415 ILCS 5/4
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title I - General Provisions

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