SB 2333 — IEPA - NO ANONYMOUS COMPLAINTS

*LRB09418647RSP54000b* SB2333 94THEngrossed GENERALLRB094 ASSEMBLY18647 StateRSP of54000 Illinoisb andAN 2006ACT SB2333concerning Introducedsafety. 1/12/2006, by Sen.

Frank C.

Watson and John O.

Jones SYNOPSIS AS INTRODUCED:

ILCS 5/4 from Ch.

111 1/2, par.

1004 ILCS 5/7 from Ch.

111 1/2, par.

1007 Amends the Environmental Protection Act.

Authorizes the Agency to collect and solicit citizen complaints alleging a violation of the Act, any rule adopted under the Act, a permit granted by the Agency, or a condition of a permit via telephone, website, fax, mail, e-mail, or any other reasonable means.

Provides that the Agency may not accept citizen complaints that are anonymous and unaccompanied by the name and mailing address of the complainant.

Sets forth that the Agency must keep the name and address of the complainant confidential.

Requires the Agency to verify that the complainant exists.

Exempts the name and address of these complainants from public disclosure under provisions of the Act authorizing reasonable public inspection.

Effective immediately.

LRB094 18647 RSP 54000 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB2333 LRB094 18647 RSP 54000 b AN ACT concerning safety.

(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 SB2333 Engrossed - 2 - LRB094 18647 RSP 54000 b 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.

The Agency,Agency however, may not accept citizen complaints that are anonymous and unaccompanied by the name and mailing address of the complainant.complainant, except that, for complaints alleging a violation arising out of agricultural production, the SB2333 Engrossed - 3 - LRB094 18647 RSP 54000 b complainant must provide his or her name and mailing address.

The Agency mustshall verifykeep thatthe name and address of complainants confidential as provided in Section 7 and subject to the complainantpenalty exists.provisions of Section 44 of this Act.

TheAs Agencyused mustin keepthis paragraph, "agricultural production" means the nameproduction andfor SB2333commercial -purposes 3of -crops, LRB094livestock, 18647and RSPlivestock 54000and baquatic addressproducts, ofbut not the complainantprocessing confidential.of such crops, livestock, or livestock or aquatic products by persons who are not producing them.

(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 SB2333 Engrossed - 4 - LRB094 18647 RSP 54000 b for the purposes of this 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 SB2333 - 4 - LRB094 18647 RSP 54000 b protection.

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 SB2333 Engrossed - 5 - LRB094 18647 RSP 54000 b 91-512, approved October 26, 1970, as amended, and amended by the Resource Conservation and Recovery Act of 1976, (P.L.

96-510), as SB2333 - 5 - LRB094 18647 RSP 54000 b amended;

(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 SB2333 Engrossed - 6 - LRB094 18647 RSP 54000 b appropriate persons in connection with the jurisdiction or duties of each such unit, agency, officer or person.

(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 SB2333 - 6 - LRB094 18647 RSP 54000 b 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.

Owners of water supplies may enter SB2333 Engrossed - 7 - LRB094 18647 RSP 54000 b into agreements with the Agency to provide for reduced Agency participation in sample analyses.

SB2333 - 7 - LRB094 18647 RSP 54000 b (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.

The Director of the Agency is authorized to enter into such contracts and agreements as are necessary to carry out the SB2333 Engrossed - 8 - LRB094 18647 RSP 54000 b Agency’s duties under this subsection.

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 SB2333 - 8 - LRB094 18647 RSP 54000 b to the Anti-Pollution Bond Act, as now or hereafter amended.

The Agency shall not make determinations on whether specific grant conditions are necessary to ensure the integrity of a SB2333 Engrossed - 9 - LRB094 18647 RSP 54000 b 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 SB2333 - 9 - LRB094 18647 RSP 54000 b complete standards, pursuant to Section 5-20 of the Illinois Administrative Procedure Act, for determining whether to issue a stop-work order.

(v) information concerning the name or address of a citizen complainant who has submitted a complaint to the Agency alleging a violation of the Act, any rule adopted under the Act, a permit granted by the Agency, or a SB2333 Engrossed - 10 - LRB094 18647 RSP 54000 b condition of the permit.

and (ii) the Agency, the Board, and the Department may make available to the public for inspection and copying any SB2333 - 10 - LRB094 18647 RSP 54000 b required records, reports, information, permits, and permit applications obtained from contaminant sources subject to the provisions of Section 12 (f) of this Act;

(e) Notwithstanding any other provisions of this Title, or any other law to the contrary, any information accorded confidential treatment may be disclosed or transmitted to other officers, employees or authorized representatives of this State or of the United States concerned with or for the purposes of carrying out this Act or federal environmental SB2333 Engrossed - 11 - LRB094 18647 RSP 54000 b statutes and regulations;

SB2333 - 11 - LRB094 18647 RSP 54000 b (g) All files, records and data of the Agency, the Board and the Department shall be made available to the Department of Public Health pursuant to the Illinois Health and Hazardous Substances Registry Act.