2005 Illinois Code - 415 ILCS 5/ Environmental Protection Act. Title VI-B - Toxic Chemical Reporting
(415 ILCS 5/Tit. VI‑B heading) TITLE VI‑B: TOXIC CHEMICAL REPORTING
(415 ILCS 5/25b‑1)(from Ch. 111 1/2, par. 1025b‑1) Sec. 25b‑1. (a) The General Assembly finds: (1) That many industrial facilities in the State may
be emitting or discharging toxic chemicals into the environment on an ongoing basis, and that such releases may pose a chronic threat to public health and the environment.
(2) That members of the general public have a right
to know about the toxic chemical emissions and discharges in their communities so that they can determine the implications on public health from exposure to such chemicals and participate in public policy decision‑making.
(3) That the federal Emergency Planning and
Community Right‑to‑Know Act of 1986 requires certain industries to provide information to the State on the types and quantities of toxic chemicals released into the air, ground and water.
(4) That the federal Pollution Prevention Act of
1990 requires that the same industries file an annual source reduction and recycling report to provide information to the State on source reduction, as defined in such Act, and recycling activities which were conducted during the previous calendar year.
(b) It is the purpose of this Title to provide for the coordinated State
implementation of the federal programs that require the disclosure of
information about routine releases, source reduction, and recycling of
toxic chemicals,
and to provide an orderly procedure whereby the public may gain access to
this information. (Source: P.A. 87‑1213.)
(415 ILCS 5/25b‑2)(from Ch. 111 1/2, par. 1025b‑2) Sec. 25b‑2. (a) Facilities which are required to file toxic chemical
release forms with the State pursuant to Section 313 of the federal
Emergency Planning and Community Right‑to‑Know Act of 1986 shall file such
forms with the Illinois Environmental Protection Agency. (b) The Agency shall make toxic chemical release forms available to
the public for inspection and copying during regular business hours and,
upon written request, shall send copies of such forms by mail to any
resident of the State. (Source: P.A. 85‑927.)
(415 ILCS 5/25b‑3)(from Ch. 111 1/2, par. 1025b‑3) Sec. 25b‑3. In cooperation with the United States Environmental Protection Agency, the Agency shall provide in a
computer data base an Illinois Toxic Chemical Inventory. The
Inventory shall be based on the toxic chemical release forms filed pursuant to
Section 313 of the federal Emergency Planning and Community Right‑to‑know Act of 1986 and may include, to the extent practicable, any other
information on emissions, discharges, source reduction
activities, and recycling of toxic contaminants
submitted to the Agency pursuant to this Act. The Agency shall
maintain the data in the Inventory by individual facility and
company name, standard industrial classification, type of chemical,
and geographic location. (Source: P.A. 94‑580, eff. 8‑12‑05.)
(415 ILCS 5/25b‑4)(from Ch. 111 1/2, par. 1025b‑4) Sec. 25b‑4. On or before September 1 of each year, the
Agency shall publish an annual toxic chemical report. Such report shall
summarize the information on releases of toxic chemicals into the
environment and the source reduction and recycling of toxic chemicals
contained in toxic chemical release forms filed pursuant to Section 313 of the federal Emergency Planning and Community Right‑to‑know Act of 1986 and any other information contained in the
Illinois Toxic Chemical Inventory. Such report, at a minimum, shall
contain information on the types and quantities of toxic chemicals
discharged, emitted or disposed into the environment in Illinois, the
types and quantities of toxic chemicals recycled or reduced at the source in
Illinois,
and a summary of such data by county or region and type of business. The
Agency shall send copies of such annual report to the chief executive
officer of each county in the State, to local public health departments, and
to members of the General Assembly. (Source: P.A. 94‑580, eff. 8‑12‑05.)
(415 ILCS 5/25b‑5)(from Ch. 111 1/2, par. 1025b‑5) Sec. 25b‑5. Review of toxic chemical status. The Agency shall periodically review the status of toxic
chemicals and types of facilities covered under the reporting requirements
of Section 313 of the federal Emergency Planning and Community
Right‑to‑Know Act of 1986. (Source: P.A. 92‑574, eff. 6‑26‑02.)
(415 ILCS 5/25b‑6) Sec. 25b‑6. Failure to receive toxic chemical release form; notice. Prior
to
taking action pursuant to Title VIII for a violation of Section 25b‑2 of this
Act, the Agency shall issue, no earlier than August 1 of each year, by
certified
mail or personal service upon the person complained against, a notice that the
Agency has failed to receive from that person all required toxic chemical
release forms
and provide a period of 30 days to submit the forms to the Agency. In the
event that person fails to file the forms with the Agency within the 30 day
period, the Agency may proceed with enforcement pursuant to Title VIII of this
Act. (Source: P.A. 88‑106.)
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