Full Text of SB0864 98th General Assembly
SB0864 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB0864 Introduced 1/24/2013, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/5 | from Ch. 111 1/2, par. 1005 |
| Amends the Environmental Protection Act. Makes a technical change in a Section concerning the Pollution Control Board.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 5 as follows:
| 6 | | (415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
| 7 | | Sec. 5. Pollution Control Board.
| 8 | | (a) There is hereby created an independent board to be | 9 | | known as the
the
Pollution Control Board. | 10 | | Until July 1, 2003 or when all of the new members to be | 11 | | initially
appointed under this amendatory Act of the 93rd | 12 | | General Assembly have been
appointed by the Governor, whichever | 13 | | occurs later,
the Board shall consist of 7 technically | 14 | | qualified members,
no more than 4 of whom may be of the same | 15 | | political party, to be appointed
by the Governor with the | 16 | | advice and consent of the Senate.
| 17 | | The term of each appointed member of the Board
who is in | 18 | | office on June 30, 2003 shall terminate at the close of | 19 | | business
on that date or when all of the new members to be | 20 | | initially appointed under
this amendatory Act of the 93rd | 21 | | General Assembly have been appointed by the
Governor, whichever | 22 | | occurs later.
| 23 | | Beginning on July 1, 2003 or when all of the new members to |
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| 1 | | be initially
appointed under this amendatory Act of the 93rd | 2 | | General Assembly have been
appointed by the Governor, whichever | 3 | | occurs later, the Board shall consist
of 5 technically | 4 | | qualified members, no more than 3 of whom may be of the same
| 5 | | political party, to be appointed by the Governor with the | 6 | | advice and consent
of the Senate. Members shall have verifiable | 7 | | technical, academic, or actual
experience in the field of | 8 | | pollution control or environmental law and
regulation.
| 9 | | Of the members initially appointed pursuant to this | 10 | | amendatory Act of the
93rd General Assembly, one shall be | 11 | | appointed for a term ending July 1, 2004,
2 shall be appointed | 12 | | for terms ending July 1, 2005, and 2 shall be appointed
for | 13 | | terms ending July 1, 2006. Thereafter, all members shall hold | 14 | | office for
3 years from the first day of July in the year in | 15 | | which they were appointed,
except in case of an appointment to | 16 | | fill a vacancy. In case of a vacancy in
the office when the | 17 | | Senate is not in session, the Governor may make a temporary
| 18 | | appointment until the next meeting of the Senate, when he or | 19 | | she shall
nominate some person to fill such office; and any | 20 | | person so nominated, who is
confirmed by the Senate, shall hold | 21 | | the office during the remainder of the
term.
| 22 | | Members of the Board shall hold office until their | 23 | | respective successors
have been appointed and qualified. Any | 24 | | member may resign from office, such
resignation to take effect | 25 | | when a successor has been appointed and has
qualified.
| 26 | | Board members shall be paid $37,000 per year or an amount |
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| 1 | | set by the
Compensation Review Board, whichever is greater, and | 2 | | the Chairman shall
be paid $43,000 per year or an amount set by | 3 | | the Compensation Review Board,
whichever is greater. Each | 4 | | member shall devote his or her entire time to the
duties of the | 5 | | office, and shall hold no other office or position of profit, | 6 | | nor
engage in any other business, employment, or vocation. Each | 7 | | member shall be
reimbursed for expenses necessarily incurred | 8 | | and shall make a financial disclosure upon
appointment.
| 9 | | Each Board member may employ one secretary and one | 10 | | assistant, and the
Chairman one secretary and 2 assistants. The | 11 | | Board also may employ and
compensate hearing officers to | 12 | | preside at hearings under this Act, and such
other personnel as | 13 | | may be necessary. Hearing officers shall be attorneys
licensed | 14 | | to practice law in Illinois.
| 15 | | The Board may have an Executive Director; if so, the | 16 | | Executive Director
shall be appointed by the Governor with the | 17 | | advice and consent of the Senate.
The salary and duties of the | 18 | | Executive Director shall be fixed by the Board.
| 19 | | The Governor shall designate one Board member to be | 20 | | Chairman, who
shall serve at the pleasure of the Governor.
| 21 | | The Board shall hold at least one meeting each month and | 22 | | such
additional meetings as may be prescribed by Board rules. | 23 | | In addition,
special meetings may be called by the Chairman or | 24 | | by any 2 Board
members, upon delivery of 24 hours written | 25 | | notice to the office of each
member. All Board meetings shall | 26 | | be open to the public, and public
notice of all meetings shall |
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| 1 | | be given at least 24 hours in
advance of each meeting. In | 2 | | emergency situations in which a majority of
the Board certifies | 3 | | that exigencies of time require the requirements of
public | 4 | | notice and of 24 hour written notice to members may be
| 5 | | dispensed with, and Board members shall receive such notice as | 6 | | is
reasonable under the circumstances.
| 7 | | If there is no vacancy on the Board, 4 members of the Board | 8 | | shall
constitute a quorum to transact business; otherwise, a | 9 | | majority of the
Board shall constitute a quorum to transact | 10 | | business, and no vacancy
shall impair the right of the | 11 | | remaining members to exercise all of the
powers of the Board. | 12 | | Every action approved by a majority of the members
of the Board | 13 | | shall be deemed to be the action of the Board. The Board shall | 14 | | keep a complete and accurate record of all its
meetings.
| 15 | | (b) The Board shall determine, define and implement the
| 16 | | environmental control standards applicable in the State of | 17 | | Illinois and
may adopt rules and regulations in accordance with | 18 | | Title VII of this Act.
| 19 | | (c) The Board shall have authority to act for the State in | 20 | | regard to
the adoption of standards for submission to the | 21 | | United States under any
federal law respecting environmental | 22 | | protection. Such standards shall be
adopted in accordance with | 23 | | Title VII of the Act and upon adoption shall
be forwarded to | 24 | | the Environmental Protection Agency for submission to
the | 25 | | United States pursuant to subsections (l) and (m) of Section 4 | 26 | | of this
Act. Nothing in this paragraph shall limit the |
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| 1 | | discretion of the Governor to
delegate authority granted to the | 2 | | Governor under any federal law.
| 3 | | (d) The Board shall have authority to conduct proceedings
| 4 | | upon complaints charging violations of this Act, any rule or | 5 | | regulation
adopted under this Act, any permit or term or | 6 | | condition of a permit, or any
Board order; upon
administrative | 7 | | citations; upon petitions for variances or adjusted standards;
| 8 | | upon petitions for review of the Agency's final determinations | 9 | | on permit
applications in accordance with Title X of this Act; | 10 | | upon petitions to remove
seals under Section 34 of this Act; | 11 | | and upon other petitions for review of
final determinations | 12 | | which are made pursuant to this Act or Board rule and
which | 13 | | involve a subject which the Board is authorized to regulate. | 14 | | The Board
may also conduct other proceedings as may be provided | 15 | | by this Act or any other
statute or rule.
| 16 | | (e) In connection with any proceeding pursuant to
| 17 | | subsection (b) or (d) of this Section, the Board may
subpoena | 18 | | and compel the attendance of witnesses and the production of | 19 | | evidence
reasonably necessary to resolution of the matter under | 20 | | consideration. The
Board shall issue such subpoenas upon the | 21 | | request of any party to a proceeding
under subsection (d) of | 22 | | this Section or upon its own motion.
| 23 | | (f) The Board may prescribe reasonable fees for permits | 24 | | required
pursuant to this Act. Such fees in the aggregate may | 25 | | not exceed the total
cost to the Agency for its inspection and | 26 | | permit systems. The Board may not
prescribe any permit fees |
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| 1 | | which are different in amount from those established
by this | 2 | | Act.
| 3 | | (Source: P.A. 95-331, eff. 8-21-07.)
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