Illinois General Assembly - Full Text of SB3626
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Full Text of SB3626  102nd General Assembly

SB3626 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3626

 

Introduced 1/19/2022, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 230/1004  from Ch. 111, par. 7854
225 ILCS 230/1005  from Ch. 111, par. 7855
225 ILCS 230/1006  from Ch. 111, par. 7856
225 ILCS 230/1007  from Ch. 111, par. 7857
225 ILCS 230/1009  from Ch. 111, par. 7859
225 ILCS 230/1010  from Ch. 111, par. 7860
225 ILCS 230/1011  from Ch. 111, par. 7861
225 ILCS 230/1012  from Ch. 111, par. 7862

    Amends the Solid Waste Site Operator Certification Law. Creates a Solid Waste Site Operator Certification. Removes provisions concerning Class "A" and Class "B" Solid Waste Site Operator Certification. Provides that the Environmental Protection Agency is authorized to approve the use of examinations conducted by third parties. Provides that the Agency shall maintain on its website information regarding the examinations. Provides that at the time of certificate renewal, the applicant shall certify the completion of 30 hours of continuing education covering the operation of landfills during the preceding 3 years. Provides that the fee for the issuance or renewal of a Solid Waste Site Operator Certificate shall be $1,000. Provides that if the fee for renewal is not paid within the grace period, the fee for renewal shall be increased by $100 (rather than $50). Makes other changes.


LRB102 22745 SPS 31891 b

 

 

A BILL FOR

 

SB3626LRB102 22745 SPS 31891 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Solid Waste Site Operator Certification Law
5is amended by changing Sections 1004, 1005, 1006, 1007, 1009,
61010, 1011 and 1012 as follows:
 
7    (225 ILCS 230/1004)  (from Ch. 111, par. 7854)
8    Sec. 1004. Prohibition. Beginning January 1, 1992, no
9person shall cause or allow the operation of a landfill
10permitted or required to be permitted by the Agency unless the
11landfill has on its operational staff at least one natural
12person certified as competent by the Agency under the
13provisions of this Act.
14    (a) For landfill sites which accept non-hazardous solid
15waste other than clean construction or demolition debris, the
16landfill shall have a Class A Solid Waste Site Operator
17certified by the Agency who is responsible for directing
18landfill operations or supervising other operational staff in
19performing landfill operations.
20    (b) For landfill sites which accept only clean
21construction or demolition debris, the landfill shall have a
22Class A or B Solid Waste Site Operator certified by the Agency
23who is responsible for directing landfill operations or

 

 

SB3626- 2 -LRB102 22745 SPS 31891 b

1supervising other operational staff in performing landfill
2operations.
3    (c) For landfill sites which accept special waste, the
4landfill shall have a Class A Solid Waste Site Operator
5certified by the Agency who has received a certification
6endorsement for the acceptance of special waste and who is
7responsible for directing landfill operations or supervising
8other operational staff in performing landfill operations.
9(Source: P.A. 86-1363.)
 
10    (225 ILCS 230/1005)  (from Ch. 111, par. 7855)
11    Sec. 1005. Agency authority. The Agency is authorized to
12exercise the following functions, powers and duties with
13respect to solid waste site operator certification:
14        (a) To conduct examinations, and to approve the use of
15    examinations conducted by third parties, to ascertain the
16    qualifications of applicants for certificates of
17    competency as solid waste site operators;
18        (b) To conduct courses of training on the practical
19    aspects of the design, operation and maintenance of
20    sanitary landfills;
21        (c) To issue a certificate to any applicant who has
22    satisfactorily met all the requirements pertaining to a
23    certificate of competency as a solid waste site operator;
24        (d) To suspend, revoke or refuse to issue any
25    certificate for any one or any combination of the

 

 

SB3626- 3 -LRB102 22745 SPS 31891 b

1    following causes:
2            (1) The practice of any fraud or deceit in
3        obtaining or attempting to obtain a certificate of
4        competency;
5            (2) Negligence or misconduct in the operation of a
6        sanitary landfill;
7            (3) Repeated failure to comply with any of the
8        requirements applicable to the operation of a sanitary
9        landfill, except for Board requirements applicable to
10        the collection of litter;
11            (4) Repeated violations of federal, State or local
12        laws, regulations, standards, or ordinances regarding
13        the operation of refuse disposal facilities or sites;
14            (5) For a holder of a certificate, conviction in
15        this or another State of any crime which is a felony
16        under the laws of this State or conviction of a felony
17        in a federal court; for an applicant, consideration of
18        such conviction shall be in accordance with Section
19        1005-1;
20            (6) Proof of gross carelessness or incompetence in
21        handling, storing, processing, transporting, or
22        disposing of any hazardous waste; or
23            (7) Being declared to be a person under a legal
24        disability by a court of competent jurisdiction and
25        not thereafter having been lawfully declared to be a
26        person not under legal disability or to have

 

 

SB3626- 4 -LRB102 22745 SPS 31891 b

1        recovered.
2        (e) To adopt rules necessary to perform its functions,
3    powers, and duties with respect to solid waste site
4    operator certifications.
5(Source: P.A. 100-286, eff. 1-1-18.)
 
6    (225 ILCS 230/1006)  (from Ch. 111, par. 7856)
7    Sec. 1006. Certification classifications. Solid Waste Site
8Operator certifications Operators shall be issued to those
9persons who in accordance with the provisions of this Section
10demonstrate a practical working knowledge of the design,
11operation, and maintenance of sanitary landfills in the
12following areas: certified in accordance with the following
13classifications:
14    (a) Class "A" Solid Waste Site Operator certificates shall
15be issued to those persons who in accordance with the
16provisions of this Section demonstrate a practical working
17knowledge of the design, operation, and maintenance of
18sanitary landfills in the following areas:
19        (1) unloading, spreading, and compacting of waste,
20    litter collection, and vector abatement;
21        (2) traffic control of vehicles delivering waste;
22        (3) application, maintenance, and inspection of cover
23    and cover requirements under Board rules and Agency
24    permits;
25        (4) fire control, on-site personnel safety

 

 

SB3626- 5 -LRB102 22745 SPS 31891 b

1    requirements, and contingency plan implementation;
2        (5) leachate control operation, leachate management,
3    and landfill gas management;
4        (6) identification of classes of waste;
5        (7) causes for revocation or suspension of
6    certificates;
7        (8) reporting and recordkeeping required by Board and
8    Agency regulations and Agency permits;
9        (9) financial assurance and groundwater monitoring
10    requirements;
11        (10) development and implementation of contingency
12    plans, closure plans, post closure plans, and corrective
13    action; and
14        (11) requirements for payment of fees; and .
15        (12) requirements applicable to the acceptance,
16    handling, and disposal of special waste.
17    (b) Class "B" Solid Waste Operator Certificates shall be
18issued to those persons who demonstrate a practical working
19knowledge of the design, operation, and maintenance of
20landfill sites accepting only clean construction or demolition
21debris in the following areas:
22        (1) unloading and spreading of waste;
23        (2) traffic control of vehicles delivering waste;
24        (3) application, maintenance, and inspection of cover
25    and cover requirement under Board rules and Agency
26    permits;

 

 

SB3626- 6 -LRB102 22745 SPS 31891 b

1        (4) fire control, on-site personnel safety segments
2    and contingency plan implementation;
3        (5) leachate control operation and leachate
4    management;
5        (6) identification of classes of waste;
6        (7) causes for revocation or suspension of
7    certificates;
8        (8) reporting and recordkeeping required by Board and
9    Agency regulations and Agency permits;
10        (9) financial assurance and groundwater requirements;
11    and
12        (10) development and implementation of contingency
13    plans, closure plans, post closure plans, and corrective
14    action.
15    (c) Special waste certificate endorsements shall be issued
16to those persons who are certified as Class A Solid Waste Site
17Operators in accordance with the provisions of this Section,
18and who demonstrate a practical working knowledge of the
19design, operation, and maintenance of sanitary landfills
20relative to the acceptance and disposal of special wastes.
21(Source: P.A. 86-1363.)
 
22    (225 ILCS 230/1007)  (from Ch. 111, par. 7857)
23    Sec. 1007. Qualifications. Every solid waste site operator
24certified by the Agency shall be capable of performing his
25duties without endangering the public health or the

 

 

SB3626- 7 -LRB102 22745 SPS 31891 b

1environment and without violating the requirements applicable
2to operation of sanitary landfills; shall be able to read and
3write English; shall produce evidence acceptable to the Agency
4as to his ability to maintain and operate properly the
5structures and equipment entrusted to his care; and shall
6satisfactorily demonstrate to the Agency a practical working
7knowledge of the design, operation, and maintenance of
8sanitary landfills, appropriate to the classification for
9which certification is sought. In addition, persons shall be
10certified as Class "A" or Class "B" based on level of
11competency determined by examination and in accordance with
12including demonstrating having achieved the educational and
13experience levels as follows:
14    (a) Class "A" Certificates.
15        (1) Graduation from high school or equivalent and not
16    less than 2 years of acceptable study, training, and
17    responsible experience in sanitary landfill operation or
18    management, or not less than 7 years of acceptable study
19    training and responsible experience in operation or
20    management of earth moving equipment; or
21        (2) Grammar school completion or equivalent and not
22    less than 15 years of acceptable study, training, and
23    responsible experience in sanitary landfill operation or
24    management.
25    (b) Class "B" Certificates.
26        (1) Graduation from high school or equivalent and not

 

 

SB3626- 8 -LRB102 22745 SPS 31891 b

1    less than 6 months of acceptable study, training, and
2    responsible experience in sanitary landfill operation or
3    management, or not less than 3 years of acceptable study
4    training and responsible experience in operation or
5    management of earth moving equipment; or
6        (2) Grammar school completion or equivalent and not
7    less than 5 years of acceptable study, training, and
8    responsible experience in sanitary landfill operation or
9    management.
10(Source: P.A. 86-1363.)
 
11    (225 ILCS 230/1009)  (from Ch. 111, par. 7859)
12    Sec. 1009. Examinations.
13    (a) Applicants shall undergo examinations Examinations
14provided or approved by the Agency shall be given to
15applicants for the purpose of determining if the applicants
16can demonstrate a practical working knowledge of the design,
17operation, and maintenance of sanitary landfills appropriate
18to the classification for which certification is sought. No
19certificate shall be issued prior to successful completion of
20the applicable examination.
21    (b) Examinations shall be conducted or approved by the
22Agency, and shall be held not less frequently than annually.
23The Agency shall maintain on its website information regarding
24the examinations , at times and places prescribed by the
25Agency, of which applicants shall be notified in writing.

 

 

SB3626- 9 -LRB102 22745 SPS 31891 b

1(Source: P.A. 86-1363.)
 
2    (225 ILCS 230/1010)  (from Ch. 111, par. 7860)
3    Sec. 1010. Certificates.
4    (a) The Solid Waste Site Operator Certificate shall
5certify the competency of the applicant within the class of
6the certificate issued, and shall show the full name of the
7applicant, have an identifying number, and be signed by the
8Director.
9    (b) Certificates shall be issued for a period of 3 years,
10with the expiration date being 3 years from the first day of
11October of the calendar year in which the certificate is
12issued.
13    (c) Every 3 years, on or before the October 1 expiration, a
14certified solid waste site operator shall renew his
15certificate of competency and pay the required renewal fee. A
16grace period for renewal will be granted until November 1 of
17that year before the reinstatement penalty is assessed.
18    (d) At the time of certificate renewal, the applicant
19shall certify the completion of 30 hours of continuing
20education covering the operation of landfills during the
21preceding 3 years demonstrate competency in the same manner as
22a new applicant.
23(Source: P.A. 86-1363.)
 
24    (225 ILCS 230/1011)  (from Ch. 111, par. 7861)

 

 

SB3626- 10 -LRB102 22745 SPS 31891 b

1    Sec. 1011. Fees.
2    (a) The fee Fees for the issuance or renewal of a Solid
3Waste Site Operator Certificate shall be $1,000. If the fee
4for renewal is not paid within the grace period, the fee for
5renewal shall be increased by $100. as follows:
6        (1)(A) $400 for issuance or renewal for Class A Solid
7    Waste Site Operators; (B) $200 for issuance or renewal for
8    Class B Solid Waste Site Operators; and (C) $100 for
9    issuance or renewal for special waste endorsements.
10    (2) If the fee for renewal is not paid within the grace
11period the above fees for renewal shall each be increased by $
1250.
13    (b) Before the effective date of this amendatory Act of
14the 98th General Assembly, all fees collected by the Agency
15under this Section shall be deposited into the Hazardous Waste
16Occupational Licensing Fund. The Agency is authorized to use
17monies in the Hazardous Waste Occupational Licensing Fund to
18perform its functions, powers, and duties under this Section.
19    (b) All On and after the effective date of this amendatory
20Act of the 98th General Assembly, all fees collected by the
21Agency under this Section shall be deposited into the
22Environmental Protection Permit and Inspection Fund to be used
23in accordance with the provisions of subsection (a) of Section
2422.8 of the Environmental Protection Act.
25(Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)
 

 

 

SB3626- 11 -LRB102 22745 SPS 31891 b

1    (225 ILCS 230/1012)  (from Ch. 111, par. 7862)
2    Sec. 1012. Administrative review.
3    (a) Before suspending, revoking, or refusing to issue a
4certificate or endorsement issued under this Act, the Agency
5shall provide the certificate holder or applicant an
6opportunity for hearing.
7    (b)(1) All final administrative decisions of the Agency
8    hereunder shall be subject to judicial review pursuant to
9    the provisions of the Administrative Review Law and the
10    rules adopted pursuant thereto. The term "administrative
11    decision" is defined as in Section 3-101 of the Code of
12    Civil Procedure.
13        (2) Such proceedings for judicial review shall be
14    commenced in the circuit court for Sangamon County. The
15    venue shall be in Sangamon County.
16        (3) The Agency shall not be required to certify any
17    record to the court or file any answer in court or
18    otherwise appear in any court in a judicial review
19    proceeding, unless there is filed in the court with the
20    complaint a receipt from the Agency acknowledging payment
21    of the costs of furnishing and certifying the record which
22    costs shall be computed at the rate of 20 cents per page of
23    such record. Exhibits shall be certified without cost.
24    Failure on the part of the Plaintiff to file such receipt
25    in court shall be grounds for dismissal of actions.
26(Source: P.A. 86-1363.)