HB4846 102ND GENERAL ASSEMBLY

LRB102 25362 SPS 34642 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4846

Introduced 1/27/2022, by Rep. Lawrence Walsh, Jr.

SYNOPSIS AS INTRODUCED:

225 ILCS 230/1004	from Ch. 111, par. 7854
225 ILCS 230/1005	from Ch. 111, par. 7855
225 ILCS 230/1006	from Ch. 111, par. 7856
225 ILCS 230/1007	from Ch. 111, par. 7857
225 ILCS 230/1009	from Ch. 111, par. 7859
225 ILCS 230/1010	from Ch. 111, par. 7860
225 ILCS 230/1011	from Ch. 111, par. 7861
225 ILCS 230/1012	from Ch. 111, par. 7862

Amends the Solid Waste Site Operator Certification Law. Creates a Solid Waste Site Operator Certification. Removes provisions concerning Class "A" and Class "B" Solid Waste Site Operator Certification. Provides that the Environmental Protection Agency is authorized to approve the use of examinations conducted by third parties. Provides that the Agency shall maintain on its website information regarding the examinations. Provides that at the time of certificate renewal, the applicant shall certify the completion of 30 hours of continuing education covering the operation of landfills during the preceding 3 years. Provides that the fee for the issuance or renewal of a Solid Waste Site Operator Certificate shall be $1,000. Provides that if the fee for renewal is not paid within the grace period, the fee for renewal shall be increased by $100 (rather than $50). Makes other changes.

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Solid Waste Site Operator Certification Law is amended by changing Sections 1004, 1005, 1006, 1007, 1009, 1010, 1011 and 1012 as follows:

(225 ILCS 230/1004) (from Ch. 111, par. 7854)

Sec. 1004. Prohibition. Beginning January 1, 1992, no person shall cause or allow the operation of a landfill permitted or required to be permitted by the Agency unless the landfill has on its operational staff at least one natural person certified as competent by the Agency under the provisions of this Act.

(a) For landfill sites which accept non-hazardous solid waste other than clean construction or demolition debris, the landfill shall have a Class A Solid Waste Site Operator certified by the Agency who is responsible for directing landfill operations or supervising other operational staff in performing landfill operations.

(b) For landfill sites which accept only clean construction or demolition debris, the landfill shall have a Class A or B Solid Waste Site Operator certified by the Agency who is responsible for directing landfill operations or supervising other operational staff in performing landfill operations.

(c) For landfill sites which accept special waste, the landfill shall have a Class A Solid Waste Site Operator certified by the Agency who has received a certification endorsement for the acceptance of special waste and who is responsible for directing landfill operations or supervising other operational staff in performing landfill operations.

(Source: P.A. 86-1363.)

(225 ILCS 230/1005) (from Ch. 111, par. 7855)

Sec. 1005. Agency authority. The Agency is authorized to exercise the following functions, powers and duties with respect to solid waste site operator certification:

(a) To conduct examinations, and to approve the use of examinations conducted by third parties, to ascertain the qualifications of applicants for certificates of competency as solid waste site operators;

(b) To conduct courses of training on the practical aspects of the design, operation and maintenance of sanitary landfills;

(c) To issue a certificate to any applicant who has satisfactorily met all the requirements pertaining to a certificate of competency as a solid waste site operator;

(d) To suspend, revoke or refuse to issue any certificate for any one or any combination of the following causes:

(1) The practice of any fraud or deceit in obtaining or attempting to obtain a certificate of competency;

(2) Negligence or misconduct in the operation of a sanitary landfill;

(3) Repeated failure to comply with any of the requirements applicable to the operation of a sanitary landfill, except for Board requirements applicable to the collection of litter;

(4) Repeated violations of federal, State or local laws, regulations, standards, or ordinances regarding the operation of refuse disposal facilities or sites;

(5) For a holder of a certificate, conviction in this or another State of any crime which is a felony under the laws of this State or conviction of a felony in a federal court; for an applicant, consideration of such conviction shall be in accordance with Section 1005-1;

(6) Proof of gross carelessness or incompetence in handling, storing, processing, transporting, or disposing of any hazardous waste; or

(7) Being declared to be a person under a legal disability by a court of competent jurisdiction and not thereafter having been lawfully declared to be a person not under legal disability or to have recovered.

(e) To adopt rules necessary to perform its functions, powers, and duties with respect to solid waste site operator certifications.

(Source: P.A. 100-286, eff. 1-1-18.)

(225 ILCS 230/1006) (from Ch. 111, par. 7856)

Sec. 1006. Certification classifications. Solid Waste Site Operator certifications Operators shall be issued to those persons who in accordance with the provisions of this Section demonstrate a practical working knowledge of the design, operation, and maintenance of sanitary landfills in the following areas: certified in accordance with the following classifications:

(a) Class "A" Solid Waste Site Operator certificates shall be issued to those persons who in accordance with the provisions of this Section demonstrate a practical working knowledge of the design, operation, and maintenance of sanitary landfills in the following areas:

(1) unloading, spreading, and compacting of waste, litter collection, and vector abatement;

(2) traffic control of vehicles delivering waste;

(3) application, maintenance, and inspection of cover and cover requirements under Board rules and Agency permits;

(4) fire control, on-site personnel safety requirements, and contingency plan implementation;

(5) leachate control operation, leachate management, and landfill gas management;

(6) identification of classes of waste;

(7) causes for revocation or suspension of certificates;

(8) reporting and recordkeeping required by Board and Agency regulations and Agency permits;

(9) financial assurance and groundwater monitoring requirements;

(10) development and implementation of contingency plans, closure plans, post closure plans, and corrective action; and

(11) requirements for payment of fees; and .

(12) requirements applicable to the acceptance, handling, and disposal of special waste.

(b) Class "B" Solid Waste Operator Certificates shall be issued to those persons who demonstrate a practical working knowledge of the design, operation, and maintenance of landfill sites accepting only clean construction or demolition debris in the following areas:

(1) unloading and spreading of waste;

(2) traffic control of vehicles delivering waste;

(3) application, maintenance, and inspection of cover and cover requirement under Board rules and Agency permits;

(4) fire control, on-site personnel safety segments and contingency plan implementation;

(5) leachate control operation and leachate management;

(6) identification of classes of waste;

(7) causes for revocation or suspension of certificates;

(8) reporting and recordkeeping required by Board and Agency regulations and Agency permits;

(9) financial assurance and groundwater requirements; and

(10) development and implementation of contingency plans, closure plans, post closure plans, and corrective action.

(c) Special waste certificate endorsements shall be issued to those persons who are certified as Class A Solid Waste Site Operators in accordance with the provisions of this Section, and who demonstrate a practical working knowledge of the design, operation, and maintenance of sanitary landfills relative to the acceptance and disposal of special wastes.

(Source: P.A. 86-1363.)

(225 ILCS 230/1007) (from Ch. 111, par. 7857)

Sec. 1007. Qualifications. Every solid waste site operator certified by the Agency shall be capable of performing his duties without endangering the public health or the environment and without violating the requirements applicable to operation of sanitary landfills; shall be able to read and write English; shall produce evidence acceptable to the Agency as to his ability to maintain and operate properly the structures and equipment entrusted to his care; and shall satisfactorily demonstrate to the Agency a practical working knowledge of the design, operation, and maintenance of sanitary landfills, appropriate to the classification for which certification is sought. In addition, persons shall be certified as Class "A" or Class "B" based on level of competency determined by examination and in accordance with including demonstrating having achieved the educational and experience levels as follows:

(a) Class "A" Certificates.

(1) Graduation from high school or equivalent and not less than 2 years of acceptable study, training, and responsible experience in sanitary landfill operation or management, or not less than 7 years of acceptable study training and responsible experience in operation or management of earth moving equipment; or

(2) Grammar school completion or equivalent and not less than 15 years of acceptable study, training, and responsible experience in sanitary landfill operation or management.

(b) Class "B" Certificates.

(1) Graduation from high school or equivalent and not less than 6 months of acceptable study, training, and responsible experience in sanitary landfill operation or management, or not less than 3 years of acceptable study training and responsible experience in operation or management of earth moving equipment; or

(2) Grammar school completion or equivalent and not less than 5 years of acceptable study, training, and responsible experience in sanitary landfill operation or management.

(Source: P.A. 86-1363.)

(225 ILCS 230/1009) (from Ch. 111, par. 7859)

Sec. 1009. Examinations.

(a) Applicants shall undergo examinations Examinations provided or approved by the Agency shall be given to applicants for the purpose of determining if the applicants can demonstrate a practical working knowledge of the design, operation, and maintenance of sanitary landfills appropriate to the classification for which certification is sought. No certificate shall be issued prior to successful completion of the applicable examination.

(b) Examinations shall be conducted or approved by the Agency, and shall be held not less frequently than annually. The Agency shall maintain on its website information regarding the examinations , at times and places prescribed by the Agency, of which applicants shall be notified in writing.

(Source: P.A. 86-1363.)

(225 ILCS 230/1010) (from Ch. 111, par. 7860)

Sec. 1010. Certificates.

(a) The Solid Waste Site Operator Certificate shall certify the competency of the applicant within the class of the certificate issued, and shall show the full name of the applicant, have an identifying number, and be signed by the Director.

(b) Certificates shall be issued for a period of 3 years, with the expiration date being 3 years from the first day of October of the calendar year in which the certificate is issued.

(c) Every 3 years, on or before the October 1 expiration, a certified solid waste site operator shall renew his certificate of competency and pay the required renewal fee. A grace period for renewal will be granted until November 1 of that year before the reinstatement penalty is assessed.

(d) At the time of certificate renewal, the applicant shall certify the completion of 30 hours of continuing education covering the operation of landfills during the preceding 3 years demonstrate competency in the same manner as a new applicant.

(Source: P.A. 86-1363.)

(225 ILCS 230/1011) (from Ch. 111, par. 7861)

Sec. 1011. Fees.

(a) The fee Fees for the issuance or renewal of a Solid Waste Site Operator Certificate shall be $1,000. If the fee for renewal is not paid within the grace period, the fee for renewal shall be increased by $100. as follows:

(1)(A) $400 for issuance or renewal for Class A Solid Waste Site Operators; (B) $200 for issuance or renewal for Class B Solid Waste Site Operators; and (C) $100 for issuance or renewal for special waste endorsements.

(2) If the fee for renewal is not paid within the grace period the above fees for renewal shall each be increased by $ 50.

(b) Before the effective date of this amendatory Act of the 98th General Assembly, all fees collected by the Agency under this Section shall be deposited into the Hazardous Waste Occupational Licensing Fund. The Agency is authorized to use monies in the Hazardous Waste Occupational Licensing Fund to perform its functions, powers, and duties under this Section.

(b) All On and after the effective date of this amendatory Act of the 98th General Assembly, all fees collected by the Agency under this Section shall be deposited into the Environmental Protection Permit and Inspection Fund to be used in accordance with the provisions of subsection (a) of Section 22.8 of the Environmental Protection Act.

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

(225 ILCS 230/1012) (from Ch. 111, par. 7862)

Sec. 1012. Administrative review.

(a) Before suspending, revoking, or refusing to issue a certificate or endorsement issued under this Act, the Agency shall provide the certificate holder or applicant an opportunity for hearing.

(b)(1) All final administrative decisions of the Agency hereunder shall be subject to judicial review pursuant to the provisions of the Administrative Review Law and the rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

(2) Such proceedings for judicial review shall be commenced in the circuit court for Sangamon County. The venue shall be in Sangamon County.

(3) The Agency shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court with the complaint a receipt from the Agency acknowledging payment of the costs of furnishing and certifying the record which costs shall be computed at the rate of 20 cents per page of such record. Exhibits shall be certified without cost. Failure on the part of the Plaintiff to file such receipt in court shall be grounds for dismissal of actions.

(Source: P.A. 86-1363.)