SB0431 Enrolled LRB094 09305 RSP 39545 b

1     AN ACT concerning safety.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 10. The Environmental Protection Act is amended by
5 changing Sections 3.160, 21.3, 22.44, 34, 39, 42, and 58.8 and
6 by adding Sections 22.15a, 22.50, 22.51, and 22.52 as follows:
 
7     (415 ILCS 5/3.160)  (was 415 ILCS 5/3.78 and 3.78a)
8     Sec. 3.160. Construction or demolition debris.
9     (a) General construction or demolition debris" means
10 non-hazardous, uncontaminated materials resulting from the
11 construction, remodeling, repair, and demolition of utilities,
12 structures, and roads, limited to the following: bricks,
13 concrete, and other masonry materials; soil; rock; wood,
14 including non-hazardous painted, treated, and coated wood and
15 wood products; wall coverings; plaster; drywall; plumbing
16 fixtures; non-asbestos insulation; roofing shingles and other
17 roof coverings; reclaimed asphalt pavement; glass; plastics
18 that are not sealed in a manner that conceals waste; electrical
19 wiring and components containing no hazardous substances; and
20 piping or metals incidental to any of those materials.
21     General construction or demolition debris does not include
22 uncontaminated soil generated during construction, remodeling,
23 repair, and demolition of utilities, structures, and roads
24 provided the uncontaminated soil is not commingled with any
25 general construction or demolition debris or other waste.
26     To the extent allowed by federal law, uncontaminated
27 concrete with protruding rebar shall be considered clean
28 construction or demolition debris and shall not be considered
29 "waste" if it is separated or processed and returned to the
30 economic mainstream in the form of raw materials or products
31 within 4 years of its generation, if it is not speculatively
32 accumulated and, if used as a fill material, it is used in

 

 

SB0431 Enrolled - 2 - LRB094 09305 RSP 39545 b

1 accordance with item (i) in subsection (b) of this Section
2 within 30 days of its generation.
3     (b) "Clean construction or demolition debris" means
4 uncontaminated broken concrete without protruding metal bars,
5 bricks, rock, stone, reclaimed asphalt pavement, or soil
6 generated from construction or demolition activities.
7     Clean construction or demolition debris does not include
8 uncontaminated soil generated during construction, remodeling,
9 repair, and demolition of utilities, structures, and roads
10 provided the uncontaminated soil is not commingled with any
11 clean construction or demolition debris or other waste.
12     To the extent allowed by federal law, clean construction or
13 demolition debris shall not be considered "waste" if it is (i)
14 used as fill material outside of a setback zone if the fill is
15 placed no higher than the highest point of elevation existing
16 prior to the filling immediately adjacent to the fill area, and
17 if covered by sufficient uncontaminated soil to support
18 vegetation within 30 days of the completion of filling or if
19 covered by a road or structure, or (ii) separated or processed
20 and returned to the economic mainstream in the form of raw
21 materials or products, if it is not speculatively accumulated
22 and, if used as a fill material, it is used in accordance with
23 item (i) within 30 days of its generation, or (iii) solely
24 broken concrete without protruding metal bars used for erosion
25 control, or (iv) generated from the construction or demolition
26 of a building, road, or other structure and used to construct,
27 on the site where the construction or demolition has taken
28 place, a manmade functional structure not to exceed 20 feet
29 above the highest point of elevation of the property
30 immediately adjacent to the new manmade functional structure as
31 that elevation existed prior to the creation of that new
32 structure, provided that the structure shall be covered with
33 sufficient soil materials to sustain vegetation or by a road or
34 structure, and further provided that no such structure shall be
35 constructed within a home rule municipality with a population
36 over 500,000 without the consent of the municipality.

 

 

SB0431 Enrolled - 3 - LRB094 09305 RSP 39545 b

1 (Source: P.A. 92-574, eff. 6-26-02; 93-179, eff. 7-11-03.)
 
2     (415 ILCS 5/21.3)  (from Ch. 111 1/2, par. 1021.3)
3     Sec. 21.3. Environmental reclamation lien.
4     (a) All costs and damages for which a person is liable to
5 the State of Illinois under Section 22.2, 22.15a, 55.3, or
6 57.12 and Section 22.18 shall constitute an environmental
7 reclamation lien in favor of the State of Illinois upon all
8 real property and rights to such property which:
9         (1) belong to such person; and
10         (2) are subject to or affected by a removal or remedial
11     action under Section 22.2 or investigation, preventive
12     action, corrective action, or enforcement action under
13     Section 22.15a, 55.3, or 57.12 22.18.
14     (b) An environmental reclamation lien shall continue until
15 the liability for the costs and damages, or a judgment against
16 the person arising out of such liability, is satisfied.
17     (c) An environmental reclamation lien shall be effective
18 upon the filing by the Agency of a Notice of Environmental
19 Reclamation Lien with the recorder or the registrar of titles
20 of the county in which the real property lies. The Agency shall
21 not file an environmental reclamation lien, and no such lien
22 shall be valid, unless the Agency has sent notice pursuant to
23 subsection (q) of Section 4, subsection (c) of Section 22.15a,
24 subsection (d) of Section 55.3, or subsection (c) of Section
25 57.12 of this Act to owners of the real property. Nothing in
26 this Section shall be construed to give the Agency's lien a
27 preference over the rights of any bona fide purchaser or
28 mortgagee or other lienholder (not including the United States
29 when holding an unfiled lien) arising prior to the filing of a
30 notice of environmental reclamation lien in the office of the
31 recorder or registrar of titles of the county in which the
32 property subject to the lien is located. For purposes of this
33 Section, the term "bona fide" shall not include any mortgage of
34 real or personal property or any other credit transaction that
35 results in the mortgagee or the holder of the security acting

 

 

SB0431 Enrolled - 4 - LRB094 09305 RSP 39545 b

1 as trustee for unsecured creditors of the liable person
2 mentioned in the notice of lien who executed such chattel or
3 real property mortgage or the document evidencing such credit
4 transaction. Such lien shall be inferior to the lien of general
5 taxes, special assessments and special taxes heretofore or
6 hereafter levied by any political subdivision of this State.
7     (d) The environmental reclamation lien shall not exceed the
8 amount of expenditures as itemized on the Affidavit of
9 Expenditures attached to and filed with the Notice of
10 Environmental Reclamation Lien. The Affidavit of Expenditures
11 may be amended if additional costs or damages are incurred.
12     (e) Upon filing of the Notice of Environmental Reclamation
13 Lien a copy with attachments shall be served upon the owners of
14 the real property. Notice of such service shall be served on
15 all lienholders of record as of the date of filing.
16     (f) (Blank) Within 60 days after initiating response or
17 remedial action at the site under Section 22.2 or 22.18, the
18 Agency shall file a Notice of Response Action in Progress. The
19 Notice shall be filed with the recorder or registrar of titles
20 of the county in which the real property lies.
21     (g) In addition to any other remedy provided by the laws of
22 this State, the Agency may foreclose in the circuit court an
23 environmental reclamation lien on real property for any costs
24 or damages imposed under Section 22.2, 22.15a, 55.3, or 57.12
25 or Section 22.18 to the same extent and in the same manner as
26 in the enforcement of other liens. The process, practice and
27 procedure for such foreclosure shall be the same as provided in
28 Article XV of the Code of Civil Procedure. Nothing in this
29 Section shall affect the right of the State of Illinois to
30 bring an action against any person to recover all costs and
31 damages for which such person is liable under Section 22.2,
32 22.15a, 55.3, or 57.12 or Section 22.18.
33     (h) Any liability to the State under Section 22.2, 22.15a,
34 55.3, or 57.12 or Section 22.18 shall constitute a debt to the
35 State. Interest on such debt shall begin to accrue at a rate of
36 12% per annum from the date of the filing of the Notice of

 

 

SB0431 Enrolled - 5 - LRB094 09305 RSP 39545 b

1 Environmental Reclamation Lien under paragraph (c). Accrued
2 interest shall be included as a cost incurred by the State of
3 Illinois under Section 22.2, 22.15a, 55.3, or 57.12 or Section
4 22.18.
5     (i) "Environmental reclamation lien" means a lien
6 established under this Section.
7 (Source: P.A. 92-574, eff. 6-26-02.)
 
8     (415 ILCS 5/22.15a new)
9     Sec. 22.15a. Open dumping cleanup program.
10     (a) Upon making a finding that open dumping poses a threat
11 to the public health or to the environment, the Agency may take
12 whatever preventive or corrective action is necessary or
13 appropriate to end that threat. This preventive or corrective
14 action may consist of any or all of the following:
15         (1) Removing waste from the site.
16         (2) Removing soil and water contamination that is
17     related to waste at the site.
18         (3) Installing devices to monitor and control
19     groundwater and surface water contamination that is
20     related to waste at the site.
21         (4) Taking any other actions that are authorized by
22     Board regulations.
23     (b) Subject to the availability of appropriated funds, the
24 Agency may undertake a consensual removal action for the
25 removal of up to 20 cubic yards of waste at no cost to the owner
26 of property where open dumping has occurred in accordance with
27 the following requirements:
28         (1) Actions under this subsection must be taken
29     pursuant to a written agreement between the Agency and the
30     owner of the property.
31         (2) The written agreement must at a minimum specify:
32             (A) that the owner relinquishes any claim of an
33         ownership interest in any waste that is removed and in
34         any proceeds from its sale;
35             (B) that waste will no longer be allowed to

 

 

SB0431 Enrolled - 6 - LRB094 09305 RSP 39545 b

1         accumulate at the site in a manner that constitutes
2         open dumping;
3             (C) that the owner will hold harmless the Agency
4         and any employee or contractor used by the Agency to
5         effect the removal for any damage to property incurred
6         during the course of action under this subsection,
7         except for damage incurred by gross negligence or
8         intentional misconduct; and
9             (D) any conditions imposed upon or assistance
10         required from the owner to assure that the waste is so
11         located or arranged as to facilitate its removal.
12         (3) The Agency may establish by rule the conditions and
13     priorities for the removal of waste under this subsection
14     (b).
15         (4) The Agency must prescribe the form of written
16     agreements under this subsection (b).
17     (c) The Agency may provide notice to the owner of property
18 where open dumping has occurred whenever the Agency finds that
19 open dumping poses a threat to public health or the
20 environment. The notice provided by the Agency must include the
21 identified preventive or corrective action and must provide an
22 opportunity for the owner to perform the action.
23     (d) In accordance with constitutional limitations, the
24 Agency may enter, at all reasonable times, upon any private or
25 public property for the purpose of taking any preventive or
26 corrective action that is necessary and appropriate under this
27 Section whenever the Agency finds that open dumping poses a
28 threat to the public health or to the environment.
29     (e) Notwithstanding any other provision or rule of law and
30 subject only to the defenses set forth in subsection (g) of
31 this Section, the following persons shall be liable for all
32 costs of corrective or preventive action incurred by the State
33 of Illinois as a result of open dumping, including the
34 reasonable costs of collection:
35         (1) any person with an ownership interest in property
36     where open dumping has occurred;

 

 

SB0431 Enrolled - 7 - LRB094 09305 RSP 39545 b

1         (2) any person with an ownership or leasehold interest
2     in the property at the time the open dumping occurred;
3         (3) any person who transported waste that was open
4     dumped at the property; and
5         (4) any person who open dumped at the property.
6     Any moneys received by the Agency under this subsection (e)
7 must be deposited into the Subtitle D Management Fund.
8     (f) Any person liable to the Agency for costs incurred
9 under subsection (e) of this Section may be liable to the State
10 of Illinois for punitive damages in an amount at least equal to
11 and not more than 3 times the costs incurred by the State if
12 that person failed, without sufficient cause, to take
13 preventive or corrective action under the notice issued under
14 subsection (c) of this Section.
15     (g) There shall be no liability under subsection (e) of
16 this Section for a person otherwise liable who can establish by
17 a preponderance of the evidence that the hazard created by the
18 open dumping was caused solely by:
19         (1) an act of God;
20         (2) an act of war; or
21         (3) an act or omission of a third party other than an
22     employee or agent and other than a person whose act or
23     omission occurs in connection with a contractual
24     relationship with the person otherwise liable. For the
25     purposes of this paragraph, "contractual relationship"
26     includes, but is not limited to, land contracts, deeds, and
27     other instruments transferring title or possession, unless
28     the real property upon which the open dumping occurred was
29     acquired by the defendant after the open dumping occurred
30     and one or more of the following circumstances is also
31     established by a preponderance of the evidence:
32             (A) at the time the defendant acquired the
33         property, the defendant did not know and had no reason
34         to know that any open dumping had occurred and the
35         defendant undertook, at the time of acquisition, all
36         appropriate inquiries into the previous ownership and

 

 

SB0431 Enrolled - 8 - LRB094 09305 RSP 39545 b

1         uses of the property consistent with good commercial or
2         customary practice in an effort to minimize liability;
3             (B) the defendant is a government entity that
4         acquired the property by escheat or through any other
5         involuntary transfer or acquisition, or through the
6         exercise of eminent domain authority by purchase or
7         condemnation; or
8             (C) the defendant acquired the property by
9         inheritance or bequest.
10     (h) Nothing in this Section shall affect or modify the
11 obligations or liability of any person under any other
12 provision of this Act, federal law, or State law, including the
13 common law, for injuries, damages, or losses resulting from the
14 circumstances leading to Agency action under this Section.
15     (i) The costs and damages provided for in this Section may
16 be imposed by the Board in an action brought before the Board
17 in accordance with Title VIII of this Act, except that
18 subsection (c) of Section 33 of this Act shall not apply to any
19 such action.
20     (j) Except for willful and wanton misconduct, neither the
21 State, the Director, nor any State employee shall be liable for
22 any damages or injuries arising out of or resulting from any
23 act or omission occurring under the provisions of this
24 amendatory Act of the 94th General Assembly.
25     (k) Before taking preventive or corrective action under
26 this Section, the Agency shall consider whether the open
27 dumping:
28         (1) occurred on public land;
29         (2) occurred on a public right-of-way;
30         (3) occurred in a park or natural area;
31         (4) occurred in an environmental justice area;
32         (5) was caused or allowed by persons other than the
33     owner of the site;
34         (6) creates the potential for groundwater
35     contamination;
36         (7) creates the potential for surface water

 

 

SB0431 Enrolled - 9 - LRB094 09305 RSP 39545 b

1     contamination;
2         (8) creates the potential for disease vectors;
3         (9) creates a fire hazard; or
4         (10) preventive or corrective action by the Agency has
5     been requested by a unit of local government.
6 In taking preventive or corrective action under this Section,
7 the Agency shall not expend more than $50,000 at any single
8 site in response to open dumping unless: (i) the Director
9 determines that the open dumping poses an imminent and
10 substantial endangerment to the public health or welfare or the
11 environment; or (ii) the General Assembly appropriates more
12 than $50,000 for preventive or corrective action in response to
13 the open dumping, in which case the Agency may spend the
14 appropriated amount.
 
15     (415 ILCS 5/22.44)
16     Sec. 22.44. Subtitle D management fees.
17     (a) There is created within the State treasury a special
18 fund to be known as the "Subtitle D Management Fund"
19 constituted from the fees collected by the State under this
20 Section.
21     (b) The Agency shall assess and collect a fee in the amount
22 set forth in this subsection from the owner or operator of each
23 sanitary landfill permitted or required to be permitted by the
24 Agency to dispose of solid waste if the sanitary landfill is
25 located off the site where the waste was produced and if the
26 sanitary landfill is owned, controlled, and operated by a
27 person other than the generator of the waste. The Agency shall
28 deposit all fees collected under this subsection into the
29 Subtitle D Management Fund. If a site is contiguous to one or
30 more landfills owned or operated by the same person, the
31 volumes permanently disposed of by each landfill shall be
32 combined for purposes of determining the fee under this
33 subsection.
34         (1) If more than 150,000 cubic yards of non-hazardous
35     solid waste is permanently disposed of at a site in a

 

 

SB0431 Enrolled - 10 - LRB094 09305 RSP 39545 b

1     calendar year, the owner or operator shall either pay a fee
2     of 10.1 cents per cubic yard or, alternatively, the owner
3     or operator may weigh the quantity of the solid waste
4     permanently disposed of with a device for which
5     certification has been obtained under the Weights and
6     Measures Act and pay a fee of 22 cents per ton of waste
7     permanently disposed of.
8         (2) If more than 100,000 cubic yards, but not more than
9     150,000 cubic yards, of non-hazardous waste is permanently
10     disposed of at a site in a calendar year, the owner or
11     operator shall pay a fee of $7,020.
12         (3) If more than 50,000 cubic yards, but not more than
13     100,000 cubic yards, of non-hazardous solid waste is
14     permanently disposed of at a site in a calendar year, the
15     owner or operator shall pay a fee of $3,120.
16         (4) If more than 10,000 cubic yards, but not more than
17     50,000 cubic yards, of non-hazardous solid waste is
18     permanently disposed of at a site in a calendar year, the
19     owner or operator shall pay a fee of $975.
20         (5) If not more than 10,000 cubic yards of
21     non-hazardous solid waste is permanently disposed of at a
22     site in a calendar year, the owner or operator shall pay a
23     fee of $210.
24     (c) The fee under subsection (b) shall not apply to any of
25 the following:
26         (1) Hazardous waste.
27         (2) Pollution control waste.
28         (3) Waste from recycling, reclamation, or reuse
29     processes that have been approved by the Agency as being
30     designed to remove any contaminant from wastes so as to
31     render the wastes reusable, provided that the process
32     renders at least 50% of the waste reusable.
33         (4) Non-hazardous solid waste that is received at a
34     sanitary landfill and composted or recycled through a
35     process permitted by the Agency.
36         (5) Any landfill that is permitted by the Agency to

 

 

SB0431 Enrolled - 11 - LRB094 09305 RSP 39545 b

1     receive only demolition or construction debris or
2     landscape waste.
3     (d) The Agency shall establish rules relating to the
4 collection of the fees authorized by this Section. These rules
5 shall include, but not be limited to the following:
6         (1) Necessary records identifying the quantities of
7     solid waste received or disposed.
8         (2) The form and submission of reports to accompany the
9     payment of fees to the Agency.
10         (3) The time and manner of payment of fees to the
11     Agency, which payments shall not be more often than
12     quarterly.
13         (4) Procedures setting forth criteria establishing
14     when an owner or operator may measure by weight or volume
15     during any given quarter or other fee payment period.
16     (e) Fees collected under this Section shall be in addition
17 to any other fees collected under any other Section.
18     (f) The Agency shall not refund any fee paid to it under
19 this Section.
20     (g) Pursuant to appropriation, all moneys in the Subtitle D
21 Management Fund shall be used by the Agency to administer the
22 United States Environmental Protection Agency's Subtitle D
23 Program provided in Sections 4004 and 4010 of the Resource
24 Conservation and Recovery Act of 1976 (P.L. 94-580) as it
25 relates to a municipal solid waste landfill program in Illinois
26 and to fund a delegation of inspecting, investigating, and
27 enforcement functions, within the municipality only, pursuant
28 to subsection (r) of Section 4 of this Act to a municipality
29 having a population of more than 1,000,000 inhabitants. The
30 Agency shall execute a delegation agreement pursuant to
31 subsection (r) of Section 4 of this Act with a municipality
32 having a population of more than 1,000,000 inhabitants within
33 90 days of September 13, 1993 and shall on an annual basis
34 distribute from the Subtitle D Management Fund to that
35 municipality no less than $150,000. Pursuant to appropriation,
36 moneys in the Subtitle D Management Fund may also be used by

 

 

SB0431 Enrolled - 12 - LRB094 09305 RSP 39545 b

1 the Agency for activities conducted under Section 22.15a of
2 this Act.
3 (Source: P.A. 92-574, eff. 6-26-02; 93-32, eff. 7-1-03.)
 
4     (415 ILCS 5/22.50 new)
5     Sec. 22.50. Compliance with land use limitations. No
6 person shall use, or cause or allow the use of, any site for
7 which a land use limitation has been imposed under this Act in
8 a manner inconsistent with the land use limitation unless
9 further investigation or remedial action has been conducted
10 that documents the attainment of remedial objectives
11 appropriate for the new land use and a new closure letter has
12 been obtained from the Agency and recorded in the chain of
13 title for the site. For the purpose of this Section, the term
14 "land use limitation" shall include, but shall not be limited
15 to, institutional controls and engineered barriers imposed
16 under this Act and the regulations adopted under this Act. For
17 the purposes of this Section, the term "closure letter" shall
18 include, but shall not be limited to, No Further Remediation
19 Letters issued under Titles XVI and XVII of this Act and the
20 regulations adopted under those Titles.
 
21     (415 ILCS 5/22.51 new)
22     Sec. 22.51. Clean Construction or Demolition Debris Fill
23 Operations.
24     (a) No person shall conduct any clean construction or
25 demolition debris fill operation in violation of this Act or
26 any regulations or standards adopted by the Board.
27     (b)(1)(A) Beginning 30 days after the effective date of
28 this amendatory Act of the 94th General Assembly but prior to
29 July 1, 2008, no person shall use clean construction or
30 demolition debris as fill material in a current or former
31 quarry, mine, or other excavation, unless they have applied for
32 an interim authorization from the Agency for the clean
33 construction or demolition debris fill operation.
34     (B) The Agency shall approve an interim authorization upon

 

 

SB0431 Enrolled - 13 - LRB094 09305 RSP 39545 b

1 its receipt of a written application for the interim
2 authorization that is signed by the site owner and the site
3 operator, or their duly authorized agent, and that contains the
4 following information: (i) the location of the site where the
5 clean construction or demolition debris fill operation is
6 taking place, (ii) the name and address of the site owner,
7 (iii) the name and address of the site operator, and (iv) the
8 types and amounts of clean construction or demolition debris
9 being used as fill material at the site.
10     (C) The Agency may deny an interim authorization if the
11 site owner or the site operator, or their duly authorized
12 agent, fails to provide to the Agency the information listed in
13 subsection (b)(1)(B) of this Section. Any denial of an interim
14 authorization shall be subject to appeal to the Board in
15 accordance with the procedures of Section 40 of this Act.
16     (D) No person shall use clean construction or demolition
17 debris as fill material in a current or former quarry, mine, or
18 other excavation for which the Agency has denied interim
19 authorization under subsection (b)(1)(C) of this Section. The
20 Board may stay the prohibition of this subsection (D) during
21 the pendency of an appeal of the Agency's denial of the interim
22 authorization brought under subsection (b)(1)(C) of this
23 Section.
24     (2) Beginning September 1, 2006, owners and operators of
25 clean construction or demolition debris fill operations shall,
26 in accordance with a schedule prescribed by the Agency, submit
27 to the Agency applications for the permits required under this
28 Section. The Agency shall notify owners and operators in
29 writing of the due date for their permit application. The due
30 date shall be no less than 90 days after the date of the
31 Agency's written notification. Owners and operators who do not
32 receive a written notification from the Agency by October 1,
33 2007, shall submit a permit application to the Agency by
34 January 1, 2008. The interim authorization of owners and
35 operators who fail to submit a permit application to the Agency
36 by the permit application's due date shall terminate on (i) the

 

 

SB0431 Enrolled - 14 - LRB094 09305 RSP 39545 b

1 due date established by the Agency if the owner or operator
2 received a written notification from the Agency prior to
3 October 1, 2007, or (ii) or January 1, 2008, if the owner or
4 operator did not receive a written notification from the Agency
5 by October 1, 2007.
6     (3) On and after July 1, 2008, no person shall use clean
7 construction or demolition debris as fill material in a current
8 or former quarry, mine, or other excavation without a permit
9 granted by the Agency for the clean construction or demolition
10 debris fill operation or in violation of any conditions imposed
11 by such permit, including periodic reports and full access to
12 adequate records and the inspection of facilities, as may be
13 necessary to assure compliance with this Act and with Board
14 regulations and standards adopted under this Act.
15     (4) This subsection (b) does not apply to:
16         (A) the use of clean construction or demolition debris
17     as fill material in a current or former quarry, mine, or
18     other excavation located on the site where the clean
19     construction or demolition debris was generated; or
20         (B) the use of clean construction or demolition debris
21     as fill material in an excavation other than a current or
22     former quarry or mine if this use complies with Illinois
23     Department of Transportation specifications.
24     (c) In accordance with Title VII of this Act, the Board may
25 adopt regulations to promote the purposes of this Section. The
26 Agency shall consult with the mining and construction
27 industries during the development of any regulations to promote
28 the purposes of this Section.
29         (1) No later than December 15, 2005, the Agency shall
30     propose to the Board, and no later than September 1, 2006,
31     the Board shall adopt, regulations for the use of clean
32     construction or demolition debris as fill material in
33     current and former quarries, mines, and other excavations.
34     Such regulations shall include, but shall not be limited
35     to, standards for clean construction or demolition debris
36     fill operations and the submission and review of permits

 

 

SB0431 Enrolled - 15 - LRB094 09305 RSP 39545 b

1     required under this Section.
2         (2) Until the Board adopts rules under subsection
3     (c)(1) of this Section, all persons using clean
4     construction or demolition debris as fill material in a
5     current or former quarry, mine, or other excavation shall:
6             (A) Assure that only clean construction or
7         demolition debris is being used as fill material by
8         screening each truckload of material received using a
9         device approved by the Agency that detects volatile
10         organic compounds. Such devices may include, but are
11         not limited to, photo ionization detectors. All
12         screening devices shall be operated and maintained in
13         accordance with manufacturer's specifications.
14         Unacceptable fill material shall be rejected from the
15         site; and
16             (B) Retain for a minimum of 3 years the following
17         information:
18                 (i) The name of the hauler, the name of the
19             generator, and place of origin of the debris or
20             soil;
21                 (ii) The approximate weight or volume of the
22             debris or soil; and
23                 (iii) The date the debris or soil was received.
24     (d) This Section applies only to clean construction or
25 demolition debris that is not considered "waste" as provided in
26 Section 3.160 of this Act.
 
27     (415 ILCS 5/22.52 new)
28     Sec. 22.52. Conflict of interest. Effective 30 days after
29 the effective date of this amendatory Act of the 94th General
30 Assembly, none of the following persons shall have a direct
31 financial interest in or receive a personal financial benefit
32 from any waste-disposal operation or any clean construction or
33 demolition debris fill operation that requires a permit or
34 interim authorization under this Act, or any corporate entity
35 related to any such waste-disposal operation or clean

 

 

SB0431 Enrolled - 16 - LRB094 09305 RSP 39545 b

1 construction or demolition debris fill operation:
2         (i) the Governor of the State of Illinois;
3         (ii) the Attorney General of the State of Illinois;
4         (iii) the Director of the Illinois Environmental
5     Protection Agency;
6         (iv) the Chairman of the Illinois Pollution Control
7     Board;
8         (v) the members of the Illinois Pollution Control
9     Board;
10         (vi) the staff of any person listed in items (i)
11     through (v) of this Section who makes a regulatory or
12     licensing decision that directly applies to any
13     waste-disposal operation or any clean construction or
14     demolition debris fill operation; and
15         (vii) a relative of any person listed in items (i)
16     through (vi) of this Section.
17 The prohibitions of this Section shall apply during the
18 person's term of State employment and shall continue for 5
19 years after the person's termination of State employment. The
20 prohibition of this Section shall not apply to any person whose
21 State employment terminates prior to 30 days after the
22 effective date of this amendatory Act of the 94th General
23 Assembly.
24     For the purposes of this Section:
25         (a) The terms "direct financial interest" and
26     "personal financial benefit" do not include the ownership
27     of publicly traded stock.
28         (b) The term "relative" means father, mother, son,
29     daughter, brother, sister, uncle, aunt, husband, wife,
30     father-in-law, or mother-in-law.
 
31     (415 ILCS 5/34)  (from Ch. 111 1/2, par. 1034)
32     Sec. 34. (a) Upon a finding that episode or emergency
33 conditions specified in Board regulations exist, the Agency
34 shall declare such alerts or emergencies as provided by those
35 regulations. While such an alert or emergency is in effect, the

 

 

SB0431 Enrolled - 17 - LRB094 09305 RSP 39545 b

1 Agency may seal any equipment, vehicle, vessel, aircraft, or
2 other facility operated in violation of such regulations.
3     (b) In other cases other than those identified in
4 subsection (a) of this Section:
5         (1) At any pollution control facility where in which
6     the Agency finds that an emergency condition exists
7     creating an immediate danger to public health or welfare or
8     the environment, the Agency may seal any equipment,
9     vehicle, vessel, aircraft, or other facility contributing
10     to the emergency condition; and .
11         (2) At any other site or facility where the Agency
12     finds that an imminent and substantial endangerment to the
13     public health or welfare or the environment exists, the
14     Agency may seal any equipment, vehicle, vessel, aircraft,
15     or other facility contributing to the imminent and
16     substantial endangerment.
17     (c) It shall be a Class A misdemeanor to break any seal
18 affixed under this section, or to operate any sealed equipment,
19 vehicle, vessel, aircraft, or other facility until the seal is
20 removed according to law.
21     (d) The owner or operator of any equipment, vehicle,
22 vessel, aircraft or other facility sealed pursuant to this
23 section is entitled to a hearing in accord with Section 32 of
24 this Act to determine whether the seal should be removed;
25 except that in such hearing at least one Board member shall be
26 present, and those Board members present may render a final
27 decision without regard to the requirements of paragraph (a) of
28 Section 5 of this Act. The petitioner may also seek immediate
29 injunctive relief.
30 (Source: P.A. 77-2830.)
 
31     (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
32     Sec. 39. Issuance of permits; procedures.
33     (a) When the Board has by regulation required a permit for
34 the construction, installation, or operation of any type of
35 facility, equipment, vehicle, vessel, or aircraft, the

 

 

SB0431 Enrolled - 18 - LRB094 09305 RSP 39545 b

1 applicant shall apply to the Agency for such permit and it
2 shall be the duty of the Agency to issue such a permit upon
3 proof by the applicant that the facility, equipment, vehicle,
4 vessel, or aircraft will not cause a violation of this Act or
5 of regulations hereunder. The Agency shall adopt such
6 procedures as are necessary to carry out its duties under this
7 Section. In making its determinations on permit applications
8 under this Section the Agency may consider prior adjudications
9 of noncompliance with this Act by the applicant that involved a
10 release of a contaminant into the environment. In granting
11 permits, the Agency may impose reasonable conditions
12 specifically related to the applicant's past compliance
13 history with this Act as necessary to correct, detect, or
14 prevent noncompliance. The Agency may impose such other
15 conditions as may be necessary to accomplish the purposes of
16 this Act, and as are not inconsistent with the regulations
17 promulgated by the Board hereunder. Except as otherwise
18 provided in this Act, a bond or other security shall not be
19 required as a condition for the issuance of a permit. If the
20 Agency denies any permit under this Section, the Agency shall
21 transmit to the applicant within the time limitations of this
22 Section specific, detailed statements as to the reasons the
23 permit application was denied. Such statements shall include,
24 but not be limited to the following:
25         (i) the Sections of this Act which may be violated if
26     the permit were granted;
27         (ii) the provision of the regulations, promulgated
28     under this Act, which may be violated if the permit were
29     granted;
30         (iii) the specific type of information, if any, which
31     the Agency deems the applicant did not provide the Agency;
32     and
33         (iv) a statement of specific reasons why the Act and
34     the regulations might not be met if the permit were
35     granted.
36     If there is no final action by the Agency within 90 days

 

 

SB0431 Enrolled - 19 - LRB094 09305 RSP 39545 b

1 after the filing of the application for permit, the applicant
2 may deem the permit issued; except that this time period shall
3 be extended to 180 days when (1) notice and opportunity for
4 public hearing are required by State or federal law or
5 regulation, (2) the application which was filed is for any
6 permit to develop a landfill subject to issuance pursuant to
7 this subsection, or (3) the application that was filed is for a
8 MSWLF unit required to issue public notice under subsection (p)
9 of Section 39. The 90-day and 180-day time periods for the
10 Agency to take final action do not apply to NPDES permit
11 applications under subsection (b) of this Section, to RCRA
12 permit applications under subsection (d) of this Section, or to
13 UIC permit applications under subsection (e) of this Section.
14     The Agency shall publish notice of all final permit
15 determinations for development permits for MSWLF units and for
16 significant permit modifications for lateral expansions for
17 existing MSWLF units one time in a newspaper of general
18 circulation in the county in which the unit is or is proposed
19 to be located.
20     After January 1, 1994 and until July 1, 1998, operating
21 permits issued under this Section by the Agency for sources of
22 air pollution permitted to emit less than 25 tons per year of
23 any combination of regulated air pollutants, as defined in
24 Section 39.5 of this Act, shall be required to be renewed only
25 upon written request by the Agency consistent with applicable
26 provisions of this Act and regulations promulgated hereunder.
27 Such operating permits shall expire 180 days after the date of
28 such a request. The Board shall revise its regulations for the
29 existing State air pollution operating permit program
30 consistent with this provision by January 1, 1994.
31     After June 30, 1998, operating permits issued under this
32 Section by the Agency for sources of air pollution that are not
33 subject to Section 39.5 of this Act and are not required to
34 have a federally enforceable State operating permit shall be
35 required to be renewed only upon written request by the Agency
36 consistent with applicable provisions of this Act and its

 

 

SB0431 Enrolled - 20 - LRB094 09305 RSP 39545 b

1 rules. Such operating permits shall expire 180 days after the
2 date of such a request. Before July 1, 1998, the Board shall
3 revise its rules for the existing State air pollution operating
4 permit program consistent with this paragraph and shall adopt
5 rules that require a source to demonstrate that it qualifies
6 for a permit under this paragraph.
7     (b) The Agency may issue NPDES permits exclusively under
8 this subsection for the discharge of contaminants from point
9 sources into navigable waters, all as defined in the Federal
10 Water Pollution Control Act, as now or hereafter amended,
11 within the jurisdiction of the State, or into any well.
12     All NPDES permits shall contain those terms and conditions,
13 including but not limited to schedules of compliance, which may
14 be required to accomplish the purposes and provisions of this
15 Act.
16     The Agency may issue general NPDES permits for discharges
17 from categories of point sources which are subject to the same
18 permit limitations and conditions. Such general permits may be
19 issued without individual applications and shall conform to
20 regulations promulgated under Section 402 of the Federal Water
21 Pollution Control Act, as now or hereafter amended.
22     The Agency may include, among such conditions, effluent
23 limitations and other requirements established under this Act,
24 Board regulations, the Federal Water Pollution Control Act, as
25 now or hereafter amended, and regulations pursuant thereto, and
26 schedules for achieving compliance therewith at the earliest
27 reasonable date.
28     The Agency shall adopt filing requirements and procedures
29 which are necessary and appropriate for the issuance of NPDES
30 permits, and which are consistent with the Act or regulations
31 adopted by the Board, and with the Federal Water Pollution
32 Control Act, as now or hereafter amended, and regulations
33 pursuant thereto.
34     The Agency, subject to any conditions which may be
35 prescribed by Board regulations, may issue NPDES permits to
36 allow discharges beyond deadlines established by this Act or by

 

 

SB0431 Enrolled - 21 - LRB094 09305 RSP 39545 b

1 regulations of the Board without the requirement of a variance,
2 subject to the Federal Water Pollution Control Act, as now or
3 hereafter amended, and regulations pursuant thereto.
4     (c) Except for those facilities owned or operated by
5 sanitary districts organized under the Metropolitan Water
6 Reclamation District Act, no permit for the development or
7 construction of a new pollution control facility may be granted
8 by the Agency unless the applicant submits proof to the Agency
9 that the location of the facility has been approved by the
10 County Board of the county if in an unincorporated area, or the
11 governing body of the municipality when in an incorporated
12 area, in which the facility is to be located in accordance with
13 Section 39.2 of this Act.
14     In the event that siting approval granted pursuant to
15 Section 39.2 has been transferred to a subsequent owner or
16 operator, that subsequent owner or operator may apply to the
17 Agency for, and the Agency may grant, a development or
18 construction permit for the facility for which local siting
19 approval was granted. Upon application to the Agency for a
20 development or construction permit by that subsequent owner or
21 operator, the permit applicant shall cause written notice of
22 the permit application to be served upon the appropriate county
23 board or governing body of the municipality that granted siting
24 approval for that facility and upon any party to the siting
25 proceeding pursuant to which siting approval was granted. In
26 that event, the Agency shall conduct an evaluation of the
27 subsequent owner or operator's prior experience in waste
28 management operations in the manner conducted under subsection
29 (i) of Section 39 of this Act.
30     Beginning August 20, 1993, if the pollution control
31 facility consists of a hazardous or solid waste disposal
32 facility for which the proposed site is located in an
33 unincorporated area of a county with a population of less than
34 100,000 and includes all or a portion of a parcel of land that
35 was, on April 1, 1993, adjacent to a municipality having a
36 population of less than 5,000, then the local siting review

 

 

SB0431 Enrolled - 22 - LRB094 09305 RSP 39545 b

1 required under this subsection (c) in conjunction with any
2 permit applied for after that date shall be performed by the
3 governing body of that adjacent municipality rather than the
4 county board of the county in which the proposed site is
5 located; and for the purposes of that local siting review, any
6 references in this Act to the county board shall be deemed to
7 mean the governing body of that adjacent municipality;
8 provided, however, that the provisions of this paragraph shall
9 not apply to any proposed site which was, on April 1, 1993,
10 owned in whole or in part by another municipality.
11     In the case of a pollution control facility for which a
12 development permit was issued before November 12, 1981, if an
13 operating permit has not been issued by the Agency prior to
14 August 31, 1989 for any portion of the facility, then the
15 Agency may not issue or renew any development permit nor issue
16 an original operating permit for any portion of such facility
17 unless the applicant has submitted proof to the Agency that the
18 location of the facility has been approved by the appropriate
19 county board or municipal governing body pursuant to Section
20 39.2 of this Act.
21     After January 1, 1994, if a solid waste disposal facility,
22 any portion for which an operating permit has been issued by
23 the Agency, has not accepted waste disposal for 5 or more
24 consecutive calendars years, before that facility may accept
25 any new or additional waste for disposal, the owner and
26 operator must obtain a new operating permit under this Act for
27 that facility unless the owner and operator have applied to the
28 Agency for a permit authorizing the temporary suspension of
29 waste acceptance. The Agency may not issue a new operation
30 permit under this Act for the facility unless the applicant has
31 submitted proof to the Agency that the location of the facility
32 has been approved or re-approved by the appropriate county
33 board or municipal governing body under Section 39.2 of this
34 Act after the facility ceased accepting waste.
35     Except for those facilities owned or operated by sanitary
36 districts organized under the Metropolitan Water Reclamation

 

 

SB0431 Enrolled - 23 - LRB094 09305 RSP 39545 b

1 District Act, and except for new pollution control facilities
2 governed by Section 39.2, and except for fossil fuel mining
3 facilities, the granting of a permit under this Act shall not
4 relieve the applicant from meeting and securing all necessary
5 zoning approvals from the unit of government having zoning
6 jurisdiction over the proposed facility.
7     Before beginning construction on any new sewage treatment
8 plant or sludge drying site to be owned or operated by a
9 sanitary district organized under the Metropolitan Water
10 Reclamation District Act for which a new permit (rather than
11 the renewal or amendment of an existing permit) is required,
12 such sanitary district shall hold a public hearing within the
13 municipality within which the proposed facility is to be
14 located, or within the nearest community if the proposed
15 facility is to be located within an unincorporated area, at
16 which information concerning the proposed facility shall be
17 made available to the public, and members of the public shall
18 be given the opportunity to express their views concerning the
19 proposed facility.
20     The Agency may issue a permit for a municipal waste
21 transfer station without requiring approval pursuant to
22 Section 39.2 provided that the following demonstration is made:
23         (1) the municipal waste transfer station was in
24     existence on or before January 1, 1979 and was in
25     continuous operation from January 1, 1979 to January 1,
26     1993;
27         (2) the operator submitted a permit application to the
28     Agency to develop and operate the municipal waste transfer
29     station during April of 1994;
30         (3) the operator can demonstrate that the county board
31     of the county, if the municipal waste transfer station is
32     in an unincorporated area, or the governing body of the
33     municipality, if the station is in an incorporated area,
34     does not object to resumption of the operation of the
35     station; and
36         (4) the site has local zoning approval.

 

 

SB0431 Enrolled - 24 - LRB094 09305 RSP 39545 b

1     (d) The Agency may issue RCRA permits exclusively under
2 this subsection to persons owning or operating a facility for
3 the treatment, storage, or disposal of hazardous waste as
4 defined under this Act.
5     All RCRA permits shall contain those terms and conditions,
6 including but not limited to schedules of compliance, which may
7 be required to accomplish the purposes and provisions of this
8 Act. The Agency may include among such conditions standards and
9 other requirements established under this Act, Board
10 regulations, the Resource Conservation and Recovery Act of 1976
11 (P.L. 94-580), as amended, and regulations pursuant thereto,
12 and may include schedules for achieving compliance therewith as
13 soon as possible. The Agency shall require that a performance
14 bond or other security be provided as a condition for the
15 issuance of a RCRA permit.
16     In the case of a permit to operate a hazardous waste or PCB
17 incinerator as defined in subsection (k) of Section 44, the
18 Agency shall require, as a condition of the permit, that the
19 operator of the facility perform such analyses of the waste to
20 be incinerated as may be necessary and appropriate to ensure
21 the safe operation of the incinerator.
22     The Agency shall adopt filing requirements and procedures
23 which are necessary and appropriate for the issuance of RCRA
24 permits, and which are consistent with the Act or regulations
25 adopted by the Board, and with the Resource Conservation and
26 Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
27 pursuant thereto.
28     The applicant shall make available to the public for
29 inspection all documents submitted by the applicant to the
30 Agency in furtherance of an application, with the exception of
31 trade secrets, at the office of the county board or governing
32 body of the municipality. Such documents may be copied upon
33 payment of the actual cost of reproduction during regular
34 business hours of the local office. The Agency shall issue a
35 written statement concurrent with its grant or denial of the
36 permit explaining the basis for its decision.

 

 

SB0431 Enrolled - 25 - LRB094 09305 RSP 39545 b

1     (e) The Agency may issue UIC permits exclusively under this
2 subsection to persons owning or operating a facility for the
3 underground injection of contaminants as defined under this
4 Act.
5     All UIC permits shall contain those terms and conditions,
6 including but not limited to schedules of compliance, which may
7 be required to accomplish the purposes and provisions of this
8 Act. The Agency may include among such conditions standards and
9 other requirements established under this Act, Board
10 regulations, the Safe Drinking Water Act (P.L. 93-523), as
11 amended, and regulations pursuant thereto, and may include
12 schedules for achieving compliance therewith. The Agency shall
13 require that a performance bond or other security be provided
14 as a condition for the issuance of a UIC permit.
15     The Agency shall adopt filing requirements and procedures
16 which are necessary and appropriate for the issuance of UIC
17 permits, and which are consistent with the Act or regulations
18 adopted by the Board, and with the Safe Drinking Water Act
19 (P.L. 93-523), as amended, and regulations pursuant thereto.
20     The applicant shall make available to the public for
21 inspection, all documents submitted by the applicant to the
22 Agency in furtherance of an application, with the exception of
23 trade secrets, at the office of the county board or governing
24 body of the municipality. Such documents may be copied upon
25 payment of the actual cost of reproduction during regular
26 business hours of the local office. The Agency shall issue a
27 written statement concurrent with its grant or denial of the
28 permit explaining the basis for its decision.
29     (f) In making any determination pursuant to Section 9.1 of
30 this Act:
31         (1) The Agency shall have authority to make the
32     determination of any question required to be determined by
33     the Clean Air Act, as now or hereafter amended, this Act,
34     or the regulations of the Board, including the
35     determination of the Lowest Achievable Emission Rate,
36     Maximum Achievable Control Technology, or Best Available

 

 

SB0431 Enrolled - 26 - LRB094 09305 RSP 39545 b

1     Control Technology, consistent with the Board's
2     regulations, if any.
3         (2) The Agency shall, after conferring with the
4     applicant, give written notice to the applicant of its
5     proposed decision on the application including the terms
6     and conditions of the permit to be issued and the facts,
7     conduct or other basis upon which the Agency will rely to
8     support its proposed action.
9         (3) Following such notice, the Agency shall give the
10     applicant an opportunity for a hearing in accordance with
11     the provisions of Sections 10-25 through 10-60 of the
12     Illinois Administrative Procedure Act.
13     (g) The Agency shall include as conditions upon all permits
14 issued for hazardous waste disposal sites such restrictions
15 upon the future use of such sites as are reasonably necessary
16 to protect public health and the environment, including
17 permanent prohibition of the use of such sites for purposes
18 which may create an unreasonable risk of injury to human health
19 or to the environment. After administrative and judicial
20 challenges to such restrictions have been exhausted, the Agency
21 shall file such restrictions of record in the Office of the
22 Recorder of the county in which the hazardous waste disposal
23 site is located.
24     (h) A hazardous waste stream may not be deposited in a
25 permitted hazardous waste site unless specific authorization
26 is obtained from the Agency by the generator and disposal site
27 owner and operator for the deposit of that specific hazardous
28 waste stream. The Agency may grant specific authorization for
29 disposal of hazardous waste streams only after the generator
30 has reasonably demonstrated that, considering technological
31 feasibility and economic reasonableness, the hazardous waste
32 cannot be reasonably recycled for reuse, nor incinerated or
33 chemically, physically or biologically treated so as to
34 neutralize the hazardous waste and render it nonhazardous. In
35 granting authorization under this Section, the Agency may
36 impose such conditions as may be necessary to accomplish the

 

 

SB0431 Enrolled - 27 - LRB094 09305 RSP 39545 b

1 purposes of the Act and are consistent with this Act and
2 regulations promulgated by the Board hereunder. If the Agency
3 refuses to grant authorization under this Section, the
4 applicant may appeal as if the Agency refused to grant a
5 permit, pursuant to the provisions of subsection (a) of Section
6 40 of this Act. For purposes of this subsection (h), the term
7 "generator" has the meaning given in Section 3.205 of this Act,
8 unless: (1) the hazardous waste is treated, incinerated, or
9 partially recycled for reuse prior to disposal, in which case
10 the last person who treats, incinerates, or partially recycles
11 the hazardous waste prior to disposal is the generator; or (2)
12 the hazardous waste is from a response action, in which case
13 the person performing the response action is the generator.
14 This subsection (h) does not apply to any hazardous waste that
15 is restricted from land disposal under 35 Ill. Adm. Code 728.
16     (i) Before issuing any RCRA permit, or any permit for a
17 waste storage site, sanitary landfill, waste disposal site,
18 waste transfer station, waste treatment facility, waste
19 incinerator, or any waste-transportation operation, or any
20 permit for a clean construction or demolition debris fill
21 operation, the Agency shall conduct an evaluation of the
22 prospective owner's or operator's prior experience in waste
23 management operations. The Agency may deny such a permit if the
24 prospective owner or operator or any employee or officer of the
25 prospective owner or operator has a history of:
26         (1) repeated violations of federal, State, or local
27     laws, regulations, standards, or ordinances in the
28     operation of waste management facilities or sites; or
29         (2) conviction in this or another State of any crime
30     which is a felony under the laws of this State, or
31     conviction of a felony in a federal court; or
32         (3) proof of gross carelessness or incompetence in
33     handling, storing, processing, transporting or disposing
34     of waste.
35     (i-5) Before issuing any permit or approving any interim
36 authorization for a clean construction or demolition debris

 

 

SB0431 Enrolled - 28 - LRB094 09305 RSP 39545 b

1 fill operation in which any ownership interest is transferred
2 between January 1, 2005, and the effective date of the
3 prohibition set forth in Section 22.52 of this Act, the Agency
4 shall conduct an evaluation of the operation if any previous
5 activities at the site or facility may have caused or allowed
6 contamination of the site. It shall be the responsibility of
7 the owner or operator seeking the permit or interim
8 authorization to provide to the Agency all of the information
9 necessary for the Agency to conduct its evaluation. The Agency
10 may deny a permit or interim authorization if previous
11 activities at the site may have caused or allowed contamination
12 at the site, unless such contamination is authorized under any
13 permit issued by the Agency.
14     (j) The issuance under this Act of a permit to engage in
15 the surface mining of any resources other than fossil fuels
16 shall not relieve the permittee from its duty to comply with
17 any applicable local law regulating the commencement, location
18 or operation of surface mining facilities.
19     (k) A development permit issued under subsection (a) of
20 Section 39 for any facility or site which is required to have a
21 permit under subsection (d) of Section 21 shall expire at the
22 end of 2 calendar years from the date upon which it was issued,
23 unless within that period the applicant has taken action to
24 develop the facility or the site. In the event that review of
25 the conditions of the development permit is sought pursuant to
26 Section 40 or 41, or permittee is prevented from commencing
27 development of the facility or site by any other litigation
28 beyond the permittee's control, such two-year period shall be
29 deemed to begin on the date upon which such review process or
30 litigation is concluded.
31     (l) No permit shall be issued by the Agency under this Act
32 for construction or operation of any facility or site located
33 within the boundaries of any setback zone established pursuant
34 to this Act, where such construction or operation is
35 prohibited.
36     (m) The Agency may issue permits to persons owning or

 

 

SB0431 Enrolled - 29 - LRB094 09305 RSP 39545 b

1 operating a facility for composting landscape waste. In
2 granting such permits, the Agency may impose such conditions as
3 may be necessary to accomplish the purposes of this Act, and as
4 are not inconsistent with applicable regulations promulgated
5 by the Board. Except as otherwise provided in this Act, a bond
6 or other security shall not be required as a condition for the
7 issuance of a permit. If the Agency denies any permit pursuant
8 to this subsection, the Agency shall transmit to the applicant
9 within the time limitations of this subsection specific,
10 detailed statements as to the reasons the permit application
11 was denied. Such statements shall include but not be limited to
12 the following:
13         (1) the Sections of this Act that may be violated if
14     the permit were granted;
15         (2) the specific regulations promulgated pursuant to
16     this Act that may be violated if the permit were granted;
17         (3) the specific information, if any, the Agency deems
18     the applicant did not provide in its application to the
19     Agency; and
20         (4) a statement of specific reasons why the Act and the
21     regulations might be violated if the permit were granted.
22     If no final action is taken by the Agency within 90 days
23 after the filing of the application for permit, the applicant
24 may deem the permit issued. Any applicant for a permit may
25 waive the 90 day limitation by filing a written statement with
26 the Agency.
27     The Agency shall issue permits for such facilities upon
28 receipt of an application that includes a legal description of
29 the site, a topographic map of the site drawn to the scale of
30 200 feet to the inch or larger, a description of the operation,
31 including the area served, an estimate of the volume of
32 materials to be processed, and documentation that:
33         (1) the facility includes a setback of at least 200
34     feet from the nearest potable water supply well;
35         (2) the facility is located outside the boundary of the
36     10-year floodplain or the site will be floodproofed;

 

 

SB0431 Enrolled - 30 - LRB094 09305 RSP 39545 b

1         (3) the facility is located so as to minimize
2     incompatibility with the character of the surrounding
3     area, including at least a 200 foot setback from any
4     residence, and in the case of a facility that is developed
5     or the permitted composting area of which is expanded after
6     November 17, 1991, the composting area is located at least
7     1/8 mile from the nearest residence (other than a residence
8     located on the same property as the facility);
9         (4) the design of the facility will prevent any compost
10     material from being placed within 5 feet of the water
11     table, will adequately control runoff from the site, and
12     will collect and manage any leachate that is generated on
13     the site;
14         (5) the operation of the facility will include
15     appropriate dust and odor control measures, limitations on
16     operating hours, appropriate noise control measures for
17     shredding, chipping and similar equipment, management
18     procedures for composting, containment and disposal of
19     non-compostable wastes, procedures to be used for
20     terminating operations at the site, and recordkeeping
21     sufficient to document the amount of materials received,
22     composted and otherwise disposed of; and
23         (6) the operation will be conducted in accordance with
24     any applicable rules adopted by the Board.
25     The Agency shall issue renewable permits of not longer than
26 10 years in duration for the composting of landscape wastes, as
27 defined in Section 3.155 of this Act, based on the above
28 requirements.
29     The operator of any facility permitted under this
30 subsection (m) must submit a written annual statement to the
31 Agency on or before April 1 of each year that includes an
32 estimate of the amount of material, in tons, received for
33 composting.
34     (n) The Agency shall issue permits jointly with the
35 Department of Transportation for the dredging or deposit of
36 material in Lake Michigan in accordance with Section 18 of the

 

 

SB0431 Enrolled - 31 - LRB094 09305 RSP 39545 b

1 Rivers, Lakes, and Streams Act.
2     (o) (Blank.)
3     (p) (1) Any person submitting an application for a permit
4 for a new MSWLF unit or for a lateral expansion under
5 subsection (t) of Section 21 of this Act for an existing MSWLF
6 unit that has not received and is not subject to local siting
7 approval under Section 39.2 of this Act shall publish notice of
8 the application in a newspaper of general circulation in the
9 county in which the MSWLF unit is or is proposed to be located.
10 The notice must be published at least 15 days before submission
11 of the permit application to the Agency. The notice shall state
12 the name and address of the applicant, the location of the
13 MSWLF unit or proposed MSWLF unit, the nature and size of the
14 MSWLF unit or proposed MSWLF unit, the nature of the activity
15 proposed, the probable life of the proposed activity, the date
16 the permit application will be submitted, and a statement that
17 persons may file written comments with the Agency concerning
18 the permit application within 30 days after the filing of the
19 permit application unless the time period to submit comments is
20 extended by the Agency.
21     When a permit applicant submits information to the Agency
22 to supplement a permit application being reviewed by the
23 Agency, the applicant shall not be required to reissue the
24 notice under this subsection.
25     (2) The Agency shall accept written comments concerning the
26 permit application that are postmarked no later than 30 days
27 after the filing of the permit application, unless the time
28 period to accept comments is extended by the Agency.
29     (3) Each applicant for a permit described in part (1) of
30 this subsection shall file a copy of the permit application
31 with the county board or governing body of the municipality in
32 which the MSWLF unit is or is proposed to be located at the
33 same time the application is submitted to the Agency. The
34 permit application filed with the county board or governing
35 body of the municipality shall include all documents submitted
36 to or to be submitted to the Agency, except trade secrets as

 

 

SB0431 Enrolled - 32 - LRB094 09305 RSP 39545 b

1 determined under Section 7.1 of this Act. The permit
2 application and other documents on file with the county board
3 or governing body of the municipality shall be made available
4 for public inspection during regular business hours at the
5 office of the county board or the governing body of the
6 municipality and may be copied upon payment of the actual cost
7 of reproduction.
8 (Source: P.A. 92-574, eff. 6-26-02; 93-575, eff. 1-1-04.)
 
9     (415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)
10     Sec. 42. Civil penalties.
11     (a) Except as provided in this Section, any person that
12 violates any provision of this Act or any regulation adopted by
13 the Board, or any permit or term or condition thereof, or that
14 violates any order of the Board pursuant to this Act, shall be
15 liable for a civil penalty of not to exceed $50,000 for the
16 violation and an additional civil penalty of not to exceed
17 $10,000 for each day during which the violation continues; such
18 penalties may, upon order of the Board or a court of competent
19 jurisdiction, be made payable to the Environmental Protection
20 Trust Fund, to be used in accordance with the provisions of the
21 Environmental Protection Trust Fund Act.
22     (b) Notwithstanding the provisions of subsection (a) of
23 this Section:
24         (1) Any person that violates Section 12(f) of this Act
25     or any NPDES permit or term or condition thereof, or any
26     filing requirement, regulation or order relating to the
27     NPDES permit program, shall be liable to a civil penalty of
28     not to exceed $10,000 per day of violation.
29         (2) Any person that violates Section 12(g) of this Act
30     or any UIC permit or term or condition thereof, or any
31     filing requirement, regulation or order relating to the
32     State UIC program for all wells, except Class II wells as
33     defined by the Board under this Act, shall be liable to a
34     civil penalty not to exceed $2,500 per day of violation;
35     provided, however, that any person who commits such

 

 

SB0431 Enrolled - 33 - LRB094 09305 RSP 39545 b

1     violations relating to the State UIC program for Class II
2     wells, as defined by the Board under this Act, shall be
3     liable to a civil penalty of not to exceed $10,000 for the
4     violation and an additional civil penalty of not to exceed
5     $1,000 for each day during which the violation continues.
6         (3) Any person that violates Sections 21(f), 21(g),
7     21(h) or 21(i) of this Act, or any RCRA permit or term or
8     condition thereof, or any filing requirement, regulation
9     or order relating to the State RCRA program, shall be
10     liable to a civil penalty of not to exceed $25,000 per day
11     of violation.
12         (4) In an administrative citation action under Section
13     31.1 of this Act, any person found to have violated any
14     provision of subsection (o) of Section 21 of this Act shall
15     pay a civil penalty of $500 for each violation of each such
16     provision, plus any hearing costs incurred by the Board and
17     the Agency. Such penalties shall be made payable to the
18     Environmental Protection Trust Fund, to be used in
19     accordance with the provisions of the Environmental
20     Protection Trust Fund Act; except that if a unit of local
21     government issued the administrative citation, 50% of the
22     civil penalty shall be payable to the unit of local
23     government.
24         (4-5) In an administrative citation action under
25     Section 31.1 of this Act, any person found to have violated
26     any provision of subsection (p) of Section 21 of this Act
27     shall pay a civil penalty of $1,500 for each violation of
28     each such provision, plus any hearing costs incurred by the
29     Board and the Agency, except that the civil penalty amount
30     shall be $3,000 for each violation of any provision of
31     subsection (p) of Section 21 that is the person's second or
32     subsequent adjudication violation of that provision. The
33     penalties shall be deposited into the Environmental
34     Protection Trust Fund, to be used in accordance with the
35     provisions of the Environmental Protection Trust Fund Act;
36     except that if a unit of local government issued the

 

 

SB0431 Enrolled - 34 - LRB094 09305 RSP 39545 b

1     administrative citation, 50% of the civil penalty shall be
2     payable to the unit of local government.
3         (5) Any person who violates subsection 6 of Section
4     39.5 of this Act or any CAAPP permit, or term or condition
5     thereof, or any fee or filing requirement, or any duty to
6     allow or carry out inspection, entry or monitoring
7     activities, or any regulation or order relating to the
8     CAAPP shall be liable for a civil penalty not to exceed
9     $10,000 per day of violation.
10     (b.5) In lieu of the penalties set forth in subsections (a)
11 and (b) of this Section, any person who fails to file, in a
12 timely manner, toxic chemical release forms with the Agency
13 pursuant to Section 25b-2 of this Act shall be liable for a
14 civil penalty of $100 per day for each day the forms are late,
15 not to exceed a maximum total penalty of $6,000. This daily
16 penalty shall begin accruing on the thirty-first day after the
17 date that the person receives the warning notice issued by the
18 Agency pursuant to Section 25b-6 of this Act; and the penalty
19 shall be paid to the Agency. The daily accrual of penalties
20 shall cease as of January 1 of the following year. All
21 penalties collected by the Agency pursuant to this subsection
22 shall be deposited into the Environmental Protection Permit and
23 Inspection Fund.
24     (c) Any person that violates this Act, any rule or
25 regulation adopted under this Act, any permit or term or
26 condition of a permit, or any Board order and causes the death
27 of fish or aquatic life shall, in addition to the other
28 penalties provided by this Act, be liable to pay to the State
29 an additional sum for the reasonable value of the fish or
30 aquatic life destroyed. Any money so recovered shall be placed
31 in the Wildlife and Fish Fund in the State Treasury.
32     (d) The penalties provided for in this Section may be
33 recovered in a civil action.
34     (e) The State's Attorney of the county in which the
35 violation occurred, or the Attorney General, may, at the
36 request of the Agency or on his own motion, institute a civil

 

 

SB0431 Enrolled - 35 - LRB094 09305 RSP 39545 b

1 action for an injunction, prohibitory or mandatory, to restrain
2 violations of this Act, any rule or regulation adopted under
3 this Act, any permit or term or condition of a permit, or any
4 Board order, or to require such other actions as may be
5 necessary to address violations of this Act, any rule or
6 regulation adopted under this Act, any permit or term or
7 condition of a permit, or any Board order.
8     (f) The State's Attorney of the county in which the
9 violation occurred, or the Attorney General, shall bring such
10 actions in the name of the people of the State of Illinois.
11 Without limiting any other authority which may exist for the
12 awarding of attorney's fees and costs, the Board or a court of
13 competent jurisdiction may award costs and reasonable
14 attorney's fees, including the reasonable costs of expert
15 witnesses and consultants, to the State's Attorney or the
16 Attorney General in a case where he has prevailed against a
17 person who has committed a wilful, knowing or repeated
18 violation of this Act, any rule or regulation adopted under
19 this Act, any permit or term or condition of a permit, or any
20 Board order.
21     Any funds collected under this subsection (f) in which the
22 Attorney General has prevailed shall be deposited in the
23 Hazardous Waste Fund created in Section 22.2 of this Act. Any
24 funds collected under this subsection (f) in which a State's
25 Attorney has prevailed shall be retained by the county in which
26 he serves.
27     (g) All final orders imposing civil penalties pursuant to
28 this Section shall prescribe the time for payment of such
29 penalties. If any such penalty is not paid within the time
30 prescribed, interest on such penalty at the rate set forth in
31 subsection (a) of Section 1003 of the Illinois Income Tax Act,
32 shall be paid for the period from the date payment is due until
33 the date payment is received. However, if the time for payment
34 is stayed during the pendency of an appeal, interest shall not
35 accrue during such stay.
36     (h) In determining the appropriate civil penalty to be

 

 

SB0431 Enrolled - 36 - LRB094 09305 RSP 39545 b

1 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
2 (b)(5) of this Section, the Board is authorized to consider any
3 matters of record in mitigation or aggravation of penalty,
4 including but not limited to the following factors:
5         (1) the duration and gravity of the violation;
6         (2) the presence or absence of due diligence on the
7     part of the respondent in attempting to comply with
8     requirements of this Act and regulations thereunder or to
9     secure relief therefrom as provided by this Act;
10         (3) any economic benefits accrued by the respondent
11     because of delay in compliance with requirements, in which
12     case the economic benefits shall be determined by the
13     lowest cost alternative for achieving compliance;
14         (4) the amount of monetary penalty which will serve to
15     deter further violations by the respondent and to otherwise
16     aid in enhancing voluntary compliance with this Act by the
17     respondent and other persons similarly subject to the Act;
18         (5) the number, proximity in time, and gravity of
19     previously adjudicated violations of this Act by the
20     respondent;
21         (6) whether the respondent voluntarily self-disclosed,
22     in accordance with subsection (i) of this Section, the
23     non-compliance to the Agency; and
24         (7) whether the respondent has agreed to undertake a
25     "supplemental environmental project," which means an
26     environmentally beneficial project that a respondent
27     agrees to undertake in settlement of an enforcement action
28     brought under this Act, but which the respondent is not
29     otherwise legally required to perform.
30     In determining the appropriate civil penalty to be imposed
31 under subsection (a) or paragraph (1), (2), (3), or (5) of
32 subsection (b) of this Section, the Board shall ensure, in all
33 cases, that the penalty is at least as great as the economic
34 benefits, if any, accrued by the respondent as a result of the
35 violation, unless the Board finds that imposition of such
36 penalty would result in an arbitrary or unreasonable financial

 

 

SB0431 Enrolled - 37 - LRB094 09305 RSP 39545 b

1 hardship. However, such civil penalty may be off-set in whole
2 or in part pursuant to a supplemental environmental project
3 agreed to by the complainant and the respondent.
4     (i) A person who voluntarily self-discloses non-compliance
5 to the Agency, of which the Agency had been unaware, is
6 entitled to a 100% reduction in the portion of the penalty that
7 is not based on the economic benefit of non-compliance if the
8 person can establish the following:
9         (1) that the non-compliance was discovered through an
10     environmental audit, as defined in Section 52.2 of this
11     Act, and the person waives the environmental audit
12     privileges as provided in that Section with respect to that
13     non-compliance;
14         (2) that the non-compliance was disclosed in writing
15     within 30 days of the date on which the person discovered
16     it;
17         (3) that the non-compliance was discovered and
18     disclosed prior to:
19             (i) the commencement of an Agency inspection,
20         investigation, or request for information;
21             (ii) notice of a citizen suit;
22             (iii) the filing of a complaint by a citizen, the
23         Illinois Attorney General, or the State's Attorney of
24         the county in which the violation occurred;
25             (iv) the reporting of the non-compliance by an
26         employee of the person without that person's
27         knowledge; or
28             (v) imminent discovery of the non-compliance by
29         the Agency;
30         (4) that the non-compliance is being corrected and any
31     environmental harm is being remediated in a timely fashion;
32         (5) that the person agrees to prevent a recurrence of
33     the non-compliance;
34         (6) that no related non-compliance events have
35     occurred in the past 3 years at the same facility or in the
36     past 5 years as part of a pattern at multiple facilities

 

 

SB0431 Enrolled - 38 - LRB094 09305 RSP 39545 b

1     owned or operated by the person;
2         (7) that the non-compliance did not result in serious
3     actual harm or present an imminent and substantial
4     endangerment to human health or the environment or violate
5     the specific terms of any judicial or administrative order
6     or consent agreement;
7         (8) that the person cooperates as reasonably requested
8     by the Agency after the disclosure; and
9         (9) that the non-compliance was identified voluntarily
10     and not through a monitoring, sampling, or auditing
11     procedure that is required by statute, rule, permit,
12     judicial or administrative order, or consent agreement.
13     If a person can establish all of the elements under this
14 subsection except the element set forth in paragraph (1) of
15 this subsection, the person is entitled to a 75% reduction in
16 the portion of the penalty that is not based upon the economic
17 benefit of non-compliance.
18     (j) In addition to an other remedy or penalty that may
19 apply, whether civil or criminal, any person who violates
20 Section 22.52 of this Act shall be liable for an additional
21 civil penalty of up to 3 times the gross amount of any
22 pecuniary gain resulting from the violation.
23 (Source: P.A. 93-152, eff. 7-10-03; 93-575, eff. 1-1-04;
24 93-831, eff. 7-28-04.)
 
25     (415 ILCS 5/58.8)
26     Sec. 58.8. Duty to record; compliance.
27     (a) The RA receiving a No Further Remediation Letter from
28 the Agency pursuant to Section 58.10, shall submit the letter
29 to the Office of the Recorder or the Registrar of Titles of the
30 county in which the site is located within 45 days of receipt
31 of the letter. The Office of the Recorder or the Registrar of
32 Titles shall accept and record that letter in accordance with
33 Illinois law so that it forms a permanent part of the chain of
34 title for the site.
35     (b) A No Further Remediation Letter shall not become

 

 

SB0431 Enrolled - 39 - LRB094 09305 RSP 39545 b

1 effective until officially recorded in accordance with
2 subsection (a) of this Section. The RA shall obtain and submit
3 to the Agency a certified copy of the No Further Remediation
4 Letter as recorded.
5     (c) (Blank). At no time shall any site for which a land use
6 limitation has been imposed as a result of remediation
7 activities under this Title be used in a manner inconsistent
8 with the land use limitation unless further investigation or
9 remedial action has been conducted that documents the
10 attainment of objectives appropriate for the new land use and a
11 new No Further Remediation Letter obtained and recorded in
12 accordance with this Title.
13     (d) In the event that a No Further Remediation Letter
14 issues by operation of law pursuant to Section 58.10, the RA
15 may, for purposes of this Section, file an affidavit stating
16 that the letter issued by operation of law. Upon receipt of the
17 No Further Remediation Letter from the Agency, the RA shall
18 comply with the requirements of subsections (a) and (b) of this
19 Section.
20 (Source: P.A. 92-574, eff. 6-26-02.)
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.