Sen. Chapin Rose

Filed: 3/15/2013

 

 


 

 


 
09800SB1868sam003LRB098 10672 JDS 43020 a

1
AMENDMENT TO SENATE BILL 1868

2    AMENDMENT NO. ______. Amend Senate Bill 1868, AS AMENDED,
3with reference to page and line numbers of Senate Amendment No.
41, as follows:
 
5on page 1, line 5, by replacing "Section 39" with "Sections
621.1 and 39"; and
 
7on page 1, immediately below line 5, by inserting the
8following:
 
9    "(415 ILCS 5/21.1)  (from Ch. 111 1/2, par. 1021.1)
10    Sec. 21.1. (a) Except as provided in subsection (a.5), no
11person other than the State of Illinois, its agencies and
12institutions, or a unit of local government shall own or
13operate a MSWLF unit or other waste disposal operation on or
14after March 1, 1985, which requires a permit under subsection
15(d) of Section 21 of this Act, unless such person has posted

 

 

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1with the Agency a performance bond or other security for the
2purpose of insuring closure of the site and post-closure care
3in accordance with this Act and regulations adopted thereunder.
4    (a.5) On and after the effective date established by the
5United States Environmental Protection Agency for MSWLF units
6to provide financial assurance under Subtitle D of the Resource
7Conservation and Recovery Act, no person, other than the State
8of Illinois, its agencies and institutions, shall own or
9operate a MSWLF unit that requires a permit under subsection
10(d) of Section 21 of this Act, unless that person has posted
11with the Agency a performance bond or other security for the
12purposes of:
13        (1) insuring closure of the site and post-closure care
14    in accordance with this Act and its rules; and
15        (2) insuring completion of a corrective action remedy
16    when required by Board rules adopted under Section 22.40 of
17    this Act or when required by Section 22.41 of this Act.
18    The performance bond or other security requirement set
19forth in this Section may be fulfilled by closure or
20post-closure insurance, or both, issued by an insurer licensed
21to transact the business of insurance by the Department of
22Insurance or at a minimum the insurer must be licensed to
23transact the business of insurance or approved to provide
24insurance as an excess or surplus lines insurer by the
25insurance department in one or more states.
26    (a.6) Beginning on the effective date of this amendatory

 

 

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1Act of the 98th General Assembly, no person shall own or
2operate any site or facility for the treatment, storage, or
3disposal of polychlorinated biphenyls (PCBs) or PCB Items
4regulated under Subpart D of 40 C.F.R. 761, unless that person
5has established a perpetual trust for the care and closure of
6that site or facility. As soon as practicable after the
7effective date of this amendatory Act of the 98th General
8Assembly, the Agency shall adopt rules setting forth the
9requirements that are applicable to trusts required under this
10Section.
11    (b) On or before January 1, 1985, the Board shall adopt
12regulations to promote the purposes of this Section. Without
13limiting the generality of this authority, such regulations
14may, among other things, prescribe the type and amount of the
15performance bonds or other securities required under
16subsections (a) and (a.5) of this Section, and the conditions
17under which the State is entitled to collect monies from such
18performance bonds or other securities. The bond amount shall be
19directly related to the design and volume of the site. The cost
20estimate for the post-closure care of a MSWLF unit shall be
21calculated using a 30 year post-closure care period or such
22other period as may be approved by the Agency under Board or
23federal rules. On and after the effective date established by
24the United States Environmental Protection Agency for MSWLF
25units to provide financial assurance under Subtitle D of the
26Resource Conservation and Recovery Act, closure, post-closure

 

 

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1care, and corrective action cost estimates for MSWLF units
2shall be in current dollars.
3    (c) There is hereby created within the State Treasury a
4special fund to be known as the "Landfill Closure and
5Post-Closure Fund". Any monies forfeited to the State of
6Illinois from any performance bond or other security required
7under this Section shall be placed in the "Landfill Closure and
8Post-Closure Fund" and shall, upon approval by the Governor and
9the Director, be used by and under the direction of the Agency
10for the purposes for which such performance bond or other
11security was issued. The Landfill Closure and Post-Closure Fund
12is not subject to the provisions of subsection (c) of Section 5
13of the State Finance Act.
14    (d) The Agency is authorized to enter into such contracts
15and agreements as it may deem necessary to carry out the
16purposes of this Section. Neither the State, nor the Director,
17nor any State employee shall be liable for any damages or
18injuries arising out of or resulting from any action taken
19under this Section.
20    (e) The Agency shall have the authority to approve or
21disapprove any performance bond or other security posted
22pursuant to subsection (a) or (a.5) of this Section. Any person
23whose performance bond or other security is disapproved by the
24Agency may contest the disapproval as a permit denial appeal
25pursuant to Section 40 of this Act.
26    (f) The Agency may establish such procedures as it may deem

 

 

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1necessary for the purpose of implementing and executing its
2responsibilities under this Section.
3    (g) Nothing in this Section shall bar a cause of action by
4the State for any other penalty or relief provided by this Act
5or any other law.
6(Source: P.A. 97-887, eff. 8-2-12.)".