Full Text of SB3626 102nd General Assembly
SB3626sam003 102ND GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 2/18/2022
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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 1004, 1005, 1006, 1007, | 6 | | 1009, 1010, and 1011 as follows:
| 7 | | (225 ILCS 230/1004) (from Ch. 111, par. 7854)
| 8 | | Sec. 1004. Prohibition. Beginning January 1, 1992, no | 9 | | person shall
cause or allow the operation of a landfill | 10 | | permitted or required to be
permitted by the Agency unless the | 11 | | landfill has on its operational staff at
least one natural | 12 | | person certified as competent by the Agency under the
| 13 | | provisions of this Act.
| 14 | | (a) For landfill sites which accept non-hazardous solid | 15 | | waste other than
clean construction or demolition debris , the | 16 | | landfill shall have a Class A
Solid Waste Site Operator |
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| 1 | | certified by the Agency who is responsible for
directing | 2 | | landfill operations or supervising other operational staff in
| 3 | | performing landfill operations.
| 4 | | (b) (Blank). For landfill sites which accept only clean | 5 | | construction or
demolition debris, the landfill shall have a | 6 | | Class A or B Solid Waste Site
Operator certified by the Agency | 7 | | who is responsible for directing landfill
operations or | 8 | | supervising other operational staff in performing landfill
| 9 | | operations.
| 10 | | (c) For landfill sites which accept special waste, the | 11 | | landfill shall
have a Class A Solid Waste Site Operator | 12 | | certified by the Agency who has
received a certification | 13 | | endorsement for the acceptance of special waste
and who is | 14 | | responsible for directing landfill operations or supervising
| 15 | | other operational staff in performing landfill operations.
| 16 | | (Source: P.A. 86-1363.)
| 17 | | (225 ILCS 230/1005) (from Ch. 111, par. 7855)
| 18 | | Sec. 1005. Agency authority. The Agency is authorized to | 19 | | exercise
the following functions, powers and duties with | 20 | | respect to solid waste site
operator certification:
| 21 | | (a) To conduct examinations , as well as to approve the | 22 | | use of examinations conducted by third parties, to | 23 | | ascertain the qualifications of applicants
for | 24 | | certificates of competency as solid waste site operators;
| 25 | | (b) To conduct courses of training on the practical |
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| 1 | | aspects of the design,
operation and maintenance of | 2 | | sanitary landfills;
| 3 | | (c) To issue a certificate to any applicant who has | 4 | | satisfactorily met all
the requirements pertaining to a | 5 | | certificate of competency as a solid waste
site operator;
| 6 | | (d) To suspend, revoke or refuse to issue any | 7 | | certificate for any one or
any combination of the | 8 | | following causes:
| 9 | | (1) The practice of any fraud or deceit in | 10 | | obtaining or attempting to
obtain a certificate of | 11 | | competency;
| 12 | | (2) Negligence or misconduct in the operation of a | 13 | | sanitary landfill;
| 14 | | (3) Repeated failure to comply with any of the | 15 | | requirements applicable
to the operation of a sanitary | 16 | | landfill, except for Board requirements
applicable to | 17 | | the collection of litter;
| 18 | | (4) Repeated violations of federal, State or local | 19 | | laws, regulations,
standards, or ordinances regarding | 20 | | the operation of refuse disposal
facilities or sites;
| 21 | | (5) For a holder of a certificate, conviction in | 22 | | this or another State of any crime which is a felony
| 23 | | under the laws of this State or conviction of a felony | 24 | | in a federal court; for an applicant, consideration of | 25 | | such conviction shall be in accordance with Section | 26 | | 1005-1;
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| 1 | | (6) Proof of gross carelessness or incompetence in | 2 | | handling, storing,
processing, transporting, or | 3 | | disposing of any hazardous waste; or
| 4 | | (7) Being declared to be a person under a legal | 5 | | disability by a court
of competent jurisdiction and | 6 | | not thereafter having been lawfully declared
to be a | 7 | | person not under legal disability or to have | 8 | | recovered.
| 9 | | (e) To adopt rules necessary to perform its functions, | 10 | | powers, and duties
with respect to solid waste site | 11 | | operator certifications.
| 12 | | (Source: P.A. 100-286, eff. 1-1-18 .)
| 13 | | (225 ILCS 230/1006) (from Ch. 111, par. 7856)
| 14 | | Sec. 1006. Certification classifications . Solid Waste Site | 15 | | Operators
shall be certified in accordance with the following | 16 | | classifications :
| 17 | | (a) Class "A" Solid Waste Site Operator certificates shall | 18 | | be issued to
those persons who in accordance with the | 19 | | provisions of this Section
demonstrate a practical working | 20 | | knowledge of the design, operation, and
maintenance of | 21 | | sanitary landfills in the following areas:
| 22 | | (1) unloading, spreading, and compacting of waste, | 23 | | litter collection,
and vector abatement;
| 24 | | (2) traffic control of vehicles delivering waste;
| 25 | | (3) application, maintenance, and inspection of cover |
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| 1 | | and cover
requirements under Board rules and Agency | 2 | | permits;
| 3 | | (4) fire control, on-site personnel safety | 4 | | requirements, and
contingency plan implementation;
| 5 | | (5) leachate control operation, leachate management, | 6 | | and landfill
gas management;
| 7 | | (6) identification of classes of waste;
| 8 | | (7) causes for revocation or suspension of | 9 | | certificates;
| 10 | | (8) reporting and recordkeeping required by Board and | 11 | | Agency
regulations and Agency permits;
| 12 | | (9) financial assurance and groundwater monitoring | 13 | | requirements;
| 14 | | (10) development and implementation of contingency | 15 | | plans, closure
plans, post closure plans, and corrective | 16 | | action; and
| 17 | | (11) requirements for payment of fees.
| 18 | | (b) (Blank). Class "B" Solid Waste Operator Certificates | 19 | | shall be issued to those
persons who demonstrate a practical | 20 | | working knowledge of the design,
operation, and maintenance of | 21 | | landfill sites accepting only clean
construction or demolition | 22 | | debris in the following areas:
| 23 | | (1) unloading and spreading of waste;
| 24 | | (2) traffic control of vehicles delivering waste;
| 25 | | (3) application, maintenance, and inspection of cover | 26 | | and cover
requirement under Board rules and Agency |
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| 1 | | permits;
| 2 | | (4) fire control, on-site personnel safety segments | 3 | | and contingency
plan implementation;
| 4 | | (5) leachate control operation and leachate | 5 | | management;
| 6 | | (6) identification of classes of waste;
| 7 | | (7) causes for revocation or suspension of | 8 | | certificates;
| 9 | | (8) reporting and recordkeeping required by Board and | 10 | | Agency
regulations and Agency permits;
| 11 | | (9) financial assurance and groundwater requirements; | 12 | | and
| 13 | | (10) development and implementation of contingency | 14 | | plans, closure
plans, post closure plans, and corrective | 15 | | action.
| 16 | | (c) Special waste certificate endorsements shall be issued | 17 | | to those
persons who are certified as Class A Solid Waste Site | 18 | | Operators in
accordance with the provisions of this Section, | 19 | | and who demonstrate a
practical working knowledge of the | 20 | | design, operation, and maintenance of
sanitary landfills | 21 | | relative to the acceptance and disposal of special wastes.
| 22 | | (Source: P.A. 86-1363.)
| 23 | | (225 ILCS 230/1007) (from Ch. 111, par. 7857)
| 24 | | Sec. 1007. Qualifications. Every solid waste site operator | 25 | | certified
by the Agency shall be capable of performing his |
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| 1 | | duties without endangering
the public health or the | 2 | | environment and without violating the requirements
applicable | 3 | | to operation of sanitary landfills; shall be able to read and
| 4 | | write English; shall produce evidence acceptable to the Agency | 5 | | as to his
ability to maintain and operate properly the | 6 | | structures and equipment
entrusted to his care; and shall | 7 | | satisfactorily demonstrate to the Agency a
practical working | 8 | | knowledge of the design, operation, and maintenance of
| 9 | | sanitary landfills appropriate to the classification for which
| 10 | | certification is sought . In addition, persons shall be | 11 | | certified as Class
"A" or Class "B" based on level of | 12 | | competency determined by examination and
in accordance with | 13 | | educational and experience 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 |
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| 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 | 14 | | provided or approved by the Agency
shall be given to | 15 | | applicants for the purpose of determining if the
applicants | 16 | | can demonstrate a practical working knowledge of the design,
| 17 | | operation, and maintenance of sanitary landfills appropriate | 18 | | to the
classification for which certification is sought . No | 19 | | certificate shall be
issued prior to successful completion of | 20 | | the applicable examination.
| 21 | | (b) Examinations shall be conducted or approved by the | 22 | | Agency , and shall be held not
less frequently than annually . | 23 | | The Agency shall maintain on its website information regarding | 24 | | the examinations , at times and places prescribed by the
| 25 | | Agency, of which applicants shall be notified in writing .
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| 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 | 5 | | certify the competency of the applicant within the class
of | 6 | | the certificate issued, and shall show the full name of the | 7 | | applicant,
have an identifying number, and be signed by the | 8 | | Director.
| 9 | | (b) Certificates shall be issued for a period of 3 years, | 10 | | with the
expiration date being 3 years from the first day of | 11 | | October of the calendar
year in which the certificate is | 12 | | issued.
| 13 | | (c) Every 3 years, on or before the October 1 expiration, a | 14 | | certified
solid waste site operator shall renew his | 15 | | certificate of competency and pay
the required renewal fee. A | 16 | | grace period for renewal will be granted until
November 1 of | 17 | | that year before the reinstatement penalty is assessed.
| 18 | | (d) At the time of certificate renewal, the applicant | 19 | | shall certify the completion of 15 hours of continuing | 20 | | education covering the operation of landfills during the | 21 | | preceding 3 years. Continuing education used to satisfy this | 22 | | subsection must be approved by the Agency and must cover the | 23 | | design, operation, and maintenance of sanitary landfills as | 24 | | set forth in Section 1006 of this Act, and for certificates | 25 | | that include a special waste endorsement, continuing education |
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| 1 | | must cover the operation of landfills relative to the | 2 | | acceptance and disposal of special wastes demonstrate
| 3 | | competency in the same manner as a new applicant .
| 4 | | (Source: P.A. 86-1363.)
| 5 | | (225 ILCS 230/1011) (from Ch. 111, par. 7861)
| 6 | | Sec. 1011. Fees.
| 7 | | (a) Fees for the issuance or renewal of a Solid
Waste Site | 8 | | Operator Certificate shall be as follows:
| 9 | | (1)(A) $400 for issuance or renewal for Class A Solid | 10 | | Waste Site
Operators; | 11 | | (B) (blank); and $200 for issuance or renewal for | 12 | | Class B Solid Waste Site
Operators; and | 13 | | (C) $100 for issuance or renewal for special waste | 14 | | endorsements.
| 15 | | (2) If the fee for renewal is not paid within the grace | 16 | | period the
above fees for renewal shall each be increased by $ | 17 | | 50.
| 18 | | (b) (Blank). Before the effective date of this amendatory | 19 | | Act of the 98th General Assembly, all fees collected by the | 20 | | Agency under this Section shall be
deposited into the | 21 | | Hazardous Waste Occupational Licensing Fund. The Agency
is | 22 | | authorized to use monies in the Hazardous Waste Occupational | 23 | | Licensing Fund to perform its functions, powers,
and duties | 24 | | under this Section.
| 25 | | (c) All On and after the effective date of this amendatory |
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| 1 | | Act of the 98th General Assembly, all fees collected by the | 2 | | Agency under this Section shall be deposited into the | 3 | | Environmental Protection Permit and Inspection Fund to be used | 4 | | in accordance with the provisions of subsection (a) of Section | 5 | | 22.8 of the Environmental Protection Act. | 6 | | (Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)".
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