Full Text of HB4358 102nd General Assembly
HB4358ham001 102ND GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 2/9/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4358
| 2 | | AMENDMENT NO. ______. Amend House Bill 4358 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 and by adding Section 22.59a as | 6 | | follows: | 7 | | (415 ILCS 5/22.59) | 8 | | Sec. 22.59. CCR surface impoundments. | 9 | | (a) The General Assembly finds that: | 10 | | (1) the State of Illinois has a long-standing policy | 11 | | to restore, protect, and enhance the environment, | 12 | | including the purity of the air, land, and waters, | 13 | | including groundwaters, of this State; | 14 | | (2) a clean environment is essential to the growth and | 15 | | well-being of this State; | 16 | | (3) CCR generated by the electric generating industry |
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| 1 | | has caused groundwater contamination and other forms of | 2 | | pollution at active and inactive plants throughout this | 3 | | State; | 4 | | (4) environmental laws should be supplemented to | 5 | | ensure consistent, responsible regulation of all existing | 6 | | CCR surface impoundments; and | 7 | | (5) meaningful participation of State residents, | 8 | | especially vulnerable populations who may be affected by | 9 | | regulatory actions, is critical to ensure that | 10 | | environmental justice considerations are incorporated in | 11 | | the development of, decision-making related to, and | 12 | | implementation of environmental laws and rulemaking that | 13 | | protects and improves the well-being of communities in | 14 | | this State that bear disproportionate burdens imposed by | 15 | | environmental pollution ; and . | 16 | | (6) the State has a particular interest in preserving | 17 | | the quality of Lake Michigan, which serves as a drinking | 18 | | water source for millions of State residents and provides | 19 | | irreplaceable recreational, ecological, and economic value | 20 | | to Illinois. | 21 | | Therefore, the purpose of this Section is to promote a | 22 | | healthful environment, including clean water, air, and land, | 23 | | meaningful public involvement, and the responsible disposal | 24 | | and storage of coal combustion residuals, so as to protect | 25 | | public health and to prevent pollution of the environment of | 26 | | this State. |
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| 1 | | The provisions of this Section shall be liberally | 2 | | construed to carry out the purposes of this Section. | 3 | | (b) No person shall: | 4 | | (1) cause or allow the discharge of any contaminants | 5 | | from a CCR surface impoundment into the environment so as | 6 | | to cause, directly or indirectly, a violation of this | 7 | | Section or any regulations or standards adopted by the | 8 | | Board under this Section, either alone or in combination | 9 | | with contaminants from other sources; | 10 | | (2) construct, install, modify, operate, or close any | 11 | | CCR surface impoundment without a permit granted by the | 12 | | Agency, or so as to violate any conditions imposed by such | 13 | | permit, any provision of this Section or any regulations | 14 | | or standards adopted by the Board under this Section; | 15 | | (3) cause or allow, directly or indirectly, the | 16 | | discharge, deposit, injection, dumping, spilling, leaking, | 17 | | or placing of any CCR upon the land in a place and manner | 18 | | so as to cause or tend to cause a violation of this Section | 19 | | or any regulations or standards adopted by the Board under | 20 | | this Section; or | 21 | | (4) construct, install, modify, or close a CCR surface
| 22 | | impoundment in accordance with a permit issued under this
| 23 | | Act without certifying to the Agency that all contractors, | 24 | | subcontractors, and installers utilized to construct, | 25 | | install, modify, or close a CCR surface impoundment are | 26 | | participants in: |
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| 1 | | (A) a training program that is approved by and
| 2 | | registered with the United States Department of
| 3 | | Labor's Employment and Training Administration and
| 4 | | that includes instruction in erosion control and
| 5 | | environmental remediation; and | 6 | | (B) a training program that is approved by and
| 7 | | registered with the United States Department of
| 8 | | Labor's Employment and Training Administration and
| 9 | | that includes instruction in the operation of heavy
| 10 | | equipment and excavation. | 11 | | Nothing in this paragraph (4) shall be construed to | 12 | | require providers of construction-related professional | 13 | | services to participate in a training program approved by | 14 | | and registered with the United States Department of | 15 | | Labor's Employment and Training Administration. | 16 | | In this paragraph (4), "construction-related | 17 | | professional services" includes, but is
not limited to, | 18 | | those services within the scope of: (i) the
practice of | 19 | | architecture as regulated under the
Illinois Architecture | 20 | | Practice Act of 1989; (ii) professional
engineering as | 21 | | defined in Section 4 of the Professional
Engineering | 22 | | Practice Act of 1989; (iii) the practice of a structural
| 23 | | engineer as defined in Section 4 of the Structural | 24 | | Engineering Practice Act of
1989; or (iv) land surveying | 25 | | under the Illinois Professional Land
Surveyor Act of 1989. | 26 | | (c) (Blank). |
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| 1 | | (d) Before commencing closure of a CCR surface | 2 | | impoundment, in accordance with Board rules, the owner of a | 3 | | CCR surface impoundment must submit to the Agency for approval | 4 | | a closure alternatives analysis that analyzes all closure | 5 | | methods being considered and that otherwise satisfies all | 6 | | closure requirements adopted by the Board under this Act. | 7 | | Complete removal of CCR, as specified by the Board's rules, | 8 | | from the CCR surface impoundment must be considered and | 9 | | analyzed. Section 3.405 does not apply to the Board's rules | 10 | | specifying complete removal of CCR. The selected closure | 11 | | method must ensure compliance with regulations adopted by the | 12 | | Board pursuant to this Section. | 13 | | (e) Owners or operators of CCR surface impoundments who | 14 | | have submitted a closure plan to the Agency before May 1, 2019, | 15 | | and who have completed closure prior to 24 months after July | 16 | | 30, 2019 (the effective date of Public Act 101-171) shall not | 17 | | be required to obtain a construction permit for the surface | 18 | | impoundment closure under this Section. | 19 | | (f) Except for the State, its agencies and institutions, a | 20 | | unit of local government, or not-for-profit electric | 21 | | cooperative as defined in Section 3.4 of the Electric Supplier | 22 | | Act, any person who owns or operates a CCR surface impoundment | 23 | | in this State shall post with the Agency a performance bond or | 24 | | other security for the purpose of: (i) ensuring closure of the | 25 | | CCR surface impoundment and post-closure care in accordance | 26 | | with this Act and its rules; and (ii) ensuring remediation of |
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| 1 | | releases from the CCR surface impoundment. The only acceptable | 2 | | forms of financial assurance are: a trust fund, a surety bond | 3 | | guaranteeing payment, a surety bond guaranteeing performance, | 4 | | or an irrevocable letter of credit. | 5 | | (1) The cost estimate for the post-closure care of a | 6 | | CCR surface impoundment shall be calculated using a | 7 | | 30-year post-closure care period or such longer period as | 8 | | may be approved by the Agency under Board or federal | 9 | | rules. | 10 | | (2) The Agency is authorized to enter into such | 11 | | contracts and agreements as it may deem necessary to carry | 12 | | out the purposes of this Section. Neither the State, nor | 13 | | the Director, nor any State employee shall be liable for | 14 | | any damages or injuries arising out of or resulting from | 15 | | any action taken under this Section. | 16 | | (3) The Agency shall have the authority to approve or | 17 | | disapprove any performance bond or other security posted | 18 | | under this subsection. Any person whose performance bond | 19 | | or other security is disapproved by the Agency may contest | 20 | | the disapproval as a permit denial appeal pursuant to | 21 | | Section 40. | 22 | | (g) The Board shall adopt rules establishing construction | 23 | | permit requirements, operating permit requirements, design | 24 | | standards, reporting, financial assurance, and closure and | 25 | | post-closure care requirements for CCR surface impoundments. | 26 | | Not later than 8 months after July 30, 2019 (the effective date |
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| 1 | | of Public Act 101-171) the Agency shall propose, and not later | 2 | | than one year after receipt of the Agency's proposal the Board | 3 | | shall adopt, rules under this Section. The Board shall not be | 4 | | deemed in noncompliance with the rulemaking deadline due to | 5 | | delays in adopting rules as a result of the Joint Commission on | 6 | | Administrative Rules oversight process. The rules must, at a | 7 | | minimum: | 8 | | (1) be at least as protective and comprehensive as the | 9 | | federal regulations or amendments thereto promulgated by | 10 | | the Administrator of the United States Environmental | 11 | | Protection Agency in Subpart D of 40 CFR 257 governing CCR | 12 | | surface impoundments; | 13 | | (2) specify the minimum contents of CCR surface | 14 | | impoundment construction and operating permit | 15 | | applications, including the closure alternatives analysis | 16 | | required under subsection (d); | 17 | | (3) specify which types of permits include | 18 | | requirements for closure, post-closure, remediation and | 19 | | all other requirements applicable to CCR surface | 20 | | impoundments; | 21 | | (4) specify when permit applications for existing CCR | 22 | | surface impoundments must be submitted, taking into | 23 | | consideration whether the CCR surface impoundment must | 24 | | close under the RCRA; | 25 | | (5) specify standards for review and approval by the | 26 | | Agency of CCR surface impoundment permit applications; |
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| 1 | | (6) specify meaningful public participation procedures | 2 | | for the issuance of CCR surface impoundment construction | 3 | | and operating permits, including, but not limited to, | 4 | | public notice of the submission of permit applications, an | 5 | | opportunity for the submission of public comments, an | 6 | | opportunity for a public hearing prior to permit issuance, | 7 | | and a summary and response of the comments prepared by the | 8 | | Agency; | 9 | | (7) prescribe the type and amount of the performance | 10 | | bonds or other securities required under subsection (f), | 11 | | and the conditions under which the State is entitled to | 12 | | collect moneys from such performance bonds or other | 13 | | securities; | 14 | | (8) specify a procedure to identify areas of | 15 | | environmental justice concern in relation to CCR surface | 16 | | impoundments; | 17 | | (9) specify a method to prioritize CCR surface | 18 | | impoundments required to close under RCRA if not otherwise | 19 | | specified by the United States Environmental Protection | 20 | | Agency, so that the CCR surface impoundments with the | 21 | | highest risk to public health and the environment, and | 22 | | areas of environmental justice concern are given first | 23 | | priority; | 24 | | (10) define when complete removal of CCR is achieved | 25 | | and specify the standards for responsible removal of CCR | 26 | | from CCR surface impoundments, including, but not limited |
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| 1 | | to, dust controls and the protection of adjacent surface | 2 | | water and groundwater; and | 3 | | (11) describe the process and standards for | 4 | | identifying a specific alternative source of groundwater | 5 | | pollution when the owner or operator of the CCR surface | 6 | | impoundment believes that groundwater contamination on the | 7 | | site is not from the CCR surface impoundment. | 8 | | (h) Any owner of a CCR surface impoundment that generates | 9 | | CCR and sells or otherwise provides coal combustion byproducts | 10 | | pursuant to Section 3.135 shall, every 12 months, post on its | 11 | | publicly available website a report specifying the volume or | 12 | | weight of CCR, in cubic yards or tons, that it sold or provided | 13 | | during the past 12 months. | 14 | | (i) The owner of a CCR surface impoundment shall post all | 15 | | closure plans, permit applications, and supporting | 16 | | documentation, as well as any Agency approval of the plans or | 17 | | applications on its publicly available website. | 18 | | (j) The owner or operator of a CCR surface impoundment | 19 | | shall pay the following fees: | 20 | | (1) An initial fee to the Agency within 6 months after | 21 | | July 30, 2019 (the effective date of Public Act 101-171) | 22 | | of: | 23 | | $50,000 for each closed CCR surface impoundment; | 24 | | and | 25 | | $75,000 for each CCR surface impoundment that have | 26 | | not completed closure. |
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| 1 | | (2) Annual fees to the Agency, beginning on July 1, | 2 | | 2020, of: | 3 | | $25,000 for each CCR surface impoundment that has | 4 | | not completed closure; and | 5 | | $15,000 for each CCR surface impoundment that has | 6 | | completed closure, but has not completed post-closure | 7 | | care. | 8 | | (k) All fees collected by the Agency under subsection (j) | 9 | | shall be deposited into the Environmental Protection Permit | 10 | | and Inspection Fund. | 11 | | (l) The Coal Combustion Residual Surface Impoundment | 12 | | Financial Assurance Fund is created as a special fund in the | 13 | | State treasury. Any moneys forfeited to the State of Illinois | 14 | | from any performance bond or other security required under | 15 | | this Section shall be placed in the Coal Combustion Residual | 16 | | Surface Impoundment Financial Assurance Fund and shall, upon | 17 | | approval by the Governor and the Director, be used by the | 18 | | Agency for the purposes for which such performance bond or | 19 | | other security was issued. The Coal Combustion Residual | 20 | | Surface Impoundment Financial Assurance Fund is not subject to | 21 | | the provisions of subsection (c) of Section 5 of the State | 22 | | Finance Act. | 23 | | (m) The provisions of this Section shall apply, without | 24 | | limitation, to all existing CCR surface impoundments and any | 25 | | CCR surface impoundments constructed after July 30, 2019 (the | 26 | | effective date of Public Act 101-171), except to the extent |
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| 1 | | prohibited by the Illinois or United States Constitutions. | 2 | | (n) This subsection applies to owners and operators of CCR | 3 | | surface impoundments at electric generating plants that are | 4 | | bordering Lake Michigan. | 5 | | CCR in all CCR surface impoundments subject to this | 6 | | subsection, including those for which an adjusted standard has | 7 | | been sought pursuant to Section 28.1, shall be closed by | 8 | | removal by off-site disposal, pursuant to this Section, | 9 | | applicable Illinois Pollution Control Board regulations, and | 10 | | the following provisions: | 11 | | (1) CCR surface impoundments under this subsection are | 12 | | not subject to the closure alternative analysis required | 13 | | under subsection (d). | 14 | | (2) Notwithstanding any other requirements of this | 15 | | Section or Board rules or regulations, applications for | 16 | | closure construction subject to this subsection shall be | 17 | | submitted to the Agency within one year after the | 18 | | effective date of this amendatory Act of the 102nd General | 19 | | Assembly. Application requirements and permit issuance | 20 | | procedures shall follow those adopted by the Illinois | 21 | | Pollution Control Board under this Section. | 22 | | (3) If the owner or operator of any CCR surface | 23 | | impoundment subject to this subsection has submitted a | 24 | | construction permit application to the Agency to close a | 25 | | subject CCR surface impoundment by any method other than | 26 | | removal under Part 845 of Title 35 of the Illinois |
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| 1 | | Administrative Code, the owner or operator shall submit an | 2 | | amended construction permit application that complies with | 3 | | the requirements of this Section within one year after the | 4 | | effective date of this amendatory Act of 102nd General | 5 | | Assembly. | 6 | | (4) Any permit issued by the Agency allowing a CCR | 7 | | surface impoundment subject to this subsection to close in | 8 | | place shall be declared void. The Agency shall not issue | 9 | | any operating permit or construction permit allowing | 10 | | closure in place to the owner or operator of any CCR | 11 | | surface impoundment subject to this subsection.
| 12 | | (Source: P.A. 101-171, eff. 7-30-19; 102-16, eff. 6-17-21; | 13 | | 102-137, eff. 7-23-21; 102-309, eff. 8-6-21; 102-558, eff. | 14 | | 8-20-21; 102-662, eff. 9-15-21; revised 10-14-21.) | 15 | | (415 ILCS 5/22.59a new) | 16 | | Sec. 22.59a. Great Lakes CCR protection. | 17 | | (a) The General Assembly finds that: | 18 | | (1) The State has a long-standing policy to restore, | 19 | | protect, and enhance the environment, and has a particular | 20 | | interest in preserving the quality of Lake Michigan, which | 21 | | serves as a drinking water source for millions of State | 22 | | residents and provides irreplaceable recreational, | 23 | | ecological, and economic value to Illinois. | 24 | | (2) CCR generated by the electric generating industry | 25 | | has contaminated, and continues to contaminate, Lake |
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| 1 | | Michigan, and CCR placed in unlined deposits, including | 2 | | deposits outside of CCR surface impoundments as well as in | 3 | | CCR surface impoundments, continues to threaten the | 4 | | quality of Lake Michigan's water. | 5 | | (3) The purpose of this Section is to protect Lake | 6 | | Michigan against further contamination from CCR. | 7 | | (b) This Section applies to owners and operators of CCR | 8 | | surface impoundments at electric generating plants that are | 9 | | bordering Lake Michigan. This section shall not apply to CCR | 10 | | surface impoundments subject to Section 22.59, except for | 11 | | subsection (n) of that Section. | 12 | | (c) An owner or operator shall remove from their site, for | 13 | | off-site disposal, all CCR generated by the facility and | 14 | | remediate all soil and groundwater impacted by the CCR, in | 15 | | accordance with the following: | 16 | | (1) Within one year after the effective date of this | 17 | | amendatory Act of the 102nd General Assembly, the owner or | 18 | | operator shall conduct a site investigation and submit to | 19 | | the Agency a site investigation report that identifies the | 20 | | full extent of CCR at the site. The investigation and | 21 | | report shall also identify the full extent of soil and | 22 | | groundwater that, as a result of the CCR, exceeds the most | 23 | | stringent remediation objectives adopted under Title XVII | 24 | | of this Act. | 25 | | (A) Within 5 days after submitting the report to | 26 | | the Agency, the owner or operator shall post public |
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| 1 | | notice of the report's submission (i) on the owner or | 2 | | operator's website, along with a copy of the report | 3 | | for public viewing, and (ii) in a newspaper of general | 4 | | distribution in the municipality. The notice shall be | 5 | | provided in English and Spanish and shall inform the | 6 | | public of their right to submit comments on the report | 7 | | to the Agency within 30 days after the date the notice | 8 | | is published in the newspaper. The owner or operator | 9 | | shall also maintain a copy of the report in a public | 10 | | repository in the municipality for public viewing, | 11 | | which shall be identified in the public notice. | 12 | | (B) Within 90 days after receipt of the site | 13 | | investigation report, the Agency shall determine | 14 | | whether the investigation and report complies with | 15 | | this paragraph (1). In making its determination, the | 16 | | Agency shall consider all public comments submitted | 17 | | within 30 days after the date of the newspaper notice | 18 | | required under subparagraph (A). | 19 | | (C) If the Agency determines the investigation and | 20 | | report complies with this paragraph (1) it shall | 21 | | notify the owner or operator in writing of its | 22 | | determination. The owner or operator shall then submit | 23 | | a CCR removal and remediation plan in accordance with | 24 | | paragraph (2). | 25 | | (D) If the Agency determines the investigation or | 26 | | report does not comply with this paragraph (1) it |
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| 1 | | shall notify the owner or operator in writing of its | 2 | | determination and the reasons for the determination. | 3 | | The owner or operator shall then have 6 months to (i) | 4 | | perform additional investigation or correct any | 5 | | deficiencies and (ii) submit an amended site | 6 | | investigation report to the Agency, which shall be | 7 | | subject to the same submission and review procedures | 8 | | set forth in this paragraph (1). | 9 | | (2) Within 6 months after the Agency's approval of the | 10 | | site investigation report, the owner or operator shall | 11 | | submit to the Agency a CCR removal and remediation plan | 12 | | that will achieve the removal of all CCR at the site and | 13 | | the remediation of all soil and groundwater that, as a | 14 | | result of the CCR, exceeds the most stringent remediation | 15 | | objectives adopted under Title XVII of this Act. The plan | 16 | | shall include a schedule for completion of its major | 17 | | milestones, along with the following: | 18 | | (A) An analysis of the modes for transporting the | 19 | | removed CCR off-site, including by rail, barge, | 20 | | low-polluting trucks, or a combination of these | 21 | | transportation modes. | 22 | | (B) Removal of CCR consistent with 35 Ill. Adm. | 23 | | Code 845.740 and 845.760. | 24 | | (C) Within 5 days after submitting the plan to the | 25 | | Agency, the owner or operator shall post public notice | 26 | | of the plan's submission (i) on the owner or |
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| 1 | | operator's website, along with a copy of the plan for | 2 | | public viewing, and (ii) in a newspaper of general | 3 | | distribution in the municipality. The notice shall be | 4 | | provided in English and Spanish and shall inform the | 5 | | public of their right to submit comments on the plan to | 6 | | the Agency within 30 days after the date the notice is | 7 | | published in the newspaper. The owner or operator | 8 | | shall also maintain a copy of the report in a public | 9 | | repository in the municipality for public viewing, | 10 | | which shall be identified in the public notice. | 11 | | (D) Within 90 days after receipt of the plan, the | 12 | | Agency shall determine whether the plan complies with | 13 | | this paragraph (2). In making its determination, the | 14 | | Agency shall consider all public comments submitted | 15 | | within 30 days after the date of the newspaper notice | 16 | | required under subparagraph (C). | 17 | | (E) If the Agency determines the plan, with or | 18 | | without Agency modifications, complies with paragraph | 19 | | (2), it shall notify the owner or operator in writing | 20 | | of its determination. The owner or operator shall then | 21 | | proceed with implementation of the plan, including any | 22 | | modifications by the Agency, and submission of a | 23 | | removal and remediation report in accordance with | 24 | | paragraph (3). | 25 | | (F) If the Agency determines the investigation or | 26 | | report does not comply with paragraph (2), it shall |
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| 1 | | notify the owner or operator in writing of its | 2 | | determination and the reasons for the determination. | 3 | | The owner or operator shall then have 60 days to submit | 4 | | an amended plan to the Agency, which shall be subject | 5 | | to the same submission and review procedures set forth | 6 | | in subparagraphs (C) and (D). | 7 | | (3) In accordance with a schedule approved by the | 8 | | Agency, the owner or operator shall implement the | 9 | | remediation plan and provide the Agency with updates on | 10 | | the plan's implementation. Upon completion of the plan, | 11 | | the owner or operator shall submit a completion report to | 12 | | the Agency. | 13 | | (A) Within 5 days after submitting an update or | 14 | | the completion report to the Agency on plan | 15 | | implementation, the owner or operator shall post | 16 | | public notice of the report's submission (i) on the | 17 | | owner or operator's website, along with a copy of the | 18 | | report for public viewing, and (ii) in a newspaper of | 19 | | general distribution in the municipality. The notice | 20 | | shall be provided in English and Spanish and shall | 21 | | inform the public of their right to submit comments on | 22 | | the report to the Agency within 30 days after the date | 23 | | the notice is published in the newspaper. The owner or | 24 | | operator shall also maintain a copy of the report in a | 25 | | public repository in the municipality for public | 26 | | viewing, which shall be identified in the public |
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| 1 | | notice. | 2 | | (B) Within 90 days after receipt of the completion | 3 | | report, the Agency shall determine whether the removal | 4 | | and remediation has resulted in (i) the removal of all | 5 | | CCR at the site and (ii) the remediation of all soil | 6 | | and groundwater that, as a result of the CCR, exceeds | 7 | | the most stringent remediation objectives adopted | 8 | | under Title XVII of this Act. In making its | 9 | | determination, the Agency shall consider all public | 10 | | comments submitted within 30 days after the date of | 11 | | the newspaper notice required under subparagraph (A). | 12 | | (C) If the Agency determines that the required | 13 | | removal and remediation is complete, it shall notify | 14 | | the owner or operator in writing of its determination. | 15 | | (D) If the Agency determines that the required | 16 | | removal and remediation is not complete, it shall | 17 | | notify the owner or operator in writing of its | 18 | | determination and the reasons for the determination. | 19 | | The owner or operator shall then continue removal or | 20 | | remediation, and submit reports to the Agency, in | 21 | | accordance with a schedule established by the Agency. | 22 | | Reports shall be subject to the same submission and | 23 | | review procedures set forth in subparagraphs (A) and | 24 | | (B). If necessary, the owner or operator may amend the | 25 | | plan and submit it for review and approval in | 26 | | accordance with paragraph (2). |
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| 1 | | (d) Except for the State, its agencies and institutions, a | 2 | | unit of local government, or not-for-profit electric | 3 | | cooperative as defined in Section 3.4 of the Electric Supplier | 4 | | Act, an owner or operator shall post with the Agency a | 5 | | performance bond or other security for the purpose of ensuring | 6 | | removal and remediation in accordance with this Section. The | 7 | | only acceptable forms of financial assurance are the forms of | 8 | | financial assurance that are acceptable for CCR surface | 9 | | impoundments under Section 22.59. | 10 | | (e) The Agency may enter into such contracts and | 11 | | agreements as it deems necessary to carry out the purposes of | 12 | | this Section. Neither the State, nor the Director of the | 13 | | Agency, nor any State employee shall be liable for any damages | 14 | | or injuries arising out of or resulting from any action taken | 15 | | under this Section. | 16 | | (f) The Agency may approve or disapprove any performance | 17 | | bond or other security posted under this Section. Any person | 18 | | whose performance bond or other security is disapproved by the | 19 | | Agency may contest the disapproval as a permit denial appeal | 20 | | pursuant to Section 40.
| 21 | | Section 97. Severability. The provisions of this Act are | 22 | | severable under Section 1.31 of the Statute on Statutes. | 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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