Full Text of HB1544 102nd General Assembly
HB1544 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1544 Introduced 2/17/2021, by Rep. Emanuel Chris Welch 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 | | On and after August 11, 2003 (the effective date of Public | 11 | | Act 93-509), the Board shall consist
of 5 technically | 12 | | qualified members, no more than 3 of whom may be of the same
| 13 | | political party, to be appointed by the Governor with the | 14 | | advice and consent
of the Senate. Members shall have | 15 | | verifiable technical, academic, or actual
experience in the | 16 | | field of pollution control or environmental law and
| 17 | | regulation.
| 18 | | One member shall be appointed for a term ending July 1, | 19 | | 2004,
2 shall be appointed for terms ending July 1, 2005, and 2 | 20 | | shall be appointed
for terms ending July 1, 2006. Thereafter, | 21 | | all members shall hold office for
3 years from the first day of | 22 | | July in the year in which they were appointed,
except in case | 23 | | of an appointment to fill a vacancy. In case of a vacancy in
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| 1 | | the office when the Senate is not in session, the Governor may | 2 | | make a temporary
appointment until the next meeting of the | 3 | | Senate, when he or she shall
nominate some person to fill such | 4 | | office; and any person so nominated, who is
confirmed by the | 5 | | Senate, shall hold the office during the remainder of the
| 6 | | term.
| 7 | | Members of the Board shall hold office until their | 8 | | respective successors
have been appointed and qualified. Any | 9 | | member may resign from office, such
resignation to take effect | 10 | | when a successor has been appointed and has
qualified.
| 11 | | Board members shall be paid $37,000 per year or an amount | 12 | | set by the
Compensation Review Board, whichever is greater, | 13 | | and the Chairman shall
be paid $43,000 per year or an amount | 14 | | set by the Compensation Review Board,
whichever is greater. | 15 | | Each member shall devote his or her entire time to the
duties | 16 | | of the office, and shall hold no other office or position of | 17 | | profit, nor
engage in any other business, employment, or | 18 | | vocation. Each member shall be
reimbursed for expenses | 19 | | necessarily incurred and shall make a financial disclosure | 20 | | upon
appointment.
| 21 | | The Board may employ one assistant for each member and 2 | 22 | | assistants for the
Chairman. The Board also may employ and
| 23 | | compensate hearing officers to preside at hearings under this | 24 | | Act, and such
other personnel as may be necessary. Hearing | 25 | | officers shall be attorneys
licensed to practice law in | 26 | | Illinois.
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| 1 | | The Board may have an Executive Director; if so, the | 2 | | Executive Director
shall be appointed by the Governor with the | 3 | | advice and consent of the Senate.
The salary and duties of the | 4 | | Executive Director shall be fixed by the Board.
| 5 | | The Governor shall designate one Board member to be | 6 | | Chairman, who
shall serve at the pleasure of the Governor.
| 7 | | The Board shall hold at least one meeting each month and | 8 | | such
additional meetings as may be prescribed by Board rules. | 9 | | In addition,
special meetings may be called by the Chairman or | 10 | | by any 2 Board
members, upon delivery of 48 hours written | 11 | | notice to the office of each
member. All Board meetings shall | 12 | | be open to the public, and public
notice of all meetings shall | 13 | | be given at least 48 hours in
advance of each meeting. In | 14 | | emergency situations in which a majority of
the Board | 15 | | certifies that exigencies of time require the requirements of
| 16 | | public notice and of 24 hour written notice to members may be
| 17 | | dispensed with, and Board members shall receive such notice as | 18 | | is
reasonable under the circumstances.
| 19 | | Three members of the Board shall
constitute a quorum to | 20 | | transact business; and the affirmative vote of 3 members is | 21 | | necessary to adopt any order. The Board shall keep a complete | 22 | | and accurate record of all its
meetings.
| 23 | | (b) The Board shall determine, define and implement the
| 24 | | environmental control standards applicable in the State of | 25 | | Illinois and
may adopt rules and regulations in accordance | 26 | | with Title VII of this Act.
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| 1 | | (c) The Board shall have authority to act for the State in | 2 | | regard to
the adoption of standards for submission to the | 3 | | United States under any
federal law respecting environmental | 4 | | protection. Such standards shall be
adopted in accordance with | 5 | | Title VII of the Act and upon adoption shall
be forwarded to | 6 | | the Environmental Protection Agency for submission to
the | 7 | | United States pursuant to subsections (l) and (m) of Section 4 | 8 | | of this
Act. Nothing in this paragraph shall limit the | 9 | | discretion of the Governor to
delegate authority granted to | 10 | | the Governor under any federal law.
| 11 | | (d) The Board shall have authority to conduct proceedings
| 12 | | upon complaints charging violations of this Act, any rule or | 13 | | regulation
adopted under this Act, any permit or term or | 14 | | condition of a permit, or any
Board order; upon
administrative | 15 | | citations; upon petitions for variances, adjusted standards, | 16 | | or time-limited water quality standards;
upon petitions for | 17 | | review of the Agency's final determinations on permit
| 18 | | applications in accordance with Title X of this Act; upon | 19 | | petitions to remove
seals under Section 34 of this Act; and | 20 | | upon other petitions for review of
final determinations which | 21 | | are made pursuant to this Act or Board rule and
which involve a | 22 | | subject which the Board is authorized to regulate. The Board
| 23 | | may also conduct other proceedings as may be provided by this | 24 | | Act or any other
statute or rule.
| 25 | | (e) In connection with any proceeding pursuant to
| 26 | | subsection (b) or (d) of this Section, the Board may
subpoena |
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| 1 | | and compel the attendance of witnesses and the production of | 2 | | evidence
reasonably necessary to resolution of the matter | 3 | | under consideration. The
Board shall issue such subpoenas upon | 4 | | the request of any party to a proceeding
under subsection (d) | 5 | | of this Section or upon its own motion.
| 6 | | (f) The Board may prescribe reasonable fees for permits | 7 | | required
pursuant to this Act. Such fees in the aggregate may | 8 | | not exceed the total
cost to the Agency for its inspection and | 9 | | permit systems. The Board may not
prescribe any permit fees | 10 | | which are different in amount from those established
by this | 11 | | Act.
| 12 | | (Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17; | 13 | | 100-863, eff. 8-14-18.)
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