Bill Text: IL SB3651 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the duties of the Environmental Protection Agency.

Spectrum: Bipartisan Bill

Status: (Failed) 2021-01-13 - Session Sine Die [SB3651 Detail]

Download: Illinois-2019-SB3651-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3651 Introduced 2/14/2020, by Sen. Melinda Bush 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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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 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.
For terms ending before December 31, 2019, the Director shall
receive an annual salary as set by the Compensation Review
Board. For terms beginning after the effective date of this
amendatory Act of the 100th General Assembly, the Director's
annual salary shall be an amount equal to 15% more than the
Director's annual salary as of December 31, 2018. The
calculation of the 2018 salary base for this adjustment shall

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not include any cost of living adjustments, as authorized by
Senate Joint Resolution 192 of the 86th General Assembly, for
the period beginning July 1, 2009 to June 30, 2019. Beginning
July 1, 2019 and each July 1 thereafter, the Director shall
receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly. 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

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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 or time-limited water quality
standard, 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

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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,

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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,

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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

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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

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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.

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(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

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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

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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

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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.

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(Source: P.A. 99-937, eff. 2-24-17; 100-1179, eff. 1-18-19.)