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

 (from Ch. 111 1/2, par. 1005)Sec. 5. Pollution Control Board.(a) There is hereby created an independent board to be known as the  Pollution Control Board.On and after August 11, 2003 (the effective date of Public Act 93-509), the Board shall consist  of 5 technically qualified members, no more than 3 of whom may be of the same  political party, to be appointed by the Governor with the advice and consent  of the Senate.  Members shall have verifiable technical, academic, or actual  experience in the field of pollution control or environmental law and  regulation.One member shall be appointed for a term ending July 1, 2004,  2 shall be appointed for terms ending July 1, 2005, and 2 shall be appointed  for terms ending July 1, 2006.  Thereafter, all members shall hold office for  3 years from the first day of July in the year in which they were appointed,  except in case of an appointment to fill a vacancy.  In case of a vacancy in  the office when the Senate is not in session, the Governor may make a temporary  appointment until the next meeting of the Senate, when he or she shall  nominate some person to fill such office; and any person so nominated, who is  confirmed by the Senate, shall hold the office during the remainder of the  term.Members of the Board shall hold office until their respective successors  have been appointed and qualified.  Any member may resign from office, such  resignation to take effect when a successor has been appointed and has  qualified.Board members shall be paid $37,000 per year or an amount set by the  Compensation Review Board, whichever is greater, and the Chairman shall  be paid $43,000 per year or an amount set by the Compensation Review Board,  whichever is greater.  Each member shall devote his or her entire time to the  duties of the office, and shall hold no other office or position of profit, nor  engage in any other business, employment, or vocation.  Each member shall be  reimbursed for expenses necessarily incurred and shall make a financial disclosure upon  appointment.The Board may employ one assistant for each member and 2 assistants for the  Chairman.  The Board also may employ and  compensate hearing officers to preside at hearings under this Act, and such  other personnel as may be necessary.  Hearing officers shall be attorneys  licensed to practice law in Illinois.The Board may have an Executive Director; if so, the Executive Director  shall be appointed by the Governor with the advice and consent of the Senate.  The salary and duties of the Executive Director shall be fixed by the Board.The Governor shall designate one Board member to be Chairman, who  shall serve at the pleasure of the Governor.The Board shall hold at least one meeting each month and such  additional meetings as may be prescribed by Board rules.  In addition,  special meetings may be called by the Chairman or by any 2 Board  members, upon delivery of 48 hours written notice to the office of each  member.  All Board meetings shall be open to the public, and public  notice of all meetings shall be given at least 48 hours in  advance of each meeting.  In emergency situations in which a majority of  the Board certifies that exigencies of time require the requirements of  public notice and of 24 hour written notice to members may be  dispensed with, and Board members shall receive such notice as is  reasonable under the circumstances.Three members of the Board shall  constitute a quorum to transact business; and the affirmative vote of 3 members is necessary to adopt any order.  The Board shall keep a complete and accurate record of all its  meetings.(b) The Board shall determine, define and implement the  environmental control standards applicable in the State of Illinois and  may adopt rules and regulations in accordance with Title VII of this Act.(c) The Board shall have authority to act for the State in regard to  the adoption of standards for submission to the United States under any  federal law respecting environmental protection.  Such standards shall be  adopted in accordance with Title VII of the Act and upon adoption shall  be forwarded to the Environmental Protection Agency for submission to  the United States pursuant to subsections (l) and (m) of Section 4 of this  Act.  Nothing in this paragraph shall limit the discretion of the Governor to  delegate authority granted to the Governor under any federal law.(d) The Board shall have authority to conduct proceedings  upon complaints charging 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; upon  administrative citations; upon petitions for variances, adjusted standards, or time-limited water quality standards;  upon petitions for review of the Agency's final determinations on permit  applications in accordance with Title X of this Act; upon petitions to remove  seals under Section 34 of this Act; and upon other petitions for review of  final determinations which are made pursuant to this Act or Board rule and  which involve a subject which the Board is authorized to regulate.  The Board  may also conduct other proceedings as may be provided by this Act or any other  statute or rule.(e) In connection with any proceeding pursuant to  subsection (b) or (d) of this Section, the Board may  subpoena and compel the attendance of witnesses and the production of evidence  reasonably necessary to resolution of the matter under consideration.  The  Board shall issue such subpoenas upon the request of any party to a proceeding  under subsection (d) of this Section or upon its own motion.(f) The Board may prescribe reasonable fees for permits required  pursuant to this Act.  Such fees in the aggregate may not exceed the total  cost to the Agency for its inspection and permit systems.  The Board may not  prescribe any permit fees which are different in amount from those established  by this Act.  (Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17; 100-863, eff. 8-14-18.)