall have the duty to collect and
2 disseminate such information, acquire such technical data,
3 and conduct such experiments as may be required to carry out
4 the purposes of this Act, including ascertainment of the
5 quantity and nature of discharges from any contaminant source
6 and data on those sources, and to operate and arrange for the
7 operation of devices for the monitoring of environmental
8 quality.
9 (c) The Agency shall have authority to conduct a program
10 of continuing surveillance and of regular or periodic
11 inspection of actual or potential contaminant or noise
12 sources, of public water supplies, and of refuse disposal
13 sites.
14 (d) In accordance with constitutional limitations, the
15 Agency shall have authority to enter at all reasonable times
16 upon any private or public property for the purpose of:
17 (1) Inspecting and investigating to ascertain possible
18 violations of the Act or of regulations thereunder, or of
19 permits or terms or conditions thereof; or
20 (2) In accordance with the provisions of this Act,
21 taking whatever preventive or corrective action, including
22 but not limited to removal or remedial action, that is
23 necessary or appropriate whenever there is a release or a
24 substantial threat of a release of (A) a hazardous substance
25 or pesticide or (B) petroleum from an underground storage
26 tank.
27 (e) The Agency shall have the duty to investigate
28 violations of this Act or of regulations adopted thereunder,
29 or of permits or terms or conditions thereof, to issue
30 administrative citations as provided in Section 31.1 of this
31 Act, and to take such summary enforcement action as is
32 provided for by Section 34 of this Act.
33 (f) The Agency shall appear before the Board in any
34 hearing upon a petition for variance, the denial of a permit,
-3- LRB9003506DPcc
1 or the validity or effect of a rule or regulation of the
2 Board, and shall have the authority to appear before the
3 Board in any hearing under the Act.
4 (g) The Agency shall have the duty to administer, in
5 accord with Title X of this Act, such permit and
6 certification systems as may be established by this Act or by
7 regulations adopted thereunder. The Agency may enter into
8 written delegation agreements with any department, agency, or
9 unit of State or local government under which all or portions
10 of this duty may be delegated for public water supply storage
11 and transport systems, sewage collection and transport
12 systems, air pollution control sources with uncontrolled
13 emissions of 100 tons per year or less and application of
14 algicides to waters of the State. Such delegation agreements
15 will require that the work to be performed thereunder will be
16 in accordance with Agency criteria, subject to Agency review,
17 and shall include such financial and program auditing by the
18 Agency as may be required.
19 (h) The Agency shall have authority to require the
20 submission of complete plans and specifications from any
21 applicant for a permit required by this Act or by regulations
22 thereunder, and to require the submission of such reports
23 regarding actual or potential violations of the Act or of
24 regulations thereunder, or of permits or terms or conditions
25 thereof, as may be necessary for purposes of this Act.
26 (i) The Agency shall have authority to make
27 recommendations to the Board for the adoption of regulations
28 under Title VII of the Act.
29 (j) The Agency shall have the duty to represent the
30 State of Illinois in any and all matters pertaining to plans,
31 procedures, or negotiations for interstate compacts or other
32 governmental arrangements relating to environmental
33 protection.
34 (k) The Agency shall have the authority to accept,
-4- LRB9003506DPcc
1 receive, and administer on behalf of the State any grants,
2 gifts, loans, indirect cost reimbursements, or other funds
3 made available to the State from any source for purposes of
4 this Act or for air or water pollution control, public water
5 supply, solid waste disposal, noise abatement, or other
6 environmental protection activities, surveys, or programs.
7 Any federal funds received by the Agency pursuant to this
8 subsection shall be deposited in a trust fund with the State
9 Treasurer and held and disbursed by him in accordance with
10 Treasurer as Custodian of Funds Act, provided that such
11 monies shall be used only for the purposes for which they are
12 contributed and any balance remaining shall be returned to
13 the contributor.
14 The Agency is authorized to promulgate such regulations
15 and enter into such contracts as it may deem necessary for
16 carrying out the provisions of this subsection.
17 (l) The Agency is hereby designated as water pollution
18 agency for the state for all purposes of the Federal Water
19 Pollution Control Act, as amended; as implementing agency for
20 the State for all purposes of the Safe Drinking Water Act,
21 Public Law 93-523, as now or hereafter amended, except
22 Section 1425 of that Act; as air pollution agency for the
23 state for all purposes of the Clean Air Act of 1970, Public
24 Law 91-604, approved December 31, 1970, as amended; and as
25 solid waste agency for the state for all purposes of the
26 Solid Waste Disposal Act, Public Law 89-272, approved October
27 20, 1965, and amended by the Resource Recovery Act of 1970,
28 Public Law 91-512, approved October 26, 1970, as amended, and
29 amended by the Resource Conservation and Recovery Act of
30 1976, (P.L. 94-580) approved October 21, 1976, as amended; as
31 noise control agency for the state for all purposes of the
32 Noise Control Act of 1972, Public Law 92-574, approved
33 October 27, 1972, as amended; and as implementing agency for
34 the State for all purposes of the Comprehensive Environmental
-5- LRB9003506DPcc
1 Response, Compensation, and Liability Act of 1980 (P.L.
2 96-510), as amended; and otherwise as pollution control
3 agency for the State pursuant to federal laws integrated with
4 the foregoing laws, for financing purposes or otherwise. The
5 Agency is hereby authorized to take all action necessary or
6 appropriate to secure to the State the benefits of such
7 federal Acts, provided that the Agency shall transmit to the
8 United States without change any standards adopted by the
9 Pollution Control Board pursuant to Section 5(c) of this Act.
10 This subsection (l) of Section 4 shall not be construed to
11 bar or prohibit the Environmental Protection Trust Fund
12 Commission from accepting, receiving, and administering on
13 behalf of the State any grants, gifts, loans or other funds
14 for which the Commission is eligible pursuant to the
15 Environmental Protection Trust Fund Act. The Agency is hereby
16 designated as the State agency for all purposes of
17 administering the requirements of Section 313 of the federal
18 Emergency Planning and Community Right-to-Know Act of 1986.
19 Any municipality, sanitary district, or other political
20 subdivision, or any Agency of the State or interstate Agency,
21 which makes application for loans or grants under such
22 federal Acts shall notify the Agency of such application; the
23 Agency may participate in proceedings under such federal
24 Acts.
25 (m) The Agency shall have authority, consistent with
26 Section 5(c) and other provisions of this Act, and for
27 purposes of Section 303(e) of the Federal Water Pollution
28 Control Act, as now or hereafter amended, to engage in
29 planning processes and activities and to develop plans in
30 cooperation with units of local government, state agencies
31 and officers, and other appropriate persons in connection
32 with the jurisdiction or duties of each such unit, agency,
33 officer or person. Public hearings shall be held on the
34 planning process, at which any person shall be permitted to
-6- LRB9003506DPcc
1 appear and be heard, pursuant to procedural regulations
2 promulgated by the Agency.
3 (n) In accordance with the powers conferred upon the
4 Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this
5 Act, the Agency shall have authority to establish and enforce
6 minimum standards for the operation of laboratories relating
7 to 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
11 into formal working agreements with other departments or
12 agencies of state government under which all or portions of
13 this authority may be delegated to the cooperating department
14 or agency.
15 (o) The Agency shall have the authority to issue
16 certificates of competency to persons and laboratories
17 meeting the minimum standards established by the Agency in
18 accordance with Section 4(n) of this Act and to promulgate
19 and enforce regulations relevant to the issuance and use of
20 such certificates. The Agency may enter into formal working
21 agreements with other departments or agencies of state
22 government under which all or portions of this authority may
23 be delegated to the cooperating department or agency.
24 (p) Except as provided in Section 17.7, the Agency shall
25 have the duty to analyze samples as required from each public
26 water supply to determine compliance with the contaminant
27 levels specified by the Pollution Control Board. The maximum
28 number of samples which the Agency shall be required to
29 analyze for microbiological quality shall be 6 per month, but
30 the Agency may, at its option, analyze a larger number each
31 month for any supply. Results of sample analyses for
32 additional required bacteriological testing, turbidity,
33 residual chlorine and radionuclides are to be provided to the
34 Agency in accordance with Section 19. Owners of water
-7- LRB9003506DPcc
1 supplies may enter into agreements with the Agency to provide
2 for reduced Agency participation in sample analyses.
3 (q) The Agency shall have the authority to provide
4 notice to any person who may be liable pursuant to Section
5 22.2(f) of this Act for a release or a substantial threat of
6 a release of a hazardous substance or pesticide. Such notice
7 shall include the identified response action and an
8 opportunity for such person to perform the response action.
9 (r) The Agency may enter into written delegation
10 agreements with any unit of local government under which it
11 may delegate all or portions of its inspecting, investigating
12 and enforcement functions. Such delegation agreements shall
13 require that work performed thereunder be in accordance with
14 Agency criteria and subject to Agency review. Notwithstanding
15 any other provision of law to the contrary, no unit of local
16 government shall be liable for any injury resulting from the
17 exercise of its authority pursuant to such a delegation
18 agreement unless the injury is proximately caused by the
19 willful and wanton negligence of an agent or employee of the
20 unit of local government, and any policy of insurance
21 coverage issued to a unit of local government may provide for
22 the denial of liability and the nonpayment of claims based
23 upon injuries for which the unit of local government is not
24 liable pursuant to this subsection (r).
25 (s) The Agency shall have authority to take whatever
26 preventive or corrective action is necessary or appropriate,
27 including but not limited to expenditure of monies
28 appropriated from the Build Illinois Bond Fund and the Build
29 Illinois Purposes Fund for removal or remedial action,
30 whenever any hazardous substance or pesticide is released or
31 there is a substantial threat of such a release into the
32 environment. The State, the Director, and any State employee
33 shall be indemnified for any damages or injury arising out of
34 or resulting from any action taken under this subsection.
-8- LRB9003506DPcc
1 The Director of the Agency is authorized to enter into such
2 contracts and agreements as are necessary to carry out the
3 Agency's duties under this subsection.
4 (t) The Agency shall have authority to distribute
5 grants, subject to appropriation by the General Assembly, for
6 financing and construction of municipal wastewater
7 facilities. With respect to all monies appropriated from the
8 Build Illinois Bond Fund and the Build Illinois Purposes Fund
9 for wastewater facility grants, the Agency shall make
10 distributions in conformity with the rules and regulations
11 established pursuant to the Anti-Pollution Bond Act, as now
12 or hereafter amended.
13 (u) Pursuant to the Illinois Administrative Procedure
14 Act, the Agency shall have the authority to adopt such rules
15 as are necessary or appropriate for the Agency to implement
16 Section 31.1 of this Act.
17 (v) (Blank)
18 (w) Neither the State, nor the Director, nor the Board,
19 nor any State employee shall be liable for any damages or
20 injury arising out of or resulting from any action taken
21 under subsection (s) or subsection (v).
22 (x)(1) The Agency shall have authority to distribute
23 grants, subject to appropriation by the General Assembly, to
24 units of local government for financing and construction of
25 public water supply facilities. With respect to all monies
26 appropriated from the Build Illinois Bond Fund or the Build
27 Illinois Purposes Fund for public water supply grants, such
28 grants shall be made in accordance with rules promulgated by
29 the Agency. Such rules shall include a requirement for a
30 local match of 30% of the total project cost for projects
31 funded through such grants.
32 (2) The Agency shall not terminate a grant to a unit of
33 local government for the financing and construction of public
34 water supply facilities unless and until the Agency adopts
-9- LRB9003506DPcc
1 rules that set forth precise and complete standards, pursuant
2 to Section 5-20 of the Illinois Administrative Procedure Act,
3 for the termination of such grants. The Agency shall not
4 make determinations on whether specific grant conditions are
5 necessary to ensure the integrity of a project or on whether
6 subagreements shall be awarded, with respect to grants for
7 the financing and construction of public water supply
8 facilities, unless and until the Agency adopts rules that set
9 forth precise and complete standards, pursuant to Section
10 5-20 of the Illinois Administrative Procedure Act, for making
11 such determinations. The Agency shall not issue a stop-work
12 order in relation to such grants unless and until the Agency
13 adopts precise and complete standards, pursuant to Section
14 5-20 of the Illinois Administrative Procedure Act, for
15 determining whether to issue a stop-work order.
16 (y) The Agency shall have authority to release any
17 person from further responsibility for preventive or
18 corrective action under this Act following successful
19 completion of preventive or corrective action undertaken by
20 such person upon written request by the person.
21 (Source: P.A. 88-45; 88-496; 88-690, eff. 1-24-95.)