Public Act 098-0072
Public Act 0072 98TH GENERAL ASSEMBLY
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Public Act 098-0072
| | SB0033 Enrolled | LRB098 00247 JDS 30251 b |
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| AN ACT concerning safety.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Environmental Protection Act is amended by | changing Section 4 as follows:
| (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
| Sec. 4. Environmental Protection Agency; establishment; | duties.
| (a) There is established in the Executive Branch of the | State Government an
agency to be known as the Environmental | Protection Agency. This Agency shall
be under the supervision | and direction of a Director who shall be appointed by
the | Governor with the advice and consent of the Senate. The term of | office
of the Director shall expire on the third Monday of | January in odd numbered
years, provided that he or she shall | hold office until a successor is appointed
and has qualified. | The Director shall
receive an annual salary as set by
the | Compensation Review Board. The Director, in accord with the | Personnel Code, shall employ and
direct such personnel, and | shall provide for such laboratory and other
facilities, as may | be necessary to carry out the purposes of this Act. In
| addition, the Director may by agreement secure such services as | he or she
may deem necessary from any other department, agency, |
| or unit of the State
Government, and may employ and compensate | such consultants and technical
assistants as may be required.
| (b) The Agency shall have the duty to collect and | disseminate such
information, acquire such technical data, and | conduct such experiments
as may be required to carry out the | purposes of this Act, including
ascertainment of the quantity | and nature of discharges from any
contaminant source and data | on those sources, and to operate and arrange
for the operation | of devices for the monitoring of environmental quality.
| (c) The Agency shall have authority to conduct a program of
| continuing surveillance and of regular or periodic inspection | of actual
or potential contaminant or noise sources, of public | water supplies, and
of refuse disposal sites.
| (d) In accordance with constitutional limitations,
the | Agency shall have authority to enter at all reasonable times
| upon any private or public property for the purpose of:
| (1) Inspecting and investigating to ascertain possible | violations of
this Act, any rule or regulation adopted | under this Act, any permit or
term or condition of a | permit, or any Board order; or
| (2) In accordance with the provisions of this Act, | taking whatever
preventive or corrective action, including | but not limited to removal or
remedial action, that is | necessary or appropriate whenever there is a
release or a | substantial threat of a release of (A) a hazardous
| substance or pesticide or (B) petroleum from an underground |
| storage tank.
| (e) The Agency shall have the duty to investigate | violations of this
Act, any rule or regulation adopted under | this Act, any permit or
term or condition of a permit, or any | Board order;
to issue administrative citations as provided in | Section 31.1 of this
Act; and to take such summary enforcement | action as is provided
for by Section 34 of this Act.
| (f) The Agency shall appear before the Board in any hearing | upon a
petition for variance, the denial of a permit, or the | validity or effect
of a rule or regulation of the Board, and | shall have the authority to
appear before the Board in any | hearing under the Act.
| (g) The Agency shall have the duty to administer, in accord | with
Title X of this Act, such permit and certification systems | as may be
established by this Act or by regulations adopted | thereunder.
The Agency may enter into written delegation | agreements with any department,
agency, or unit of State or | local government under which all or portions
of this duty may | be delegated for public water supply storage and transport
| systems, sewage collection and transport systems, air | pollution control
sources with uncontrolled emissions of 100 | tons per year or less and
application of algicides to waters of | the State. Such delegation
agreements will require that the | work to be performed thereunder will be
in accordance with | Agency criteria, subject to Agency review, and shall
include | such financial and program auditing by the Agency as may be |
| required.
| (h) The Agency shall have authority to require the | submission of
complete plans and specifications from any | applicant for a permit
required by this Act or by regulations | thereunder, and to require the
submission of such reports | regarding actual or potential violations of
this Act, any rule | or regulation adopted under this Act, any permit or
term or | condition of a permit, or any Board order, as may be necessary | for the purposes of
this Act.
| (i) The Agency shall have authority to make recommendations | to the
Board for the adoption of regulations under Title VII of | the Act.
| (j) The Agency shall have the duty to represent the State | of
Illinois in any and all matters pertaining to plans, | procedures, or
negotiations for interstate compacts or other | governmental arrangements
relating to environmental | protection.
| (k) The Agency shall have the authority to accept, receive, | and
administer on behalf of the State any grants, gifts, loans, | indirect cost
reimbursements, or other funds made available to | the State from any source
for purposes of this Act or for air | or water pollution control, public water
supply, solid waste | disposal, noise abatement, or other environmental
protection | activities, surveys, or programs. Any federal funds received by | the
Agency pursuant to this subsection shall be deposited in a | trust fund with the
State Treasurer and held and disbursed by |
| him in accordance with Treasurer as
Custodian of Funds Act, | provided that such monies shall be used only for the
purposes | for which they are contributed and any balance remaining shall | be
returned to the contributor.
| The Agency is authorized to promulgate such regulations and | enter
into such contracts as it may deem necessary for carrying | out the
provisions of this subsection.
| (l) The Agency is hereby designated as water pollution | agency for
the state for all purposes of the Federal Water | Pollution Control Act, as
amended; as implementing agency for | the State for all purposes of the Safe
Drinking Water Act, | Public Law 93-523, as now or hereafter amended, except
Section | 1425 of that Act; as air pollution agency for the state for all
| purposes of the Clean Air Act of 1970, Public Law 91-604, | approved December 31,
1970, as amended; and as solid waste | agency for the state for all purposes of
the Solid Waste | Disposal Act, Public Law 89-272, approved October 20, 1965,
and | amended by the Resource Recovery Act of 1970, Public Law | 91-512, approved
October 26, 1970, as amended, and amended by | the Resource Conservation and
Recovery Act of 1976, (P.L. | 94-580) approved October 21, 1976, as amended; as
noise control | agency for the state for all purposes of the Noise Control Act | of
1972, Public Law 92-574, approved October 27, 1972, as | amended; and as
implementing agency for the State for all | purposes of the Comprehensive
Environmental Response, | Compensation, and Liability Act of 1980 (P.L. 96-510),
as |
| amended; and otherwise as pollution control agency for the | State pursuant
to federal laws integrated with the foregoing | laws, for financing purposes or
otherwise. The Agency is hereby | authorized to take all action necessary or
appropriate to | secure to the State the benefits of such federal Acts, provided
| that the Agency shall transmit to the United States without | change any
standards adopted by the Pollution Control Board | pursuant to Section 5(c) of
this Act. This subsection (l) of | Section 4 shall not be construed to bar or
prohibit the | Environmental Protection Trust Fund Commission from accepting,
| receiving, and administering on behalf of the State any grants, | gifts,
loans or other funds for which the Commission is | eligible pursuant to the
Environmental Protection Trust Fund | Act. The Agency is hereby designated as
the State agency for | all purposes of administering the requirements of Section
313 | of the federal Emergency Planning and Community Right-to-Know | Act of 1986.
| Any municipality, sanitary district, or other political | subdivision,
or any Agency of the State or interstate Agency, | which makes application
for loans or grants under such federal | Acts shall notify the Agency of
such application; the Agency | may participate in proceedings under such
federal Acts.
| (m) The Agency shall have authority, consistent with | Section 5(c)
and other provisions of this Act, and for purposes | of Section 303(e) of
the Federal Water Pollution Control Act, | as now or hereafter amended,
to engage in planning processes |
| and activities and to develop
plans in cooperation with units | of local government, state agencies and
officers, and other | appropriate persons in connection with the
jurisdiction or | duties of each such unit, agency, officer or person.
Public | hearings shall be held on the planning process, at which any
| person shall be permitted to appear and be heard, pursuant to | procedural
regulations promulgated by the Agency.
| (n) In accordance with the powers conferred upon the Agency | by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the | Agency shall
have authority to establish and enforce minimum | standards for the
operation of laboratories relating to | analyses and laboratory tests for
air pollution, water | pollution, noise emissions, contaminant discharges
onto land | and sanitary, chemical, and mineral quality of water
| distributed by a public water supply. The Agency may enter into | formal
working agreements with other departments or agencies of | state
government under which all or portions of this authority | may be
delegated to the cooperating department or agency.
| (o) The Agency shall have the authority to issue | certificates of
competency to persons and laboratories meeting | the minimum standards
established by the Agency in accordance | with Section 4(n) of this Act
and to promulgate and enforce | regulations relevant to the issuance and
use of such | certificates. The Agency may enter into formal working
| agreements with other departments or agencies of state | government under
which all or portions of this authority may be |
| delegated to the
cooperating department or agency.
| (p) Except as provided in Section 17.7, the Agency shall | have the
duty to analyze samples as required
from each public | water supply to determine compliance with the
contaminant | levels specified by the Pollution Control Board. The maximum
| number of samples which the Agency shall be required to analyze | for
microbiological quality shall be 6 per month, but the | Agency may, at its
option, analyze a larger number each month | for any supply. Results of
sample analyses for additional | required bacteriological testing,
turbidity, residual chlorine | and radionuclides are to be provided to the
Agency in | accordance with Section 19. Owners of water supplies may enter
| into agreements with the Agency to provide for reduced Agency
| participation in sample analyses.
| (q) The Agency shall have the authority to provide notice | to any
person who may be liable pursuant to Section 22.2(f) of | this Act for a
release or a substantial threat of a release of | a hazardous substance or
pesticide. Such notice shall include | the identified response action and an
opportunity for such | person to perform the response action.
| (r) The Agency may enter into written delegation agreements | with any
unit of local government under which it may delegate | all or portions of its
inspecting, investigating and | enforcement functions. Such delegation
agreements shall | require that work performed thereunder be in accordance
with | Agency criteria and subject to Agency review.
Notwithstanding |
| any other provision of law to the contrary, no unit of
local | government shall be liable for any injury resulting from the | exercise
of its authority pursuant to such a delegation | agreement unless the injury
is proximately caused by the | willful and wanton negligence of an agent or
employee of the | unit of local government, and any policy of insurance
coverage | issued to a unit of local government may provide for the denial | of
liability and the nonpayment of claims based upon injuries | for which the unit
of local government is not liable pursuant | to this subsection (r).
| (s) The Agency shall have authority to take whatever | preventive or
corrective action is necessary or appropriate, | including but not limited to
expenditure of monies appropriated | from the Build Illinois Bond Fund and
the Build Illinois | Purposes Fund for removal or remedial action, whenever
any | hazardous substance or pesticide is released or
there is a | substantial threat of such a release into the environment. The
| State, the Director, and any State employee shall be | indemnified for any
damages or injury arising out of or | resulting from any action taken under
this subsection. The | Director of the Agency is authorized to enter into
such | contracts and agreements as are necessary
to carry out the | Agency's duties under this subsection.
| (t) The Agency shall have authority to distribute grants, | subject to
appropriation by the General Assembly, to units of | local government for financing and construction of
wastewater |
| facilities in both incorporated and unincorporated areas. With | respect to all monies appropriated
from the Build Illinois Bond | Fund and the Build Illinois Purposes
Fund for wastewater | facility grants, the Agency shall make
distributions in | conformity with the rules and regulations established
pursuant | to the Anti-Pollution Bond Act, as now or hereafter amended.
| (u) Pursuant to the Illinois Administrative Procedure Act, | the
Agency shall have the authority to adopt such rules as are | necessary or
appropriate for the Agency to implement Section | 31.1 of this Act.
| (v) (Blank.)
| (w) Neither the State, nor the Director, nor the Board, nor | any State
employee shall be liable for any damages or injury | arising out of or
resulting from any action taken under | subsection (s).
| (x)(1) The Agency shall have authority to distribute | grants, subject to
appropriation by the General Assembly, | to units of local government for
financing and construction | of public water supply facilities. With respect
to all | monies appropriated from the Build Illinois Bond Fund or | the Build
Illinois Purposes Fund for public water supply | grants, such grants shall be
made in accordance with rules | promulgated by the Agency.
Such rules shall include a | requirement for a local match of 30% of the
total project | cost for projects funded through such grants.
| (2) The Agency shall not terminate a grant to a unit of |
| local government
for the financing and construction of | public water supply facilities unless
and until the Agency | adopts rules that set forth precise and complete
standards, | pursuant to Section 5-20 of the Illinois Administrative
| Procedure Act, for the termination of such grants. The | Agency shall not
make determinations on whether specific | grant conditions are necessary to
ensure the integrity of a | project or on whether subagreements shall be
awarded, with | respect to grants for the financing and construction of
| public water supply facilities, unless and until the Agency | adopts rules
that set forth precise and complete standards, | pursuant to Section 5-20
of the Illinois Administrative | Procedure Act, for making such
determinations. The Agency | shall not issue a stop-work order in relation to
such | grants unless and until the Agency adopts precise and | complete standards,
pursuant to Section 5-20 of the | Illinois Administrative Procedure Act, for
determining | whether to issue a stop-work order.
| (y) The Agency shall have authority to release any person | from further
responsibility for preventive or corrective | action under this Act following
successful completion of | preventive or corrective action undertaken by such
person upon | written request by the person.
| (z) To the extent permitted by any applicable federal law | or regulation, for all work performed for State construction | projects which are funded in whole or in part by a capital |
| infrastructure bill enacted by the 96th General Assembly by | sums appropriated to the Environmental Protection Agency, at | least 50% of the total labor hours must be performed by actual | residents of the State of Illinois. For purposes of this | subsection, "actual residents of the State of Illinois" means | persons domiciled in the State of Illinois. The Department of | Labor shall promulgate rules providing for the enforcement of | this subsection. | (aa) The Agency may adopt rules requiring the electronic | submission of any information required to be submitted to the | Agency pursuant to any State or federal law or regulation or | any court or Board order. Any rules adopted under this | subsection (aa) must include, but are not limited to, | identification of the information to be submitted | electronically. | (Source: P.A. 96-37, eff. 7-13-09; 96-503, eff. 8-14-09; | 96-800, eff. 10-30-09; 96-1000, eff. 7-2-10.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/15/2013
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