HB5735 99TH GENERAL ASSEMBLY

LRB099 18900 MGM 43287 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5735

Introduced , by Rep. Michael W. Tryon

SYNOPSIS AS INTRODUCED:

225 ILCS 230/Act rep.
415 ILCS 5/22.8	from Ch. 111 1/2, par. 1022.8
415 ILCS 5/22.59 new

Repeals the Solid Waste Site Operator Certification Law. Amends the Environmental Protection Act. Removes references to the Solid Waste Site Operator Certification Law. Provides that until October 1, 2018, no person shall cause or allow the operation of a sanitary landfill that is required to be permitted under the Act unless the landfill has on its operational staff either (1) an individual who holds a manager of landfill operations certificate from the Solid Waste Association of North America or a similar certificate accepted under another state's landfill operator certification program; or (2) an individual who, on the day before the effective date of this amendatory Act of the 99th General Assembly, held a Class "A" Solid Waste Site Operator Certificate issued by the Environmental Protection Agency under the Solid Waste Operator Certification Law and, if the landfill accepts special waste, a special waste endorsement issued by the Agency under the Solid Waste Operator Certification Law. Provides that beginning October 1, 2018, no person shall cause or allow the operation of a sanitary landfill required to be permitted under the Act unless the landfill has on its operational staff an individual who holds a manager of landfill operations certificate from the Solid Waste Association of North America or a similar certificate accepted under another state's landfill operator certification program. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

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

(225 ILCS 230/Act rep.)

Section 5. The Solid Waste Site Operator Certification Law is repealed.

Section 10. The Environmental Protection Act is amended by changing Section 22.8 and by adding Section 22.59 as follows:

(415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)

Sec. 22.8. Environmental Protection Permit and Inspection Fund.

(a) There is hereby created in the State Treasury a special fund to be known as the Environmental Protection Permit and Inspection Fund. All fees collected by the Agency pursuant to this Section, Section 9.6, 12.2, 16.1, 56.4, 56.5, 56.6, and subsection (f) of Section 5 of this Act, or pursuant to Section 22 of the Public Water Supply Operations Act or Section 1011 of the Solid Waste Site Operator Certification Law, as well as funds collected under subsection (b.5) of Section 42 of this Act, shall be deposited into the Fund. In addition to any monies appropriated from the General Revenue Fund, monies in the Fund shall be appropriated by the General Assembly to the Agency in amounts deemed necessary for manifest, permit, and inspection activities and for performing its functions, powers, and duties under the Solid Waste Site Operator Certification Law.

The General Assembly may appropriate monies in the Fund deemed necessary for Board regulatory and adjudicatory proceedings.

(a-5) As soon as practicable after the effective date of this amendatory Act of the 98th General Assembly, but no later than January 1, 2014, the State Comptroller shall direct and the State Treasurer shall transfer all monies in the Industrial Hygiene Regulatory and Enforcement Fund to the Environmental Protection Permit and Inspection Fund to be used in accordance with the terms of the Environmental Protection Permit and Inspection Fund.

(a-6) As soon as practicable after the effective date of this amendatory Act of the 98th General Assembly, but no later than December 31, 2014, the State Comptroller shall order the transfer of, and the State Treasurer shall transfer, all moneys in the Hazardous Waste Occupational Licensing Fund into the Environmental Protection Permit and Inspection Fund to be used in accordance with the terms of the Environmental Protection Permit and Inspection Fund.

(b) The Agency shall collect from the owner or operator of any of the following types of hazardous waste disposal sites or management facilities which require a RCRA permit under subsection (f) of Section 21 of this Act, or a UIC permit under subsection (g) of Section 12 of this Act, an annual fee in the amount of:

(1) $35,000 ($70,000 beginning in 2004) for a hazardous waste disposal site receiving hazardous waste if the hazardous waste disposal site is located off the site where such waste was produced;

(2) $9,000 ($18,000 beginning in 2004) for a hazardous waste disposal site receiving hazardous waste if the hazardous waste disposal site is located on the site where such waste was produced;

(3) $7,000 ($14,000 beginning in 2004) for a hazardous waste disposal site receiving hazardous waste if the hazardous waste disposal site is an underground injection well;

(4) $2,000 ($4,000 beginning in 2004) for a hazardous waste management facility treating hazardous waste by incineration;

(5) $1,000 ($2,000 beginning in 2004) for a hazardous waste management facility treating hazardous waste by a method, technique or process other than incineration;

(6) $1,000 ($2,000 beginning in 2004) for a hazardous waste management facility storing hazardous waste in a surface impoundment or pile;

(7) $250 ($500 beginning in 2004) for a hazardous waste management facility storing hazardous waste other than in a surface impoundment or pile; and

(8) Beginning in 2004, $500 for a large quantity hazardous waste generator required to submit an annual or biennial report for hazardous waste generation.

(c) Where two or more operational units are located within a single hazardous waste disposal site, the Agency shall collect from the owner or operator of such site an annual fee equal to the highest fee imposed by subsection (b) of this Section upon any single operational unit within the site.

(d) The fee imposed upon a hazardous waste disposal site under this Section shall be the exclusive permit and inspection fee applicable to hazardous waste disposal at such site, provided that nothing in this Section shall be construed to diminish or otherwise affect any fee imposed upon the owner or operator of a hazardous waste disposal site by Section 22.2.

(e) The Agency shall establish procedures, no later than December 1, 1984, relating to the collection of the hazardous waste disposal site fees authorized by this Section. Such procedures shall include, but not be limited to the time and manner of payment of fees to the Agency, which shall be quarterly, payable at the beginning of each quarter for hazardous waste disposal site fees. Annual fees required under paragraph (7) of subsection (b) of this Section shall accompany the annual report required by Board regulations for the calendar year for which the report applies.

(f) For purposes of this Section, a hazardous waste disposal site consists of one or more of the following operational units:

(1) a landfill receiving hazardous waste for disposal;

(2) a waste pile or surface impoundment, receiving hazardous waste, in which residues which exhibit any of the characteristics of hazardous waste pursuant to Board regulations are reasonably expected to remain after closure;

(3) a land treatment facility receiving hazardous waste; or

(4) a well injecting hazardous waste.

(g) The Agency shall assess a fee for each manifest provided by the Agency. For manifests provided on or after January 1, 1989 but before July 1, 2003, the fee shall be $1 per manifest. For manifests provided on or after July 1, 2003, the fee shall be $3 per manifest.

(Source: P.A. 98-78, eff. 7-15-13; 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)

(415 ILCS 5/22.59 new)

Sec. 22.59. Sanitary landfill operator certification.

(a) Until October 1, 2018, no person shall cause or allow the operation of a sanitary landfill that is required to be permitted under this Act unless the landfill has on its operational staff either:

(1) an individual who holds a manager of landfill operations certificate from the Solid Waste Association of North America or a similar certificate accepted under another state's landfill operator certification program; or

(2) an individual who, on the day before the effective date of this amendatory Act of the 99th General Assembly, held a Class "A" Solid Waste Site Operator Certificate issued by the Agency under the Solid Waste Operator Certification Law and, if the landfill accepts special waste, a special waste endorsement issued by the Agency under the Solid Waste Operator Certification Law.

(b) Beginning October 1, 2018, no person shall cause or allow the operation of a sanitary landfill required to be permitted under this Act unless the landfill has on its operational staff an individual who holds a manager of landfill operations certificate from the Solid Waste Association of North America or a similar certificate accepted under another state's landfill operator certification program.

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