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Sen. Bill Brady
Filed: 7/23/2004
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09300HB0911sam006 |
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LRB093 05422 RAS 52932 a |
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| AMENDMENT TO HOUSE BILL 911
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| AMENDMENT NO. ______. Amend House Bill 911, AS AMENDED, by |
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| replacing the introductory clause of Section 5 with the |
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| following:
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| "Section 5. The Environmental Protection Act is amended by |
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| changing Sections 10 and 21.1 and by adding Section 10.1 as |
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| follows:"; and
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| by inserting the following immediately before the effective |
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| date:
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| "(415 ILCS 5/21.1) (from Ch. 111 1/2, par. 1021.1)
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| Sec. 21.1. (a) Except as provided in subsection (a.5), no |
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| person other
than the State of Illinois, its agencies and |
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| institutions, or a unit of local
government shall conduct any |
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| waste disposal operation on or after March 1,
1985, which |
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| requires a permit under subsection (d) of Section 21 of this |
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| Act,
unless such person has posted with the Agency a |
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| performance bond or other
security for the purpose of insuring |
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| closure of the site and post-closure care
in accordance with |
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| this Act and regulations adopted thereunder.
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| (a.5) On and after the effective date established by the |
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| United
States Environmental Protection Agency for MSWLF units |
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| to provide financial
assurance under Subtitle D of the Resource |
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| Conservation and Recovery Act, no
person, other than
the State |
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LRB093 05422 RAS 52932 a |
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| of
Illinois, its agencies and institutions, shall conduct any |
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| disposal operation
at a MSWLF unit that requires a permit under |
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| subsection (d) of Section 21 of
this Act, unless that person |
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| has posted with the Agency a performance bond or
other security |
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| for the purposes of:
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| (1) insuring closure of the site and post-closure care |
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| in accordance with
this Act and its rules; and
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| (2) insuring completion of a corrective action remedy |
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| when required by
Board rules adopted under Section 22.40 of |
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| this Act or when required by
Section 22.41 of this Act.
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| The performance bond or other security requirement set |
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| forth in this
Section
may be fulfilled by closure or |
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| post-closure insurance, or both, issued by an
insurer
licensed |
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| to transact the business of insurance by the Department of |
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| Insurance
or at a minimum the insurer must be licensed to |
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| transact the business of
insurance or approved to provide |
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| insurance as an excess or surplus lines
insurer by the |
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| insurance department in one or more states.
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| (b) On or before January 1, 1985, the Board shall adopt |
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| regulations to
promote the purposes of this Section. Without |
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| limiting the generality of
this authority, such regulations |
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| may, among other things, prescribe the
type and amount of the |
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| performance bonds or other securities required under
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| subsections (a) and (a.5) of this Section, and the conditions |
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| under which the
State is entitled to collect monies from such |
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| performance bonds or other
securities. The bond amount shall be |
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| directly related to the design and volume
of the site. The cost |
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| estimate for the post-closure care of a MSWLF unit shall
be |
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| calculated using a 30 year post-closure care period or such |
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| other period as
may be approved by the Agency under Board or |
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| federal rules. On and after the
effective date established by |
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| the United States Environmental Protection Agency
for MSWLF |
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| units to provide financial assurance under Subtitle D of the |
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| Resource
Conservation and Recovery Act, closure,
post-closure |
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LRB093 05422 RAS 52932 a |
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| care, and corrective action cost estimates for MSWLF units |
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| shall
be in current dollars.
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| (c) There is hereby created within the State Treasury a |
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| special fund to
be known as the "Landfill Closure and |
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| Post-Closure Fund". Any monies forfeited
to the State of |
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| Illinois from any performance bond or other security required
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| under this Section shall be placed in the "Landfill Closure and |
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| Post-Closure
Fund" and shall, upon approval by the Governor and |
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| the Director, be used
by and under the direction of the Agency |
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| for the purposes for which such
performance bond or other |
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| security was issued. The Landfill Closure and
Post-Closure Fund |
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| is not subject to the provisions of subsection (c) of Section
5 |
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| of the State Finance Act.
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| (d) The Agency is authorized to enter into such contracts |
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| and agreements
as it may deem necessary to carry out the |
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| purposes of this Section. Neither
the State, nor the Director, |
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| nor any State employee shall be liable for
any damages or |
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| injuries arising out of or resulting from any action taken
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| under this Section.
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| (e) The Agency shall have the authority to approve or |
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| disapprove any
performance bond or other security posted |
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| pursuant to subsection (a) or
(a.5) of
this Section. Any person |
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| whose performance bond or other security is
disapproved by the |
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| Agency may contest the disapproval as a permit denial
appeal |
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| pursuant to Section 40 of this Act.
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| (f) The Agency may establish such procedures as it may deem |
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| necessary
for the purpose of implementing and executing its |
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| responsibilities under this
Section.
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| (g) Nothing in this Section shall bar a cause of action by |
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| the State for
any other penalty or relief provided by this Act |
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| or any other law. |
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| (h) The Agency must establish and maintain a program to |
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| monitor the status of any performance bond or other security |
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| required under this Section. If, for any reason, the Agency |
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LRB093 05422 RAS 52932 a |
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| deems that a bond or other security is insufficient to ensure |
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| the closure of a site and post-closure care
in accordance with |
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| this Act, the Agency must notify the operator of the |
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| insufficiency and require any additional security to ensure |
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| compliance with this Act. Any person who fails to obtain |
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| additional security within a reasonable time, as determined by |
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| the Agency, commits a violation of this Act. |
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| (i) If, upon or after the closure of a site, a performance |
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| bond or other security required under this Section is |
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| discovered to be insufficient to ensure the closure of a site |
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| and post-closure care
in accordance with this Act, the Agency |
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| shall use any unencumbered moneys in the Landfill Closure and |
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| Post-Closure Fund for the purpose of taking any action |
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| necessary to bring the closure and post-closure of the site |
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| into compliance with this Act. If no unencumbered moneys exist |
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| in the Fund, the Department shall request from the General |
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| Assembly an appropriation to the Fund to bring the closure and |
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| post-closure of the site into compliance with this Act.
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| (Source: P.A. 88-496; 88-512; 89-200, eff. 1-1-96.)".
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