Illinois General Assembly - Full Text of HB3358
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Full Text of HB3358  102nd General Assembly

HB3358 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3358

 

Introduced 2/22/2021, by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/4  from Ch. 111 1/2, par. 1004

    Amends the Environmental Protection Act. In provisions granting the Environmental Protection Agency 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 distributed by a public water supply, provides that the Agency shall ensure that Agency-owned and State-owned laboratory equipment is able to guarantee accurate reporting and testing to the degree being required by any newly revised environmental standards and regulations within one year of the newly revised standards and regulations.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 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
12as he or she may deem necessary from any other department,
13agency, or unit of the State Government, and may employ and
14compensate such consultants and technical assistants as may be
15required.
16    (b) The Agency shall have the duty to collect and
17disseminate such information, acquire such technical data, and
18conduct such experiments as may be required to carry out the
19purposes of this Act, including ascertainment of the quantity
20and nature of discharges from any contaminant source and data
21on those sources, and to operate and arrange for the operation
22of devices for the monitoring of environmental quality.
23    (c) The Agency shall have authority to conduct a program
24of continuing surveillance and of regular or periodic
25inspection of actual or potential contaminant or noise
26sources, of public water supplies, and of refuse disposal

 

 

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1sites.
2    (d) In accordance with constitutional limitations, the
3Agency shall have authority to enter at all reasonable times
4upon 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
17violations of this Act, any rule or regulation adopted under
18this Act, any permit or term or condition of a permit, or any
19Board order; to issue administrative citations as provided in
20Section 31.1 of this Act; and to take such summary enforcement
21action as is provided for by Section 34 of this Act.
22    (f) The Agency shall appear before the Board in any
23hearing upon a petition for variance or time-limited water
24quality standard, the denial of a permit, or the validity or
25effect of a rule or regulation of the Board, and shall have the
26authority to appear before the Board in any hearing under the

 

 

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1Act.
2    (g) The Agency shall have the duty to administer, in
3accord with Title X of this Act, such permit and certification
4systems as may be established by this Act or by regulations
5adopted thereunder. The Agency may enter into written
6delegation agreements with any department, agency, or unit of
7State or local government under which all or portions of this
8duty may be delegated for public water supply storage and
9transport systems, sewage collection and transport systems,
10air pollution control sources with uncontrolled emissions of
11100 tons per year or less and application of algicides to
12waters of the State. Such delegation agreements will require
13that the work to be performed thereunder will be in accordance
14with Agency criteria, subject to Agency review, and shall
15include such financial and program auditing by the Agency as
16may be required.
17    (h) The Agency shall have authority to require the
18submission of complete plans and specifications from any
19applicant for a permit required by this Act or by regulations
20thereunder, and to require the submission of such reports
21regarding actual or potential violations of this Act, any rule
22or regulation adopted under this Act, any permit or term or
23condition of a permit, or any Board order, as may be necessary
24for the purposes of this Act.
25    (i) The Agency shall have authority to make
26recommendations to the Board for the adoption of regulations

 

 

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1under Title VII of the Act.
2    (j) The Agency shall have the duty to represent the State
3of Illinois in any and all matters pertaining to plans,
4procedures, or negotiations for interstate compacts or other
5governmental arrangements relating to environmental
6protection.
7    (k) The Agency shall have the authority to accept,
8receive, and administer on behalf of the State any grants,
9gifts, loans, indirect cost reimbursements, or other funds
10made available to the State from any source for purposes of
11this Act or for air or water pollution control, public water
12supply, solid waste disposal, noise abatement, or other
13environmental protection activities, surveys, or programs. Any
14federal funds received by the Agency pursuant to this
15subsection shall be deposited in a trust fund with the State
16Treasurer and held and disbursed by him in accordance with
17Treasurer as Custodian of Funds Act, provided that such monies
18shall be used only for the purposes for which they are
19contributed and any balance remaining shall be returned to the
20contributor.
21    The Agency is authorized to promulgate such regulations
22and enter into such contracts as it may deem necessary for
23carrying out the provisions of this subsection.
24    (l) The Agency is hereby designated as water pollution
25agency for the state for all purposes of the Federal Water
26Pollution Control Act, as amended; as implementing agency for

 

 

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1the State for all purposes of the Safe Drinking Water Act,
2Public Law 93-523, as now or hereafter amended, except Section
31425 of that Act; as air pollution agency for the state for all
4purposes of the Clean Air Act of 1970, Public Law 91-604,
5approved December 31, 1970, as amended; and as solid waste
6agency for the state for all purposes of the Solid Waste
7Disposal Act, Public Law 89-272, approved October 20, 1965,
8and amended by the Resource Recovery Act of 1970, Public Law
991-512, approved October 26, 1970, as amended, and amended by
10the Resource Conservation and Recovery Act of 1976, (P.L.
1194-580) approved October 21, 1976, as amended; as noise
12control agency for the state for all purposes of the Noise
13Control Act of 1972, Public Law 92-574, approved October 27,
141972, as amended; and as implementing agency for the State for
15all purposes of the Comprehensive Environmental Response,
16Compensation, and Liability Act of 1980 (P.L. 96-510), as
17amended; and otherwise as pollution control agency for the
18State pursuant to federal laws integrated with the foregoing
19laws, for financing purposes or otherwise. The Agency is
20hereby authorized to take all action necessary or appropriate
21to secure to the State the benefits of such federal Acts,
22provided that the Agency shall transmit to the United States
23without change any standards adopted by the Pollution Control
24Board pursuant to Section 5(c) of this Act. This subsection
25(l) of Section 4 shall not be construed to bar or prohibit the
26Environmental Protection Trust Fund Commission from accepting,

 

 

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1receiving, and administering on behalf of the State any
2grants, gifts, loans or other funds for which the Commission
3is eligible pursuant to the Environmental Protection Trust
4Fund Act. The Agency is hereby designated as the State agency
5for all purposes of administering the requirements of Section
6313 of the federal Emergency Planning and Community
7Right-to-Know Act of 1986.
8    Any municipality, sanitary district, or other political
9subdivision, or any Agency of the State or interstate Agency,
10which makes application for loans or grants under such federal
11Acts shall notify the Agency of such application; the Agency
12may participate in proceedings under such federal Acts.
13    (m) The Agency shall have authority, consistent with
14Section 5(c) and other provisions of this Act, and for
15purposes of Section 303(e) of the Federal Water Pollution
16Control Act, as now or hereafter amended, to engage in
17planning processes and activities and to develop plans in
18cooperation with units of local government, state agencies and
19officers, and other appropriate persons in connection with the
20jurisdiction or duties of each such unit, agency, officer or
21person. Public hearings shall be held on the planning process,
22at which any person shall be permitted to appear and be heard,
23pursuant to procedural regulations promulgated by the Agency.
24    (n) In accordance with the powers conferred upon the
25Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act,
26the Agency shall have authority to establish and enforce

 

 

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1minimum standards for the operation of laboratories relating
2to analyses and laboratory tests for air pollution, water
3pollution, noise emissions, contaminant discharges onto land
4and sanitary, chemical, and mineral quality of water
5distributed by a public water supply. The Agency may enter
6into formal working agreements with other departments or
7agencies of state government under which all or portions of
8this authority may be delegated to the cooperating department
9or agency.
10    The Agency shall ensure that Agency-owned and State-owned
11laboratory equipment is able to guarantee accurate reporting
12and testing to the degree being required by any newly revised
13environmental standards and regulations within one year of the
14newly revised standards and regulations.
15    (o) The Agency shall have the authority to issue
16certificates of competency to persons and laboratories meeting
17the minimum standards established by the Agency in accordance
18with Section 4(n) of this Act and to promulgate and enforce
19regulations relevant to the issuance and use of such
20certificates. The Agency may enter into formal working
21agreements with other departments or agencies of state
22government under which all or portions of this authority may
23be delegated to the cooperating department or agency.
24    (p) Except as provided in Section 17.7, the Agency shall
25have the duty to analyze samples as required from each public
26water supply to determine compliance with the contaminant

 

 

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1levels specified by the Pollution Control Board. The maximum
2number of samples which the Agency shall be required to
3analyze for microbiological quality shall be 6 per month, but
4the Agency may, at its option, analyze a larger number each
5month for any supply. Results of sample analyses for
6additional required bacteriological testing, turbidity,
7residual chlorine and radionuclides are to be provided to the
8Agency in accordance with Section 19. Owners of water supplies
9may enter into agreements with the Agency to provide for
10reduced Agency participation in sample analyses.
11    (q) The Agency shall have the authority to provide notice
12to any person who may be liable pursuant to Section 22.2(f) of
13this Act for a release or a substantial threat of a release of
14a hazardous substance or pesticide. Such notice shall include
15the identified response action and an opportunity for such
16person to perform the response action.
17    (r) The Agency may enter into written delegation
18agreements with any unit of local government under which it
19may delegate all or portions of its inspecting, investigating
20and enforcement functions. Such delegation agreements shall
21require that work performed thereunder be in accordance with
22Agency criteria and subject to Agency review. Notwithstanding
23any other provision of law to the contrary, no unit of local
24government shall be liable for any injury resulting from the
25exercise of its authority pursuant to such a delegation
26agreement unless the injury is proximately caused by the

 

 

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1willful and wanton negligence of an agent or employee of the
2unit of local government, and any policy of insurance coverage
3issued to a unit of local government may provide for the denial
4of liability and the nonpayment of claims based upon injuries
5for which the unit of local government is not liable pursuant
6to this subsection (r).
7    (s) The Agency shall have authority to take whatever
8preventive or corrective action is necessary or appropriate,
9including but not limited to expenditure of monies
10appropriated from the Build Illinois Bond Fund and the Build
11Illinois Purposes Fund for removal or remedial action,
12whenever any hazardous substance or pesticide is released or
13there is a substantial threat of such a release into the
14environment. The State, the Director, and any State employee
15shall be indemnified for any damages or injury arising out of
16or resulting from any action taken under this subsection. The
17Director of the Agency is authorized to enter into such
18contracts and agreements as are necessary to carry out the
19Agency's duties under this subsection.
20    (t) The Agency shall have authority to distribute grants,
21subject to appropriation by the General Assembly, to units of
22local government for financing and construction of wastewater
23facilities in both incorporated and unincorporated areas. With
24respect to all monies appropriated from the Build Illinois
25Bond Fund and the Build Illinois Purposes Fund for wastewater
26facility grants, the Agency shall make distributions in

 

 

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1conformity with the rules and regulations established pursuant
2to the Anti-Pollution Bond Act, as now or hereafter amended.
3    (u) Pursuant to the Illinois Administrative Procedure Act,
4the Agency shall have the authority to adopt such rules as are
5necessary or appropriate for the Agency to implement Section
631.1 of this Act.
7    (v) (Blank.)
8    (w) Neither the State, nor the Director, nor the Board,
9nor any State employee shall be liable for any damages or
10injury arising out of or resulting from any action taken under
11subsection (s).
12    (x)(1) The Agency shall have authority to distribute
13grants, subject to appropriation by the General Assembly, to
14units of local government for financing and construction of
15public water supply facilities. With respect to all monies
16appropriated from the Build Illinois Bond Fund or the Build
17Illinois Purposes Fund for public water supply grants, such
18grants shall be made in accordance with rules promulgated by
19the Agency. Such rules shall include a requirement for a local
20match of 30% of the total project cost for projects funded
21through such grants.
22    (2) The Agency shall not terminate a grant to a unit of
23local government for the financing and construction of public
24water supply facilities unless and until the Agency adopts
25rules that set forth precise and complete standards, pursuant
26to Section 5-20 of the Illinois Administrative Procedure Act,

 

 

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1for the termination of such grants. The Agency shall not make
2determinations on whether specific grant conditions are
3necessary to ensure the integrity of a project or on whether
4subagreements shall be awarded, with respect to grants for the
5financing and construction of public water supply facilities,
6unless and until the Agency adopts rules that set forth
7precise and complete standards, pursuant to Section 5-20 of
8the Illinois Administrative Procedure Act, for making such
9determinations. The Agency shall not issue a stop-work order
10in relation to such grants unless and until the Agency adopts
11precise and complete standards, pursuant to Section 5-20 of
12the Illinois Administrative Procedure Act, for determining
13whether to issue a stop-work order.
14    (y) The Agency shall have authority to release any person
15from further responsibility for preventive or corrective
16action under this Act following successful completion of
17preventive or corrective action undertaken by such person upon
18written request by the person.
19    (z) To the extent permitted by any applicable federal law
20or regulation, for all work performed for State construction
21projects which are funded in whole or in part by a capital
22infrastructure bill enacted by the 96th General Assembly by
23sums appropriated to the Environmental Protection Agency, at
24least 50% of the total labor hours must be performed by actual
25residents of the State of Illinois. For purposes of this
26subsection, "actual residents of the State of Illinois" means

 

 

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1persons domiciled in the State of Illinois. The Department of
2Labor shall promulgate rules providing for the enforcement of
3this subsection.
4    (aa) The Agency may adopt rules requiring the electronic
5submission of any information required to be submitted to the
6Agency pursuant to any State or federal law or regulation or
7any court or Board order. Any rules adopted under this
8subsection (aa) must include, but are not limited to,
9identification of the information to be submitted
10electronically.
11(Source: P.A. 99-937, eff. 2-24-17; 100-1179, eff. 1-18-19.)