Public Act 098-0072
 
SB0033 EnrolledLRB098 00247 JDS 30251 b


  
    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.