2023 Illinois Compiled Statutes › Chapter 415 - ENVIRONMENTAL SAFETY › 415 ILCS 5/ - Environmental Protection Act. › Title XIII - Miscellaneous Provisions

(415 ILCS 5/Tit. XIII heading)
TITLE XIII:  
		MISCELLANEOUS PROVISIONS
(415 ILCS 5/46) (from Ch. 111 1/2, par. 1046)
Sec. 46. 
		
		(a) Any municipality, sanitary district, county or other
public body created by or pursuant to State law and having jurisdiction
over disposal of sewage, industrial wastes, or other wastes,  which has
been directed by an order issued by the Board or by the circuit court to
abate any violation of this Act or of any regulation adopted thereunder
shall, unless such order be set aside upon review, take steps for the
acquisition or construction of such facilities, or for such repair,
alteration, extension or completion of existing facilities, or for such
modification of existing practices as may be necessary to comply with
the order.  The cost of the acquisition, construction, repair,
alteration, completion, or extension of such facilities, or of such
modification of practices shall be paid out of funds on hand available
for such purposes, or out of the general funds of such public body not
otherwise appropriated.
If funds on hand or unappropriated are insufficient for the purposes
of this Section, the necessary funds shall be raised by the issuance of
either general obligation or revenue bonds.  If the estimated cost of
the steps necessary to be taken by such public body to comply with such
order is such that the bond issue, necessary to finance such project,
would not raise the total outstanding bonded indebtedness of such public
body in excess of any limit which may be imposed upon such indebtedness,
the necessary bonds may be issued as a direct obligation of such public
body and retired pursuant to general law governing the issue of such
bonds.  No election or referendum shall be necessary for the issuance of
bonds under this Section.
The funds made available by the issuance of direct obligation or
revenue bonds as herein provided shall constitute a Sanitary Fund, and
shall be used for no other purpose than for carrying out such order or
orders of the Board.
The Attorney General shall enforce this provision of the Act by an
action for mandamus, injunction, or other appropriate relief.
Any general obligation bonds issued under this Section, or any revenue
bonds
issued under this Section as limited bonds pursuant to Section 15.01 of the
Local
Government Debt Reform Act, are subject to the requirements of the Bond Issue
Notification Act.
(b) In order to be eligible for federal grants for construction of
sewage works pursuant to Section 201(g) of the Federal Water Pollution
Control Act, as now or hereafter amended, any sanitary district,
drainage district, municipality, county, special district or other unit
of local government established pursuant to State law, that owns or
operates sewage works may adopt, in accordance with such unit's
statutory procedures, ordinances or regulations to provide for systems
of proportionate cost sharing for operation and maintenance by
recipients of such unit's waste treatment services, to provide for
payments by industrial users of costs of sewage works construction
allocable to the treatment of industrial wastes, and to provide such
other capabilities as may be necessary to comply with Sections 204(b),
307, and 308 of the Federal Water Pollution Control Act, as now or
hereafter amended.
(c) In order to comply with Section 307 of the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations promulgated
thereunder, the units of local government
identified in subsection (b) of this Section may adopt, in accordance with
such unit's statutory procedures, ordinances or regulations to enable the
unit of government, as regards industrial users of sewage works, to control
through permit, contract, order or similar means, the nature and amount
of pollutants discharged to the sewage works, to require compliance with
applicable pretreatment standards and requirements, to require compliance
schedules and the submission of notices and self-monitoring reports related
thereto, to carry out inspection and monitoring procedures in order to
determine compliance or noncompliance with the applicable pretreatment
standards and requirements, to obtain remedies including, but not limited
to, injunctive relief and civil and criminal penalties for noncompliance
with pretreatment standards and requirements, and to provide such other
capabilities as may be necessary to comply with Section 307 of the
Federal Water Pollution Control Act, as now or hereafter amended, and
regulations
promulgated thereunder.
(Source: P.A. 89-655, eff. 1-1-97.)
(415 ILCS 5/47) (from Ch. 111 1/2, par. 1047)
Sec. 47. 
(a) The State of Illinois and all its agencies, institutions,
officers and subdivisions shall comply with all requirements, prohibitions,
and other provisions of the Act and of regulations adopted thereunder.
(b) (Blank).
(c) (Blank).
(Source: P.A. 97-220, eff. 7-28-11.)
(415 ILCS 5/48) (from Ch. 111 1/2, par. 1048)
Sec. 48. 
		
		(a) Whenever the Board has adopted regulations respecting the
equipment, specifications, use, inspection, or sale of vehicles, vessels,
or aircraft, no department or agency shall license any such vehicles,
vessels, or aircraft for operation in this State in the absence of such
proof as the Board may prescribe that the equipment in question satisfies
the Board's regulations.
(b) Whenever the Board has adopted regulations limiting vehicle, vessel,
or aircraft operations to essential or other classes of use under certain
conditions, the department or agency responsible for the licensing shall
issue indicia of such use, subject to standards prescribed by the Board,
for each vehicle, vessel, or aircraft qualifying therefor.
(Source: P.A. 76-2429.)
(415 ILCS 5/49) (from Ch. 111 1/2, par. 1049)
Sec. 49. 
		Proceedings governed by Act; compliance as defense.
(a) (Blank.)
(b) All proceedings respecting acts done before the effective date of
this Act shall be determined in accordance with the law and regulations in
force at the time such acts occurred.  All proceedings instituted for
actions taken after the effective date of this Act (July 1, 1970) shall
be governed by this Act.
(c) (Blank.)
(d) (Blank.)
(e) Compliance with the rules and regulations promulgated by the Board
under this Act shall constitute a prima facie defense to any action, legal,
equitable, or criminal, or an administrative proceeding for a violation of
this Act, brought by any person.
(Source: P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/50) (from Ch. 111 1/2, par. 1050)
Sec. 50. 
		(Repealed).
(Source: P.A. 76-2429. Repealed by P.A. 92-574, eff. 6-26-02.)
(415 ILCS 5/51) (from Ch. 111 1/2, par. 1051)
Sec. 51. 
		
		If any Section, subsection, sentence or clause of this Act shall be
adjudged unconstitutional, such adjudication shall not affect the validity
of the Act as a whole or of any Section, subsection, sentence or clause
thereof not adjudged unconstitutional.
(Source: P.A. 76-2429.)
(415 ILCS 5/52) (from Ch. 111 1/2, par. 1052)
Sec. 52. 
		
		(a) No person shall fire, or in any other way discriminate
against, or cause to be fired or discriminated against, any employee or any
authorized representative of employees by reason of the fact that such employee
or representative has filed, instituted, or caused to be filed or instituted
any proceeding under this Act, or has testified or is about to testify
in any proceeding resulting from the administration or enforcement of the
provisions of this Act, or offers any evidence of any violation of this Act.
(b) Any employee or a representative of employees who believes that he has
been fired or otherwise discriminated against by any person in violation
of subsection (a) of this Section may, within 30 days after such alleged
violation occurs, apply to the Director of the Department of Labor for a
review of such firing or alleged discrimination.  A copy of the application
shall be sent to such person who shall be the respondent.  Upon receipt of
such application, the Director of the Department
of Labor shall cause such investigation to be made as he deems appropriate.
Such investigation shall provide an opportunity for a public hearing at
the request of any party to such review to enable the parties to present
information relating to such alleged violation.  The parties shall be given
written notice of the time and place of the hearing at least 5 days prior
to the hearing.  Upon receiving the report of such investigation, the Director
shall make findings of fact.  If he finds that such violation did occur,
he shall issue a decision, incorporating an order therein of his findings,
requiring the party committing such violation to take such affirmative action
to abate the violation as the Director deems appropriate, including, but
not limited to, the rehiring or reinstatement of the employee or representative
of employees to his former position and shall be fully compensated for the
time he was unemployed.  If he finds that there was no such violation, he
shall issue an order denying the application.  Such order issued by the
Director under this subparagraph shall be subject to
judicial review under the Administrative Review Law, and all amendments
and modifications thereof.
(c) Whenever an order is issued under this Section to abate such violation,
at the request of the applicant a sum equal to the aggregate amount of all
costs and expenses (including attorney's fees) as determined by the Director
to have been reasonably incurred by the applicant for or in connection with
the commencement and prosecution of such proceedings shall be assessed against
the person committing such violation.
(d) This Section shall not apply to any employee who, acting without
direction from his employer, or his agents, deliberately fails to comply
with any requirement of this Act.
(Source: P.A. 83-1079.)
(415 ILCS 5/52.2)
Sec. 52.2. (Repealed).
(Source: P.A. 88-690, eff. 1-24-95. Repealed by P.A. 94-580, eff. 8-12-05.)
(415 ILCS 5/52.3-1)
Sec. 52.3-1. 
		Findings; purpose.
(a) The General Assembly finds that:
(1) During the last decade, considerable expertise in     pollution prevention, sophisticated emissions monitoring and tracking techniques, compliance auditing methods, stakeholder involvement, and innovative approaches to control pollution have been developed.
(2) Substantial opportunities exist to reduce the     amount of or prevent adverse impacts from emissions or discharges of pollutants or wastes through the use of innovative and cost effective measures not currently recognized by or allowed under existing environmental laws, rules, and regulations.
(3) There are persons regulated under this Act who     have demonstrated excellence and leadership in environmental compliance or stewardship or pollution prevention and, through the implementation of innovative measures, who can achieve further reductions in emissions or discharges of pollutants or wastes or continued environmental stewardship.
(4) Current environmental laws and regulations have,     in some instances, resulted in burdensome transactional requirements that are unnecessarily costly and complex for regulated entities and have proven to be frustrating to the public that is concerned about environmental protection.
(5) The goals of environmental protection will be     best served by promoting and evaluating the efforts of those persons who are ready to achieve measurable and verifiable pollution reductions in excess of the otherwise applicable statutory and regulatory requirements or who can demonstrate real environmental risk reduction, promote pollution prevention, foster superior environmental compliance by other persons regulated under this Act, and who can improve stakeholder involvement in environmental decision making.
(6) The United States Environmental Protection Agency     is operating a program entitled "National Environmental Performance Track" 65 Federal Register 41655 (July 6, 2000) (Federal Performance Track Program) to recognize and reward businesses and public facilities that demonstrate strong environmental performance beyond current regulatory requirements.  There should be a process that allows regulatory flexibility available to a participant in the Federal Performance Track Program to be also granted in the State if the participant's proposal is acceptable to the Agency.
(7) A process for implementing and evaluating     innovative environmental measures on a pilot project basis should be developed and implemented in this State.
(b) It is the purpose of this Section to create a voluntary pilot program by
which the Agency may enter into Environmental Management System Agreements with
persons regulated under this Act to implement innovative environmental measures
not otherwise recognized or allowed under existing laws and regulations of this
State if those measures:
(1) achieve emissions reductions or reductions in     discharges or wastes beyond the otherwise applicable statutory and regulatory requirements through pollution prevention or other suitable means; or
(2) achieve real environmental risk reduction or     foster environmental compliance by other persons regulated under this Act in a manner that is clearly superior to the existing regulatory system.
These Agreements may be executed with participants in the Federal
Performance Track Program if the provisions are acceptable to
the Agency.
(c) This program is a voluntary pilot program.
Participation is at the discretion of the Agency, and any decision by the
Agency to reject an initial proposal under this Section is not appealable. An
initial Agreement may be renewed for
appropriate time
periods if the Agency finds the Agreement continues
to
meet applicable requirements and the purposes of this Section.
(d) The Agency shall develop and make publicly available a program guidance
document regarding participation in the pilot program.  A draft document shall
be distributed for review and comment by interested parties and a final
document shall be completed by December 1, 1996.  At a minimum, this document
shall include the following:
(1) The approximate number of projects that the     Agency envisions being part of the pilot program.
(2) The types of projects and facilities that the     Agency believes would be most useful to be a part of the pilot program.
(3) A description of potentially useful environmental     management systems, such as ISO 14000.
(4) A description of suitable Environmental     Performance Plans, including appropriate provisions or opportunities for promoting pollution prevention and sustainable development.
(5) A description of practices and procedures to     ensure that performance is measurable and verifiable.
(6) A characterization of less-preferred practices     that can generate adverse consequences such as multi-media pollutant transfers.
(7) A description of suitable practices for     productive stakeholder involvement in project development and implementation that may include, but need not be limited to, consensus-based decision making and appropriate technical assistance.
(e) The Agency has the authority to develop and distribute written guidance,
fact sheets, or other documents that explain, summarize, or describe programs
operated under this Act or regulations.  The written guidance, fact sheets, or
other documents shall not be considered rules and shall not be subject to the
Illinois Administrative Procedure Act.
(Source: P.A. 92-397, eff. 1-1-02; 93-171, eff. 7-10-03.)
(415 ILCS 5/52.3-2)
Sec. 52.3-2. 
		Agency authority; scope of agreement.
(a) The Agency may enter into an initial Environmental Management System
Agreement with any person regulated under this Act to implement innovative
environmental measures that relate to or involve provisions of this Act, even
if one or more of the terms of such an Agreement would be inconsistent with an
otherwise applicable statute or regulation of this State.  Participation in
this program is limited to those persons who have submitted an Environmental
Management System Agreement that is acceptable to the Agency and who are not
currently subject to enforcement action under this Act.
(b) The Agency may adopt rules to implement this Section.   Without limiting the generality of this
authority, those regulations may, among other things:
(1) Specify the criteria an applicant must meet to     participate in this program.
(2) Specify the minimum contents of a proposed     Environmental Management System Agreement, including, without limitation, the following:
(A) requiring identification of all State and         federal statutes, rules, and regulations applicable to the facility;
(B) requiring identification of all statutes,         rules, and regulations that are inconsistent with one or more terms of the proposed Environmental Management System Agreement;
(C) requiring a statement of how the proposed         Environmental Management System Agreement will achieve one or more of the purposes of this Section;
(D) requiring identification of those members of         the general public, representatives of local communities, and environmental groups who may have an interest in the Environmental Management System Agreement; and
(E) requiring identification of how a participant         will demonstrate ongoing compliance with the terms of its Environmental Management System Agreement, which may include an evaluation of a participant's performance under the Environmental Management System Agreement by a third party acceptable to the Agency.  Compliance with the Agreement shall be determined not less than annually.
(3) Specify the procedures for review by the Agency     of Environmental Management System Agreements.
(4) Specify the procedures for public participation     in, including notice of and comment on, Environmental Management System Agreements and stakeholder involvement in design and implementation of specific projects that are undertaken.
(5) Specify the procedures for voluntary termination     of an Environmental Management System Agreement.
(6) Specify the type of performance guarantee to be     provided by an applicant for participation in this program.  The nature of the performance guarantee shall be directly related to the complexity of and environmental risk associated with the proposed Environmental Management System Agreement.
(c) The Agency shall propose by December 31, 1996, and the Board shall
promulgate, criteria and
procedures for involuntary termination of Environmental Management System
Agreements. The Board shall complete such rulemaking no later than 180 days
after receipt of the Agency's proposal.
(d) After July 1, 2003, the Agency
may enter into an initial Environmental Management System Agreement with
any participant in the Federal Performance Track Program, in accordance with the following:
(1) The participant submits, in writing, a proposed     Environmental Management System Agreement to the Agency.
(1.5) The Agency shall provide notice to the public,     including an opportunity for public comment and hearing in accordance with the procedures set forth in 35 Ill. Adm. Code Part 164, on each proposal filed with the Agency under this subsection (d).
(2) The Agency shall have 120 days after the public     comment period, unless the participant grants an extension, to execute a proposed Environmental Management System Agreement.
(3) Failure to execute an agreement shall be deemed a     rejection.
(4) A rejection of a proposed Environmental     Management System Agreement by the Agency shall not be appealable.
(Source: P.A. 92-397, eff. 1-1-02; 93-171, eff. 7-10-03.)
(415 ILCS 5/52.3-3)
Sec. 52.3-3. 
		Effect of Environmental Management System Agreements.
(a) An Environmental Management System Agreement shall operate in lieu of
all applicable requirements under Illinois and federal environmental statutes,
regulations, and existing permits that are identified in the Agreement.  Any
environmental statute, regulation, or condition in an existing permit that
differs from a term or condition in an Agreement  shall cease to apply from the
effective date of an initial or renewed Agreement until it is terminated or
expires.
(b) Notwithstanding the other provisions of this Section, no Agreement
entered
into by the Agency may allow a participant to cause air or water pollution or
an unauthorized release in violation of this Act.
(c) Nothing in this Section shall reduce, eliminate, or in any way affect
any fees that a participant in this program may be subject to under any
federal environmental statute or regulation or under this Act or any
rule promulgated hereunder.
(d) Applicants for participation in the Environmental Management System
Agreement Program shall pay all costs associated with public
notice and hearings.
(Source: P.A. 89-465, eff. 6-13-96.)
(415 ILCS 5/52.3-4)
Sec. 52.3-4. 
		Performance assurance.
(a) The Agency shall ensure that each Environmental Management System
Agreement contains appropriate provisions for performance assurance.
Those provisions may specify types of performance guarantees to be provided by
the participant to assure performance of the terms and conditions of the
Agreement.
(b) In the case of deficient performance of any term or condition in an
Environmental Management System Agreement that prevents achievement of the
stated purposes in subsection (b) of Section 52.3-1, the Agency may terminate
the Agreement and the participant may be subject to enforcement in accordance
with the provisions of Section 31 or 42 of this Act.
(b-5) The Agency may terminate an Agreement executed pursuant to
subsection
(d) of Section 52.3-1 if participation in the Federal Performance Track Program
ceases.
(c) If the Agreement is terminated, the facility shall
have sufficient time to apply for and receive any necessary permits to continue
the operations in effect during the course of the Environmental Management
Systems Agreement.  Any such application shall also be deemed a timely and
complete application for renewal of an existing permit under applicable law.
(d) The Agency may adopt rules that are necessary to carry out its
duties under this Section including, but not limited to, rules that provide
mechanisms for alternative dispute resolution and performance assurance.
(e) Nothing in this Section shall limit the authority or ability of a
State's Attorney or the Attorney General to proceed pursuant to Section 43(a)
of this Act, or to enforce Section 44 or 44.1 of this Act, except that for the
purposes of enforcement under Section 43(a), 44, or 44.1, an Agreement shall be
deemed to be a permit issued under this Act to engage in activities authorized
under the Agreement.
(Source: P.A. 93-171, eff. 7-10-03.)
(415 ILCS 5/52.3-5)
Sec. 52.3-5. Effect of amendatory Act of the 96th General Assembly. Nothing contained in this amendatory Act of the 96th General Assembly shall remove any liability for any operation, site, or facility operating without any required legal permit or authorization for activities taking place prior to the effective date of this Act.
(Source: P.A. 96-611, eff. 8-24-09.)
(415 ILCS 5/52.3-10)
Sec. 52.3-10. Effect of amendatory Act of the 96th General Assembly. Nothing contained in this amendatory Act of the 96th General Assembly shall remove any liability for any operation, site, or facility operating without any required legal permit or authorization for activities taking place prior to the effective date of this Act.
(Source: P.A. 96-1068, eff. 7-16-10.)
(415 ILCS 5/52.5)
Sec. 52.5. Microbead-free waters.
(a) As used in this Section:
"Over the counter drug" means a drug that is a personal care product that contains a label that identifies the product as a drug as required by 21 CFR 201.66. An "over the counter drug" label includes:
(1) A drug facts panel; or
(2) A statement of the active ingredients with a list     of those ingredients contained in the compound, substance, or preparation.
"Personal care product" means any article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and any article intended for use as a component of any such article.  "Personal care product" does not include any prescription drugs.
"Plastic" means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during life cycle and after disposal.
"Synthetic plastic microbead" means any intentionally added non-biodegradable solid plastic particle measured less than 5 millimeters in size and is used to exfoliate or cleanse in a rinse-off product.
(b) The General Assembly hereby finds that microbeads, a synthetic alternative ingredient to such natural materials as ground almonds, oatmeal, and pumice, found in over 100 personal care products, including facial cleansers, shampoos, and toothpastes, pose a serious threat to the State's environment.
Microbeads have been documented to collect harmful pollutants already present in the environment and harm fish and other aquatic organisms that form the base of the aquatic food chain.  Recently, microbeads have been recorded in Illinois water bodies, and in particular, the waters of Lake Michigan.
Although synthetic plastic microbeads are a safe and effective mild abrasive ingredient effectively used for gently removing dead skin, there are recent concerns about the potential environmental impact of these materials.  More research is needed on any adverse consequences, but a number of cosmetic manufacturers have already begun a voluntary process for identifying alternatives that allay those concerns.  Those alternatives will be carefully evaluated to assure safety and implemented in a timely manner.
Without significant and costly improvements to the majority of the State's sewage treatment facilities, microbeads contained in products will continue to pollute Illinois' waters and hinder the recent substantial economic investments in redeveloping Illinois waterfronts and the ongoing efforts to restore the State's lakes and rivers and recreational and commercial fisheries.
(c) Effective December 31, 2017, no person shall manufacture for sale a personal care product, except for an over the counter drug, that contains synthetic plastic microbeads as defined in this Section.
(d) Effective December 31, 2018, no person shall accept for sale a personal care product, except for an over the counter drug, that contains synthetic plastic microbeads as defined in this Section.
(e) Effective December 31, 2018, no person shall manufacture for sale an over the counter drug that contains synthetic plastic microbeads as defined in this Section.
(f) Effective December 31, 2019, no person shall accept for sale an over the counter drug that contains synthetic plastic microbeads as defined in this Section.
(Source: P.A. 98-638, eff. 1-1-15.)
(415 ILCS 5/52.10)
Sec. 52.10. (Repealed).
(Source: P.A. 102-996, eff. 5-27-22. Repealed internally, eff. 12-31-22.)