Illinois General Assembly - Full Text of SB3073
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Full Text of SB3073  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/11/2022, by Sen. Adriane Johnson


415 ILCS 5/22.59a new

    Amends the Environmental Protection Act. Provides that all CCR generated by the electric generating industry located in a municipality bordering Lake Michigan with greater than 75,000 inhabitants but fewer than 150,000 inhabitants shall be removed from the site. Provides that, notwithstanding any other provision of law, the amendatory provisions do not impact any financial obligation arising before their effective date. Effective immediately.

LRB102 23422 CPF 32591 b





SB3073LRB102 23422 CPF 32591 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5adding Section 22.59a as follows:
6    (415 ILCS 5/22.59a new)
7    Sec. 22.59a. Great Lakes CCR protection.
8    (a) The General Assembly finds that:
9        (1) The State has a long-standing policy to restore,
10    protect, and enhance the environment, and has a particular
11    interest in preserving the quality of Lake Michigan, which
12    serves as a drinking water source for millions of State
13    residents and provides irreplaceable recreational,
14    ecological, and economic value to Illinois.
15        (2) CCR generated by the electric generating industry
16    has contaminated, and continues to contaminate, Lake
17    Michigan, and CCR placed in unlined deposits, including
18    deposits outside of CCR surface impoundments as well as in
19    CCR surface impoundments, continues to threaten the
20    quality of Lake Michigan's water.
21    The purpose of this Section is to protect Lake Michigan
22against further contamination from CCR.
23    (b) All CCR generated by the electric generating industry



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1located in a municipality bordering Lake Michigan with greater
2than 75,000 inhabitants but fewer than 150,000 inhabitants,
3based on 2020 census data, shall be removed from the site as
5        (1) CCR in all CCR surface impoundments and any CCR
6    deposits for which an adjusted standard has been sought
7    pursuant to Section 28.1 shall be closed by removal,
8    pursuant to the procedures set out in Section 22.59 and
9    implementing regulations under 35 Ill. Adm. Code Part 845,
10    notwithstanding any operating or construction permit
11    application submitted to the Agency or any permit granted
12    by the Agency under Part 845 of Title 35 of the Illinois
13    Administrative Code. Any permit application or permit
14    allowing a CCR surface impoundment subject to this Section
15    to close in place shall be declared void by the Agency. If
16    the owner or operator of any CCR surface impoundment
17    subject to this Section has submitted a construction
18    permit application to the Agency to close a subject CCR
19    surface impoundment by any method other than removal under
20    Part 845 of Title 35 of the Illinois Administrative Code,
21    the owner or operator shall submit an amended construction
22    permit application that complies with the requirements of
23    this Section.
24        (2) The owner or operator of any electric generating
25    unit shall conduct a site investigation sufficient to
26    identify and characterize the scope and extent of all CCR



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1    placed, stored, or disposed outside of CCR surface
2    impoundments at the facility. Within one year of the
3    effective date of this amendatory Act of the 102nd General
4    Assembly, the owner or operator shall propose the site
5    investigation in a construction permit application
6    following the procedures for construction permits under
7    Section 22.59, subsection (y) of Section 39, and 35 Ill.
8    Adm. Code Part 845. The Agency shall grant, grant with
9    conditions, or deny the permit application in accordance
10    with those procedures within 6 months of receipt of a
11    complete application. If the Agency denies the
12    application, the owner or operators of the electric
13    generating unit must fix all deficiencies identified by
14    the Agency and submit a corrected permit application
15    within 3 months of the denial.
16        (3) The owner or operator must complete the site
17    investigation set out in this subsection (b) within one
18    year of the Agency's issuance of the permit.
19        (4) Within 6 months of completing the site
20    investigation, the owner or operator of an electric
21    generating unit shall submit a construction permit
22    application to the Agency, which shall be evaluated,
23    granted, or denied by the Agency following the procedures
24    for construction permits under Section 22.59, subsection
25    (y) of Section 39, and 35 Ill. Adm. Code Part 845. The
26    Agency may grant such permit application only if it



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1    proposes to remove all CCR outside of CCR surface
2    impoundments from the site consistent with the procedures
3    set out in 35 Ill. Adm. Code Part 845 for closure by
4    removal.
5        (5) If the Agency grants or denies a permit under this
6    Section, a third party, other than the permit applicant or
7    the Agency, may petition the Board within 35 days from the
8    date of issuance of the Agency's decision, for a hearing
9    to contest the decision of the Agency. If the Board
10    determines that the petition is not duplicative or
11    frivolous, the Board shall hear the petition (i) in
12    accordance with the terms of subsection (a) of Section 40
13    as well as the procedural rules governing permit appeals,
14    and (ii) exclusively on the basis of the record before the
15    Agency. The burden of proof shall be on the petitioner.
16    (c) Notwithstanding any other provision of law, this
17Section does not impact any financial obligation arising
18before the effective date of this amendatory Act of the 102nd
19General Assembly, including, but not limited to, any financial
20obligation imposed or impacted by any change to this Act made
21by Public Act 101-171.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.