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| Public Act 098-0072 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by | ||||
changing Section 4 as follows:
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(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
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Sec. 4. Environmental Protection Agency; establishment; | ||||
duties.
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(a) There is established in the Executive Branch of the | ||||
State Government an
agency to be known as the Environmental | ||||
Protection Agency. This Agency shall
be under the supervision | ||||
and direction of a Director who shall be appointed by
the | ||||
Governor with the advice and consent of the Senate. The term of | ||||
office
of the Director shall expire on the third Monday of | ||||
January in odd numbered
years, provided that he or she shall | ||||
hold office until a successor is appointed
and has qualified. | ||||
The Director shall
receive an annual salary as set by
the | ||||
Compensation Review Board. The Director, in accord with the | ||||
Personnel Code, shall employ and
direct such personnel, and | ||||
shall provide for such laboratory and other
facilities, as may | ||||
be necessary to carry out the purposes of this Act. In
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addition, the Director may by agreement secure such services as | ||||
he or she
may deem necessary from any other department, agency, | ||||
or unit of the State
Government, and may employ and compensate | ||
such consultants and technical
assistants as may be required.
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(b) The Agency shall have the duty to collect and | ||
disseminate such
information, acquire such technical data, and | ||
conduct such experiments
as may be required to carry out the | ||
purposes of this Act, including
ascertainment of the quantity | ||
and nature of discharges from any
contaminant source and data | ||
on those sources, and to operate and arrange
for the operation | ||
of devices for the monitoring of environmental quality.
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(c) The Agency shall have authority to conduct a program of
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continuing surveillance and of regular or periodic inspection | ||
of actual
or potential contaminant or noise sources, of public | ||
water supplies, and
of refuse disposal sites.
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(d) In accordance with constitutional limitations,
the | ||
Agency shall have authority to enter at all reasonable times
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upon any private or public property for the purpose of:
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(1) Inspecting and investigating to ascertain possible | ||
violations of
this Act, any rule or regulation adopted | ||
under this Act, any permit or
term or condition of a | ||
permit, or any Board order; or
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(2) In accordance with the provisions of this Act, | ||
taking whatever
preventive or corrective action, including | ||
but not limited to removal or
remedial action, that is | ||
necessary or appropriate whenever there is a
release or a | ||
substantial threat of a release of (A) a hazardous
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substance or pesticide or (B) petroleum from an underground | ||
storage tank.
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(e) The Agency shall have the duty to investigate | ||
violations of this
Act, any rule or regulation adopted under | ||
this Act, any permit or
term or condition of a permit, or any | ||
Board order;
to issue administrative citations as provided in | ||
Section 31.1 of this
Act; and to take such summary enforcement | ||
action as is provided
for by Section 34 of this Act.
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(f) The Agency shall appear before the Board in any hearing | ||
upon a
petition for variance, the denial of a permit, or the | ||
validity or effect
of a rule or regulation of the Board, and | ||
shall have the authority to
appear before the Board in any | ||
hearing under the Act.
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(g) The Agency shall have the duty to administer, in accord | ||
with
Title X of this Act, such permit and certification systems | ||
as may be
established by this Act or by regulations adopted | ||
thereunder.
The Agency may enter into written delegation | ||
agreements with any department,
agency, or unit of State or | ||
local government under which all or portions
of this duty may | ||
be delegated for public water supply storage and transport
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systems, sewage collection and transport systems, air | ||
pollution control
sources with uncontrolled emissions of 100 | ||
tons per year or less and
application of algicides to waters of | ||
the State. Such delegation
agreements will require that the | ||
work to be performed thereunder will be
in accordance with | ||
Agency criteria, subject to Agency review, and shall
include | ||
such financial and program auditing by the Agency as may be | ||
required.
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(h) The Agency shall have authority to require the | ||
submission of
complete plans and specifications from any | ||
applicant for a permit
required by this Act or by regulations | ||
thereunder, and to require the
submission of such reports | ||
regarding actual or potential violations of
this Act, any rule | ||
or regulation adopted under this Act, any permit or
term or | ||
condition of a permit, or any Board order, as may be necessary | ||
for the purposes of
this Act.
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(i) The Agency shall have authority to make recommendations | ||
to the
Board for the adoption of regulations under Title VII of | ||
the Act.
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(j) The Agency shall have the duty to represent the State | ||
of
Illinois in any and all matters pertaining to plans, | ||
procedures, or
negotiations for interstate compacts or other | ||
governmental arrangements
relating to environmental | ||
protection.
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(k) The Agency shall have the authority to accept, receive, | ||
and
administer on behalf of the State any grants, gifts, loans, | ||
indirect cost
reimbursements, or other funds made available to | ||
the State from any source
for purposes of this Act or for air | ||
or water pollution control, public water
supply, solid waste | ||
disposal, noise abatement, or other environmental
protection | ||
activities, surveys, or programs. Any federal funds received by | ||
the
Agency pursuant to this subsection shall be deposited in a | ||
trust fund with the
State Treasurer and held and disbursed by | ||
him in accordance with Treasurer as
Custodian of Funds Act, | ||
provided that such monies shall be used only for the
purposes | ||
for which they are contributed and any balance remaining shall | ||
be
returned to the contributor.
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The Agency is authorized to promulgate such regulations and | ||
enter
into such contracts as it may deem necessary for carrying | ||
out the
provisions of this subsection.
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(l) The Agency is hereby designated as water pollution | ||
agency for
the state for all purposes of the Federal Water | ||
Pollution Control Act, as
amended; as implementing agency for | ||
the State for all purposes of the Safe
Drinking Water Act, | ||
Public Law 93-523, as now or hereafter amended, except
Section | ||
1425 of that Act; as air pollution agency for the state for all
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purposes of the Clean Air Act of 1970, Public Law 91-604, | ||
approved December 31,
1970, as amended; and as solid waste | ||
agency for the state for all purposes of
the Solid Waste | ||
Disposal Act, Public Law 89-272, approved October 20, 1965,
and | ||
amended by the Resource Recovery Act of 1970, Public Law | ||
91-512, approved
October 26, 1970, as amended, and amended by | ||
the Resource Conservation and
Recovery Act of 1976, (P.L. | ||
94-580) approved October 21, 1976, as amended; as
noise control | ||
agency for the state for all purposes of the Noise Control Act | ||
of
1972, Public Law 92-574, approved October 27, 1972, as | ||
amended; and as
implementing agency for the State for all | ||
purposes of the Comprehensive
Environmental Response, | ||
Compensation, and Liability Act of 1980 (P.L. 96-510),
as | ||
amended; and otherwise as pollution control agency for the | ||
State pursuant
to federal laws integrated with the foregoing | ||
laws, for financing purposes or
otherwise. The Agency is hereby | ||
authorized to take all action necessary or
appropriate to | ||
secure to the State the benefits of such federal Acts, provided
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that the Agency shall transmit to the United States without | ||
change any
standards adopted by the Pollution Control Board | ||
pursuant to Section 5(c) of
this Act. This subsection (l) of | ||
Section 4 shall not be construed to bar or
prohibit the | ||
Environmental Protection Trust Fund Commission from accepting,
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receiving, and administering on behalf of the State any grants, | ||
gifts,
loans or other funds for which the Commission is | ||
eligible pursuant to the
Environmental Protection Trust Fund | ||
Act. The Agency is hereby designated as
the State agency for | ||
all purposes of administering the requirements of Section
313 | ||
of the federal Emergency Planning and Community Right-to-Know | ||
Act of 1986.
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Any municipality, sanitary district, or other political | ||
subdivision,
or any Agency of the State or interstate Agency, | ||
which makes application
for loans or grants under such federal | ||
Acts shall notify the Agency of
such application; the Agency | ||
may participate in proceedings under such
federal Acts.
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(m) The Agency shall have authority, consistent with | ||
Section 5(c)
and other provisions of this Act, and for purposes | ||
of Section 303(e) of
the Federal Water Pollution Control Act, | ||
as now or hereafter amended,
to engage in planning processes | ||
and activities and to develop
plans in cooperation with units | ||
of local government, state agencies and
officers, and other | ||
appropriate persons in connection with the
jurisdiction or | ||
duties of each such unit, agency, officer or person.
Public | ||
hearings shall be held on the planning process, at which any
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person shall be permitted to appear and be heard, pursuant to | ||
procedural
regulations promulgated by the Agency.
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(n) In accordance with the powers conferred upon the Agency | ||
by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the | ||
Agency shall
have authority to establish and enforce minimum | ||
standards for the
operation of laboratories relating to | ||
analyses and laboratory tests for
air pollution, water | ||
pollution, noise emissions, contaminant discharges
onto land | ||
and sanitary, chemical, and mineral quality of water
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distributed by a public water supply. The Agency may enter into | ||
formal
working agreements with other departments or agencies of | ||
state
government under which all or portions of this authority | ||
may be
delegated to the cooperating department or agency.
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(o) The Agency shall have the authority to issue | ||
certificates of
competency to persons and laboratories meeting | ||
the minimum standards
established by the Agency in accordance | ||
with Section 4(n) of this Act
and to promulgate and enforce | ||
regulations relevant to the issuance and
use of such | ||
certificates. The Agency may enter into formal working
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agreements with other departments or agencies of state | ||
government under
which all or portions of this authority may be | ||
delegated to the
cooperating department or agency.
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(p) Except as provided in Section 17.7, the Agency shall | ||
have the
duty to analyze samples as required
from each public | ||
water supply to determine compliance with the
contaminant | ||
levels specified by the Pollution Control Board. The maximum
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number of samples which the Agency shall be required to analyze | ||
for
microbiological quality shall be 6 per month, but the | ||
Agency may, at its
option, analyze a larger number each month | ||
for any supply. Results of
sample analyses for additional | ||
required bacteriological testing,
turbidity, residual chlorine | ||
and radionuclides are to be provided to the
Agency in | ||
accordance with Section 19. Owners of water supplies may enter
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into agreements with the Agency to provide for reduced Agency
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participation in sample analyses.
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(q) The Agency shall have the authority to provide notice | ||
to any
person who may be liable pursuant to Section 22.2(f) of | ||
this Act for a
release or a substantial threat of a release of | ||
a hazardous substance or
pesticide. Such notice shall include | ||
the identified response action and an
opportunity for such | ||
person to perform the response action.
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(r) The Agency may enter into written delegation agreements | ||
with any
unit of local government under which it may delegate | ||
all or portions of its
inspecting, investigating and | ||
enforcement functions. Such delegation
agreements shall | ||
require that work performed thereunder be in accordance
with | ||
Agency criteria and subject to Agency review.
Notwithstanding | ||
any other provision of law to the contrary, no unit of
local | ||
government shall be liable for any injury resulting from the | ||
exercise
of its authority pursuant to such a delegation | ||
agreement unless the injury
is proximately caused by the | ||
willful and wanton negligence of an agent or
employee of the | ||
unit of local government, and any policy of insurance
coverage | ||
issued to a unit of local government may provide for the denial | ||
of
liability and the nonpayment of claims based upon injuries | ||
for which the unit
of local government is not liable pursuant | ||
to this subsection (r).
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(s) The Agency shall have authority to take whatever | ||
preventive or
corrective action is necessary or appropriate, | ||
including but not limited to
expenditure of monies appropriated | ||
from the Build Illinois Bond Fund and
the Build Illinois | ||
Purposes Fund for removal or remedial action, whenever
any | ||
hazardous substance or pesticide is released or
there is a | ||
substantial threat of such a release into the environment. The
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State, the Director, and any State employee shall be | ||
indemnified for any
damages or injury arising out of or | ||
resulting from any action taken under
this subsection. The | ||
Director of the Agency is authorized to enter into
such | ||
contracts and agreements as are necessary
to carry out the | ||
Agency's duties under this subsection.
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(t) The Agency shall have authority to distribute grants, | ||
subject to
appropriation by the General Assembly, to units of | ||
local government for financing and construction of
wastewater | ||
facilities in both incorporated and unincorporated areas. With | ||
respect to all monies appropriated
from the Build Illinois Bond | ||
Fund and the Build Illinois Purposes
Fund for wastewater | ||
facility grants, the Agency shall make
distributions in | ||
conformity with the rules and regulations established
pursuant | ||
to the Anti-Pollution Bond Act, as now or hereafter amended.
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(u) Pursuant to the Illinois Administrative Procedure Act, | ||
the
Agency shall have the authority to adopt such rules as are | ||
necessary or
appropriate for the Agency to implement Section | ||
31.1 of this Act.
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(v) (Blank.)
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(w) Neither the State, nor the Director, nor the Board, nor | ||
any State
employee shall be liable for any damages or injury | ||
arising out of or
resulting from any action taken under | ||
subsection (s).
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(x)(1) The Agency shall have authority to distribute | ||
grants, subject to
appropriation by the General Assembly, | ||
to units of local government for
financing and construction | ||
of public water supply facilities. With respect
to all | ||
monies appropriated from the Build Illinois Bond Fund or | ||
the Build
Illinois Purposes Fund for public water supply | ||
grants, such grants shall be
made in accordance with rules | ||
promulgated by the Agency.
Such rules shall include a | ||
requirement for a local match of 30% of the
total project | ||
cost for projects funded through such grants.
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(2) The Agency shall not terminate a grant to a unit of | ||
local government
for the financing and construction of | ||
public water supply facilities unless
and until the Agency | ||
adopts rules that set forth precise and complete
standards, | ||
pursuant to Section 5-20 of the Illinois Administrative
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Procedure Act, for the termination of such grants. The | ||
Agency shall not
make determinations on whether specific | ||
grant conditions are necessary to
ensure the integrity of a | ||
project or on whether subagreements shall be
awarded, with | ||
respect to grants for the financing and construction of
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public water supply facilities, unless and until the Agency | ||
adopts rules
that set forth precise and complete standards, | ||
pursuant to Section 5-20
of the Illinois Administrative | ||
Procedure Act, for making such
determinations. The Agency | ||
shall not issue a stop-work order in relation to
such | ||
grants unless and until the Agency adopts precise and | ||
complete standards,
pursuant to Section 5-20 of the | ||
Illinois Administrative Procedure Act, for
determining | ||
whether to issue a stop-work order.
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(y) The Agency shall have authority to release any person | ||
from further
responsibility for preventive or corrective | ||
action under this Act following
successful completion of | ||
preventive or corrective action undertaken by such
person upon | ||
written request by the person.
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(z) To the extent permitted by any applicable federal law | ||
or regulation, for all work performed for State construction | ||
projects which are funded in whole or in part by a capital | ||
infrastructure bill enacted by the 96th General Assembly by | ||
sums appropriated to the Environmental Protection Agency, at | ||
least 50% of the total labor hours must be performed by actual | ||
residents of the State of Illinois. For purposes of this | ||
subsection, "actual residents of the State of Illinois" means | ||
persons domiciled in the State of Illinois. The Department of | ||
Labor shall promulgate rules providing for the enforcement of | ||
this subsection. | ||
(aa) The Agency may adopt rules requiring the electronic | ||
submission of any information required to be submitted to the | ||
Agency pursuant to any State or federal law or regulation or | ||
any court or Board order. Any rules adopted under this | ||
subsection (aa) must include, but are not limited to, | ||
identification of the information to be submitted | ||
electronically. | ||
(Source: P.A. 96-37, eff. 7-13-09; 96-503, eff. 8-14-09; | ||
96-800, eff. 10-30-09; 96-1000, eff. 7-2-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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