Full Text of HB3783 102nd General Assembly
HB3783enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 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 ; or . | 8 | | (4) construct, install, modify, or close a CCR surface
| 9 | | impoundment in accordance with a permit issued under this
| 10 | | Act without certifying to the Agency that all contractors, | 11 | | subcontractors, and installers utilized to construct, | 12 | | install, modify, or close a CCR surface impoundment are | 13 | | participants in: | 14 | | (A) a training program that is approved by and
| 15 | | registered with the United States Department of
| 16 | | Labor's Employment and Training Administration and
| 17 | | that includes instruction in erosion control and
| 18 | | environmental remediation; and | 19 | | (B) a training program that is approved by and
| 20 | | registered with the United States Department of
| 21 | | Labor's Employment and Training Administration and
| 22 | | that includes instruction in the operation of heavy
| 23 | | equipment and excavation. | 24 | | Nothing in this paragraph (4) shall be construed to | 25 | | require providers of construction-related professional | 26 | | services to participate in a training program approved by |
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| 1 | | and registered with the United States Department of | 2 | | Labor's Employment and Training Administration. | 3 | | In this paragraph (4), "construction-related | 4 | | professional services" includes, but is
not limited to, | 5 | | those services within the scope of: (i) the
practice of | 6 | | architecture as regulated under the
Illinois Architecture | 7 | | Practice Act of 1989; (ii) professional
engineering as | 8 | | defined in Section 4 of the Professional
Engineering | 9 | | Practice Act of 1989; (iii) the practice of a structural
| 10 | | engineer as defined in Section 4 of the Structural | 11 | | Engineering Practice Act of
1989; or (iv) land surveying | 12 | | under the Illinois Professional Land
Surveyor Act of 1989. | 13 | | (c) For purposes of this Section, a permit issued by the | 14 | | Administrator of the United States Environmental Protection | 15 | | Agency under Section 4005 of the federal Resource Conservation | 16 | | and Recovery Act, shall be deemed to be a permit under this | 17 | | Section and subsection (y) of Section 39. | 18 | | (d) Before commencing closure of a CCR surface | 19 | | impoundment, in accordance with Board rules, the owner of a | 20 | | CCR surface impoundment must submit to the Agency for approval | 21 | | a closure alternatives analysis that analyzes all closure | 22 | | methods being considered and that otherwise satisfies all | 23 | | closure requirements adopted by the Board under this Act. | 24 | | Complete removal of CCR, as specified by the Board's rules, | 25 | | from the CCR surface impoundment must be considered and | 26 | | analyzed. Section 3.405 does not apply to the Board's rules |
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| 1 | | specifying complete removal of CCR. The selected closure | 2 | | method must ensure compliance with regulations adopted by the | 3 | | Board pursuant to this Section. | 4 | | (e) Owners or operators of CCR surface impoundments who | 5 | | have submitted a closure plan to the Agency before May 1, 2019, | 6 | | and who have completed closure prior to 24 months after July | 7 | | 30, 2019 ( the effective date of Public Act 101-171) this | 8 | | amendatory Act of the 101st General Assembly shall not be | 9 | | required to obtain a construction permit for the surface | 10 | | impoundment closure under this Section. | 11 | | (f) Except for the State, its agencies and institutions, a | 12 | | unit of local government, or not-for-profit electric | 13 | | cooperative as defined in Section 3.4 of the Electric Supplier | 14 | | Act, any person who owns or operates a CCR surface impoundment | 15 | | in this State shall post with the Agency a performance bond or | 16 | | other security for the purpose of: (i) ensuring closure of the | 17 | | CCR surface impoundment and post-closure care in accordance | 18 | | with this Act and its rules; and (ii) ensuring insuring | 19 | | remediation of releases from the CCR surface impoundment. The | 20 | | only acceptable forms of financial assurance are: a trust | 21 | | fund, a surety bond guaranteeing payment, a surety bond | 22 | | guaranteeing performance, or an irrevocable letter of credit. | 23 | | (1) The cost estimate for the post-closure care of a | 24 | | CCR surface impoundment shall be calculated using a | 25 | | 30-year post-closure care period or such longer period as | 26 | | may be approved by the Agency under Board or federal |
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| 1 | | rules. | 2 | | (2) The Agency is authorized to enter into such | 3 | | contracts and agreements as it may deem necessary to carry | 4 | | out the purposes of this Section. Neither the State, nor | 5 | | the Director, nor any State employee shall be liable for | 6 | | any damages or injuries arising out of or resulting from | 7 | | any action taken under this Section. | 8 | | (3) The Agency shall have the authority to approve or | 9 | | disapprove any performance bond or other security posted | 10 | | under this subsection. Any person whose performance bond | 11 | | or other security is disapproved by the Agency may contest | 12 | | the disapproval as a permit denial appeal pursuant to | 13 | | Section 40. | 14 | | (g) The Board shall adopt rules establishing construction | 15 | | permit requirements, operating permit requirements, design | 16 | | standards, reporting, financial assurance, and closure and | 17 | | post-closure care requirements for CCR surface impoundments. | 18 | | Not later than 8 months after July 30, 2019 ( the effective date | 19 | | of Public Act 101-171) this amendatory Act of the 101st | 20 | | General Assembly the Agency shall propose, and not later than | 21 | | one year after receipt of the Agency's proposal the Board | 22 | | shall adopt, rules under this Section. The rules must, at a | 23 | | minimum: | 24 | | (1) be at least as protective and comprehensive as the | 25 | | federal regulations or amendments thereto promulgated by | 26 | | the Administrator of the United States Environmental |
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| 1 | | Protection Agency in Subpart D of 40 CFR 257 governing CCR | 2 | | surface impoundments; | 3 | | (2) specify the minimum contents of CCR surface | 4 | | impoundment construction and operating permit | 5 | | applications, including the closure alternatives analysis | 6 | | required under subsection (d); | 7 | | (3) specify which types of permits include | 8 | | requirements for closure, post-closure, remediation and | 9 | | all other requirements applicable to CCR surface | 10 | | impoundments; | 11 | | (4) specify when permit applications for existing CCR | 12 | | surface impoundments must be submitted, taking into | 13 | | consideration whether the CCR surface impoundment must | 14 | | close under the RCRA; | 15 | | (5) specify standards for review and approval by the | 16 | | Agency of CCR surface impoundment permit applications; | 17 | | (6) specify meaningful public participation procedures | 18 | | for the issuance of CCR surface impoundment construction | 19 | | and operating permits, including, but not limited to, | 20 | | public notice of the submission of permit applications, an | 21 | | opportunity for the submission of public comments, an | 22 | | opportunity for a public hearing prior to permit issuance, | 23 | | and a summary and response of the comments prepared by the | 24 | | Agency; | 25 | | (7) prescribe the type and amount of the performance | 26 | | bonds or other securities required under subsection (f), |
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| 1 | | and the conditions under which the State is entitled to | 2 | | collect moneys from such performance bonds or other | 3 | | securities; | 4 | | (8) specify a procedure to identify areas of | 5 | | environmental justice concern in relation to CCR surface | 6 | | impoundments; | 7 | | (9) specify a method to prioritize CCR surface | 8 | | impoundments required to close under RCRA if not otherwise | 9 | | specified by the United States Environmental Protection | 10 | | Agency, so that the CCR surface impoundments with the | 11 | | highest risk to public health and the environment, and | 12 | | areas of environmental justice concern are given first | 13 | | priority; | 14 | | (10) define when complete removal of CCR is achieved | 15 | | and specify the standards for responsible removal of CCR | 16 | | from CCR surface impoundments, including, but not limited | 17 | | to, dust controls and the protection of adjacent surface | 18 | | water and groundwater; and | 19 | | (11) describe the process and standards for | 20 | | identifying a specific alternative source of groundwater | 21 | | pollution when the owner or operator of the CCR surface | 22 | | impoundment believes that groundwater contamination on the | 23 | | site is not from the CCR surface impoundment. | 24 | | (h) Any owner of a CCR surface impoundment that generates | 25 | | CCR and sells or otherwise provides coal combustion byproducts | 26 | | pursuant to Section 3.135 shall, every 12 months, post on its |
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| 1 | | publicly available website a report specifying the volume or | 2 | | weight of CCR, in cubic yards or tons, that it sold or provided | 3 | | during the past 12 months. | 4 | | (i) The owner of a CCR surface impoundment shall post all | 5 | | closure plans, permit applications, and supporting | 6 | | documentation, as well as any Agency approval of the plans or | 7 | | applications on its publicly available website. | 8 | | (j) The owner or operator of a CCR surface impoundment | 9 | | shall pay the following fees: | 10 | | (1) An initial fee to the Agency within 6 months after | 11 | | July 30, 2019 ( the effective date of Public Act 101-171) | 12 | | this amendatory Act of the 101st General Assembly of: | 13 | | $50,000 for each closed CCR surface impoundment; | 14 | | and | 15 | | $75,000 for each CCR surface impoundment that have | 16 | | not completed closure. | 17 | | (2) Annual fees to the Agency, beginning on July 1, | 18 | | 2020, of: | 19 | | $25,000 for each CCR surface impoundment that has | 20 | | not completed closure; and | 21 | | $15,000 for each CCR surface impoundment that has | 22 | | completed closure, but has not completed post-closure | 23 | | care. | 24 | | (k) All fees collected by the Agency under subsection (j) | 25 | | shall be deposited into the Environmental Protection Permit | 26 | | and Inspection Fund. |
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| 1 | | (l) The Coal Combustion Residual Surface Impoundment | 2 | | Financial Assurance Fund is created as a special fund in the | 3 | | State treasury. Any moneys forfeited to the State of Illinois | 4 | | from any performance bond or other security required under | 5 | | this Section shall be placed in the Coal Combustion Residual | 6 | | Surface Impoundment Financial Assurance Fund and shall, upon | 7 | | approval by the Governor and the Director, be used by the | 8 | | Agency for the purposes for which such performance bond or | 9 | | other security was issued. The Coal Combustion Residual | 10 | | Surface Impoundment Financial Assurance Fund is not subject to | 11 | | the provisions of subsection (c) of Section 5 of the State | 12 | | Finance Act. | 13 | | (m) The provisions of this Section shall apply, without | 14 | | limitation, to all existing CCR surface impoundments and any | 15 | | CCR surface impoundments constructed after July 30, 2019 ( the | 16 | | effective date of Public Act 101-171) this amendatory Act of | 17 | | the 101st General Assembly , except to the extent prohibited by | 18 | | the Illinois or United States Constitutions.
| 19 | | (Source: P.A. 101-171, eff. 7-30-19; revised 10-22-19.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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