Full Text of SB2947 97th General Assembly
SB2947 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2947 Introduced 2/1/2012, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
|
415 ILCS 5/21.1 | from Ch. 111 1/2, par. 1021.1 |
|
Amends the Environmental Protection Act. Provides that, except as otherwise provided in the Act, no person other
than the State of Illinois, its agencies and institutions, or a unit of local
government shall own or operate (rather than conduct) any waste disposal operation on or after March 1,
1985, which requires a specified permit,
unless that person has posted with the Agency a performance bond or other
security. Provides that, on and after the effective date established by the USEPA for MSWLF units to provide financial
assurance under Subtitle D of the Resource Conservation and Recovery Act, no
person, other than
the State of
Illinois, its agencies and institutions, shall own or operate (rather than conduct) any disposal operation
at a MSWLF unit that requires a specified permit, unless that person has posted with the Agency a performance bond or
other security. Effective immediately.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | SB2947 | | LRB097 14305 JDS 59086 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 5. The Environmental Protection Act is amended by | 5 | | changing Section 21.1 as follows:
| 6 | | (415 ILCS 5/21.1) (from Ch. 111 1/2, par. 1021.1)
| 7 | | 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 own or | 10 | | operate conduct any waste disposal operation on or after March | 11 | | 1,
1985, which requires a permit under subsection (d) of | 12 | | Section 21 of this Act,
unless such person has posted with the | 13 | | Agency a performance bond or other
security for the purpose of | 14 | | insuring closure of the site and post-closure care
in | 15 | | accordance with this Act and regulations adopted thereunder.
| 16 | | (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 own or | 21 | | operate conduct any disposal operation
at a MSWLF unit that | 22 | | requires a permit under subsection (d) of Section 21 of
this | 23 | | Act, unless that person has posted with the Agency a |
| | | SB2947 | - 2 - | LRB097 14305 JDS 59086 b |
|
| 1 | | performance bond or
other security for the purposes of:
| 2 | | (1) insuring closure of the site and post-closure care | 3 | | in accordance with
this Act and its rules; and
| 4 | | (2) insuring completion of a corrective action remedy | 5 | | when required by
Board rules adopted under Section 22.40 of | 6 | | this Act or when required by
Section 22.41 of this Act.
| 7 | | The performance bond or other security requirement set | 8 | | forth in this
Section
may be fulfilled by closure or | 9 | | post-closure insurance, or both, issued by an
insurer
licensed | 10 | | to transact the business of insurance by the Department of | 11 | | Insurance
or at a minimum the insurer must be licensed to | 12 | | transact the business of
insurance or approved to provide | 13 | | insurance as an excess or surplus lines
insurer by the | 14 | | insurance department in one or more states.
| 15 | | (b) On or before January 1, 1985, the Board shall adopt | 16 | | regulations to
promote the purposes of this Section. Without | 17 | | limiting the generality of
this authority, such regulations | 18 | | may, among other things, prescribe the
type and amount of the | 19 | | performance bonds or other securities required under
| 20 | | subsections (a) and (a.5) of this Section, and the conditions | 21 | | under which the
State is entitled to collect monies from such | 22 | | performance bonds or other
securities. The bond amount shall be | 23 | | directly related to the design and volume
of the site. The cost | 24 | | estimate for the post-closure care of a MSWLF unit shall
be | 25 | | calculated using a 30 year post-closure care period or such | 26 | | other period as
may be approved by the Agency under Board or |
| | | SB2947 | - 3 - | LRB097 14305 JDS 59086 b |
|
| 1 | | federal rules. On and after the
effective date established by | 2 | | the United States Environmental Protection Agency
for MSWLF | 3 | | units to provide financial assurance under Subtitle D of the | 4 | | Resource
Conservation and Recovery Act, closure,
post-closure | 5 | | care, and corrective action cost estimates for MSWLF units | 6 | | shall
be in current dollars.
| 7 | | (c) There is hereby created within the State Treasury a | 8 | | special fund to
be known as the "Landfill Closure and | 9 | | Post-Closure Fund". Any monies forfeited
to the State of | 10 | | Illinois from any performance bond or other security required
| 11 | | under this Section shall be placed in the "Landfill Closure and | 12 | | Post-Closure
Fund" and shall, upon approval by the Governor and | 13 | | the Director, be used
by and under the direction of the Agency | 14 | | for the purposes for which such
performance bond or other | 15 | | security was issued. The Landfill Closure and
Post-Closure Fund | 16 | | is not subject to the provisions of subsection (c) of Section
5 | 17 | | of the State Finance Act.
| 18 | | (d) The Agency is authorized to enter into such contracts | 19 | | and agreements
as it may deem necessary to carry out the | 20 | | purposes of this Section. Neither
the State, nor the Director, | 21 | | nor any State employee shall be liable for
any damages or | 22 | | injuries arising out of or resulting from any action taken
| 23 | | under this Section.
| 24 | | (e) The Agency shall have the authority to approve or | 25 | | disapprove any
performance bond or other security posted | 26 | | pursuant to subsection (a) or
(a.5) of
this Section. Any person |
| | | SB2947 | - 4 - | LRB097 14305 JDS 59086 b |
|
| 1 | | whose performance bond or other security is
disapproved by the | 2 | | Agency may contest the disapproval as a permit denial
appeal | 3 | | pursuant to Section 40 of this Act.
| 4 | | (f) The Agency may establish such procedures as it may deem | 5 | | necessary
for the purpose of implementing and executing its | 6 | | responsibilities under this
Section.
| 7 | | (g) Nothing in this Section shall bar a cause of action by | 8 | | the State for
any other penalty or relief provided by this Act | 9 | | or any other law.
| 10 | | (Source: P.A. 88-496; 88-512; 89-200, eff. 1-1-96.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
|
|