ILCS » Chapter 415 · Act 5
Illinois Compiled Statutes

415 ILCS 5/5 (2026)

Pollution Control Board

✓ current as of May 2026
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(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 technically qualified members, no more than 3 of whom may be of the same political party, to be appointed by the Governor with the advice and consent of the Senate. Members shall have verifiable technical, academic, or actual experience in the field of pollution control or environmental law and regulation.
    One member shall be appointed for a term ending July 1, 2004, 2 shall be appointed for terms ending July 1, 2005, and 2 shall be appointed for terms ending July 1, 2006. Thereafter, all members shall hold office for 3 years from the first day of July in the year in which they were appointed, except in case of an appointment to fill a vacancy. In case of a vacancy in the office when the Senate is not in session, the Governor may make a temporary appointment until the next meeting of the Senate, when he or she shall nominate some person to fill such office; and any person so nominated, who is confirmed by the Senate, shall hold the office during the remainder of the term.
    Members of the Board shall hold office until their respective successors have been appointed and qualified. Any member may resign from office, such resignation to take effect when a successor has been appointed and has qualified.
    Board members shall be paid $37,000 per year or an amount set by the Compensation Review Board, whichever is greater, and the Chairman shall be paid $43,000 per year or an amount set by the Compensation Review Board, whichever is greater. Each member shall devote his or her entire time to the duties of the office, and shall hold no other office or position of profit, nor engage in any other business, employment, or vocation. Each member shall be reimbursed for expenses necessarily incurred and shall make a financial disclosure upon appointment.
    The Board may employ one assistant for each member and 2 assistants for the Chairman. The Board also may employ and compensate hearing officers to preside at hearings under this Act, and such other personnel as may be necessary. Hearing officers shall be attorneys licensed to practice law in Illinois.
    The Board may have an Executive Director; if so, the Executive Director shall be appointed by the Governor with the advice and consent of the Senate. The salary and duties of the Executive Director shall be fixed by the Board.
    The Governor shall designate one Board member to be Chairman, who shall serve at the pleasure of the Governor.
    The Board shall hold at least one meeting each month and such additional meetings as may be prescribed by Board rules. In addition, special meetings may be called by the Chairman or by any 2 Board members, upon delivery of 48 hours written notice to the office of each member. All Board meetings shall be open to the public, and public notice of all meetings shall be given at least 48 hours in advance of each meeting. In emergency situations in which a majority of the Board certifies that exigencies of time require the requirements of public notice and of 24 hour written notice to members may be dispensed with, and Board members shall receive such notice as is reasonable under the circumstances.
    Three members of the Board shall constitute a quorum to transact business; and the affirmative vote of 3 members is necessary to adopt any order. The Board shall keep a complete and accurate record of all its meetings.
    (b) The Board shall determine, define and implement the environmental control standards applicable in the State of Illinois and may adopt rules and regulations in accordance with Title VII of this Act.
    (c) The Board shall have authority to act for the State in regard to the adoption of standards for submission to the United States under any federal law respecting environmental protection. Such standards shall be adopted in accordance with Title VII of the Act and upon adoption shall be forwarded to the Environmental Protection Agency for submission to the United States pursuant to subsections (l) and (m) of Section 4 of this Act. Nothing in this paragraph shall limit the discretion of the Governor to delegate authority granted to the Governor under any federal law.
    (d) The Board shall have authority to conduct proceedings upon complaints charging 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; upon administrative citations; upon petitions for variances, adjusted standards, or time-limited water quality standards; upon petitions for review of the Agency's final determinations on permit applications in accordance with Title X of this Act; upon petitions to remove seals under Section 34 of this Act; and upon other petitions for review of final determinations which are made pursuant to this Act or Board rule and which involve a subject which the Board is authorized to regulate. The Board may also conduct other proceedings as may be provided by this Act or any other statute or rule.
    (e) In connection with any proceeding pursuant to subsection (b) or (d) of this Section, the Board may subpoena and compel the attendance of witnesses and the production of evidence reasonably necessary to resolution of the matter under consideration. The Board shall issue such subpoenas upon the request of any party to a proceeding under subsection (d) of this Section or upon its own motion.
    (f) The Board may prescribe reasonable fees for permits required pursuant to this Act. Such fees in the aggregate may not exceed the total cost to the Agency for its inspection and permit systems. The Board may not prescribe any permit fees which are different in amount from those established by this Act.
(Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17; 100-863, eff. 8-14-18.)

    
Notes of Decisions
Cited in 26 cases (2 in the last 5 years), 1994–2024 · leading case: Town & Country Utils., Inc. v. Illinois Pollution Control Bd., 866 N.E.2d 227 (Ill. 2007).
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Town & Country Utils., Inc. v. Illinois Pollution Control Bd., 866 N.E.2d 227 (Ill. 2007). · cites it 3× “The legislature established the Illinois Environmental Protection Agency (IEPA) (415 ILCS 5/4 (West 2002)) and the independent Pollution Control Board (415 ILCS 5/5 (West 2002)) to implement the Act.”
ESG Watts, Inc. v. Pollution Control Bd., 727 N.E.2d 1022 (Ill. 2000). · cites it 3× “Our General Assembly has established the Board as an independent entity (415 ILCS 5/5(a) (West 1992)), with the powers to conduct hearings (415 ILCS 5/5(d) (West 1992)) and subpoena and compel the attendance of witnesses and evidence (415 ILCS 5/5(e) (West 1992)).”
People Ex Rel. Waller v. Harrison, 810 N.E.2d 589 (Ill. App. Ct. 2004). · cites it 2× “410, alleging that he violated various provisions of the Illinois Environmental Protection Act (the Act) (415 ILCS 5/5 et seq. (West 2000)) and the administrative regulations of the Pollution Control Board (35 Ill.”
Valstad Ex Rel. Valstad Quarry, Inc. v. Cipriano, 828 N.E.2d 854 (Ill. App. Ct. 2005). · cites it 2× “See 415 ILCS 5/5(c) (West 2002) (the Pollution Control Board shall determine, define, and implement environmental control standards applicable in Illinois); 15 ILCS 215/2 (West 2002) (the Attorney General has the power and authority to prevent water pollution within Illinois by…”
City of Elgin v. Cnty. of Cook, 660 N.E.2d 875 (Ill. 1995). · cites it 2× “(415 ILCS 5/5 (West 1992).) The Agency considers and applies these regulations in a variety of contexts, including its decisions to issue development and operation permits for pollution control facilities such as the instant balefill.”
Dep't of Transp. Ex Rel. People v. Parr, 633 N.E.2d 19 (Ill. App. Ct. 1994). · cites it 2× “(415 ILCS 5/5(a) (West 1992).) Upon receiving information that an alleged violation of the Act or its regulations has occurred, the Agency may investigate and file a complaint against the offender with the Board.”
Freedom Oil Co. v. Pollution Control Bd., 655 N.E.2d 1184 (Ill. App. Ct. 1995). · cites it 2× “Neither the Act which created the Board (415 ILCS 5/5 (West 1992)) nor the Board’s own rules as found in title 35 of the Illinois Administrative Code (35 Ill.”
People Ex Rel. Madigan v. Dixon-Marquette Cement, Inc., 796 N.E.2d 205 (Ill. App. Ct. 2003). · cites it 6× “415 ILCS 5/5 (West 2002); City of Elgin, 169 Ill.”
E.O.R. Energy, LLC v. Pollution Control Bd., 2015 IL App (4th) 130443 (Ill. App. Ct. 2015). “415 ILCS 5/5(b)-(d) (West 2004). The Board found that AET violated section 21(e) of the Environmental Act and EOR violated sections 21(e), (f)(1), and (f)(2) and section 12(g) of the - 15 - Environmental Act.”
Roxana Cmty. Unit Sch. Dist. No. 1 v. WRB Refining, 2012 IL App (4th) 120331 (Ill. App. Ct. 2012). “06(g) (West 2010)), and (4) all meetings of the PCB “shall be open to the public” (415 ILCS 5/5(a) (West 2010)). Defendants claimed they were unprepared to dispute the substance of plaintiffs’ allegations.”
White & Brewer Trucking, Inc. v. Donley, 952 F. Supp. 1306 (C.D. Ill. 1997). “04 (1995); see also 415 ILCS 5/5 (1995). Presently, Plaintiff is a party to a suit which is pending before the Illinois Pollution Control Board.”
Shepard v. Pollution Control Bd., 651 N.E.2d 555 (Ill. App. Ct. 1995). “” (415 ILCS 5/5(d) (West 1992).) A reading of other sections of the Act reveals an intention on the part of the legislature to create a general statutory prohibition.”
Show all 26 citing cases →
— 415 ILCS 5/5(a) — 10 cases
Town & Country Utils., Inc. v. Illinois Pollution Control Bd., 866 N.E.2d 227 (Ill. 2007). “The legislature established the Illinois Environmental Protection Agency (IEPA) (415 ILCS 5/4 (West 2002)) and the independent Pollution Control Board (415 ILCS 5/5 (West 2002)) to implement the Act.”
ESG Watts, Inc. v. Pollution Control Bd., 727 N.E.2d 1022 (Ill. 2000). “Our General Assembly has established the Board as an independent entity (415 ILCS 5/5(a) (West 1992)), with the powers to conduct hearings (415 ILCS 5/5(d) (West 1992)) and subpoena and compel the attendance of witnesses and evidence (415 ILCS 5/5(e) (West 1992)).”
Roxana Cmty. Unit Sch. Dist. No. 1 v. WRB Refining, 2012 IL App (4th) 120331 (Ill. App. Ct. 2012). “06(g) (West 2010)), and (4) all meetings of the PCB “shall be open to the public” (415 ILCS 5/5(a) (West 2010)). Defendants claimed they were unprepared to dispute the substance of plaintiffs’ allegations.”
Dep't of Transp. Ex Rel. People v. Parr, 633 N.E.2d 19 (Ill. App. Ct. 1994). “(415 ILCS 5/5(a) (West 1992).) Upon receiving information that an alleged violation of the Act or its regulations has occurred, the Agency may investigate and file a complaint against the offender with the Board.”
Freedom Oil Co. v. Pollution Control Bd., 655 N.E.2d 1184 (Ill. App. Ct. 1995). “Neither the Act which created the Board (415 ILCS 5/5 (West 1992)) nor the Board’s own rules as found in title 35 of the Illinois Administrative Code (35 Ill.”
— 415 ILCS 5/5(b) — 6 cases
E.O.R. Energy, LLC v. Pollution Control Bd., 2015 IL App (4th) 130443 (Ill. App. Ct. 2015). “415 ILCS 5/5(b)-(d) (West 2004). The Board found that AET violated section 21(e) of the Environmental Act and EOR violated sections 21(e), (f)(1), and (f)(2) and section 12(g) of the - 15 - Environmental Act.”
E.O.R. Energy, LLC v. Pollution Control Bd., 2015 IL App (4th) 130443 (Ill. App. Ct. 2015).
People Ex Rel. Madigan v. Dixon-Marquette Cement, Inc., 796 N.E.2d 205 (Ill. App. Ct. 2003). “415 ILCS 5/5 (West 2002); City of Elgin, 169 Ill.”
Emerald Performance Materials, LLC v. The Illinois Pollution Control Bd., 2016 IL App (3d) 150526 (Ill. App. Ct. 2016).
Emerald Performance Materials, LLC v. The Illinois Pollution Control Bd., 2016 IL App (3d) 150526 (Ill. App. Ct. 2016).
— 415 ILCS 5/5(c) — 4 cases
Valstad Ex Rel. Valstad Quarry, Inc. v. Cipriano, 828 N.E.2d 854 (Ill. App. Ct. 2005). “See 415 ILCS 5/5(c) (West 2002) (the Pollution Control Board shall determine, define, and implement environmental control standards applicable in Illinois); 15 ILCS 215/2 (West 2002) (the Attorney General has the power and authority to prevent water pollution within Illinois by…”
Sierra Club v. Illinois Pollution Control, 936 N.E.2d 670 (Ill. App. Ct. 2010).
Sierra Club v. Illinois Pollution Control Bd. (Ill. App. Ct. 2010).
Valstad v. Cipriano (Ill. App. Ct. 2005).
— 415 ILCS 5/5(d) — 6 cases
Town & Country Utils., Inc. v. Illinois Pollution Control Bd., 866 N.E.2d 227 (Ill. 2007). “The legislature established the Illinois Environmental Protection Agency (IEPA) (415 ILCS 5/4 (West 2002)) and the independent Pollution Control Board (415 ILCS 5/5 (West 2002)) to implement the Act.”
ESG Watts, Inc. v. Pollution Control Bd., 727 N.E.2d 1022 (Ill. 2000). “Our General Assembly has established the Board as an independent entity (415 ILCS 5/5(a) (West 1992)), with the powers to conduct hearings (415 ILCS 5/5(d) (West 1992)) and subpoena and compel the attendance of witnesses and evidence (415 ILCS 5/5(e) (West 1992)).”
Dep't of Transp. Ex Rel. People v. Parr, 633 N.E.2d 19 (Ill. App. Ct. 1994). “(415 ILCS 5/5(a) (West 1992).) Upon receiving information that an alleged violation of the Act or its regulations has occurred, the Agency may investigate and file a complaint against the offender with the Board.”
Shepard v. Pollution Control Bd., 651 N.E.2d 555 (Ill. App. Ct. 1995). “” (415 ILCS 5/5(d) (West 1992).) A reading of other sections of the Act reveals an intention on the part of the legislature to create a general statutory prohibition.”
Town & Country Utils., Inc. v. Illinois Pollution Bd. (Ill. 2007).
— 415 ILCS 5/5(e) — 2 cases
ESG Watts, Inc. v. Pollution Control Bd., 727 N.E.2d 1022 (Ill. 2000). “Our General Assembly has established the Board as an independent entity (415 ILCS 5/5(a) (West 1992)), with the powers to conduct hearings (415 ILCS 5/5(d) (West 1992)) and subpoena and compel the attendance of witnesses and evidence (415 ILCS 5/5(e) (West 1992)).”
ESG Watts, Inc. v. Pollution Control Bd. (Ill. 2000).
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