Rep. Carol Ammons

Filed: 5/22/2019

 

 


 

 


 
10100SB0009ham001LRB101 06168 CPF 61004 a

1
AMENDMENT TO SENATE BILL 9

2    AMENDMENT NO. ______. Amend Senate Bill 9, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Environmental Protection Act is amended by
6changing Sections 3.140, 21, 39, and 40 and by adding Sections
73.142, 3.143, and 22.59 as follows:
 
8    (415 ILCS 5/3.140)  (was 415 ILCS 5/3.76)
9    Sec. 3.140. Coal combustion waste. "Coal combustion waste"
10means any CCR or any fly ash, bottom ash, slag, or flue gas or
11fluid bed boiler desulfurization by-products generated as a
12result of the combustion of:
13    (1) coal, or
14    (2) coal in combination with: (i) fuel grade petroleum
15coke, (ii) other fossil fuel, or (iii) both fuel grade
16petroleum coke and other fossil fuel, or

 

 

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1    (3) coal (with or without: (i) fuel grade petroleum coke,
2(ii) other fossil fuel, or (iii) both fuel grade petroleum coke
3and other fossil fuel) in combination with no more than 20% of
4tire derived fuel or wood or other materials by weight of the
5materials combusted; provided that the coal is burned with
6other materials, the Agency has made a written determination
7that the storage or disposal of the resultant wastes in
8accordance with the provisions of item (r) of Section 21 would
9result in no environmental impact greater than that of wastes
10generated as a result of the combustion of coal alone, and the
11storage disposal of the resultant wastes would not violate
12applicable federal law.
13(Source: P.A. 92-574, eff. 6-26-02.)
 
14    (415 ILCS 5/3.142 new)
15    Sec. 3.142. Coal combustion residual; CCR. "Coal
16combustion residual" or "CCR" means fly ash, bottom ash, boiler
17slag, and flue gas desulfurization materials generated from
18burning coal for the purpose of generating electricity by
19electric utilities and independent power producers.
 
20    (415 ILCS 5/3.143 new)
21    Sec. 3.143. CCR surface impoundment. "CCR surface
22impoundment" means a natural topographic depression, man-made
23excavation, or diked area, which is designed to hold an
24accumulation of CCR and liquids, and the unit treats, stores,

 

 

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1or disposes of CCR.
 
2    (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)
3    Sec. 21. Prohibited acts. No person shall:
4    (a) Cause or allow the open dumping of any waste.
5    (b) Abandon, dump, or deposit any waste upon the public
6highways or other public property, except in a sanitary
7landfill approved by the Agency pursuant to regulations adopted
8by the Board.
9    (c) Abandon any vehicle in violation of the "Abandoned
10Vehicles Amendment to the Illinois Vehicle Code", as enacted by
11the 76th General Assembly.
12    (d) Conduct any waste-storage, waste-treatment, or
13waste-disposal operation:
14        (1) without a permit granted by the Agency or in
15    violation of any conditions imposed by such permit,
16    including periodic reports and full access to adequate
17    records and the inspection of facilities, as may be
18    necessary to assure compliance with this Act and with
19    regulations and standards adopted thereunder; provided,
20    however, that, except for municipal solid waste landfill
21    units that receive waste on or after October 9, 1993, and
22    CCR surface impoundments, no permit shall be required for
23    (i) any person conducting a waste-storage,
24    waste-treatment, or waste-disposal operation for wastes
25    generated by such person's own activities which are stored,

 

 

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1    treated, or disposed within the site where such wastes are
2    generated, or (ii) a facility located in a county with a
3    population over 700,000 as of January 1, 2000, operated and
4    located in accordance with Section 22.38 of this Act, and
5    used exclusively for the transfer, storage, or treatment of
6    general construction or demolition debris, provided that
7    the facility was receiving construction or demolition
8    debris on the effective date of this amendatory Act of the
9    96th General Assembly;
10        (2) in violation of any regulations or standards
11    adopted by the Board under this Act; or
12        (3) which receives waste after August 31, 1988, does
13    not have a permit issued by the Agency, and is (i) a
14    landfill used exclusively for the disposal of waste
15    generated at the site, (ii) a surface impoundment receiving
16    special waste not listed in an NPDES permit, (iii) a waste
17    pile in which the total volume of waste is greater than 100
18    cubic yards or the waste is stored for over one year, or
19    (iv) a land treatment facility receiving special waste
20    generated at the site; without giving notice of the
21    operation to the Agency by January 1, 1989, or 30 days
22    after the date on which the operation commences, whichever
23    is later, and every 3 years thereafter. The form for such
24    notification shall be specified by the Agency, and shall be
25    limited to information regarding: the name and address of
26    the location of the operation; the type of operation; the

 

 

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1    types and amounts of waste stored, treated or disposed of
2    on an annual basis; the remaining capacity of the
3    operation; and the remaining expected life of the
4    operation.
5    Item (3) of this subsection (d) shall not apply to any
6person engaged in agricultural activity who is disposing of a
7substance that constitutes solid waste, if the substance was
8acquired for use by that person on his own property, and the
9substance is disposed of on his own property in accordance with
10regulations or standards adopted by the Board.
11    This subsection (d) shall not apply to hazardous waste.
12    (e) Dispose, treat, store or abandon any waste, or
13transport any waste into this State for disposal, treatment,
14storage or abandonment, except at a site or facility which
15meets the requirements of this Act and of regulations and
16standards thereunder.
17    (f) Conduct any hazardous waste-storage, hazardous
18waste-treatment or hazardous waste-disposal operation:
19        (1) without a RCRA permit for the site issued by the
20    Agency under subsection (d) of Section 39 of this Act, or
21    in violation of any condition imposed by such permit,
22    including periodic reports and full access to adequate
23    records and the inspection of facilities, as may be
24    necessary to assure compliance with this Act and with
25    regulations and standards adopted thereunder; or
26        (2) in violation of any regulations or standards

 

 

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1    adopted by the Board under this Act; or
2        (3) in violation of any RCRA permit filing requirement
3    established under standards adopted by the Board under this
4    Act; or
5        (4) in violation of any order adopted by the Board
6    under this Act.
7    Notwithstanding the above, no RCRA permit shall be required
8under this subsection or subsection (d) of Section 39 of this
9Act for any person engaged in agricultural activity who is
10disposing of a substance which has been identified as a
11hazardous waste, and which has been designated by Board
12regulations as being subject to this exception, if the
13substance was acquired for use by that person on his own
14property and the substance is disposed of on his own property
15in accordance with regulations or standards adopted by the
16Board.
17    (g) Conduct any hazardous waste-transportation operation:
18        (1) without registering with and obtaining a special
19    waste hauling permit from the Agency in accordance with the
20    regulations adopted by the Board under this Act; or
21        (2) in violation of any regulations or standards
22    adopted by the Board under this Act.
23    (h) Conduct any hazardous waste-recycling or hazardous
24waste-reclamation or hazardous waste-reuse operation in
25violation of any regulations, standards or permit requirements
26adopted by the Board under this Act.

 

 

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1    (i) Conduct any process or engage in any act which produces
2hazardous waste in violation of any regulations or standards
3adopted by the Board under subsections (a) and (c) of Section
422.4 of this Act.
5    (j) Conduct any special waste transportation operation in
6violation of any regulations, standards or permit requirements
7adopted by the Board under this Act. However, sludge from a
8water or sewage treatment plant owned and operated by a unit of
9local government which (1) is subject to a sludge management
10plan approved by the Agency or a permit granted by the Agency,
11and (2) has been tested and determined not to be a hazardous
12waste as required by applicable State and federal laws and
13regulations, may be transported in this State without a special
14waste hauling permit, and the preparation and carrying of a
15manifest shall not be required for such sludge under the rules
16of the Pollution Control Board. The unit of local government
17which operates the treatment plant producing such sludge shall
18file an annual report with the Agency identifying the volume of
19such sludge transported during the reporting period, the hauler
20of the sludge, and the disposal sites to which it was
21transported. This subsection (j) shall not apply to hazardous
22waste.
23    (k) Fail or refuse to pay any fee imposed under this Act.
24    (l) Locate a hazardous waste disposal site above an active
25or inactive shaft or tunneled mine or within 2 miles of an
26active fault in the earth's crust. In counties of population

 

 

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1less than 225,000 no hazardous waste disposal site shall be
2located (1) within 1 1/2 miles of the corporate limits as
3defined on June 30, 1978, of any municipality without the
4approval of the governing body of the municipality in an
5official action; or (2) within 1000 feet of an existing private
6well or the existing source of a public water supply measured
7from the boundary of the actual active permitted site and
8excluding existing private wells on the property of the permit
9applicant. The provisions of this subsection do not apply to
10publicly-owned sewage works or the disposal or utilization of
11sludge from publicly-owned sewage works.
12    (m) Transfer interest in any land which has been used as a
13hazardous waste disposal site without written notification to
14the Agency of the transfer and to the transferee of the
15conditions imposed by the Agency upon its use under subsection
16(g) of Section 39.
17    (n) Use any land which has been used as a hazardous waste
18disposal site except in compliance with conditions imposed by
19the Agency under subsection (g) of Section 39.
20    (o) Conduct a sanitary landfill operation which is required
21to have a permit under subsection (d) of this Section, in a
22manner which results in any of the following conditions:
23        (1) refuse in standing or flowing waters;
24        (2) leachate flows entering waters of the State;
25        (3) leachate flows exiting the landfill confines (as
26    determined by the boundaries established for the landfill

 

 

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1    by a permit issued by the Agency);
2        (4) open burning of refuse in violation of Section 9 of
3    this Act;
4        (5) uncovered refuse remaining from any previous
5    operating day or at the conclusion of any operating day,
6    unless authorized by permit;
7        (6) failure to provide final cover within time limits
8    established by Board regulations;
9        (7) acceptance of wastes without necessary permits;
10        (8) scavenging as defined by Board regulations;
11        (9) deposition of refuse in any unpermitted portion of
12    the landfill;
13        (10) acceptance of a special waste without a required
14    manifest;
15        (11) failure to submit reports required by permits or
16    Board regulations;
17        (12) failure to collect and contain litter from the
18    site by the end of each operating day;
19        (13) failure to submit any cost estimate for the site
20    or any performance bond or other security for the site as
21    required by this Act or Board rules.
22    The prohibitions specified in this subsection (o) shall be
23enforceable by the Agency either by administrative citation
24under Section 31.1 of this Act or as otherwise provided by this
25Act. The specific prohibitions in this subsection do not limit
26the power of the Board to establish regulations or standards

 

 

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1applicable to sanitary landfills.
2    (p) In violation of subdivision (a) of this Section, cause
3or allow the open dumping of any waste in a manner which
4results in any of the following occurrences at the dump site:
5        (1) litter;
6        (2) scavenging;
7        (3) open burning;
8        (4) deposition of waste in standing or flowing waters;
9        (5) proliferation of disease vectors;
10        (6) standing or flowing liquid discharge from the dump
11    site;
12        (7) deposition of:
13            (i) general construction or demolition debris as
14        defined in Section 3.160(a) of this Act; or
15            (ii) clean construction or demolition debris as
16        defined in Section 3.160(b) of this Act.
17    The prohibitions specified in this subsection (p) shall be
18enforceable by the Agency either by administrative citation
19under Section 31.1 of this Act or as otherwise provided by this
20Act. The specific prohibitions in this subsection do not limit
21the power of the Board to establish regulations or standards
22applicable to open dumping.
23    (q) Conduct a landscape waste composting operation without
24an Agency permit, provided, however, that no permit shall be
25required for any person:
26        (1) conducting a landscape waste composting operation

 

 

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1    for landscape wastes generated by such person's own
2    activities which are stored, treated, or disposed of within
3    the site where such wastes are generated; or
4        (1.5) conducting a landscape waste composting
5    operation that (i) has no more than 25 cubic yards of
6    landscape waste, composting additives, composting
7    material, or end-product compost on-site at any one time
8    and (ii) is not engaging in commercial activity; or
9        (2) applying landscape waste or composted landscape
10    waste at agronomic rates; or
11        (2.5) operating a landscape waste composting facility
12    at a site having 10 or more occupied non-farm residences
13    within 1/2 mile of its boundaries, if the facility meets
14    all of the following criteria:
15            (A) the composting facility is operated by the
16        farmer on property on which the composting material is
17        utilized, and the composting facility constitutes no
18        more than 2% of the site's total acreage;
19            (A-5) any composting additives that the composting
20        facility accepts and uses at the facility are necessary
21        to provide proper conditions for composting and do not
22        exceed 10% of the total composting material at the
23        facility at any one time;
24            (B) the property on which the composting facility
25        is located, and any associated property on which the
26        compost is used, is principally and diligently devoted

 

 

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1        to the production of agricultural crops and is not
2        owned, leased, or otherwise controlled by any waste
3        hauler or generator of nonagricultural compost
4        materials, and the operator of the composting facility
5        is not an employee, partner, shareholder, or in any way
6        connected with or controlled by any such waste hauler
7        or generator;
8            (C) all compost generated by the composting
9        facility is applied at agronomic rates and used as
10        mulch, fertilizer, or soil conditioner on land
11        actually farmed by the person operating the composting
12        facility, and the finished compost is not stored at the
13        composting site for a period longer than 18 months
14        prior to its application as mulch, fertilizer, or soil
15        conditioner;
16            (D) no fee is charged for the acceptance of
17        materials to be composted at the facility; and
18            (E) the owner or operator, by January 1, 2014 (or
19        the January 1 following commencement of operation,
20        whichever is later) and January 1 of each year
21        thereafter, registers the site with the Agency, (ii)
22        reports to the Agency on the volume of composting
23        material received and used at the site; (iii) certifies
24        to the Agency that the site complies with the
25        requirements set forth in subparagraphs (A), (A-5),
26        (B), (C), and (D) of this paragraph (2.5); and (iv)

 

 

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1        certifies to the Agency that all composting material
2        was placed more than 200 feet from the nearest potable
3        water supply well, was placed outside the boundary of
4        the 10-year floodplain or on a part of the site that is
5        floodproofed, was placed at least 1/4 mile from the
6        nearest residence (other than a residence located on
7        the same property as the facility) or a lesser distance
8        from the nearest residence (other than a residence
9        located on the same property as the facility) if the
10        municipality in which the facility is located has by
11        ordinance approved a lesser distance than 1/4 mile, and
12        was placed more than 5 feet above the water table; any
13        ordinance approving a residential setback of less than
14        1/4 mile that is used to meet the requirements of this
15        subparagraph (E) of paragraph (2.5) of this subsection
16        must specifically reference this paragraph; or
17        (3) operating a landscape waste composting facility on
18    a farm, if the facility meets all of the following
19    criteria:
20            (A) the composting facility is operated by the
21        farmer on property on which the composting material is
22        utilized, and the composting facility constitutes no
23        more than 2% of the property's total acreage, except
24        that the Board may allow a higher percentage for
25        individual sites where the owner or operator has
26        demonstrated to the Board that the site's soil

 

 

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1        characteristics or crop needs require a higher rate;
2            (A-1) the composting facility accepts from other
3        agricultural operations for composting with landscape
4        waste no materials other than uncontaminated and
5        source-separated (i) crop residue and other
6        agricultural plant residue generated from the
7        production and harvesting of crops and other customary
8        farm practices, including, but not limited to, stalks,
9        leaves, seed pods, husks, bagasse, and roots and (ii)
10        plant-derived animal bedding, such as straw or
11        sawdust, that is free of manure and was not made from
12        painted or treated wood;
13            (A-2) any composting additives that the composting
14        facility accepts and uses at the facility are necessary
15        to provide proper conditions for composting and do not
16        exceed 10% of the total composting material at the
17        facility at any one time;
18            (B) the property on which the composting facility
19        is located, and any associated property on which the
20        compost is used, is principally and diligently devoted
21        to the production of agricultural crops and is not
22        owned, leased or otherwise controlled by any waste
23        hauler or generator of nonagricultural compost
24        materials, and the operator of the composting facility
25        is not an employee, partner, shareholder, or in any way
26        connected with or controlled by any such waste hauler

 

 

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1        or generator;
2            (C) all compost generated by the composting
3        facility is applied at agronomic rates and used as
4        mulch, fertilizer or soil conditioner on land actually
5        farmed by the person operating the composting
6        facility, and the finished compost is not stored at the
7        composting site for a period longer than 18 months
8        prior to its application as mulch, fertilizer, or soil
9        conditioner;
10            (D) the owner or operator, by January 1 of each
11        year, (i) registers the site with the Agency, (ii)
12        reports to the Agency on the volume of composting
13        material received and used at the site, (iii) certifies
14        to the Agency that the site complies with the
15        requirements set forth in subparagraphs (A), (A-1),
16        (A-2), (B), and (C) of this paragraph (q)(3), and (iv)
17        certifies to the Agency that all composting material:
18                (I) was placed more than 200 feet from the
19            nearest potable water supply well;
20                (II) was placed outside the boundary of the
21            10-year floodplain or on a part of the site that is
22            floodproofed;
23                (III) was placed either (aa) at least 1/4 mile
24            from the nearest residence (other than a residence
25            located on the same property as the facility) and
26            there are not more than 10 occupied non-farm

 

 

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1            residences within 1/2 mile of the boundaries of the
2            site on the date of application or (bb) a lesser
3            distance from the nearest residence (other than a
4            residence located on the same property as the
5            facility) provided that the municipality or county
6            in which the facility is located has by ordinance
7            approved a lesser distance than 1/4 mile and there
8            are not more than 10 occupied non-farm residences
9            within 1/2 mile of the boundaries of the site on
10            the date of application; and
11                (IV) was placed more than 5 feet above the
12            water table.
13            Any ordinance approving a residential setback of
14        less than 1/4 mile that is used to meet the
15        requirements of this subparagraph (D) must
16        specifically reference this subparagraph.
17    For the purposes of this subsection (q), "agronomic rates"
18means the application of not more than 20 tons per acre per
19year, except that the Board may allow a higher rate for
20individual sites where the owner or operator has demonstrated
21to the Board that the site's soil characteristics or crop needs
22require a higher rate.
23    (r) Cause or allow the storage or disposal of coal
24combustion waste unless:
25        (1) such waste is stored or disposed of at a site or
26    facility for which a permit has been obtained or is not

 

 

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1    otherwise required under subsection (d) of this Section; or
2        (2) such waste is stored or disposed of as a part of
3    the design and reclamation of a site or facility which is
4    an abandoned mine site in accordance with the Abandoned
5    Mined Lands and Water Reclamation Act; or
6        (3) such waste is stored or disposed of at a site or
7    facility which is operating under NPDES and Subtitle D
8    permits issued by the Agency pursuant to regulations
9    adopted by the Board for mine-related water pollution and
10    permits issued pursuant to the Federal Surface Mining
11    Control and Reclamation Act of 1977 (P.L. 95-87) or the
12    rules and regulations thereunder or any law or rule or
13    regulation adopted by the State of Illinois pursuant
14    thereto, and the owner or operator of the facility agrees
15    to accept the waste; and either
16            (i) such waste is stored or disposed of in
17        accordance with requirements applicable to refuse
18        disposal under regulations adopted by the Board for
19        mine-related water pollution and pursuant to NPDES and
20        Subtitle D permits issued by the Agency under such
21        regulations; or
22            (ii) the owner or operator of the facility
23        demonstrates all of the following to the Agency, and
24        the facility is operated in accordance with the
25        demonstration as approved by the Agency: (1) the
26        disposal area will be covered in a manner that will

 

 

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1        support continuous vegetation, (2) the facility will
2        be adequately protected from wind and water erosion,
3        (3) the pH will be maintained so as to prevent
4        excessive leaching of metal ions, and (4) adequate
5        containment or other measures will be provided to
6        protect surface water and groundwater from
7        contamination at levels prohibited by this Act, the
8        Illinois Groundwater Protection Act, or regulations
9        adopted pursuant thereto.
10    Notwithstanding any other provision of this Title, the
11disposal of coal combustion waste pursuant to item (2) or (3)
12of this subdivision (r) shall be exempt from the other
13provisions of this Title V, and notwithstanding the provisions
14of Title X of this Act, the Agency is authorized to grant
15experimental permits which include provision for the disposal
16of wastes from the combustion of coal and other materials
17pursuant to items (2) and (3) of this subdivision (r).
18    (s) After April 1, 1989, offer for transportation,
19transport, deliver, receive or accept special waste for which a
20manifest is required, unless the manifest indicates that the
21fee required under Section 22.8 of this Act has been paid.
22    (t) Cause or allow a lateral expansion of a municipal solid
23waste landfill unit on or after October 9, 1993, without a
24permit modification, granted by the Agency, that authorizes the
25lateral expansion.
26    (u) Conduct any vegetable by-product treatment, storage,

 

 

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1disposal or transportation operation in violation of any
2regulation, standards or permit requirements adopted by the
3Board under this Act. However, no permit shall be required
4under this Title V for the land application of vegetable
5by-products conducted pursuant to Agency permit issued under
6Title III of this Act to the generator of the vegetable
7by-products. In addition, vegetable by-products may be
8transported in this State without a special waste hauling
9permit, and without the preparation and carrying of a manifest.
10    (v) (Blank).
11    (w) Conduct any generation, transportation, or recycling
12of construction or demolition debris, clean or general, or
13uncontaminated soil generated during construction, remodeling,
14repair, and demolition of utilities, structures, and roads that
15is not commingled with any waste, without the maintenance of
16documentation identifying the hauler, generator, place of
17origin of the debris or soil, the weight or volume of the
18debris or soil, and the location, owner, and operator of the
19facility where the debris or soil was transferred, disposed,
20recycled, or treated. This documentation must be maintained by
21the generator, transporter, or recycler for 3 years. This
22subsection (w) shall not apply to (1) a permitted pollution
23control facility that transfers or accepts construction or
24demolition debris, clean or general, or uncontaminated soil for
25final disposal, recycling, or treatment, (2) a public utility
26(as that term is defined in the Public Utilities Act) or a

 

 

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1municipal utility, (3) the Illinois Department of
2Transportation, or (4) a municipality or a county highway
3department, with the exception of any municipality or county
4highway department located within a county having a population
5of over 3,000,000 inhabitants or located in a county that is
6contiguous to a county having a population of over 3,000,000
7inhabitants; but it shall apply to an entity that contracts
8with a public utility, a municipal utility, the Illinois
9Department of Transportation, or a municipality or a county
10highway department. The terms "generation" and "recycling" as
11used in this subsection do not apply to clean construction or
12demolition debris when (i) used as fill material below grade
13outside of a setback zone if covered by sufficient
14uncontaminated soil to support vegetation within 30 days of the
15completion of filling or if covered by a road or structure,
16(ii) solely broken concrete without protruding metal bars is
17used for erosion control, or (iii) milled asphalt or crushed
18concrete is used as aggregate in construction of the shoulder
19of a roadway. The terms "generation" and "recycling", as used
20in this subsection, do not apply to uncontaminated soil that is
21not commingled with any waste when (i) used as fill material
22below grade or contoured to grade, or (ii) used at the site of
23generation.
24(Source: P.A. 100-103, eff. 8-11-17.)
 
25    (415 ILCS 5/22.59 new)

 

 

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1    Sec. 22.59. CCR surface impoundments.
2    (a) The General Assembly finds that:
3        (1) the State of Illinois has a long-standing policy to
4    restore, protect, and enhance the environment, including
5    the purity of the air, land, and waters, including
6    groundwaters, of this State;
7        (2) a clean environment is essential to the growth and
8    well-being of this State;
9        (3) CCR generated by the electric generating industry
10    has caused groundwater contamination and other forms of
11    pollution at active and inactive plants throughout this
12    State;
13        (4) environmental laws should be supplemented to
14    ensure consistent, responsible regulation of all existing
15    CCR surface impoundments; and
16        (5) meaningful participation of State residents,
17    especially vulnerable populations who may be affected by
18    regulatory actions, is critical to ensure that
19    environmental justice considerations are incorporated in
20    the development of, decision-making related to, and
21    implementation of environmental laws and rulemaking that
22    protects and improves the well-being of communities in this
23    State that bear disproportionate burdens imposed by
24    environmental pollution.
25    Therefore, the purpose of this Section is to promote a
26healthful environment, including clean water, air, and land,

 

 

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1meaningful public involvement, and the responsible disposal
2and storage of coal combustion residuals, so as to protect
3public health and to prevent pollution of the environment of
4this State.
5    The provisions of this Section shall be liberally construed
6to carry out the purposes of this Section.
7    (b) No person shall:
8        (1) cause or allow the discharge of any contaminants
9    from a CCR surface impoundment into the environment so as
10    to cause a violation of this Section or any regulations or
11    standards adopted by the Board under this Section, either
12    alone or in combination with contaminants from other
13    sources;
14        (2) construct, install, modify, operate, or close any
15    CCR surface impoundment without a permit granted by the
16    Agency, or so as to violate any conditions imposed by such
17    permit, any provision of this Section or any regulations or
18    standards adopted by the Board under this Section; or
19        (3) cause or allow the discharge, deposit, injection,
20    dumping, spilling, leaking, or placing of any CCR upon the
21    land in a place and manner so as to cause or tend to cause a
22    violation this Section or any regulations or standards
23    adopted by the Board under this Section.
24    (c) For purposes of this Section, a permit issued by the
25Administrator of the United States Environmental Protection
26Agency under Section 4005 of the federal Resource Conservation

 

 

10100SB0009ham001- 23 -LRB101 06168 CPF 61004 a

1and Recovery Act, shall be deemed to be a permit under this
2Section and subsection (y) of Section 39.
3    (d) Before commencing closure of a CCR surface impoundment,
4in accordance with Board rules, the owner of a CCR surface
5impoundment must submit to the Agency for approval a closure
6alternatives analysis that analyzes all closure methods being
7considered and that otherwise satisfies all closure
8requirements adopted by the Board under this Act. Complete
9removal of CCR, as specified by the Board's rules, from the CCR
10surface impoundment must be considered and analyzed. Section
113.405 does not apply to the Board's rules specifying complete
12removal of CCR. The selected closure method must ensure
13compliance with regulations adopted by the Board pursuant to
14this Section.
15    (e) Owners or operators of CCR surface impoundments who
16have submitted a closure plan to the Agency before May 1, 2019,
17and who have completed closure prior to 24 months after the
18effective date of this amendatory Act of the 101st General
19Assembly shall not be required to obtain a construction permit
20for the surface impoundment closure under this Section.
21    (f) Except for the State, its agencies and institutions, a
22unit of local government, or not-for-profit electric
23cooperative as defined in Section 3.4 of the Electric Supplier
24Act, any person who owns or operates a CCR surface impoundment
25in this State shall post with the Agency a performance bond or
26other security for the purpose of: (i) ensuring closure of the

 

 

10100SB0009ham001- 24 -LRB101 06168 CPF 61004 a

1CCR surface impoundment and post-closure care in accordance
2with this Act and its rules; and (ii) insuring remediation of
3releases from the CCR surface impoundment. The only acceptable
4forms of financial assurance are, either individually or in
5combination, the following: a trust fund; a surety bond
6guaranteeing payment; a surety bond guaranteeing performance;
7an irrevocable letter of credit; or a combination of insurance
8with a previously listed acceptable form of financial assurance
9that must ensure insurance policy premiums are paid for the
10term of the insurance policy.
11        (1) The cost estimate for the post-closure care of a
12    CCR surface impoundment shall be calculated using a 30-year
13    post-closure care period or such longer period as may be
14    approved by the Agency under Board or federal rules.
15        (2) The Agency is authorized to enter into such
16    contracts and agreements as it may deem necessary to carry
17    out the purposes of this Section. Neither the State, nor
18    the Director, nor any State employee shall be liable for
19    any damages or injuries arising out of or resulting from
20    any action taken under this Section.
21        (3) The Agency shall have the authority to approve or
22    disapprove any performance bond or other security posted
23    under this subsection. Any person whose performance bond or
24    other security is disapproved by the Agency may contest the
25    disapproval as a permit denial appeal pursuant to Section
26    40.

 

 

10100SB0009ham001- 25 -LRB101 06168 CPF 61004 a

1        (4) Insurance as a financial assurance shall be allowed
2    by the Agency if the owner or operator provides the Agency
3    with a copy of a signed national or local labor agreement
4    with a bona fide labor organization representing multiple
5    construction trades with geographic jurisdiction over the
6    area in which the CCR surface impoundment is located and
7    that pertain to the construction related to a CCR surface
8    impoundment, the closure of the CCR surface impoundment,
9    and any construction, maintenance, or remediation of the
10    CCR surface impoundment required during post-closure care.
11    The insurance must also meet the following criteria:
12            (A) The face value amount of policy shall be at
13        least equal to:
14                (i) the cost estimate for closure, if used as
15            financial assurance for closure;
16                (ii) the cost estimate for post-closure, if
17            used as financial assurance for post-closure; and
18                (iii) the cost estimate for remediation of
19            releases, if used as financial assurance for
20            remediation of releases.
21            (B) The face value of the policy shall be updated
22        within 90 days after a revised cost estimate and cost
23        estimates shall be updated at least annually and upon
24        request by the Agency.
25            (C) The policy shall guarantee that:
26                (i) funds will be available without delay to

 

 

10100SB0009ham001- 26 -LRB101 06168 CPF 61004 a

1            close, if used as financial assurance for closure;
2                (ii) funds will be available without delay to
3            perform any required post-closure care, if used as
4            financial assurance for post-closure; and
5                (iii) funds will be available without delay
6            for remediation of releases, if used as financial
7            assurance for remediation of releases.
8            (D) For insurance used as financial assurance for
9        closure, the policy shall guarantee that once closure
10        begins the insurer will be responsible for payout of
11        funds up to an amount equal to the face amount of the
12        policy, upon the direction of the Agency, to the party
13        or parties the Agency specifies.
14            (E) The policy must not be terminated, canceled, or
15        suspended for any reason other than failure to pay a
16        premium.
17            (F) If nonpayment of premiums risks terminating,
18        cancelling, or suspending the policy, the insurer
19        shall provide notice by certified mail to the owner or
20        operator and the Agency, and termination,
21        cancellation, or suspension shall not occur within 120
22        days after the date of receipt of the notice by the
23        owner or operator and the Agency, as evidenced by
24        return receipts.
25            (G) If nonpayment of premiums risk terminating,
26        cancelling, or suspending the policy, and after notice

 

 

10100SB0009ham001- 27 -LRB101 06168 CPF 61004 a

1        has been provided under subparagraph (F), within 120
2        days of receiving that notice the owner or operator
3        shall acquire an acceptable substitute form of
4        financial assurance at least equal to the face value of
5        the policy.
6            (H) The policy shall automatically renew and
7        automatic renewal of the policy shall provide the
8        insured with the option of renewal at face value of the
9        expiring policy.
10            (I) The insurer shall be licensed to conduct
11        business in Illinois and have at least an "A-" rating,
12        or its equivalent, from a recognized rating agency.
13            (J) The policy shall contain a provision allowing
14        assignment of the policy to a successor owner or
15        operator.
16        Failure to pay the premium, without substitution of
17    alternative financial assurance at least equal to face
18    value of policy within the time period specified in
19    subparagraph (F), shall constitute a violation of this Act.
20    (g) The Board shall adopt rules establishing construction
21permit requirements, operating permit requirements, design
22standards, reporting, financial assurance, and closure and
23post-closure care requirements for CCR surface impoundments.
24Not later than 8 months after the effective date of this
25amendatory Act of the 101st General Assembly the Agency shall
26propose, and not later than one year after receipt of the

 

 

10100SB0009ham001- 28 -LRB101 06168 CPF 61004 a

1Agency's proposal the Board shall adopt, rules under this
2Section. The rules must, at a minimum:
3        (1) be at least as protective and comprehensive as the
4    federal regulations or amendments thereto promulgated by
5    the Administrator of the United States Environmental
6    Protection Agency in Subpart D of 40 CFR 257 governing CCR
7    surface impoundments;
8        (2) specify the minimum contents of CCR surface
9    impoundment construction and operating permit
10    applications, including the closure alternatives analysis
11    required under subsection (d);
12        (3) specify which types of permits include
13    requirements for closure, post-closure, remediation and
14    all other requirements applicable to CCR surface
15    impoundments;
16        (4) specify when permit applications for existing CCR
17    surface impoundments must be submitted, taking into
18    consideration whether the CCR surface impoundment must
19    close under the RCRA;
20        (5) specify standards for review and approval by the
21    Agency of CCR surface impoundment permit applications;
22        (6) specify meaningful public participation procedures
23    for the issuance of CCR surface impoundment construction
24    and operating permits, including, but not limited to,
25    public notice of the submission of permit applications, an
26    opportunity for the submission of public comments, an

 

 

10100SB0009ham001- 29 -LRB101 06168 CPF 61004 a

1    opportunity for a public hearing prior to permit issuance,
2    and a summary and response of the comments prepared by the
3    Agency;
4        (7) prescribe the type and amount of the performance
5    bonds or other securities required under subsection (f),
6    and the conditions under which the State is entitled to
7    collect moneys from such performance bonds or other
8    securities;
9        (8) specify requirements of financial assurances under
10    paragraph (4) of subsection (f);
11        (9) govern insurance used for financial assurance to
12    ensure funds are available to pay premiums for the entirety
13    of the term of the insurance policy under paragraph (4) of
14    subsection (f);
15        (10) specify a procedure to identify areas of
16    environmental justice concern in relation to CCR surface
17    impoundments;
18        (11) specify a method to prioritize CCR surface
19    impoundments required to close under RCRA if not otherwise
20    specified by the United States Environmental Protection
21    Agency, so that the CCR surface impoundments with the
22    highest risk to public health and the environment, and
23    areas of environmental justice concern are given first
24    priority;
25        (12) define when complete removal of CCR is achieved
26    and specify the standards for responsible removal of CCR

 

 

10100SB0009ham001- 30 -LRB101 06168 CPF 61004 a

1    from CCR surface impoundments, including, but not limited
2    to, dust controls and the protection of adjacent surface
3    water and groundwater; and
4        (13) describe the process and standards for
5    identifying a specific alternative source of groundwater
6    pollution when the owner or operator of the CCR surface
7    impoundment believes that groundwater contamination on the
8    site is not from the CCR surface impoundment.
9    (h) Any owner of a CCR surface impoundment that generates
10CCR and sells or otherwise provides coal combustion byproducts
11pursuant to Section 3.135 shall, every 12 months, post on its
12publicly available website a report specifying the volume or
13weight of CCR, in cubic yards or tons, that it sold or provided
14during the past 12 months.
15    (i) The owner of a CCR surface impoundment shall post all
16closure plans, permit applications, and supporting
17documentation, as well as any Agency approval of the plans or
18applications on its publicly available website.
19    (j) The owner or operator of a CCR surface impoundment
20shall pay the following fees:
21        (1) An initial fee to the Agency within 6 months after
22    the effective date of this amendatory Act of the 101st
23    General Assembly of:
24            $50,000 for each closed CCR surface impoundment;
25        and
26            $75,000 for each CCR surface impoundment that has

 

 

10100SB0009ham001- 31 -LRB101 06168 CPF 61004 a

1        not completed closure.
2        (2) Annual fees to the Agency, beginning on July 1,
3    2020, of:
4            $25,000 for each CCR surface impoundment that has
5        not completed closure; and
6            $15,000 for each CCR surface impoundment that has
7        completed closure, but has not completed post-closure
8        care.
9    (k) All fees collected by the Agency under subsection (j)
10shall be deposited into the Environmental Protection Permit and
11Inspection Fund.
12    (l) The Coal Combustion Residual Surface Impoundment
13Financial Assurance Fund is created as a special fund in the
14State treasury. Any moneys forfeited to the State of Illinois
15from any performance bond or other security required under this
16Section shall be placed in the Coal Combustion Residual Surface
17Impoundment Financial Assurance Fund and shall, upon approval
18by the Governor and the Director, be used by the Agency for the
19purposes for which such performance bond or other security was
20issued. The Coal Combustion Residual Surface Impoundment
21Financial Assurance Fund is not subject to the provisions of
22subsection (c) of Section 5 of the State Finance Act.
23    (m) The provisions of this Section shall apply, without
24limitation, to all existing CCR surface impoundments and any
25CCR surface impoundments constructed after the effective date
26of this amendatory Act of the 101st General Assembly, except to

 

 

10100SB0009ham001- 32 -LRB101 06168 CPF 61004 a

1the extent prohibited by the Illinois or United States
2Constitutions.
 
3    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
4    Sec. 39. Issuance of permits; procedures.
5    (a) When the Board has by regulation required a permit for
6the construction, installation, or operation of any type of
7facility, equipment, vehicle, vessel, or aircraft, the
8applicant shall apply to the Agency for such permit and it
9shall be the duty of the Agency to issue such a permit upon
10proof by the applicant that the facility, equipment, vehicle,
11vessel, or aircraft will not cause a violation of this Act or
12of regulations hereunder. The Agency shall adopt such
13procedures as are necessary to carry out its duties under this
14Section. In making its determinations on permit applications
15under this Section the Agency may consider prior adjudications
16of noncompliance with this Act by the applicant that involved a
17release of a contaminant into the environment. In granting
18permits, the Agency may impose reasonable conditions
19specifically related to the applicant's past compliance
20history with this Act as necessary to correct, detect, or
21prevent noncompliance. The Agency may impose such other
22conditions as may be necessary to accomplish the purposes of
23this Act, and as are not inconsistent with the regulations
24promulgated by the Board hereunder. Except as otherwise
25provided in this Act, a bond or other security shall not be

 

 

10100SB0009ham001- 33 -LRB101 06168 CPF 61004 a

1required as a condition for the issuance of a permit. If the
2Agency denies any permit under this Section, the Agency shall
3transmit to the applicant within the time limitations of this
4Section specific, detailed statements as to the reasons the
5permit application was denied. Such statements shall include,
6but not be limited to the following:
7        (i) the Sections of this Act which may be violated if
8    the permit were granted;
9        (ii) the provision of the regulations, promulgated
10    under this Act, which may be violated if the permit were
11    granted;
12        (iii) the specific type of information, if any, which
13    the Agency deems the applicant did not provide the Agency;
14    and
15        (iv) a statement of specific reasons why the Act and
16    the regulations might not be met if the permit were
17    granted.
18    If there is no final action by the Agency within 90 days
19after the filing of the application for permit, the applicant
20may deem the permit issued; except that this time period shall
21be extended to 180 days when (1) notice and opportunity for
22public hearing are required by State or federal law or
23regulation, (2) the application which was filed is for any
24permit to develop a landfill subject to issuance pursuant to
25this subsection, or (3) the application that was filed is for a
26MSWLF unit required to issue public notice under subsection (p)

 

 

10100SB0009ham001- 34 -LRB101 06168 CPF 61004 a

1of Section 39. The 90-day and 180-day time periods for the
2Agency to take final action do not apply to NPDES permit
3applications under subsection (b) of this Section, to RCRA
4permit applications under subsection (d) of this Section, or to
5UIC permit applications under subsection (e) of this Section ,
6or to CCR surface impoundment applications under subsection (y)
7of this Section.
8    The Agency shall publish notice of all final permit
9determinations for development permits for MSWLF units and for
10significant permit modifications for lateral expansions for
11existing MSWLF units one time in a newspaper of general
12circulation in the county in which the unit is or is proposed
13to be located.
14    After January 1, 1994 and until July 1, 1998, operating
15permits issued under this Section by the Agency for sources of
16air pollution permitted to emit less than 25 tons per year of
17any combination of regulated air pollutants, as defined in
18Section 39.5 of this Act, shall be required to be renewed only
19upon written request by the Agency consistent with applicable
20provisions of this Act and regulations promulgated hereunder.
21Such operating permits shall expire 180 days after the date of
22such a request. The Board shall revise its regulations for the
23existing State air pollution operating permit program
24consistent with this provision by January 1, 1994.
25    After June 30, 1998, operating permits issued under this
26Section by the Agency for sources of air pollution that are not

 

 

10100SB0009ham001- 35 -LRB101 06168 CPF 61004 a

1subject to Section 39.5 of this Act and are not required to
2have a federally enforceable State operating permit shall be
3required to be renewed only upon written request by the Agency
4consistent with applicable provisions of this Act and its
5rules. Such operating permits shall expire 180 days after the
6date of such a request. Before July 1, 1998, the Board shall
7revise its rules for the existing State air pollution operating
8permit program consistent with this paragraph and shall adopt
9rules that require a source to demonstrate that it qualifies
10for a permit under this paragraph.
11    (b) The Agency may issue NPDES permits exclusively under
12this subsection for the discharge of contaminants from point
13sources into navigable waters, all as defined in the Federal
14Water Pollution Control Act, as now or hereafter amended,
15within the jurisdiction of the State, or into any well.
16    All NPDES permits shall contain those terms and conditions,
17including but not limited to schedules of compliance, which may
18be required to accomplish the purposes and provisions of this
19Act.
20    The Agency may issue general NPDES permits for discharges
21from categories of point sources which are subject to the same
22permit limitations and conditions. Such general permits may be
23issued without individual applications and shall conform to
24regulations promulgated under Section 402 of the Federal Water
25Pollution Control Act, as now or hereafter amended.
26    The Agency may include, among such conditions, effluent

 

 

10100SB0009ham001- 36 -LRB101 06168 CPF 61004 a

1limitations and other requirements established under this Act,
2Board regulations, the Federal Water Pollution Control Act, as
3now or hereafter amended, and regulations pursuant thereto, and
4schedules for achieving compliance therewith at the earliest
5reasonable date.
6    The Agency shall adopt filing requirements and procedures
7which are necessary and appropriate for the issuance of NPDES
8permits, and which are consistent with the Act or regulations
9adopted by the Board, and with the Federal Water Pollution
10Control Act, as now or hereafter amended, and regulations
11pursuant thereto.
12    The Agency, subject to any conditions which may be
13prescribed by Board regulations, may issue NPDES permits to
14allow discharges beyond deadlines established by this Act or by
15regulations of the Board without the requirement of a variance,
16subject to the Federal Water Pollution Control Act, as now or
17hereafter amended, and regulations pursuant thereto.
18    (c) Except for those facilities owned or operated by
19sanitary districts organized under the Metropolitan Water
20Reclamation District Act, no permit for the development or
21construction of a new pollution control facility may be granted
22by the Agency unless the applicant submits proof to the Agency
23that the location of the facility has been approved by the
24County Board of the county if in an unincorporated area, or the
25governing body of the municipality when in an incorporated
26area, in which the facility is to be located in accordance with

 

 

10100SB0009ham001- 37 -LRB101 06168 CPF 61004 a

1Section 39.2 of this Act. For purposes of this subsection (c),
2and for purposes of Section 39.2 of this Act, the appropriate
3county board or governing body of the municipality shall be the
4county board of the county or the governing body of the
5municipality in which the facility is to be located as of the
6date when the application for siting approval is filed.
7    In the event that siting approval granted pursuant to
8Section 39.2 has been transferred to a subsequent owner or
9operator, that subsequent owner or operator may apply to the
10Agency for, and the Agency may grant, a development or
11construction permit for the facility for which local siting
12approval was granted. Upon application to the Agency for a
13development or construction permit by that subsequent owner or
14operator, the permit applicant shall cause written notice of
15the permit application to be served upon the appropriate county
16board or governing body of the municipality that granted siting
17approval for that facility and upon any party to the siting
18proceeding pursuant to which siting approval was granted. In
19that event, the Agency shall conduct an evaluation of the
20subsequent owner or operator's prior experience in waste
21management operations in the manner conducted under subsection
22(i) of Section 39 of this Act.
23    Beginning August 20, 1993, if the pollution control
24facility consists of a hazardous or solid waste disposal
25facility for which the proposed site is located in an
26unincorporated area of a county with a population of less than

 

 

10100SB0009ham001- 38 -LRB101 06168 CPF 61004 a

1100,000 and includes all or a portion of a parcel of land that
2was, on April 1, 1993, adjacent to a municipality having a
3population of less than 5,000, then the local siting review
4required under this subsection (c) in conjunction with any
5permit applied for after that date shall be performed by the
6governing body of that adjacent municipality rather than the
7county board of the county in which the proposed site is
8located; and for the purposes of that local siting review, any
9references in this Act to the county board shall be deemed to
10mean the governing body of that adjacent municipality;
11provided, however, that the provisions of this paragraph shall
12not apply to any proposed site which was, on April 1, 1993,
13owned in whole or in part by another municipality.
14    In the case of a pollution control facility for which a
15development permit was issued before November 12, 1981, if an
16operating permit has not been issued by the Agency prior to
17August 31, 1989 for any portion of the facility, then the
18Agency may not issue or renew any development permit nor issue
19an original operating permit for any portion of such facility
20unless the applicant has submitted proof to the Agency that the
21location of the facility has been approved by the appropriate
22county board or municipal governing body pursuant to Section
2339.2 of this Act.
24    After January 1, 1994, if a solid waste disposal facility,
25any portion for which an operating permit has been issued by
26the Agency, has not accepted waste disposal for 5 or more

 

 

10100SB0009ham001- 39 -LRB101 06168 CPF 61004 a

1consecutive calendars years, before that facility may accept
2any new or additional waste for disposal, the owner and
3operator must obtain a new operating permit under this Act for
4that facility unless the owner and operator have applied to the
5Agency for a permit authorizing the temporary suspension of
6waste acceptance. The Agency may not issue a new operation
7permit under this Act for the facility unless the applicant has
8submitted proof to the Agency that the location of the facility
9has been approved or re-approved by the appropriate county
10board or municipal governing body under Section 39.2 of this
11Act after the facility ceased accepting waste.
12    Except for those facilities owned or operated by sanitary
13districts organized under the Metropolitan Water Reclamation
14District Act, and except for new pollution control facilities
15governed by Section 39.2, and except for fossil fuel mining
16facilities, the granting of a permit under this Act shall not
17relieve the applicant from meeting and securing all necessary
18zoning approvals from the unit of government having zoning
19jurisdiction over the proposed facility.
20    Before beginning construction on any new sewage treatment
21plant or sludge drying site to be owned or operated by a
22sanitary district organized under the Metropolitan Water
23Reclamation District Act for which a new permit (rather than
24the renewal or amendment of an existing permit) is required,
25such sanitary district shall hold a public hearing within the
26municipality within which the proposed facility is to be

 

 

10100SB0009ham001- 40 -LRB101 06168 CPF 61004 a

1located, or within the nearest community if the proposed
2facility is to be located within an unincorporated area, at
3which information concerning the proposed facility shall be
4made available to the public, and members of the public shall
5be given the opportunity to express their views concerning the
6proposed facility.
7    The Agency may issue a permit for a municipal waste
8transfer station without requiring approval pursuant to
9Section 39.2 provided that the following demonstration is made:
10        (1) the municipal waste transfer station was in
11    existence on or before January 1, 1979 and was in
12    continuous operation from January 1, 1979 to January 1,
13    1993;
14        (2) the operator submitted a permit application to the
15    Agency to develop and operate the municipal waste transfer
16    station during April of 1994;
17        (3) the operator can demonstrate that the county board
18    of the county, if the municipal waste transfer station is
19    in an unincorporated area, or the governing body of the
20    municipality, if the station is in an incorporated area,
21    does not object to resumption of the operation of the
22    station; and
23        (4) the site has local zoning approval.
24    (d) The Agency may issue RCRA permits exclusively under
25this subsection to persons owning or operating a facility for
26the treatment, storage, or disposal of hazardous waste as

 

 

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1defined under this Act. Subsection (y) of this Section, rather
2than this subsection (d), shall apply to permits issued for CCR
3surface impoundments.
4    All RCRA permits shall contain those terms and conditions,
5including but not limited to schedules of compliance, which may
6be required to accomplish the purposes and provisions of this
7Act. The Agency may include among such conditions standards and
8other requirements established under this Act, Board
9regulations, the Resource Conservation and Recovery Act of 1976
10(P.L. 94-580), as amended, and regulations pursuant thereto,
11and may include schedules for achieving compliance therewith as
12soon as possible. The Agency shall require that a performance
13bond or other security be provided as a condition for the
14issuance of a RCRA permit.
15    In the case of a permit to operate a hazardous waste or PCB
16incinerator as defined in subsection (k) of Section 44, the
17Agency shall require, as a condition of the permit, that the
18operator of the facility perform such analyses of the waste to
19be incinerated as may be necessary and appropriate to ensure
20the safe operation of the incinerator.
21    The Agency shall adopt filing requirements and procedures
22which are necessary and appropriate for the issuance of RCRA
23permits, and which are consistent with the Act or regulations
24adopted by the Board, and with the Resource Conservation and
25Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
26pursuant thereto.

 

 

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1    The applicant shall make available to the public for
2inspection all documents submitted by the applicant to the
3Agency in furtherance of an application, with the exception of
4trade secrets, at the office of the county board or governing
5body of the municipality. Such documents may be copied upon
6payment of the actual cost of reproduction during regular
7business hours of the local office. The Agency shall issue a
8written statement concurrent with its grant or denial of the
9permit explaining the basis for its decision.
10    (e) The Agency may issue UIC permits exclusively under this
11subsection to persons owning or operating a facility for the
12underground injection of contaminants as defined under this
13Act.
14    All UIC permits shall contain those terms and conditions,
15including but not limited to schedules of compliance, which may
16be required to accomplish the purposes and provisions of this
17Act. The Agency may include among such conditions standards and
18other requirements established under this Act, Board
19regulations, the Safe Drinking Water Act (P.L. 93-523), as
20amended, and regulations pursuant thereto, and may include
21schedules for achieving compliance therewith. The Agency shall
22require that a performance bond or other security be provided
23as a condition for the issuance of a UIC permit.
24    The Agency shall adopt filing requirements and procedures
25which are necessary and appropriate for the issuance of UIC
26permits, and which are consistent with the Act or regulations

 

 

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1adopted by the Board, and with the Safe Drinking Water Act
2(P.L. 93-523), as amended, and regulations pursuant thereto.
3    The applicant shall make available to the public for
4inspection, all documents submitted by the applicant to the
5Agency in furtherance of an application, with the exception of
6trade secrets, at the office of the county board or governing
7body of the municipality. Such documents may be copied upon
8payment of the actual cost of reproduction during regular
9business hours of the local office. The Agency shall issue a
10written statement concurrent with its grant or denial of the
11permit explaining the basis for its decision.
12    (f) In making any determination pursuant to Section 9.1 of
13this Act:
14        (1) The Agency shall have authority to make the
15    determination of any question required to be determined by
16    the Clean Air Act, as now or hereafter amended, this Act,
17    or the regulations of the Board, including the
18    determination of the Lowest Achievable Emission Rate,
19    Maximum Achievable Control Technology, or Best Available
20    Control Technology, consistent with the Board's
21    regulations, if any.
22        (2) The Agency shall adopt requirements as necessary to
23    implement public participation procedures, including, but
24    not limited to, public notice, comment, and an opportunity
25    for hearing, which must accompany the processing of
26    applications for PSD permits. The Agency shall briefly

 

 

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1    describe and respond to all significant comments on the
2    draft permit raised during the public comment period or
3    during any hearing. The Agency may group related comments
4    together and provide one unified response for each issue
5    raised.
6        (3) Any complete permit application submitted to the
7    Agency under this subsection for a PSD permit shall be
8    granted or denied by the Agency not later than one year
9    after the filing of such completed application.
10        (4) The Agency shall, after conferring with the
11    applicant, give written notice to the applicant of its
12    proposed decision on the application including the terms
13    and conditions of the permit to be issued and the facts,
14    conduct or other basis upon which the Agency will rely to
15    support its proposed action.
16    (g) The Agency shall include as conditions upon all permits
17issued for hazardous waste disposal sites such restrictions
18upon the future use of such sites as are reasonably necessary
19to protect public health and the environment, including
20permanent prohibition of the use of such sites for purposes
21which may create an unreasonable risk of injury to human health
22or to the environment. After administrative and judicial
23challenges to such restrictions have been exhausted, the Agency
24shall file such restrictions of record in the Office of the
25Recorder of the county in which the hazardous waste disposal
26site is located.

 

 

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1    (h) A hazardous waste stream may not be deposited in a
2permitted hazardous waste site unless specific authorization
3is obtained from the Agency by the generator and disposal site
4owner and operator for the deposit of that specific hazardous
5waste stream. The Agency may grant specific authorization for
6disposal of hazardous waste streams only after the generator
7has reasonably demonstrated that, considering technological
8feasibility and economic reasonableness, the hazardous waste
9cannot be reasonably recycled for reuse, nor incinerated or
10chemically, physically or biologically treated so as to
11neutralize the hazardous waste and render it nonhazardous. In
12granting authorization under this Section, the Agency may
13impose such conditions as may be necessary to accomplish the
14purposes of the Act and are consistent with this Act and
15regulations promulgated by the Board hereunder. If the Agency
16refuses to grant authorization under this Section, the
17applicant may appeal as if the Agency refused to grant a
18permit, pursuant to the provisions of subsection (a) of Section
1940 of this Act. For purposes of this subsection (h), the term
20"generator" has the meaning given in Section 3.205 of this Act,
21unless: (1) the hazardous waste is treated, incinerated, or
22partially recycled for reuse prior to disposal, in which case
23the last person who treats, incinerates, or partially recycles
24the hazardous waste prior to disposal is the generator; or (2)
25the hazardous waste is from a response action, in which case
26the person performing the response action is the generator.

 

 

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1This subsection (h) does not apply to any hazardous waste that
2is restricted from land disposal under 35 Ill. Adm. Code 728.
3    (i) Before issuing any RCRA permit, any permit for a waste
4storage site, sanitary landfill, waste disposal site, waste
5transfer station, waste treatment facility, waste incinerator,
6or any waste-transportation operation, any permit or interim
7authorization for a clean construction or demolition debris
8fill operation, or any permit required under subsection (d-5)
9of Section 55, the Agency shall conduct an evaluation of the
10prospective owner's or operator's prior experience in waste
11management operations, clean construction or demolition debris
12fill operations, and tire storage site management. The Agency
13may deny such a permit, or deny or revoke interim
14authorization, if the prospective owner or operator or any
15employee or officer of the prospective owner or operator has a
16history of:
17        (1) repeated violations of federal, State, or local
18    laws, regulations, standards, or ordinances in the
19    operation of waste management facilities or sites, clean
20    construction or demolition debris fill operation
21    facilities or sites, or tire storage sites; or
22        (2) conviction in this or another State of any crime
23    which is a felony under the laws of this State, or
24    conviction of a felony in a federal court; or conviction in
25    this or another state or federal court of any of the
26    following crimes: forgery, official misconduct, bribery,

 

 

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1    perjury, or knowingly submitting false information under
2    any environmental law, regulation, or permit term or
3    condition; or
4        (3) proof of gross carelessness or incompetence in
5    handling, storing, processing, transporting or disposing
6    of waste, clean construction or demolition debris, or used
7    or waste tires, or proof of gross carelessness or
8    incompetence in using clean construction or demolition
9    debris as fill.
10    (i-5) Before issuing any permit or approving any interim
11authorization for a clean construction or demolition debris
12fill operation in which any ownership interest is transferred
13between January 1, 2005, and the effective date of the
14prohibition set forth in Section 22.52 of this Act, the Agency
15shall conduct an evaluation of the operation if any previous
16activities at the site or facility may have caused or allowed
17contamination of the site. It shall be the responsibility of
18the owner or operator seeking the permit or interim
19authorization to provide to the Agency all of the information
20necessary for the Agency to conduct its evaluation. The Agency
21may deny a permit or interim authorization if previous
22activities at the site may have caused or allowed contamination
23at the site, unless such contamination is authorized under any
24permit issued by the Agency.
25    (j) The issuance under this Act of a permit to engage in
26the surface mining of any resources other than fossil fuels

 

 

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1shall not relieve the permittee from its duty to comply with
2any applicable local law regulating the commencement, location
3or operation of surface mining facilities.
4    (k) A development permit issued under subsection (a) of
5Section 39 for any facility or site which is required to have a
6permit under subsection (d) of Section 21 shall expire at the
7end of 2 calendar years from the date upon which it was issued,
8unless within that period the applicant has taken action to
9develop the facility or the site. In the event that review of
10the conditions of the development permit is sought pursuant to
11Section 40 or 41, or permittee is prevented from commencing
12development of the facility or site by any other litigation
13beyond the permittee's control, such two-year period shall be
14deemed to begin on the date upon which such review process or
15litigation is concluded.
16    (l) No permit shall be issued by the Agency under this Act
17for construction or operation of any facility or site located
18within the boundaries of any setback zone established pursuant
19to this Act, where such construction or operation is
20prohibited.
21    (m) The Agency may issue permits to persons owning or
22operating a facility for composting landscape waste. In
23granting such permits, the Agency may impose such conditions as
24may be necessary to accomplish the purposes of this Act, and as
25are not inconsistent with applicable regulations promulgated
26by the Board. Except as otherwise provided in this Act, a bond

 

 

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1or other security shall not be required as a condition for the
2issuance of a permit. If the Agency denies any permit pursuant
3to this subsection, the Agency shall transmit to the applicant
4within the time limitations of this subsection specific,
5detailed statements as to the reasons the permit application
6was denied. Such statements shall include but not be limited to
7the following:
8        (1) the Sections of this Act that may be violated if
9    the permit were granted;
10        (2) the specific regulations promulgated pursuant to
11    this Act that may be violated if the permit were granted;
12        (3) the specific information, if any, the Agency deems
13    the applicant did not provide in its application to the
14    Agency; and
15        (4) a statement of specific reasons why the Act and the
16    regulations might be violated if the permit were granted.
17    If no final action is taken by the Agency within 90 days
18after the filing of the application for permit, the applicant
19may deem the permit issued. Any applicant for a permit may
20waive the 90-day limitation by filing a written statement with
21the Agency.
22    The Agency shall issue permits for such facilities upon
23receipt of an application that includes a legal description of
24the site, a topographic map of the site drawn to the scale of
25200 feet to the inch or larger, a description of the operation,
26including the area served, an estimate of the volume of

 

 

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1materials to be processed, and documentation that:
2        (1) the facility includes a setback of at least 200
3    feet from the nearest potable water supply well;
4        (2) the facility is located outside the boundary of the
5    10-year floodplain or the site will be floodproofed;
6        (3) the facility is located so as to minimize
7    incompatibility with the character of the surrounding
8    area, including at least a 200 foot setback from any
9    residence, and in the case of a facility that is developed
10    or the permitted composting area of which is expanded after
11    November 17, 1991, the composting area is located at least
12    1/8 mile from the nearest residence (other than a residence
13    located on the same property as the facility);
14        (4) the design of the facility will prevent any compost
15    material from being placed within 5 feet of the water
16    table, will adequately control runoff from the site, and
17    will collect and manage any leachate that is generated on
18    the site;
19        (5) the operation of the facility will include
20    appropriate dust and odor control measures, limitations on
21    operating hours, appropriate noise control measures for
22    shredding, chipping and similar equipment, management
23    procedures for composting, containment and disposal of
24    non-compostable wastes, procedures to be used for
25    terminating operations at the site, and recordkeeping
26    sufficient to document the amount of materials received,

 

 

10100SB0009ham001- 51 -LRB101 06168 CPF 61004 a

1    composted and otherwise disposed of; and
2        (6) the operation will be conducted in accordance with
3    any applicable rules adopted by the Board.
4    The Agency shall issue renewable permits of not longer than
510 years in duration for the composting of landscape wastes, as
6defined in Section 3.155 of this Act, based on the above
7requirements.
8    The operator of any facility permitted under this
9subsection (m) must submit a written annual statement to the
10Agency on or before April 1 of each year that includes an
11estimate of the amount of material, in tons, received for
12composting.
13    (n) The Agency shall issue permits jointly with the
14Department of Transportation for the dredging or deposit of
15material in Lake Michigan in accordance with Section 18 of the
16Rivers, Lakes, and Streams Act.
17    (o) (Blank.)
18    (p) (1) Any person submitting an application for a permit
19for a new MSWLF unit or for a lateral expansion under
20subsection (t) of Section 21 of this Act for an existing MSWLF
21unit that has not received and is not subject to local siting
22approval under Section 39.2 of this Act shall publish notice of
23the application in a newspaper of general circulation in the
24county in which the MSWLF unit is or is proposed to be located.
25The notice must be published at least 15 days before submission
26of the permit application to the Agency. The notice shall state

 

 

10100SB0009ham001- 52 -LRB101 06168 CPF 61004 a

1the name and address of the applicant, the location of the
2MSWLF unit or proposed MSWLF unit, the nature and size of the
3MSWLF unit or proposed MSWLF unit, the nature of the activity
4proposed, the probable life of the proposed activity, the date
5the permit application will be submitted, and a statement that
6persons may file written comments with the Agency concerning
7the permit application within 30 days after the filing of the
8permit application unless the time period to submit comments is
9extended by the Agency.
10    When a permit applicant submits information to the Agency
11to supplement a permit application being reviewed by the
12Agency, the applicant shall not be required to reissue the
13notice under this subsection.
14    (2) The Agency shall accept written comments concerning the
15permit application that are postmarked no later than 30 days
16after the filing of the permit application, unless the time
17period to accept comments is extended by the Agency.
18    (3) Each applicant for a permit described in part (1) of
19this subsection shall file a copy of the permit application
20with the county board or governing body of the municipality in
21which the MSWLF unit is or is proposed to be located at the
22same time the application is submitted to the Agency. The
23permit application filed with the county board or governing
24body of the municipality shall include all documents submitted
25to or to be submitted to the Agency, except trade secrets as
26determined under Section 7.1 of this Act. The permit

 

 

10100SB0009ham001- 53 -LRB101 06168 CPF 61004 a

1application and other documents on file with the county board
2or governing body of the municipality shall be made available
3for public inspection during regular business hours at the
4office of the county board or the governing body of the
5municipality and may be copied upon payment of the actual cost
6of reproduction.
7    (q) Within 6 months after July 12, 2011 (the effective date
8of Public Act 97-95), the Agency, in consultation with the
9regulated community, shall develop a web portal to be posted on
10its website for the purpose of enhancing review and promoting
11timely issuance of permits required by this Act. At a minimum,
12the Agency shall make the following information available on
13the web portal:
14        (1) Checklists and guidance relating to the completion
15    of permit applications, developed pursuant to subsection
16    (s) of this Section, which may include, but are not limited
17    to, existing instructions for completing the applications
18    and examples of complete applications. As the Agency
19    develops new checklists and develops guidance, it shall
20    supplement the web portal with those materials.
21        (2) Within 2 years after July 12, 2011 (the effective
22    date of Public Act 97-95), permit application forms or
23    portions of permit applications that can be completed and
24    saved electronically, and submitted to the Agency
25    electronically with digital signatures.
26        (3) Within 2 years after July 12, 2011 (the effective

 

 

10100SB0009ham001- 54 -LRB101 06168 CPF 61004 a

1    date of Public Act 97-95), an online tracking system where
2    an applicant may review the status of its pending
3    application, including the name and contact information of
4    the permit analyst assigned to the application. Until the
5    online tracking system has been developed, the Agency shall
6    post on its website semi-annual permitting efficiency
7    tracking reports that include statistics on the timeframes
8    for Agency action on the following types of permits
9    received after July 12, 2011 (the effective date of Public
10    Act 97-95): air construction permits, new NPDES permits and
11    associated water construction permits, and modifications
12    of major NPDES permits and associated water construction
13    permits. The reports must be posted by February 1 and
14    August 1 each year and shall include:
15            (A) the number of applications received for each
16        type of permit, the number of applications on which the
17        Agency has taken action, and the number of applications
18        still pending; and
19            (B) for those applications where the Agency has not
20        taken action in accordance with the timeframes set
21        forth in this Act, the date the application was
22        received and the reasons for any delays, which may
23        include, but shall not be limited to, (i) the
24        application being inadequate or incomplete, (ii)
25        scientific or technical disagreements with the
26        applicant, USEPA, or other local, state, or federal

 

 

10100SB0009ham001- 55 -LRB101 06168 CPF 61004 a

1        agencies involved in the permitting approval process,
2        (iii) public opposition to the permit, or (iv) Agency
3        staffing shortages. To the extent practicable, the
4        tracking report shall provide approximate dates when
5        cause for delay was identified by the Agency, when the
6        Agency informed the applicant of the problem leading to
7        the delay, and when the applicant remedied the reason
8        for the delay.
9    (r) Upon the request of the applicant, the Agency shall
10notify the applicant of the permit analyst assigned to the
11application upon its receipt.
12    (s) The Agency is authorized to prepare and distribute
13guidance documents relating to its administration of this
14Section and procedural rules implementing this Section.
15Guidance documents prepared under this subsection shall not be
16considered rules and shall not be subject to the Illinois
17Administrative Procedure Act. Such guidance shall not be
18binding on any party.
19    (t) Except as otherwise prohibited by federal law or
20regulation, any person submitting an application for a permit
21may include with the application suggested permit language for
22Agency consideration. The Agency is not obligated to use the
23suggested language or any portion thereof in its permitting
24decision. If requested by the permit applicant, the Agency
25shall meet with the applicant to discuss the suggested
26language.

 

 

10100SB0009ham001- 56 -LRB101 06168 CPF 61004 a

1    (u) If requested by the permit applicant, the Agency shall
2provide the permit applicant with a copy of the draft permit
3prior to any public review period.
4    (v) If requested by the permit applicant, the Agency shall
5provide the permit applicant with a copy of the final permit
6prior to its issuance.
7    (w) An air pollution permit shall not be required due to
8emissions of greenhouse gases, as specified by Section 9.15 of
9this Act.
10    (x) If, before the expiration of a State operating permit
11that is issued pursuant to subsection (a) of this Section and
12contains federally enforceable conditions limiting the
13potential to emit of the source to a level below the major
14source threshold for that source so as to exclude the source
15from the Clean Air Act Permit Program, the Agency receives a
16complete application for the renewal of that permit, then all
17of the terms and conditions of the permit shall remain in
18effect until final administrative action has been taken on the
19application for the renewal of the permit.
20    (y) The Agency may issue permits exclusively under this
21subsection to persons owning or operating a CCR surface
22impoundment subject to Section 22.59.
23    All CCR surface impoundment permits shall contain those
24terms and conditions, including, but not limited to, schedules
25of compliance, which may be required to accomplish the purposes
26and provisions of this Act, Board regulations, the Illinois

 

 

10100SB0009ham001- 57 -LRB101 06168 CPF 61004 a

1Groundwater Protection Act and regulations pursuant thereto,
2and the Resource Conservation and Recovery Act and regulations
3pursuant thereto, and may include schedules for achieving
4compliance therewith as soon as possible.
5    The Board shall adopt filing requirements and procedures
6that are necessary and appropriate for the issuance of CCR
7surface impoundment permits and that are consistent with this
8Act or regulations adopted by the Board, and with the RCRA, as
9amended, and regulations pursuant thereto.
10    The applicant shall make available to the public for
11inspection all documents submitted by the applicant to the
12Agency in furtherance of an application, with the exception of
13trade secrets, on its public internet website as well as at the
14office of the county board or governing body of the
15municipality where CCR from the CCR surface impoundment will be
16permanently disposed. Such documents may be copied upon payment
17of the actual cost of reproduction during regular business
18hours of the local office.
19    The Agency shall issue a written statement concurrent with
20its grant or denial of the permit explaining the basis for its
21decision.
22(Source: P.A. 98-284, eff. 8-9-13; 99-396, eff. 8-18-15;
2399-463, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
24    (415 ILCS 5/40)  (from Ch. 111 1/2, par. 1040)
25    Sec. 40. Appeal of permit denial.

 

 

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1    (a)(1) If the Agency refuses to grant or grants with
2conditions a permit under Section 39 of this Act, the applicant
3may, within 35 days after the date on which the Agency served
4its decision on the applicant, petition for a hearing before
5the Board to contest the decision of the Agency. However, the
635-day period for petitioning for a hearing may be extended for
7an additional period of time not to exceed 90 days by written
8notice provided to the Board from the applicant and the Agency
9within the initial appeal period. The Board shall give 21 days'
10notice to any person in the county where is located the
11facility in issue who has requested notice of enforcement
12proceedings and to each member of the General Assembly in whose
13legislative district that installation or property is located;
14and shall publish that 21-day notice in a newspaper of general
15circulation in that county. The Agency shall appear as
16respondent in such hearing. At such hearing the rules
17prescribed in Section 32 and subsection (a) of Section 33 of
18this Act shall apply, and the burden of proof shall be on the
19petitioner. If, however, the Agency issues an NPDES permit that
20imposes limits which are based upon a criterion or denies a
21permit based upon application of a criterion, then the Agency
22shall have the burden of going forward with the basis for the
23derivation of those limits or criterion which were derived
24under the Board's rules.
25    (2) Except as provided in paragraph (a)(3), if there is no
26final action by the Board within 120 days after the date on

 

 

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1which it received the petition, the petitioner may deem the
2permit issued under this Act, provided, however, that that
3period of 120 days shall not run for any period of time, not to
4exceed 30 days, during which the Board is without sufficient
5membership to constitute the quorum required by subsection (a)
6of Section 5 of this Act, and provided further that such 120
7day period shall not be stayed for lack of quorum beyond 30
8days regardless of whether the lack of quorum exists at the
9beginning of such 120-day period or occurs during the running
10of such 120-day period.
11    (3) Paragraph (a)(2) shall not apply to any permit which is
12subject to subsection (b), (d) or (e) of Section 39. If there
13is no final action by the Board within 120 days after the date
14on which it received the petition, the petitioner shall be
15entitled to an Appellate Court order pursuant to subsection (d)
16of Section 41 of this Act.
17    (b) If the Agency grants a RCRA permit for a hazardous
18waste disposal site, a third party, other than the permit
19applicant or Agency, may, within 35 days after the date on
20which the Agency issued its decision, petition the Board for a
21hearing to contest the issuance of the permit. Unless the Board
22determines that such petition is duplicative or frivolous, or
23that the petitioner is so located as to not be affected by the
24permitted facility, the Board shall hear the petition in
25accordance with the terms of subsection (a) of this Section and
26its procedural rules governing denial appeals, such hearing to

 

 

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1be based exclusively on the record before the Agency. The
2burden of proof shall be on the petitioner. The Agency and the
3permit applicant shall be named co-respondents.
4    The provisions of this subsection do not apply to the
5granting of permits issued for the disposal or utilization of
6sludge from publicly-owned sewage works.
7    (c) Any party to an Agency proceeding conducted pursuant to
8Section 39.3 of this Act may petition as of right to the Board
9for review of the Agency's decision within 35 days from the
10date of issuance of the Agency's decision, provided that such
11appeal is not duplicative or frivolous. However, the 35-day
12period for petitioning for a hearing may be extended by the
13applicant for a period of time not to exceed 90 days by written
14notice provided to the Board from the applicant and the Agency
15within the initial appeal period. If another person with
16standing to appeal wishes to obtain an extension, there must be
17a written notice provided to the Board by that person, the
18Agency, and the applicant, within the initial appeal period.
19The decision of the Board shall be based exclusively on the
20record compiled in the Agency proceeding. In other respects the
21Board's review shall be conducted in accordance with subsection
22(a) of this Section and the Board's procedural rules governing
23permit denial appeals.
24    (d) In reviewing the denial or any condition of a NA NSR
25permit issued by the Agency pursuant to rules and regulations
26adopted under subsection (c) of Section 9.1 of this Act, the

 

 

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1decision of the Board shall be based exclusively on the record
2before the Agency including the record of the hearing, if any,
3unless the parties agree to supplement the record. The Board
4shall, if it finds the Agency is in error, make a final
5determination as to the substantive limitations of the permit
6including a final determination of Lowest Achievable Emission
7Rate.
8    (e)(1) If the Agency grants or denies a permit under
9subsection (b) of Section 39 of this Act, a third party, other
10than the permit applicant or Agency, may petition the Board
11within 35 days from the date of issuance of the Agency's
12decision, for a hearing to contest the decision of the Agency.
13    (2) A petitioner shall include the following within a
14petition submitted under subdivision (1) of this subsection:
15        (A) a demonstration that the petitioner raised the
16    issues contained within the petition during the public
17    notice period or during the public hearing on the NPDES
18    permit application, if a public hearing was held; and
19        (B) a demonstration that the petitioner is so situated
20    as to be affected by the permitted facility.
21    (3) If the Board determines that the petition is not
22duplicative or frivolous and contains a satisfactory
23demonstration under subdivision (2) of this subsection, the
24Board shall hear the petition (i) in accordance with the terms
25of subsection (a) of this Section and its procedural rules
26governing permit denial appeals and (ii) exclusively on the

 

 

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1basis of the record before the Agency. The burden of proof
2shall be on the petitioner. The Agency and permit applicant
3shall be named co-respondents.
4    (f) Any person who files a petition to contest the issuance
5of a permit by the Agency shall pay a filing fee.
6    (g) If the Agency grants or denies a permit under
7subsection (y) of Section 39, a third party, other than the
8permit applicant or Agency, may appeal the Agency's decision as
9provided under federal law for CCR surface impoundment permits.
10(Source: P.A. 99-463, eff. 1-1-16; 100-201, eff. 8-18-17.)
 
11    Section 10. The State Finance Act is amended by adding
12Section 5.891 as follows:
 
13    (30 ILCS 105/5.891 new)
14    Sec. 5.891. The Coal Combustion Residual Surface
15Impoundment Financial Assurance Fund.
 
16    Section 97. Severability. The provisions of this Act are
17severable under Section 1.31 of the Statute on Statutes.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".