Bill Text: IL SB1673 | 2015-2016 | 99th General Assembly | Enrolled
Bill Title: Amends the Environmental Protection Act. Extends a provision concerning Environmental Protection Agency fast-track rulemaking from December 31, 2014 to December 31, 2019. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Enrolled - Dead) 2016-12-29 - Sent to the Governor [SB1673 Detail]
Download: Illinois-2015-SB1673-Enrolled.html
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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Administrative Procedure Act is | ||||||
5 | amended by changing Section 1-5 as follows:
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6 | (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
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7 | Sec. 1-5. Applicability.
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8 | (a) This Act applies to every agency as defined in this | ||||||
9 | Act.
Beginning January 1, 1978, in case of conflict between the | ||||||
10 | provisions of
this Act and the Act creating or conferring power | ||||||
11 | on an agency, this Act
shall control. If, however, an agency | ||||||
12 | (or its predecessor in the case of
an agency that has been | ||||||
13 | consolidated or reorganized) has existing procedures
on July 1, | ||||||
14 | 1977, specifically for contested cases or licensing, those | ||||||
15 | existing
provisions control, except that this exception | ||||||
16 | respecting contested
cases and licensing does not apply if the | ||||||
17 | Act creating or conferring
power on the agency adopts by | ||||||
18 | express reference the provisions of this
Act. Where the Act | ||||||
19 | creating or conferring power on an agency
establishes | ||||||
20 | administrative procedures not covered by this Act, those
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21 | procedures shall remain in effect.
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22 | (b) The provisions of this Act do not apply to (i) | ||||||
23 | preliminary
hearings, investigations, or practices where no |
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1 | final determinations
affecting State funding are made by the | ||||||
2 | State Board of Education, (ii) legal
opinions issued under | ||||||
3 | Section 2-3.7 of the School Code, (iii) as to State
colleges | ||||||
4 | and universities, their disciplinary and grievance | ||||||
5 | proceedings,
academic irregularity and capricious grading | ||||||
6 | proceedings, and admission
standards and procedures, and (iv) | ||||||
7 | the class specifications for positions
and individual position | ||||||
8 | descriptions prepared and maintained under the
Personnel Code. | ||||||
9 | Those class specifications shall, however, be made
reasonably | ||||||
10 | available to the public for inspection and copying. The
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11 | provisions of this Act do not apply to hearings under Section | ||||||
12 | 20 of the
Uniform Disposition of Unclaimed Property Act.
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13 | (c) Section 5-35 of this Act relating to procedures for | ||||||
14 | rulemaking
does not apply to the following:
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15 | (1) Rules adopted by the Pollution Control Board that, | ||||||
16 | in accordance
with Section 7.2 of the Environmental | ||||||
17 | Protection Act, are identical in
substance to federal | ||||||
18 | regulations or amendments to those regulations
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19 | implementing the following: Sections 3001, 3002, 3003, | ||||||
20 | 3004, 3005, and 9003
of the Solid Waste Disposal Act; | ||||||
21 | Section 105 of the Comprehensive Environmental
Response, | ||||||
22 | Compensation, and Liability Act of 1980; Sections 307(b), | ||||||
23 | 307(c),
307(d), 402(b)(8), and 402(b)(9) of the Federal | ||||||
24 | Water Pollution Control
Act; Sections 1412(b), 1414(c), | ||||||
25 | 1417(a), 1421, and 1445(a) of the Safe
Drinking Water Act; | ||||||
26 | and Section 109 of the Clean Air Act.
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1 | (2) Rules adopted by the Pollution Control Board that | ||||||
2 | establish or
amend standards for the emission of | ||||||
3 | hydrocarbons and carbon monoxide from
gasoline powered | ||||||
4 | motor vehicles subject to inspection under the Vehicle | ||||||
5 | Emissions Inspection Law of 2005 or its predecessor laws.
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6 | (3) Procedural rules adopted by the Pollution Control | ||||||
7 | Board governing
requests for exceptions under Section 14.2 | ||||||
8 | of the Environmental Protection Act.
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9 | (4) The Pollution Control Board's grant, pursuant to an
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10 | adjudicatory determination, of an adjusted standard for | ||||||
11 | persons who can
justify an adjustment consistent with | ||||||
12 | subsection (a) of Section 27 of
the Environmental | ||||||
13 | Protection Act.
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14 | (4.5) The Pollution Control Board's adoption of | ||||||
15 | time-limited water quality standards under Section 38.5 of | ||||||
16 | the Environmental Protection Act. | ||||||
17 | (5) Rules adopted by the Pollution Control Board that | ||||||
18 | are identical in
substance to the regulations adopted by | ||||||
19 | the Office of the State Fire
Marshal under clause (ii) of | ||||||
20 | paragraph (b) of subsection (3) of Section 2
of the | ||||||
21 | Gasoline Storage Act.
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22 | (d) Pay rates established under Section 8a of the Personnel | ||||||
23 | Code
shall be amended or repealed pursuant to the process set | ||||||
24 | forth in Section
5-50 within 30 days after it becomes necessary | ||||||
25 | to do so due to a conflict
between the rates and the terms of a | ||||||
26 | collective bargaining agreement
covering the compensation of |
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1 | an employee subject to that Code.
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2 | (e) Section 10-45 of this Act shall not apply to any | ||||||
3 | hearing, proceeding,
or investigation conducted under Section | ||||||
4 | 13-515 of the Public Utilities Act.
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5 | (f) Article 10 of this Act does not apply to any hearing, | ||||||
6 | proceeding, or
investigation conducted by the State Council for | ||||||
7 | the State of Illinois created
under Section 3-3-11.05 of the | ||||||
8 | Unified Code of Corrections or by the Interstate
Commission for | ||||||
9 | Adult Offender Supervision created under the
Interstate | ||||||
10 | Compact for Adult Offender Supervision or by the Interstate | ||||||
11 | Commission for Juveniles created under the Interstate Compact | ||||||
12 | for Juveniles.
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13 | (g) This Act is subject to the provisions of Article XXI of
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14 | the Public Utilities Act. To the extent that any provision of
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15 | this Act conflicts with the provisions of that Article XXI, the
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16 | provisions of that Article XXI control.
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17 | (Source: P.A. 97-95, eff. 7-12-11; 97-945, eff. 8-10-12; | ||||||
18 | 97-1081, eff. 8-24-12; 98-463, eff. 8-16-13 .)
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19 | Section 10. The Environmental Protection Act is amended by | ||||||
20 | changing Sections 4, 5, 7.5, 29, and 41 and the heading of | ||||||
21 | Title IX and by adding Sections 3.488 and 38.5 as follows:
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22 | (415 ILCS 5/3.488 new) | ||||||
23 | Sec. 3.488. Time-limited water quality standard. | ||||||
24 | "Time-limited water quality standard" has the meaning ascribed |
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1 | to the term "water quality standards variance" in 40 CFR | ||||||
2 | 131.3(o).
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3 | (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
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4 | Sec. 4. Environmental Protection Agency; establishment; | ||||||
5 | duties.
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6 | (a) There is established in the Executive Branch of the | ||||||
7 | State Government an
agency to be known as the Environmental | ||||||
8 | Protection Agency. This Agency shall
be under the supervision | ||||||
9 | and direction of a Director who shall be appointed by
the | ||||||
10 | Governor with the advice and consent of the Senate. The term of | ||||||
11 | office
of the Director shall expire on the third Monday of | ||||||
12 | January in odd numbered
years, provided that he or she shall | ||||||
13 | hold office until a successor is appointed
and has qualified. | ||||||
14 | The Director shall
receive an annual salary as set by
the | ||||||
15 | Compensation Review Board. The Director, in accord with the | ||||||
16 | Personnel Code, shall employ and
direct such personnel, and | ||||||
17 | shall provide for such laboratory and other
facilities, as may | ||||||
18 | be necessary to carry out the purposes of this Act. In
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19 | addition, the Director may by agreement secure such services as | ||||||
20 | he or she
may deem necessary from any other department, agency, | ||||||
21 | or unit of the State
Government, and may employ and compensate | ||||||
22 | such consultants and technical
assistants as may be required.
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23 | (b) The Agency shall have the duty to collect and | ||||||
24 | disseminate such
information, acquire such technical data, and | ||||||
25 | conduct such experiments
as may be required to carry out the |
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1 | purposes of this Act, including
ascertainment of the quantity | ||||||
2 | and nature of discharges from any
contaminant source and data | ||||||
3 | on those sources, and to operate and arrange
for the operation | ||||||
4 | of devices for the monitoring of environmental quality.
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5 | (c) The Agency shall have authority to conduct a program of
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6 | continuing surveillance and of regular or periodic inspection | ||||||
7 | of actual
or potential contaminant or noise sources, of public | ||||||
8 | water supplies, and
of refuse disposal sites.
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9 | (d) In accordance with constitutional limitations,
the | ||||||
10 | Agency shall have authority to enter at all reasonable times
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11 | upon any private or public property for the purpose of:
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12 | (1) Inspecting and investigating to ascertain possible | ||||||
13 | violations of
this Act, any rule or regulation adopted | ||||||
14 | under this Act, any permit or
term or condition of a | ||||||
15 | permit, or any Board order; or
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16 | (2) In accordance with the provisions of this Act, | ||||||
17 | taking whatever
preventive or corrective action, including | ||||||
18 | but not limited to removal or
remedial action, that is | ||||||
19 | necessary or appropriate whenever there is a
release or a | ||||||
20 | substantial threat of a release of (A) a hazardous
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21 | substance or pesticide or (B) petroleum from an underground | ||||||
22 | storage tank.
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23 | (e) The Agency shall have the duty to investigate | ||||||
24 | violations of this
Act, any rule or regulation adopted under | ||||||
25 | this Act, any permit or
term or condition of a permit, or any | ||||||
26 | Board order;
to issue administrative citations as provided in |
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1 | Section 31.1 of this
Act; and to take such summary enforcement | ||||||
2 | action as is provided
for by Section 34 of this Act.
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3 | (f) The Agency shall appear before the Board in any hearing | ||||||
4 | upon a
petition for variance or time-limited water quality | ||||||
5 | standard , the denial of a permit, or the validity or effect
of | ||||||
6 | a rule or regulation of the Board, and shall have the authority | ||||||
7 | to
appear before the Board in any hearing under the Act.
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8 | (g) The Agency shall have the duty to administer, in accord | ||||||
9 | with
Title X of this Act, such permit and certification systems | ||||||
10 | as may be
established by this Act or by regulations adopted | ||||||
11 | thereunder.
The Agency may enter into written delegation | ||||||
12 | agreements with any department,
agency, or unit of State or | ||||||
13 | local government under which all or portions
of this duty may | ||||||
14 | be delegated for public water supply storage and transport
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15 | systems, sewage collection and transport systems, air | ||||||
16 | pollution control
sources with uncontrolled emissions of 100 | ||||||
17 | tons per year or less and
application of algicides to waters of | ||||||
18 | the State. Such delegation
agreements will require that the | ||||||
19 | work to be performed thereunder will be
in accordance with | ||||||
20 | Agency criteria, subject to Agency review, and shall
include | ||||||
21 | such financial and program auditing by the Agency as may be | ||||||
22 | required.
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23 | (h) The Agency shall have authority to require the | ||||||
24 | submission of
complete plans and specifications from any | ||||||
25 | applicant for a permit
required by this Act or by regulations | ||||||
26 | thereunder, and to require the
submission of such reports |
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1 | regarding actual or potential violations of
this Act, any rule | ||||||
2 | or regulation adopted under this Act, any permit or
term or | ||||||
3 | condition of a permit, or any Board order, as may be necessary | ||||||
4 | for the purposes of
this Act.
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5 | (i) The Agency shall have authority to make recommendations | ||||||
6 | to the
Board for the adoption of regulations under Title VII of | ||||||
7 | the Act.
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8 | (j) The Agency shall have the duty to represent the State | ||||||
9 | of
Illinois in any and all matters pertaining to plans, | ||||||
10 | procedures, or
negotiations for interstate compacts or other | ||||||
11 | governmental arrangements
relating to environmental | ||||||
12 | protection.
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13 | (k) The Agency shall have the authority to accept, receive, | ||||||
14 | and
administer on behalf of the State any grants, gifts, loans, | ||||||
15 | indirect cost
reimbursements, or other funds made available to | ||||||
16 | the State from any source
for purposes of this Act or for air | ||||||
17 | or water pollution control, public water
supply, solid waste | ||||||
18 | disposal, noise abatement, or other environmental
protection | ||||||
19 | activities, surveys, or programs. Any federal funds received by | ||||||
20 | the
Agency pursuant to this subsection shall be deposited in a | ||||||
21 | trust fund with the
State Treasurer and held and disbursed by | ||||||
22 | him in accordance with Treasurer as
Custodian of Funds Act, | ||||||
23 | provided that such monies shall be used only for the
purposes | ||||||
24 | for which they are contributed and any balance remaining shall | ||||||
25 | be
returned to the contributor.
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26 | The Agency is authorized to promulgate such regulations and |
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1 | enter
into such contracts as it may deem necessary for carrying | ||||||
2 | out the
provisions of this subsection.
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3 | (l) The Agency is hereby designated as water pollution | ||||||
4 | agency for
the state for all purposes of the Federal Water | ||||||
5 | Pollution Control Act, as
amended; as implementing agency for | ||||||
6 | the State for all purposes of the Safe
Drinking Water Act, | ||||||
7 | Public Law 93-523, as now or hereafter amended, except
Section | ||||||
8 | 1425 of that Act; as air pollution agency for the state for all
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9 | purposes of the Clean Air Act of 1970, Public Law 91-604, | ||||||
10 | approved December 31,
1970, as amended; and as solid waste | ||||||
11 | agency for the state for all purposes of
the Solid Waste | ||||||
12 | Disposal Act, Public Law 89-272, approved October 20, 1965,
and | ||||||
13 | amended by the Resource Recovery Act of 1970, Public Law | ||||||
14 | 91-512, approved
October 26, 1970, as amended, and amended by | ||||||
15 | the Resource Conservation and
Recovery Act of 1976, (P.L. | ||||||
16 | 94-580) approved October 21, 1976, as amended; as
noise control | ||||||
17 | agency for the state for all purposes of the Noise Control Act | ||||||
18 | of
1972, Public Law 92-574, approved October 27, 1972, as | ||||||
19 | amended; and as
implementing agency for the State for all | ||||||
20 | purposes of the Comprehensive
Environmental Response, | ||||||
21 | Compensation, and Liability Act of 1980 (P.L. 96-510),
as | ||||||
22 | amended; and otherwise as pollution control agency for the | ||||||
23 | State pursuant
to federal laws integrated with the foregoing | ||||||
24 | laws, for financing purposes or
otherwise. The Agency is hereby | ||||||
25 | authorized to take all action necessary or
appropriate to | ||||||
26 | secure to the State the benefits of such federal Acts, provided
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1 | that the Agency shall transmit to the United States without | ||||||
2 | change any
standards adopted by the Pollution Control Board | ||||||
3 | pursuant to Section 5(c) of
this Act. This subsection (l) of | ||||||
4 | Section 4 shall not be construed to bar or
prohibit the | ||||||
5 | Environmental Protection Trust Fund Commission from accepting,
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6 | receiving, and administering on behalf of the State any grants, | ||||||
7 | gifts,
loans or other funds for which the Commission is | ||||||
8 | eligible pursuant to the
Environmental Protection Trust Fund | ||||||
9 | Act. The Agency is hereby designated as
the State agency for | ||||||
10 | all purposes of administering the requirements of Section
313 | ||||||
11 | of the federal Emergency Planning and Community Right-to-Know | ||||||
12 | Act of 1986.
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13 | Any municipality, sanitary district, or other political | ||||||
14 | subdivision,
or any Agency of the State or interstate Agency, | ||||||
15 | which makes application
for loans or grants under such federal | ||||||
16 | Acts shall notify the Agency of
such application; the Agency | ||||||
17 | may participate in proceedings under such
federal Acts.
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18 | (m) The Agency shall have authority, consistent with | ||||||
19 | Section 5(c)
and other provisions of this Act, and for purposes | ||||||
20 | of Section 303(e) of
the Federal Water Pollution Control Act, | ||||||
21 | as now or hereafter amended,
to engage in planning processes | ||||||
22 | and activities and to develop
plans in cooperation with units | ||||||
23 | of local government, state agencies and
officers, and other | ||||||
24 | appropriate persons in connection with the
jurisdiction or | ||||||
25 | duties of each such unit, agency, officer or person.
Public | ||||||
26 | hearings shall be held on the planning process, at which any
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1 | person shall be permitted to appear and be heard, pursuant to | ||||||
2 | procedural
regulations promulgated by the Agency.
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3 | (n) In accordance with the powers conferred upon the Agency | ||||||
4 | by
Sections 10(g), 13(b), 19, 22(d) and 25 of this Act, the | ||||||
5 | Agency shall
have authority to establish and enforce minimum | ||||||
6 | standards for the
operation of laboratories relating to | ||||||
7 | analyses and laboratory tests for
air pollution, water | ||||||
8 | pollution, noise emissions, contaminant discharges
onto land | ||||||
9 | and sanitary, chemical, and mineral quality of water
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10 | distributed by a public water supply. The Agency may enter into | ||||||
11 | formal
working agreements with other departments or agencies of | ||||||
12 | state
government under which all or portions of this authority | ||||||
13 | may be
delegated to the cooperating department or agency.
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14 | (o) The Agency shall have the authority to issue | ||||||
15 | certificates of
competency to persons and laboratories meeting | ||||||
16 | the minimum standards
established by the Agency in accordance | ||||||
17 | with Section 4(n) of this Act
and to promulgate and enforce | ||||||
18 | regulations relevant to the issuance and
use of such | ||||||
19 | certificates. The Agency may enter into formal working
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20 | agreements with other departments or agencies of state | ||||||
21 | government under
which all or portions of this authority may be | ||||||
22 | delegated to the
cooperating department or agency.
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23 | (p) Except as provided in Section 17.7, the Agency shall | ||||||
24 | have the
duty to analyze samples as required
from each public | ||||||
25 | water supply to determine compliance with the
contaminant | ||||||
26 | levels specified by the Pollution Control Board. The maximum
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1 | number of samples which the Agency shall be required to analyze | ||||||
2 | for
microbiological quality shall be 6 per month, but the | ||||||
3 | Agency may, at its
option, analyze a larger number each month | ||||||
4 | for any supply. Results of
sample analyses for additional | ||||||
5 | required bacteriological testing,
turbidity, residual chlorine | ||||||
6 | and radionuclides are to be provided to the
Agency in | ||||||
7 | accordance with Section 19. Owners of water supplies may enter
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8 | into agreements with the Agency to provide for reduced Agency
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9 | participation in sample analyses.
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10 | (q) The Agency shall have the authority to provide notice | ||||||
11 | to any
person who may be liable pursuant to Section 22.2(f) of | ||||||
12 | this Act for a
release or a substantial threat of a release of | ||||||
13 | a hazardous substance or
pesticide. Such notice shall include | ||||||
14 | the identified response action and an
opportunity for such | ||||||
15 | person to perform the response action.
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16 | (r) The Agency may enter into written delegation agreements | ||||||
17 | with any
unit of local government under which it may delegate | ||||||
18 | all or portions of its
inspecting, investigating and | ||||||
19 | enforcement functions. Such delegation
agreements shall | ||||||
20 | require that work performed thereunder be in accordance
with | ||||||
21 | Agency criteria and subject to Agency review.
Notwithstanding | ||||||
22 | any other provision of law to the contrary, no unit of
local | ||||||
23 | government shall be liable for any injury resulting from the | ||||||
24 | exercise
of its authority pursuant to such a delegation | ||||||
25 | agreement unless the injury
is proximately caused by the | ||||||
26 | willful and wanton negligence of an agent or
employee of the |
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1 | unit of local government, and any policy of insurance
coverage | ||||||
2 | issued to a unit of local government may provide for the denial | ||||||
3 | of
liability and the nonpayment of claims based upon injuries | ||||||
4 | for which the unit
of local government is not liable pursuant | ||||||
5 | to this subsection (r).
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6 | (s) The Agency shall have authority to take whatever | ||||||
7 | preventive or
corrective action is necessary or appropriate, | ||||||
8 | including but not limited to
expenditure of monies appropriated | ||||||
9 | from the Build Illinois Bond Fund and
the Build Illinois | ||||||
10 | Purposes Fund for removal or remedial action, whenever
any | ||||||
11 | hazardous substance or pesticide is released or
there is a | ||||||
12 | substantial threat of such a release into the environment. The
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13 | State, the Director, and any State employee shall be | ||||||
14 | indemnified for any
damages or injury arising out of or | ||||||
15 | resulting from any action taken under
this subsection. The | ||||||
16 | Director of the Agency is authorized to enter into
such | ||||||
17 | contracts and agreements as are necessary
to carry out the | ||||||
18 | Agency's duties under this subsection.
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19 | (t) The Agency shall have authority to distribute grants, | ||||||
20 | subject to
appropriation by the General Assembly, to units of | ||||||
21 | local government for financing and construction of
wastewater | ||||||
22 | facilities in both incorporated and unincorporated areas. With | ||||||
23 | respect to all monies appropriated
from the Build Illinois Bond | ||||||
24 | Fund and the Build Illinois Purposes
Fund for wastewater | ||||||
25 | facility grants, the Agency shall make
distributions in | ||||||
26 | conformity with the rules and regulations established
pursuant |
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1 | to the Anti-Pollution Bond Act, as now or hereafter amended.
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2 | (u) Pursuant to the Illinois Administrative Procedure Act, | ||||||
3 | the
Agency shall have the authority to adopt such rules as are | ||||||
4 | necessary or
appropriate for the Agency to implement Section | ||||||
5 | 31.1 of this Act.
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6 | (v) (Blank.)
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7 | (w) Neither the State, nor the Director, nor the Board, nor | ||||||
8 | any State
employee shall be liable for any damages or injury | ||||||
9 | arising out of or
resulting from any action taken under | ||||||
10 | subsection (s).
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11 | (x)(1) The Agency shall have authority to distribute | ||||||
12 | grants, subject to
appropriation by the General Assembly, | ||||||
13 | to units of local government for
financing and construction | ||||||
14 | of public water supply facilities. With respect
to all | ||||||
15 | monies appropriated from the Build Illinois Bond Fund or | ||||||
16 | the Build
Illinois Purposes Fund for public water supply | ||||||
17 | grants, such grants shall be
made in accordance with rules | ||||||
18 | promulgated by the Agency.
Such rules shall include a | ||||||
19 | requirement for a local match of 30% of the
total project | ||||||
20 | cost for projects funded through such grants.
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21 | (2) The Agency shall not terminate a grant to a unit of | ||||||
22 | local government
for the financing and construction of | ||||||
23 | public water supply facilities unless
and until the Agency | ||||||
24 | adopts rules that set forth precise and complete
standards, | ||||||
25 | pursuant to Section 5-20 of the Illinois Administrative
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26 | Procedure Act, for the termination of such grants. The |
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1 | Agency shall not
make determinations on whether specific | ||||||
2 | grant conditions are necessary to
ensure the integrity of a | ||||||
3 | project or on whether subagreements shall be
awarded, with | ||||||
4 | respect to grants for the financing and construction of
| ||||||
5 | public water supply facilities, unless and until the Agency | ||||||
6 | adopts rules
that set forth precise and complete standards, | ||||||
7 | pursuant to Section 5-20
of the Illinois Administrative | ||||||
8 | Procedure Act, for making such
determinations. The Agency | ||||||
9 | shall not issue a stop-work order in relation to
such | ||||||
10 | grants unless and until the Agency adopts precise and | ||||||
11 | complete standards,
pursuant to Section 5-20 of the | ||||||
12 | Illinois Administrative Procedure Act, for
determining | ||||||
13 | whether to issue a stop-work order.
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14 | (y) The Agency shall have authority to release any person | ||||||
15 | from further
responsibility for preventive or corrective | ||||||
16 | action under this Act following
successful completion of | ||||||
17 | preventive or corrective action undertaken by such
person upon | ||||||
18 | written request by the person.
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19 | (z) To the extent permitted by any applicable federal law | ||||||
20 | or regulation, for all work performed for State construction | ||||||
21 | projects which are funded in whole or in part by a capital | ||||||
22 | infrastructure bill enacted by the 96th General Assembly by | ||||||
23 | sums appropriated to the Environmental Protection Agency, at | ||||||
24 | least 50% of the total labor hours must be performed by actual | ||||||
25 | residents of the State of Illinois. For purposes of this | ||||||
26 | subsection, "actual residents of the State of Illinois" means |
| |||||||
| |||||||
1 | persons domiciled in the State of Illinois. The Department of | ||||||
2 | Labor shall promulgate rules providing for the enforcement of | ||||||
3 | this subsection. | ||||||
4 | (aa) The Agency may adopt rules requiring the electronic | ||||||
5 | submission of any information required to be submitted to the | ||||||
6 | Agency pursuant to any State or federal law or regulation or | ||||||
7 | any court or Board order. Any rules adopted under this | ||||||
8 | subsection (aa) must include, but are not limited to, | ||||||
9 | identification of the information to be submitted | ||||||
10 | electronically. | ||||||
11 | (Source: P.A. 98-72, eff. 7-15-13.)
| ||||||
12 | (415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
| ||||||
13 | Sec. 5. Pollution Control Board.
| ||||||
14 | (a) There is hereby created an independent board to be | ||||||
15 | known as the
Pollution Control Board.
| ||||||
16 | Until July 1, 2003 or when all of the new members to be | ||||||
17 | initially
appointed under this amendatory Act of the 93rd | ||||||
18 | General Assembly have been
appointed by the Governor, whichever | ||||||
19 | occurs later,
the Board shall consist of 7 technically | ||||||
20 | qualified members,
no more than 4 of whom may be of the same | ||||||
21 | political party, to be appointed
by the Governor with the | ||||||
22 | advice and consent of the Senate.
| ||||||
23 | The term of each appointed member of the Board
who is in | ||||||
24 | office on June 30, 2003 shall terminate at the close of | ||||||
25 | business
on that date or when all of the new members to be |
| |||||||
| |||||||
1 | initially appointed under
this amendatory Act of the 93rd | ||||||
2 | General Assembly have been appointed by the
Governor, whichever | ||||||
3 | occurs later.
| ||||||
4 | Beginning on July 1, 2003 or when all of the new members to | ||||||
5 | be initially
appointed under this amendatory Act of the 93rd | ||||||
6 | General Assembly have been
appointed by the Governor, whichever | ||||||
7 | occurs later, the Board shall consist
of 5 technically | ||||||
8 | qualified members, no more than 3 of whom may be of the same
| ||||||
9 | political party, to be appointed by the Governor with the | ||||||
10 | advice and consent
of the Senate. Members shall have verifiable | ||||||
11 | technical, academic, or actual
experience in the field of | ||||||
12 | pollution control or environmental law and
regulation.
| ||||||
13 | Of the members initially appointed pursuant to this | ||||||
14 | amendatory Act of the
93rd General Assembly, one shall be | ||||||
15 | appointed for a term ending July 1, 2004,
2 shall be appointed | ||||||
16 | for terms ending July 1, 2005, and 2 shall be appointed
for | ||||||
17 | terms ending July 1, 2006. Thereafter, all members shall hold | ||||||
18 | office for
3 years from the first day of July in the year in | ||||||
19 | which they were appointed,
except in case of an appointment to | ||||||
20 | fill a vacancy. In case of a vacancy in
the office when the | ||||||
21 | Senate is not in session, the Governor may make a temporary
| ||||||
22 | appointment until the next meeting of the Senate, when he or | ||||||
23 | she shall
nominate some person to fill such office; and any | ||||||
24 | person so nominated, who is
confirmed by the Senate, shall hold | ||||||
25 | the office during the remainder of the
term.
| ||||||
26 | Members of the Board shall hold office until their |
| |||||||
| |||||||
1 | respective successors
have been appointed and qualified. Any | ||||||
2 | member may resign from office, such
resignation to take effect | ||||||
3 | when a successor has been appointed and has
qualified.
| ||||||
4 | Board members shall be paid $37,000 per year or an amount | ||||||
5 | set by the
Compensation Review Board, whichever is greater, and | ||||||
6 | the Chairman shall
be paid $43,000 per year or an amount set by | ||||||
7 | the Compensation Review Board,
whichever is greater. Each | ||||||
8 | member shall devote his or her entire time to the
duties of the | ||||||
9 | office, and shall hold no other office or position of profit, | ||||||
10 | nor
engage in any other business, employment, or vocation. Each | ||||||
11 | member shall be
reimbursed for expenses necessarily incurred | ||||||
12 | and shall make a financial disclosure upon
appointment.
| ||||||
13 | Each Board member may employ one secretary and one | ||||||
14 | assistant, and the
Chairman one secretary and 2 assistants. The | ||||||
15 | Board also may employ and
compensate hearing officers to | ||||||
16 | preside at hearings under this Act, and such
other personnel as | ||||||
17 | may be necessary. Hearing officers shall be attorneys
licensed | ||||||
18 | to practice law in Illinois.
| ||||||
19 | The Board may have an Executive Director; if so, the | ||||||
20 | Executive Director
shall be appointed by the Governor with the | ||||||
21 | advice and consent of the Senate.
The salary and duties of the | ||||||
22 | Executive Director shall be fixed by the Board.
| ||||||
23 | The Governor shall designate one Board member to be | ||||||
24 | Chairman, who
shall serve at the pleasure of the Governor.
| ||||||
25 | The Board shall hold at least one meeting each month and | ||||||
26 | such
additional meetings as may be prescribed by Board rules. |
| |||||||
| |||||||
1 | In addition,
special meetings may be called by the Chairman or | ||||||
2 | by any 2 Board
members, upon delivery of 24 hours written | ||||||
3 | notice to the office of each
member. All Board meetings shall | ||||||
4 | be open to the public, and public
notice of all meetings shall | ||||||
5 | be given at least 24 hours in
advance of each meeting. In | ||||||
6 | emergency situations in which a majority of
the Board certifies | ||||||
7 | that exigencies of time require the requirements of
public | ||||||
8 | notice and of 24 hour written notice to members may be
| ||||||
9 | dispensed with, and Board members shall receive such notice as | ||||||
10 | is
reasonable under the circumstances.
| ||||||
11 | If there is no vacancy on the Board, 4 members of the Board | ||||||
12 | shall
constitute a quorum to transact business; otherwise, a | ||||||
13 | majority of the
Board shall constitute a quorum to transact | ||||||
14 | business, and no vacancy
shall impair the right of the | ||||||
15 | remaining members to exercise all of the
powers of the Board. | ||||||
16 | Every action approved by a majority of the members
of the Board | ||||||
17 | shall be deemed to be the action of the Board. The Board shall | ||||||
18 | keep a complete and accurate record of all its
meetings.
| ||||||
19 | (b) The Board shall determine, define and implement the
| ||||||
20 | environmental control standards applicable in the State of | ||||||
21 | Illinois and
may adopt rules and regulations in accordance with | ||||||
22 | Title VII of this Act.
| ||||||
23 | (c) The Board shall have authority to act for the State in | ||||||
24 | regard to
the adoption of standards for submission to the | ||||||
25 | United States under any
federal law respecting environmental | ||||||
26 | protection. Such standards shall be
adopted in accordance with |
| |||||||
| |||||||
1 | Title VII of the Act and upon adoption shall
be forwarded to | ||||||
2 | the Environmental Protection Agency for submission to
the | ||||||
3 | United States pursuant to subsections (l) and (m) of Section 4 | ||||||
4 | of this
Act. Nothing in this paragraph shall limit the | ||||||
5 | discretion of the Governor to
delegate authority granted to the | ||||||
6 | Governor under any federal law.
| ||||||
7 | (d) The Board shall have authority to conduct proceedings
| ||||||
8 | upon complaints charging violations of this Act, any rule or | ||||||
9 | regulation
adopted under this Act, any permit or term or | ||||||
10 | condition of a permit, or any
Board order; upon
administrative | ||||||
11 | citations; upon petitions for variances , or adjusted | ||||||
12 | standards , or time-limited water quality standards ;
upon | ||||||
13 | petitions for review of the Agency's final determinations on | ||||||
14 | permit
applications in accordance with Title X of this Act; | ||||||
15 | upon petitions to remove
seals under Section 34 of this Act; | ||||||
16 | and upon other petitions for review of
final determinations | ||||||
17 | which are made pursuant to this Act or Board rule and
which | ||||||
18 | involve a subject which the Board is authorized to regulate. | ||||||
19 | The Board
may also conduct other proceedings as may be provided | ||||||
20 | by this Act or any other
statute or rule.
| ||||||
21 | (e) In connection with any proceeding pursuant to
| ||||||
22 | subsection (b) or (d) of this Section, the Board may
subpoena | ||||||
23 | and compel the attendance of witnesses and the production of | ||||||
24 | evidence
reasonably necessary to resolution of the matter under | ||||||
25 | consideration. The
Board shall issue such subpoenas upon the | ||||||
26 | request of any party to a proceeding
under subsection (d) of |
| |||||||
| |||||||
1 | this Section or upon its own motion.
| ||||||
2 | (f) The Board may prescribe reasonable fees for permits | ||||||
3 | required
pursuant to this Act. Such fees in the aggregate may | ||||||
4 | not exceed the total
cost to the Agency for its inspection and | ||||||
5 | permit systems. The Board may not
prescribe any permit fees | ||||||
6 | which are different in amount from those established
by this | ||||||
7 | Act.
| ||||||
8 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
9 | (415 ILCS 5/7.5) (from Ch. 111 1/2, par. 1007.5)
| ||||||
10 | Sec. 7.5. Filing Fees. | ||||||
11 | (a) The Board shall collect filing fees
as prescribed in | ||||||
12 | this Act. The fees shall be deposited
in the Pollution Control | ||||||
13 | Board Fund.
The filing fees shall be as follows:
| ||||||
14 | Petition for site-specific regulation, $75.
| ||||||
15 | Petition for variance, $75.
| ||||||
16 | Petition for review of permit, $75.
| ||||||
17 | Petition to contest local government decision pursuant to | ||||||
18 | Section 40.1, $75.
| ||||||
19 | Petition for an adjusted standard, pursuant to Section | ||||||
20 | 28.1, $75.
| ||||||
21 | Petition for a time-limited water quality standard, $75 per | ||||||
22 | petitioner. | ||||||
23 | (b) A person who has filed a petition for a variance from a | ||||||
24 | water quality standard and paid the filing fee set forth in | ||||||
25 | subsection (a) of this Section for that petition and whose |
| |||||||
| |||||||
1 | variance petition is thereafter converted into a petition for a | ||||||
2 | time-limited water quality standard under Section 38.5 of this | ||||||
3 | Act shall not be required to pay a separate filing fee upon the | ||||||
4 | conversion of the variance petition into a petition for a | ||||||
5 | time-limited water quality standard. | ||||||
6 | (Source: P.A. 85-1440.)
| ||||||
7 | (415 ILCS 5/29) (from Ch. 111 1/2, par. 1029)
| ||||||
8 | Sec. 29.
(a) Any person adversely affected or threatened by | ||||||
9 | any rule
or regulation of the Board may obtain a determination | ||||||
10 | of the validity or
application of such rule or regulation by | ||||||
11 | petition for review under Section
41 of this Act.
| ||||||
12 | (b) Action by the Board in adopting any regulation for | ||||||
13 | which judicial
review could have been obtained under Section 41 | ||||||
14 | of this Act shall not be
subject to review regarding the | ||||||
15 | regulation's validity or application in any
subsequent | ||||||
16 | proceeding under Title VIII, Title IX or Section 40 of this | ||||||
17 | Act.
| ||||||
18 | (c) This Section does not apply to orders entered by the | ||||||
19 | Board pursuant to Section 38.5 of this Act. Final orders | ||||||
20 | entered by the Board pursuant to Section 38.5 of this Act are | ||||||
21 | subject to judicial review under subsection (j) of that | ||||||
22 | Section. Interim orders entered by the Board pursuant to | ||||||
23 | Section 38.5 are not subject to judicial review under this | ||||||
24 | Section or Section 38.5. | ||||||
25 | (Source: P.A. 85-1048.)
|
| |||||||
| |||||||
1 | (415 ILCS 5/Tit. IX heading) | ||||||
2 | TITLE IX: VARIANCES AND TIME-LIMITED WATER QUALITY STANDARDS
| ||||||
3 | (415 ILCS 5/38.5 new) | ||||||
4 | Sec. 38.5. Time-limited water quality standards. | ||||||
5 | (a) To the extent consistent with the Federal Water | ||||||
6 | Pollution Control Act, rules adopted by the United States | ||||||
7 | Environmental Protection Agency under that Act, this Section, | ||||||
8 | and rules adopted by the Board under this Section, the Board | ||||||
9 | may adopt, and may conduct non-adjudicatory proceedings to | ||||||
10 | adopt, a time-limited water quality standard for a watershed or | ||||||
11 | one or more of the following: | ||||||
12 | (1) water bodies; | ||||||
13 | (2) waterbody segments; or | ||||||
14 | (3) dischargers. | ||||||
15 | (b) A time-limited water quality standard may be sought by: | ||||||
16 | |||||||
17 | (1) persons who file with the Board a petition for a | ||||||
18 | time-limited water quality standard under this Section; | ||||||
19 | and | ||||||
20 | (2) persons who have a petition for a variance from a | ||||||
21 | water quality standard under Section 35 of this Act | ||||||
22 | converted into a petition for a time-limited water quality | ||||||
23 | standard under subsection (c) of this Section. | ||||||
24 | (c) Any petition for a variance from a water quality |
| |||||||
| |||||||
1 | standard under Section 35 of this Act that was filed with the | ||||||
2 | Board before the effective date of this amendatory Act of the | ||||||
3 | 99th General Assembly and that has not been disposed of by the | ||||||
4 | Board shall be converted, by operation of law, into a petition | ||||||
5 | for a time-limited water quality standard under this Section on | ||||||
6 | the effective date of this amendatory Act of the 99th General | ||||||
7 | Assembly. | ||||||
8 | (d) The Board's hearings concerning the adoption of | ||||||
9 | time-limited water quality standards shall be open to the | ||||||
10 | public and must be held in compliance with 40 CFR 131.14, | ||||||
11 | including, but not limited to, the public notice and | ||||||
12 | participation requirements referenced in 40 CFR 25 and 40 CFR | ||||||
13 | 131.20(b); this Section; and rules adopted by the Board under | ||||||
14 | this Section. | ||||||
15 | (e) Within 21 days after any petition for a time-limited | ||||||
16 | water quality standard is filed with the Board under this | ||||||
17 | Section, or within 21 days after the effective date of this | ||||||
18 | amendatory Act of the 99th General Assembly in the case of a | ||||||
19 | petition for time-limited water quality standard created under | ||||||
20 | subsection (c) of this Section, the Agency shall file with the | ||||||
21 | Board a response that: | ||||||
22 | (1) identifies the discharger or classes of | ||||||
23 | dischargers affected by the water quality standard from | ||||||
24 | which relief is sought; | ||||||
25 | (2) identifies the watershed, water bodies, or | ||||||
26 | waterbody segments affected by the water quality standard |
| |||||||
| |||||||
1 | from which relief is sought; | ||||||
2 | (3) identifies the appropriate type of time-limited | ||||||
3 | water quality standard, based on factors, such as the | ||||||
4 | nature of the pollutant, the condition of the affected | ||||||
5 | water body, and the number and type of dischargers; and | ||||||
6 | (4) recommends, for the purposes of subsection (h), | ||||||
7 | prompt deadlines for the classes of dischargers to file a | ||||||
8 | substantially compliant petition. | ||||||
9 | (f) Within 30 days after receipt of a response from the | ||||||
10 | Agency under subsection (e) of this Section, the Board shall | ||||||
11 | enter a final order that establishes the discharger or classes | ||||||
12 | of dischargers that may be covered by the time-limited water | ||||||
13 | quality standard and prompt deadlines by which the discharger | ||||||
14 | and dischargers in the identified classes must, for the | ||||||
15 | purposes of subsection (h), file with the Board either: | ||||||
16 | (1) a petition for a time-limited water quality | ||||||
17 | standard, if the petition has not been previously filed; or | ||||||
18 | (2) an amended petition for a time-limited water | ||||||
19 | quality standard, if the petition has been previously filed | ||||||
20 | and it is necessary to file an amended petition to maintain | ||||||
21 | a stay under paragraph (3) of subsection (h) of this | ||||||
22 | Section. | ||||||
23 | (g) As soon as practicable after entering an order under | ||||||
24 | subsection (f), the Board shall conduct an evaluation of the | ||||||
25 | petition to assess its substantial compliance with 40 CFR | ||||||
26 | 131.14, this Section, and rules adopted pursuant to this |
| |||||||
| |||||||
1 | Section. After the Board determines that a petition is in | ||||||
2 | substantial compliance with those requirements, the Agency | ||||||
3 | shall file a recommendation concerning the petition. | ||||||
4 | (h)(1) The effectiveness of a water quality standard from | ||||||
5 | which relief is sought shall be stayed as to the following | ||||||
6 | persons from the effective date of the water quality standard | ||||||
7 | until the stay is terminated as provided in this subsection: | ||||||
8 | (A) any person who has a petition for a variance | ||||||
9 | seeking relief from a water quality standard under | ||||||
10 | Section 35 of this Act converted into a petition for a | ||||||
11 | time-limited water quality standard under subsection | ||||||
12 | (c) of this Section; | ||||||
13 | (B) any person who files a petition for a | ||||||
14 | time-limited water quality standard within 35 days | ||||||
15 | after the effective date of the water quality standard | ||||||
16 | from which relief is sought; and | ||||||
17 | (C) any person, not covered by subparagraph (B) of | ||||||
18 | this subsection, who is a member of a class of | ||||||
19 | dischargers that is identified in a Board order under | ||||||
20 | subsection (f) that concerns a petition for a | ||||||
21 | time-limited water quality standard that was filed | ||||||
22 | within 35 days after the effective date of the water | ||||||
23 | quality standard from which relief is sought and who | ||||||
24 | files a petition for a time-limited water quality | ||||||
25 | standard before the deadline established for that | ||||||
26 | class under subsection (f) of this Section. |
| |||||||
| |||||||
1 | (2) If the Board determines that the petition of a | ||||||
2 | person described in paragraph (1) of this subsection is in | ||||||
3 | substantial compliance, then the stay shall continue until | ||||||
4 | the Board: | ||||||
5 | (A) denies the petition and all rights to judicial | ||||||
6 | review of the Board order denying the petition are | ||||||
7 | exhausted; or | ||||||
8 | (B) adopts the time-limited water quality standard | ||||||
9 | and the United States Environmental Protection Agency | ||||||
10 | either: | ||||||
11 | (i) approves the time-limited water quality | ||||||
12 | standard; or | ||||||
13 | (ii) disapproves the time-limited water | ||||||
14 | quality standard for failure to comply with 40 CFR | ||||||
15 | 131.14. | ||||||
16 | (3) If the Board determines that the petition of a | ||||||
17 | person described in paragraph (1) of this subsection is not | ||||||
18 | in substantial compliance, then the Board shall enter an | ||||||
19 | interim order that identifies the deficiencies in the | ||||||
20 | petition that must be corrected for the petition to be in | ||||||
21 | substantial compliance. The petitioner must file an | ||||||
22 | amended petition by the deadlines adopted by the Board | ||||||
23 | pursuant to subsection (f), and the Board shall enter, | ||||||
24 | after the applicable Board-established deadline, a final | ||||||
25 | order that determines whether the amended petition is in | ||||||
26 | substantial compliance. |
| |||||||
| |||||||
1 | (4) If the Board determines that the amended petition | ||||||
2 | described in paragraph (3) of this subsection is in | ||||||
3 | substantial compliance, then the stay shall continue until | ||||||
4 | the Board: | ||||||
5 | (A) denies the petition and all rights to judicial | ||||||
6 | review of the Board order denying the petition are | ||||||
7 | exhausted; or | ||||||
8 | (B) adopts the time-limited water quality standard | ||||||
9 | and the United States Environmental Protection Agency | ||||||
10 | either: | ||||||
11 | (i) approves the time-limited water quality | ||||||
12 | standard; or | ||||||
13 | (ii) disapproves the time-limited water | ||||||
14 | quality standard for failure to comply with 40 CFR | ||||||
15 | 131.14. | ||||||
16 | (5) If the Board determines that the amended petition | ||||||
17 | described in paragraph (3) of this subsection is not in | ||||||
18 | substantial compliance by the Board-established deadline, | ||||||
19 | the Board shall deny the petition and the stay shall | ||||||
20 | continue until all rights to judicial review are exhausted. | ||||||
21 | (6) If the Board determines that a petition for a | ||||||
22 | time-limited water quality standard is not in substantial | ||||||
23 | compliance and if the person fails to file, on or before | ||||||
24 | the Board-established deadline, an amended petition, the | ||||||
25 | Board shall dismiss the petition and the stay shall | ||||||
26 | continue until all rights to judicial review are exhausted. |
| |||||||
| |||||||
1 | (7) If a person other than a person described in | ||||||
2 | paragraph (1) of subsection (h) of this Section files a | ||||||
3 | petition for a time-limited water quality standard, then | ||||||
4 | the effectiveness of the water quality standard from which | ||||||
5 | relief is sought shall not be stayed as to that person. | ||||||
6 | However, the person may seek a time-limited water quality | ||||||
7 | standard from the Board by complying with 40 CFR 131.14, | ||||||
8 | this Section, and rules adopted pursuant to this Section. | ||||||
9 | (i) Each time-limited water quality standard adopted by the | ||||||
10 | Board for more than one discharger shall set forth criteria | ||||||
11 | that may be used by dischargers or classes of dischargers to | ||||||
12 | obtain coverage under the time-limited water quality standard | ||||||
13 | during its duration. Any discharger that has not obtained a | ||||||
14 | time-limited water quality standard may obtain coverage under a | ||||||
15 | Board-approved time-limited water quality standard by | ||||||
16 | satisfying, at the time of the renewal or modification of that | ||||||
17 | person's federal National Pollutant Discharge Elimination | ||||||
18 | System (NPDES) permit or at the time the person files an | ||||||
19 | application for certification under Section 401 of the federal | ||||||
20 | Clean Water Act, the Board-approved criteria for coverage under | ||||||
21 | the time-limited water quality standard. | ||||||
22 | (j) Any person who is adversely affected or threatened by a | ||||||
23 | final Board order entered pursuant to this Section may obtain | ||||||
24 | judicial review of the Board order by filing a petition for | ||||||
25 | review within 35 days after the date the Board order was served | ||||||
26 | on the person affected by the order, under the provisions of |
| |||||||
| |||||||
1 | the Administrative Review Law, and the rules adopted pursuant | ||||||
2 | thereto, except that review shall be afforded directly in the | ||||||
3 | appellate court for the district in which the cause of action | ||||||
4 | arose and not in the circuit court. For purposes of judicial | ||||||
5 | review under this subsection, a person is deemed to have been | ||||||
6 | served with the Board's final order on the date on which the | ||||||
7 | order is first published by the Board on its website. | ||||||
8 | No challenge to the validity of a final Board order under | ||||||
9 | this Section shall be made in any enforcement proceeding under | ||||||
10 | Title XII of this Act as to any issue that could have been | ||||||
11 | raised in a timely petition for review under this subsection. | ||||||
12 | (k) Not later than 6 months after the effective date of | ||||||
13 | this amendatory Act of the 99th General Assembly, the Agency | ||||||
14 | shall propose, and not later than 9 months thereafter the Board | ||||||
15 | shall adopt, rules that prescribe specific procedures and | ||||||
16 | standards to be used by the Board when adopting time-limited | ||||||
17 | water quality standards. The public notice and participation | ||||||
18 | requirements in 40 CFR 25 and 40 CFR 131.20(b) shall be | ||||||
19 | incorporated into the rules adopted under this subsection. | ||||||
20 | Until the rules adopted under this subsection are | ||||||
21 | effective, the Board may adopt time-limited water quality | ||||||
22 | standards to the full extent allowed under this Section and 40 | ||||||
23 | C.F.R. 131.14. | ||||||
24 | (l) Section 5-35 of the Illinois Administrative Procedure | ||||||
25 | Act, Title VII of this Act, and the other Sections in Title IX | ||||||
26 | of this Act do not apply to Board proceedings under this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (415 ILCS 5/41) (from Ch. 111 1/2, par. 1041)
| ||||||
3 | Sec. 41. Judicial review.
| ||||||
4 | (a) Any party to a Board hearing, any person who filed a | ||||||
5 | complaint on which
a hearing was denied, any person who has | ||||||
6 | been denied a variance or permit under
this Act, any party | ||||||
7 | adversely affected by a final order or determination of the
| ||||||
8 | Board, and any person who participated in the public comment | ||||||
9 | process under
subsection (8) of Section 39.5 of this Act may | ||||||
10 | obtain judicial review, by
filing a petition for review within | ||||||
11 | 35 days from the date that a copy of the
order or other final | ||||||
12 | action sought to be reviewed was served upon the party
affected | ||||||
13 | by the order or other final Board action complained of, under | ||||||
14 | the
provisions of the Administrative Review Law, as amended and | ||||||
15 | the rules adopted
pursuant thereto, except that review shall be | ||||||
16 | afforded directly in the
Appellate Court for the District in | ||||||
17 | which the cause of action arose and not in
the Circuit Court. | ||||||
18 | Review of any rule or regulation promulgated by the Board
shall | ||||||
19 | not be limited by this section but may also be had as provided | ||||||
20 | in Section
29 of this Act.
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21 | (b) Any final order of the Board under this Act shall be | ||||||
22 | based solely
on the evidence in the record of the particular | ||||||
23 | proceeding involved, and
any such final order for permit | ||||||
24 | appeals, enforcement actions and variance
proceedings, shall | ||||||
25 | be invalid if it is against the manifest weight of the
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1 | evidence. Notwithstanding this subsection, the Board may | ||||||
2 | include such
conditions in granting a variance and may adopt | ||||||
3 | such rules and regulations
as the policies of this Act may | ||||||
4 | require. If an objection is made to a
variance condition, the | ||||||
5 | board shall reconsider the condition within not
more than 75 | ||||||
6 | days from the date of the objection.
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7 | (c) No challenge to the validity of a Board order shall be | ||||||
8 | made in any
enforcement proceeding under Title XII of this Act | ||||||
9 | as to any issue that
could have been raised in a timely | ||||||
10 | petition for review under this Section.
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11 | (d) If there is no final action by the Board within 120 | ||||||
12 | days on a request
for a variance which is subject to subsection | ||||||
13 | (c) of Section 38 or a permit
appeal which is subject to | ||||||
14 | paragraph (a) (3) of Section 40 or paragraph
(d) of Section | ||||||
15 | 40.2 or Section 40.3, the petitioner shall be entitled to an | ||||||
16 | Appellate Court
order under this subsection. If a hearing is | ||||||
17 | required under this Act and was
not held by the Board, the | ||||||
18 | Appellate Court shall order the Board to conduct
such a | ||||||
19 | hearing, and to make a decision within 90 days from the date of | ||||||
20 | the
order. If a hearing was held by the Board, or if a hearing | ||||||
21 | is not required
under this Act and was not held by the Board, | ||||||
22 | the Appellate Court shall order
the Board to make a decision | ||||||
23 | within 90 days from the date of the order.
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24 | The Appellate Court shall retain jurisdiction during the | ||||||
25 | pendency of any
further action conducted by the Board under an | ||||||
26 | order by the Appellate Court.
The Appellate Court shall have |
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1 | jurisdiction to review all issues of law and
fact presented | ||||||
2 | upon appeal.
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3 | (e) This Section does not apply to orders entered by the | ||||||
4 | Board pursuant to Section 38.5 of this Act. Final orders | ||||||
5 | entered by the Board pursuant to Section 38.5 of this Act are | ||||||
6 | subject to judicial review under subsection (j) of that | ||||||
7 | Section. Interim orders entered by the Board pursuant to | ||||||
8 | Section 38.5 are not subject to judicial review under this | ||||||
9 | Section or Section 38.5. | ||||||
10 | (Source: P.A. 99-463, eff. 1-1-16 .)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
|