101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3651

 

Introduced 2/14/2020, by Sen. Melinda Bush

 

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.


LRB101 19990 CPF 69516 b

 

 

A BILL FOR

 

SB3651LRB101 19990 CPF 69516 b

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 Environmental Protection Act is amended by
5changing Section 4 as follows:
 
6    (415 ILCS 5/4)  (from Ch. 111 1/2, par. 1004)
7    Sec. 4. Environmental Protection Agency; establishment;
8duties.
9    (a) There is established in the the Executive Branch of the
10State Government an agency to be known as the Environmental
11Protection Agency. This Agency shall be under the supervision
12and direction of a Director who shall be appointed by the
13Governor with the advice and consent of the Senate. The term of
14office of the Director shall expire on the third Monday of
15January in odd numbered years, provided that he or she shall
16hold office until a successor is appointed and has qualified.
17For terms ending before December 31, 2019, the Director shall
18receive an annual salary as set by the Compensation Review
19Board. For terms beginning after the effective date of this
20amendatory Act of the 100th General Assembly, the Director's
21annual salary shall be an amount equal to 15% more than the
22Director's annual salary as of December 31, 2018. The
23calculation of the 2018 salary base for this adjustment shall

 

 

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1not include any cost of living adjustments, as authorized by
2Senate Joint Resolution 192 of the 86th General Assembly, for
3the period beginning July 1, 2009 to June 30, 2019. Beginning
4July 1, 2019 and each July 1 thereafter, the Director shall
5receive an increase in salary based on a cost of living
6adjustment as authorized by Senate Joint Resolution 192 of the
786th General Assembly. The Director, in accord with the
8Personnel Code, shall employ and direct such personnel, and
9shall provide for such laboratory and other facilities, as may
10be necessary to carry out the purposes of this Act. In
11addition, the Director may by agreement secure such services as
12he or she may deem necessary from any other department, agency,
13or unit of the State Government, and may employ and compensate
14such consultants and technical assistants as may be required.
15    (b) The Agency shall have the duty to collect and
16disseminate such information, acquire such technical data, and
17conduct such experiments as may be required to carry out the
18purposes of this Act, including ascertainment of the quantity
19and nature of discharges from any contaminant source and data
20on those sources, and to operate and arrange for the operation
21of devices for the monitoring of environmental quality.
22    (c) The Agency shall have authority to conduct a program of
23continuing surveillance and of regular or periodic inspection
24of actual or potential contaminant or noise sources, of public
25water supplies, and of refuse disposal sites.
26    (d) In accordance with constitutional limitations, the

 

 

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1Agency shall have authority to enter at all reasonable times
2upon any private or public property for the purpose of:
3        (1) Inspecting and investigating to ascertain possible
4    violations of this Act, any rule or regulation adopted
5    under this Act, any permit or term or condition of a
6    permit, or any Board order; or
7        (2) In accordance with the provisions of this Act,
8    taking whatever preventive or corrective action, including
9    but not limited to removal or remedial action, that is
10    necessary or appropriate whenever there is a release or a
11    substantial threat of a release of (A) a hazardous
12    substance or pesticide or (B) petroleum from an underground
13    storage tank.
14    (e) The Agency shall have the duty to investigate
15violations of this Act, any rule or regulation adopted under
16this Act, any permit or term or condition of a permit, or any
17Board order; to issue administrative citations as provided in
18Section 31.1 of this Act; and to take such summary enforcement
19action as is provided for by Section 34 of this Act.
20    (f) The Agency shall appear before the Board in any hearing
21upon a petition for variance or time-limited water quality
22standard, the denial of a permit, or the validity or effect of
23a rule or regulation of the Board, and shall have the authority
24to appear before the Board in any hearing under the Act.
25    (g) The Agency shall have the duty to administer, in accord
26with Title X of this Act, such permit and certification systems

 

 

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1as may be established by this Act or by regulations adopted
2thereunder. The Agency may enter into written delegation
3agreements with any department, agency, or unit of State or
4local government under which all or portions of this duty may
5be delegated for public water supply storage and transport
6systems, sewage collection and transport systems, air
7pollution control sources with uncontrolled emissions of 100
8tons per year or less and application of algicides to waters of
9the State. Such delegation agreements will require that the
10work to be performed thereunder will be in accordance with
11Agency criteria, subject to Agency review, and shall include
12such financial and program auditing by the Agency as may be
13required.
14    (h) The Agency shall have authority to require the
15submission of complete plans and specifications from any
16applicant for a permit required by this Act or by regulations
17thereunder, and to require the submission of such reports
18regarding actual or potential violations of this Act, any rule
19or regulation adopted under this Act, any permit or term or
20condition of a permit, or any Board order, as may be necessary
21for the purposes of this Act.
22    (i) The Agency shall have authority to make recommendations
23to the Board for the adoption of regulations under Title VII of
24the Act.
25    (j) The Agency shall have the duty to represent the State
26of Illinois in any and all matters pertaining to plans,

 

 

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1procedures, or negotiations for interstate compacts or other
2governmental arrangements relating to environmental
3protection.
4    (k) The Agency shall have the authority to accept, receive,
5and administer on behalf of the State any grants, gifts, loans,
6indirect cost reimbursements, or other funds made available to
7the State from any source for purposes of this Act or for air
8or water pollution control, public water supply, solid waste
9disposal, noise abatement, or other environmental protection
10activities, surveys, or programs. Any federal funds received by
11the Agency pursuant to this subsection shall be deposited in a
12trust fund with the State Treasurer and held and disbursed by
13him in accordance with Treasurer as Custodian of Funds Act,
14provided that such monies shall be used only for the purposes
15for which they are contributed and any balance remaining shall
16be returned to the contributor.
17    The Agency is authorized to promulgate such regulations and
18enter into such contracts as it may deem necessary for carrying
19out the provisions of this subsection.
20    (l) The Agency is hereby designated as water pollution
21agency for the state for all purposes of the Federal Water
22Pollution Control Act, as amended; as implementing agency for
23the State for all purposes of the Safe Drinking Water Act,
24Public Law 93-523, as now or hereafter amended, except Section
251425 of that Act; as air pollution agency for the state for all
26purposes of the Clean Air Act of 1970, Public Law 91-604,

 

 

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1approved December 31, 1970, as amended; and as solid waste
2agency for the state for all purposes of the Solid Waste
3Disposal Act, Public Law 89-272, approved October 20, 1965, and
4amended by the Resource Recovery Act of 1970, Public Law
591-512, approved October 26, 1970, as amended, and amended by
6the Resource Conservation and Recovery Act of 1976, (P.L.
794-580) approved October 21, 1976, as amended; as noise control
8agency for the state for all purposes of the Noise Control Act
9of 1972, Public Law 92-574, approved October 27, 1972, as
10amended; and as implementing agency for the State for all
11purposes of the Comprehensive Environmental Response,
12Compensation, and Liability Act of 1980 (P.L. 96-510), as
13amended; and otherwise as pollution control agency for the
14State pursuant to federal laws integrated with the foregoing
15laws, for financing purposes or otherwise. The Agency is hereby
16authorized to take all action necessary or appropriate to
17secure to the State the benefits of such federal Acts, provided
18that the Agency shall transmit to the United States without
19change any standards adopted by the Pollution Control Board
20pursuant to Section 5(c) of this Act. This subsection (l) of
21Section 4 shall not be construed to bar or prohibit the
22Environmental Protection Trust Fund Commission from accepting,
23receiving, and administering on behalf of the State any grants,
24gifts, loans or other funds for which the Commission is
25eligible pursuant to the Environmental Protection Trust Fund
26Act. The Agency is hereby designated as the State agency for

 

 

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1all purposes of administering the requirements of Section 313
2of the federal Emergency Planning and Community Right-to-Know
3Act of 1986.
4    Any municipality, sanitary district, or other political
5subdivision, or any Agency of the State or interstate Agency,
6which makes application for loans or grants under such federal
7Acts shall notify the Agency of such application; the Agency
8may participate in proceedings under such federal Acts.
9    (m) The Agency shall have authority, consistent with
10Section 5(c) and other provisions of this Act, and for purposes
11of Section 303(e) of the Federal Water Pollution Control Act,
12as now or hereafter amended, to engage in planning processes
13and activities and to develop plans in cooperation with units
14of local government, state agencies and officers, and other
15appropriate persons in connection with the jurisdiction or
16duties of each such unit, agency, officer or person. Public
17hearings shall be held on the planning process, at which any
18person shall be permitted to appear and be heard, pursuant to
19procedural regulations promulgated by the Agency.
20    (n) In accordance with the powers conferred upon the Agency
21by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the
22Agency shall have authority to establish and enforce minimum
23standards for the operation of laboratories relating to
24analyses and laboratory tests for air pollution, water
25pollution, noise emissions, contaminant discharges onto land
26and sanitary, chemical, and mineral quality of water

 

 

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1distributed by a public water supply. The Agency may enter into
2formal working agreements with other departments or agencies of
3state government under which all or portions of this authority
4may be delegated to the cooperating department or agency.
5    (o) The Agency shall have the authority to issue
6certificates of competency to persons and laboratories meeting
7the minimum standards established by the Agency in accordance
8with Section 4(n) of this Act and to promulgate and enforce
9regulations relevant to the issuance and use of such
10certificates. The Agency may enter into formal working
11agreements with other departments or agencies of state
12government under which all or portions of this authority may be
13delegated to the cooperating department or agency.
14    (p) Except as provided in Section 17.7, the Agency shall
15have the duty to analyze samples as required from each public
16water supply to determine compliance with the contaminant
17levels specified by the Pollution Control Board. The maximum
18number of samples which the Agency shall be required to analyze
19for microbiological quality shall be 6 per month, but the
20Agency may, at its option, analyze a larger number each month
21for any supply. Results of sample analyses for additional
22required bacteriological testing, turbidity, residual chlorine
23and radionuclides are to be provided to the Agency in
24accordance with Section 19. Owners of water supplies may enter
25into agreements with the Agency to provide for reduced Agency
26participation in sample analyses.

 

 

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1    (q) The Agency shall have the authority to provide notice
2to any person who may be liable pursuant to Section 22.2(f) of
3this Act for a release or a substantial threat of a release of
4a hazardous substance or pesticide. Such notice shall include
5the identified response action and an opportunity for such
6person to perform the response action.
7    (r) The Agency may enter into written delegation agreements
8with any unit of local government under which it may delegate
9all or portions of its inspecting, investigating and
10enforcement functions. Such delegation agreements shall
11require that work performed thereunder be in accordance with
12Agency criteria and subject to Agency review. Notwithstanding
13any other provision of law to the contrary, no unit of local
14government shall be liable for any injury resulting from the
15exercise of its authority pursuant to such a delegation
16agreement unless the injury is proximately caused by the
17willful and wanton negligence of an agent or employee of the
18unit of local government, and any policy of insurance coverage
19issued to a unit of local government may provide for the denial
20of liability and the nonpayment of claims based upon injuries
21for which the unit of local government is not liable pursuant
22to this subsection (r).
23    (s) The Agency shall have authority to take whatever
24preventive or corrective action is necessary or appropriate,
25including but not limited to expenditure of monies appropriated
26from the Build Illinois Bond Fund and the Build Illinois

 

 

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1Purposes Fund for removal or remedial action, whenever any
2hazardous substance or pesticide is released or there is a
3substantial threat of such a release into the environment. The
4State, the Director, and any State employee shall be
5indemnified for any damages or injury arising out of or
6resulting from any action taken under this subsection. The
7Director of the Agency is authorized to enter into such
8contracts and agreements as are necessary to carry out the
9Agency's duties under this subsection.
10    (t) The Agency shall have authority to distribute grants,
11subject to appropriation by the General Assembly, to units of
12local government for financing and construction of wastewater
13facilities in both incorporated and unincorporated areas. With
14respect to all monies appropriated from the Build Illinois Bond
15Fund and the Build Illinois Purposes Fund for wastewater
16facility grants, the Agency shall make distributions in
17conformity with the rules and regulations established pursuant
18to the Anti-Pollution Bond Act, as now or hereafter amended.
19    (u) Pursuant to the Illinois Administrative Procedure Act,
20the Agency shall have the authority to adopt such rules as are
21necessary or appropriate for the Agency to implement Section
2231.1 of this Act.
23    (v) (Blank.)
24    (w) Neither the State, nor the Director, nor the Board, nor
25any State employee shall be liable for any damages or injury
26arising out of or resulting from any action taken under

 

 

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1subsection (s).
2    (x)(1) The Agency shall have authority to distribute
3grants, subject to appropriation by the General Assembly, to
4units of local government for financing and construction of
5public water supply facilities. With respect to all monies
6appropriated from the Build Illinois Bond Fund or the Build
7Illinois Purposes Fund for public water supply grants, such
8grants shall be made in accordance with rules promulgated by
9the Agency. Such rules shall include a requirement for a local
10match of 30% of the total project cost for projects funded
11through such grants.
12    (2) The Agency shall not terminate a grant to a unit of
13local government for the financing and construction of public
14water supply facilities unless and until the Agency adopts
15rules that set forth precise and complete standards, pursuant
16to Section 5-20 of the Illinois Administrative Procedure Act,
17for the termination of such grants. The Agency shall not make
18determinations on whether specific grant conditions are
19necessary to ensure the integrity of a project or on whether
20subagreements shall be awarded, with respect to grants for the
21financing and construction of public water supply facilities,
22unless and until the Agency adopts rules that set forth precise
23and complete standards, pursuant to Section 5-20 of the
24Illinois Administrative Procedure Act, for making such
25determinations. The Agency shall not issue a stop-work order in
26relation to such grants unless and until the Agency adopts

 

 

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1precise and complete standards, pursuant to Section 5-20 of the
2Illinois Administrative Procedure Act, for determining whether
3to issue a stop-work order.
4    (y) The Agency shall have authority to release any person
5from further responsibility for preventive or corrective
6action under this Act following successful completion of
7preventive or corrective action undertaken by such person upon
8written request by the person.
9    (z) To the extent permitted by any applicable federal law
10or regulation, for all work performed for State construction
11projects which are funded in whole or in part by a capital
12infrastructure bill enacted by the 96th General Assembly by
13sums appropriated to the Environmental Protection Agency, at
14least 50% of the total labor hours must be performed by actual
15residents of the State of Illinois. For purposes of this
16subsection, "actual residents of the State of Illinois" means
17persons domiciled in the State of Illinois. The Department of
18Labor shall promulgate rules providing for the enforcement of
19this subsection.
20    (aa) The Agency may adopt rules requiring the electronic
21submission of any information required to be submitted to the
22Agency pursuant to any State or federal law or regulation or
23any court or Board order. Any rules adopted under this
24subsection (aa) must include, but are not limited to,
25identification of the information to be submitted
26electronically.

 

 

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1(Source: P.A. 99-937, eff. 2-24-17; 100-1179, eff. 1-18-19.)