Full Text of HB0464 101st General Assembly
HB0464 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0464 Introduced , by Rep. Michael J. Madigan 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 qualified | 12 | | members, no more than 3 of whom may be of the same
political | 13 | | party, to be appointed by the Governor with the advice and | 14 | | consent
of the Senate. Members shall have verifiable technical, | 15 | | academic, or actual
experience in the field of pollution | 16 | | control or environmental law and
regulation.
| 17 | | One member shall be appointed for a term ending July 1, | 18 | | 2004,
2 shall be appointed for terms ending July 1, 2005, and 2 | 19 | | shall be appointed
for terms ending July 1, 2006. Thereafter, | 20 | | all members shall hold office for
3 years from the first day of | 21 | | July in the year in which they were appointed,
except in case | 22 | | of an appointment to fill a vacancy. In case of a vacancy in
| 23 | | the office when the Senate is not in session, the Governor may |
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| 1 | | make a temporary
appointment until the next meeting of the | 2 | | Senate, when he or she shall
nominate some person to fill such | 3 | | office; and any person so nominated, who is
confirmed by the | 4 | | Senate, shall hold the office during the remainder of the
term.
| 5 | | Members of the Board shall hold office until their | 6 | | respective successors
have been appointed and qualified. Any | 7 | | member may resign from office, such
resignation to take effect | 8 | | when a successor has been appointed and has
qualified.
| 9 | | Board members shall be paid $37,000 per year or an amount | 10 | | set by the
Compensation Review Board, whichever is greater, and | 11 | | the Chairman shall
be paid $43,000 per year or an amount set by | 12 | | the Compensation Review Board,
whichever is greater. Each | 13 | | member shall devote his or her entire time to the
duties of the | 14 | | office, and shall hold no other office or position of profit, | 15 | | nor
engage in any other business, employment, or vocation. Each | 16 | | member shall be
reimbursed for expenses necessarily incurred | 17 | | and shall make a financial disclosure upon
appointment.
| 18 | | The Board may employ one assistant for each member and 2 | 19 | | assistants for the
Chairman. The Board also may employ and
| 20 | | compensate hearing officers to preside at hearings under this | 21 | | Act, and such
other personnel as may be necessary. Hearing | 22 | | officers shall be attorneys
licensed to practice law in | 23 | | Illinois.
| 24 | | The Board may have an Executive Director; if so, the | 25 | | Executive Director
shall be appointed by the Governor with the | 26 | | advice and consent of the Senate.
The salary and duties of the |
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| 1 | | Executive Director shall be fixed by the Board.
| 2 | | The Governor shall designate one Board member to be | 3 | | Chairman, who
shall serve at the pleasure of the Governor.
| 4 | | The Board shall hold at least one meeting each month and | 5 | | such
additional meetings as may be prescribed by Board rules. | 6 | | In addition,
special meetings may be called by the Chairman or | 7 | | by any 2 Board
members, upon delivery of 48 hours written | 8 | | notice to the office of each
member. All Board meetings shall | 9 | | be open to the public, and public
notice of all meetings shall | 10 | | be given at least 48 hours in
advance of each meeting. In | 11 | | emergency situations in which a majority of
the Board certifies | 12 | | that exigencies of time require the requirements of
public | 13 | | notice and of 24 hour written notice to members may be
| 14 | | dispensed with, and Board members shall receive such notice as | 15 | | is
reasonable under the circumstances.
| 16 | | Three members of the Board shall
constitute a quorum to | 17 | | transact business; and the affirmative vote of 3 members is | 18 | | necessary to adopt any order. The Board shall keep a complete | 19 | | and accurate record of all its
meetings.
| 20 | | (b) The Board shall determine, define and implement the
| 21 | | environmental control standards applicable in the State of | 22 | | Illinois and
may adopt rules and regulations in accordance with | 23 | | Title VII of this Act.
| 24 | | (c) The Board shall have authority to act for the State in | 25 | | regard to
the adoption of standards for submission to the | 26 | | United States under any
federal law respecting environmental |
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| 1 | | protection. Such standards shall be
adopted in accordance with | 2 | | Title VII of the Act and upon adoption shall
be forwarded to | 3 | | the Environmental Protection Agency for submission to
the | 4 | | United States pursuant to subsections (l) and (m) of Section 4 | 5 | | of this
Act. Nothing in this paragraph shall limit the | 6 | | discretion of the Governor to
delegate authority granted to the | 7 | | Governor under any federal law.
| 8 | | (d) The Board shall have authority to conduct proceedings
| 9 | | upon complaints charging violations of this Act, any rule or | 10 | | regulation
adopted under this Act, any permit or term or | 11 | | condition of a permit, or any
Board order; upon
administrative | 12 | | citations; upon petitions for variances, adjusted standards, | 13 | | or time-limited water quality standards;
upon petitions for | 14 | | review of the Agency's final determinations on permit
| 15 | | applications in accordance with Title X of this Act; upon | 16 | | petitions to remove
seals under Section 34 of this Act; and | 17 | | upon other petitions for review of
final determinations which | 18 | | are made pursuant to this Act or Board rule and
which involve a | 19 | | subject which the Board is authorized to regulate. The Board
| 20 | | may also conduct other proceedings as may be provided by this | 21 | | Act or any other
statute or rule.
| 22 | | (e) In connection with any proceeding pursuant to
| 23 | | subsection (b) or (d) of this Section, the Board may
subpoena | 24 | | and compel the attendance of witnesses and the production of | 25 | | evidence
reasonably necessary to resolution of the matter under | 26 | | consideration. The
Board shall issue such subpoenas upon the |
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| 1 | | request of any party to a proceeding
under subsection (d) of | 2 | | this Section or upon its own motion.
| 3 | | (f) The Board may prescribe reasonable fees for permits | 4 | | required
pursuant to this Act. Such fees in the aggregate may | 5 | | not exceed the total
cost to the Agency for its inspection and | 6 | | permit systems. The Board may not
prescribe any permit fees | 7 | | which are different in amount from those established
by this | 8 | | Act.
| 9 | | (Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17; | 10 | | 100-863, eff. 8-14-18.)
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