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90_SB0791
415 ILCS 5/5 from Ch. 111 1/2, par. 1005
Amends the Environmental Protection Act to prohibit
Pollution Control Board members, employees, and hearing
officers from engaging in certain ex parte communications
relating to an adjudicatory case or rulemaking proceeding
pending before the Board. Sets forth exceptions and provides
for the inclusion of ex parte communications in the record of
the pending case or proceeding. Effective immediately.
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1 AN ACT to amend the Environmental Protection Act by
2 changing Section 5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended by
6 changing Section 5 as follows:
7 (415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
8 Sec. 5. Pollution Control Board.
9 (a) There is hereby created an independent board to be
10 known as the Pollution Control Board, consisting of 7
11 technically qualified members, no more than 4 of whom may be
12 of the same political party, to be appointed by the Governor
13 with the advice and consent of the Senate. One of the members
14 of the Board first appointed shall be appointed for an
15 initial term expiring July 1, 1971; two members shall be
16 appointed for initial terms expiring July 1, 1972; two
17 members shall be appointed for initial terms expiring July 1,
18 1973; and the two members appointed pursuant to this
19 amendatory Act of 1983 shall be appointed for initial terms
20 expiring on July 1, 1986.
21 Notwithstanding any provision of this Section to the
22 contrary, the term of office of each member of the Board is
23 abolished on the effective date of this amendatory Act of
24 1985, but the incumbent members shall continue to exercise
25 all of the powers and be subject to all of the duties of
26 members of the Board until their respective successors are
27 appointed and qualified. Thereafter, 3 members of the Board
28 shall be appointed to initial terms expiring July 1, 1986; 2
29 members of the Board shall be appointed to initial terms
30 expiring July 1, 1987; and 2 members of the Board shall be
31 appointed to initial terms expiring July 1, 1988.
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1 All successors shall hold office for three years from the
2 first day of July in the year in which they were appointed
3 except in case of an appointment to fill a vacancy. In case
4 of a vacancy in the office when the Senate is not in session,
5 the Governor may make a temporary appointment until the next
6 meeting of the Senate when he shall nominate some person to
7 fill such office; and any person so nominated, who is
8 confirmed by the Senate, shall hold his office during the
9 remainder of the term. If the Senate is not in session at the
10 time this Act takes effect, the Governor shall make temporary
11 appointments as in case of vacancies.
12 Members of the Board shall hold office until their
13 respective successors have been appointed and qualified. Any
14 member may resign from his office, such resignation to take
15 effect when his successor has been appointed and has
16 qualified.
17 Board members shall be paid $30,000 per year until July
18 1, 1979; $33,000 from July 1, 1979 to July 1, 1980; $34,900
19 from July 1, 1980 to July 1, 1981; and $37,000 per year
20 thereafter, or an amount set by the Compensation Review
21 Board, whichever is greater, and the Chairman shall be paid
22 $35,000 per year until July 1, 1979; $38,500 from July 1,
23 1979 to July 1, 1980; $40,800 from July 1, 1980 to July 1,
24 1981 and $43,000 per year thereafter, or an amount set by the
25 Compensation Review Board, whichever is greater. Each member
26 shall be reimbursed for expenses necessarily incurred, shall
27 devote full time to the performance of his duties and shall
28 make a financial disclosure upon appointment. Each Board
29 member may employ one secretary and one assistant, and the
30 Chairman one secretary and two assistants. The Board also may
31 employ and compensate hearing officers to preside at hearings
32 under this Act, and such other personnel as may be necessary.
33 Hearing officers shall be attorneys licensed to practice law
34 in Illinois.
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1 The Governor shall designate one Board member to be
2 Chairman, who shall serve at the pleasure of the Governor.
3 The Board shall hold at least one meeting each month and
4 such additional meetings as may be prescribed by Board rules.
5 In addition, special meetings may be called by the Chairman
6 or by any two Board members, upon delivery of 24 hours
7 written notice to the office of each member. All Board
8 meetings shall be open to the public, and public notice of
9 all meetings shall be given at least 24 hours in advance of
10 each meeting. In emergency situations in which a majority of
11 the Board certifies that exigencies of time require the
12 requirements of public notice and of 24 hour written notice
13 to members may be dispensed with, and Board members shall
14 receive such notice as is reasonable under the circumstances.
15 Four members of the Board shall constitute a quorum, and
16 4 votes shall be required for any final determination by the
17 Board, except in a proceeding to remove a seal under
18 paragraph (d) of Section 34 of this Act. The Board shall keep
19 a complete 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
23 with Title VII of this Act.
24 (c) The Board shall have authority to act for the State
25 in regard to the adoption of standards for submission to the
26 United States under any federal law respecting environmental
27 protection. Such standards shall be adopted in accordance
28 with Title VII of the Act and upon adoption shall be
29 forwarded to the Environmental Protection Agency for
30 submission to the United States pursuant to subsections (l)
31 and (m) of Section 4 of this Act. Nothing in this paragraph
32 shall limit the discretion of the Governor to delegate
33 authority granted him under any federal law.
34 (d) The Board shall have authority to conduct hearings
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1 upon complaints charging violations of this Act or of
2 regulations thereunder; upon petitions for variances; upon
3 petitions for review of the Agency's denial of a permit in
4 accordance with Title X of this Act; upon petition to remove
5 a seal under Section 34 of this Act; upon other petitions for
6 review of final determinations which are made pursuant to the
7 Act or Board rule and which involve a subject which the Board
8 is authorized to regulate; and such other hearings as may be
9 provided by rule.
10 (e) In connection with any hearing pursuant to
11 subsections (b) or (d) of this Section the Board may subpoena
12 and compel the attendance of witnesses and the production of
13 evidence reasonably necessary to resolution of the matter
14 under consideration. The Board shall issue such subpoenas
15 upon the request of any party to a proceeding under
16 subsection (d) of this Section or upon its own motion.
17 (f) The Board may prescribe reasonable fees for permits
18 required pursuant to this Act. Such fees in the aggregate
19 may not exceed the total cost to the Agency for its
20 inspection and permit systems. The Board may not prescribe
21 any permit fees which are different in amount from those
22 established by this Act.
23 (g) (1) No Board member, hearing officer, or employee
24 of the Board shall communicate ex parte with a person not
25 employed by the Board with respect to the substance of an
26 adjudicatory case or rulemaking proceeding pending before
27 the Board.
28 (2) Information that is received concerning an
29 individual pollution source during a rulemaking
30 proceeding shall not be considered an ex parte contact in
31 the event that a case is currently pending before the
32 Board or a case is later filed concerning the source.
33 (3) An ex parte communication received by a Board
34 member, hearing officer, or employee shall be made part
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1 of the record of the pending matter, including but not
2 limited to all written communications, all written
3 responses to communications, and a memorandum stating the
4 substance of all oral communications and all responses
5 made and the identity of each person from whom the ex
6 parte communication was received.
7 (4) Communications regarding matters of procedure
8 and practice, such as the format of pleadings, number of
9 copies required, manner of service, and status of
10 proceedings, are not considered ex parte communications
11 for purposes of this subsection.
12 (Source: P.A. 84-1308.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.