Full Text of SB0863 97th General Assembly
SB0863sam001 97TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 863
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 863 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Waukegan Harbor Remedy Facilitation Act. | 6 | | Section 5. Findings. The General Assembly finds: | 7 | | (a) The Waukegan Port District is a political subdivision, | 8 | | body politic, and municipal corporation created pursuant to the | 9 | | Waukegan Port District Act.
| 10 | | (b) The United States Environmental Protection Agency has | 11 | | made a decision to further remediate the Waukegan Harbor under | 12 | | the provisions of the Comprehensive Environmental Response | 13 | | Compensation and Liability Act, 42 U.S.C.A. §§9601-9675 | 14 | | (CERCLA). The remediation plan is to hydraulically dredge | 15 | | sediment from the harbor. The dredged material is to be placed | 16 | | into a cell for permanent containment. The sediments to be |
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| 1 | | dredged would include low-level poly-chlorinated biphenyl | 2 | | contamination.
| 3 | | (c) The cost of on land transport and permanent on land | 4 | | disposal is significantly higher than originally anticipated | 5 | | by the United States, even though the materials are not | 6 | | regarded as toxic or RCRA hazardous wastes.
| 7 | | (d) The Waukegan Port District, in cooperation with the | 8 | | United States Environmental Protection Agency, the United | 9 | | States Secretary of Defense, acting through the U.S. Army Corps | 10 | | of Engineers, the State of Illinois Department of Natural | 11 | | Resources, the Illinois Environmental Protection Agency, the | 12 | | City of Waukegan, and other agencies and persons has developed | 13 | | a plan that would benefit the public and the environment by | 14 | | allowing the further remediation of the Waukegan Harbor, while | 15 | | providing an additional recreational facility for boating, | 16 | | fishing, and other recreation.
| 17 | | (e) The construction of a permanent confined disposal | 18 | | facility (CDF) on approximately 14 acres more or less adjacent | 19 | | to the current South Harbor mooring areas of the Waukegan | 20 | | Harbor is a potential alternative for PCB sediment disposal | 21 | | that would be cost-effective in allowing the dredgings from | 22 | | Waukegan Harbor to be permanently enclosed and sealed from | 23 | | exposure to people, marine life, and the environment.
| 24 | | (f) The further enhancement of Waukegan Harbor by the | 25 | | construction of a permanent CDF in the identified area is in | 26 | | the public interest. Enabling the further remediation of |
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| 1 | | Waukegan Harbor to include the provision and use of a confined | 2 | | disposal facility as authorized under this Act would be of | 3 | | great and direct public benefit.
| 4 | | (g) There would be a net benefit to the public by keeping | 5 | | the contaminated soils and sediments that are already in Lake | 6 | | Michigan from further contamination of open waters and also | 7 | | from threatening any on shore release or exposure. Recreational | 8 | | use to be made of the top of the confined and filled area would | 9 | | be of significant public benefit, as well.
| 10 | | (h) No substantial benefit is conferred upon a private | 11 | | interest or firm by reason of the approval of the CDF | 12 | | construction, because the Waukegan Port District is a public | 13 | | body whose activity is for the public benefit and because the | 14 | | contamination in soils and sediments to be disposed of was | 15 | | caused by Outboard Marine Corporation, a bankrupt and defunct | 16 | | concern. Most of the cost of construction of the remedy, | 17 | | including the CDF, will be borne by the United States.
| 18 | | (i) The use of CDFs has already successfully occurred | 19 | | elsewhere on the Great Lakes, including at Calumet Harbor in | 20 | | Illinois, Milwaukee Harbor in Wisconsin, and in Canadian | 21 | | waters. There is a successful confinement in former slip number | 22 | | 3 at Waukegan Harbor, and others are planned.
| 23 | | (j) The CDF will further benefit the public by providing | 24 | | new habitat for natural marine, bird, and other life along its | 25 | | edges, and its top would become a functional space supporting | 26 | | additional mooring, fishing, and other recreation.
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| 1 | | (k) The use of the designated area as a CDF will provide | 2 | | financial savings to the State of Illinois of an estimated | 3 | | several million dollars through credit for the in-kind | 4 | | provision of the CDF land for the Harbor's further remedy. CDF | 5 | | disposal will also significantly reduce the cost for the United | 6 | | States.
| 7 | | (l) Irrespective of whether the CDF is used to contain the | 8 | | low level PCB dredging, a CDF and associated breakwater | 9 | | construction will allow the Waukegan Port District to | 10 | | economically provide additional recreational boating and | 11 | | fishing opportunity to the general public by dredging and | 12 | | filling the CDF with uncontaminated sediments for an expanded | 13 | | marina area.
| 14 | | (m) Final decisions on the components of the Waukegan | 15 | | Harbor further remediation are the responsibility of the United | 16 | | States Environmental Protection Agency (USEPA) pursuant to | 17 | | CERCLA.
| 18 | | (n) Provision of the lakebed land for construction of the | 19 | | CDF authorized by this Act is in the public interests and | 20 | | consistent with the public trust.
| 21 | | Section 10. Authorization and use of a confined disposal | 22 | | facility. | 23 | | (a) The CDF may be constructed by the United States if the | 24 | | United States determines that use of the CDF for permanent | 25 | | disposal of low-level PCB sediments is to be part of the |
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| 1 | | further remediation of Waukegan Harbor. | 2 | | (b) If the USEPA decides to employ a CDF at Waukegan Harbor | 3 | | for its further remediation pursuant to CERCLA, the Department | 4 | | of Natural Resources is directed to review and to determine, in | 5 | | cooperation with USEPA and the Waukegan Port District, the | 6 | | location of the approximately 14-acre area upon which a CDF | 7 | | shall be best placed. | 8 | | (c) The Department of Natural Resources shall also receive | 9 | | and act appropriately to grant permission to the Waukegan Port | 10 | | District or the United States to construct a breakwater wall | 11 | | that will be designed to protect moored vessels and the CDF | 12 | | from heavy wave action or seiche action on Lake Michigan. | 13 | | (d) Under Section 18 of the Rivers, Lakes, and Streams Act, | 14 | | the building of a harbor or mooring facility shall not commence | 15 | | without a permit from the Department of Natural Resources, and | 16 | | the facilities shall be confined to those areas recommended by | 17 | | the Department of Natural Resources, authorized by the General | 18 | | Assembly, and approved by the Governor and shall be in aid of | 19 | | and not an interference with the public interest or navigation. | 20 | | (e) The Department of Natural Resources is also authorized | 21 | | to allow the establishment of moorings, boat slips, dockage, | 22 | | and other improvements by the Waukegan Port District in the | 23 | | area generally to be within the partly sheltered waters formed | 24 | | by the new breakwater and the CDF, east of the existing South | 25 | | Harbor and south of the entrance channel, provided acceptable | 26 | | permit applications are submitted by the Waukegan Port |
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| 1 | | District.
| 2 | | (f) The jurisdiction and control of the Department of | 3 | | Natural Resources over the bed of Lake Michigan under the | 4 | | Rivers, Lakes, and Streams Act shall not be diminished or | 5 | | limited by the authorization and approval granted under this | 6 | | Act, title to the bed of Lake Michigan in both the harbor and | 7 | | mooring area shall remain in the State of Illinois, and no | 8 | | improvements, other than those authorized and approved | 9 | | pursuant to this Act, shall be made without the further | 10 | | authorization and approval of the Department. | 11 | | Section 15. Power and Duties. | 12 | | (a) Subject to the Waukegan Port District obtaining all | 13 | | required permissions, the Waukegan Port District is authorized | 14 | | to expand its existing South Harbor boating and recreational | 15 | | facilities to the east, south of the existing channel | 16 | | breakwater, to include new boat slips, a new breakwater, | 17 | | suitable public recreational space, ancillary boating service, | 18 | | and other suitable improvements atop of the enclosed surface | 19 | | area of a CDF.
| 20 | | (b) The Waukegan Port District shall continue to cooperate | 21 | | with the United States as it deems reasonable and appropriate | 22 | | respecting the Waukegan Harbor further remediation. The | 23 | | Waukegan Port District may contract with the United States for | 24 | | operation and maintenance obligations respecting the CDF, | 25 | | provided that the United States assumes any and all liability |
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| 1 | | for the construction, maintenance, and operation of the CDF or, | 2 | | alternatively, provided the United States extends to the State | 3 | | of Illinois and Waukegan Port District contribution protection | 4 | | under CERCLA and other protection acceptable to the Waukegan | 5 | | Port District and the State from all claims arising from the | 6 | | construction, maintenance, and operation of the CDF.
| 7 | | (c) The expanded South Harbor facilities shall otherwise be | 8 | | managed and maintained in accordance with the Waukegan Port | 9 | | District Act.
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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