Full Text of SB2914 99th General Assembly
SB2914 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2914 Introduced 2/18/2016, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
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225 ILCS 230/Act rep. | |
415 ILCS 5/22.8 | from Ch. 111 1/2, par. 1022.8 |
415 ILCS 5/22.59 new | |
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Repeals the Solid Waste Site Operator Certification Law. Amends the Environmental Protection Act. Removes references to the Solid Waste Site Operator Certification Law. Provides that until October 1, 2018, no person shall cause or allow the operation of a sanitary landfill that is required to be permitted under the Act unless the landfill has on its operational staff either (1) an individual who holds a manager of landfill operations certificate from the Solid Waste Association of North America or a similar certificate accepted under another state's landfill operator certification program; or (2) an individual who, on the day before the effective date of this amendatory Act of the 99th General Assembly, held a Class "A" Solid Waste Site Operator Certificate issued by the Environmental Protection Agency under the Solid Waste Operator Certification Law and, if the landfill accepts special waste, a special waste endorsement issued by the Agency under the Solid Waste Operator Certification Law. Provides that beginning October 1, 2018, no person shall cause or allow the operation of a sanitary landfill required to be permitted under the Act unless the landfill has on its operational staff an individual who holds a manager of landfill operations certificate from the Solid Waste Association of North America or a similar certificate accepted under another state's landfill operator certification program. Effective immediately.
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| | A BILL FOR |
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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 | | (225 ILCS 230/Act rep.)
| 5 | | Section 5. The Solid Waste Site Operator Certification Law | 6 | | is repealed. | 7 | | Section 10. The Environmental Protection Act is amended by | 8 | | changing Section 22.8 and by adding Section 22.59 as follows:
| 9 | | (415 ILCS 5/22.8) (from Ch. 111 1/2, par. 1022.8)
| 10 | | Sec. 22.8. Environmental Protection Permit and Inspection | 11 | | Fund.
| 12 | | (a) There is hereby created in the State Treasury a special | 13 | | fund to be known
as the Environmental Protection Permit and | 14 | | Inspection Fund. All fees collected
by the Agency pursuant to | 15 | | this Section, Section 9.6, 12.2, 16.1, 56.4, 56.5, 56.6, and | 16 | | subsection (f) of Section 5 of this
Act, or pursuant to Section | 17 | | 22 of the Public Water Supply Operations Act or Section 1011 of | 18 | | the Solid Waste Site Operator Certification Law , as well as
| 19 | | funds collected under subsection (b.5) of Section 42 of this | 20 | | Act,
shall be deposited into the Fund. In addition to any | 21 | | monies appropriated
from the General Revenue Fund, monies in | 22 | | the Fund shall be appropriated
by the General Assembly to the |
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| 1 | | Agency in amounts deemed necessary for
manifest, permit, and | 2 | | inspection activities and for performing its functions, | 3 | | powers, and duties under the Solid Waste Site Operator | 4 | | Certification Law .
| 5 | | The General Assembly may appropriate monies in the Fund | 6 | | deemed necessary
for Board regulatory and adjudicatory | 7 | | proceedings.
| 8 | | (a-5) As soon as practicable after the effective date of | 9 | | this amendatory Act of the 98th General Assembly, but no later | 10 | | than January 1, 2014, the State Comptroller shall direct and | 11 | | the State Treasurer shall transfer all monies in the Industrial | 12 | | Hygiene Regulatory and Enforcement Fund to the Environmental | 13 | | Protection Permit and Inspection Fund to be used in accordance | 14 | | with the terms of the Environmental Protection Permit and | 15 | | Inspection Fund. | 16 | | (a-6) As soon as practicable after the effective date of | 17 | | this amendatory Act of the 98th General Assembly, but no later | 18 | | than December 31, 2014, the State Comptroller shall order the | 19 | | transfer of, and the State Treasurer shall transfer, all moneys | 20 | | in the Hazardous Waste Occupational Licensing Fund into the | 21 | | Environmental Protection Permit and Inspection Fund to be used | 22 | | in accordance with the terms of the Environmental Protection | 23 | | Permit and Inspection Fund. | 24 | | (b) The Agency shall collect from the
owner or operator of | 25 | | any of the following types of hazardous waste disposal
sites or | 26 | | management facilities which require a RCRA permit under |
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| 1 | | subsection
(f) of Section 21 of this Act, or a UIC permit under | 2 | | subsection (g) of Section
12 of this Act, an annual fee in the | 3 | | amount of:
| 4 | | (1) $35,000 ($70,000 beginning in 2004)
for a hazardous | 5 | | waste disposal site receiving hazardous
waste if the | 6 | | hazardous waste disposal site is located off the site where
| 7 | | such waste was produced;
| 8 | | (2) $9,000 ($18,000 beginning in 2004)
for a hazardous | 9 | | waste disposal site receiving hazardous waste
if the | 10 | | hazardous waste disposal site is located on the site where | 11 | | such
waste was produced;
| 12 | | (3) $7,000 ($14,000 beginning in 2004)
for a hazardous | 13 | | waste disposal site receiving hazardous waste
if the | 14 | | hazardous waste disposal site is an underground injection | 15 | | well;
| 16 | | (4) $2,000 ($4,000 beginning in 2004)
for a hazardous | 17 | | waste management facility treating
hazardous waste by | 18 | | incineration;
| 19 | | (5) $1,000 ($2,000 beginning in 2004)
for a hazardous | 20 | | waste management facility treating hazardous
waste by a | 21 | | method, technique or process other than incineration;
| 22 | | (6) $1,000 ($2,000 beginning in 2004)
for a hazardous | 23 | | waste management facility storing hazardous
waste in a | 24 | | surface impoundment or pile;
| 25 | | (7) $250 ($500 beginning in 2004)
for a hazardous waste | 26 | | management facility storing hazardous
waste other than in a |
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| 1 | | surface impoundment or pile; and
| 2 | | (8) Beginning in 2004, $500 for a large quantity | 3 | | hazardous waste
generator required to submit an annual or | 4 | | biennial report for hazardous waste
generation.
| 5 | | (c) Where two or more operational units are located within | 6 | | a single
hazardous waste disposal site, the Agency shall | 7 | | collect from the owner or
operator of such site an annual fee | 8 | | equal to the highest fee imposed by
subsection (b) of this | 9 | | Section upon any single operational unit within the
site.
| 10 | | (d) The fee imposed upon a hazardous waste disposal site | 11 | | under this
Section shall be the exclusive permit and inspection | 12 | | fee applicable to
hazardous waste disposal at such site, | 13 | | provided that nothing in this
Section shall be construed to | 14 | | diminish or otherwise affect any fee imposed
upon the owner or | 15 | | operator of a hazardous waste disposal site by Section 22.2.
| 16 | | (e) The Agency shall establish procedures, no later than | 17 | | December 1,
1984, relating to the collection of the hazardous | 18 | | waste disposal site
fees authorized by this Section. Such | 19 | | procedures shall include, but not be
limited to the time and | 20 | | manner of payment of fees to the Agency, which
shall be | 21 | | quarterly, payable at the beginning of each quarter for | 22 | | hazardous
waste disposal site fees. Annual fees required under | 23 | | paragraph (7) of
subsection (b) of this Section shall accompany | 24 | | the annual report required
by Board regulations for the | 25 | | calendar year for which the report applies.
| 26 | | (f) For purposes of this Section, a hazardous waste |
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| 1 | | disposal site
consists of one or more of the following | 2 | | operational units:
| 3 | | (1) a landfill receiving hazardous waste for disposal;
| 4 | | (2) a waste pile or surface impoundment, receiving | 5 | | hazardous waste, in
which residues which exhibit any of the | 6 | | characteristics of hazardous waste
pursuant to Board | 7 | | regulations are reasonably expected to remain after | 8 | | closure;
| 9 | | (3) a land treatment facility receiving hazardous | 10 | | waste; or
| 11 | | (4) a well injecting hazardous waste.
| 12 | | (g) The Agency shall assess a fee for each manifest | 13 | | provided by the
Agency. For manifests provided on or after | 14 | | January 1, 1989 but before July 1,
2003, the fee shall be $1 | 15 | | per manifest. For manifests provided on or after
July 1, 2003, | 16 | | the fee shall be $3 per manifest.
| 17 | | (Source: P.A. 98-78, eff. 7-15-13; 98-692, eff. 7-1-14; 98-822, | 18 | | eff. 8-1-14.)
| 19 | | (415 ILCS 5/22.59 new) | 20 | | Sec. 22.59. Sanitary landfill operator certification. | 21 | | (a) Until October 1, 2018, no person shall cause or allow | 22 | | the operation of a sanitary landfill that is required to be | 23 | | permitted under this Act unless the landfill has on its | 24 | | operational staff either: | 25 | | (1) an individual who holds a manager of landfill |
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| 1 | | operations certificate from the Solid Waste Association of | 2 | | North America or a similar certificate accepted under | 3 | | another state's landfill operator certification program; | 4 | | or | 5 | | (2) an individual who, on the day before the effective | 6 | | date of this amendatory Act of the 99th General Assembly, | 7 | | held a Class "A" Solid Waste Site Operator Certificate | 8 | | issued by the Agency under the Solid Waste Operator | 9 | | Certification Law and, if the landfill accepts special | 10 | | waste, a special waste endorsement issued by the Agency | 11 | | under the Solid Waste Operator Certification Law. | 12 | | (b) Beginning October 1, 2018, no person shall cause or | 13 | | allow the operation of a sanitary landfill required to be | 14 | | permitted under this Act unless the landfill has on its | 15 | | operational staff an individual who holds a manager of landfill | 16 | | operations certificate from the Solid Waste Association of | 17 | | North America or a similar certificate accepted under another | 18 | | state's landfill operator certification program.
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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