HB1209 EnrolledLRB098 08975 NHT 39109 b

1    AN ACT concerning conservation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Department of Commerce and Economic
5Opportunity Law of the Civil Administrative Code of Illinois is
6amended by changing Section 605-515 as follows:
7    (20 ILCS 605/605-515)  (was 20 ILCS 605/46.13a)
8    Sec. 605-515. Environmental Regulatory Assistance Program.
9    (a) In this Section, except where the context clearly
10requires otherwise, "small business stationary source" means a
11business that is owned or operated by a person that employs 100
12or fewer individuals; is a small business; is not a major
13stationary source as defined in Titles I and III of the federal
141990 Clean Air Act Amendments; does not emit 50 tons or more
15per year of any regulated pollutant (as defined under the
16federal Clean Air Act); and emits less than 75 tons per year of
17all regulated pollutants.
18    (b) The Department may:
19        (1) Provide access to technical and compliance
20    information for Illinois firms, including small and middle
21    market companies, to facilitate local business compliance
22    with the federal, State, and local environmental
23    regulations.



HB1209 Enrolled- 2 -LRB098 08975 NHT 39109 b

1        (2) Coordinate and enter into cooperative agreements
2    with a State ombudsman office, which shall be established
3    in accordance with the federal 1990 Clean Air Act
4    Amendments to provide direct oversight to the program
5    established under that Act.
6        (3) Enter into contracts, cooperative agreements, and
7    financing agreements and establish and collect charges and
8    fees necessary or incidental to the performance of duties
9    and the execution of powers under this Section.
10        (4) Accept and expend, subject to appropriation,
11    gifts, grants, awards, funds, contributions, charges,
12    fees, and other financial or nonfinancial aid from federal,
13    State, and local governmental agencies, businesses,
14    educational agencies, not-for-profit organizations, and
15    other entities, for the purposes of this Section.
16        (5) Establish, staff, and administer programs and
17    services and adopt such rules and regulations necessary to
18    carry out the intent of this Section and Section 507,
19    "Small Business Stationary Source Technical and
20    Environmental Compliance Assistance Program", of the
21    federal 1990 Clean Air Act Amendments.
22    (c) The Department's environmental compliance programs and
23services for businesses may include, but need not be limited
24to, the following:
25        (1) Communication and outreach services to or on behalf
26    of individual companies, including collection and



HB1209 Enrolled- 3 -LRB098 08975 NHT 39109 b

1    compilation of appropriate information on regulatory
2    compliance issues and control technologies, and
3    dissemination of that information through publications,
4    direct mailings, electronic communications, conferences,
5    workshops, one-on-one counseling, and other means of
6    technical assistance.
7        (2) Provision of referrals and access to technical
8    assistance, pollution prevention and facility audits, and
9    otherwise serving as an information clearinghouse on
10    pollution prevention through the coordination of the
11    Illinois Sustainable Technology Waste Management and
12    Research Center of the University of Illinois. In addition,
13    environmental and regulatory compliance issues and
14    techniques, which may include business rights and
15    responsibilities, applicable permitting and compliance
16    requirements, compliance methods and acceptable control
17    technologies, release detection, and other applicable
18    information may be provided.
19        (3) Coordination with and provision of administrative
20    and logistical support to the State Compliance Advisory
21    Panel.
22    (d) There is hereby created a special fund in the State
23Treasury to be known as the Small Business Environmental
24Assistance Fund. Monies received under subdivision (b)(4) of
25this Section shall be deposited into the Fund.
26    Monies in the Small Business Environmental Assistance Fund



HB1209 Enrolled- 4 -LRB098 08975 NHT 39109 b

1may be used, subject to appropriation, only for the purposes
2authorized by this Section.
3(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
4    Section 10. The Business Assistance and Regulatory Reform
5Act is amended by changing Section 15 as follows:
6    (20 ILCS 608/15)
7    Sec. 15. Providing Information and Expediting Permit
9    (a) The office shall provide an information system using a
10toll-free business assistance number. The number shall be
11advertised throughout the State. If requested, the caller will
12be sent a basic business kit, describing the basic requirements
13and procedures for doing business in Illinois. If requested,
14the caller shall be directed to one or more of the additional
15services provided by the office. All persons providing advice
16to callers on behalf of the office and all persons responsible
17for directly providing services to persons visiting the office
18or one of its branches shall be persons with small business
19experience in an administrative or managerial capacity.
20    (b) (Blank).
21    (c) Any applicant for permits required for a business
22activity may confer with the office to obtain assistance in the
23prompt and efficient processing and review of applications. The
24office may designate an employee of the office to act as a



HB1209 Enrolled- 5 -LRB098 08975 NHT 39109 b

1permit assistance manager to:
2        (1) facilitate contacts for the applicant with
3    responsible agencies;
4        (2) arrange conferences to clarify the requirements of
5    interested agencies;
6        (3) consider with State agencies the feasibility of
7    consolidating hearings and data required of the applicant;
8        (4) assist the applicant in resolution of outstanding
9    issues identified by State agencies; and
10        (5) coordinate federal, State and local regulatory
11    procedures and permit review actions to the extent
12    possible.
13    (d) The office shall publish a directory of State business
14permits and State programs to assist small businesses.
15    (e) The office shall attempt to establish agreements with
16local governments to allow the office to provide assistance to
17applicants for permits required by these local governments.
18    (f) Interested State agencies shall, to the maximum extent
19feasible, establish procedures to expedite applications for
20infrastructure projects. Applications for permits for
21infrastructure projects shall be approved or disapproved
22within 45 days of submission, unless law or regulations specify
23a different period. If the interested agency is unable to act
24within that period, the agency shall provide a written
25notification to the office specifying reasons for its inability
26to act and the date by which approval or disapproval shall be



HB1209 Enrolled- 6 -LRB098 08975 NHT 39109 b

1determined. The office may require any interested State agency
2to designate an employee who will coordinate the handling of
3permits in that area.
4    (g) In addition to its responsibilities in connection with
5permit assistance, the office shall provide general regulatory
6information by directing businesses to appropriate officers in
7State agencies to supply the information requested.
8    (h) The office shall help businesses to locate and apply to
9training programs available to train current employees in
10particular skills, techniques or areas of knowledge relevant to
11the employees' present or anticipated job duties. In pursuit of
12this objective, the office shall provide businesses with
13pertinent information about training programs offered by State
14agencies, units of local government, public universities and
15colleges, community colleges, and school districts in
17    (i) The office shall help businesses to locate and apply to
18State programs offering to businesses grants, loans, loan or
19bond guarantees, investment partnerships, technology or
20productivity consultation, or other forms of business
22    (j) To the extent authorized by federal law, the office
23shall assist businesses in ascertaining and complying with the
24requirements of the federal Americans with Disabilities Act.
25    (k) The office shall provide confidential on-site
26assistance in identifying problems and solutions in compliance



HB1209 Enrolled- 7 -LRB098 08975 NHT 39109 b

1with requirements of State and federal environmental
2regulations. The office shall work through and contract with
3the Illinois Sustainable Technology Waste Management and
4Research Center to provide confidential on-site consultation
5audits that (i) assist regulatory compliance and (ii) identify
6pollution prevention opportunities.
7    (k-5) Until July 1, 2012, the office shall provide
8confidential on-site assistance, including, but not limited
9to, consultation audits, to identify problems and solutions
10regarding compliance with the requirements of the federal
11Occupational Safety and Health Administration. On and after
12July 1, 2012, the Department of Labor shall provide
13confidential on-site assistance, including, but not limited
14to, consultation audits, to identify problems and solutions
15regarding compliance with the requirements of the federal
16Occupational Safety and Health Administration.
17    (l) The office shall provide information on existing loan
18and business assistance programs provided by the State.
19    (m) Each State agency having jurisdiction to approve or
20deny a permit shall have the continuing power heretofore or
21hereafter vested in it to make such determinations. The
22provisions of this Act shall not lessen or reduce such powers
23and shall modify the procedures followed in carrying out such
24powers only to the extent provided in this Act.
25    (n) (1) Each State agency shall fully cooperate with the
26office in providing information, documentation, personnel or



HB1209 Enrolled- 8 -LRB098 08975 NHT 39109 b

1facilities requested by the office.
2    (2) Each State agency having jurisdiction of any permit to
3which the master application procedure is applicable shall
4designate an employee to act as permit liaison office with the
5office in carrying out the provisions of this Act.
6    (o) (1) The office has authority, but is not required, to
7keep and analyze appropriate statistical data regarding the
8number of permits issued by State agencies, the amount of time
9necessary for the permits to be issued, the cost of obtaining
10such permits, the types of projects for which specific permits
11are issued, a geographic distribution of permits, and other
12pertinent data the office deems appropriate.
13    The office shall make such data and any analysis of the
14data available to the public.
15    (2) The office has authority, but is not required, to
16conduct or cause to be conducted a thorough review of any
17agency's permit requirements and the need by the State to
18require such permits. The office shall draw on the review, on
19its direct experience, and on its statistical analyses to
20prepare recommendations regarding how to:
21        (i) eliminate unnecessary or antiquated permit
22    requirements;
23        (ii) consolidate duplicative or overlapping permit
24    requirements;
25        (iii) simplify overly complex or lengthy application
26    procedures;



HB1209 Enrolled- 9 -LRB098 08975 NHT 39109 b

1        (iv) expedite time-consuming agency review and
2    approval procedures; or
3        (v) otherwise improve the permitting processes in the
4    State.
5    The office shall submit copies of all recommendations
6within 5 days of issuance to the affected agency, the Governor,
7the General Assembly, and the Joint Committee on Administrative
9    (p) The office has authority to review State forms on its
10own initiative or upon the request of another State agency to
11ascertain the burden, if any, of complying with those forms. If
12the office determines that a form is unduly burdensome to
13business, it may recommend to the agency issuing the form
14either that the form be eliminated or that specific changes be
15made in the form.
16    (q) Not later than March 1 of each year, beginning March 1,
171995, the office shall submit an annual report of its
18activities during the preceding year to the Governor and
19General Assembly. The report shall describe the activities of
20the office during the preceding year and shall contain
21statistical information on the permit assistance activities of
22the office.
23(Source: P.A. 97-787, eff. 7-13-12.)
24    Section 15. The Hazardous Waste Technology Exchange
25Service Act is amended by changing Sections 3, 4, and 6 as



HB1209 Enrolled- 10 -LRB098 08975 NHT 39109 b

2    (20 ILCS 1130/3)  (from Ch. 111 1/2, par. 6803)
3    Sec. 3. For the purposes of this Act, unless the context
4otherwise requires:
5    (a) "Board" means the Board of Trustees of the University
6of Illinois.
7    (b) "Center" means the Illinois Sustainable Technology
8Waste Management and Research Center of the University of
10(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
11    (20 ILCS 1130/4)  (from Ch. 111 1/2, par. 6804)
12    Sec. 4. Illinois Sustainable Technology Waste Management
13and Research Center. The Illinois Sustainable Technology
14Center (formerly known as the Waste Management and Research
15Center) is transferred to the University of Illinois.
16(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
17    (20 ILCS 1130/6)  (from Ch. 111 1/2, par. 6806)
18    Sec. 6. Appropriations. For the purpose of maintaining the
19Illinois Sustainable Technology Waste Management and Research
20Center, paying the expenses and providing the facilities and
21structures incident thereto, appropriations shall be made to
22the University of Illinois, payable from the Hazardous Waste
23Research Fund and other funds in the State Treasury.



HB1209 Enrolled- 11 -LRB098 08975 NHT 39109 b

1(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
2    Section 20. The Green Governments Illinois Act is amended
3by changing Section 15 as follows:
4    (20 ILCS 3954/15)
5    Sec. 15. Composition of the Council membership and
6administrative support. Representatives The Council shall be
7composed of representatives from various State agencies and
8State universities with specific fiscal, procurement,
9educational, and environmental policy expertise shall comprise
10the Council. Until the effective date of this amendatory Act of
11the 97th General Assembly, the Lieutenant Governor is the chair
12of the Council. On and after the effective date of this
13amendatory Act of the 97th General Assembly, the Governor is
14the chair of the Council, and the Lieutenant Governor, or his
15or her designee, shall be a member of the council. The director
16or President, respectively, of each of the following State
17agencies and State universities, or his or her designee, is a
18member of the Council: the Department of Commerce and Economic
19Opportunity, the Environmental Protection Agency, the
20University of Illinois, the Department of Natural Resources,
21the Department of Central Management Services, the Governor's
22Office of Management and Budget, the Department of Agriculture,
23the Department of Transportation, the Department of
24Corrections, the Department of Human Services, the Department



HB1209 Enrolled- 12 -LRB098 08975 NHT 39109 b

1of Public Health, the State Board of Education, the Board of
2Higher Education, and the Capital Development Board.
3    The Office of the Governor shall provide administrative
4support to the Council. A minimum of one staff position in the
5Office of the Governor shall be dedicated to the Green
6Governments Illinois program.
7(Source: P.A. 96-74, eff. 7-24-09; 97-573, eff. 8-25-11.)
8    Section 25. The University of Illinois Exercise of
9Functions and Duties Law of the Civil Administrative Code of
10Illinois is amended by changing Section 3000-5 as follows:
11    (110 ILCS 355/3000-5)  (was 110 ILCS 355/62)
12    Sec. 3000-5. Retention of duties by University of Illinois.
13Unless otherwise provided by law, the functions and duties
14formerly exercised by the State entomologist, the Illinois
15Natural History Survey State laboratory of natural history, the
16Illinois State Water Survey water survey, and the Illinois
17State Geological Survey geological survey and the functions and
18duties of the Illinois Sustainable Technology Center (formerly
19known as the Waste Management and Research Center) and its
20Hazardous Materials Laboratory as authorized by the Hazardous
21Waste Technology Exchange Service Act shall continue to be
22exercised at the University of Illinois in buildings and places
23provided by the trustees of the University.
24(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)



HB1209 Enrolled- 13 -LRB098 08975 NHT 39109 b

1    Section 30. The University of Illinois Scientific Surveys
2Act is amended by changing Sections 5, 10, 15, 20, and 55 as
4    (110 ILCS 425/5)
5    Sec. 5. Purposes. The purposes of this Act are to establish
6at the University of Illinois the Prairie Research Institute an
7institute for natural resources sustainability and to transfer
8to it all rights, powers, duties, property, and functions
9currently vested in the Department of Natural Resources
10pertaining to its Illinois Natural History Survey division,
11Illinois State Water Survey division, Illinois State
12Geological Survey division, and Illinois Sustainable
13Technology Center (formerly known as the Waste Management and
14Research Center) division (which may also be referred to as the
15Illinois Sustainable Technology Center).
16(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
17    (110 ILCS 425/10)
18    Sec. 10. Definitions. For the purposes of this Act, unless
19the context otherwise requires:
20    "Board of Trustees" means the Board of Trustees of the
21University of Illinois.
22    "Scientific Surveys" means, collectively, the Illinois
23State Natural History Survey division, the Illinois State Water



HB1209 Enrolled- 14 -LRB098 08975 NHT 39109 b

1Survey division, the Illinois State Geological Survey
2division, and the Illinois Sustainable Technology Center
3(formerly known as the Waste Management and Research Center)
4division transferred by this Act from the Department of Natural
5Resources to the Board of Trustees.
6(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
7    (110 ILCS 425/15)
8    Sec. 15. Organization. The Board of Trustees shall
9establish and operate the Prairie Research Institute an
10institute for natural sciences and sustainability. The
11Institute institute shall contain within it the Illinois State
12Natural History Survey division, the Illinois State Water
13Survey division, the Illinois State Geological Survey
14division, the Illinois Sustainable Technology Waste Management
15and Research Center division, the Illinois State
16Archaeological Survey, and such other related entities,
17research functions, and responsibilities as may be
18appropriate. The Institute institute shall be under the
19governance and control of the Board of Trustees.
20(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
21    (110 ILCS 425/20)
22    Sec. 20. General powers and duties. In addition to its
23other powers and duties, the Board of Trustees shall have the
24power to provide for the management and operation of the



HB1209 Enrolled- 15 -LRB098 08975 NHT 39109 b

1Prairie Research Institute Scientific Surveys including, but
2not limited to, the following powers and duties which shall be
3performed by the Scientific Surveys:
4        (1) To investigate and study the natural and cultural
5    resources of the State and to prepare reports and furnish
6    information fundamental to the conservation and
7    development of natural and cultural resources, and, for
8    that purpose, the officers and employees thereof shall have
9    the authority to enter and cross all lands in this State,
10    doing no damage to private property.
11        (2) To collaborate with and advise departments having
12    administrative powers and duties relating to the natural
13    resources of the State, and to collaborate with similar
14    departments in other states and with the United States
15    Government.
16        (3) To conduct a natural history survey of the State,
17    giving preference to subjects of educational and
18    economical importance. The Illinois State Biologist shall
19    be an employee of the Illinois Natural History Survey.
20        (4) To investigate the entomology of the State. The
21    Illinois State Entomologist shall be an employee of the
22    Illinois Natural History Survey.
23        (5) To investigate all insects dangerous or injurious
24    to agricultural or horticultural plants and crops, to
25    livestock, to nursery trees and plants, to the products of
26    the truck farm and vegetable garden, to shade trees and



HB1209 Enrolled- 16 -LRB098 08975 NHT 39109 b

1    other ornamental vegetation of cities and villages, and to
2    the products of the mills and the contents of warehouses,
3    and all insects injurious or dangerous to the public
4    health.
5        (6) To study the geological formation of the State with
6    reference to its resources of coal, ores, clays, building
7    stones, cement, materials suitable for use in the
8    construction of the roads, gas, oil, mineral and artesian
9    water, aquifers and aquitards, and other resources and
10    products. The Illinois State Geologist shall be an employee
11    of the Illinois State Geological Survey.
12        (7) To cooperate with United States federal agencies in
13    the preparation of geological and land surface maps and
14    completion of a contour topographic map and the collection,
15    recording, and printing of water and atmospheric resource
16    data, including stream flow measurements; and to collect
17    facts and data concerning the volumes and flow of
18    underground, surface, and atmospheric waters of the State;
19    and to determine the mineral and chemical qualities of
20    water from different geological formations and surface and
21    atmospheric waters for the various sections of the State.
22        (8) To act as the central data repository and research
23    coordinator for the State in matters related to water and
24    atmospheric resources. The Illinois State Water Survey of
25    the University of Illinois may monitor and evaluate all
26    weather modification operations in Illinois. The Illinois



HB1209 Enrolled- 17 -LRB098 08975 NHT 39109 b

1    State Climatologist and the Illinois State Hydrologist
2    shall be employees of the Illinois State Water Survey.
3        (9) To provide To collaborate with the Illinois State
4    Academy of Science and to publish the results of the
5    investigations and research in the field of natural science
6    to the end that the same may be distributed to the
7    interested public.
8        (10) To perform all other duties and assume all
9    obligations of the Department of Natural Resources
10    pertaining to the Illinois State Water Survey, the Illinois
11    State Geological Survey, the Illinois State Natural
12    History Survey, and the Illinois Sustainable Technology
13    Waste Management and Research Center, and the Illinois
14    State Archaeological Survey.
15        (11) To maintain all previously existing relationships
16    between the Illinois State Water Survey, the Illinois State
17    Geological Survey, the Illinois State Natural History
18    Survey, and the Illinois Sustainable Technology Center,
19    and the Illinois State Archaeological Survey and the public
20    and private colleges and universities in Illinois.
21        (12) To participate in federal and State geologic
22    mapping programs.
23        (13) To conduct educational programs to further the
24    exchange of information to reduce the generation of
25    hazardous wastes or to treat or dispose of such wastes so
26    as to make them nonhazardous.



HB1209 Enrolled- 18 -LRB098 08975 NHT 39109 b

1        (14) To provide a technical information service for
2    industries involved in the generation, treatment, or
3    disposal of hazardous wastes.
4        (15) To disseminate information regarding advances in
5    hazardous waste management technology and sustainability
6    practices that could both protect the environment and
7    further industrial productivity.
8        (16) To provide research in areas related to reduction
9    of the generation of hazardous wastes; treatment,
10    recycling and reuse; toxic pollution prevention; and other
11    issues that the Board may suggest. The Illinois Pollution
12    Prevention Scientist shall be an employee of the Illinois
13    Sustainable Technology Center.
14        (17) To investigate, preserve, and interpret the
15    archaeological heritage of this State within the contexts
16    of public needs and sustainable economic development
17    through scientific research, public service, education,
18    and outreach activities. The Illinois State Archaeologist
19    shall be an employee of the Illinois State Archeological
20    Survey.
21(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
22    (110 ILCS 425/55)
23    Sec. 55. Successor agency. For purposes of the Successor
24Agency Act and Section 9b of the State Finance Act, the Board
25of Trustees is the successor to the Department of Natural



HB1209 Enrolled- 19 -LRB098 08975 NHT 39109 b

1Resources and the Illinois Board of Natural Resources and
2Conservation with respect to the rights, powers, duties,
3property, functions, and other matters transferred by this Act.
4(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
5    Section 35. The Well Abandonment Act is amended by changing
6Section 1 as follows:
7    (225 ILCS 730/1)  (from Ch. 96 1/2, par. 5201)
8    Sec. 1. It is the duty of the permittee of any well drilled
9or deepened for oil or gas, to file all geophysical logs and a
10well drilling report of said well in the office of the State
11Geological Survey of the University of Illinois within 90 days
12after drilling ceases.
13    The well drilling report: (1) shall show the character and
14depth of the formations passed through or encountered in the
15drilling of the well, particularly showing the depth and
16thickness of oil-bearing strata, and gas-bearing strata, (2)
17shall show the position and thickness of coal beds and deposits
18of mineral materials of economic value, and (3) shall give the
19location of the hole.
20    The Department of Natural Resources shall supply to the
21Illinois State Geological Survey a copy of each permit, showing
22the location of the well.
23(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)



HB1209 Enrolled- 20 -LRB098 08975 NHT 39109 b

1    Section 40. The Toxic Pollution Prevention Act is amended
2by changing Sections 3 and 5 as follows:
3    (415 ILCS 85/3)  (from Ch. 111 1/2, par. 7953)
4    Sec. 3. Definitions. As used in this Act:
5    "Agency" means the Illinois Environmental Protection
7    "Center" means the Illinois Sustainable Technology Waste
8Management and Research Center.
9    "Person" means any individual, partnership,
10co-partnership, firm, company, corporation, association, joint
11stock company, trust, political subdivision, State agency, or
12any other legal entity, or its legal representative, agent or
14    "Release" means emission to the air, discharge to surface
15waters or off-site wastewater treatment facilities, or on-site
16release to the land, including but not limited to landfills,
17surface impoundments and injection wells.
18    "Toxic substance" means any substance listed by the Agency
19pursuant to Section 4 of this Act.
20    "Toxic pollution prevention" means in-plant practices that
21reduce, avoid or eliminate: (i) the use of toxic substances,
22(ii) the generation of toxic constituents in wastes, (iii) the
23disposal or release of toxic substances into the environment,
24or (iv) the development or manufacture of products with toxic
25constituents, through the application of any of the following



HB1209 Enrolled- 21 -LRB098 08975 NHT 39109 b

2        (1) input substitution, which refers to replacing a
3    toxic substance or raw material used in a production
4    process with a nontoxic or less toxic substance;
5        (2) product reformulation, which refers to
6    substituting for an existing end product an end product
7    which is nontoxic or less toxic upon use, release or
8    disposal;
9        (3) production process redesign or modification, which
10    refers to developing and using production processes of a
11    different design than those currently used;
12        (4) production process modernization, which refers to
13    upgrading or replacing existing production process
14    equipment or methods with other equipment or methods based
15    on the same production process;
16        (5) improved operation and maintenance of existing
17    production process equipment and methods, which refers to
18    modifying or adding to existing equipment or methods,
19    including but not limited to such techniques as improved
20    housekeeping practices, system adjustments, product and
21    process inspections, and production process control
22    equipment or methods;
23        (6) recycling, reuse or extended use of toxic
24    substances by using equipment or methods which become an
25    integral part of the production process, including but not
26    limited to filtration and other closed loop methods.



HB1209 Enrolled- 22 -LRB098 08975 NHT 39109 b

1    However, "toxic pollution prevention" shall not include or
2in any way be inferred to promote or require incineration,
3transfer from one medium of release to another, off-site or out
4of process waste recycling, or end of pipe treatment of toxic
6    "Trade secret" means any information concerning production
7processes employed or substances manufactured, processed or
8otherwise used within a facility which the Agency determines to
9satisfy the criteria established under Section 3.490 of the
10Environmental Protection Act, and to which specific trade
11secret status has been granted by the Agency.
12(Source: P.A. 92-574, eff. 6-26-02.)
13    (415 ILCS 85/5)  (from Ch. 111 1/2, par. 7955)
14    Sec. 5. Toxic Pollution Prevention Assistance Program.
15There is hereby established a Toxic Pollution Prevention
16Assistance Program at the Illinois Sustainable Technology
17Waste Management and Research Center. The Center may establish
18cooperative programs with public and private colleges and
19universities designed to augment the implementation of this
20Section. The Center may establish fees, tuition, or other
21financial charges for participation in the Assistance Program.
22These monies shall be deposited in the Toxic Pollution
23Prevention Fund established in Section 7 of this Act. Through
24the Assistance Program, the Center:
25    (1) Shall provide general information about and actively



HB1209 Enrolled- 23 -LRB098 08975 NHT 39109 b

1publicize the advantages of and developments in toxic pollution
2prevention and sustainability practices.
3    (2) May establish courses, seminars, conferences and other
4events, and reports, updates, guides and other publications and
5other means of providing technical information for industries,
6local governments and citizens concerning toxic pollution
7prevention strategies, and may, as appropriate, work in
8cooperation with the Agency.
9    (3) Shall engage in research on toxic pollution prevention
10methods. Such research shall include assessments of the impact
11of adopting toxic pollution prevention methods on the
12environment, the public health, and worker exposure, and
13assessments of the impact on profitability and employment
14within affected industries.
15    (4) Shall provide on-site technical consulting, to the
16extent practicable, to help facilities to identify
17opportunities for toxic pollution prevention, and to develop
18comprehensive toxic pollution prevention plans that would
19include water, energy, and solid waste. To be eligible for such
20consulting, the owner or operator of a facility must agree to
21allow information regarding the results of such consulting to
22be shared with the public, provided that the identity of the
23facility shall be made available only with its consent, and
24trade secret information shall remain protected.
25    (5) May sponsor pilot projects in cooperation with the
26Agency, or an institute of higher education to develop and



HB1209 Enrolled- 24 -LRB098 08975 NHT 39109 b

1demonstrate innovative technologies and methods for toxic
2pollution prevention and sustainable development. The results
3of all such projects shall be available for use by the public,
4but trade secret information shall remain protected.
5    (6) May award grants for activities that further the
6purposes of this Act, including but not limited to the
8        (A) grants to not-for-profit organizations to
9    establish free or low-cost technical assistance or
10    educational programs to supplement the toxic pollution
11    prevention activities of the Center;
12        (B) grants to assist trade associations, business
13    organizations, labor organizations and educational
14    institutions in developing training materials to foster
15    toxic pollution prevention; and
16        (C) grants to assist industry, business organizations,
17    labor organizations, education institutions and industrial
18    hygienists to identify, evaluate and implement toxic
19    pollution prevention measures and alternatives through
20    audits, plans and programs.
21        The Center may establish criteria and terms for such
22    grants, including a requirement that a grantee provide
23    matching funds. Grant money awarded under this Section may
24    not be spent for capital improvements or equipment.
25        In determining whether to award a grant, the Center
26    shall consider at least the following:



HB1209 Enrolled- 25 -LRB098 08975 NHT 39109 b

1            (i) the potential of the project to prevent
2        pollution;
3            (ii) the likelihood that the project will develop
4        techniques or processes that will minimize the
5        transfer of pollution from one environmental medium to
6        another;
7            (iii) the extent to which information to be
8        developed through the project will be applicable to
9        other persons in the State; and
10            (iv) the willingness of the grant applicant to
11        assist the Center in disseminating information about
12        the pollution prevention methods to be developed
13        through the project.
14    (7) Shall establish and operate a State information
15clearinghouse that assembles, catalogues and disseminates
16information about toxic pollution prevention and available
17consultant services. Such clearinghouse shall include a
18computer database containing information on managerial,
19technical and operational approaches to achieving toxic
20pollution prevention. The computer database must be maintained
21on a system designed to enable businesses, governmental
22agencies and the general public readily to obtain information
23specific to production technologies, materials, operations and
24products. A business shall not be required to submit to the
25clearinghouse any information that is a trade secret.
26    (8) May contract with an established institution of higher



HB1209 Enrolled- 26 -LRB098 08975 NHT 39109 b

1education to assist the Center in carrying out the provisions
2of this Section. The assistance provided by such an institution
3may include, but need not be limited to:
4        (A) engineering field internships to assist industries
5    in identifying toxic pollution prevention opportunities;
6        (B) development of a toxic pollution prevention
7    curriculum for students and faculty; and
8        (C) applied toxic pollution prevention and recycling
9    research.
10    (9) Shall emphasize assistance to businesses that have
11inadequate technical and financial resources to obtain
12information and to assess and implement toxic pollution
13prevention methods.
14    (10) Shall publish a biannual report on its toxic pollution
15prevention and sustainable development activities,
16achievements, identified problems and future goals.
17(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
18    Section 45. The Illinois Low-Level Radioactive Waste
19Management Act is amended by changing Section 3 as follows:
20    (420 ILCS 20/3)  (from Ch. 111 1/2, par. 241-3)
21    Sec. 3. Definitions.
22    "Agency" means the Illinois Emergency Management Agency.
23    "Broker" means any person who takes possession of low-level
24waste for purposes of consolidation and shipment.



HB1209 Enrolled- 27 -LRB098 08975 NHT 39109 b

1    "Compact" means the Central Midwest Interstate Low-Level
2Radioactive Waste Compact.
3    "Decommissioning" means the measures taken at the end of a
4facility's operating life to assure the continued protection of
5the public from any residual radioactivity or other potential
6hazards present at a facility.
7    "Director" means the Director of the Illinois Emergency
8Management Agency.
9    "Disposal" means the isolation of waste from the biosphere
10in a permanent facility designed for that purpose.
11    "Facility" means a parcel of land or site, together with
12structures, equipment and improvements on or appurtenant to the
13land or site, which is used or is being developed for the
14treatment, storage or disposal of low-level radioactive waste.
15"Facility" does not include lands, sites, structures or
16equipment used by a generator in the generation of low-level
17radioactive wastes.
18    "Generator" means any person who produces or possesses
19low-level radioactive waste in the course of or incident to
20manufacturing, power generation, processing, medical diagnosis
21and treatment, research, education or other activity.
22    "Hazardous waste" means a waste, or combination of wastes,
23which because of its quantity, concentration, or physical,
24chemical, or infectious characteristics may cause or
25significantly contribute to an increase in mortality or an
26increase in serious, irreversible, or incapacitating



HB1209 Enrolled- 28 -LRB098 08975 NHT 39109 b

1reversible, illness; or pose a substantial present or potential
2hazard to human health or the environment when improperly
3treated, stored, transported, or disposed of, or otherwise
4managed, and which has been identified, by characteristics or
5listing, as hazardous under Section 3001 of the Resource
6Conservation and Recovery Act of 1976, P.L. 94-580 or under
7regulations of the Pollution Control Board.
8    "High-level radioactive waste" means:
9        (1) the highly radioactive material resulting from the
10    reprocessing of spent nuclear fuel including liquid waste
11    produced directly in reprocessing and any solid material
12    derived from the liquid waste that contains fission
13    products in sufficient concentrations; and
14        (2) the highly radioactive material that the Nuclear
15    Regulatory Commission has determined, on the effective
16    date of this Amendatory Act of 1988, to be high-level
17    radioactive waste requiring permanent isolation.
18    "Low-level radioactive waste" or "waste" means radioactive
19waste not classified as high-level radioactive waste,
20transuranic waste, spent nuclear fuel or byproduct material as
21defined in Section 11e(2) of the Atomic Energy Act of 1954 (42
22U.S.C. 2014).
23    "Mixed waste" means waste that is both "hazardous waste"
24and "low-level radioactive waste" as defined in this Act.
25    "Person" means an individual, corporation, business
26enterprise or other legal entity either public or private and



HB1209 Enrolled- 29 -LRB098 08975 NHT 39109 b

1any legal successor, representative, agent or agency of that
2individual, corporation, business enterprise, or legal entity.
3    "Post-closure care" means the continued monitoring of the
4regional disposal facility after closure for the purposes of
5detecting a need for maintenance, ensuring environmental
6safety, and determining compliance with applicable licensure
7and regulatory requirements, and includes undertaking any
8remedial actions necessary to protect public health and the
9environment from radioactive releases from the facility.
10    "Regional disposal facility" or "disposal facility" means
11the facility established by the State of Illinois under this
12Act for disposal away from the point of generation of waste
13generated in the region of the Compact.
14    "Release" means any spilling, leaking, pumping, pouring,
15emitting, emptying, discharging, injecting, escaping,
16leaching, dumping or disposing into the environment of
17low-level radioactive waste.
18    "Remedial action" means those actions taken in the event of
19a release or threatened release of low-level radioactive waste
20into the environment, to prevent or minimize the release of the
21waste so that it does not migrate to cause substantial danger
22to present or future public health or welfare or the
23environment. The term includes, but is not limited to, actions
24at the location of the release such as storage, confinement,
25perimeter protection using dikes, trenches or ditches, clay
26cover, neutralization, cleanup of released low-level



HB1209 Enrolled- 30 -LRB098 08975 NHT 39109 b

1radioactive wastes, recycling or reuse, dredging or
2excavations, repair or replacement of leaking containers,
3collection of leachate and runoff, onsite treatment or
4incineration, provision of alternative water supplies and any
5monitoring reasonably required to assure that these actions
6protect human health and the environment.
7    "Scientific Surveys" means, collectively, the Illinois
8State Geological Survey and the Illinois State Water Survey of
9the University of Illinois.
10    "Shallow land burial" means a land disposal facility in
11which radioactive waste is disposed of in or within the upper
1230 meters of the earth's surface. However, this definition
13shall not include an enclosed, engineered, structurally
14re-enforced and solidified bunker that extends below the
15earth's surface.
16    "Storage" means the temporary holding of waste for
17treatment or disposal for a period determined by Agency
19    "Treatment" means any method, technique or process,
20including storage for radioactive decay, designed to change the
21physical, chemical or biological characteristics or
22composition of any waste in order to render the waste safer for
23transport, storage or disposal, amenable to recovery,
24convertible to another usable material or reduced in volume.
25    "Waste management" means the storage, transportation,
26treatment or disposal of waste.



HB1209 Enrolled- 31 -LRB098 08975 NHT 39109 b

1(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; 95-777, eff.
28-4-08; 96-328, eff. 8-11-09.)
3    Section 50. The Wildlife Code is amended by changing
4Section 1.3 as follows:
5    (520 ILCS 5/1.3)
6    Sec. 1.3. The Department shall have the authority to manage
7wildlife and regulate the taking of wildlife for the purposes
8of providing public recreation and controlling wildlife
9populations. The seasons during which wildlife may be taken,
10the methods for taking wildlife, the daily bag limits, and the
11possession limits shall be established by the Department
12through administrative rule, but the Department may not provide
13for a longer season, a larger daily bag limit, or a larger
14possession limit than is provided in this Code.
15    The Natural Resources Advisory Board may also recommend to
16the Director of Natural Resources any reductions or increases
17of seasons and bag or possession limits or the closure of any
18season when research and inventory data indicate the need for
19such changes.
20    The Department is authorized to establish seasons for the
21taking of migratory birds within the dates established annually
22by Proclamation of the Secretary, United States Department of
23the Interior, known as the "Rules and Regulations for Migratory
24Bird Hunting" (50 CFR 20 et seq.). When the biological balance



HB1209 Enrolled- 32 -LRB098 08975 NHT 39109 b

1of any species is affected, the Director may with the approval
2of the Conservation Advisory Board, by administrative rule,
3lengthen, shorten or close the season during which waterfowl
4may be taken within the federal limitations prescribed. If the
5Department does not adopt an administrative rule establishing a
6season, then the season shall be as set forth in the current
7"Rules and Regulations for Migratory Bird Hunting". The
8Department shall advise the public by reasonable means of the
9dates of the various seasons.
10    The Department may utilize the services of the staff of the
11Illinois State Natural History Survey of the University of
12Illinois for making investigations as to the population status
13of the various species of wildlife.
14    Employees or agents of any state, federal, or municipal
15government or body when engaged in investigational work and law
16enforcement, may with prior approval of the Director, be
17exempted from the provisions of this Act.
18(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
19    (30 ILCS 105/8.24 rep.)
20    Section 55. The State Finance Act is amended by repealing
21Section 8.24.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.



HB1209 Enrolled- 33 -LRB098 08975 NHT 39109 b

2 Statutes amended in order of appearance
3    20 ILCS 605/605-515was 20 ILCS 605/46.13a
4    20 ILCS 608/15
5    20 ILCS 1130/3from Ch. 111 1/2, par. 6803
6    20 ILCS 1130/4from Ch. 111 1/2, par. 6804
7    20 ILCS 1130/6from Ch. 111 1/2, par. 6806
8    20 ILCS 3954/15
9    110 ILCS 355/3000-5was 110 ILCS 355/62
10    110 ILCS 425/5
11    110 ILCS 425/10
12    110 ILCS 425/15
13    110 ILCS 425/20
14    110 ILCS 425/55
15    225 ILCS 730/1from Ch. 96 1/2, par. 5201
16    415 ILCS 85/3from Ch. 111 1/2, par. 7953
17    415 ILCS 85/5from Ch. 111 1/2, par. 7955
18    420 ILCS 20/3from Ch. 111 1/2, par. 241-3
19    520 ILCS 5/1.3
20    30 ILCS 105/8.24 rep.