Sen. Melinda Bush

Filed: 2/7/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 3626 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Solid Waste Site Operator Certification
5Law is amended by changing Sections 1005, 1007, 1009, 1010,
61011 and 1012 as follows:
7    (225 ILCS 230/1005)  (from Ch. 111, par. 7855)
8    Sec. 1005. Agency authority. The Agency is authorized to
9exercise the following functions, powers and duties with
10respect 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
14certified by the Agency shall be capable of performing his
15duties without endangering the public health or the
16environment and without violating the requirements applicable
17to operation of sanitary landfills; shall be able to read and
18write English; shall produce evidence acceptable to the Agency
19as to his ability to maintain and operate properly the
20structures and equipment entrusted to his care; and shall
21satisfactorily demonstrate to the Agency a practical working
22knowledge of the design, operation, and maintenance of
23sanitary landfills, appropriate to the classification for
24which certification is sought. In addition, persons shall be
25certified as Class "A" or Class "B" based on level of



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1competency determined by examination and in accordance with
2including demonstrating having achieved the educational and
3experience 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
4provided or approved by the Agency shall be given to
5applicants for the purpose of determining if the applicants
6can demonstrate a practical working knowledge of the design,
7operation, and maintenance of sanitary landfills appropriate
8to the classification for which certification is sought. No
9certificate shall be issued prior to successful completion of
10the applicable examination.
11    (b) Examinations shall be conducted or approved by the
12Agency, and shall be held not less frequently than annually.
13The Agency shall maintain on its website information regarding
14the examinations , at times and places prescribed by the
15Agency, 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
20certify the competency of the applicant within the class of
21the certificate issued, and shall show the full name of the
22applicant, have an identifying number, and be signed by the
24    (b) Certificates shall be issued for a period of 3 years,



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1with the expiration date being 3 years from the first day of
2October of the calendar year in which the certificate is
4    (c) Every 3 years, on or before the October 1 expiration, a
5certified solid waste site operator shall renew his
6certificate of competency and pay the required renewal fee. A
7grace period for renewal will be granted until November 1 of
8that year before the reinstatement penalty is assessed.
9    (d) At the time of certificate renewal, the applicant
10shall certify the completion of 30 hours of continuing
11education covering the operation of landfills during the
12preceding 3 years demonstrate competency in the same manner as
13a 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
18Operator 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
24period the above fees for renewal shall each be increased by $



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1    (b) Before the effective date of this amendatory Act of
2the 98th General Assembly, all fees collected by the Agency
3under this Section shall be deposited into the Hazardous Waste
4Occupational Licensing Fund. The Agency is authorized to use
5monies in the Hazardous Waste Occupational Licensing Fund to
6perform its functions, powers, and duties under this Section.
7    (b) All On and after the effective date of this amendatory
8Act of the 98th General Assembly, all fees collected by the
9Agency under this Section shall be deposited into the
10Environmental Protection Permit and Inspection Fund to be used
11in accordance with the provisions of subsection (a) of Section
1222.8 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
17certificate or endorsement issued under this Act, the Agency
18shall provide the certificate holder or applicant an
19opportunity 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.)".