Full Text of SB1868 98th General Assembly
SB1868sam003 98TH GENERAL ASSEMBLY | Sen. Chapin Rose Filed: 3/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1868
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1868, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment No. | 4 | | 1, as follows:
| 5 | | on page 1, line 5, by replacing "Section 39" with "Sections | 6 | | 21.1 and 39"; and | 7 | | on page 1, immediately below line 5, by inserting the | 8 | | following:
| 9 | | "(415 ILCS 5/21.1) (from Ch. 111 1/2, par. 1021.1)
| 10 | | 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 own or | 13 | | operate a MSWLF unit or other waste disposal operation on or | 14 | | after March 1,
1985, which requires a permit under subsection | 15 | | (d) of Section 21 of this Act,
unless such person has posted |
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| 1 | | with the Agency a performance bond or other
security for the | 2 | | purpose of insuring closure of the site and post-closure care
| 3 | | in accordance with this Act and regulations adopted thereunder.
| 4 | | (a.5) On and after the effective date established by the | 5 | | United
States Environmental Protection Agency for MSWLF units | 6 | | to provide financial
assurance under Subtitle D of the Resource | 7 | | Conservation and Recovery Act, no
person, other than
the State | 8 | | of
Illinois, its agencies and institutions, shall own or | 9 | | operate a MSWLF unit that requires a permit under subsection | 10 | | (d) of Section 21 of
this Act, unless that person has posted | 11 | | with the Agency a performance bond or
other security for the | 12 | | purposes of:
| 13 | | (1) insuring closure of the site and post-closure care | 14 | | in accordance with
this Act and its rules; and
| 15 | | (2) insuring completion of a corrective action remedy | 16 | | when required by
Board rules adopted under Section 22.40 of | 17 | | this Act or when required by
Section 22.41 of this Act.
| 18 | | The performance bond or other security requirement set | 19 | | forth in this
Section
may be fulfilled by closure or | 20 | | post-closure insurance, or both, issued by an
insurer
licensed | 21 | | to transact the business of insurance by the Department of | 22 | | Insurance
or at a minimum the insurer must be licensed to | 23 | | transact the business of
insurance or approved to provide | 24 | | insurance as an excess or surplus lines
insurer by the | 25 | | insurance department in one or more states.
| 26 | | (a.6) Beginning on the effective date of this amendatory |
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| 1 | | Act of the 98th General Assembly, no person shall own or | 2 | | operate any site or facility for the treatment, storage, or | 3 | | disposal of polychlorinated biphenyls (PCBs) or PCB Items | 4 | | regulated under Subpart D of 40 C.F.R. 761, unless that person | 5 | | has established a perpetual trust for the care and closure of | 6 | | that site or facility. As soon as practicable after the | 7 | | effective date of this amendatory Act of the 98th General | 8 | | Assembly, the Agency shall adopt rules setting forth the | 9 | | requirements that are applicable to trusts required under this | 10 | | Section. | 11 | | (b) On or before January 1, 1985, the Board shall adopt | 12 | | regulations to
promote the purposes of this Section. Without | 13 | | limiting the generality of
this authority, such regulations | 14 | | may, among other things, prescribe the
type and amount of the | 15 | | performance bonds or other securities required under
| 16 | | subsections (a) and (a.5) of this Section, and the conditions | 17 | | under which the
State is entitled to collect monies from such | 18 | | performance bonds or other
securities. The bond amount shall be | 19 | | directly related to the design and volume
of the site. The cost | 20 | | estimate for the post-closure care of a MSWLF unit shall
be | 21 | | calculated using a 30 year post-closure care period or such | 22 | | other period as
may be approved by the Agency under Board or | 23 | | federal rules. On and after the
effective date established by | 24 | | the United States Environmental Protection Agency
for MSWLF | 25 | | units to provide financial assurance under Subtitle D of the | 26 | | Resource
Conservation and Recovery Act, closure,
post-closure |
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| 1 | | care, and corrective action cost estimates for MSWLF units | 2 | | shall
be in current dollars.
| 3 | | (c) There is hereby created within the State Treasury a | 4 | | special fund to
be known as the "Landfill Closure and | 5 | | Post-Closure Fund". Any monies forfeited
to the State of | 6 | | Illinois from any performance bond or other security required
| 7 | | under this Section shall be placed in the "Landfill Closure and | 8 | | Post-Closure
Fund" and shall, upon approval by the Governor and | 9 | | the Director, be used
by and under the direction of the Agency | 10 | | for the purposes for which such
performance bond or other | 11 | | security was issued. The Landfill Closure and
Post-Closure Fund | 12 | | is not subject to the provisions of subsection (c) of Section
5 | 13 | | of the State Finance Act.
| 14 | | (d) The Agency is authorized to enter into such contracts | 15 | | and agreements
as it may deem necessary to carry out the | 16 | | purposes of this Section. Neither
the State, nor the Director, | 17 | | nor any State employee shall be liable for
any damages or | 18 | | injuries arising out of or resulting from any action taken
| 19 | | under this Section.
| 20 | | (e) The Agency shall have the authority to approve or | 21 | | disapprove any
performance bond or other security posted | 22 | | pursuant to subsection (a) or
(a.5) of
this Section. Any person | 23 | | whose performance bond or other security is
disapproved by the | 24 | | Agency may contest the disapproval as a permit denial
appeal | 25 | | pursuant to Section 40 of this Act.
| 26 | | (f) The Agency may establish such procedures as it may deem |
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| 1 | | necessary
for the purpose of implementing and executing its | 2 | | responsibilities under this
Section.
| 3 | | (g) Nothing in this Section shall bar a cause of action by | 4 | | the State for
any other penalty or relief provided by this Act | 5 | | or any other law.
| 6 | | (Source: P.A. 97-887, eff. 8-2-12.)".
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