Illinois General Assembly - Full Text of SB0033
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Full Text of SB0033  98th General Assembly




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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;
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.
17The Director shall receive an annual salary as set by the
18Compensation Review Board. The Director, in accord with the
19Personnel Code, shall employ and direct such personnel, and
20shall provide for such laboratory and other facilities, as may
21be necessary to carry out the purposes of this Act. In
22addition, the Director may by agreement secure such services as
23he or she may deem necessary from any other department, agency,



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1or unit of the State Government, and may employ and compensate
2such consultants and technical assistants as may be required.
3    (b) The Agency shall have the duty to collect and
4disseminate such information, acquire such technical data, and
5conduct such experiments as may be required to carry out the
6purposes of this Act, including ascertainment of the quantity
7and nature of discharges from any contaminant source and data
8on those sources, and to operate and arrange for the operation
9of devices for the monitoring of environmental quality.
10    (c) The Agency shall have authority to conduct a program of
11continuing surveillance and of regular or periodic inspection
12of actual or potential contaminant or noise sources, of public
13water supplies, and of refuse disposal sites.
14    (d) In accordance with constitutional limitations, the
15Agency shall have authority to enter at all reasonable times
16upon any private or public property for the purpose of:
17        (1) Inspecting and investigating to ascertain possible
18    violations of this Act, any rule or regulation adopted
19    under this Act, any permit or term or condition of a
20    permit, or any Board order; or
21        (2) In accordance with the provisions of this Act,
22    taking whatever preventive or corrective action, including
23    but not limited to removal or remedial action, that is
24    necessary or appropriate whenever there is a release or a
25    substantial threat of a release of (A) a hazardous
26    substance or pesticide or (B) petroleum from an underground



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1    storage tank.
2    (e) The Agency shall have the duty to investigate
3violations of this Act, any rule or regulation adopted under
4this Act, any permit or term or condition of a permit, or any
5Board order; to issue administrative citations as provided in
6Section 31.1 of this Act; and to take such summary enforcement
7action as is provided for by Section 34 of this Act.
8    (f) The Agency shall appear before the Board in any hearing
9upon a petition for variance, the denial of a permit, or the
10validity or effect of a rule or regulation of the Board, and
11shall have the authority to appear before the Board in any
12hearing under the Act.
13    (g) The Agency shall have the duty to administer, in accord
14with Title X of this Act, such permit and certification systems
15as may be established by this Act or by regulations adopted
16thereunder. The Agency may enter into written delegation
17agreements with any department, agency, or unit of State or
18local government under which all or portions of this duty may
19be delegated for public water supply storage and transport
20systems, sewage collection and transport systems, air
21pollution control sources with uncontrolled emissions of 100
22tons per year or less and application of algicides to waters of
23the State. Such delegation agreements will require that the
24work to be performed thereunder will be in accordance with
25Agency criteria, subject to Agency review, and shall include
26such financial and program auditing by the Agency as may be



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2    (h) The Agency shall have authority to require the
3submission of complete plans and specifications from any
4applicant for a permit required by this Act or by regulations
5thereunder, and to require the submission of such reports
6regarding actual or potential violations of this Act, any rule
7or regulation adopted under this Act, any permit or term or
8condition of a permit, or any Board order, as may be necessary
9for the purposes of this Act.
10    (i) The Agency shall have authority to make recommendations
11to the Board for the adoption of regulations under Title VII of
12the Act.
13    (j) The Agency shall have the duty to represent the State
14of Illinois in any and all matters pertaining to plans,
15procedures, or negotiations for interstate compacts or other
16governmental arrangements relating to environmental
18    (k) The Agency shall have the authority to accept, receive,
19and administer on behalf of the State any grants, gifts, loans,
20indirect cost reimbursements, or other funds made available to
21the State from any source for purposes of this Act or for air
22or water pollution control, public water supply, solid waste
23disposal, noise abatement, or other environmental protection
24activities, surveys, or programs. Any federal funds received by
25the Agency pursuant to this subsection shall be deposited in a
26trust fund with the State Treasurer and held and disbursed by



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1him in accordance with Treasurer as Custodian of Funds Act,
2provided that such monies shall be used only for the purposes
3for which they are contributed and any balance remaining shall
4be returned to the contributor.
5    The Agency is authorized to promulgate such regulations and
6enter into such contracts as it may deem necessary for carrying
7out the provisions of this subsection.
8    (l) The Agency is hereby designated as water pollution
9agency for the state for all purposes of the Federal Water
10Pollution Control Act, as amended; as implementing agency for
11the State for all purposes of the Safe Drinking Water Act,
12Public Law 93-523, as now or hereafter amended, except Section
131425 of that Act; as air pollution agency for the state for all
14purposes of the Clean Air Act of 1970, Public Law 91-604,
15approved December 31, 1970, as amended; and as solid waste
16agency for the state for all purposes of the Solid Waste
17Disposal Act, Public Law 89-272, approved October 20, 1965, and
18amended by the Resource Recovery Act of 1970, Public Law
1991-512, approved October 26, 1970, as amended, and amended by
20the Resource Conservation and Recovery Act of 1976, (P.L.
2194-580) approved October 21, 1976, as amended; as noise control
22agency for the state for all purposes of the Noise Control Act
23of 1972, Public Law 92-574, approved October 27, 1972, as
24amended; and as implementing agency for the State for all
25purposes of the Comprehensive Environmental Response,
26Compensation, and Liability Act of 1980 (P.L. 96-510), as



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1amended; and otherwise as pollution control agency for the
2State pursuant to federal laws integrated with the foregoing
3laws, for financing purposes or otherwise. The Agency is hereby
4authorized to take all action necessary or appropriate to
5secure to the State the benefits of such federal Acts, provided
6that the Agency shall transmit to the United States without
7change any standards adopted by the Pollution Control Board
8pursuant to Section 5(c) of this Act. This subsection (l) of
9Section 4 shall not be construed to bar or prohibit the
10Environmental Protection Trust Fund Commission from accepting,
11receiving, and administering on behalf of the State any grants,
12gifts, loans or other funds for which the Commission is
13eligible pursuant to the Environmental Protection Trust Fund
14Act. The Agency is hereby designated as the State agency for
15all purposes of administering the requirements of Section 313
16of the federal Emergency Planning and Community Right-to-Know
17Act of 1986.
18    Any municipality, sanitary district, or other political
19subdivision, or any Agency of the State or interstate Agency,
20which makes application for loans or grants under such federal
21Acts shall notify the Agency of such application; the Agency
22may participate in proceedings under such federal Acts.
23    (m) The Agency shall have authority, consistent with
24Section 5(c) and other provisions of this Act, and for purposes
25of Section 303(e) of the Federal Water Pollution Control Act,
26as now or hereafter amended, to engage in planning processes



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1and activities and to develop plans in cooperation with units
2of local government, state agencies and officers, and other
3appropriate persons in connection with the jurisdiction or
4duties of each such unit, agency, officer or person. Public
5hearings shall be held on the planning process, at which any
6person shall be permitted to appear and be heard, pursuant to
7procedural regulations promulgated by the Agency.
8    (n) In accordance with the powers conferred upon the Agency
9by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the
10Agency shall have authority to establish and enforce minimum
11standards for the operation of laboratories relating to
12analyses and laboratory tests for air pollution, water
13pollution, noise emissions, contaminant discharges onto land
14and sanitary, chemical, and mineral quality of water
15distributed by a public water supply. The Agency may enter into
16formal working agreements with other departments or agencies of
17state government under which all or portions of this authority
18may be delegated to the cooperating department or agency.
19    (o) The Agency shall have the authority to issue
20certificates of competency to persons and laboratories meeting
21the minimum standards established by the Agency in accordance
22with Section 4(n) of this Act and to promulgate and enforce
23regulations relevant to the issuance and use of such
24certificates. The Agency may enter into formal working
25agreements with other departments or agencies of state
26government under which all or portions of this authority may be



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1delegated to the cooperating department or agency.
2    (p) Except as provided in Section 17.7, the Agency shall
3have the duty to analyze samples as required from each public
4water supply to determine compliance with the contaminant
5levels specified by the Pollution Control Board. The maximum
6number of samples which the Agency shall be required to analyze
7for microbiological quality shall be 6 per month, but the
8Agency may, at its option, analyze a larger number each month
9for any supply. Results of sample analyses for additional
10required bacteriological testing, turbidity, residual chlorine
11and radionuclides are to be provided to the Agency in
12accordance with Section 19. Owners of water supplies may enter
13into agreements with the Agency to provide for reduced Agency
14participation in sample analyses.
15    (q) The Agency shall have the authority to provide notice
16to any person who may be liable pursuant to Section 22.2(f) of
17this Act for a release or a substantial threat of a release of
18a hazardous substance or pesticide. Such notice shall include
19the identified response action and an opportunity for such
20person to perform the response action.
21    (r) The Agency may enter into written delegation agreements
22with any unit of local government under which it may delegate
23all or portions of its inspecting, investigating and
24enforcement functions. Such delegation agreements shall
25require that work performed thereunder be in accordance with
26Agency criteria and subject to Agency review. Notwithstanding



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1any other provision of law to the contrary, no unit of local
2government shall be liable for any injury resulting from the
3exercise of its authority pursuant to such a delegation
4agreement unless the injury is proximately caused by the
5willful and wanton negligence of an agent or employee of the
6unit of local government, and any policy of insurance coverage
7issued to a unit of local government may provide for the denial
8of liability and the nonpayment of claims based upon injuries
9for which the unit of local government is not liable pursuant
10to this subsection (r).
11    (s) The Agency shall have authority to take whatever
12preventive or corrective action is necessary or appropriate,
13including but not limited to expenditure of monies appropriated
14from the Build Illinois Bond Fund and the Build Illinois
15Purposes Fund for removal or remedial action, whenever any
16hazardous substance or pesticide is released or there is a
17substantial threat of such a release into the environment. The
18State, the Director, and any State employee shall be
19indemnified for any damages or injury arising out of or
20resulting from any action taken under this subsection. The
21Director of the Agency is authorized to enter into such
22contracts and agreements as are necessary to carry out the
23Agency's duties under this subsection.
24    (t) The Agency shall have authority to distribute grants,
25subject to appropriation by the General Assembly, to units of
26local government for financing and construction of wastewater



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1facilities in both incorporated and unincorporated areas. With
2respect to all monies appropriated from the Build Illinois Bond
3Fund and the Build Illinois Purposes Fund for wastewater
4facility grants, the Agency shall make distributions in
5conformity with the rules and regulations established pursuant
6to the Anti-Pollution Bond Act, as now or hereafter amended.
7    (u) Pursuant to the Illinois Administrative Procedure Act,
8the Agency shall have the authority to adopt such rules as are
9necessary or appropriate for the Agency to implement Section
1031.1 of this Act.
11    (v) (Blank.)
12    (w) Neither the State, nor the Director, nor the Board, nor
13any State employee shall be liable for any damages or injury
14arising out of or resulting from any action taken under
15subsection (s).
16    (x)(1) The Agency shall have authority to distribute
17    grants, subject to appropriation by the General Assembly,
18    to units of local government for financing and construction
19    of public water supply facilities. With respect to all
20    monies appropriated from the Build Illinois Bond Fund or
21    the Build Illinois Purposes Fund for public water supply
22    grants, such grants shall be made in accordance with rules
23    promulgated by the Agency. Such rules shall include a
24    requirement for a local match of 30% of the total project
25    cost for projects funded through such grants.
26        (2) The Agency shall not terminate a grant to a unit of



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



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1infrastructure bill enacted by the 96th General Assembly by
2sums appropriated to the Environmental Protection Agency, at
3least 50% of the total labor hours must be performed by actual
4residents of the State of Illinois. For purposes of this
5subsection, "actual residents of the State of Illinois" means
6persons domiciled in the State of Illinois. The Department of
7Labor shall promulgate rules providing for the enforcement of
8this subsection.
9    (aa) The Agency may adopt rules requiring the electronic
10submission of any information required to be submitted to the
11Agency pursuant to any State or federal law or regulation or
12any court or Board order. Any rules adopted under this
13subsection (aa) must include, but are not limited to,
14identification of the information to be submitted
16(Source: P.A. 96-37, eff. 7-13-09; 96-503, eff. 8-14-09;
1796-800, eff. 10-30-09; 96-1000, eff. 7-2-10.)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.