Full Text of HB1209 98th General Assembly
HB1209enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning conservation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Commerce and Economic | 5 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 6 | | amended by changing Section 605-515 as follows:
| 7 | | (20 ILCS 605/605-515) (was 20 ILCS 605/46.13a)
| 8 | | Sec. 605-515. Environmental Regulatory Assistance Program.
| 9 | | (a) In this Section, except where the
context clearly | 10 | | requires otherwise, "small business stationary source" means a
| 11 | | business that is owned
or operated by a person that employs 100 | 12 | | or fewer individuals; is a small
business; is not a major | 13 | | stationary source as defined in Titles I and III
of the federal | 14 | | 1990 Clean Air Act Amendments; does not emit 50 tons or more
| 15 | | per year of any regulated pollutant (as defined under the | 16 | | federal Clean Air
Act); and emits less than 75 tons per year of | 17 | | all regulated pollutants.
| 18 | | (b) The Department may:
| 19 | | (1) Provide access to technical and compliance | 20 | | information for
Illinois firms, including small and middle | 21 | | market companies, to facilitate
local business compliance | 22 | | with the federal, State, and local environmental
| 23 | | regulations.
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| 1 | | (2) Coordinate and enter into cooperative agreements | 2 | | with a State
ombudsman office, which shall be established | 3 | | in accordance with the federal
1990 Clean Air Act | 4 | | Amendments to provide direct oversight to the program
| 5 | | established under that Act.
| 6 | | (3) Enter into contracts, cooperative agreements, and | 7 | | financing
agreements and establish and collect charges and | 8 | | fees necessary or
incidental to the performance of duties | 9 | | and the execution of powers
under this Section.
| 10 | | (4) Accept and expend, subject to appropriation, | 11 | | gifts, grants,
awards, funds, contributions, charges, | 12 | | fees, and other financial or
nonfinancial aid from federal, | 13 | | State, and local governmental agencies,
businesses, | 14 | | educational agencies, not-for-profit organizations, and | 15 | | other
entities, for the purposes of this Section.
| 16 | | (5) Establish, staff, and administer programs and | 17 | | services and adopt
such rules and regulations necessary to | 18 | | carry out the intent of
this Section and Section 507, | 19 | | "Small Business Stationary Source Technical
and | 20 | | Environmental Compliance Assistance Program", of the | 21 | | federal 1990
Clean Air Act Amendments.
| 22 | | (c) The Department's environmental compliance programs and | 23 | | services for
businesses may include, but need not be limited | 24 | | to, the following:
| 25 | | (1) Communication and outreach services to or on behalf | 26 | | of individual
companies, including collection and |
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| 1 | | compilation of appropriate information
on regulatory | 2 | | compliance issues and control technologies, and | 3 | | dissemination
of that information through publications, | 4 | | direct mailings,
electronic
communications, conferences, | 5 | | workshops, one-on-one counseling, and other
means of | 6 | | technical assistance.
| 7 | | (2) Provision of referrals and access to technical
| 8 | | assistance, pollution prevention and facility audits, and | 9 | | otherwise
serving as an information clearinghouse on | 10 | | pollution prevention through the
coordination of the | 11 | | Illinois Sustainable Technology Waste Management and | 12 | | Research Center of the University of Illinois. In addition,
| 13 | | environmental and regulatory compliance issues and | 14 | | techniques, which may
include business rights and | 15 | | responsibilities, applicable permitting and
compliance | 16 | | requirements, compliance methods and acceptable control
| 17 | | technologies, release detection, and other applicable | 18 | | information may be
provided.
| 19 | | (3) Coordination with and provision of administrative | 20 | | and logistical
support to the State
Compliance Advisory | 21 | | Panel.
| 22 | | (d) There is hereby created a special fund in the State | 23 | | Treasury to be
known as the Small Business Environmental | 24 | | Assistance Fund. Monies received
under subdivision (b)(4) of | 25 | | this Section shall be deposited into the Fund.
| 26 | | Monies in the Small Business Environmental Assistance Fund |
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| 1 | | may be used,
subject to appropriation, only for the purposes | 2 | | authorized by this Section.
| 3 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)
| 4 | | Section 10. The Business Assistance and Regulatory Reform | 5 | | Act is amended by changing Section 15 as follows:
| 6 | | (20 ILCS 608/15)
| 7 | | Sec. 15. Providing Information and Expediting Permit | 8 | | Reviews.
| 9 | | (a) The office shall provide an information system using a | 10 | | toll-free
business assistance number. The number shall be | 11 | | advertised throughout the
State. If requested, the caller will | 12 | | be sent a basic business kit, describing
the basic requirements | 13 | | and procedures for doing business in Illinois. If
requested, | 14 | | the caller shall be directed to one or more of the additional
| 15 | | services provided by the office. All persons providing advice | 16 | | to callers on
behalf of
the office and all persons responsible | 17 | | for directly providing services to
persons visiting the office | 18 | | or one of its branches shall be persons with small
business | 19 | | experience in an administrative or managerial capacity.
| 20 | | (b) (Blank).
| 21 | | (c) Any applicant for permits required for a business | 22 | | activity may confer
with the office to obtain assistance in the | 23 | | prompt and efficient processing and
review of applications. The | 24 | | office may designate an employee of the office to
act as a |
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| 1 | | permit assistance manager to:
| 2 | | (1) facilitate contacts for the applicant with | 3 | | responsible agencies;
| 4 | | (2) arrange conferences to clarify the requirements of | 5 | | interested
agencies;
| 6 | | (3) consider with State agencies the feasibility of | 7 | | consolidating
hearings and data required of the applicant;
| 8 | | (4) assist the applicant in resolution of outstanding | 9 | | issues identified by
State agencies; and
| 10 | | (5) coordinate federal, State and local regulatory | 11 | | procedures and permit
review actions to the extent | 12 | | possible.
| 13 | | (d) The office shall publish a directory of State business | 14 | | permits and State
programs to assist small businesses.
| 15 | | (e) The office shall attempt to establish
agreements with | 16 | | local governments to
allow the office to provide assistance to | 17 | | applicants for permits required by
these local governments.
| 18 | | (f) Interested
State agencies shall, to the maximum extent | 19 | | feasible, establish procedures to
expedite applications for | 20 | | infrastructure projects. Applications for permits
for | 21 | | infrastructure projects shall be approved or disapproved | 22 | | within 45 days of
submission, unless law or regulations specify | 23 | | a different period. If the
interested agency is unable to act | 24 | | within that period, the agency shall provide
a written | 25 | | notification to the office specifying reasons for its inability | 26 | | to
act and the date by which approval or disapproval shall be |
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| 1 | | determined. The
office may require any interested State agency | 2 | | to designate an employee who
will coordinate the handling of | 3 | | permits in that area.
| 4 | | (g) In addition to its responsibilities in connection with | 5 | | permit
assistance, the office shall provide general regulatory | 6 | | information by
directing businesses to appropriate officers in | 7 | | State agencies to supply the
information requested.
| 8 | | (h) The office shall help businesses to locate and apply to | 9 | | training
programs available to train current employees in | 10 | | particular skills, techniques
or areas of knowledge relevant to | 11 | | the employees' present or anticipated job
duties. In pursuit of | 12 | | this objective, the office shall provide businesses with
| 13 | | pertinent information about training programs offered by State | 14 | | agencies, units
of local government, public universities and | 15 | | colleges, community colleges, and
school districts in | 16 | | Illinois.
| 17 | | (i) The office shall help businesses to locate and apply to | 18 | | State programs
offering to businesses grants, loans, loan or | 19 | | bond guarantees, investment
partnerships, technology or | 20 | | productivity consultation, or other forms of
business | 21 | | assistance.
| 22 | | (j) To the extent authorized by federal law, the office | 23 | | shall assist
businesses in ascertaining and complying with the | 24 | | requirements of the federal
Americans with Disabilities Act.
| 25 | | (k) The office shall provide confidential on-site | 26 | | assistance in identifying
problems and solutions in compliance |
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| 1 | | with requirements of State and federal
environmental | 2 | | regulations. The office shall work through and contract with | 3 | | the Illinois Sustainable Technology
Waste Management and | 4 | | Research Center to provide confidential on-site
consultation | 5 | | audits that (i) assist regulatory compliance and (ii) identify
| 6 | | pollution prevention opportunities.
| 7 | | (k-5) Until July 1, 2012, the office shall provide | 8 | | confidential on-site assistance, including, but not limited | 9 | | to, consultation audits, to identify
problems and solutions | 10 | | regarding compliance with the requirements of the federal
| 11 | | Occupational Safety and Health Administration. On and after | 12 | | July 1, 2012, the Department of Labor shall provide | 13 | | confidential on-site assistance, including, but not limited | 14 | | to, consultation audits, to identify
problems and solutions | 15 | | regarding compliance with the requirements of the federal
| 16 | | Occupational Safety and Health Administration. | 17 | | (l) The office shall provide information on existing loan | 18 | | and business
assistance programs provided by the State.
| 19 | | (m) Each State agency having jurisdiction to approve or | 20 | | deny a permit shall
have the continuing power heretofore or | 21 | | hereafter vested in it to make such
determinations. The | 22 | | provisions of this Act shall not lessen or reduce such
powers | 23 | | and shall modify the procedures followed in carrying out such | 24 | | powers
only to the extent provided in this Act.
| 25 | | (n) (1) Each State agency shall fully cooperate with the | 26 | | office in
providing information, documentation, personnel or |
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| 1 | | facilities requested by the
office.
| 2 | | (2) Each State agency having jurisdiction of any permit to | 3 | | which the
master application procedure is applicable shall | 4 | | designate an employee to act
as permit liaison office with the | 5 | | office in carrying out the provisions of this
Act.
| 6 | | (o) (1) The office has authority, but is not required, to | 7 | | keep and analyze
appropriate statistical data regarding the | 8 | | number of permits issued by State
agencies, the amount of time | 9 | | necessary for the permits to be issued, the cost
of obtaining | 10 | | such permits, the types of projects for which specific permits | 11 | | are
issued, a geographic distribution of permits, and other | 12 | | pertinent data the
office deems appropriate.
| 13 | | The office shall make such data and any analysis of the | 14 | | data available to
the public.
| 15 | | (2) The office has authority, but is not required, to | 16 | | conduct or cause to be
conducted a thorough review of any | 17 | | agency's permit requirements and the need
by the State to | 18 | | require such permits. The office shall draw on the review, on
| 19 | | its direct experience, and on its statistical analyses to | 20 | | prepare
recommendations regarding how to:
| 21 | | (i) eliminate unnecessary or antiquated permit | 22 | | requirements;
| 23 | | (ii) consolidate duplicative or overlapping permit | 24 | | requirements;
| 25 | | (iii) simplify overly complex or lengthy application | 26 | | procedures;
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| 1 | | (iv) expedite time-consuming agency review and | 2 | | approval procedures; or
| 3 | | (v) otherwise improve the permitting processes in the | 4 | | State.
| 5 | | The office shall submit copies of all recommendations | 6 | | within 5 days of
issuance to the affected agency, the Governor, | 7 | | the General Assembly, and the
Joint Committee on Administrative | 8 | | Rules.
| 9 | | (p) The office has authority to review State forms on its | 10 | | own initiative or
upon the request of another State agency to | 11 | | ascertain the burden, if any, of
complying with those forms. If | 12 | | the office determines that a form is unduly
burdensome to | 13 | | business, it may recommend to the agency issuing the form | 14 | | either
that the form be eliminated or that specific changes be | 15 | | made in the form.
| 16 | | (q) Not later than March 1 of each year, beginning March 1, | 17 | | 1995, the office
shall submit an annual
report of its | 18 | | activities during the preceding year to the Governor and | 19 | | General
Assembly. The report shall describe the activities of | 20 | | the office during the
preceding year and shall contain | 21 | | statistical information on the permit
assistance activities of | 22 | | the office.
| 23 | | (Source: P.A. 97-787, eff. 7-13-12.)
| 24 | | Section 15. The Hazardous Waste Technology Exchange | 25 | | Service Act is amended by changing Sections 3, 4, and 6 as |
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| 1 | | follows:
| 2 | | (20 ILCS 1130/3) (from Ch. 111 1/2, par. 6803)
| 3 | | Sec. 3. For the purposes of this Act, unless the context | 4 | | otherwise requires:
| 5 | | (a) "Board" means the Board of Trustees of the University | 6 | | of Illinois.
| 7 | | (b) "Center" means the Illinois Sustainable Technology | 8 | | Waste Management and Research Center
of the University of | 9 | | Illinois.
| 10 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)
| 11 | | (20 ILCS 1130/4) (from Ch. 111 1/2, par. 6804)
| 12 | | Sec. 4. Illinois Sustainable Technology Waste Management | 13 | | and Research Center. The Illinois Sustainable Technology | 14 | | Center (formerly known as the Waste Management and Research | 15 | | Center ) is transferred to the University of Illinois.
| 16 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)
| 17 | | (20 ILCS 1130/6) (from Ch. 111 1/2, par. 6806)
| 18 | | Sec. 6. Appropriations. For the purpose of maintaining the | 19 | | Illinois Sustainable Technology Waste
Management and Research | 20 | | Center, paying the expenses and providing the
facilities and | 21 | | structures incident thereto, appropriations shall be made to
| 22 | | the University of Illinois, payable from the Hazardous Waste | 23 | | Research Fund and other
funds in the State Treasury.
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| 1 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)
| 2 | | Section 20. The Green Governments Illinois Act is amended | 3 | | by changing Section 15 as follows: | 4 | | (20 ILCS 3954/15)
| 5 | | Sec. 15. Composition of the Council membership and | 6 | | administrative support . Representatives The Council shall be | 7 | | composed of representatives from various State agencies and | 8 | | State universities with specific fiscal, procurement, | 9 | | educational, and environmental policy expertise shall comprise | 10 | | the Council . Until the effective date of this amendatory Act of | 11 | | the 97th General Assembly, the Lieutenant Governor is the chair | 12 | | of the Council. On and after the effective date of this | 13 | | amendatory Act of the 97th General Assembly, the Governor is | 14 | | the chair of the Council, and the Lieutenant Governor, or his | 15 | | or her designee, shall be a member of the council. The director | 16 | | or President, respectively, of each of the following State | 17 | | agencies and State universities, or his or her designee, is a | 18 | | member of the Council: the Department of Commerce and Economic | 19 | | Opportunity, the Environmental Protection Agency, the | 20 | | University of Illinois, the Department of Natural Resources, | 21 | | the Department of Central Management Services, the Governor's | 22 | | Office of Management and Budget, the Department of Agriculture, | 23 | | the Department of Transportation, the Department of | 24 | | Corrections, the Department of Human Services, the Department |
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| 1 | | of Public Health, the State Board of Education, the Board of | 2 | | Higher Education, and the Capital Development Board. | 3 | | The Office of the Governor shall provide administrative | 4 | | support to the Council. A minimum of one staff position in the | 5 | | Office of the Governor shall be dedicated to the Green | 6 | | Governments Illinois program.
| 7 | | (Source: P.A. 96-74, eff. 7-24-09; 97-573, eff. 8-25-11.) | 8 | | Section 25. The University of Illinois Exercise of | 9 | | Functions and Duties Law
of the Civil Administrative Code of | 10 | | Illinois is amended by changing Section 3000-5 as follows:
| 11 | | (110 ILCS 355/3000-5) (was 110 ILCS 355/62)
| 12 | | Sec. 3000-5. Retention of duties by University of Illinois. | 13 | | Unless
otherwise
provided by law, the functions and duties
| 14 | | formerly exercised by the State entomologist, the Illinois | 15 | | Natural History Survey State laboratory of
natural history , the | 16 | | Illinois State Water Survey water survey , and the Illinois | 17 | | State Geological Survey geological survey
and the functions and | 18 | | duties of the Illinois Sustainable Technology Center (formerly | 19 | | known as the Waste Management and
Research Center ) and its | 20 | | Hazardous Materials Laboratory as authorized by
the Hazardous | 21 | | Waste Technology Exchange Service Act shall continue to be | 22 | | exercised at the
University of Illinois in buildings and places | 23 | | provided by the trustees
of the University.
| 24 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)
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| 1 | | Section 30. The University of Illinois Scientific Surveys | 2 | | Act is amended by changing Sections 5, 10, 15, 20, and 55 as | 3 | | follows: | 4 | | (110 ILCS 425/5)
| 5 | | Sec. 5. Purposes. The purposes of this Act are to establish | 6 | | at the University of Illinois the Prairie Research Institute an | 7 | | institute for natural resources sustainability and to transfer | 8 | | to it all rights, powers, duties, property, and functions | 9 | | currently vested in the Department of Natural Resources | 10 | | pertaining to its Illinois Natural History Survey division , | 11 | | Illinois State Water Survey division , Illinois State | 12 | | Geological Survey division , and Illinois Sustainable | 13 | | Technology Center (formerly known as the Waste Management and | 14 | | Research Center ) division (which may also be referred to as the | 15 | | Illinois Sustainable Technology Center) .
| 16 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .) | 17 | | (110 ILCS 425/10)
| 18 | | Sec. 10. Definitions. For the purposes of this Act, unless | 19 | | the context otherwise requires: | 20 | | "Board of Trustees" means the Board of Trustees of the | 21 | | University of Illinois. | 22 | | "Scientific Surveys" means, collectively, the Illinois | 23 | | State Natural History Survey division , the Illinois State Water |
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| 1 | | Survey division , the Illinois State Geological Survey | 2 | | division , and the Illinois Sustainable Technology Center | 3 | | (formerly known as the Waste Management and Research Center ) | 4 | | division transferred by this Act from the Department of Natural | 5 | | Resources to the Board of Trustees.
| 6 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .) | 7 | | (110 ILCS 425/15)
| 8 | | Sec. 15. Organization. The Board of Trustees shall | 9 | | establish and operate the Prairie Research Institute an | 10 | | institute for natural sciences and sustainability . The | 11 | | Institute institute shall contain within it the Illinois State | 12 | | Natural History Survey division , the Illinois State Water | 13 | | Survey division , the Illinois State Geological Survey | 14 | | division , the Illinois Sustainable Technology Waste Management | 15 | | and Research Center division , the Illinois State | 16 | | Archaeological Survey, and such other related entities, | 17 | | research functions, and responsibilities as may be | 18 | | appropriate. The Institute institute shall be under the | 19 | | governance and control of the Board of Trustees.
| 20 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .) | 21 | | (110 ILCS 425/20)
| 22 | | Sec. 20. General powers and duties. In addition to its | 23 | | other powers and duties, the Board of Trustees shall have the | 24 | | power to provide for the management and operation of the |
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| 1 | | Prairie Research Institute Scientific Surveys including, but | 2 | | not limited to, the following powers and duties which shall be | 3 | | performed by the Scientific Surveys: | 4 | | (1) To investigate and study the natural and cultural | 5 | | resources of the State and to prepare reports and furnish | 6 | | information fundamental to the conservation and | 7 | | development of natural and cultural resources , and, for | 8 | | that purpose, the officers and employees thereof shall have | 9 | | the authority to enter and cross all lands in this State, | 10 | | doing no damage to private property. | 11 | | (2) To collaborate with and advise departments having | 12 | | administrative powers and duties relating to the natural | 13 | | resources of the State, and to collaborate with similar | 14 | | departments in other states and with the United States | 15 | | Government. | 16 | | (3) To conduct a natural history survey of the State, | 17 | | giving preference to subjects of educational and | 18 | | economical importance. The Illinois State Biologist shall | 19 | | be an employee of the Illinois Natural History Survey. | 20 | | (4) To investigate the entomology of the State. The | 21 | | Illinois State Entomologist shall be an employee of the | 22 | | Illinois Natural History Survey. | 23 | | (5) To investigate all insects dangerous or injurious | 24 | | to agricultural or horticultural plants and crops, to | 25 | | livestock, to nursery trees and plants, to the products of | 26 | | the truck farm and vegetable garden, to shade trees and |
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| 1 | | other ornamental vegetation of cities and villages, and to | 2 | | the products of the mills and the contents of warehouses, | 3 | | and all insects injurious or dangerous to the public | 4 | | health. | 5 | | (6) To study the geological formation of the State with | 6 | | reference to its resources of coal, ores, clays, building | 7 | | stones, cement, materials suitable for use in the | 8 | | construction of the roads, gas, oil, mineral and artesian | 9 | | water, aquifers and aquitards, and other resources and | 10 | | products. The Illinois State Geologist shall be an employee | 11 | | of the Illinois State Geological Survey. | 12 | | (7) To cooperate with United States federal agencies in | 13 | | the preparation of geological and land surface maps and | 14 | | completion of a contour topographic map and the collection, | 15 | | recording, and printing of water and atmospheric resource | 16 | | data , including stream flow measurements ; and to collect | 17 | | facts and data concerning the volumes and flow of | 18 | | underground, surface, and atmospheric waters of the State ; | 19 | | and to determine the mineral and chemical qualities of | 20 | | water from different geological formations and surface and | 21 | | atmospheric waters for the various sections of the State. | 22 | | (8) To act as the central data repository and research | 23 | | coordinator for the State in matters related to water and | 24 | | atmospheric resources. The Illinois State Water Survey of | 25 | | the University of Illinois may monitor and evaluate all | 26 | | weather modification operations in Illinois. The Illinois |
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| 1 | | State Climatologist and the Illinois State Hydrologist | 2 | | shall be employees of the Illinois State Water Survey. | 3 | | (9) To provide To collaborate with the Illinois State | 4 | | Academy of Science and to publish the results of the | 5 | | investigations and research in the field of natural science | 6 | | to the end that the same may be distributed to the | 7 | | interested public. | 8 | | (10) To perform all other duties and assume all | 9 | | obligations of the Department of Natural Resources | 10 | | pertaining to the Illinois State Water Survey, the Illinois | 11 | | State Geological Survey, the Illinois State Natural | 12 | | History Survey, and the Illinois Sustainable Technology | 13 | | Waste Management and Research Center , and the Illinois | 14 | | State Archaeological Survey . | 15 | | (11) To maintain all previously existing relationships | 16 | | between the Illinois State Water Survey, the Illinois State | 17 | | Geological Survey, the Illinois State Natural History | 18 | | Survey, and the Illinois Sustainable Technology Center , | 19 | | and the Illinois State Archaeological Survey and the public | 20 | | and private colleges and universities in Illinois. | 21 | | (12) To participate in federal and State geologic | 22 | | mapping programs. | 23 | | (13) To conduct educational programs to further the | 24 | | exchange of information
to reduce the generation of | 25 | | hazardous wastes or to treat or dispose of
such wastes so | 26 | | as to make them nonhazardous.
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| 1 | | (14) To provide a technical information service for | 2 | | industries involved in
the generation, treatment, or | 3 | | disposal of hazardous wastes.
| 4 | | (15) To disseminate information regarding advances in | 5 | | hazardous waste
management technology and sustainability | 6 | | practices that could both protect the environment and | 7 | | further
industrial productivity.
| 8 | | (16) To provide research in areas related to reduction | 9 | | of the generation of
hazardous wastes; treatment, | 10 | | recycling and reuse; toxic pollution prevention; and other | 11 | | issues that
the Board may suggest. The Illinois Pollution | 12 | | Prevention Scientist shall be an employee of the Illinois | 13 | | Sustainable Technology Center.
| 14 | | (17) To investigate, preserve, and interpret the | 15 | | archaeological heritage of this State within the contexts | 16 | | of public needs and sustainable economic development | 17 | | through scientific research, public service, education, | 18 | | and outreach activities. The Illinois State Archaeologist | 19 | | shall be an employee of the Illinois State Archeological | 20 | | Survey. | 21 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .) | 22 | | (110 ILCS 425/55)
| 23 | | Sec. 55. Successor agency. For purposes of the Successor | 24 | | Agency Act and Section 9b of the State Finance Act, the Board | 25 | | of Trustees is the successor to the Department of Natural |
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| 1 | | Resources and the Illinois Board of Natural Resources and | 2 | | Conservation with respect to the rights, powers, duties, | 3 | | property, functions, and other matters transferred by this Act.
| 4 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .) | 5 | | Section 35. The Well Abandonment Act is amended by changing | 6 | | Section 1 as follows:
| 7 | | (225 ILCS 730/1) (from Ch. 96 1/2, par. 5201)
| 8 | | Sec. 1. It is the duty of the permittee of any well drilled | 9 | | or deepened
for oil or gas, to file all geophysical logs and a | 10 | | well drilling report of
said well in the office of the State | 11 | | Geological Survey of the University of Illinois within 90 days
| 12 | | after drilling ceases.
| 13 | | The well drilling report: (1) shall show the character
and | 14 | | depth of the formations passed through or encountered in the | 15 | | drilling
of the well, particularly showing the depth and | 16 | | thickness of oil-bearing
strata, and gas-bearing strata, (2) | 17 | | shall show the position and thickness
of coal beds and deposits | 18 | | of mineral materials of economic value, and (3)
shall give the | 19 | | location of the hole.
| 20 | | The Department of Natural Resources shall supply
to the | 21 | | Illinois State Geological Survey a copy of each permit, showing | 22 | | the location of the
well.
| 23 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)
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| 1 | | Section 40. The Toxic Pollution Prevention Act is amended | 2 | | by changing Sections 3 and 5 as follows:
| 3 | | (415 ILCS 85/3) (from Ch. 111 1/2, par. 7953)
| 4 | | Sec. 3. Definitions. As used in this Act:
| 5 | | "Agency" means the Illinois Environmental Protection | 6 | | Agency.
| 7 | | "Center" means the Illinois Sustainable Technology Waste | 8 | | Management and Research Center.
| 9 | | "Person" means any individual, partnership, | 10 | | co-partnership, firm,
company, corporation, association, joint | 11 | | stock company, trust, political
subdivision, State agency, or | 12 | | any other legal entity, or its legal
representative, agent or | 13 | | assigns.
| 14 | | "Release" means emission to the air, discharge to surface | 15 | | waters or
off-site wastewater treatment facilities, or on-site | 16 | | release to the land,
including but not limited to landfills, | 17 | | surface impoundments and injection
wells.
| 18 | | "Toxic substance" means any substance listed by the Agency | 19 | | pursuant
to Section 4 of this Act.
| 20 | | "Toxic pollution prevention" means in-plant practices that | 21 | | reduce, avoid or
eliminate: (i) the use of toxic substances, | 22 | | (ii) the generation of toxic
constituents in wastes, (iii) the | 23 | | disposal or release of toxic substances into
the environment, | 24 | | or (iv) the development or manufacture of products with toxic
| 25 | | constituents, through the application of any of the following |
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| 1 | | techniques:
| 2 | | (1) input substitution, which refers to replacing a | 3 | | toxic substance or
raw material used in a production | 4 | | process with a nontoxic or less toxic
substance;
| 5 | | (2) product reformulation, which refers to | 6 | | substituting for an existing
end product an end product | 7 | | which is nontoxic or less toxic upon use, release or
| 8 | | disposal;
| 9 | | (3) production process redesign or modification, which | 10 | | refers to
developing and using production processes of a | 11 | | different design than those
currently used;
| 12 | | (4) production process modernization, which refers to | 13 | | upgrading or
replacing existing production process | 14 | | equipment or methods with other
equipment or methods based | 15 | | on the same production process;
| 16 | | (5) improved operation and maintenance of existing | 17 | | production
process equipment and methods, which refers to | 18 | | modifying or adding to
existing equipment or methods, | 19 | | including but not limited to such
techniques as improved | 20 | | housekeeping practices, system adjustments, product
and | 21 | | process inspections, and production process control | 22 | | equipment or methods;
| 23 | | (6) recycling, reuse or extended use of toxic | 24 | | substances by using
equipment or methods which become an | 25 | | integral part of the production
process, including but not | 26 | | limited to filtration and other closed loop methods.
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| 1 | | However, "toxic pollution prevention" shall not include or | 2 | | in any way be
inferred to promote or require incineration, | 3 | | transfer from one medium of
release to another, off-site or out | 4 | | of process waste recycling, or end of
pipe treatment of toxic | 5 | | substances.
| 6 | | "Trade secret" means any information concerning production | 7 | | processes
employed or substances manufactured, processed or | 8 | | otherwise used within a
facility which the Agency determines to | 9 | | satisfy the criteria established
under Section 3.490 of the | 10 | | Environmental Protection Act, and to
which specific trade | 11 | | secret status has been granted by the Agency.
| 12 | | (Source: P.A. 92-574, eff. 6-26-02.)
| 13 | | (415 ILCS 85/5) (from Ch. 111 1/2, par. 7955)
| 14 | | Sec. 5. Toxic Pollution Prevention Assistance Program. | 15 | | There is
hereby established a Toxic Pollution Prevention | 16 | | Assistance Program at the Illinois Sustainable Technology
| 17 | | Waste Management and Research
Center. The Center may establish
| 18 | | cooperative programs with public and private colleges and | 19 | | universities
designed to augment the implementation of this | 20 | | Section. The Center may
establish fees, tuition, or other | 21 | | financial charges for participation in
the Assistance Program. | 22 | | These monies shall be deposited in the Toxic
Pollution | 23 | | Prevention Fund established in Section 7 of this Act. Through | 24 | | the
Assistance Program, the Center:
| 25 | | (1) Shall provide general information about and actively |
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| 1 | | publicize the
advantages of and developments in toxic pollution | 2 | | prevention and sustainability practices .
| 3 | | (2) May establish courses, seminars, conferences and other | 4 | | events, and
reports, updates, guides and other publications and | 5 | | other means of
providing technical information for industries, | 6 | | local governments and
citizens concerning toxic pollution | 7 | | prevention strategies, and may, as
appropriate, work in | 8 | | cooperation with the Agency.
| 9 | | (3) Shall engage in research on toxic pollution prevention
| 10 | | methods. Such research shall include assessments of the impact
| 11 | | of adopting toxic pollution prevention methods on the | 12 | | environment, the
public health, and worker exposure, and | 13 | | assessments of the impact on
profitability and employment | 14 | | within affected industries.
| 15 | | (4) Shall provide on-site technical
consulting, to the | 16 | | extent practicable, to help facilities to
identify | 17 | | opportunities for toxic pollution prevention, and to develop
| 18 | | comprehensive toxic pollution prevention plans that would | 19 | | include water, energy, and solid waste . To be eligible for such
| 20 | | consulting, the owner or operator of a facility must agree to | 21 | | allow
information regarding the results of such consulting to | 22 | | be shared with the
public, provided that the identity of the | 23 | | facility shall be made available only
with its consent, and | 24 | | trade secret information shall remain protected.
| 25 | | (5) May sponsor pilot projects in cooperation with the
| 26 | | Agency, or an institute of higher education to develop
and |
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| 1 | | demonstrate innovative technologies and methods for toxic | 2 | | pollution
prevention and sustainable development . The results | 3 | | of all such projects shall be available for use by
the public, | 4 | | but trade secret information shall remain protected.
| 5 | | (6) May award grants for activities that further the | 6 | | purposes of this
Act, including but not limited to the | 7 | | following:
| 8 | | (A) grants to not-for-profit organizations to | 9 | | establish free or
low-cost technical assistance or | 10 | | educational programs to supplement the
toxic pollution | 11 | | prevention activities of the Center;
| 12 | | (B) grants to assist trade associations, business | 13 | | organizations, labor
organizations and educational | 14 | | institutions in developing training materials
to foster | 15 | | toxic pollution prevention; and
| 16 | | (C) grants to assist industry, business organizations, | 17 | | labor
organizations, education institutions and industrial | 18 | | hygienists to
identify, evaluate and implement toxic | 19 | | pollution prevention measures and
alternatives through | 20 | | audits, plans and programs.
| 21 | | The Center may establish criteria and terms for such | 22 | | grants, including a
requirement that a grantee provide | 23 | | matching funds. Grant money awarded
under this Section may | 24 | | not be spent for capital improvements or equipment.
| 25 | | In determining whether to award a grant, the Center | 26 | | shall
consider at least the following:
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| 1 | | (i) the potential of the project to prevent | 2 | | pollution;
| 3 | | (ii) the likelihood that the project will develop | 4 | | techniques or
processes that will minimize the | 5 | | transfer of pollution from one
environmental medium to | 6 | | another;
| 7 | | (iii) the extent to which information to be | 8 | | developed through the
project will be applicable to | 9 | | other persons in the State; and
| 10 | | (iv) the willingness of the grant applicant to | 11 | | assist the Center in
disseminating information about | 12 | | the pollution prevention methods to be
developed | 13 | | through the project.
| 14 | | (7) Shall establish and operate a State information | 15 | | clearinghouse
that
assembles, catalogues and disseminates | 16 | | information about toxic pollution
prevention and available | 17 | | consultant services. Such clearinghouse shall
include a | 18 | | computer database containing information on managerial, | 19 | | technical
and operational approaches to achieving toxic | 20 | | pollution prevention. The
computer database must be maintained | 21 | | on a system designed to enable
businesses, governmental | 22 | | agencies and the general public readily to obtain
information | 23 | | specific to production technologies, materials, operations and
| 24 | | products. A business shall not be required to submit to the | 25 | | clearinghouse
any information that is a trade secret.
| 26 | | (8) May contract with an established institution of higher |
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| 1 | | education
to assist the Center in carrying out the provisions | 2 | | of this Section. The
assistance provided by such an institution | 3 | | may include, but need not be
limited to:
| 4 | | (A) engineering field internships to assist industries | 5 | | in
identifying
toxic pollution prevention opportunities;
| 6 | | (B) development of a toxic pollution prevention | 7 | | curriculum for
students and faculty; and
| 8 | | (C) applied toxic pollution prevention and recycling | 9 | | research.
| 10 | | (9) Shall emphasize assistance to businesses that have | 11 | | inadequate
technical and financial resources to obtain | 12 | | information and to assess and
implement toxic pollution | 13 | | prevention methods.
| 14 | | (10) Shall publish a biannual report on its toxic pollution
| 15 | | prevention and sustainable development activities, | 16 | | achievements, identified problems and future goals.
| 17 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)
| 18 | | Section 45. The Illinois Low-Level Radioactive Waste | 19 | | Management Act is amended by changing Section 3 as follows:
| 20 | | (420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)
| 21 | | Sec. 3. Definitions.
| 22 | | "Agency" means the Illinois Emergency Management Agency. | 23 | | "Broker" means any person who takes possession of low-level | 24 | | waste for
purposes of consolidation and shipment.
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| 1 | | "Compact" means the Central Midwest Interstate Low-Level | 2 | | Radioactive
Waste Compact.
| 3 | | "Decommissioning" means the measures taken at the end of a | 4 | | facility's
operating life to assure the continued protection of | 5 | | the public from any
residual radioactivity or other potential | 6 | | hazards present at a facility.
| 7 | | "Director" means the Director of the Illinois Emergency | 8 | | Management Agency.
| 9 | | "Disposal" means the isolation of waste from the biosphere | 10 | | in a
permanent facility designed for that purpose.
| 11 | | "Facility" means a parcel of land or site, together with | 12 | | structures,
equipment and improvements on or appurtenant to the | 13 | | land or site, which
is used or is being developed for the | 14 | | treatment, storage or disposal of
low-level radioactive waste. | 15 | | "Facility" does not include lands, sites,
structures or | 16 | | equipment used by a generator in the generation of low-level
| 17 | | radioactive wastes.
| 18 | | "Generator" means any person who produces or possesses | 19 | | low-level
radioactive waste in the course of or incident to | 20 | | manufacturing, power
generation, processing, medical diagnosis | 21 | | and treatment, research,
education or other activity.
| 22 | | "Hazardous waste" means a waste, or combination of wastes, | 23 | | which
because of its quantity, concentration, or physical, | 24 | | chemical, or
infectious characteristics may cause or | 25 | | significantly contribute to an
increase in mortality or an | 26 | | increase in serious, irreversible, or
incapacitating |
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| 1 | | reversible, illness; or pose a substantial present or
potential | 2 | | hazard to human health or the environment when improperly
| 3 | | treated, stored, transported, or disposed of, or otherwise | 4 | | managed, and
which has been identified, by characteristics or | 5 | | listing, as hazardous
under Section 3001 of the Resource | 6 | | Conservation and Recovery Act of
1976, P.L. 94-580 or under | 7 | | regulations of the Pollution Control Board.
| 8 | | "High-level radioactive waste" means:
| 9 | | (1) the highly radioactive material resulting from the | 10 | | reprocessing of
spent nuclear fuel including liquid waste | 11 | | produced directly in reprocessing
and any solid material | 12 | | derived from the liquid waste that contains fission
| 13 | | products in sufficient concentrations; and
| 14 | | (2) the highly radioactive material that the Nuclear | 15 | | Regulatory
Commission has determined, on the effective | 16 | | date of this Amendatory Act of
1988, to be high-level | 17 | | radioactive waste requiring permanent isolation.
| 18 | | "Low-level radioactive waste" or "waste" means radioactive | 19 | | waste not
classified as high-level radioactive waste, | 20 | | transuranic waste, spent nuclear
fuel or byproduct material as | 21 | | defined in Section 11e(2) of the Atomic Energy
Act of 1954 (42 | 22 | | U.S.C. 2014).
| 23 | | "Mixed waste" means waste that is both "hazardous waste" | 24 | | and "low-level
radioactive waste" as defined in this Act.
| 25 | | "Person" means an individual,
corporation, business | 26 | | enterprise or other legal entity either public or private
and |
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| 1 | | any legal successor, representative, agent or agency of that | 2 | | individual,
corporation, business enterprise, or legal entity.
| 3 | | "Post-closure care" means the continued monitoring of the | 4 | | regional
disposal facility after closure for the purposes of | 5 | | detecting a need for
maintenance, ensuring environmental | 6 | | safety, and determining compliance with
applicable licensure | 7 | | and regulatory requirements, and includes undertaking any
| 8 | | remedial actions necessary to protect public health and the | 9 | | environment from
radioactive releases from the facility.
| 10 | | "Regional disposal facility" or "disposal facility" means | 11 | | the
facility established by the State of Illinois under this | 12 | | Act for disposal
away from the point of generation of waste
| 13 | | generated in the region of the Compact.
| 14 | | "Release" means any spilling, leaking, pumping, pouring, | 15 | | emitting,
emptying, discharging, injecting, escaping, | 16 | | leaching, dumping or disposing
into the environment of | 17 | | low-level radioactive waste.
| 18 | | "Remedial action" means those actions taken in the event of | 19 | | a release
or threatened release of low-level radioactive waste | 20 | | into the environment,
to prevent or minimize the release of the | 21 | | waste so that it does not migrate
to cause substantial danger | 22 | | to present or future public health or welfare
or the | 23 | | environment. The term includes, but is not limited to, actions
| 24 | | at the location of the release such as storage, confinement, | 25 | | perimeter
protection using dikes, trenches or ditches, clay | 26 | | cover, neutralization,
cleanup of released low-level |
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| 1 | | radioactive wastes, recycling or reuse,
dredging or | 2 | | excavations, repair or replacement of leaking containers,
| 3 | | collection of leachate and runoff, onsite treatment or | 4 | | incineration,
provision of alternative water supplies and any | 5 | | monitoring reasonably
required to assure that these actions | 6 | | protect human health and the environment.
| 7 | | "Scientific Surveys" means, collectively, the Illinois | 8 | | State Geological
Survey
and the Illinois State Water Survey of | 9 | | the University of Illinois.
| 10 | | "Shallow land burial" means a land disposal facility in | 11 | | which
radioactive waste is disposed of in or within the upper | 12 | | 30 meters of the
earth's surface. However, this definition | 13 | | shall not include an enclosed,
engineered, structurally | 14 | | re-enforced and solidified bunker that extends
below the | 15 | | earth's surface.
| 16 | | "Storage" means the temporary holding of waste for | 17 | | treatment or
disposal for a period determined by Agency | 18 | | regulations.
| 19 | | "Treatment" means any method, technique or process, | 20 | | including storage
for radioactive decay, designed to change the | 21 | | physical, chemical or biological
characteristics or | 22 | | composition of any waste in order to render the waste
safer for | 23 | | transport, storage or disposal, amenable to recovery, | 24 | | convertible
to another usable material or reduced in volume.
| 25 | | "Waste management" means the storage, transportation, | 26 | | treatment or
disposal of waste.
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| 1 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; 95-777, eff. | 2 | | 8-4-08; 96-328, eff. 8-11-09 .)
| 3 | | Section 50. The Wildlife Code is amended by changing | 4 | | Section 1.3 as follows:
| 5 | | (520 ILCS 5/1.3)
| 6 | | Sec. 1.3. The Department shall have the authority to manage
| 7 | | wildlife and regulate the taking of wildlife for
the
purposes | 8 | | of providing public recreation and controlling wildlife | 9 | | populations.
The seasons during which wildlife may be taken, | 10 | | the methods for taking
wildlife, the daily bag
limits, and the | 11 | | possession limits shall be established by the Department
| 12 | | through
administrative rule,
but the Department may not provide | 13 | | for a longer season, a
larger daily bag limit, or a larger | 14 | | possession limit than is provided in
this Code.
| 15 | | The Natural Resources Advisory Board may also recommend to | 16 | | the Director of
Natural Resources any reductions or increases | 17 | | of seasons and bag or possession
limits or the closure of any | 18 | | season when research and inventory data indicate
the need for | 19 | | such changes.
| 20 | | The Department is authorized to establish seasons for the | 21 | | taking of
migratory birds within the dates established annually | 22 | | by
Proclamation of the
Secretary, United States Department of | 23 | | the Interior, known as the
"Rules and Regulations for Migratory | 24 | | Bird Hunting" (50 CFR 20 et seq.). When
the biological balance |
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| 1 | | of any
species is affected, the Director may with the approval | 2 | | of the
Conservation Advisory Board, by administrative rule, | 3 | | lengthen, shorten
or close the season during which waterfowl | 4 | | may be taken within the
federal limitations prescribed.
If the | 5 | | Department does not adopt an administrative rule establishing a
| 6 | | season, then the season shall be as set forth in the current | 7 | | "Rules and
Regulations for Migratory Bird Hunting". The | 8 | | Department shall advise the
public by reasonable means of the | 9 | | dates of the various seasons.
| 10 | | The Department may utilize the services of the staff of the | 11 | | Illinois
State Natural History Survey of the University of | 12 | | Illinois for making investigations as to the population status | 13 | | of
the various species of wildlife.
| 14 | | Employees or agents of any state, federal, or municipal | 15 | | government or body
when engaged in investigational work and law | 16 | | enforcement, may with prior
approval of the Director, be | 17 | | exempted from the provisions of this Act.
| 18 | | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)
| 19 | | (30 ILCS 105/8.24 rep.)
| 20 | | Section 55. The State Finance Act is amended by repealing | 21 | | Section 8.24.
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 605/605-515 | was 20 ILCS 605/46.13a | | 4 | | 20 ILCS 608/15 | | | 5 | | 20 ILCS 1130/3 | from Ch. 111 1/2, par. 6803 | | 6 | | 20 ILCS 1130/4 | from Ch. 111 1/2, par. 6804 | | 7 | | 20 ILCS 1130/6 | from Ch. 111 1/2, par. 6806 | | 8 | | 20 ILCS 3954/15 | | | 9 | | 110 ILCS 355/3000-5 | was 110 ILCS 355/62 | | 10 | | 110 ILCS 425/5 | | | 11 | | 110 ILCS 425/10 | | | 12 | | 110 ILCS 425/15 | | | 13 | | 110 ILCS 425/20 | | | 14 | | 110 ILCS 425/55 | | | 15 | | 225 ILCS 730/1 | from Ch. 96 1/2, par. 5201 | | 16 | | 415 ILCS 85/3 | from Ch. 111 1/2, par. 7953 | | 17 | | 415 ILCS 85/5 | from Ch. 111 1/2, par. 7955 | | 18 | | 420 ILCS 20/3 | from Ch. 111 1/2, par. 241-3 | | 19 | | 520 ILCS 5/1.3 | | | 20 | | 30 ILCS 105/8.24 rep. | |
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