Full Text of SB2947 101st General Assembly
SB2947 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2947 Introduced 2/4/2020, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/4 | from Ch. 111 1/2, par. 1004 |
| Amends the Environmental Protection Act. Makes a technical change in a Section concerning the duties of the Environmental Protection Agency.
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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 4 as follows:
| 6 | | (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
| 7 | | Sec. 4. Environmental Protection Agency; establishment; | 8 | | duties.
| 9 | | (a) There is established in the the Executive Branch of the | 10 | | State Government an
agency to be known as the Environmental | 11 | | Protection Agency. This Agency shall
be under the supervision | 12 | | and direction of a Director who shall be appointed by
the | 13 | | Governor with the advice and consent of the Senate. The term of | 14 | | office
of the Director shall expire on the third Monday of | 15 | | January in odd numbered
years, provided that he or she shall | 16 | | hold office until a successor is appointed
and has qualified. | 17 | | For terms ending before December 31, 2019, the Director shall
| 18 | | receive an annual salary as set by
the Compensation Review | 19 | | Board. For terms beginning after the effective date of this | 20 | | amendatory Act of the 100th General Assembly, the Director's | 21 | | annual salary shall be an amount equal to 15% more than the | 22 | | Director's annual salary as of December 31, 2018. The | 23 | | calculation of the 2018 salary base for this adjustment shall |
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| 1 | | not include any cost of living adjustments, as authorized by | 2 | | Senate Joint Resolution 192 of the 86th General Assembly, for | 3 | | the period beginning July 1, 2009 to June 30, 2019. Beginning | 4 | | July 1, 2019 and each July 1 thereafter, the Director shall | 5 | | receive an increase in salary based on a cost of living | 6 | | adjustment as authorized by Senate Joint Resolution 192 of the | 7 | | 86th General Assembly. The Director, in accord with the | 8 | | Personnel Code, shall employ and
direct such personnel, and | 9 | | shall provide for such laboratory and other
facilities, as may | 10 | | be necessary to carry out the purposes of this Act. In
| 11 | | addition, the Director may by agreement secure such services as | 12 | | he or she
may deem necessary from any other department, agency, | 13 | | or unit of the State
Government, and may employ and compensate | 14 | | such consultants and technical
assistants as may be required.
| 15 | | (b) The Agency shall have the duty to collect and | 16 | | disseminate such
information, acquire such technical data, and | 17 | | conduct such experiments
as may be required to carry out the | 18 | | purposes of this Act, including
ascertainment of the quantity | 19 | | and nature of discharges from any
contaminant source and data | 20 | | on those sources, and to operate and arrange
for the operation | 21 | | of devices for the monitoring of environmental quality.
| 22 | | (c) The Agency shall have authority to conduct a program of
| 23 | | continuing surveillance and of regular or periodic inspection | 24 | | of actual
or potential contaminant or noise sources, of public | 25 | | water supplies, and
of refuse disposal sites.
| 26 | | (d) In accordance with constitutional limitations,
the |
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| 1 | | Agency shall have authority to enter at all reasonable times
| 2 | | upon any private or public property for the purpose of:
| 3 | | (1) Inspecting and investigating to ascertain possible | 4 | | violations of
this Act, any rule or regulation adopted | 5 | | under this Act, any permit or
term or condition of a | 6 | | permit, or any Board order; or
| 7 | | (2) In accordance with the provisions of this Act, | 8 | | taking whatever
preventive or corrective action, including | 9 | | but not limited to removal or
remedial action, that is | 10 | | necessary or appropriate whenever there is a
release or a | 11 | | substantial threat of a release of (A) a hazardous
| 12 | | substance or pesticide or (B) petroleum from an underground | 13 | | storage tank.
| 14 | | (e) The Agency shall have the duty to investigate | 15 | | violations of this
Act, any rule or regulation adopted under | 16 | | this Act, any permit or
term or condition of a permit, or any | 17 | | Board order;
to issue administrative citations as provided in | 18 | | Section 31.1 of this
Act; and to take such summary enforcement | 19 | | action as is provided
for by Section 34 of this Act.
| 20 | | (f) The Agency shall appear before the Board in any hearing | 21 | | upon a
petition for variance or time-limited water quality | 22 | | standard, the denial of a permit, or the validity or effect
of | 23 | | a rule or regulation of the Board, and shall have the authority | 24 | | to
appear before the Board in any hearing under the Act.
| 25 | | (g) The Agency shall have the duty to administer, in accord | 26 | | with
Title X of this Act, such permit and certification systems |
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| 1 | | as may be
established by this Act or by regulations adopted | 2 | | thereunder.
The Agency may enter into written delegation | 3 | | agreements with any department,
agency, or unit of State or | 4 | | local government under which all or portions
of this duty may | 5 | | be delegated for public water supply storage and transport
| 6 | | systems, sewage collection and transport systems, air | 7 | | pollution control
sources with uncontrolled emissions of 100 | 8 | | tons per year or less and
application of algicides to waters of | 9 | | the State. Such delegation
agreements will require that the | 10 | | work to be performed thereunder will be
in accordance with | 11 | | Agency criteria, subject to Agency review, and shall
include | 12 | | such financial and program auditing by the Agency as may be | 13 | | required.
| 14 | | (h) The Agency shall have authority to require the | 15 | | submission of
complete plans and specifications from any | 16 | | applicant for a permit
required by this Act or by regulations | 17 | | thereunder, and to require the
submission of such reports | 18 | | regarding actual or potential violations of
this Act, any rule | 19 | | or regulation adopted under this Act, any permit or
term or | 20 | | condition of a permit, or any Board order, as may be necessary | 21 | | for the purposes of
this Act.
| 22 | | (i) The Agency shall have authority to make recommendations | 23 | | to the
Board for the adoption of regulations under Title VII of | 24 | | the Act.
| 25 | | (j) The Agency shall have the duty to represent the State | 26 | | of
Illinois in any and all matters pertaining to plans, |
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| 1 | | procedures, or
negotiations for interstate compacts or other | 2 | | governmental arrangements
relating to environmental | 3 | | protection.
| 4 | | (k) The Agency shall have the authority to accept, receive, | 5 | | and
administer on behalf of the State any grants, gifts, loans, | 6 | | indirect cost
reimbursements, or other funds made available to | 7 | | the State from any source
for purposes of this Act or for air | 8 | | or water pollution control, public water
supply, solid waste | 9 | | disposal, noise abatement, or other environmental
protection | 10 | | activities, surveys, or programs. Any federal funds received by | 11 | | the
Agency pursuant to this subsection shall be deposited in a | 12 | | trust fund with the
State Treasurer and held and disbursed by | 13 | | him in accordance with Treasurer as
Custodian of Funds Act, | 14 | | provided that such monies shall be used only for the
purposes | 15 | | for which they are contributed and any balance remaining shall | 16 | | be
returned to the contributor.
| 17 | | The Agency is authorized to promulgate such regulations and | 18 | | enter
into such contracts as it may deem necessary for carrying | 19 | | out the
provisions of this subsection.
| 20 | | (l) The Agency is hereby designated as water pollution | 21 | | agency for
the state for all purposes of the Federal Water | 22 | | Pollution Control Act, as
amended; as implementing agency for | 23 | | the State for all purposes of the Safe
Drinking Water Act, | 24 | | Public Law 93-523, as now or hereafter amended, except
Section | 25 | | 1425 of that Act; as air pollution agency for the state for all
| 26 | | purposes of the Clean Air Act of 1970, Public Law 91-604, |
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| 1 | | approved December 31,
1970, as amended; and as solid waste | 2 | | agency for the state for all purposes of
the Solid Waste | 3 | | Disposal Act, Public Law 89-272, approved October 20, 1965,
and | 4 | | amended by the Resource Recovery Act of 1970, Public Law | 5 | | 91-512, approved
October 26, 1970, as amended, and amended by | 6 | | the Resource Conservation and
Recovery Act of 1976, (P.L. | 7 | | 94-580) approved October 21, 1976, as amended; as
noise control | 8 | | agency for the state for all purposes of the Noise Control Act | 9 | | of
1972, Public Law 92-574, approved October 27, 1972, as | 10 | | amended; and as
implementing agency for the State for all | 11 | | purposes of the Comprehensive
Environmental Response, | 12 | | Compensation, and Liability Act of 1980 (P.L. 96-510),
as | 13 | | amended; and otherwise as pollution control agency for the | 14 | | State pursuant
to federal laws integrated with the foregoing | 15 | | laws, for financing purposes or
otherwise. The Agency is hereby | 16 | | authorized to take all action necessary or
appropriate to | 17 | | secure to the State the benefits of such federal Acts, provided
| 18 | | that the Agency shall transmit to the United States without | 19 | | change any
standards adopted by the Pollution Control Board | 20 | | pursuant to Section 5(c) of
this Act. This subsection (l) of | 21 | | Section 4 shall not be construed to bar or
prohibit the | 22 | | Environmental Protection Trust Fund Commission from accepting,
| 23 | | receiving, and administering on behalf of the State any grants, | 24 | | gifts,
loans or other funds for which the Commission is | 25 | | eligible pursuant to the
Environmental Protection Trust Fund | 26 | | Act. The Agency is hereby designated as
the State agency for |
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| 1 | | all purposes of administering the requirements of Section
313 | 2 | | of the federal Emergency Planning and Community Right-to-Know | 3 | | Act of 1986.
| 4 | | Any municipality, sanitary district, or other political | 5 | | subdivision,
or any Agency of the State or interstate Agency, | 6 | | which makes application
for loans or grants under such federal | 7 | | Acts shall notify the Agency of
such application; the Agency | 8 | | may participate in proceedings under such
federal Acts.
| 9 | | (m) The Agency shall have authority, consistent with | 10 | | Section 5(c)
and other provisions of this Act, and for purposes | 11 | | of Section 303(e) of
the Federal Water Pollution Control Act, | 12 | | as now or hereafter amended,
to engage in planning processes | 13 | | and activities and to develop
plans in cooperation with units | 14 | | of local government, state agencies and
officers, and other | 15 | | appropriate persons in connection with the
jurisdiction or | 16 | | duties of each such unit, agency, officer or person.
Public | 17 | | hearings shall be held on the planning process, at which any
| 18 | | person shall be permitted to appear and be heard, pursuant to | 19 | | procedural
regulations promulgated by the Agency.
| 20 | | (n) In accordance with the powers conferred upon the Agency | 21 | | by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the | 22 | | Agency shall
have authority to establish and enforce minimum | 23 | | standards for the
operation of laboratories relating to | 24 | | analyses and laboratory tests for
air pollution, water | 25 | | pollution, noise emissions, contaminant discharges
onto land | 26 | | and sanitary, chemical, and mineral quality of water
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| 1 | | distributed by a public water supply. The Agency may enter into | 2 | | formal
working agreements with other departments or agencies of | 3 | | state
government under which all or portions of this authority | 4 | | may be
delegated to the cooperating department or agency.
| 5 | | (o) The Agency shall have the authority to issue | 6 | | certificates of
competency to persons and laboratories meeting | 7 | | the minimum standards
established by the Agency in accordance | 8 | | with Section 4(n) of this Act
and to promulgate and enforce | 9 | | regulations relevant to the issuance and
use of such | 10 | | certificates. The Agency may enter into formal working
| 11 | | agreements with other departments or agencies of state | 12 | | government under
which all or portions of this authority may be | 13 | | delegated to the
cooperating department or agency.
| 14 | | (p) Except as provided in Section 17.7, the Agency shall | 15 | | have the
duty to analyze samples as required
from each public | 16 | | water supply to determine compliance with the
contaminant | 17 | | levels specified by the Pollution Control Board. The maximum
| 18 | | number of samples which the Agency shall be required to analyze | 19 | | for
microbiological quality shall be 6 per month, but the | 20 | | Agency may, at its
option, analyze a larger number each month | 21 | | for any supply. Results of
sample analyses for additional | 22 | | required bacteriological testing,
turbidity, residual chlorine | 23 | | and radionuclides are to be provided to the
Agency in | 24 | | accordance with Section 19. Owners of water supplies may enter
| 25 | | into agreements with the Agency to provide for reduced Agency
| 26 | | participation in sample analyses.
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| 1 | | (q) The Agency shall have the authority to provide notice | 2 | | to any
person who may be liable pursuant to Section 22.2(f) of | 3 | | this Act for a
release or a substantial threat of a release of | 4 | | a hazardous substance or
pesticide. Such notice shall include | 5 | | the identified response action and an
opportunity for such | 6 | | person to perform the response action.
| 7 | | (r) The Agency may enter into written delegation agreements | 8 | | with any
unit of local government under which it may delegate | 9 | | all or portions of its
inspecting, investigating and | 10 | | enforcement functions. Such delegation
agreements shall | 11 | | require that work performed thereunder be in accordance
with | 12 | | Agency criteria and subject to Agency review.
Notwithstanding | 13 | | any other provision of law to the contrary, no unit of
local | 14 | | government shall be liable for any injury resulting from the | 15 | | exercise
of its authority pursuant to such a delegation | 16 | | agreement unless the injury
is proximately caused by the | 17 | | willful and wanton negligence of an agent or
employee of the | 18 | | unit of local government, and any policy of insurance
coverage | 19 | | issued to a unit of local government may provide for the denial | 20 | | of
liability and the nonpayment of claims based upon injuries | 21 | | for which the unit
of local government is not liable pursuant | 22 | | to this subsection (r).
| 23 | | (s) The Agency shall have authority to take whatever | 24 | | preventive or
corrective action is necessary or appropriate, | 25 | | including but not limited to
expenditure of monies appropriated | 26 | | from the Build Illinois Bond Fund and
the Build Illinois |
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| 1 | | Purposes Fund for removal or remedial action, whenever
any | 2 | | hazardous substance or pesticide is released or
there is a | 3 | | substantial threat of such a release into the environment. The
| 4 | | State, the Director, and any State employee shall be | 5 | | indemnified for any
damages or injury arising out of or | 6 | | resulting from any action taken under
this subsection. The | 7 | | Director of the Agency is authorized to enter into
such | 8 | | contracts and agreements as are necessary
to carry out the | 9 | | Agency's duties under this subsection.
| 10 | | (t) The Agency shall have authority to distribute grants, | 11 | | subject to
appropriation by the General Assembly, to units of | 12 | | local government for financing and construction of
wastewater | 13 | | facilities in both incorporated and unincorporated areas. With | 14 | | respect to all monies appropriated
from the Build Illinois Bond | 15 | | Fund and the Build Illinois Purposes
Fund for wastewater | 16 | | facility grants, the Agency shall make
distributions in | 17 | | conformity with the rules and regulations established
pursuant | 18 | | to the Anti-Pollution Bond Act, as now or hereafter amended.
| 19 | | (u) Pursuant to the Illinois Administrative Procedure Act, | 20 | | the
Agency shall have the authority to adopt such rules as are | 21 | | necessary or
appropriate for the Agency to implement Section | 22 | | 31.1 of this Act.
| 23 | | (v) (Blank.)
| 24 | | (w) Neither the State, nor the Director, nor the Board, nor | 25 | | any State
employee shall be liable for any damages or injury | 26 | | arising out of or
resulting from any action taken under |
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| 1 | | subsection (s).
| 2 | | (x)(1) The Agency shall have authority to distribute | 3 | | grants, subject to
appropriation by the General Assembly, to | 4 | | units of local government for
financing and construction of | 5 | | public water supply facilities. With respect
to all monies | 6 | | appropriated from the Build Illinois Bond Fund or the Build
| 7 | | Illinois Purposes Fund for public water supply grants, such | 8 | | grants shall be
made in accordance with rules promulgated by | 9 | | the Agency.
Such rules shall include a requirement for a local | 10 | | match of 30% of the
total project cost for projects funded | 11 | | through such grants.
| 12 | | (2) The Agency shall not terminate a grant to a unit of | 13 | | local government
for the financing and construction of public | 14 | | water supply facilities unless
and until the Agency adopts | 15 | | rules that set forth precise and complete
standards, pursuant | 16 | | to Section 5-20 of the Illinois Administrative
Procedure Act, | 17 | | for the termination of such grants. The Agency shall not
make | 18 | | determinations on whether specific grant conditions are | 19 | | necessary to
ensure the integrity of a project or on whether | 20 | | subagreements shall be
awarded, with respect to grants for the | 21 | | financing and construction of
public water supply facilities, | 22 | | unless and until the Agency adopts rules
that set forth precise | 23 | | and complete standards, pursuant to Section 5-20
of the | 24 | | Illinois Administrative Procedure Act, for making such
| 25 | | determinations. The Agency shall not issue a stop-work order in | 26 | | relation to
such grants unless and until the Agency adopts |
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| 1 | | precise and complete standards,
pursuant to Section 5-20 of the | 2 | | Illinois Administrative Procedure Act, for
determining whether | 3 | | to issue a stop-work order.
| 4 | | (y) The Agency shall have authority to release any person | 5 | | from further
responsibility for preventive or corrective | 6 | | action under this Act following
successful completion of | 7 | | preventive or corrective action undertaken by such
person upon | 8 | | written request by the person.
| 9 | | (z) To the extent permitted by any applicable federal law | 10 | | or regulation, for all work performed for State construction | 11 | | projects which are funded in whole or in part by a capital | 12 | | infrastructure bill enacted by the 96th General Assembly by | 13 | | sums appropriated to the Environmental Protection Agency, at | 14 | | least 50% of the total labor hours must be performed by actual | 15 | | residents of the State of Illinois. For purposes of this | 16 | | subsection, "actual residents of the State of Illinois" means | 17 | | persons domiciled in the State of Illinois. The Department of | 18 | | Labor shall promulgate rules providing for the enforcement of | 19 | | this subsection. | 20 | | (aa) The Agency may adopt rules requiring the electronic | 21 | | submission of any information required to be submitted to the | 22 | | Agency pursuant to any State or federal law or regulation or | 23 | | any court or Board order. Any rules adopted under this | 24 | | subsection (aa) must include, but are not limited to, | 25 | | identification of the information to be submitted | 26 | | electronically. |
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| 1 | | (Source: P.A. 99-937, eff. 2-24-17; 100-1179, eff. 1-18-19.)
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