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90_HB2166
30 ILCS 105/5.449 new
415 ILCS 5/9.5 from Ch. 111 1/2, par. 1009.5
Amends the Environmental Protection Act to impose a fee
on facilities that emit toxic air pollutants of 5 cents per
pound of toxic air pollutants emitted. Provides that the fees
shall be deposited into the Toxic Air Pollution Reduction
Fund. Moneys in the Fund shall be used for the Air Pollution
Control Division, the Hazardous Waste Research and
Information Center, activities under the Illinois Health and
Hazardous Substances Registry Act, grants to the Illinois
Cancer Society, and costs of collecting the fee. Imposes
penalties for violations. Amends the State Finance Act to
create the Toxic Air Pollution Reduction Fund. Effective
immediately.
LRB9004803DPcc
LRB9004803DPcc
1 AN ACT in relation to environmental protection, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Finance Act is amended by adding
6 Section 5.449 as follows:
7 (30 ILCS 105/5.449 new)
8 Sec. 5.449. The Toxic Air Pollution Reduction Fund.
9 Section 10. The Environmental Protection Act is amended
10 by changing Section 9.5 as follows:
11 (415 ILCS 5/9.5) (from Ch. 111 1/2, par. 1009.5)
12 Sec. 9.5. Toxic air contaminants; rules; fees.
13 (a) The General Assembly finds that:
14 (1) The public health and welfare may be endangered
15 by the release of toxic contaminants into the air which
16 are carcinogenic, teratogenic, mutagenic, or otherwise
17 injurious to humans or the environment.
18 (2) Existing federal programs may not be adequate
19 to protect the public and the environment from low-level,
20 chronic exposure to toxic air contaminants.
21 (b) It is the purpose of this Section to establish a
22 State program to identify and adopt rules regulations for
23 toxic air contaminants in Illinois and to impose fees on
24 facilities that emit toxic air contaminants.
25 (c) The Board, under pursuant to Title VII, shall
26 promulgate a list of toxic air contaminants. The list
27 published under this subsection shall include any air
28 contaminant that which may cause or significantly contribute
29 to an increase in mortality or an increase in serious
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1 irreversible or incapacitating reversible illness, or may
2 pose a significant threat to human health or the environment.
3 The Agency shall propose to the Board for adoption a list
4 which meets the requirement of this subsection.
5 The provisions of subsection (b) of Section 27 of this
6 Act shall not apply to rulemakings under this subsection (c).
7 (d) Beginning July 1, 1997, the owner or operator of
8 each facility subject to the requirements of Section 313 of
9 the federal Superfund Amendments and Reauthorization Act of
10 1986 (P.L. 99-499) shall pay to the Agency a toxic air
11 contaminant emission fee equal to $0.05 for each pound of
12 toxic air contaminants, as listed under subsection (c) of
13 this Section and in subsection (c) of Section 313 of the
14 Superfund Amendments and Reauthorization Act of 1986 (42
15 U.S.C. 11023), emitted into the air by the facility.
16 The Agency shall collect the fee not less often than
17 annually and may impose reporting requirements and collection
18 procedures that it considers necessary or appropriate.
19 All fees collected under this Section shall be deposited
20 into the Toxic Air Pollution Reduction Fund, which is created
21 as a special fund in the State Treasury. Moneys in the Fund
22 shall be allocated and used, subject to appropriation, as
23 follows:
24 (1) 33% to the Agency for the use of the Air
25 Pollution Control Division;
26 (2) 33% to the Department for the use of the
27 Hazardous Waste Research Waste Research and Information
28 Center;
29 (3) 33% to the Illinois Department of Public Health
30 to support (i) its activities under the Illinois Health
31 and Hazardous Substances Registry Act and (ii) grants to
32 the Illinois Cancer Society; and
33 (4) 1% to the Agency for the costs of collection,
34 administration, and enforcement of the fees imposed by
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1 this Section.
2 (e) (1) A person who fails to comply with the reporting
3 requirements established by the Agency under this Section
4 shall be subject to a civil penalty of up to $100 for
5 each day the violation continues.
6 (2) A person who fails to pay the fee required
7 under this Section shall be subject to a civil penalty of
8 up to $100 for each day the violation continues.
9 (3) Civil penalties imposed under this Section
10 shall be collected in the same manner as other civil
11 penalties imposed under this Act, but shall be deposited
12 into the Toxic Air Pollution Reduction Fund.
13 (4) A person who knowingly provides fraudulent or
14 misleading information to the Agency relating to a fee
15 imposed under this Section or to a matter required to be
16 reported under this Act is guilty of a Class 4 felony.
17 (f) The Agency may adopt rules and procedures as
18 necessary or useful for the administration of this Section.
19 (d) The Board, pursuant to Title VII, shall adopt
20 regulations establishing a program to control toxic
21 contaminants released into the air in a manner that protects
22 the public health and the environment. The Agency shall
23 propose regulations to the Board for adoption which meet the
24 requirements of this subsection.
25 (g) (e) The requirements of this Section shall not apply
26 to the following:
27 (1) retail dry cleaning operations;
28 (2) retail and noncommercial storage and handling
29 of motor fuels;
30 (3) combustion processes using only commercial
31 fuel, including internal combustion engines;
32 (4) incidental or minor sources including
33 laboratory-scale operations, and such other sources or
34 categories of sources which are determined by the Board
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1 to be of minor significance.
2 (Source: P.A. 85-752.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.