Full Text of SB1086 102nd General Assembly
SB1086enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 22.59 as follows: | 6 | | (415 ILCS 5/22.59) | 7 | | Sec. 22.59. CCR surface impoundments. | 8 | | (a) The General Assembly finds that: | 9 | | (1) the State of Illinois has a long-standing policy | 10 | | to restore, protect, and enhance the environment, | 11 | | including the purity of the air, land, and waters, | 12 | | including groundwaters, of this State; | 13 | | (2) a clean environment is essential to the growth and | 14 | | well-being of this State; | 15 | | (3) CCR generated by the electric generating industry | 16 | | has caused groundwater contamination and other forms of | 17 | | pollution at active and inactive plants throughout this | 18 | | State; | 19 | | (4) environmental laws should be supplemented to | 20 | | ensure consistent, responsible regulation of all existing | 21 | | CCR surface impoundments; and | 22 | | (5) meaningful participation of State residents, | 23 | | especially vulnerable populations who may be affected by |
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| 1 | | regulatory actions, is critical to ensure that | 2 | | environmental justice considerations are incorporated in | 3 | | the development of, decision-making related to, and | 4 | | implementation of environmental laws and rulemaking that | 5 | | protects and improves the well-being of communities in | 6 | | this State that bear disproportionate burdens imposed by | 7 | | environmental pollution. | 8 | | Therefore, the purpose of this Section is to promote a | 9 | | healthful environment, including clean water, air, and land, | 10 | | meaningful public involvement, and the responsible disposal | 11 | | and storage of coal combustion residuals, so as to protect | 12 | | public health and to prevent pollution of the environment of | 13 | | this State. | 14 | | The provisions of this Section shall be liberally | 15 | | construed to carry out the purposes of this Section. | 16 | | (b) No person shall: | 17 | | (1) cause or allow the discharge of any contaminants | 18 | | from a CCR surface impoundment into the environment so as | 19 | | to cause, directly or indirectly, a violation of this | 20 | | Section or any regulations or standards adopted by the | 21 | | Board under this Section, either alone or in combination | 22 | | with contaminants from other sources; | 23 | | (2) construct, install, modify, operate, or close any | 24 | | CCR surface impoundment without a permit granted by the | 25 | | Agency, or so as to violate any conditions imposed by such | 26 | | permit, any provision of this Section or any regulations |
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| 1 | | or standards adopted by the Board under this Section; or | 2 | | (3) cause or allow, directly or indirectly, the | 3 | | discharge, deposit, injection, dumping, spilling, leaking, | 4 | | or placing of any CCR upon the land in a place and manner | 5 | | so as to cause or tend to cause a violation this Section or | 6 | | any regulations or standards adopted by the Board under | 7 | | this Section. | 8 | | (c) (Blank). For purposes of this Section, a permit issued | 9 | | by the Administrator of the United States Environmental | 10 | | Protection Agency under Section 4005 of the federal Resource | 11 | | Conservation and Recovery Act, shall be deemed to be a permit | 12 | | under this Section and subsection (y) of Section 39. | 13 | | (d) Before commencing closure of a CCR surface | 14 | | impoundment, in accordance with Board rules, the owner of a | 15 | | CCR surface impoundment must submit to the Agency for approval | 16 | | a closure alternatives analysis that analyzes all closure | 17 | | methods being considered and that otherwise satisfies all | 18 | | closure requirements adopted by the Board under this Act. | 19 | | Complete removal of CCR, as specified by the Board's rules, | 20 | | from the CCR surface impoundment must be considered and | 21 | | analyzed. Section 3.405 does not apply to the Board's rules | 22 | | specifying complete removal of CCR. The selected closure | 23 | | method must ensure compliance with regulations adopted by the | 24 | | Board pursuant to this Section. | 25 | | (e) Owners or operators of CCR surface impoundments who | 26 | | have submitted a closure plan to the Agency before May 1, 2019, |
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| 1 | | and who have completed closure prior to 24 months after July | 2 | | 30, 2019 ( the effective date of Public Act 101-171) this | 3 | | amendatory Act of the 101st General Assembly shall not be | 4 | | required to obtain a construction permit for the surface | 5 | | impoundment closure under this Section. | 6 | | (f) Except for the State, its agencies and institutions, a | 7 | | unit of local government, or not-for-profit electric | 8 | | cooperative as defined in Section 3.4 of the Electric Supplier | 9 | | Act, any person who owns or operates a CCR surface impoundment | 10 | | in this State shall post with the Agency a performance bond or | 11 | | other security for the purpose of: (i) ensuring closure of the | 12 | | CCR surface impoundment and post-closure care in accordance | 13 | | with this Act and its rules; and (ii) insuring remediation of | 14 | | releases from the CCR surface impoundment. The only acceptable | 15 | | forms of financial assurance are: a trust fund, a surety bond | 16 | | guaranteeing payment, a surety bond guaranteeing performance, | 17 | | or an irrevocable letter of credit. | 18 | | (1) The cost estimate for the post-closure care of a | 19 | | CCR surface impoundment shall be calculated using a | 20 | | 30-year post-closure care period or such longer period as | 21 | | may be approved by the Agency under Board or federal | 22 | | rules. | 23 | | (2) The Agency is authorized to enter into such | 24 | | contracts and agreements as it may deem necessary to carry | 25 | | out the purposes of this Section. Neither the State, nor | 26 | | the Director, nor any State employee shall be liable for |
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| 1 | | any damages or injuries arising out of or resulting from | 2 | | any action taken under this Section. | 3 | | (3) The Agency shall have the authority to approve or | 4 | | disapprove any performance bond or other security posted | 5 | | under this subsection. Any person whose performance bond | 6 | | or other security is disapproved by the Agency may contest | 7 | | the disapproval as a permit denial appeal pursuant to | 8 | | Section 40. | 9 | | (g) The Board shall adopt rules establishing construction | 10 | | permit requirements, operating permit requirements, design | 11 | | standards, reporting, financial assurance, and closure and | 12 | | post-closure care requirements for CCR surface impoundments. | 13 | | Not later than 8 months after July 30, 2019 ( the effective date | 14 | | of Public Act 101-171) this amendatory Act of the 101st | 15 | | General Assembly the Agency shall propose, and not later than | 16 | | one year after receipt of the Agency's proposal the Board | 17 | | shall adopt, rules under this Section. The rules must, at a | 18 | | minimum: | 19 | | (1) be at least as protective and comprehensive as the | 20 | | federal regulations or amendments thereto promulgated by | 21 | | the Administrator of the United States Environmental | 22 | | Protection Agency in Subpart D of 40 CFR 257 governing CCR | 23 | | surface impoundments; | 24 | | (2) specify the minimum contents of CCR surface | 25 | | impoundment construction and operating permit | 26 | | applications, including the closure alternatives analysis |
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| 1 | | required under subsection (d); | 2 | | (3) specify which types of permits include | 3 | | requirements for closure, post-closure, remediation and | 4 | | all other requirements applicable to CCR surface | 5 | | impoundments; | 6 | | (4) specify when permit applications for existing CCR | 7 | | surface impoundments must be submitted, taking into | 8 | | consideration whether the CCR surface impoundment must | 9 | | close under the RCRA; | 10 | | (5) specify standards for review and approval by the | 11 | | Agency of CCR surface impoundment permit applications; | 12 | | (6) specify meaningful public participation procedures | 13 | | for the issuance of CCR surface impoundment construction | 14 | | and operating permits, including, but not limited to, | 15 | | public notice of the submission of permit applications, an | 16 | | opportunity for the submission of public comments, an | 17 | | opportunity for a public hearing prior to permit issuance, | 18 | | and a summary and response of the comments prepared by the | 19 | | Agency; | 20 | | (7) prescribe the type and amount of the performance | 21 | | bonds or other securities required under subsection (f), | 22 | | and the conditions under which the State is entitled to | 23 | | collect moneys from such performance bonds or other | 24 | | securities; | 25 | | (8) specify a procedure to identify areas of | 26 | | environmental justice concern in relation to CCR surface |
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| 1 | | impoundments; | 2 | | (9) specify a method to prioritize CCR surface | 3 | | impoundments required to close under RCRA if not otherwise | 4 | | specified by the United States Environmental Protection | 5 | | Agency, so that the CCR surface impoundments with the | 6 | | highest risk to public health and the environment, and | 7 | | areas of environmental justice concern are given first | 8 | | priority; | 9 | | (10) define when complete removal of CCR is achieved | 10 | | and specify the standards for responsible removal of CCR | 11 | | from CCR surface impoundments, including, but not limited | 12 | | to, dust controls and the protection of adjacent surface | 13 | | water and groundwater; and | 14 | | (11) describe the process and standards for | 15 | | identifying a specific alternative source of groundwater | 16 | | pollution when the owner or operator of the CCR surface | 17 | | impoundment believes that groundwater contamination on the | 18 | | site is not from the CCR surface impoundment. | 19 | | (h) Any owner of a CCR surface impoundment that generates | 20 | | CCR and sells or otherwise provides coal combustion byproducts | 21 | | pursuant to Section 3.135 shall, every 12 months, post on its | 22 | | publicly available website a report specifying the volume or | 23 | | weight of CCR, in cubic yards or tons, that it sold or provided | 24 | | during the past 12 months. | 25 | | (i) The owner of a CCR surface impoundment shall post all | 26 | | closure plans, permit applications, and supporting |
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| 1 | | documentation, as well as any Agency approval of the plans or | 2 | | applications on its publicly available website. | 3 | | (j) The owner or operator of a CCR surface impoundment | 4 | | shall pay the following fees: | 5 | | (1) An initial fee to the Agency within 6 months after | 6 | | July 30, 2019 ( the effective date of Public Act 101-171) | 7 | | this amendatory Act of the 101st General Assembly of: | 8 | | $50,000 for each closed CCR surface impoundment; | 9 | | and | 10 | | $75,000 for each CCR surface impoundment that have | 11 | | not completed closure. | 12 | | (2) Annual fees to the Agency, beginning on July 1, | 13 | | 2020, of: | 14 | | $25,000 for each CCR surface impoundment that has | 15 | | not completed closure; and | 16 | | $15,000 for each CCR surface impoundment that has | 17 | | completed closure, but has not completed post-closure | 18 | | care. | 19 | | (k) All fees collected by the Agency under subsection (j) | 20 | | shall be deposited into the Environmental Protection Permit | 21 | | and Inspection Fund. | 22 | | (l) The Coal Combustion Residual Surface Impoundment | 23 | | Financial Assurance Fund is created as a special fund in the | 24 | | State treasury. Any moneys forfeited to the State of Illinois | 25 | | from any performance bond or other security required under | 26 | | this Section shall be placed in the Coal Combustion Residual |
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| 1 | | Surface Impoundment Financial Assurance Fund and shall, upon | 2 | | approval by the Governor and the Director, be used by the | 3 | | Agency for the purposes for which such performance bond or | 4 | | other security was issued. The Coal Combustion Residual | 5 | | Surface Impoundment Financial Assurance Fund is not subject to | 6 | | the provisions of subsection (c) of Section 5 of the State | 7 | | Finance Act. | 8 | | (m) The provisions of this Section shall apply, without | 9 | | limitation, to all existing CCR surface impoundments and any | 10 | | CCR surface impoundments constructed after July 30, 2019 ( the | 11 | | effective date of Public Act 101-171) this amendatory Act of | 12 | | the 101st General Assembly , except to the extent prohibited by | 13 | | the Illinois or United States Constitutions.
| 14 | | (Source: P.A. 101-171, eff. 7-30-19; revised 10-22-19.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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