Full Text of SB3626 102nd General Assembly
SB3626sam002 102ND GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 2/7/2022
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| 1 | | AMENDMENT TO SENATE BILL 3626
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3626 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Solid Waste Site Operator Certification | 5 | | Law is amended by changing Sections 1005, 1007, 1009, 1010, | 6 | | 1011 and 1012 as follows:
| 7 | | (225 ILCS 230/1005) (from Ch. 111, par. 7855)
| 8 | | Sec. 1005. Agency authority. The Agency is authorized to | 9 | | exercise
the following functions, powers and duties with | 10 | | respect to solid waste site
operator certification:
| 11 | | (a) To conduct examinations , and to approve the use of | 12 | | examinations conducted by third parties, to ascertain the | 13 | | qualifications of applicants
for certificates of | 14 | | competency as solid waste site operators;
| 15 | | (b) To conduct courses of training on the practical | 16 | | aspects of the design,
operation and maintenance of |
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| 1 | | sanitary landfills;
| 2 | | (c) To issue a certificate to any applicant who has | 3 | | satisfactorily met all
the requirements pertaining to a | 4 | | certificate of competency as a solid waste
site operator;
| 5 | | (d) To suspend, revoke or refuse to issue any | 6 | | certificate for any one or
any combination of the | 7 | | following causes:
| 8 | | (1) The practice of any fraud or deceit in | 9 | | obtaining or attempting to
obtain a certificate of | 10 | | competency;
| 11 | | (2) Negligence or misconduct in the operation of a | 12 | | sanitary landfill;
| 13 | | (3) Repeated failure to comply with any of the | 14 | | requirements applicable
to the operation of a sanitary | 15 | | landfill, except for Board requirements
applicable to | 16 | | the collection of litter;
| 17 | | (4) Repeated violations of federal, State or local | 18 | | laws, regulations,
standards, or ordinances regarding | 19 | | the operation of refuse disposal
facilities or sites;
| 20 | | (5) For a holder of a certificate, conviction in | 21 | | this or another State of any crime which is a felony
| 22 | | under the laws of this State or conviction of a felony | 23 | | in a federal court; for an applicant, consideration of | 24 | | such conviction shall be in accordance with Section | 25 | | 1005-1;
| 26 | | (6) Proof of gross carelessness or incompetence in |
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| 1 | | handling, storing,
processing, transporting, or | 2 | | disposing of any hazardous waste; or
| 3 | | (7) Being declared to be a person under a legal | 4 | | disability by a court
of competent jurisdiction and | 5 | | not thereafter having been lawfully declared
to be a | 6 | | person not under legal disability or to have | 7 | | recovered.
| 8 | | (e) To adopt rules necessary to perform its functions, | 9 | | powers, and duties
with respect to solid waste site | 10 | | operator certifications.
| 11 | | (Source: P.A. 100-286, eff. 1-1-18 .)
| 12 | | (225 ILCS 230/1007) (from Ch. 111, par. 7857)
| 13 | | Sec. 1007. Qualifications. Every solid waste site operator | 14 | | certified
by the Agency shall be capable of performing his | 15 | | duties without endangering
the public health or the | 16 | | environment and without violating the requirements
applicable | 17 | | to operation of sanitary landfills; shall be able to read and
| 18 | | write English; shall produce evidence acceptable to the Agency | 19 | | as to his
ability to maintain and operate properly the | 20 | | structures and equipment
entrusted to his care; and shall | 21 | | satisfactorily demonstrate to the Agency a
practical working | 22 | | knowledge of the design, operation, and maintenance of
| 23 | | sanitary landfills , appropriate to the classification for | 24 | | which
certification is sought. In addition, persons shall be | 25 | | certified as Class
"A" or Class "B" based on level of |
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| 1 | | competency determined by examination and
in accordance with | 2 | | including demonstrating having achieved the educational and | 3 | | experience levels as follows:
| 4 | | (a) Class "A" Certificates.
| 5 | | (1) Graduation from high school or equivalent and not | 6 | | less than 2
years of acceptable study, training, and | 7 | | responsible experience in sanitary
landfill operation or | 8 | | management, or not less than 7 years of acceptable
study | 9 | | training and responsible experience in operation or | 10 | | management of
earth moving equipment; or
| 11 | | (2) Grammar school completion or equivalent and not | 12 | | less than 15 years
of acceptable study, training, and | 13 | | responsible experience in sanitary
landfill operation or | 14 | | management.
| 15 | | (b) Class "B" Certificates.
| 16 | | (1) Graduation from high school or equivalent and not | 17 | | less than 6
months of acceptable study, training, and | 18 | | responsible experience in
sanitary landfill operation or | 19 | | management, or not less than 3 years of
acceptable study | 20 | | training and responsible experience in operation or
| 21 | | management of earth moving equipment; or
| 22 | | (2) Grammar school completion or equivalent and not | 23 | | less than 5 years
of acceptable study, training, and | 24 | | responsible experience in sanitary
landfill operation or | 25 | | management.
| 26 | | (Source: P.A. 86-1363.)
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| 1 | | (225 ILCS 230/1009) (from Ch. 111, par. 7859)
| 2 | | Sec. 1009. Examinations.
| 3 | | (a) Applicants shall undergo examinations Examinations | 4 | | provided or approved by the Agency
shall be given to | 5 | | applicants for the purpose of determining if the
applicants | 6 | | can demonstrate a practical working knowledge of the design,
| 7 | | operation, and maintenance of sanitary landfills appropriate | 8 | | to the
classification for which certification is sought . No | 9 | | certificate shall be
issued prior to successful completion of | 10 | | the applicable examination.
| 11 | | (b) Examinations shall be conducted or approved by the | 12 | | Agency , and shall be held not
less frequently than annually . | 13 | | The Agency shall maintain on its website information regarding | 14 | | the examinations , at times and places prescribed by the
| 15 | | Agency, of which applicants shall be notified in writing .
| 16 | | (Source: P.A. 86-1363.)
| 17 | | (225 ILCS 230/1010) (from Ch. 111, par. 7860)
| 18 | | Sec. 1010. Certificates.
| 19 | | (a) The Solid Waste Site Operator
Certificate shall | 20 | | certify the competency of the applicant within the class
of | 21 | | the certificate issued, and shall show the full name of the | 22 | | applicant,
have an identifying number, and be signed by the | 23 | | Director.
| 24 | | (b) Certificates shall be issued for a period of 3 years, |
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| 1 | | with the
expiration date being 3 years from the first day of | 2 | | October of the calendar
year in which the certificate is | 3 | | issued.
| 4 | | (c) Every 3 years, on or before the October 1 expiration, a | 5 | | certified
solid waste site operator shall renew his | 6 | | certificate of competency and pay
the required renewal fee. A | 7 | | grace period for renewal will be granted until
November 1 of | 8 | | that year before the reinstatement penalty is assessed.
| 9 | | (d) At the time of certificate renewal, the applicant | 10 | | shall certify the completion of 30 hours of continuing | 11 | | education covering the operation of landfills during the | 12 | | preceding 3 years demonstrate
competency in the same manner as | 13 | | a new applicant .
| 14 | | (Source: P.A. 86-1363.)
| 15 | | (225 ILCS 230/1011) (from Ch. 111, par. 7861)
| 16 | | Sec. 1011. Fees.
| 17 | | (a) Fees for the issuance or renewal of a Solid
Waste Site | 18 | | Operator Certificate shall be as follows:
| 19 | | (1)(A) $400 for issuance or renewal for Class A Solid | 20 | | Waste Site
Operators; (B) $200 for issuance or renewal for | 21 | | Class B Solid Waste Site
Operators; and (C) $100 for | 22 | | issuance or renewal for special waste endorsements.
| 23 | | (2) If the fee for renewal is not paid within the grace | 24 | | period the
above fees for renewal shall each be increased by $ | 25 | | 50.
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| 1 | | (b) Before the effective date of this amendatory Act of | 2 | | the 98th General Assembly, all fees collected by the Agency | 3 | | under this Section shall be
deposited into the Hazardous Waste | 4 | | Occupational Licensing Fund. The Agency
is authorized to use | 5 | | monies in the Hazardous Waste Occupational Licensing Fund to | 6 | | perform its functions, powers,
and duties under this Section.
| 7 | | (b) All On and after the effective date of this amendatory | 8 | | Act of the 98th General Assembly, all fees collected by the | 9 | | Agency under this Section shall be deposited into the | 10 | | Environmental Protection Permit and Inspection Fund to be used | 11 | | in accordance with the provisions of subsection (a) of Section | 12 | | 22.8 of the Environmental Protection Act. | 13 | | (Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)
| 14 | | (225 ILCS 230/1012) (from Ch. 111, par. 7862)
| 15 | | Sec. 1012. Administrative review.
| 16 | | (a) Before suspending, revoking,
or refusing to issue a | 17 | | certificate or endorsement issued under this
Act, the Agency | 18 | | shall provide the certificate holder or applicant an
| 19 | | opportunity for hearing.
| 20 | | (b)(1) All final administrative decisions of the Agency | 21 | | hereunder shall
be subject to judicial review pursuant to | 22 | | the provisions of the
Administrative Review Law and the | 23 | | rules adopted pursuant thereto. The term
"administrative | 24 | | decision" is defined as in Section 3-101 of the Code of
| 25 | | Civil Procedure.
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| 1 | | (2) Such proceedings for judicial review shall be | 2 | | commenced in the
circuit court for Sangamon County. The | 3 | | venue shall be in Sangamon County.
| 4 | | (3) The Agency shall not be required to certify any | 5 | | record to the
court or file any answer in court or | 6 | | otherwise appear in any court in a
judicial review | 7 | | proceeding, unless there is filed in the court with the
| 8 | | complaint a receipt from the Agency acknowledging payment | 9 | | of the costs of
furnishing and certifying the record which | 10 | | costs shall be computed at the
rate of 20 cents per page of | 11 | | such record. Exhibits shall be certified
without cost. | 12 | | Failure on the part of the Plaintiff to file such receipt | 13 | | in
court shall be grounds for dismissal of actions.
| 14 | | (Source: P.A. 86-1363.)".
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