Full Text of HB0911 93rd General Assembly
HB0911sam008 93RD GENERAL ASSEMBLY
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Sen. Bill Brady
Filed: 11/16/2004
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| AMENDMENT TO HOUSE BILL 911
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| AMENDMENT NO. ______. Amend House Bill 911, AS AMENDED, | 3 |
| with reference to page and line numbers of Senate Amendment No. | 4 |
| 7, as follows: | 5 |
| on page 1, line 5, by changing "Section 3.330" to "Sections | 6 |
| 3.330 and 21.1"; and
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| on page 4, immediately below line 4, by inserting the | 8 |
| following:
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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 | 11 |
| person other
than the State of Illinois, its agencies and | 12 |
| institutions, or a unit of local
government shall conduct any | 13 |
| waste disposal operation on or after March 1,
1985, which | 14 |
| requires a permit under subsection (d) of Section 21 of this | 15 |
| Act,
unless such person has posted with the Agency a | 16 |
| performance bond or other
security for the purpose of insuring | 17 |
| closure of the site and post-closure care
in accordance with | 18 |
| this Act and regulations adopted thereunder.
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| (a.5) On and after the effective date established by the | 20 |
| United
States Environmental Protection Agency for MSWLF units | 21 |
| to provide financial
assurance under Subtitle D of the Resource | 22 |
| Conservation and Recovery Act, no
person, other than
the State | 23 |
| of
Illinois, its agencies and institutions, shall conduct any |
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| disposal operation
at a MSWLF unit that requires a permit under | 2 |
| subsection (d) of Section 21 of
this Act, unless that person | 3 |
| has posted with the Agency a performance bond or
other security | 4 |
| for the purposes of:
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| (1) insuring closure of the site and post-closure care | 6 |
| in accordance with
this Act and its rules; and
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| (2) insuring completion of a corrective action remedy | 8 |
| when required by
Board rules adopted under Section 22.40 of | 9 |
| this Act or when required by
Section 22.41 of this Act.
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| The performance bond or other security requirement set | 11 |
| forth in this
Section
may be fulfilled by closure or | 12 |
| post-closure insurance, or both, issued by an
insurer
licensed | 13 |
| to transact the business of insurance by the Department of | 14 |
| Insurance
or at a minimum the insurer must be licensed to | 15 |
| transact the business of
insurance or approved to provide | 16 |
| insurance as an excess or surplus lines
insurer by the | 17 |
| insurance department in one or more states.
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| (b) On or before January 1, 1985, the Board shall adopt | 19 |
| regulations to
promote the purposes of this Section. Without | 20 |
| limiting the generality of
this authority, such regulations | 21 |
| may, among other things, prescribe the
type and amount of the | 22 |
| performance bonds or other securities required under
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| subsections (a) and (a.5) of this Section, and the conditions | 24 |
| under which the
State is entitled to collect monies from such | 25 |
| performance bonds or other
securities. The bond amount shall be | 26 |
| directly related to the design and volume
of the site. The cost | 27 |
| estimate for the post-closure care of a MSWLF unit shall
be | 28 |
| calculated using a 30 year post-closure care period or such | 29 |
| other period as
may be approved by the Agency under Board or | 30 |
| federal rules. On and after the
effective date established by | 31 |
| the United States Environmental Protection Agency
for MSWLF | 32 |
| units to provide financial assurance under Subtitle D of the | 33 |
| Resource
Conservation and Recovery Act, closure,
post-closure | 34 |
| care, and corrective action cost estimates for MSWLF units |
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| shall
be in current dollars.
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| (c) There is hereby created within the State Treasury a | 3 |
| special fund to
be known as the "Landfill Closure and | 4 |
| Post-Closure Fund". Any monies forfeited
to the State of | 5 |
| Illinois from any performance bond or other security required
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| under this Section shall be placed in the "Landfill Closure and | 7 |
| Post-Closure
Fund" and shall, upon approval by the Governor and | 8 |
| the Director, be used
by and under the direction of the Agency | 9 |
| for the purposes for which such
performance bond or other | 10 |
| security was issued. The Landfill Closure and
Post-Closure Fund | 11 |
| is not subject to the provisions of subsection (c) of Section
5 | 12 |
| of the State Finance Act.
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| (d) The Agency is authorized to enter into such contracts | 14 |
| and agreements
as it may deem necessary to carry out the | 15 |
| purposes of this Section. Neither
the State, nor the Director, | 16 |
| nor any State employee shall be liable for
any damages or | 17 |
| 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 | 20 |
| disapprove any
performance bond or other security posted | 21 |
| pursuant to subsection (a) or
(a.5) of
this Section. Any person | 22 |
| whose performance bond or other security is
disapproved by the | 23 |
| Agency may contest the disapproval as a permit denial
appeal | 24 |
| pursuant to Section 40 of this Act.
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| (f) The Agency may establish such procedures as it may deem | 26 |
| necessary
for the purpose of implementing and executing its | 27 |
| responsibilities under this
Section.
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| (g) Nothing in this Section shall bar a cause of action by | 29 |
| the State for
any other penalty or relief provided by this Act | 30 |
| or any other law. | 31 |
| (h) The Agency must establish and maintain a program to | 32 |
| monitor the status of any performance bond or other security | 33 |
| required under this Section. If, for any reason, the Agency | 34 |
| deems that a bond or other security is insufficient to ensure |
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| the closure of a site and post-closure care
in accordance with | 2 |
| this Act, the Agency must notify the operator of the | 3 |
| insufficiency and require any additional security to ensure | 4 |
| compliance with this Act. Any person who fails to obtain | 5 |
| additional security within a reasonable time, as determined by | 6 |
| the Agency, commits a violation of this Act. | 7 |
| (i) If, upon or after the closure of a site, a performance | 8 |
| bond or other security required under this Section is | 9 |
| discovered to be insufficient to ensure the closure of a site | 10 |
| and post-closure care
in accordance with this Act, the Agency | 11 |
| shall use any unencumbered moneys in the Landfill Closure and | 12 |
| Post-Closure Fund for the purpose of taking any action | 13 |
| necessary to bring the closure and post-closure of the site | 14 |
| into compliance with this Act. If no unencumbered moneys exist | 15 |
| in the Fund, the Department shall request from the General | 16 |
| Assembly an appropriation to the Fund to bring the closure and | 17 |
| 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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