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

SB3626sam003 102ND GENERAL ASSEMBLY

Sen. Melinda Bush

Filed: 2/18/2022

 

 


 

 


 
10200SB3626sam003LRB102 22745 AMQ 36656 a

1
AMENDMENT TO SENATE BILL 3626

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 1004, 1005, 1006, 1007,
61009, 1010, and 1011 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

 

 

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1certified by the Agency who is responsible for directing
2landfill operations or supervising other operational staff in
3performing landfill operations.
4    (b) (Blank). For landfill sites which accept only clean
5construction or demolition debris, the landfill shall have a
6Class A or B Solid Waste Site Operator certified by the Agency
7who is responsible for directing landfill operations or
8supervising other operational staff in performing landfill
9operations.
10    (c) For landfill sites which accept special waste, the
11landfill shall have a Class A Solid Waste Site Operator
12certified by the Agency who has received a certification
13endorsement for the acceptance of special waste and who is
14responsible for directing landfill operations or supervising
15other 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
19exercise the following functions, powers and duties with
20respect 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
15Operators shall be certified in accordance with the following
16classifications:
17    (a) Class "A" Solid Waste Site Operator certificates shall
18be issued to those persons who in accordance with the
19provisions of this Section demonstrate a practical working
20knowledge of the design, operation, and maintenance of
21sanitary 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
19shall be issued to those persons who demonstrate a practical
20working knowledge of the design, operation, and maintenance of
21landfill sites accepting only clean construction or demolition
22debris 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
17to those persons who are certified as Class A Solid Waste Site
18Operators in accordance with the provisions of this Section,
19and who demonstrate a practical working knowledge of the
20design, operation, and maintenance of sanitary landfills
21relative 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
25certified by the Agency shall be capable of performing his

 

 

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1duties without endangering the public health or the
2environment and without violating the requirements applicable
3to operation of sanitary landfills; shall be able to read and
4write English; shall produce evidence acceptable to the Agency
5as to his ability to maintain and operate properly the
6structures and equipment entrusted to his care; and shall
7satisfactorily demonstrate to the Agency a practical working
8knowledge of the design, operation, and maintenance of
9sanitary landfills appropriate to the classification for which
10certification is sought. In addition, persons shall be
11certified as Class "A" or Class "B" based on level of
12competency determined by examination and in accordance with
13educational 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
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.

 

 

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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
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 15 hours of continuing
20education covering the operation of landfills during the
21preceding 3 years. Continuing education used to satisfy this
22subsection must be approved by the Agency and must cover the
23design, operation, and maintenance of sanitary landfills as
24set forth in Section 1006 of this Act, and for certificates
25that include a special waste endorsement, continuing education

 

 

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1must cover the operation of landfills relative to the
2acceptance and disposal of special wastes demonstrate
3competency 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
8Operator 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
16period the above fees for renewal shall each be increased by $
1750.
18    (b) (Blank). Before the effective date of this amendatory
19Act of the 98th General Assembly, all fees collected by the
20Agency under this Section shall be deposited into the
21Hazardous Waste Occupational Licensing Fund. The Agency is
22authorized to use monies in the Hazardous Waste Occupational
23Licensing Fund to perform its functions, powers, and duties
24under this Section.
25    (c) All On and after the effective date of this amendatory

 

 

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1Act of the 98th General Assembly, all fees collected by the
2Agency under this Section shall be deposited into the
3Environmental Protection Permit and Inspection Fund to be used
4in accordance with the provisions of subsection (a) of Section
522.8 of the Environmental Protection Act.
6(Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)".