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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | |||||||||||||||||||
5 | changing Section 4 as follows:
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6 | (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
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7 | Sec. 4. Environmental Protection Agency; establishment; | |||||||||||||||||||
8 | duties.
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9 | (a) There is established in the
the Executive Branch of the | |||||||||||||||||||
10 | State Government an
agency to be known as the Environmental | |||||||||||||||||||
11 | Protection Agency. This Agency shall
be under the supervision | |||||||||||||||||||
12 | and direction of a Director who shall be appointed by
the | |||||||||||||||||||
13 | Governor with the advice and consent of the Senate. The term of | |||||||||||||||||||
14 | office
of the Director shall expire on the third Monday of | |||||||||||||||||||
15 | January in odd numbered
years, provided that he or she shall | |||||||||||||||||||
16 | hold office until a successor is appointed
and has qualified. | |||||||||||||||||||
17 | The Director shall
receive an annual salary as set by the | |||||||||||||||||||
18 | Governor from time to time or as set by
the Compensation Review | |||||||||||||||||||
19 | Board, whichever is greater. If set by the Governor,
the | |||||||||||||||||||
20 | Director's annual salary may not exceed 85% of the Governor's | |||||||||||||||||||
21 | annual
salary. The Director, in accord with the Personnel Code, | |||||||||||||||||||
22 | shall employ and
direct such personnel, and shall provide for | |||||||||||||||||||
23 | such laboratory and other
facilities, as may be necessary to |
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1 | carry out the purposes of this Act. In
addition, the Director | ||||||
2 | may by agreement secure such services as he or she
may deem | ||||||
3 | necessary from any other department, agency, or unit of the | ||||||
4 | State
Government, and may employ and compensate such | ||||||
5 | consultants and technical
assistants as may be required. | ||||||
6 | (b) The Agency shall have the duty to collect and | ||||||
7 | disseminate such
information, acquire such technical data, and | ||||||
8 | conduct such experiments
as may be required to carry out the | ||||||
9 | purposes of this Act, including
ascertainment of the quantity | ||||||
10 | and nature of discharges from any
contaminant source and data | ||||||
11 | on those sources, and to operate and arrange
for the operation | ||||||
12 | of devices for the monitoring of environmental quality.
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13 | (c) The Agency shall have authority to conduct a program of
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14 | continuing surveillance and of regular or periodic inspection | ||||||
15 | of actual
or potential contaminant or noise sources, of public | ||||||
16 | water supplies, and
of refuse disposal sites.
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17 | (d) In accordance with constitutional limitations,
the | ||||||
18 | Agency shall have authority to enter at all reasonable times
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19 | upon any private or public property for the purpose of:
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20 | (1) Inspecting and investigating to ascertain possible | ||||||
21 | violations of
this Act, any rule or regulation adopted | ||||||
22 | under this Act, any permit or
term or condition of a | ||||||
23 | permit, or any Board order; or
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24 | (2) In accordance with the provisions of this Act, | ||||||
25 | taking whatever
preventive or corrective action, including | ||||||
26 | but not limited to removal or
remedial action, that is |
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1 | necessary or appropriate whenever there is a
release or a | ||||||
2 | substantial threat of a release of (A) a hazardous
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3 | substance or pesticide or (B) petroleum from an underground | ||||||
4 | storage tank.
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5 | (e) The Agency shall have the duty to investigate | ||||||
6 | violations of this
Act, any rule or regulation adopted under | ||||||
7 | this Act, any permit or
term or condition of a permit, or any | ||||||
8 | Board order;
to issue administrative citations as provided in | ||||||
9 | Section 31.1 of this
Act; and to take such summary enforcement | ||||||
10 | action as is provided
for by Section 34 of this Act.
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11 | (f) The Agency shall appear before the Board in any hearing | ||||||
12 | upon a
petition for variance, the denial of a permit, or the | ||||||
13 | validity or effect
of a rule or regulation of the Board, and | ||||||
14 | shall have the authority to
appear before the Board in any | ||||||
15 | hearing under the Act.
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16 | (g) The Agency shall have the duty to administer, in accord | ||||||
17 | with
Title X of this Act, such permit and certification systems | ||||||
18 | as may be
established by this Act or by regulations adopted | ||||||
19 | thereunder.
The Agency may enter into written delegation | ||||||
20 | agreements with any department,
agency, or unit of State or | ||||||
21 | local government under which all or portions
of this duty may | ||||||
22 | be delegated for public water supply storage and transport
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23 | systems, sewage collection and transport systems, air | ||||||
24 | pollution control
sources with uncontrolled emissions of 100 | ||||||
25 | tons per year or less and
application of algicides to waters of | ||||||
26 | the State. Such delegation
agreements will require that the |
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1 | work to be performed thereunder will be
in accordance with | ||||||
2 | Agency criteria, subject to Agency review, and shall
include | ||||||
3 | such financial and program auditing by the Agency as may be | ||||||
4 | required.
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5 | (h) The Agency shall have authority to require the | ||||||
6 | submission of
complete plans and specifications from any | ||||||
7 | applicant for a permit
required by this Act or by regulations | ||||||
8 | thereunder, and to require the
submission of such reports | ||||||
9 | regarding actual or potential violations of
this Act, any rule | ||||||
10 | or regulation adopted under this Act, any permit or
term or | ||||||
11 | condition of a permit, or any Board order, as may be necessary | ||||||
12 | for the purposes of
this Act.
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13 | (i) The Agency shall have authority to make recommendations | ||||||
14 | to the
Board for the adoption of regulations under Title VII of | ||||||
15 | the Act.
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16 | (j) The Agency shall have the duty to represent the State | ||||||
17 | of
Illinois in any and all matters pertaining to plans, | ||||||
18 | procedures, or
negotiations for interstate compacts or other | ||||||
19 | governmental arrangements
relating to environmental | ||||||
20 | protection.
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21 | (k) The Agency shall have the authority to accept, receive, | ||||||
22 | and
administer on behalf of the State any grants, gifts, loans, | ||||||
23 | indirect cost
reimbursements, or other funds made available to | ||||||
24 | the State from any source
for purposes of this Act or for air | ||||||
25 | or water pollution control, public water
supply, solid waste | ||||||
26 | disposal, noise abatement, or other environmental
protection |
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1 | activities, surveys, or programs. Any federal funds received by | ||||||
2 | the
Agency pursuant to this subsection shall be deposited in a | ||||||
3 | trust fund with the
State Treasurer and held and disbursed by | ||||||
4 | him in accordance with Treasurer as
Custodian of Funds Act, | ||||||
5 | provided that such monies shall be used only for the
purposes | ||||||
6 | for which they are contributed and any balance remaining shall | ||||||
7 | be
returned to the contributor.
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8 | The Agency is authorized to promulgate such regulations and | ||||||
9 | enter
into such contracts as it may deem necessary for carrying | ||||||
10 | out the
provisions of this subsection.
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11 | (l) The Agency is hereby designated as water pollution | ||||||
12 | agency for
the state for all purposes of the Federal Water | ||||||
13 | Pollution Control Act, as
amended; as implementing agency for | ||||||
14 | the State for all purposes of the Safe
Drinking Water Act, | ||||||
15 | Public Law 93-523, as now or hereafter amended, except
Section | ||||||
16 | 1425 of that Act; as air pollution agency for the state for all
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17 | purposes of the Clean Air Act of 1970, Public Law 91-604, | ||||||
18 | approved December 31,
1970, as amended; and as solid waste | ||||||
19 | agency for the state for all purposes of
the Solid Waste | ||||||
20 | Disposal Act, Public Law 89-272, approved October 20, 1965,
and | ||||||
21 | amended by the Resource Recovery Act of 1970, Public Law | ||||||
22 | 91-512, approved
October 26, 1970, as amended, and amended by | ||||||
23 | the Resource Conservation and
Recovery Act of 1976, (P.L. | ||||||
24 | 94-580) approved October 21, 1976, as amended; as
noise control | ||||||
25 | agency for the state for all purposes of the Noise Control Act | ||||||
26 | of
1972, Public Law 92-574, approved October 27, 1972, as |
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1 | amended; and as
implementing agency for the State for all | ||||||
2 | purposes of the Comprehensive
Environmental Response, | ||||||
3 | Compensation, and Liability Act of 1980 (P.L. 96-510),
as | ||||||
4 | amended; and otherwise as pollution control agency for the | ||||||
5 | State pursuant
to federal laws integrated with the foregoing | ||||||
6 | laws, for financing purposes or
otherwise. The Agency is hereby | ||||||
7 | authorized to take all action necessary or
appropriate to | ||||||
8 | secure to the State the benefits of such federal Acts, provided
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9 | that the Agency shall transmit to the United States without | ||||||
10 | change any
standards adopted by the Pollution Control Board | ||||||
11 | pursuant to Section 5(c) of
this Act. This subsection (l) of | ||||||
12 | Section 4 shall not be construed to bar or
prohibit the | ||||||
13 | Environmental Protection Trust Fund Commission from accepting,
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14 | receiving, and administering on behalf of the State any grants, | ||||||
15 | gifts,
loans or other funds for which the Commission is | ||||||
16 | eligible pursuant to the
Environmental Protection Trust Fund | ||||||
17 | Act. The Agency is hereby designated as
the State agency for | ||||||
18 | all purposes of administering the requirements of Section
313 | ||||||
19 | of the federal Emergency Planning and Community Right-to-Know | ||||||
20 | Act of 1986.
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21 | Any municipality, sanitary district, or other political | ||||||
22 | subdivision,
or any Agency of the State or interstate Agency, | ||||||
23 | which makes application
for loans or grants under such federal | ||||||
24 | Acts shall notify the Agency of
such application; the Agency | ||||||
25 | may participate in proceedings under such
federal Acts.
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26 | (m) The Agency shall have authority, consistent with |
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1 | Section 5(c)
and other provisions of this Act, and for purposes | ||||||
2 | of Section 303(e) of
the Federal Water Pollution Control Act, | ||||||
3 | as now or hereafter amended,
to engage in planning processes | ||||||
4 | and activities and to develop
plans in cooperation with units | ||||||
5 | of local government, state agencies and
officers, and other | ||||||
6 | appropriate persons in connection with the
jurisdiction or | ||||||
7 | duties of each such unit, agency, officer or person.
Public | ||||||
8 | hearings shall be held on the planning process, at which any
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9 | person shall be permitted to appear and be heard, pursuant to | ||||||
10 | procedural
regulations promulgated by the Agency.
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11 | (n) In accordance with the powers conferred upon the Agency | ||||||
12 | by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the | ||||||
13 | Agency shall
have authority to establish and enforce minimum | ||||||
14 | standards for the
operation of laboratories relating to | ||||||
15 | analyses and laboratory tests for
air pollution, water | ||||||
16 | pollution, noise emissions, contaminant discharges
onto land | ||||||
17 | and sanitary, chemical, and mineral quality of water
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18 | distributed by a public water supply. The Agency may enter into | ||||||
19 | formal
working agreements with other departments or agencies of | ||||||
20 | state
government under which all or portions of this authority | ||||||
21 | may be
delegated to the cooperating department or agency.
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22 | (o) The Agency shall have the authority to issue | ||||||
23 | certificates of
competency to persons and laboratories meeting | ||||||
24 | the minimum standards
established by the Agency in accordance | ||||||
25 | with Section 4(n) of this Act
and to promulgate and enforce | ||||||
26 | regulations relevant to the issuance and
use of such |
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1 | certificates. The Agency may enter into formal working
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2 | agreements with other departments or agencies of state | ||||||
3 | government under
which all or portions of this authority may be | ||||||
4 | delegated to the
cooperating department or agency.
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5 | (p) Except as provided in Section 17.7, the Agency shall | ||||||
6 | have the
duty to analyze samples as required
from each public | ||||||
7 | water supply to determine compliance with the
contaminant | ||||||
8 | levels specified by the Pollution Control Board. The maximum
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9 | number of samples which the Agency shall be required to analyze | ||||||
10 | for
microbiological quality shall be 6 per month, but the | ||||||
11 | Agency may, at its
option, analyze a larger number each month | ||||||
12 | for any supply. Results of
sample analyses for additional | ||||||
13 | required bacteriological testing,
turbidity, residual chlorine | ||||||
14 | and radionuclides are to be provided to the
Agency in | ||||||
15 | accordance with Section 19. Owners of water supplies may enter
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16 | into agreements with the Agency to provide for reduced Agency
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17 | participation in sample analyses.
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18 | (q) The Agency shall have the authority to provide notice | ||||||
19 | to any
person who may be liable pursuant to Section 22.2(f) of | ||||||
20 | this Act for a
release or a substantial threat of a release of | ||||||
21 | a hazardous substance or
pesticide. Such notice shall include | ||||||
22 | the identified response action and an
opportunity for such | ||||||
23 | person to perform the response action.
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24 | (r) The Agency may enter into written delegation agreements | ||||||
25 | with any
unit of local government under which it may delegate | ||||||
26 | all or portions of its
inspecting, investigating and |
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1 | enforcement functions. Such delegation
agreements shall | ||||||
2 | require that work performed thereunder be in accordance
with | ||||||
3 | Agency criteria and subject to Agency review.
Notwithstanding | ||||||
4 | any other provision of law to the contrary, no unit of
local | ||||||
5 | government shall be liable for any injury resulting from the | ||||||
6 | exercise
of its authority pursuant to such a delegation | ||||||
7 | agreement unless the injury
is proximately caused by the | ||||||
8 | willful and wanton negligence of an agent or
employee of the | ||||||
9 | unit of local government, and any policy of insurance
coverage | ||||||
10 | issued to a unit of local government may provide for the denial | ||||||
11 | of
liability and the nonpayment of claims based upon injuries | ||||||
12 | for which the unit
of local government is not liable pursuant | ||||||
13 | to this subsection (r).
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14 | (s) The Agency shall have authority to take whatever | ||||||
15 | preventive or
corrective action is necessary or appropriate, | ||||||
16 | including but not limited to
expenditure of monies appropriated | ||||||
17 | from the Build Illinois Bond Fund and
the Build Illinois | ||||||
18 | Purposes Fund for removal or remedial action, whenever
any | ||||||
19 | hazardous substance or pesticide is released or
there is a | ||||||
20 | substantial threat of such a release into the environment. The
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21 | State, the Director, and any State employee shall be | ||||||
22 | indemnified for any
damages or injury arising out of or | ||||||
23 | resulting from any action taken under
this subsection. The | ||||||
24 | Director of the Agency is authorized to enter into
such | ||||||
25 | contracts and agreements as are necessary
to carry out the | ||||||
26 | Agency's duties under this subsection.
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1 | (t) The Agency shall have authority to distribute grants, | ||||||
2 | subject to
appropriation by the General Assembly, for financing | ||||||
3 | and construction of
municipal wastewater facilities. With | ||||||
4 | respect to all monies appropriated
from the Build Illinois Bond | ||||||
5 | Fund and the Build Illinois Purposes
Fund for wastewater | ||||||
6 | facility grants, the Agency shall make
distributions in | ||||||
7 | conformity with the rules and regulations established
pursuant | ||||||
8 | to the Anti-Pollution Bond Act, as now or hereafter amended.
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9 | (u) Pursuant to the Illinois Administrative Procedure Act, | ||||||
10 | the
Agency shall have the authority to adopt such rules as are | ||||||
11 | necessary or
appropriate for the Agency to implement Section | ||||||
12 | 31.1 of this Act.
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13 | (v) (Blank.)
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14 | (w) Neither the State, nor the Director, nor the Board, nor | ||||||
15 | any State
employee shall be liable for any damages or injury | ||||||
16 | arising out of or
resulting from any action taken under | ||||||
17 | subsection (s).
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18 | (x)(1) The Agency shall have authority to distribute | ||||||
19 | grants, subject to
appropriation by the General Assembly, | ||||||
20 | to units of local government for
financing and construction | ||||||
21 | of public water supply facilities. With respect
to all | ||||||
22 | monies appropriated from the Build Illinois Bond Fund or | ||||||
23 | the Build
Illinois Purposes Fund for public water supply | ||||||
24 | grants, such grants shall be
made in accordance with rules | ||||||
25 | promulgated by the Agency.
Such rules shall include a | ||||||
26 | requirement for a local match of 30% of the
total project |
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1 | cost for projects funded through such grants.
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2 | (2) The Agency shall not terminate a grant to a unit of | ||||||
3 | local government
for the financing and construction of | ||||||
4 | public water supply facilities unless
and until the Agency | ||||||
5 | adopts rules that set forth precise and complete
standards, | ||||||
6 | pursuant to Section 5-20 of the Illinois Administrative
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7 | Procedure Act, for the termination of such grants. The | ||||||
8 | Agency shall not
make determinations on whether specific | ||||||
9 | grant conditions are necessary to
ensure the integrity of a | ||||||
10 | project or on whether subagreements shall be
awarded, with | ||||||
11 | respect to grants for the financing and construction of
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12 | public water supply facilities, unless and until the Agency | ||||||
13 | adopts rules
that set forth precise and complete standards, | ||||||
14 | pursuant to Section 5-20
of the Illinois Administrative | ||||||
15 | Procedure Act, for making such
determinations. The Agency | ||||||
16 | shall not issue a stop-work order in relation to
such | ||||||
17 | grants unless and until the Agency adopts precise and | ||||||
18 | complete standards,
pursuant to Section 5-20 of the | ||||||
19 | Illinois Administrative Procedure Act, for
determining | ||||||
20 | whether to issue a stop-work order.
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21 | (y) The Agency shall have authority to release any person | ||||||
22 | from further
responsibility for preventive or corrective | ||||||
23 | action under this Act following
successful completion of | ||||||
24 | preventive or corrective action undertaken by such
person upon | ||||||
25 | written request by the person.
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26 | (Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
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