State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]

91_SB0496

 
                                               LRB9102489LDpk

 1        AN  ACT  to  amend  the  Environmental  Protection Act by
 2    changing Sections 22.19a and 22.19b.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The Environmental Protection Act is amended
 6    by changing Sections 22.19a and 22.19b as follows:

 7        (415 ILCS 5/22.19a)
 8        Sec. 22.19a.  Floodplain.
 9        (a)  On and after January 1, 1998, no  sanitary  landfill
10    or  waste disposal site that is a pollution control facility,
11    or any part of a sanitary landfill  or  waste  disposal  site
12    that  is  a pollution control facility, may be located within
13    the boundary of the 100-year floodplain.
14        (b)  Subsection (a) shall not apply to the following:
15             (1)  a sanitary  landfill  or  waste  disposal  site
16        initially  permitted  for  development or construction by
17        the Agency before August 19, the effective date  of  this
18        amendatory Act of 1997;
19             (2)  a  sanitary landfill or waste disposal site for
20        which local  siting  approval  has  been  granted  before
21        August  19,  the effective date of this amendatory Act of
22        1997; or
23             (3)  the area of expansion beyond the boundary of  a
24        currently  permitted  sanitary landfill or waste disposal
25        site, provided that the area of expansion is,  on  August
26        19,  the  effective  date of this amendatory Act of 1997,
27        owned by the owner or operator of the currently sited  or
28        permitted  sanitary  landfill  or waste site to which the
29        area of expansion is adjacent; or
30             (4)  a sanitary landfill or waste disposal site that
31        is a pollution control  facility  that  ceased  accepting
 
                            -2-                LRB9102489LDpk
 1        waste  on  or  before  August  19,  1997 or any part of a
 2        sanitary landfill  or  waste  disposal  site  that  is  a
 3        pollution control facility that ceased accepting waste on
 4        or before August 19, 1997.
 5    (Source: P.A. 90-503, eff. 8-19-97.)

 6        (415 ILCS 5/22.19b)
 7        Sec. 22.19b.  Financial assurance rules.
 8        (a)  Not  later  than  June  30,  1998,  the Agency shall
 9    propose rules for those sanitary landfills and waste disposal
10    sites located within the boundary of the 100-year  floodplain
11    pursuant  to  paragraph  (3)  of  subsection  (b)  of Section
12    22.19a.   The  rules  shall  be  limited  to  and   prescribe
13    standards  for  financial  assurance mechanisms equivalent to
14    the standards set forth in Title 35, Part 811, Subpart  G  of
15    the  Illinois Administrative Code, as amended, to address the
16    risks posed by  flooding  to  the  integrity  of  a  sanitary
17    landfill  or  waste disposal site located within the boundary
18    of  the  100-year  floodplain.    The   financial   assurance
19    mechanisms shall be for a period of 100 years, beginning with
20    the  commencement  of the post-closure care period, and shall
21    apply to the portion  of  the  facility  located  within  the
22    boundary of the 100-year floodplain and to the portion of the
23    facility   located  outside  the  boundary  of  the  100-year
24    floodplain.
25        (b)  Not later than 6 months after  the  receipt  of  the
26    Agency's  proposed  rules,  the  Board  shall adopt rules for
27    those sanitary landfills and  waste  disposal  sites  located
28    within  the  boundary  of the 100-year floodplain pursuant to
29    paragraph (3) of subsection (b) of Section 22.19a.  The rules
30    shall be limited to, and prescribe  standards  for  financial
31    assurance mechanisms equivalent to the standards set forth in
32    Title  35, Part 811, Subpart G of the Illinois Administrative
33    Code, as amended, to address the risks posed by  flooding  to
 
                            -3-                LRB9102489LDpk
 1    the  integrity  of a sanitary landfill or waste disposal site
 2    located within the boundary of the 100-year floodplain.   The
 3    financial  assurance  mechanisms shall be for a period of 100
 4    years, beginning with the commencement  of  the  post-closure
 5    care  period,  and shall apply to the portion of the facility
 6    located within the boundary of the 100-year floodplain and to
 7    the portion of the facility located outside the  boundary  of
 8    the 100-year floodplain.
 9        (c)  Nothing  in  this  Section  shall  be  construed  as
10    limiting  the  general  authority of the Board to adopt rules
11    pursuant to Title VII of this Act.
12    (Source: P.A. 90-503, eff. 8-19-97.)

13        Section 99.  Effective date.  This Act takes effect  upon
14    becoming law.

[ Top ]