Full Text of SB2903 93rd General Assembly
SB2903 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2903
Introduced 2/6/2004, by Bill Brady SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/21.1 |
from Ch. 111 1/2, par. 1021.1 |
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Amends the Environmental Protection Act. Requires the Department to establish and maintain a program to monitor the status of performance bonds or other security required to operate a solid waste disposal site. Provides that if the Agency determines that a bond or other security is insufficient to ensure the closure of a site and post-closure care, the Agency must notify that operator of the site of the insufficiency and require any additional security and requires the operator to obtain additional security. Provides that if, upon or after the closure of a site, a performance bond or other security required under this Section is discovered to be insufficient to ensure the closure of a site and post-closure care
in accordance with this Act, the Agency shall use any unencumbered moneys in the Landfill Closure and Post-Closure Fund for the purpose of taking any action necessary to bring the closure and post-closure of the site into compliance with this Act, and, if no unencumbered moneys exist in the Fund, the Department shall request from the General Assembly an appropriation to the Fund to bring the closure and post-closure of the site into compliance with this Act. Effective immediately.
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A BILL FOR
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SB2903 |
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| AN ACT concerning environmental protection.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 21.1 as follows:
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| (415 ILCS 5/21.1) (from Ch. 111 1/2, par. 1021.1)
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| Sec. 21.1. (a) Except as provided in subsection (a.5), no | 8 |
| person other
than the State of Illinois, its agencies and | 9 |
| institutions, or a unit of local
government shall conduct any | 10 |
| waste disposal operation on or after March 1,
1985, which | 11 |
| requires a permit under subsection (d) of Section 21 of this | 12 |
| Act,
unless such person has posted with the Agency a | 13 |
| performance bond or other
security for the purpose of insuring | 14 |
| closure of the site and post-closure care
in accordance with | 15 |
| this Act and regulations adopted thereunder.
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| (a.5) On and after the effective date established by the | 17 |
| United
States Environmental Protection Agency for MSWLF units | 18 |
| to provide financial
assurance under Subtitle D of the Resource | 19 |
| Conservation and Recovery Act, no
person, other than
the State | 20 |
| of
Illinois, its agencies and institutions, shall conduct any | 21 |
| disposal operation
at a MSWLF unit that requires a permit under | 22 |
| subsection (d) of Section 21 of
this Act, unless that person | 23 |
| has posted with the Agency a performance bond or
other security | 24 |
| for the purposes of:
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| (1) insuring closure of the site and post-closure care | 26 |
| in accordance with
this Act and its rules; and
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| (2) insuring completion of a corrective action remedy | 28 |
| when required by
Board rules adopted under Section 22.40 of | 29 |
| this Act or when required by
Section 22.41 of this Act.
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| The performance bond or other security requirement set | 31 |
| forth in this
Section
may be fulfilled by closure or | 32 |
| post-closure insurance, or both, issued by an
insurer
licensed |
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| to transact the business of insurance by the Department of | 2 |
| Insurance
or at a minimum the insurer must be licensed to | 3 |
| transact the business of
insurance or approved to provide | 4 |
| insurance as an excess or surplus lines
insurer by the | 5 |
| insurance department in one or more states.
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| (b) On or before January 1, 1985, the Board shall adopt | 7 |
| regulations to
promote the purposes of this Section. Without | 8 |
| limiting the generality of
this authority, such regulations | 9 |
| may, among other things, prescribe the
type and amount of the | 10 |
| performance bonds or other securities required under
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| subsections (a) and (a.5) of this Section, and the conditions | 12 |
| under which the
State is entitled to collect monies from such | 13 |
| performance bonds or other
securities. The bond amount shall be | 14 |
| directly related to the design and volume
of the site. The cost | 15 |
| estimate for the post-closure care of a MSWLF unit shall
be | 16 |
| calculated using a 30 year post-closure care period or such | 17 |
| other period as
may be approved by the Agency under Board or | 18 |
| federal rules. On and after the
effective date established by | 19 |
| the United States Environmental Protection Agency
for MSWLF | 20 |
| units to provide financial assurance under Subtitle D of the | 21 |
| Resource
Conservation and Recovery Act, closure,
post-closure | 22 |
| care, and corrective action cost estimates for MSWLF units | 23 |
| shall
be in current dollars.
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| (c) There is hereby created within the State Treasury a | 25 |
| special fund to
be known as the "Landfill Closure and | 26 |
| Post-Closure Fund". Any monies forfeited
to the State of | 27 |
| Illinois from any performance bond or other security required
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| under this Section shall be placed in the "Landfill Closure and | 29 |
| Post-Closure
Fund" and shall, upon approval by the Governor and | 30 |
| the Director, be used
by and under the direction of the Agency | 31 |
| for the purposes for which such
performance bond or other | 32 |
| security was issued. The Landfill Closure and
Post-Closure Fund | 33 |
| is not subject to the provisions of subsection (c) of Section
5 | 34 |
| of the State Finance Act.
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| (d) The Agency is authorized to enter into such contracts | 36 |
| and agreements
as it may deem necessary to carry out the |
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| purposes of this Section. Neither
the State, nor the Director, | 2 |
| nor any State employee shall be liable for
any damages or | 3 |
| injuries arising out of or resulting from any action taken
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| under this Section.
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| (e) The Agency shall have the authority to approve or | 6 |
| disapprove any
performance bond or other security posted | 7 |
| pursuant to subsection (a) or
(a.5) of
this Section. Any person | 8 |
| whose performance bond or other security is
disapproved by the | 9 |
| Agency may contest the disapproval as a permit denial
appeal | 10 |
| pursuant to Section 40 of this Act.
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| (f) The Agency may establish such procedures as it may deem | 12 |
| necessary
for the purpose of implementing and executing its | 13 |
| responsibilities under this
Section.
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| (g) Nothing in this Section shall bar a cause of action by | 15 |
| the State for
any other penalty or relief provided by this Act | 16 |
| or any other law. | 17 |
| (h) The Agency must establish and maintain a program to | 18 |
| monitor the status of any performance bond or other security | 19 |
| required under this Section. If, for any reason, the Agency | 20 |
| deems that a bond or other security is insufficient to ensure | 21 |
| the closure of a site and post-closure care
in accordance with | 22 |
| this Act, the Agency must notify the operator of the | 23 |
| insufficiency and require any additional security to ensure | 24 |
| compliance with this Act. Any person who fails to obtain | 25 |
| additional security within a reasonable time, as determined by | 26 |
| the Agency, commits a violation of this Act. | 27 |
| (i) If, upon or after the closure of a site, a performance | 28 |
| bond or other security required under this Section is | 29 |
| discovered to be insufficient to ensure the closure of a site | 30 |
| and post-closure care
in accordance with this Act, the Agency | 31 |
| shall use any unencumbered moneys in the Landfill Closure and | 32 |
| Post-Closure Fund for the purpose of taking any action | 33 |
| necessary to bring the closure and post-closure of the site | 34 |
| into compliance with this Act. If no unencumbered moneys exist | 35 |
| in the Fund, the Department shall request from the General | 36 |
| Assembly an appropriation to the Fund to bring the closure and |
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| post-closure of the site into compliance with this Act.
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| (Source: P.A. 88-496; 88-512; 89-200, eff. 1-1-96.)
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| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
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