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Public Act 102-1017


 

Public Act 1017 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1017
 
SB3626 EnrolledLRB102 22745 SPS 31891 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Solid Waste Site Operator Certification Law
is amended by changing Sections 1004, 1005, 1006, 1007, 1009,
1010, and 1011 as follows:
 
    (225 ILCS 230/1004)  (from Ch. 111, par. 7854)
    Sec. 1004. Prohibition. Beginning January 1, 1992, no
person shall cause or allow the operation of a landfill
permitted or required to be permitted by the Agency unless the
landfill has on its operational staff at least one natural
person certified as competent by the Agency under the
provisions of this Act.
    (a) For landfill sites which accept non-hazardous solid
waste other than clean construction or demolition debris, the
landfill shall have a Class A Solid Waste Site Operator
certified by the Agency who is responsible for directing
landfill operations or supervising other operational staff in
performing landfill operations.
    (b) (Blank). For landfill sites which accept only clean
construction or demolition debris, the landfill shall have a
Class A or B Solid Waste Site Operator certified by the Agency
who is responsible for directing landfill operations or
supervising other operational staff in performing landfill
operations.
    (c) For landfill sites which accept special waste, the
landfill shall have a Class A Solid Waste Site Operator
certified by the Agency who has received a certification
endorsement for the acceptance of special waste and who is
responsible for directing landfill operations or supervising
other operational staff in performing landfill operations.
(Source: P.A. 86-1363.)
 
    (225 ILCS 230/1005)  (from Ch. 111, par. 7855)
    Sec. 1005. Agency authority. The Agency is authorized to
exercise the following functions, powers and duties with
respect to solid waste site operator certification:
        (a) To conduct examinations, as well as to approve the
    use of examinations conducted by third parties, to
    ascertain the qualifications of applicants for
    certificates of competency as solid waste site operators;
        (b) To conduct courses of training on the practical
    aspects of the design, operation and maintenance of
    sanitary landfills;
        (c) To issue a certificate to any applicant who has
    satisfactorily met all the requirements pertaining to a
    certificate of competency as a solid waste site operator;
        (d) To suspend, revoke or refuse to issue any
    certificate for any one or any combination of the
    following causes:
            (1) The practice of any fraud or deceit in
        obtaining or attempting to obtain a certificate of
        competency;
            (2) Negligence or misconduct in the operation of a
        sanitary landfill;
            (3) Repeated failure to comply with any of the
        requirements applicable to the operation of a sanitary
        landfill, except for Board requirements applicable to
        the collection of litter;
            (4) Repeated violations of federal, State or local
        laws, regulations, standards, or ordinances regarding
        the operation of refuse disposal facilities or sites;
            (5) For a holder of a certificate, conviction in
        this or another State of any crime which is a felony
        under the laws of this State or conviction of a felony
        in a federal court; for an applicant, consideration of
        such conviction shall be in accordance with Section
        1005-1;
            (6) Proof of gross carelessness or incompetence in
        handling, storing, processing, transporting, or
        disposing of any hazardous waste; or
            (7) Being declared to be a person under a legal
        disability by a court of competent jurisdiction and
        not thereafter having been lawfully declared to be a
        person not under legal disability or to have
        recovered.
        (e) To adopt rules necessary to perform its functions,
    powers, and duties with respect to solid waste site
    operator certifications.
(Source: P.A. 100-286, eff. 1-1-18.)
 
    (225 ILCS 230/1006)  (from Ch. 111, par. 7856)
    Sec. 1006. Certification classifications. Solid Waste Site
Operators shall be certified in accordance with the following
classifications:
    (a) Class "A" Solid Waste Site Operator certificates shall
be issued to those persons who in accordance with the
provisions of this Section demonstrate a practical working
knowledge of the design, operation, and maintenance of
sanitary landfills in the following areas:
        (1) unloading, spreading, and compacting of waste,
    litter collection, and vector abatement;
        (2) traffic control of vehicles delivering waste;
        (3) application, maintenance, and inspection of cover
    and cover requirements under Board rules and Agency
    permits;
        (4) fire control, on-site personnel safety
    requirements, and contingency plan implementation;
        (5) leachate control operation, leachate management,
    and landfill gas management;
        (6) identification of classes of waste;
        (7) causes for revocation or suspension of
    certificates;
        (8) reporting and recordkeeping required by Board and
    Agency regulations and Agency permits;
        (9) financial assurance and groundwater monitoring
    requirements;
        (10) development and implementation of contingency
    plans, closure plans, post closure plans, and corrective
    action; and
        (11) requirements for payment of fees.
    (b) (Blank). Class "B" Solid Waste Operator Certificates
shall be issued to those persons who demonstrate a practical
working knowledge of the design, operation, and maintenance of
landfill sites accepting only clean construction or demolition
debris in the following areas:
        (1) unloading and spreading of waste;
        (2) traffic control of vehicles delivering waste;
        (3) application, maintenance, and inspection of cover
    and cover requirement under Board rules and Agency
    permits;
        (4) fire control, on-site personnel safety segments
    and contingency plan implementation;
        (5) leachate control operation and leachate
    management;
        (6) identification of classes of waste;
        (7) causes for revocation or suspension of
    certificates;
        (8) reporting and recordkeeping required by Board and
    Agency regulations and Agency permits;
        (9) financial assurance and groundwater requirements;
    and
        (10) development and implementation of contingency
    plans, closure plans, post closure plans, and corrective
    action.
    (c) Special waste certificate endorsements shall be issued
to those persons who are certified as Class A Solid Waste Site
Operators in accordance with the provisions of this Section,
and who demonstrate a practical working knowledge of the
design, operation, and maintenance of sanitary landfills
relative to the acceptance and disposal of special wastes.
(Source: P.A. 86-1363.)
 
    (225 ILCS 230/1007)  (from Ch. 111, par. 7857)
    Sec. 1007. Qualifications. Every solid waste site operator
certified by the Agency shall be capable of performing his
duties without endangering the public health or the
environment and without violating the requirements applicable
to operation of sanitary landfills; shall be able to read and
write English; shall produce evidence acceptable to the Agency
as to his ability to maintain and operate properly the
structures and equipment entrusted to his care; and shall
satisfactorily demonstrate to the Agency a practical working
knowledge of the design, operation, and maintenance of
sanitary landfills appropriate to the classification for which
certification is sought. In addition, persons shall be
certified as Class "A" or Class "B" based on level of
competency determined by examination and in accordance with
educational and experience levels as follows:
    (a) Class "A" Certificates.
        (1) Graduation from high school or equivalent and not
    less than 2 years of acceptable study, training, and
    responsible experience in sanitary landfill operation or
    management, or not less than 7 years of acceptable study
    training and responsible experience in operation or
    management of earth moving equipment; or
        (2) Grammar school completion or equivalent and not
    less than 15 years of acceptable study, training, and
    responsible experience in sanitary landfill operation or
    management.
    (b) Class "B" Certificates.
        (1) Graduation from high school or equivalent and not
    less than 6 months of acceptable study, training, and
    responsible experience in sanitary landfill operation or
    management, or not less than 3 years of acceptable study
    training and responsible experience in operation or
    management of earth moving equipment; or
        (2) Grammar school completion or equivalent and not
    less than 5 years of acceptable study, training, and
    responsible experience in sanitary landfill operation or
    management.
(Source: P.A. 86-1363.)
 
    (225 ILCS 230/1009)  (from Ch. 111, par. 7859)
    Sec. 1009. Examinations.
    (a) Applicants shall undergo examinations Examinations
provided or approved by the Agency shall be given to
applicants for the purpose of determining if the applicants
can demonstrate a practical working knowledge of the design,
operation, and maintenance of sanitary landfills appropriate
to the classification for which certification is sought. No
certificate shall be issued prior to successful completion of
the applicable examination.
    (b) Examinations shall be conducted or approved by the
Agency, and shall be held not less frequently than annually.
The Agency shall maintain on its website information regarding
the examinations , at times and places prescribed by the
Agency, of which applicants shall be notified in writing.
(Source: P.A. 86-1363.)
 
    (225 ILCS 230/1010)  (from Ch. 111, par. 7860)
    Sec. 1010. Certificates.
    (a) The Solid Waste Site Operator Certificate shall
certify the competency of the applicant within the class of
the certificate issued, and shall show the full name of the
applicant, have an identifying number, and be signed by the
Director.
    (b) Certificates shall be issued for a period of 3 years,
with the expiration date being 3 years from the first day of
October of the calendar year in which the certificate is
issued.
    (c) Every 3 years, on or before the October 1 expiration, a
certified solid waste site operator shall renew his
certificate of competency and pay the required renewal fee. A
grace period for renewal will be granted until November 1 of
that year before the reinstatement penalty is assessed.
    (d) At the time of certificate renewal, the applicant
shall certify the completion of 15 hours of continuing
education covering the operation of landfills during the
preceding 3 years. Continuing education used to satisfy this
subsection must be approved by the Agency and must cover the
design, operation, and maintenance of sanitary landfills as
set forth in Section 1006 of this Act, and for certificates
that include a special waste endorsement, continuing education
must cover the operation of landfills relative to the
acceptance and disposal of special wastes demonstrate
competency in the same manner as a new applicant.
(Source: P.A. 86-1363.)
 
    (225 ILCS 230/1011)  (from Ch. 111, par. 7861)
    Sec. 1011. Fees.
    (a) Fees for the issuance or renewal of a Solid Waste Site
Operator Certificate shall be as follows:
        (1)(A) $400 for issuance or renewal for Class A Solid
    Waste Site Operators;
        (B) (blank); and $200 for issuance or renewal for
    Class B Solid Waste Site Operators; and
        (C) $100 for issuance or renewal for special waste
    endorsements.
    (2) If the fee for renewal is not paid within the grace
period the above fees for renewal shall each be increased by $
50.
    (b) (Blank). Before the effective date of this amendatory
Act of the 98th General Assembly, all fees collected by the
Agency under this Section shall be deposited into the
Hazardous Waste Occupational Licensing Fund. The Agency is
authorized to use monies in the Hazardous Waste Occupational
Licensing Fund to perform its functions, powers, and duties
under this Section.
    (c) All On and after the effective date of this amendatory
Act of the 98th General Assembly, all fees collected by the
Agency under this Section shall be deposited into the
Environmental Protection Permit and Inspection Fund to be used
in accordance with the provisions of subsection (a) of Section
22.8 of the Environmental Protection Act.
(Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)
 
    Section 10. The Illinois Oil and Gas Act is amended by
changing Sections 1, 8c, 14, and 19.7 and by adding Section 8e
as follows:
 
    (225 ILCS 725/1)  (from Ch. 96 1/2, par. 5401)
    Sec. 1. Unless the context otherwise requires, the words
defined in this Section have the following meanings as used in
this Act.
    "Person" means any natural person, corporation,
association, partnership, governmental agency or other legal
entity, receiver, trustee, guardian, executor, administrator,
fiduciary or representative of any kind.
    "Oil" means natural crude oil or petroleum and other
hydrocarbons, regardless of gravity, which are produced at the
well in liquid form by ordinary production methods or by the
use of an oil and gas separator and which are not the result of
condensation of gas after it leaves the underground reservoir.
    "Gas" means all natural gas, including casinghead gas, and
all other natural hydrocarbons not defined above as oil.
    "Pool" means a natural, underground reservoir containing
in whole or in part, a natural accumulation of oil or gas, or
both. Each productive zone or stratum of a general structure,
which is completely separated from any other zone or stratum
in the structure, is deemed a separate "pool" as used herein.
    "Field" means the same general surface area which is
underlaid or appears to be underlaid by one or more pools.
    "Permit" means the Department's written authorization
allowing a well to be drilled, deepened, converted, or
operated by an owner.
    "Permittee" means the owner holding or required to hold
the permit, and who is also responsible for paying assessments
in accordance with Section 19.7 of this Act and, where
applicable, executing and filing the bond associated with the
well as principal and who is responsible for compliance with
all statutory and regulatory requirements pertaining to the
well.
    When the right and responsibility for operating a well is
vested in a receiver or trustee appointed by a court of
competent jurisdiction, the permit shall be issued to the
receiver or trustee.
    "Orphan Well" means a well for which: (1) no fee
assessment under Section 19.7 of this Act has been paid or no
other bond coverage has been provided for 2 consecutive years;
(2) no oil or gas has been produced from the well or from the
lease or unit on which the well is located for 2 consecutive
years; and (3) no permittee or owner can be identified or
located by the Department. Orphaned wells include wells that
may have been drilled for purposes other than those for which a
permit is required under this Act if the well is a conduit for
oil or salt water intrusions into fresh water zones or onto the
surface which may be caused by oil and gas operations.
    "Owner" means the person who has the right to drill into
and produce from any pool, and to appropriate the production
either for the person or for the person and another, or others,
or solely for others, excluding the mineral owner's royalty if
the right to drill and produce has been granted under an oil
and gas lease. An owner may also be a person granted the right
to drill and operate an injection (Class II UIC) well
independent of the right to drill for and produce oil or gas.
When the right to drill, produce, and appropriate production
is held by more than one person, then all persons holding these
rights may designate the owner by a written operating
agreement or similar written agreement. In the absence of such
an agreement, and subject to the provisions of Sections 22.2
and 23.1 through 23.16 of this Act, the owner shall be the
person designated in writing by a majority in interest of the
persons holding these rights.
    "Department" means the Department of Natural Resources.
    "Director" means the Director of Natural Resources.
    "Mining Board" means the State Mining Board in the
Department of Natural Resources, Office of Mines and Minerals.
    "Mineral Owner's Royalty" means the share of oil and gas
production reserved in an oil and gas lease free of all costs
by an owner of the minerals whether denominated royalty or
overriding royalty.
    "Waste" means "physical waste" as that term is generally
understood in the oil and gas industry, and further includes:
        (1) the locating, drilling, and producing of any oil
    or gas well or wells drilled contrary to the valid order,
    rules and regulations adopted by the Department under the
    provisions of this Act;
        (2) permitting the migration of oil, gas, or water
    from the stratum in which it is found, into other strata,
    thereby ultimately resulting in the loss of recoverable
    oil, gas or both;
        (3) the drowning with water of any stratum or part
    thereof capable of producing oil or gas, except for
    secondary recovery purposes;
        (4) the unreasonable damage to underground, fresh or
    mineral water supply, workable coal seams, or other
    mineral deposits in the operations for the discovery,
    development, production, or handling of oil and gas;
        (5) the unnecessary or excessive surface loss or
    destruction of oil or gas resulting from evaporation,
    seepage, leakage or fire, especially such loss or
    destruction incident to or resulting from the escape of
    gas into the open air in excessive or unreasonable
    amounts, provided, however, it shall not be unlawful for
    the operator or owner of any well producing both oil and
    gas to burn such gas in flares when such gas is, under the
    other provisions of this Act, lawfully produced, and where
    there is no market at the well for such escaping gas; and
    where the same is used for the extraction of casinghead
    gas, it shall not be unlawful for the operator of the plant
    after the process of extraction is completed, to burn such
    residue in flares when there is no market at such plant for
    such residue gas;
        (6) permitting unnecessary fire hazards;
        (7) permitting unnecessary damage to or destruction of
    the surface, soil, animal, fish or aquatic life or
    property from oil or gas operations.
    "Drilling Unit" means the surface area allocated by an
order or regulation of the Department to the drilling of a
single well for the production of oil or gas from an individual
pool.
    "Enhanced Recovery Method" means any method used in an
effort to recover hydrocarbons from a pool by injection of
fluids, gases or other substances to maintain, restore or
augment natural reservoir energy, or by introducing immiscible
or miscible gases, chemicals, other substances or heat or by
in-situ combustion, or by any combination thereof.
    "Well-Site Equipment" means any production-related
equipment or materials specific to the well, including motors,
pumps, pump jacks, tanks, tank batteries, separators,
compressors, casing, tubing, and rods.
    "Temporary abandonment status" means a well that has
received an authorization for temporary abandonment status
from the Department.
(Source: P.A. 99-78, eff. 7-20-15.)
 
    (225 ILCS 725/8c)  (from Ch. 96 1/2, par. 5414.1)
    Sec. 8c. (a) No person shall operate a liquid oil field
waste transportation system without a liquid oil field waste
transportation permit. The liquid oil field waste transporter
assumes legal responsibility for the liquid oil field waste
when it first enters the liquid oil field waste transportation
system, until it is disposed of in a manner authorized and
approved by the Department.
    (b) No person shall engage, employ or contract with any
other person except a permittee under this Section, to remove
liquid oil field waste from his premises.
    (c) Every person who engages, employs or contracts with
any other person to remove liquid oil field waste from his
premises shall maintain detailed records of all such liquid
oil field waste removal effectuated on forms provided by the
Department and shall submit such information in such detail
and with such frequency, as the Department may require.
    (d) Before engaging in the business of removing liquid oil
field waste from the on-site collection point, a person shall
apply for and obtain a permit from the Department. The
application shall be accompanied by a permit fee of $150 $100
and by a surety bond covering the period and any renewal
thereof for which the permit is issued by a surety company
registered in the State, to indemnify the Department for the
abatement of pollution of waters which result from any
improper disposal of liquid oil field waste by the permittee.
The bonds shall be $10,000. The Department shall be the
obligee and the bond shall be for the benefit and purpose to
indemnify the State for the elimination of harmful or nuisance
conditions and for the abatement of any pollution of waters
which result from the improper disposal of liquid oil field
waste by the permittee.
    In lieu of the surety bond, the applicant may provide
cash, certificates of deposit, or irrevocable letters of
credit under such terms and conditions as the Department may
provide by rule.
    The surety of any bond posted for the issuance of a liquid
oil field waste transportation permit, upon 30 days notice in
writing to the Department and to the permittee, may cancel any
such bond, but such cancellation shall not affect any rights
which shall have accrued on the bond before the effective date
of the cancellation.
    (e) If the Department, after such investigation as it
deems necessary, is satisfied that the applicant has the
qualifications, experience, reputation, and equipment to
perform the services in a manner not detrimental to the public
interest, in a way that will not cause unlawful pollution of
the waters of the State and meets the bonding requirements of
subsection (d), it shall issue a permit to the applicant.
    (f) (1) All trucks or other vehicles used to transport or
    carry liquid oil field waste shall carry a permit issued
    by the Department for inspection by its representative or
    any law enforcement agent. The application for the vehicle
    permit shall state the make, model and year of the vehicle
    as well as the capacity of the tank used in transporting
    liquid oil field waste and such other information as the
    Department requires. Each application shall be accompanied
    by a biennial permit fee of $150 $100 for each vehicle
    sought to be licensed, payable to the State, and if the
    Department, after such investigation as it deems
    necessary, finds the truck or vehicle and equipment is
    proper and adequate for the purpose, it shall issue a
    permit for the use of the vehicle. The permit is not
    transferable from one vehicle to another. The vehicle
    permit number shall be printed on a decal furnished by the
    Department which shall designate the years for which the
    permit was issued. This decal shall be affixed to the
    upper right hand corner of the inside of the windshield.
        (2) All vehicle permits shall be valid for 2 years.
    Application for renewal of a permit must be made 30 days
    prior to the expiration date of the permit. The fee for
    renewal shall be the same as for the original permit.
    (g) (1) The tank shall be kept tightly closed in transit,
    to prevent the escape of contents.
        (2) The permittee shall dispose of all liquid oil
    field waste in conformance with the provisions of this
    Section.
        (3) The permittee shall not dispose of liquid oil
    field waste onto or into the ground except at locations
    specifically approved and permitted by the Department. No
    liquid oil field waste shall be placed in a location where
    it could enter any public or private drain, pond, stream
    or other body of surface or ground water.
    (h) Any person who violates or refuses to comply with any
of the provisions of this Section shall be subject to the
provisions of Sections 8a and 19.1 of this Act. In addition,
any person who gathers, handles, transports, or disposes of
liquid oil field waste without a liquid oil field waste
transportation permit or utilizes the services of an
unpermitted person shall upon conviction thereof by a court of
competent jurisdiction be fined not less than $2,000 for a
violation and costs of prosecution, and in default of payment
of fine and costs, imprisoned for not less than 10 days nor
more than 30 days. When the violation is of a continuing
nature, each day upon which a violation occurs is a separate
offense.
    (i) For the purposes of this Section:
        (1) "Liquid oil field waste" means oil field brines,
    tank and pit bottom sediments, and drilling and completion
    fluids, to the extent those wastes are now or hereafter
    exempt from the provisions of Subtitle C of the federal
    Resource Conservation and Recovery Act of 1976.
        (2) "Liquid oil field waste transportation system"
    means all trucks and other motor vehicles used to gather,
    handle or transport liquid oil field waste from the point
    of any surface on-site collection to any subsequent
    off-site storage, utilization or disposal.
(Source: P.A. 87-744.)
 
    (225 ILCS 725/8e new)
    Sec. 8e. Temporary abandonment status fees.
    (a) The Department shall assess and collect annual fees of
$100 per well for each well that is in temporary abandonment
status.
    (b) All annual fees collected pursuant to subsection (a)
shall be deposited as follows:
        (1) one-half of all such fees shall be placed in the
    Plugging and Restoration Fund; and
        (2) one-half of all such fees shall be placed in the
    Landowner Grant Program.
 
    (225 ILCS 725/14)  (from Ch. 96 1/2, par. 5420)
    Sec. 14. Each application for a permit to drill, deepen,
convert, or amend shall be accompanied by the required fee of
$400 , not to exceed $300, which the Department shall establish
by rule. The fee for an application for a permit to oil lease
road shall be $150. A fee of $75 for the first 100 wells and
$50 for each well in excess of 100 of $50 per well shall be
paid by the new owner for each transfer of well ownership.
Except for the assessments required to be deposited in the
Plugging and Restoration Fund under Section 19.7 of this Act
and any other deposits required to be deposited in the
Plugging and Restoration Fund under this Act, all fees
assessed and collected under this Act shall be deposited in
the Underground Resources Conservation Enforcement Fund. The
monies deposited into the Plugging and Restoration Fund or the
Underground Resources Conservation Enforcement Fund under this
Section shall not be subject to administrative charges or
chargebacks unless otherwise authorized by this Act.
    On and after July 1, 2022, any fees that are created by or
increased by this amendatory Act of the 102nd General Assembly
in this Section shall be deposited into the Plugging and
Restoration Fund.
(Source: P.A. 97-1136, eff. 1-1-13.)
 
    (225 ILCS 725/19.7)  (from Ch. 96 1/2, par. 5430.2)
    Sec. 19.7. The Department shall assess and collect annual
well fees from each permittee in the amount of $100 $75 per
well for the first 100 wells and a $75 $50 fee for each well in
excess of 100 for which a permit is required under this Act.
    Fees shall be assessed for each calendar year commencing
in 1991 for all wells of record as of July 1, 1991 and July 1
of each year thereafter. The fees assessed by the Department
under this Section are in addition to any other fees required
by law. All fees assessed under this Section shall be
submitted to the Department no later than 30 days from the date
listed on the annual fee assessment letter sent to the
permittee. Of the fees assessed and collected by the
Department each year under this Section, 50% shall be
deposited into the Underground Resources Conservation
Enforcement Fund, and 50% shall be deposited into the Plugging
and Restoration Fund unless, total fees assessed and collected
for any calendar year exceed $1,500,000; then, $750,000 shall
be deposited into the Underground Resources Conservation
Enforcement Fund and the balance of the fees assessed and
collected shall be deposited into the Plugging and Restoration
Fund. Upon request of the Department to the Comptroller and
Treasurer, the Comptroller and Treasurer shall make any
interfund transfers necessary to effect the allocations
required by this Section.
    The monies deposited into the Plugging and Restoration
Fund or the Underground Resources Conservation Enforcement
Fund under this Section shall not be subject to administrative
charges or chargebacks unless otherwise authorized by this
Act.
(Source: P.A. 97-1136, eff. 1-1-13.)

Effective Date: 1/1/2023