Sen. Michael E. Hastings

Filed: 3/16/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1355

2    AMENDMENT NO. ______. Amend Senate Bill 1355 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Sections 21.1 and 22.51 as follows:
 
6    (415 ILCS 5/21.1)  (from Ch. 111 1/2, par. 1021.1)
7    Sec. 21.1. (a) Except as provided in subsection (a.5), no
8person other than the State of Illinois, its agencies and
9institutions, or a unit of local government shall own or
10operate a MSWLF unit or other waste disposal operation on or
11after March 1, 1985, which requires a permit under subsection
12(d) of Section 21 of this Act, unless such person has posted
13with the Agency a performance bond or other security for the
14purpose of insuring closure of the site and post-closure care
15in accordance with this Act and regulations adopted thereunder.
16    (a.5) On and after the effective date established by the

 

 

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1United States Environmental Protection Agency for MSWLF units
2to provide financial assurance under Subtitle D of the Resource
3Conservation and Recovery Act, no person, other than the State
4of Illinois, its agencies and institutions, shall own or
5operate a MSWLF unit that requires a permit under subsection
6(d) of Section 21 of this Act, unless that person has posted
7with the Agency a performance bond or other security for the
8purposes of:
9        (1) insuring closure of the site and post-closure care
10    in accordance with this Act and its rules; and
11        (2) insuring completion of a corrective action remedy
12    when required by Board rules adopted under Section 22.40 of
13    this Act or when required by Section 22.41 of this Act.
14    The performance bond or other security requirement set
15forth in this Section may be fulfilled by closure or
16post-closure insurance, or both, issued by an insurer licensed
17to transact the business of insurance by the Department of
18Insurance or at a minimum the insurer must be licensed to
19transact the business of insurance or approved to provide
20insurance as an excess or surplus lines insurer by the
21insurance department in one or more states.
22    (b) On or before January 1, 1985, the Board shall adopt
23regulations to promote the purposes of this Section. Without
24limiting the generality of this authority, such regulations
25may, among other things, prescribe the type and amount of the
26performance bonds or other securities required under

 

 

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1subsections (a) and (a.5) of this Section, and the conditions
2under which the State is entitled to collect monies from such
3performance bonds or other securities. The bond amount shall be
4directly related to the design and volume of the site. The cost
5estimate for the post-closure care of a MSWLF unit shall be
6calculated using a 30 year post-closure care period or such
7other period as may be approved by the Agency under Board or
8federal rules. On and after the effective date established by
9the United States Environmental Protection Agency for MSWLF
10units to provide financial assurance under Subtitle D of the
11Resource Conservation and Recovery Act, closure, post-closure
12care, and corrective action cost estimates for MSWLF units
13shall be in current dollars.
14    (c) There is hereby created within the State Treasury a
15special fund to be known as the "Landfill Closure and
16Post-Closure Fund". Any monies forfeited to the State of
17Illinois from any performance bond or other security required
18under this Section or under subdivision (f)(4) of Section 22.51
19shall be placed in the "Landfill Closure and Post-Closure Fund"
20and shall, upon approval by the Governor and the Director, be
21used by and under the direction of the Agency for the purposes
22for which such performance bond or other security was issued.
23The Landfill Closure and Post-Closure Fund is not subject to
24the provisions of subsection (c) of Section 5 of the State
25Finance Act.
26    (d) The Agency is authorized to enter into such contracts

 

 

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1and agreements as it may deem necessary to carry out the
2purposes of this Section. Neither the State, nor the Director,
3nor any State employee shall be liable for any damages or
4injuries arising out of or resulting from any action taken
5under this Section.
6    (e) The Agency shall have the authority to approve or
7disapprove any performance bond or other security posted
8pursuant to subsection (a) or (a.5) of this Section. Any person
9whose performance bond or other security is disapproved by the
10Agency may contest the disapproval as a permit denial appeal
11pursuant to Section 40 of this Act.
12    (f) The Agency may establish such procedures as it may deem
13necessary for the purpose of implementing and executing its
14responsibilities under this Section.
15    (g) Nothing in this Section shall bar a cause of action by
16the State for any other penalty or relief provided by this Act
17or any other law.
18(Source: P.A. 97-887, eff. 8-2-12.)
 
19    (415 ILCS 5/22.51)
20    Sec. 22.51. Clean Construction or Demolition Debris Fill
21Operations.
22    (a) No person shall conduct any clean construction or
23demolition debris fill operation in violation of this Act or
24any regulations or standards adopted by the Board.
25    (b)(1)(A) Beginning August 18, 2005 but prior to July 1,

 

 

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12008, no person shall use clean construction or demolition
2debris as fill material in a current or former quarry, mine, or
3other excavation, unless they have applied for an interim
4authorization from the Agency for the clean construction or
5demolition debris fill operation.
6    (B) The Agency shall approve an interim authorization upon
7its receipt of a written application for the interim
8authorization that is signed by the site owner and the site
9operator, or their duly authorized agent, and that contains the
10following information: (i) the location of the site where the
11clean construction or demolition debris fill operation is
12taking place, (ii) the name and address of the site owner,
13(iii) the name and address of the site operator, and (iv) the
14types and amounts of clean construction or demolition debris
15being used as fill material at the site.
16    (C) The Agency may deny an interim authorization if the
17site owner or the site operator, or their duly authorized
18agent, fails to provide to the Agency the information listed in
19subsection (b)(1)(B) of this Section. Any denial of an interim
20authorization shall be subject to appeal to the Board in
21accordance with the procedures of Section 40 of this Act.
22    (D) No person shall use clean construction or demolition
23debris as fill material in a current or former quarry, mine, or
24other excavation for which the Agency has denied interim
25authorization under subsection (b)(1)(C) of this Section. The
26Board may stay the prohibition of this subsection (D) during

 

 

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1the pendency of an appeal of the Agency's denial of the interim
2authorization brought under subsection (b)(1)(C) of this
3Section.
4    (2) Beginning September 1, 2006, owners and operators of
5clean construction or demolition debris fill operations shall,
6in accordance with a schedule prescribed by the Agency, submit
7to the Agency applications for the permits required under this
8Section. The Agency shall notify owners and operators in
9writing of the due date for their permit application. The due
10date shall be no less than 90 days after the date of the
11Agency's written notification. Owners and operators who do not
12receive a written notification from the Agency by October 1,
132007, shall submit a permit application to the Agency by
14January 1, 2008. The interim authorization of owners and
15operators who fail to submit a permit application to the Agency
16by the permit application's due date shall terminate on (i) the
17due date established by the Agency if the owner or operator
18received a written notification from the Agency prior to
19October 1, 2007, or (ii) or January 1, 2008, if the owner or
20operator did not receive a written notification from the Agency
21by October 1, 2007.
22    (3) On and after July 1, 2008, no person shall use clean
23construction or demolition debris as fill material in a current
24or former quarry, mine, or other excavation (i) without a
25permit granted by the Agency for the clean construction or
26demolition debris fill operation or in violation of any

 

 

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1conditions imposed by such permit, including periodic reports
2and full access to adequate records and the inspection of
3facilities, as may be necessary to assure compliance with this
4Act and with Board regulations and standards adopted under this
5Act or (ii) in violation of any regulations or standards
6adopted by the Board under this Act.
7    (4) This subsection (b) does not apply to:
8        (A) the use of clean construction or demolition debris
9    as fill material in a current or former quarry, mine, or
10    other excavation located on the site where the clean
11    construction or demolition debris was generated;
12        (B) the use of clean construction or demolition debris
13    as fill material in an excavation other than a current or
14    former quarry or mine if this use complies with Illinois
15    Department of Transportation specifications; or
16        (C) current or former quarries, mines, and other
17    excavations that do not use clean construction or
18    demolition debris as fill material.
19    (c) In accordance with Title VII of this Act, the Board may
20adopt regulations to promote the purposes of this Section. The
21Agency shall consult with the mining and construction
22industries during the development of any regulations to promote
23the purposes of this Section.
24        (1) No later than December 15, 2005, the Agency shall
25    propose to the Board, and no later than September 1, 2006,
26    the Board shall adopt, regulations for the use of clean

 

 

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1    construction or demolition debris as fill material in
2    current and former quarries, mines, and other excavations.
3    Such regulations shall include, but shall not be limited
4    to, standards for clean construction or demolition debris
5    fill operations and the submission and review of permits
6    required under this Section.
7        (2) Until the Board adopts rules under subsection
8    (c)(1) of this Section, all persons using clean
9    construction or demolition debris as fill material in a
10    current or former quarry, mine, or other excavation shall:
11            (A) Assure that only clean construction or
12        demolition debris is being used as fill material by
13        screening each truckload of material received using a
14        device approved by the Agency that detects volatile
15        organic compounds. Such devices may include, but are
16        not limited to, photo ionization detectors. All
17        screening devices shall be operated and maintained in
18        accordance with manufacturer's specifications.
19        Unacceptable fill material shall be rejected from the
20        site; and
21            (B) Retain for a minimum of 3 years the following
22        information:
23                (i) The name of the hauler, the name of the
24            generator, and place of origin of the debris or
25            soil;
26                (ii) The approximate weight or volume of the

 

 

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1            debris or soil; and
2                (iii) The date the debris or soil was received.
3    (d) This Section applies only to clean construction or
4demolition debris that is not considered "waste" as provided in
5Section 3.160 of this Act.
6    (e) For purposes of this Section:
7        (1) The term "operator" means a person responsible for
8    the operation and maintenance of a clean construction or
9    demolition debris fill operation.
10        (2) The term "owner" means a person who has any direct
11    or indirect interest in a clean construction or demolition
12    debris fill operation or in land on which a person operates
13    and maintains a clean construction or demolition debris
14    fill operation. A "direct or indirect interest" does not
15    include the ownership of publicly traded stock. The "owner"
16    is the "operator" if there is no other person who is
17    operating and maintaining a clean construction or
18    demolition debris fill operation.
19        (3) The term "clean construction or demolition debris
20    fill operation" means a current or former quarry, mine, or
21    other excavation where clean construction or demolition
22    debris is used as fill material.
23        (4) The term "uncontaminated soil" shall have the same
24    meaning as uncontaminated soil under Section 3.160 of this
25    Act.
26    (f)(1) No later than one year after the effective date of

 

 

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1this amendatory Act of the 96th General Assembly, the Agency
2shall propose to the Board, and, no later than one year after
3the Board's receipt of the Agency's proposal, the Board shall
4adopt, rules for the use of clean construction or demolition
5debris and uncontaminated soil as fill material at clean
6construction or demolition debris fill operations. The rules
7must include standards and procedures necessary to protect
8groundwater, which may include, but shall not be limited to,
9the following: requirements regarding testing and
10certification of soil used as fill material, surface water
11runoff, liners or other protective barriers, monitoring
12(including, but not limited to, groundwater monitoring),
13corrective action, recordkeeping, reporting, closure and
14post-closure care, financial assurance, post-closure land use
15controls, location standards, and the modification of existing
16permits to conform to the requirements of this Act and Board
17rules. The rules may also include limits on the use of
18recyclable concrete and asphalt as fill material at clean
19construction or demolition debris fill operations, taking into
20account factors such as technical feasibility, economic
21reasonableness, and the availability of markets for such
22materials.
23    (2) Until the effective date of the Board rules adopted
24under subdivision (f)(1) of this Section, and in addition to
25any other requirements, owners and operators of clean
26construction or demolition debris fill operations must do all

 

 

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1of the following in subdivisions (f)(2)(A) through (f)(2)(D) of
2this Section for all clean construction or demolition debris
3and uncontaminated soil accepted for use as fill material. The
4requirements in subdivisions (f)(2)(A) through (f)(2)(D) of
5this Section shall not limit any rules adopted by the Board.
6        (A) Document the following information for each load of
7    clean construction or demolition debris or uncontaminated
8    soil received: (i) the name of the hauler, the address of
9    the site of origin, and the owner and the operator of the
10    site of origin of the clean construction or demolition
11    debris or uncontaminated soil, (ii) the weight or volume of
12    the clean construction or demolition debris or
13    uncontaminated soil, and (iii) the date the clean
14    construction or demolition debris or uncontaminated soil
15    was received.
16        (B) For all soil, obtain either (i) a certification
17    from the owner or operator of the site from which the soil
18    was removed that the site has never been used for
19    commercial or industrial purposes and is presumed to be
20    uncontaminated soil or (ii) a certification from a licensed
21    Professional Engineer or licensed Professional Geologist
22    that the soil is uncontaminated soil. Certifications
23    required under this subdivision (f)(2)(B) must be on forms
24    and in a format prescribed by the Agency.
25        (C) Confirm that the clean construction or demolition
26    debris or uncontaminated soil was not removed from a site

 

 

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1    as part of a cleanup or removal of contaminants, including,
2    but not limited to, activities conducted under the
3    Comprehensive Environmental Response, Compensation, and
4    Liability Act of 1980, as amended; as part of a Closure or
5    Corrective Action under the Resource Conservation and
6    Recovery Act, as amended; or under an Agency remediation
7    program, such as the Leaking Underground Storage Tank
8    Program or Site Remediation Program, but excluding sites
9    subject to Section 58.16 of this Act where there is no
10    presence or likely presence of a release or a substantial
11    threat of a release of a regulated substance at, on, or
12    from the real property.
13        (D) Document all activities required under subdivision
14    (f)(2) of this Section. Documentation of any chemical
15    analysis must include, but is not limited to, (i) a copy of
16    the lab analysis, (ii) accreditation status of the
17    laboratory performing the analysis, and (iii)
18    certification by an authorized agent of the laboratory that
19    the analysis has been performed in accordance with the
20    Agency's rules for the accreditation of environmental
21    laboratories and the scope of accreditation.
22    (3) Owners and operators of clean construction or
23demolition debris fill operations must maintain all
24documentation required under subdivision (f)(2) of this
25Section for a minimum of 3 years following the receipt of each
26load of clean construction or demolition debris or

 

 

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1uncontaminated soil, except that documentation relating to an
2appeal, litigation, or other disputed claim must be maintained
3until at least 3 years after the date of the final disposition
4of the appeal, litigation, or other disputed claim. Copies of
5the documentation must be made available to the Agency and to
6units of local government for inspection and copying during
7normal business hours. The Agency may prescribe forms and
8formats for the documentation required under subdivision
9(f)(2) of this Section.
10    Chemical analysis conducted under subdivision (f)(2) of
11this Section must be conducted in accordance with the
12requirements of 35 Ill. Adm. Code 742, as amended, and "Test
13Methods for Evaluating Solid Waste, Physical/Chemical
14Methods", USEPA Publication No. SW-846, as amended.
15    (4) No later than one year after the effective date of this
16amendatory Act of the 100th General Assembly, the Agency shall
17propose to the Board, and, no later than one year after receipt
18of the Agency's proposal, the Board shall adopt rules that
19allow owners and operators of clean construction or demolition
20debris fill operations who are transferring a portion of a fill
21operation site to another person to be released from permitting
22requirements with respect to the transferred portion of the
23fill operation site, if all of the following have been
24satisfied:
25        (A) The owner or operator files with the Agency:
26            (i) an application to modify the fill operation

 

 

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1        permit to recognize a change in ownership of the
2        transferred property prior to completion of closure
3        and post-closure maintenance;
4            (ii) a document identifying the portion of the site
5        being transferred; and
6            (iii) a copy of plans describing how the portion of
7        the site being transferred will be developed.
8        (B) The portion of the site being transferred is filled
9    to within at least 3 feet of the final fill elevation that
10    would otherwise be required under the closure and
11    post-closure maintenance requirements in the permit.
12        (C) The owner or operator posts with the Agency a
13    performance bond for the purposes of closure and
14    post-closure maintenance of the portion of the site being
15    transferred. The bond amount shall be directly related to
16    the estimate of the costs for the Agency to remediate the
17    transferred portion of the site to a condition consistent
18    with the closure and post-closure maintenance requirements
19    applicable to the site.
20    The rules adopted pursuant to this subdivision (f)(4) shall
21include the conditions under which the State is entitled to
22collect monies from the performance bond. Those conditions may
23include, but are not limited to, the failure of the transferee
24to timely commence development or complete development of the
25portion of the site being transferred.
26    Any moneys forfeited to the State of Illinois from any

 

 

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1performance bond required under this subdivision (f)(4) shall
2be placed in the Landfill Closure and Post-Closure Fund
3established under Section 21.1 of this Act and shall, upon
4approval by the Governor and the Director of the Agency, be
5used by and under the direction of the Agency for the purposes
6for which the performance bond was issued.
7    The Agency is authorized to enter into such contracts and
8agreements as it may deem necessary to carry out the purposes
9of this Section. Neither the State, nor the Director of the
10Agency, nor any State employee shall be liable for any damages
11or injuries arising out of or resulting from any action taken
12under this Section.
13    The Agency shall have the authority to approve or
14disapprove any performance bond posted pursuant to this
15subdivision (f)(4). Any person whose performance bond is
16disapproved by the Agency may contest the disapproval in the
17same manner as a permit denial appeal pursuant to Section 40 of
18this Act.
19    The Agency may establish such procedures as the Agency may
20deem necessary for the purpose of implementing and executing
21the Agency's responsibilities under this subdivision (f)(4).
22Until the effective date of rules adopted pursuant to this
23subdivision (f)(4), the Agency may, consistent with the terms
24of this subdivision (f)(4), allow owners and operators of clean
25construction or demolition debris fill operations who are
26transferring all or a portion of a fill operation site to

 

 

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1another person to be released from permitting requirements with
2respect to the transferred portions of the fill operation site.
3    Nothing in this subdivision (f)(4) shall bar a cause of
4action by the State for any other penalty or relief provided by
5this Act or any other law.
6    (g)(1) No person shall use soil other than uncontaminated
7soil as fill material at a clean construction or demolition
8debris fill operation.
9    (2) No person shall use construction or demolition debris
10other than clean construction or demolition debris as fill
11material at a clean construction or demolition debris fill
12operation.
13(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".