Chapter 415 — ENVIRONMENTAL SAFETY

(415 ILCS 5/3.545) (was 415 ILCS 5/3.55) Sec. 3.545. Water pollution. "Water pollution" is such alteration of the physical, thermal, chemical, biological or radioactive properties of any waters of the State, or such discharge of any contaminant into any waters of the State, as wi…

(415 ILCS 5/3.550) (was 415 ILCS 5/3.56) Sec. 3.550. Waters. "Waters" means all accumulations of water, surface and underground, natural, and artificial, public and private, or parts thereof, which are wholly or partially within, flow through, or border upon this State. (Source: …

(415 ILCS 5/3.555) (was 415 ILCS 5/3.57) Sec. 3.555. Well. "Well" means a bored, drilled or driven shaft, or dug hole, the depth of which is greater than the largest surface dimension. (Source: P.A. 92-574, eff. 6-26-02.)

(415 ILCS 5/3.560) Sec. 3.560. Exceptional Quality biosolids. "Exceptional Quality biosolids" means solids that: (1) are generated from the advanced processing of publicly-owned sewage treatment plant sludge; (2) do not exceed the ceiling concentration limits in Table 1 of 40 CFR…

(415 ILCS 5/30) (from Ch. 111 1/2, par. 1030) Sec. 30. Investigations. The Agency shall cause investigations to be made upon the request of the Board or upon receipt of information concerning an alleged violation of this Act, any rule or regulation adopted under this Act, any per…

(415 ILCS 5/31) (from Ch. 111 1/2, par. 1031) Sec. 31. Notice; complaint; hearing. (a)(1) Within 180 days after becoming aware of an alleged violation of this Act, any rule adopted under this Act, a permit granted by the Agency, or a condition of such a permit, the Agency shall i…

(415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1) Sec. 31.1. Administrative citation. (a) The prohibitions specified in subsections (o) and (p) of Section 21 and subsection (k) of Section 55 of this Act shall be enforceable either by administrative citation under this Section or …

(415 ILCS 5/31.2) (from Ch. 111 1/2, par. 1031.2) Sec. 31.2. A landowner who provides information to the Agency in good faith concerning a name, address or other evidence of a person's identity found in garbage or other solid waste illegally dumped on the landowner's land shall h…

(415 ILCS 5/32) (from Ch. 111 1/2, par. 1032) Sec. 32. All hearings under this Title shall be held before a qualified hearing officer, who may be attended by at least one member of the Board, designated by the Chairman. All such hearings shall be open to the public, and any perso…

(415 ILCS 5/33) (from Ch. 111 1/2, par. 1033) Sec. 33. Board orders. (a) After due consideration of the written and oral statements, the testimony and arguments that shall be submitted at the hearing, or upon default in appearance of the respondent on return day specified in the …

(415 ILCS 5/34) (from Ch. 111 1/2, par. 1034) Sec. 34. (a) Upon a finding that episode or emergency conditions specified in Board regulations exist, the Agency shall declare such alerts or emergencies as provided by those regulations. While such an alert or emergency is in effect…

(415 ILCS 5/35) (from Ch. 111 1/2, par. 1035) Sec. 35. Variances; general provisions. To the extent consistent with applicable provisions of the Federal Water Pollution Control Act, as now or hereafter amended, the Federal Safe Drinking Water Act (P.L. 93-523), as now or hereafte…

(415 ILCS 5/36) (from Ch. 111 1/2, par. 1036) Sec. 36. Variances and provisional variances. (a) In granting a variance the Board may impose such conditions as the policies of this Act may require. If the hardship complained of consists solely of the need for a reasonable delay in…

(415 ILCS 5/37) (from Ch. 111 1/2, par. 1037) Sec. 37. Variances; procedures. (a) Any person seeking a variance pursuant to subsection (a) of Section 35 shall do so by filing a petition for variance with the Board and providing a copy of the petition to the Agency. Any person fil…

(415 ILCS 5/38) (from Ch. 111 1/2, par. 1038) Sec. 38. (a) Except as otherwise provided in subsection (c), if the Board fails to take final action upon a variance request within 120 days after the filing of the petition or the receipt of a request for hearing pursuant to subsecti…

(415 ILCS 5/38.5) Sec. 38.5. Time-limited water quality standards. (a) To the extent consistent with the Federal Water Pollution Control Act, rules adopted by the United States Environmental Protection Agency under that Act, this Section, and rules adopted by the Board under this…

(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039) (Text of Section before amendment by P.A. 104-458) Sec. 39. Issuance of permits; procedures. (a) When the Board has by regulation required a permit for the construction, installation, or operation of any type of facility, equipment, v…

(415 ILCS 5/39.1) (from Ch. 111 1/2, par. 1039.1) Sec. 39.1. (a) In addition to such other procedures as may be available, owners or operators of emission sources individually or collectively, may apply for and obtain from the Agency permits under this Section authorizing the con…

(415 ILCS 5/39.10) Sec. 39.10. General permits. (a) Except as otherwise prohibited by federal law or regulation, the Agency may issue general permits for the construction, installation, or operation of categories of facilities for which permits are required under this Act or Boar…

(415 ILCS 5/39.12) Sec. 39.12. Permits by rule. (a) Except as otherwise prohibited by federal law or regulation, the Board may adopt rules providing for permits by rule for classes of facilities or equipment, provided that the permits by rule are consistent with federal and State…

(415 ILCS 5/39.14) Sec. 39.14. Expedited review of permits. (a) It is the intent of this Section to promote an expedited permit review process for any permit required under this Act. (b) Any applicant for a permit under this Act may request in writing from the Agency an expedited…

(415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2) Sec. 39.2. Local siting review. (a) The county board of the county or the governing body of the municipality, as determined by paragraph (c) of Section 39 of this Act, shall approve or disapprove the request for local siting appro…

(415 ILCS 5/39.3) (from Ch. 111 1/2, par. 1039.3) Sec. 39.3. Hazardous waste facilities. (a) The provisions of this Section apply to any application for a permit under the Solid Waste Rules of the Board's Rules and Regulations to develop a new pollution control facility for the d…

(415 ILCS 5/39.4) (from Ch. 111 1/2, par. 1039.4) Sec. 39.4. (a) Upon receipt of a joint application transmitted from the Department of Agriculture for an agrichemical facility construction or operation permit or a lawncare containment permit, the Agency may provide a written end…

(415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5) Sec. 39.5. Clean Air Act Permit Program. 1. Definitions. For purposes of this Section: "Administrative permit amendment" means a permit revision subject to subsection 13 of this Section. "Affected source for acid deposition" means…

(415 ILCS 5/39.8) Sec. 39.8. Gasification conversion technology demonstration permit. (a) The purpose of this Section is to provide for the permitting and limited testing of gasification conversion technologies on a pilot scale basis. (b) For purposes of this Section: "Gasificati…

(415 ILCS 5/39.9) Sec. 39.9. Thermochemical conversion technology demonstration permit. (a) The purpose of this Section is to provide for the permitting and testing of thermochemical conversion technology ("TCT") on a pilot-scale basis. (b) For purposes of this Section: "Thermoch…

(415 ILCS 5/4) (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 super…

(415 ILCS 5/4.1) Sec. 4.1. (Repealed). (Source: P.A. 88-414. Repealed by P.A. 92-574, eff. 6-26-02.)

(415 ILCS 5/40) (from Ch. 111 1/2, par. 1040) Sec. 40. Appeal of permit denial. (a)(1) If the Agency refuses to grant or grants with conditions a permit under Section 39 of this Act, the applicant may, within 35 days after the date on which the Agency served its decision on the a…

(415 ILCS 5/40.1) (from Ch. 111 1/2, par. 1040.1) Sec. 40.1. Appeal of siting approval. (a) If the county board or the governing body of the municipality, as determined by paragraph (c) of Section 39 of this Act, refuses to grant or grants with conditions approval under Section 3…

(415 ILCS 5/40.2) (from Ch. 111 1/2, par. 1040.2) Sec. 40.2. Application of review process. (a) Subsection (a) of Section 40 does not apply to any permit which is subject to Section 39.5. If the Agency refuses to grant or grants with conditions a CAAPP permit, makes a determinati…

(415 ILCS 5/40.3) Sec. 40.3. Review process for PSD permits. (a) (1) Subsection (a) of Section 40 does not apply to any PSD permit that is subject to subsection (c) of Section 9.1 of this Act. If the Agency refused to grant or grants with conditions a PSD permit, the applicant ma…

(415 ILCS 5/41) (from Ch. 111 1/2, par. 1041) Sec. 41. Judicial review. (a) Any party to a Board hearing, any person who filed a complaint on which a hearing was denied, any person who has been denied a variance or permit under this Act, any party adversely affected by a final or…

(415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) Sec. 42. Civil penalties. (a) Except as provided in this Section, any person that violates any provision of this Act or any regulation adopted by the Board, or any permit or term or condition thereof, or that violates any order of the…

(415 ILCS 5/43) (from Ch. 111 1/2, par. 1043) Sec. 43. (a) In circumstances of substantial danger to the environment or to the public health of persons or to the welfare of persons where such danger is to the livelihood of such persons, the State's Attorney or Attorney General, u…

(415 ILCS 5/44) (from Ch. 111 1/2, par. 1044) Sec. 44. Criminal acts; penalties. (a) Except as otherwise provided in this Section, it shall be a Class A misdemeanor to violate this Act or regulations thereunder, or any permit or term or condition thereof, or knowingly to submit a…

(415 ILCS 5/44.1) Sec. 44.1. (a) In addition to all other civil and criminal penalties provided by law, any person convicted of a criminal violation of this Act or the regulations adopted thereunder shall forfeit to the State (1) an amount equal to the value of all profits earned…

(415 ILCS 5/45) (from Ch. 111 1/2, par. 1045) Sec. 45. Injunctive and other relief. (a) No existing civil or criminal remedy for any wrongful action shall be excluded or impaired by this Act. Nothing in this Act shall be construed to limit or supersede the provisions of the Illin…

(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…

(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)…

(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 aircraf…

(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 ti…

(415 ILCS 5/5) (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 technica…

(415 ILCS 5/5.1) (from Ch. 111 1/2, par. 1005.1) Sec. 5.1. (Repealed). (Source: P.A. 89-445, eff. 2-7-96. Repealed by 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 no…

(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 represe…

(415 ILCS 5/52.10) Sec. 52.10. (Repealed). (Source: P.A. 102-996, eff. 5-27-22. Repealed internally, eff. 12-31-22.)

(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.)