Hot Topics: Key Environmental Issues For Municipalities Claire A. Manning Presentation Illinois Municipal League Annual Conference Chicago, Illinois 2014

ILLINOIS ENVIRONMENTAL FRAMEWORK IEPA Pollution Control Bd. Attorney General USEPA/Reg V/D.C. [The Ill. Legislature]

Illinois Municipalities - A Tale of Two Roles The Regulated. The Regulator.

Developments For the Regulated #1 IEPA: New Administrative Citations Authority (P.A. 98-0856, 8/4/14) PWS to designate a Responsible Operator Operator Can Receive an AC fine ($500-$1500) Record Keeping Violations Same procedure as open dumping

Developments For the Regulated #2 More Stringent Ammonia Nitrogen WQ Standard for Chicago Area Waterway System CAWS Rulemaking – R 08-9 (IEPA, Environmental Groups, MWRD, Industry) Designated Use Determination Aquatic Life Standard Municipal Impact – What river basin is next?

Developments For the Regulated #3 Legislation Pending to Make Changes to IEPA’s Revolving Loan Program, HB 4382 (pending) New definition of “treatment works” – Greater eligibility for funding Stormwater runoff and treatment systems Industrial waste systems Combined stormwater and sanitary sewer systems IEPA to Make Loans through Linked Deposit Would be authorized to provide financial assistance through private lenders for eligible non-point source pollution control projects. IEPA directed to promulgate rules To prioritize loans To encourage green infrastructure water efficiency, environmentally innovative projects, and nutrient pollution removal

Developments For the Regulated #5 Road Salt IEPA Enforcement Efforts Re: Salt Piles Future Developments? Future municipal impact? $$$$$

As the Regulator….Legal Authority. Municipal Environmental Regulatory Authority General municipal authority Ordinance Authority (Home-rule status) Protection of public health and safety Zoning authority (except landfills) Caution: Preemption Federal Preemption: CWA; CAA; SWDA; RCRA; CERCLA State Preemption: Environmental Protection Act; IPCB; IEPA.

As the Regulator….Siting or Permitting Authority State Law: Pollution Control Facilities (Landfills, Transfer Stations, etc.) Windfarms (Pending: S.B. 3263) Recent Pollution Control Facility Siting Case: PCB 14-099 – Village of Round Lake: Fundamentally fair No predetermined outcome Based upon application, hearing, record Supported by evidence

As the Regulator….Filing Enforcement Actions Citizen’s Complaint – City as Citizen (Ill Const. Art. XI §2) – Federal as well (CWA, CERCLA, CAA, Etc.) Enforcement of: Illinois Environmental Protection Act IPCB Order IPCB regulation IEPA permit Federal Laws (federal court) Jurisdictional Issue: PCB 13-22 Dismissed Challenge to Clinton Landfill (Champaign, Urbana, Bloomington, Normal, Decatur, Savoy)

As the Regulator….Waste & Recycling Hauling Issues “Household goods recycling bins” now subject to municipal regulation, PA 98-1116 (8/26/14) Waste haulers operating in 6 northern counties required to offer recycling to businesses, PA 98-1079 (8/26/14)

On the Horizon for Municipalities

Government Going Green Property Assessed Clean Energy (PACE) 65 ILCS 5/1-1-11, P.A. 96-481, eff. 1-1-10; 96-1000, eff. 7-2-10. A municipality may enter into voluntary agreements with the owners of property within the municipality to provide for contractual assessments to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property.

CONTACT INFORMATION Claire A. Manning   Brown, Hay & Stephens, LLP 205 S. Fifth Street Springfield, Illinois 62705 Tel 217-544-8491, ext. 244 Fax 217-241-3111 cmanning@bhslaw.com