Full Text of HB3783 102nd General Assembly
HB3783ham001 102ND GENERAL ASSEMBLY | Rep. Carol Ammons Filed: 4/15/2021
| | 10200HB3783ham001 | | LRB102 15016 CPF 25065 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3783
| 2 | | AMENDMENT NO. ______. Amend House Bill 3783 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 22.59 as follows: | 6 | | (415 ILCS 5/22.59) | 7 | | Sec. 22.59. CCR surface impoundments. | 8 | | (a) The General Assembly finds that: | 9 | | (1) the State of Illinois has a long-standing policy | 10 | | to restore, protect, and enhance the environment, | 11 | | including the purity of the air, land, and waters, | 12 | | including groundwaters, of this State; | 13 | | (2) a clean environment is essential to the growth and | 14 | | well-being of this State; | 15 | | (3) CCR generated by the electric generating industry | 16 | | has caused groundwater contamination and other forms of |
| | | 10200HB3783ham001 | - 2 - | LRB102 15016 CPF 25065 a |
|
| 1 | | pollution at active and inactive plants throughout this | 2 | | State; | 3 | | (4) environmental laws should be supplemented to | 4 | | ensure consistent, responsible regulation of all existing | 5 | | CCR surface impoundments; and | 6 | | (5) meaningful participation of State residents, | 7 | | especially vulnerable populations who may be affected by | 8 | | regulatory actions, is critical to ensure that | 9 | | environmental justice considerations are incorporated in | 10 | | the development of, decision-making related to, and | 11 | | implementation of environmental laws and rulemaking that | 12 | | protects and improves the well-being of communities in | 13 | | this State that bear disproportionate burdens imposed by | 14 | | environmental pollution. | 15 | | Therefore, the purpose of this Section is to promote a | 16 | | healthful environment, including clean water, air, and land, | 17 | | meaningful public involvement, and the responsible disposal | 18 | | and storage of coal combustion residuals, so as to protect | 19 | | public health and to prevent pollution of the environment of | 20 | | this State. | 21 | | The provisions of this Section shall be liberally | 22 | | construed to carry out the purposes of this Section. | 23 | | (b) No person shall: | 24 | | (1) cause or allow the discharge of any contaminants | 25 | | from a CCR surface impoundment into the environment so as | 26 | | to cause, directly or indirectly, a violation of this |
| | | 10200HB3783ham001 | - 3 - | LRB102 15016 CPF 25065 a |
|
| 1 | | Section or any regulations or standards adopted by the | 2 | | Board under this Section, either alone or in combination | 3 | | with contaminants from other sources; | 4 | | (2) construct, install, modify, operate, or close any | 5 | | CCR surface impoundment without a permit granted by the | 6 | | Agency, or so as to violate any conditions imposed by such | 7 | | permit, any provision of this Section or any regulations | 8 | | or standards adopted by the Board under this Section; or | 9 | | (3) cause or allow, directly or indirectly, the | 10 | | discharge, deposit, injection, dumping, spilling, leaking, | 11 | | or placing of any CCR upon the land in a place and manner | 12 | | so as to cause or tend to cause a violation this Section or | 13 | | any regulations or standards adopted by the Board under | 14 | | this Section ; or . | 15 | | (4) construct, install, modify, or close a CCR surface
| 16 | | impoundment in accordance with a permit issued under this
| 17 | | Act without certifying to the Agency that all contractors, | 18 | | subcontractors, and installers utilized to construct, | 19 | | install, modify, or close a CCR surface impoundment are | 20 | | participants in: | 21 | | (A) a training program that is approved by and
| 22 | | registered with the United States Department of
| 23 | | Labor's Employment and Training Administration and
| 24 | | that includes instruction in erosion control and
| 25 | | environmental remediation; and | 26 | | (B) a training program that is approved by and
|
| | | 10200HB3783ham001 | - 4 - | LRB102 15016 CPF 25065 a |
|
| 1 | | registered with the United States Department of
| 2 | | Labor's Employment and Training Administration and
| 3 | | that includes instruction in the operation of heavy
| 4 | | equipment and excavation. | 5 | | Nothing in this paragraph (4) shall be construed to | 6 | | require providers of construction-related professional | 7 | | services to participate in a training program approved by | 8 | | and registered with the United States Department of | 9 | | Labor's Employment and Training Administration. | 10 | | In this paragraph (4), "construction-related | 11 | | professional services" includes, but is
not limited to, | 12 | | those services within the scope of: (i) the
practice of | 13 | | architecture as regulated under the
Illinois Architecture | 14 | | Practice Act of 1989; (ii) professional
engineering as | 15 | | defined in Section 4 of the Professional
Engineering | 16 | | Practice Act of 1989; (iii) the practice of a structural
| 17 | | engineer as defined in Section 4 of the Structural | 18 | | Engineering Practice Act of
1989; or (iv) land surveying | 19 | | under the Illinois Professional Land
Surveyor Act of 1989. | 20 | | (c) For purposes of this Section, a permit issued by the | 21 | | Administrator of the United States Environmental Protection | 22 | | Agency under Section 4005 of the federal Resource Conservation | 23 | | and Recovery Act, shall be deemed to be a permit under this | 24 | | Section and subsection (y) of Section 39. | 25 | | (d) Before commencing closure of a CCR surface | 26 | | impoundment, in accordance with Board rules, the owner of a |
| | | 10200HB3783ham001 | - 5 - | LRB102 15016 CPF 25065 a |
|
| 1 | | CCR surface impoundment must submit to the Agency for approval | 2 | | a closure alternatives analysis that analyzes all closure | 3 | | methods being considered and that otherwise satisfies all | 4 | | closure requirements adopted by the Board under this Act. | 5 | | Complete removal of CCR, as specified by the Board's rules, | 6 | | from the CCR surface impoundment must be considered and | 7 | | analyzed. Section 3.405 does not apply to the Board's rules | 8 | | specifying complete removal of CCR. The selected closure | 9 | | method must ensure compliance with regulations adopted by the | 10 | | Board pursuant to this Section. | 11 | | (e) Owners or operators of CCR surface impoundments who | 12 | | have submitted a closure plan to the Agency before May 1, 2019, | 13 | | and who have completed closure prior to 24 months after July | 14 | | 30, 2019 ( the effective date of Public Act 101-171) this | 15 | | amendatory Act of the 101st General Assembly shall not be | 16 | | required to obtain a construction permit for the surface | 17 | | impoundment closure under this Section. | 18 | | (f) Except for the State, its agencies and institutions, a | 19 | | unit of local government, or not-for-profit electric | 20 | | cooperative as defined in Section 3.4 of the Electric Supplier | 21 | | Act, any person who owns or operates a CCR surface impoundment | 22 | | in this State shall post with the Agency a performance bond or | 23 | | other security for the purpose of: (i) ensuring closure of the | 24 | | CCR surface impoundment and post-closure care in accordance | 25 | | with this Act and its rules; and (ii) ensuring insuring | 26 | | remediation of releases from the CCR surface impoundment. The |
| | | 10200HB3783ham001 | - 6 - | LRB102 15016 CPF 25065 a |
|
| 1 | | only acceptable forms of financial assurance are: a trust | 2 | | fund, a surety bond guaranteeing payment, a surety bond | 3 | | guaranteeing performance, or an irrevocable letter of credit. | 4 | | (1) The cost estimate for the post-closure care of a | 5 | | CCR surface impoundment shall be calculated using a | 6 | | 30-year post-closure care period or such longer period as | 7 | | may be approved by the Agency under Board or federal | 8 | | rules. | 9 | | (2) The Agency is authorized to enter into such | 10 | | contracts and agreements as it may deem necessary to carry | 11 | | out the purposes of this Section. Neither the State, nor | 12 | | the Director, nor any State employee shall be liable for | 13 | | any damages or injuries arising out of or resulting from | 14 | | any action taken under this Section. | 15 | | (3) The Agency shall have the authority to approve or | 16 | | disapprove any performance bond or other security posted | 17 | | under this subsection. Any person whose performance bond | 18 | | or other security is disapproved by the Agency may contest | 19 | | the disapproval as a permit denial appeal pursuant to | 20 | | Section 40. | 21 | | (g) The Board shall adopt rules establishing construction | 22 | | permit requirements, operating permit requirements, design | 23 | | standards, reporting, financial assurance, and closure and | 24 | | post-closure care requirements for CCR surface impoundments. | 25 | | Not later than 8 months after July 30, 2019 ( the effective date | 26 | | of Public Act 101-171) this amendatory Act of the 101st |
| | | 10200HB3783ham001 | - 7 - | LRB102 15016 CPF 25065 a |
|
| 1 | | General Assembly the Agency shall propose, and not later than | 2 | | one year after receipt of the Agency's proposal the Board | 3 | | shall adopt, rules under this Section. The rules must, at a | 4 | | minimum: | 5 | | (1) be at least as protective and comprehensive as the | 6 | | federal regulations or amendments thereto promulgated by | 7 | | the Administrator of the United States Environmental | 8 | | Protection Agency in Subpart D of 40 CFR 257 governing CCR | 9 | | surface impoundments; | 10 | | (2) specify the minimum contents of CCR surface | 11 | | impoundment construction and operating permit | 12 | | applications, including the closure alternatives analysis | 13 | | required under subsection (d); | 14 | | (3) specify which types of permits include | 15 | | requirements for closure, post-closure, remediation and | 16 | | all other requirements applicable to CCR surface | 17 | | impoundments; | 18 | | (4) specify when permit applications for existing CCR | 19 | | surface impoundments must be submitted, taking into | 20 | | consideration whether the CCR surface impoundment must | 21 | | close under the RCRA; | 22 | | (5) specify standards for review and approval by the | 23 | | Agency of CCR surface impoundment permit applications; | 24 | | (6) specify meaningful public participation procedures | 25 | | for the issuance of CCR surface impoundment construction | 26 | | and operating permits, including, but not limited to, |
| | | 10200HB3783ham001 | - 8 - | LRB102 15016 CPF 25065 a |
|
| 1 | | public notice of the submission of permit applications, an | 2 | | opportunity for the submission of public comments, an | 3 | | opportunity for a public hearing prior to permit issuance, | 4 | | and a summary and response of the comments prepared by the | 5 | | Agency; | 6 | | (7) prescribe the type and amount of the performance | 7 | | bonds or other securities required under subsection (f), | 8 | | and the conditions under which the State is entitled to | 9 | | collect moneys from such performance bonds or other | 10 | | securities; | 11 | | (8) specify a procedure to identify areas of | 12 | | environmental justice concern in relation to CCR surface | 13 | | impoundments; | 14 | | (9) specify a method to prioritize CCR surface | 15 | | impoundments required to close under RCRA if not otherwise | 16 | | specified by the United States Environmental Protection | 17 | | Agency, so that the CCR surface impoundments with the | 18 | | highest risk to public health and the environment, and | 19 | | areas of environmental justice concern are given first | 20 | | priority; | 21 | | (10) define when complete removal of CCR is achieved | 22 | | and specify the standards for responsible removal of CCR | 23 | | from CCR surface impoundments, including, but not limited | 24 | | to, dust controls and the protection of adjacent surface | 25 | | water and groundwater; and | 26 | | (11) describe the process and standards for |
| | | 10200HB3783ham001 | - 9 - | LRB102 15016 CPF 25065 a |
|
| 1 | | identifying a specific alternative source of groundwater | 2 | | pollution when the owner or operator of the CCR surface | 3 | | impoundment believes that groundwater contamination on the | 4 | | site is not from the CCR surface impoundment. | 5 | | (h) Any owner of a CCR surface impoundment that generates | 6 | | CCR and sells or otherwise provides coal combustion byproducts | 7 | | pursuant to Section 3.135 shall, every 12 months, post on its | 8 | | publicly available website a report specifying the volume or | 9 | | weight of CCR, in cubic yards or tons, that it sold or provided | 10 | | during the past 12 months. | 11 | | (i) The owner of a CCR surface impoundment shall post all | 12 | | closure plans, permit applications, and supporting | 13 | | documentation, as well as any Agency approval of the plans or | 14 | | applications on its publicly available website. | 15 | | (j) The owner or operator of a CCR surface impoundment | 16 | | shall pay the following fees: | 17 | | (1) An initial fee to the Agency within 6 months after | 18 | | July 30, 2019 ( the effective date of Public Act 101-171) | 19 | | this amendatory Act of the 101st General Assembly of: | 20 | | $50,000 for each closed CCR surface impoundment; | 21 | | and | 22 | | $75,000 for each CCR surface impoundment that have | 23 | | not completed closure. | 24 | | (2) Annual fees to the Agency, beginning on July 1, | 25 | | 2020, of: | 26 | | $25,000 for each CCR surface impoundment that has |
| | | 10200HB3783ham001 | - 10 - | LRB102 15016 CPF 25065 a |
|
| 1 | | not completed closure; and | 2 | | $15,000 for each CCR surface impoundment that has | 3 | | completed closure, but has not completed post-closure | 4 | | care. | 5 | | (k) All fees collected by the Agency under subsection (j) | 6 | | shall be deposited into the Environmental Protection Permit | 7 | | and Inspection Fund. | 8 | | (l) The Coal Combustion Residual Surface Impoundment | 9 | | Financial Assurance Fund is created as a special fund in the | 10 | | State treasury. Any moneys forfeited to the State of Illinois | 11 | | from any performance bond or other security required under | 12 | | this Section shall be placed in the Coal Combustion Residual | 13 | | Surface Impoundment Financial Assurance Fund and shall, upon | 14 | | approval by the Governor and the Director, be used by the | 15 | | Agency for the purposes for which such performance bond or | 16 | | other security was issued. The Coal Combustion Residual | 17 | | Surface Impoundment Financial Assurance Fund is not subject to | 18 | | the provisions of subsection (c) of Section 5 of the State | 19 | | Finance Act. | 20 | | (m) The provisions of this Section shall apply, without | 21 | | limitation, to all existing CCR surface impoundments and any | 22 | | CCR surface impoundments constructed after July 30, 2019 ( the | 23 | | effective date of Public Act 101-171) this amendatory Act of | 24 | | the 101st General Assembly , except to the extent prohibited by | 25 | | the Illinois or United States Constitutions.
| 26 | | (Source: P.A. 101-171, eff. 7-30-19; revised 10-22-19.)
|
| | | 10200HB3783ham001 | - 11 - | LRB102 15016 CPF 25065 a |
|
| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
|
|