Full Text of HB2880 100th General Assembly
HB2880ham001 100TH GENERAL ASSEMBLY | Rep. Daniel V. Beiser Filed: 3/17/2017
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| 1 | | AMENDMENT TO HOUSE BILL 2880
| 2 | | AMENDMENT NO. ______. Amend House Bill 2880 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Sections 21.1 and 22.51 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 a MSWLF unit or other waste disposal operation on or | 11 | | after March 1,
1985, which requires a permit under subsection | 12 | | (d) of Section 21 of this Act,
unless such person has posted | 13 | | with the Agency a performance bond or other
security for the | 14 | | purpose of insuring closure of the site and post-closure care
| 15 | | in accordance with this Act and regulations adopted thereunder.
| 16 | | (a.5) On and after the effective date established by the |
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| 1 | | United
States Environmental Protection Agency for MSWLF units | 2 | | to provide financial
assurance under Subtitle D of the Resource | 3 | | Conservation and Recovery Act, no
person, other than
the State | 4 | | of
Illinois, its agencies and institutions, shall own or | 5 | | operate a MSWLF unit that requires a permit under subsection | 6 | | (d) of Section 21 of
this Act, unless that person has posted | 7 | | with the Agency a performance bond or
other security for the | 8 | | purposes of:
| 9 | | (1) insuring closure of the site and post-closure care | 10 | | in accordance with
this Act and its rules; and
| 11 | | (2) insuring completion of a corrective action remedy | 12 | | when required by
Board rules adopted under Section 22.40 of | 13 | | this Act or when required by
Section 22.41 of this Act.
| 14 | | The performance bond or other security requirement set | 15 | | forth in this
Section
may be fulfilled by closure or | 16 | | post-closure insurance, or both, issued by an
insurer
licensed | 17 | | to transact the business of insurance by the Department of | 18 | | Insurance
or at a minimum the insurer must be licensed to | 19 | | transact the business of
insurance or approved to provide | 20 | | insurance as an excess or surplus lines
insurer by the | 21 | | insurance department in one or more states.
| 22 | | (b) On or before January 1, 1985, the Board shall adopt | 23 | | regulations to
promote the purposes of this Section. Without | 24 | | limiting the generality of
this authority, such regulations | 25 | | may, among other things, prescribe the
type and amount of the | 26 | | performance bonds or other securities required under
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| 1 | | subsections (a) and (a.5) of this Section, and the conditions | 2 | | under which the
State is entitled to collect monies from such | 3 | | performance bonds or other
securities. The bond amount shall be | 4 | | directly related to the design and volume
of the site. The cost | 5 | | estimate for the post-closure care of a MSWLF unit shall
be | 6 | | calculated using a 30 year post-closure care period or such | 7 | | other period as
may be approved by the Agency under Board or | 8 | | federal rules. On and after the
effective date established by | 9 | | the United States Environmental Protection Agency
for MSWLF | 10 | | units to provide financial assurance under Subtitle D of the | 11 | | Resource
Conservation and Recovery Act, closure,
post-closure | 12 | | care, and corrective action cost estimates for MSWLF units | 13 | | shall
be in current dollars.
| 14 | | (c) There is hereby created within the State Treasury a | 15 | | special fund to
be known as the "Landfill Closure and | 16 | | Post-Closure Fund". Any monies forfeited
to the State of | 17 | | Illinois from any performance bond or other security required
| 18 | | under this Section or under subdivision (f)(4) of Section 22.51 | 19 | | shall be placed in the "Landfill Closure and Post-Closure
Fund" | 20 | | and shall, upon approval by the Governor and the Director, be | 21 | | used
by and under the direction of the Agency for the purposes | 22 | | for which such
performance bond or other security was issued. | 23 | | The Landfill Closure and
Post-Closure Fund is not subject to | 24 | | the provisions of subsection (c) of Section
5 of the State | 25 | | Finance Act.
| 26 | | (d) The Agency is authorized to enter into such contracts |
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| 1 | | and agreements
as it may deem necessary to carry out the | 2 | | purposes of this Section. Neither
the State, nor the Director, | 3 | | nor any State employee shall be liable for
any damages or | 4 | | injuries arising out of or resulting from any action taken
| 5 | | under this Section.
| 6 | | (e) The Agency shall have the authority to approve or | 7 | | disapprove any
performance bond or other security posted | 8 | | pursuant to subsection (a) or
(a.5) of
this Section. Any person | 9 | | whose performance bond or other security is
disapproved by the | 10 | | Agency may contest the disapproval as a permit denial
appeal | 11 | | pursuant to Section 40 of this Act.
| 12 | | (f) The Agency may establish such procedures as it may deem | 13 | | necessary
for the purpose of implementing and executing its | 14 | | responsibilities under this
Section.
| 15 | | (g) Nothing in this Section shall bar a cause of action by | 16 | | the State for
any other penalty or relief provided by this Act | 17 | | or any other law.
| 18 | | (Source: P.A. 97-887, eff. 8-2-12.)
| 19 | | (415 ILCS 5/22.51)
| 20 | | Sec. 22.51. Clean Construction or Demolition Debris Fill | 21 | | Operations. | 22 | | (a) No person shall conduct any clean construction or | 23 | | demolition debris fill operation in violation of this Act or | 24 | | any regulations or standards adopted by the Board. | 25 | | (b)(1)(A) Beginning August 18, 2005 but prior to July 1, |
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| 1 | | 2008, no person shall use clean construction or demolition | 2 | | debris as fill material in a current or former quarry, mine, or | 3 | | other excavation, unless they have applied for an interim | 4 | | authorization from the Agency for the clean construction or | 5 | | demolition debris fill operation. | 6 | | (B) The Agency shall approve an interim authorization upon | 7 | | its receipt of a written application for the interim | 8 | | authorization that is signed by the site owner and the site | 9 | | operator, or their duly authorized agent, and that contains the | 10 | | following information: (i) the location of the site where the | 11 | | clean construction or demolition debris fill operation is | 12 | | taking place, (ii) the name and address of the site owner, | 13 | | (iii) the name and address of the site operator, and (iv) the | 14 | | types and amounts of clean construction or demolition debris | 15 | | being used as fill material at the site. | 16 | | (C) The Agency may deny an interim authorization if the | 17 | | site owner or the site operator, or their duly authorized | 18 | | agent, fails to provide to the Agency the information listed in | 19 | | subsection (b)(1)(B) of
this Section. Any denial of an interim | 20 | | authorization shall be subject to appeal to the Board in | 21 | | accordance with the procedures of Section 40 of this Act. | 22 | | (D) No person shall use clean construction or demolition | 23 | | debris as fill material in a current or former quarry, mine, or | 24 | | other excavation for which the Agency has denied interim | 25 | | authorization under subsection (b)(1)(C) of this Section. The | 26 | | Board may stay the prohibition of this subsection (D) during |
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| 1 | | the pendency of an appeal of the Agency's denial of the interim | 2 | | authorization brought under subsection (b)(1)(C) of this | 3 | | Section. | 4 | | (2) Beginning September 1, 2006, owners and
operators of | 5 | | clean construction or demolition debris fill operations shall, | 6 | | in accordance with a schedule prescribed by the Agency, submit | 7 | | to the Agency applications for the
permits required under this | 8 | | Section. The Agency shall notify owners and operators in | 9 | | writing of the due date for their permit application. The due | 10 | | date shall be no less than 90 days after the date of the | 11 | | Agency's written notification. Owners and operators who do not | 12 | | receive a written notification from the Agency by October 1, | 13 | | 2007, shall submit a permit application to the Agency by | 14 | | January 1, 2008. The interim authorization of owners and | 15 | | operators who fail to submit a permit application to the Agency | 16 | | by the permit application's due date shall terminate on (i) the | 17 | | due
date established by the Agency if the owner or operator | 18 | | received a written notification from the Agency prior to
| 19 | | October 1, 2007, or (ii) or January 1, 2008, if the owner or | 20 | | operator did not receive a written notification from the Agency | 21 | | by October 1, 2007. | 22 | | (3) On and after July 1, 2008, no person shall use clean | 23 | | construction or demolition debris as fill material in a current | 24 | | or former quarry, mine, or other excavation (i) without a | 25 | | permit granted by the Agency for the clean construction or | 26 | | demolition debris fill operation or in violation of any |
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| 1 | | conditions imposed by such permit, including periodic reports | 2 | | and full access to adequate records and the inspection of | 3 | | facilities, as may be necessary to assure compliance with this | 4 | | Act and with Board regulations and standards adopted under this | 5 | | Act or (ii) in violation of any regulations or standards | 6 | | adopted by the Board under this Act. | 7 | | (4) This subsection (b) does not apply to: | 8 | | (A) the use of clean construction or demolition debris | 9 | | as fill material in a current or former quarry, mine, or | 10 | | other excavation located on the site where the clean | 11 | | construction or demolition debris was generated; | 12 | | (B) the use of clean construction or demolition debris | 13 | | as fill material in an excavation other than a current or | 14 | | former quarry or mine if this use complies with Illinois | 15 | | Department of Transportation specifications; or
| 16 | | (C) current or former quarries, mines, and other | 17 | | excavations that do not use clean construction or | 18 | | demolition debris as fill material.
| 19 | | (c) In accordance with Title VII of this Act, the Board may | 20 | | adopt regulations to promote the purposes of this Section. The | 21 | | Agency shall consult with the mining and construction | 22 | | industries during the development of any regulations to promote | 23 | | the purposes of this Section. | 24 | | (1) No later than December 15, 2005, the Agency shall | 25 | | propose to the Board, and no later than September 1, 2006, | 26 | | the Board shall adopt, regulations for the use of clean |
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| 1 | | construction or demolition debris as fill material in | 2 | | current and former quarries, mines, and other excavations. | 3 | | Such regulations shall include, but shall not be limited | 4 | | to, standards for clean construction or demolition debris | 5 | | fill operations and the submission and review of permits | 6 | | required under this Section. | 7 | | (2) Until the Board adopts rules under subsection | 8 | | (c)(1) of this Section, all persons using clean | 9 | | construction or
demolition debris as fill material in a | 10 | | current or former quarry, mine, or other excavation shall: | 11 | | (A) Assure that only clean construction or | 12 | | demolition debris is being used as fill material by | 13 | | screening each truckload of material received using a | 14 | | device approved by the Agency that detects volatile | 15 | | organic compounds. Such devices may include, but are | 16 | | not limited to, photo ionization detectors. All | 17 | | screening devices shall be operated and maintained in | 18 | | accordance with manufacturer's specifications. | 19 | | Unacceptable fill material shall be rejected from the | 20 | | site; and | 21 | | (B) Retain for a minimum of 3 years the following | 22 | | information: | 23 | | (i) The name of the hauler, the name of the | 24 | | generator, and place of origin of the debris or | 25 | | soil; | 26 | | (ii) The approximate weight or volume of the |
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| 1 | | debris or soil; and | 2 | | (iii) The date the debris or soil was received. | 3 | | (d) This Section applies only to clean construction or | 4 | | demolition debris that is not considered "waste" as provided in | 5 | | Section 3.160 of this Act. | 6 | | (e) For purposes of this Section: | 7 | | (1) The term "operator" means a person responsible for | 8 | | the operation and maintenance of a clean construction or | 9 | | demolition debris fill operation. | 10 | | (2) The term "owner" means a person who has any direct | 11 | | or indirect interest in a clean construction or demolition | 12 | | debris fill operation or in land on which a person operates | 13 | | and maintains a clean construction or demolition debris | 14 | | fill operation. A "direct or indirect interest" does not | 15 | | include the ownership of publicly traded stock. The "owner" | 16 | | is the "operator" if there is no other person who is | 17 | | operating and maintaining a clean construction or | 18 | | demolition debris fill operation.
| 19 | | (3) The term "clean construction or demolition debris | 20 | | fill operation" means a current or former quarry, mine, or | 21 | | other excavation where clean construction or demolition | 22 | | debris is used as fill material. | 23 | | (4) The term "uncontaminated soil" shall have the same | 24 | | meaning as uncontaminated soil under Section 3.160 of this | 25 | | Act. | 26 | | (f)(1) No later than one year after the effective date of |
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| 1 | | this amendatory Act of the 96th General Assembly, the Agency | 2 | | shall propose to the Board, and, no later than one year after | 3 | | the Board's receipt of the Agency's proposal, the Board shall | 4 | | adopt, rules for the use of clean construction or demolition | 5 | | debris and uncontaminated soil as fill material at clean | 6 | | construction or demolition debris fill operations. The rules | 7 | | must include standards and procedures necessary to protect | 8 | | groundwater, which may include, but shall not be limited to, | 9 | | the following: requirements regarding testing and | 10 | | certification of soil used as fill material, surface water | 11 | | runoff, liners or other protective barriers, monitoring | 12 | | (including, but not limited to, groundwater monitoring), | 13 | | corrective action, recordkeeping, reporting, closure and | 14 | | post-closure care, financial assurance, post-closure land use | 15 | | controls, location standards, and the modification of existing | 16 | | permits to conform to the requirements of this Act and Board | 17 | | rules. The rules may also include limits on the use of | 18 | | recyclable concrete and asphalt as fill material at clean | 19 | | construction or demolition debris fill operations, taking into | 20 | | account factors such as technical feasibility, economic | 21 | | reasonableness, and the availability of markets for such | 22 | | materials. | 23 | | (2) Until the effective date of the Board rules adopted | 24 | | under subdivision (f)(1) of this Section, and in addition to | 25 | | any other requirements, owners and operators of clean | 26 | | construction or demolition debris fill operations must do all |
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| 1 | | of the following in subdivisions (f)(2)(A) through (f)(2)(D) of | 2 | | this Section for all clean construction or demolition debris | 3 | | and uncontaminated soil accepted for use as fill material. The | 4 | | requirements in subdivisions (f)(2)(A) through (f)(2)(D) of | 5 | | this Section shall not limit any rules adopted by the Board. | 6 | | (A) Document the following information for each load of | 7 | | clean construction or demolition debris or uncontaminated | 8 | | soil received: (i) the name of the hauler, the address of | 9 | | the site of origin, and the owner and the operator of the | 10 | | site of origin of the clean construction or demolition | 11 | | debris or uncontaminated soil, (ii) the weight or volume of | 12 | | the clean construction or demolition debris or | 13 | | uncontaminated soil, and (iii) the date the clean | 14 | | construction or demolition debris or uncontaminated soil | 15 | | was received. | 16 | | (B) For all soil, obtain either (i) a certification | 17 | | from the owner or operator of the site from which the soil | 18 | | was removed that the site has never been used for | 19 | | commercial or industrial purposes and is presumed to be | 20 | | uncontaminated soil or (ii) a certification from a licensed | 21 | | Professional Engineer or licensed Professional Geologist | 22 | | that the soil is uncontaminated soil. Certifications | 23 | | required under this subdivision (f)(2)(B) must be on forms | 24 | | and in a format prescribed by the Agency. | 25 | | (C) Confirm that the clean construction or demolition | 26 | | debris or uncontaminated soil was not removed from a site |
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| 1 | | as part of a cleanup or removal of contaminants, including, | 2 | | but not limited to, activities conducted under the | 3 | | Comprehensive Environmental Response, Compensation, and | 4 | | Liability Act of 1980, as amended; as part of a Closure or | 5 | | Corrective Action under the Resource Conservation and | 6 | | Recovery Act, as amended; or under an Agency remediation | 7 | | program, such as the Leaking Underground Storage Tank | 8 | | Program or Site Remediation Program, but excluding sites | 9 | | subject to Section 58.16 of this Act where there is no | 10 | | presence or likely presence of a release or a substantial | 11 | | threat of a release of a regulated substance at, on, or | 12 | | from the real property. | 13 | | (D) Document all activities required under subdivision | 14 | | (f)(2) of this Section. Documentation of any chemical | 15 | | analysis must include, but is not limited to, (i) a copy of | 16 | | the lab analysis, (ii) accreditation status of the | 17 | | laboratory performing the analysis, and (iii) | 18 | | certification by an authorized agent of the laboratory that | 19 | | the analysis has been performed in accordance with the | 20 | | Agency's rules for the accreditation of environmental | 21 | | laboratories and the scope of accreditation. | 22 | | (3) Owners and operators of clean construction or | 23 | | demolition debris fill operations must maintain all | 24 | | documentation required under subdivision (f)(2) of this | 25 | | Section for a minimum of 3 years following the receipt of each | 26 | | load of clean construction or demolition debris or |
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| 1 | | uncontaminated soil, except that documentation relating to an | 2 | | appeal, litigation, or other disputed claim must be maintained | 3 | | until at least 3 years after the date of the final disposition | 4 | | of the appeal, litigation, or other disputed claim. Copies of | 5 | | the documentation must be made available to the Agency and to | 6 | | units of local government for inspection and copying during | 7 | | normal business hours. The Agency may prescribe forms and | 8 | | formats for the documentation required under subdivision | 9 | | (f)(2) of this Section. | 10 | | Chemical analysis conducted under subdivision (f)(2) of | 11 | | this Section must be conducted in accordance with the | 12 | | requirements of 35 Ill. Adm. Code 742, as amended, and "Test | 13 | | Methods for Evaluating Solid Waste, Physical/Chemical | 14 | | Methods", USEPA Publication No. SW-846, as amended. | 15 | | (4) No later than one year after the effective date of this | 16 | | amendatory Act of the 100th General Assembly, the Agency shall | 17 | | propose to the Board, and, no later than one year after receipt | 18 | | of the Agency's proposal, the Board shall adopt rules that | 19 | | allow owners and operators of clean construction or demolition | 20 | | debris fill operations who are transferring a portion of a fill | 21 | | operation site to another person to be released from permitting | 22 | | requirements with respect to the transferred portion of the | 23 | | fill operation site, if all of the following have been | 24 | | satisfied: | 25 | | (A) The owner or operator files with the Agency: | 26 | | (i) an application to modify the fill operation |
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| 1 | | permit to recognize a change in ownership of the | 2 | | transferred property prior to completion of closure | 3 | | and post-closure maintenance; | 4 | | (ii) a document identifying the portion of the site | 5 | | being transferred; and | 6 | | (iii) a copy of plans describing how the portion of | 7 | | the site being transferred will be developed. | 8 | | (B) The portion of the site being transferred is filled | 9 | | to within at least 3 feet of the final fill elevation that | 10 | | would otherwise be required under the closure and | 11 | | post-closure maintenance requirements in the permit. | 12 | | (C) The owner or operator posts with the Agency a | 13 | | performance bond for the purposes of closure and | 14 | | post-closure maintenance of the portion of the site being | 15 | | transferred. The bond amount shall be directly related to | 16 | | the estimate of the costs for the Agency to remediate the | 17 | | transferred portion of the site to a condition consistent | 18 | | with the closure and post-closure maintenance requirements | 19 | | applicable to the site. | 20 | | The rules adopted pursuant to this subdivision (f)(4) shall | 21 | | include the conditions under which the State is entitled to | 22 | | collect monies from the performance bond. Those conditions may | 23 | | include, but are not limited to, the failure of the transferee | 24 | | to timely commence development or complete development of the | 25 | | portion of the site being transferred. | 26 | | Any moneys forfeited to the State of Illinois from any |
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| 1 | | performance bond required under this subdivision (f)(4) shall | 2 | | be placed in the Landfill Closure and Post-Closure Fund | 3 | | established under Section 21.1 of this Act and shall, upon | 4 | | approval by the Governor and the Director of the Agency, be | 5 | | used by and under the direction of the Agency for the purposes | 6 | | for which the performance bond was issued. | 7 | | The Agency is authorized to enter into such contracts and | 8 | | agreements as it may deem necessary to carry out the purposes | 9 | | of this Section. Neither the State, nor the Director of the | 10 | | Agency, nor any State employee shall be liable for any damages | 11 | | or injuries arising out of or resulting from any action taken | 12 | | under this Section. | 13 | | The Agency shall have the authority to approve or | 14 | | disapprove any performance bond posted pursuant to this | 15 | | subdivision (f)(4). Any person whose performance bond is | 16 | | disapproved by the Agency may contest the disapproval in the | 17 | | same manner as a permit denial appeal pursuant to Section 40 of | 18 | | this Act. | 19 | | The Agency may establish such procedures as the Agency may | 20 | | deem necessary for the purpose of implementing and executing | 21 | | the Agency's responsibilities under this subdivision (f)(4). | 22 | | Until the effective date of rules adopted pursuant to this | 23 | | subdivision (f)(4), the Agency may, consistent with the terms | 24 | | of this subdivision (f)(4), allow owners and operators of clean | 25 | | construction or demolition debris fill operations who are | 26 | | transferring all or a portion of a fill operation site to |
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| 1 | | another person to be released from permitting requirements with | 2 | | respect to the transferred portions of the fill operation site. | 3 | | Nothing in this subdivision (f)(4) shall bar a cause of | 4 | | action by the State for any other penalty or relief provided by | 5 | | this Act or any other law. | 6 | | (g)(1) No person shall use soil other than uncontaminated | 7 | | soil as fill material at a clean construction or demolition | 8 | | debris fill operation. | 9 | | (2) No person shall use construction or demolition debris | 10 | | other than clean construction or demolition debris as fill | 11 | | material at a clean construction or demolition debris fill | 12 | | operation.
| 13 | | (Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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