Full Text of HB4331 100th General Assembly
HB4331sam002 100TH GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 5/30/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4331
| 2 | | AMENDMENT NO. ______. Amend House Bill 4331 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 22.51 as follows: | 6 | | (415 ILCS 5/22.51)
| 7 | | Sec. 22.51. Clean Construction or Demolition Debris Fill | 8 | | Operations. | 9 | | (a) No person shall conduct any clean construction or | 10 | | demolition debris fill operation in violation of this Act or | 11 | | any regulations or standards adopted by the Board. | 12 | | (b)(1)(A) Beginning August 18, 2005 but prior to July 1, | 13 | | 2008, no person shall use clean construction or demolition | 14 | | debris as fill material in a current or former quarry, mine, or | 15 | | other excavation, unless they have applied for an interim | 16 | | authorization from the Agency for the clean construction or |
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| 1 | | demolition debris fill operation. | 2 | | (B) The Agency shall approve an interim authorization upon | 3 | | its receipt of a written application for the interim | 4 | | authorization that is signed by the site owner and the site | 5 | | operator, or their duly authorized agent, and that contains the | 6 | | following information: (i) the location of the site where the | 7 | | clean construction or demolition debris fill operation is | 8 | | taking place, (ii) the name and address of the site owner, | 9 | | (iii) the name and address of the site operator, and (iv) the | 10 | | types and amounts of clean construction or demolition debris | 11 | | being used as fill material at the site. | 12 | | (C) The Agency may deny an interim authorization if the | 13 | | site owner or the site operator, or their duly authorized | 14 | | agent, fails to provide to the Agency the information listed in | 15 | | subsection (b)(1)(B) of
this Section. Any denial of an interim | 16 | | authorization shall be subject to appeal to the Board in | 17 | | accordance with the procedures of Section 40 of this Act. | 18 | | (D) No person shall use clean construction or demolition | 19 | | debris as fill material in a current or former quarry, mine, or | 20 | | other excavation for which the Agency has denied interim | 21 | | authorization under subsection (b)(1)(C) of this Section. The | 22 | | Board may stay the prohibition of this subsection (D) during | 23 | | the pendency of an appeal of the Agency's denial of the interim | 24 | | authorization brought under subsection (b)(1)(C) of this | 25 | | Section. | 26 | | (2) Beginning September 1, 2006, owners and
operators of |
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| 1 | | clean construction or demolition debris fill operations shall, | 2 | | in accordance with a schedule prescribed by the Agency, submit | 3 | | to the Agency applications for the
permits required under this | 4 | | Section. The Agency shall notify owners and operators in | 5 | | writing of the due date for their permit application. The due | 6 | | date shall be no less than 90 days after the date of the | 7 | | Agency's written notification. Owners and operators who do not | 8 | | receive a written notification from the Agency by October 1, | 9 | | 2007, shall submit a permit application to the Agency by | 10 | | January 1, 2008. The interim authorization of owners and | 11 | | operators who fail to submit a permit application to the Agency | 12 | | by the permit application's due date shall terminate on (i) the | 13 | | due
date established by the Agency if the owner or operator | 14 | | received a written notification from the Agency prior to
| 15 | | October 1, 2007, or (ii) or January 1, 2008, if the owner or | 16 | | operator did not receive a written notification from the Agency | 17 | | by October 1, 2007. | 18 | | (3) On and after July 1, 2008, no person shall use clean | 19 | | construction or demolition debris as fill material in a current | 20 | | or former quarry, mine, or other excavation (i) without a | 21 | | permit granted by the Agency for the clean construction or | 22 | | demolition debris fill operation or in violation of any | 23 | | conditions imposed by such permit, including periodic reports | 24 | | and full access to adequate records and the inspection of | 25 | | facilities, as may be necessary to assure compliance with this | 26 | | Act and with Board regulations and standards adopted under this |
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| 1 | | Act or (ii) in violation of any regulations or standards | 2 | | adopted by the Board under this Act. | 3 | | (4) This subsection (b) does not apply to: | 4 | | (A) the use of clean construction or demolition debris | 5 | | as fill material in a current or former quarry, mine, or | 6 | | other excavation located on the site where the clean | 7 | | construction or demolition debris was generated; | 8 | | (B) the use of clean construction or demolition debris | 9 | | as fill material in an excavation other than a current or | 10 | | former quarry or mine if this use complies with Illinois | 11 | | Department of Transportation specifications; or
| 12 | | (C) current or former quarries, mines, and other | 13 | | excavations that do not use clean construction or | 14 | | demolition debris as fill material.
| 15 | | (c) In accordance with Title VII of this Act, the Board may | 16 | | adopt regulations to promote the purposes of this Section. The | 17 | | Agency shall consult with the mining and construction | 18 | | industries during the development of any regulations to promote | 19 | | the purposes of this Section. | 20 | | (1) No later than December 15, 2005, the Agency shall | 21 | | propose to the Board, and no later than September 1, 2006, | 22 | | the Board shall adopt, regulations for the use of clean | 23 | | construction or demolition debris as fill material in | 24 | | current and former quarries, mines, and other excavations. | 25 | | Such regulations shall include, but shall not be limited | 26 | | to, standards for clean construction or demolition debris |
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| 1 | | fill operations and the submission and review of permits | 2 | | required under this Section. | 3 | | (2) Until the Board adopts rules under subsection | 4 | | (c)(1) of this Section, all persons using clean | 5 | | construction or
demolition debris as fill material in a | 6 | | current or former quarry, mine, or other excavation shall: | 7 | | (A) Assure that only clean construction or | 8 | | demolition debris is being used as fill material by | 9 | | screening each truckload of material received using a | 10 | | device approved by the Agency that detects volatile | 11 | | organic compounds. Such devices may include, but are | 12 | | not limited to, photo ionization detectors. All | 13 | | screening devices shall be operated and maintained in | 14 | | accordance with manufacturer's specifications. | 15 | | Unacceptable fill material shall be rejected from the | 16 | | site; and | 17 | | (B) Retain for a minimum of 3 years the following | 18 | | information: | 19 | | (i) The name of the hauler, the name of the | 20 | | generator, and place of origin of the debris or | 21 | | soil; | 22 | | (ii) The approximate weight or volume of the | 23 | | debris or soil; and | 24 | | (iii) The date the debris or soil was received. | 25 | | (d) This Section applies only to clean construction or | 26 | | demolition debris that is not considered "waste" as provided in |
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| 1 | | Section 3.160 of this Act. | 2 | | (e) For purposes of this Section: | 3 | | (1) The term "operator" means a person responsible for | 4 | | the operation and maintenance of a clean construction or | 5 | | demolition debris fill operation. | 6 | | (2) The term "owner" means a person who has any direct | 7 | | or indirect interest in a clean construction or demolition | 8 | | debris fill operation or in land on which a person operates | 9 | | and maintains a clean construction or demolition debris | 10 | | fill operation. A "direct or indirect interest" does not | 11 | | include the ownership of publicly traded stock. The "owner" | 12 | | is the "operator" if there is no other person who is | 13 | | operating and maintaining a clean construction or | 14 | | demolition debris fill operation.
| 15 | | (3) The term "clean construction or demolition debris | 16 | | fill operation" means a current or former quarry, mine, or | 17 | | other excavation where clean construction or demolition | 18 | | debris is used as fill material. | 19 | | (4) The term "uncontaminated soil" shall have the same | 20 | | meaning as uncontaminated soil under Section 3.160 of this | 21 | | Act. | 22 | | (f)(1) No later than one year after the effective date of | 23 | | this amendatory Act of the 96th General Assembly, the Agency | 24 | | shall propose to the Board, and, no later than one year after | 25 | | the Board's receipt of the Agency's proposal, the Board shall | 26 | | adopt, rules for the use of clean construction or demolition |
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| 1 | | debris and uncontaminated soil as fill material at clean | 2 | | construction or demolition debris fill operations. The rules | 3 | | must include standards and procedures necessary to protect | 4 | | groundwater, which may include, but shall not be limited to, | 5 | | the following: requirements regarding testing and | 6 | | certification of soil used as fill material, surface water | 7 | | runoff, liners or other protective barriers, monitoring | 8 | | (including, but not limited to, groundwater monitoring), | 9 | | corrective action, recordkeeping, reporting, closure and | 10 | | post-closure care, financial assurance, post-closure land use | 11 | | controls, location standards, and the modification of existing | 12 | | permits to conform to the requirements of this Act and Board | 13 | | rules. The rules may also include limits on the use of | 14 | | recyclable concrete and asphalt as fill material at clean | 15 | | construction or demolition debris fill operations, taking into | 16 | | account factors such as technical feasibility, economic | 17 | | reasonableness, and the availability of markets for such | 18 | | materials. | 19 | | (2) Until the effective date of the Board rules adopted | 20 | | under subdivision (f)(1) of this Section, and in addition to | 21 | | any other requirements, owners and operators of clean | 22 | | construction or demolition debris fill operations must do all | 23 | | of the following in subdivisions (f)(2)(A) through (f)(2)(D) of | 24 | | this Section for all clean construction or demolition debris | 25 | | and uncontaminated soil accepted for use as fill material. The | 26 | | requirements in subdivisions (f)(2)(A) through (f)(2)(D) of |
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| 1 | | this Section shall not limit any rules adopted by the Board. | 2 | | (A) Document the following information for each load of | 3 | | clean construction or demolition debris or uncontaminated | 4 | | soil received: (i) the name of the hauler, the address of | 5 | | the site of origin, and the owner and the operator of the | 6 | | site of origin of the clean construction or demolition | 7 | | debris or uncontaminated soil, (ii) the weight or volume of | 8 | | the clean construction or demolition debris or | 9 | | uncontaminated soil, and (iii) the date the clean | 10 | | construction or demolition debris or uncontaminated soil | 11 | | was received. | 12 | | (B) For all soil, obtain either (i) a certification | 13 | | from the owner or operator of the site from which the soil | 14 | | was removed that the site has never been used for | 15 | | commercial or industrial purposes and is presumed to be | 16 | | uncontaminated soil or (ii) a certification from a licensed | 17 | | Professional Engineer or licensed Professional Geologist | 18 | | that the soil is uncontaminated soil. Certifications | 19 | | required under this subdivision (f)(2)(B) must be on forms | 20 | | and in a format prescribed by the Agency. | 21 | | (C) Confirm that the clean construction or demolition | 22 | | debris or uncontaminated soil was not removed from a site | 23 | | as part of a cleanup or removal of contaminants, including, | 24 | | but not limited to, activities conducted under the | 25 | | Comprehensive Environmental Response, Compensation, and | 26 | | Liability Act of 1980, as amended; as part of a Closure or |
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| 1 | | Corrective Action under the Resource Conservation and | 2 | | Recovery Act, as amended; or under an Agency remediation | 3 | | program, such as the Leaking Underground Storage Tank | 4 | | Program or Site Remediation Program, but excluding sites | 5 | | subject to Section 58.16 of this Act where there is no | 6 | | presence or likely presence of a release or a substantial | 7 | | threat of a release of a regulated substance at, on, or | 8 | | from the real property. | 9 | | (D) Document all activities required under subdivision | 10 | | (f)(2) of this Section. Documentation of any chemical | 11 | | analysis must include, but is not limited to, (i) a copy of | 12 | | the lab analysis, (ii) accreditation status of the | 13 | | laboratory performing the analysis, and (iii) | 14 | | certification by an authorized agent of the laboratory that | 15 | | the analysis has been performed in accordance with the | 16 | | Agency's rules for the accreditation of environmental | 17 | | laboratories and the scope of accreditation. | 18 | | (3) Owners and operators of clean construction or | 19 | | demolition debris fill operations must maintain all | 20 | | documentation required under subdivision (f)(2) of this | 21 | | Section for a minimum of 3 years following the receipt of each | 22 | | load of clean construction or demolition debris or | 23 | | uncontaminated soil, except that documentation relating to an | 24 | | appeal, litigation, or other disputed claim must be maintained | 25 | | until at least 3 years after the date of the final disposition | 26 | | of the appeal, litigation, or other disputed claim. Copies of |
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| 1 | | the documentation must be made available to the Agency and to | 2 | | units of local government for inspection and copying during | 3 | | normal business hours. The Agency may prescribe forms and | 4 | | formats for the documentation required under subdivision | 5 | | (f)(2) of this Section. | 6 | | Chemical analysis conducted under subdivision (f)(2) of | 7 | | this Section must be conducted in accordance with the | 8 | | requirements of 35 Ill. Adm. Code 742, as amended, and "Test | 9 | | Methods for Evaluating Solid Waste, Physical/Chemical | 10 | | Methods", USEPA Publication No. SW-846, as amended. | 11 | | (g)(1) No person shall use soil other than uncontaminated | 12 | | soil as fill material at a clean construction or demolition | 13 | | debris fill operation. | 14 | | (2) No person shall use construction or demolition debris | 15 | | other than clean construction or demolition debris as fill | 16 | | material at a clean construction or demolition debris fill | 17 | | operation.
| 18 | | (h) The Board shall adopt rules allowing the owner or | 19 | | operator of a permitted clean construction or demolition debris | 20 | | fill operation located on a property having the following legal | 21 | | description to apply to the Agency to transfer a portion of the | 22 | | site to another person before termination of the permit, and to | 23 | | have the transferred portion of the site removed from the | 24 | | permit before completion of closure and post-closure | 25 | | maintenance, before the Agency's permit modification: THAT | 26 | | PART OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 38 NORTH, |
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| 1 | | RANGE 12, EAST OF
THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH | 2 | | PARTS OF VARIOUS LOTS IN HO STONE AND
COMPANY'S 5TH ADDITION IN | 3 | | SECTION 2 AFORESAID, AND PART OF 44TH PLACE (50 FEET WIDE)
| 4 | | BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION | 5 | | OF THE NORTH LINE OF
43RD PLACE (66 FEET WIDE) AND THE WEST | 6 | | LINE OF VACATED RIVERSIDE AVENUE (33 FEET WIDE);
THENCE SOUTH | 7 | | 89 DEGREES 59 MINUTES 49 SECONDS WEST 33.00 FEET; THENCE SOUTH | 8 | | 00 DEGREES
05 MINUTES 20 SECONDS EAST BEING ALONG THE WEST LINE | 9 | | OF RIVERSIDE AVENUE (NOW 66 FEET
WIDE) 619.09 FEET TO THE NORTH | 10 | | LINE OF 44TH PLACE; THENCE SOUTH 89 DEGREES 59 MINUTES 52
| 11 | | SECONDS WEST 762.07 FEET; THENCE SOUTH 00 DEGREES 06 MINUTES 21 | 12 | | SECONDS WEST 405.04
(311.45 RECORD) FEET; THENCE NORTH 89 | 13 | | DEGREES 59 MINUTES 58 SECONDS EAST 17.0 FEET; THENCE
SOUTH 00 | 14 | | DEGREES 06 MINUTES 11 SECONDS WEST 127.15 FEET; THENCE SOUTH 08 | 15 | | DEGREES 44
MINUTES 49 SECONDS EAST 360.40 FEET; THENCE | 16 | | SOUTHEASTERLY 202.12 FEET ALONG THE ARC OF A
CIRCLE CONVEX | 17 | | SOUTHWESTERLY WITH A RADIUS OF 920.90 FEET AND WHOSE CHORD | 18 | | BEARS SOUTH
15 DEGREES 02 MINUTES 04 SECONDS EAST A DISTANCE OF | 19 | | 201.71 FEET; THENCE SOUTH 21 DEGREES
19 MINUTES 19 SECONDS EAST | 20 | | 382.0 FEET; THENCE SOUTHEASTERLY 236.28 FEET ALONG AN ARC OF A
| 21 | | CIRCLE CONVEX NORTHEASTERLY WITH A RADIUS OF 637.10 FEET AND | 22 | | WHOSE CHORD BEARS SOUTH 10
DEGREES 41 MINUTES 49 SECONDS EAST A | 23 | | DISTANCE OF 234.94 FEET; THENCE SOUTH 00 DEGREES 04
MINUTES 19 | 24 | | SECONDS EAST 30.47 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 52 | 25 | | SECONDS WEST
44.0 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 52 | 26 | | SECONDS WEST 30.48 FEET; THENCE
NORTHWESTERLY 219.98 FEET ALONG |
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| 1 | | AN ARC OF A CIRCLE CONVEX NORTHEASTERLY WITH A RADIUS
OF 593.10 | 2 | | FEET AND WHOSE CHORD BEARS NORTH 10 DEGREES 41 MINUTES 49 | 3 | | SECONDS WEST A
DISTANCE OF 218.71 FEET; THENCE NORTH 21 DEGREES | 4 | | 19 MINUTES 19 SECONDS WEST 382.0 FEET;
THENCE NORTHWESTERLY | 5 | | 211.77 FEET ALONG AN ARC OF A CIRCLE CONVEX SOUTHWESTERLY WITH | 6 | | A
RADIUS OF 964.90 FEET AND WHOSE CHORD BEARS NORTH 15 DEGREES | 7 | | 02 MINUTES 04 SECONDS
WEST A DISTANCE OF 211.35 FEET; THENCE | 8 | | NORTH 08 DEGREES 44 MINUTES 49 SECONDS WEST 250.76
FEET; THENCE | 9 | | NORTHWESTERLY 148.11 FEET ALONG AN ARC OF A CIRCLE CONVEX | 10 | | WESTERLY WITH A
RADIUS OF 960.08 FEET AND WHOSE CHORD BEARS | 11 | | NORTH 04 DEGREES 21 MINUTES 05 SECONDS
WEST A DISTANCE OF | 12 | | 147.96 FEET; THENCE NORTH 00 DEGREES 06 MINUTES 11 SECONDS EAST | 13 | | 195.67
FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 58 SECONDS WEST | 14 | | 11.90 FEET ALONG THE SOUTH LINE
OF 45TH STREET; THENCE NORTH 00 | 15 | | DEGREES 06 MINUTES 21 SECONDS EAST 303.98 FEET; THENCE
SOUTH 89 | 16 | | DEGREES 59 MINUTES 52 SECONDS WEST 108.12 FEET ALONG SAID NORTH | 17 | | LINE OF 44TH
PLACE TO THE EAST LINE OF FIRST AVENUE; THENCE | 18 | | NORTH 01 DEGREES 18 MINUTES 13 SECONDS EAST
290.89 FEET ALONG | 19 | | SAID EAST LINE OF FIRST AVENUE; THENCE NORTH 02 DEGREES 21 | 20 | | MINUTES 09
SECONDS EAST 577.06 FEET ALONG SAID EAST LINE OF | 21 | | FIRST AVENUE; THENCE NORTH 03 DEGREES 06
MINUTES 19 SECONDS | 22 | | EAST 56.48 FEET ALONG SAID EAST LINE OF FIRST AVENUE; THENCE | 23 | | NORTH 89
DEGREES 58 MINUTES 49 SECONDS WEST 901.37 FEET ALONG | 24 | | THE NORTH LINE OF SAID SOUTHWEST
QUARTER OF SECTION 2 TO SAID | 25 | | WEST LINE OF VACATED RIVERSIDE AVENUE (33 FEET WIDE); THENCE
| 26 | | SOUTH 00 DEGREES 05 MINUTES 20 SECONDS EAST 304.34 FEET TO THE |
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| 1 | | POINT OF BEGINNING, IN COOK
COUNTY, ILLINOIS. | 2 | | The owner or operator of the permitted clean construction | 3 | | or demolition debris fill operation described under this | 4 | | subsection must meet the following requirements: | 5 | | (1) The owner or operator shall file with the Agency: | 6 | | (A) an application to modify the clean | 7 | | construction or demolition debris fill operation | 8 | | permit to recognize a change in ownership of the | 9 | | transferred property before completion of closure and | 10 | | post-closure maintenance; | 11 | | (B) documentation identifying the portion of the | 12 | | site being transferred, including, but not limited to, | 13 | | a survey of the portion of the clean construction or | 14 | | demolition debris fill operation being transferred; | 15 | | and | 16 | | (C) a copy of the new owner's plans for the portion | 17 | | of the site being transferred that document how the | 18 | | site will be developed, including, but not limited to, | 19 | | plans demonstrating how the closure and post-closure | 20 | | requirements set forth in Board rules will be | 21 | | satisfied, which shall be signed by the new owner of | 22 | | the portion of the site being transferred and include | 23 | | the name, address, and contact information of the new | 24 | | owner. | 25 | | (2) The owner or operator of the site shall conduct a | 26 | | Phase I and Phase II Environmental Site Assessment in |
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| 1 | | accordance with Board rules and provide a copy of each | 2 | | assessment to the prospective owner and to the Agency as | 3 | | part of an application to modify the clean construction or | 4 | | demolition debris fill operation permit to remove a portion | 5 | | of the site from the permit. | 6 | | (3) The portion of the site being transferred shall be | 7 | | filled to within at least 3 feet of the final fill | 8 | | elevation that would otherwise be required under the | 9 | | closure and post-closure maintenance requirements in the | 10 | | permit. | 11 | | (4) The owner or operator shall post with the Agency a | 12 | | performance bond for purposes of closure and post-closure | 13 | | maintenance of the portion of the site being transferred. | 14 | | The bond shall be directly related to the estimate of the | 15 | | costs for the Agency to bring the transferred portion of | 16 | | the site to a condition consistent with the closure and | 17 | | post-closure maintenance requirements applicable to the | 18 | | site. The bond required under this paragraph shall not | 19 | | affect in any way any obligation or liability of any person | 20 | | under this Act or any other State or federal law. | 21 | | (5) The person to whom a portion of a permitted clean | 22 | | construction or demolition debris fill operation is | 23 | | transferred must complete closure and post-closure | 24 | | maintenance for the transferred portion of the site in | 25 | | accordance with Board rules. The rules adopted under this | 26 | | subsection shall also specify the conditions under which |
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| 1 | | the State is entitled to collect moneys from the | 2 | | performance bond required under paragraph (4). | 3 | | (6) Any money forfeited to the State of Illinois from | 4 | | any performance bond required under this subsection shall | 5 | | be deposited in to the Landfill Closure and Post-Closure | 6 | | Fund established under Section 21.1 of this Act and shall, | 7 | | upon approval by the Governor and the Director of the | 8 | | Agency, be used by and under the direction of the Agency | 9 | | for the purposes for which the performance bond was issued. | 10 | | The Agency shall have the authority to approve or | 11 | | disapprove any performance bond posted in accordance with | 12 | | the rules adopted under this subsection. If the Agency | 13 | | disapproves a performance bond required under the rules | 14 | | adopted under this subsection, the person whose | 15 | | performance bond is disapproved by the Agency may contest | 16 | | the disapproval in the same manner as the appeal of a | 17 | | permit denial under Section 40 of this Act. Until such time | 18 | | as the Agency either collects bond money forfeited to the | 19 | | State in accordance with rules adopted by the Board under | 20 | | this Section or the Agency releases the bond in favor of | 21 | | the site owner or operator who posted the bond, the name | 22 | | and address of the current owner of the portion of the | 23 | | clean construction or demolition debris site transferred | 24 | | under this subsection shall be provided to the Agency for | 25 | | record keeping purposes. | 26 | | (7) The Agency is authorized to enter into contracts |
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| 1 | | and agreements as it may deem necessary to carry out the | 2 | | purposes of this subsection or rules adopted under this | 3 | | subsection. Neither the State, the Director of the Agency, | 4 | | nor any State employee shall be liable for any damages or | 5 | | injuries arising out of or resulting from any action taken | 6 | | under this subsection or rules adopted under this | 7 | | subsection. | 8 | | (Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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