Full Text of HB1355 94th General Assembly
HB1355 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1355
Introduced 02/09/05, by Rep. Thomas Holbrook SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/5 |
from Ch. 111 1/2, par. 1005 |
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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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HB1355 |
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LRB094 09562 RSP 39813 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 5 as follows:
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| (415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
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| Sec. 5. Pollution Control Board.
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| (a) There is hereby created an independent board to be | 9 |
| known as the
the
Pollution Control Board.
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| 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.
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| 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.
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| Beginning on July 1, 2003 or when all of the new members to | 24 |
| be initially
appointed under this amendatory Act of the 93rd | 25 |
| General Assembly have been
appointed by the Governor, whichever | 26 |
| occurs later, the Board shall consist
of 5 technically | 27 |
| qualified members, no more than 3 of whom may be of the same
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| political party, to be appointed by the Governor with the | 29 |
| advice and consent
of the Senate. Members shall have verifiable | 30 |
| technical, academic, or actual
experience in the field of | 31 |
| pollution control or environmental law and
regulation.
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| Of the members initially appointed pursuant to this |
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HB1355 |
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LRB094 09562 RSP 39813 b |
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| amendatory Act of the
93rd General Assembly, one shall be | 2 |
| appointed for a term ending July 1, 2004,
2 shall be appointed | 3 |
| for terms ending July 1, 2005, and 2 shall be appointed
for | 4 |
| terms ending July 1, 2006. Thereafter, all members shall hold | 5 |
| office for
3 years from the first day of July in the year in | 6 |
| which they were appointed,
except in case of an appointment to | 7 |
| fill a vacancy. In case of a vacancy in
the office when the | 8 |
| Senate is not in session, the Governor may make a temporary
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| appointment until the next meeting of the Senate, when he or | 10 |
| she shall
nominate some person to fill such office; and any | 11 |
| person so nominated, who is
confirmed by the Senate, shall hold | 12 |
| the office during the remainder of the
term.
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| Members of the Board shall hold office until their | 14 |
| respective successors
have been appointed and qualified. Any | 15 |
| member may resign from office, such
resignation to take effect | 16 |
| when a successor has been appointed and has
qualified.
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| Board members shall be paid $37,000 per year or an amount | 18 |
| set by the
Compensation Review Board, whichever is greater, and | 19 |
| the Chairman shall
be paid $43,000 per year or an amount set by | 20 |
| the Compensation Review Board,
whichever is greater. Each | 21 |
| member shall devote his or her entire time to the
duties of the | 22 |
| office, and shall hold no other office or position of profit, | 23 |
| nor
engage in any other business, employment, or vocation. Each | 24 |
| member shall be
reimbursed for expenses necessarily incurred | 25 |
| and shall make a financial disclosure upon
appointment.
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| Each Board member may employ one secretary and one | 27 |
| assistant, and the
Chairman one secretary and 2 assistants. The | 28 |
| Board also may employ and
compensate hearing officers to | 29 |
| preside at hearings under this Act, and such
other personnel as | 30 |
| may be necessary. Hearing officers shall be attorneys
licensed | 31 |
| to practice law in Illinois.
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| The Board may have an Executive Director; if so, the | 33 |
| Executive Director
shall be appointed by the Governor with the | 34 |
| advice and consent of the Senate.
The salary and duties of the | 35 |
| Executive Director shall be fixed by the Board.
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| The Governor shall designate one Board member to be |
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HB1355 |
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LRB094 09562 RSP 39813 b |
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| Chairman, who
shall serve at the pleasure of the Governor.
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| The Board shall hold at least one meeting each month and | 3 |
| such
additional meetings as may be prescribed by Board rules. | 4 |
| In addition,
special meetings may be called by the Chairman or | 5 |
| by any 2 Board
members, upon delivery of 24 hours written | 6 |
| notice to the office of each
member. All Board meetings shall | 7 |
| be open to the public, and public
notice of all meetings shall | 8 |
| be given at least 24 hours in
advance of each meeting. In | 9 |
| emergency situations in which a majority of
the Board certifies | 10 |
| that exigencies of time require the requirements of
public | 11 |
| notice and of 24 hour written notice to members may be
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| dispensed with, and Board members shall receive such notice as | 13 |
| is
reasonable under the circumstances.
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| If there is no vacancy on the Board, 4 members of the Board | 15 |
| shall
constitute a quorum to transact business; otherwise, a | 16 |
| majority of the
Board shall constitute a quorum to transact | 17 |
| business, and no vacancy
shall impair the right of the | 18 |
| remaining members to exercise all of the
powers of the Board. | 19 |
| Every action approved by a majority of the members
of the Board | 20 |
| shall be deemed to be the action of the Board. The Board shall | 21 |
| keep a complete and accurate record of all its
meetings.
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| (b) The Board shall determine, define and implement the
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| environmental control standards applicable in the State of | 24 |
| Illinois and
may adopt rules and regulations in accordance with | 25 |
| Title VII of this Act.
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| (c) The Board shall have authority to act for the State in | 27 |
| regard to
the adoption of standards for submission to the | 28 |
| United States under any
federal law respecting environmental | 29 |
| protection. Such standards shall be
adopted in accordance with | 30 |
| Title VII of the Act and upon adoption shall
be forwarded to | 31 |
| the Environmental Protection Agency for submission to
the | 32 |
| United States pursuant to subsections (l) and (m) of Section 4 | 33 |
| of this
Act. Nothing in this paragraph shall limit the | 34 |
| discretion of the Governor to
delegate authority granted to the | 35 |
| Governor under any federal law.
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| (d) The Board shall have authority to conduct proceedings
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LRB094 09562 RSP 39813 b |
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| upon complaints charging violations of this Act, any rule or | 2 |
| regulation
adopted under this Act, any permit or term or | 3 |
| condition of a permit, or any
Board order; upon
administrative | 4 |
| citations; upon petitions for variances or adjusted standards;
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| upon petitions for review of the Agency's final determinations | 6 |
| on permit
applications in accordance with Title X of this Act; | 7 |
| upon petitions to remove
seals under Section 34 of this Act; | 8 |
| and upon other petitions for review of
final determinations | 9 |
| which are made pursuant to this Act or Board rule and
which | 10 |
| involve a subject which the Board is authorized to regulate. | 11 |
| The Board
may also conduct other proceedings as may be provided | 12 |
| by this Act or any other
statute or rule.
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| (e) In connection with any proceeding pursuant to
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| subsection (b) or (d) of this Section, the Board may
subpoena | 15 |
| and compel the attendance of witnesses and the production of | 16 |
| evidence
reasonably necessary to resolution of the matter under | 17 |
| consideration. The
Board shall issue such subpoenas upon the | 18 |
| request of any party to a proceeding
under subsection (d) of | 19 |
| this Section or upon its own motion.
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| (f) The Board may prescribe reasonable fees for permits | 21 |
| required
pursuant to this Act. Such fees in the aggregate may | 22 |
| not exceed the total
cost to the Agency for its inspection and | 23 |
| permit systems. The Board may not
prescribe any permit fees | 24 |
| which are different in amount from those established
by this | 25 |
| Act.
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| (Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03; | 27 |
| 93-509, eff.
8-11-03; revised 9-11-03.)
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