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ENVIRONMENTAL SAFETY
(415 ILCS 5/) Environmental Protection Act.

415 ILCS 5/22.59

    (415 ILCS 5/22.59)
    Sec. 22.59. CCR surface impoundments.
    (a) The General Assembly finds that:
        (1) the State of Illinois has a long-standing policy
    
to restore, protect, and enhance the environment, including the purity of the air, land, and waters, including groundwaters, of this State;
        (2) a clean environment is essential to the growth
    
and well-being of this State;
        (3) CCR generated by the electric generating industry
    
has caused groundwater contamination and other forms of pollution at active and inactive plants throughout this State;
        (4) environmental laws should be supplemented to
    
ensure consistent, responsible regulation of all existing CCR surface impoundments; and
        (5) meaningful participation of State residents,
    
especially vulnerable populations who may be affected by regulatory actions, is critical to ensure that environmental justice considerations are incorporated in the development of, decision-making related to, and implementation of environmental laws and rulemaking that protects and improves the well-being of communities in this State that bear disproportionate burdens imposed by environmental pollution.
    Therefore, the purpose of this Section is to promote a healthful environment, including clean water, air, and land, meaningful public involvement, and the responsible disposal and storage of coal combustion residuals, so as to protect public health and to prevent pollution of the environment of this State.
    The provisions of this Section shall be liberally construed to carry out the purposes of this Section.
    (b) No person shall:
        (1) cause or allow the discharge of any contaminants
    
from a CCR surface impoundment into the environment so as to cause, directly or indirectly, a violation of this Section or any regulations or standards adopted by the Board under this Section, either alone or in combination with contaminants from other sources;
        (2) construct, install, modify, operate, or close any
    
CCR surface impoundment without a permit granted by the Agency, or so as to violate any conditions imposed by such permit, any provision of this Section or any regulations or standards adopted by the Board under this Section;
        (3) cause or allow, directly or indirectly, the
    
discharge, deposit, injection, dumping, spilling, leaking, or placing of any CCR upon the land in a place and manner so as to cause or tend to cause a violation of this Section or any regulations or standards adopted by the Board under this Section; or
        (4) construct, install, modify, or close a CCR
    
surface impoundment in accordance with a permit issued under this Act without certifying to the Agency that all contractors, subcontractors, and installers utilized to construct, install, modify, or close a CCR surface impoundment are participants in:
            (A) a training program that is approved by and
        
registered with the United States Department of Labor's Employment and Training Administration and that includes instruction in erosion control and environmental remediation; and
            (B) a training program that is approved by and
        
registered with the United States Department of Labor's Employment and Training Administration and that includes instruction in the operation of heavy equipment and excavation.
        Nothing in this paragraph (4) shall be construed to
    
require providers of construction-related professional services to participate in a training program approved by and registered with the United States Department of Labor's Employment and Training Administration.
        In this paragraph (4), "construction-related
    
professional services" includes, but is not limited to, those services within the scope of: (i) the practice of architecture as regulated under the Illinois Architecture Practice Act of 1989; (ii) professional engineering as defined in Section 4 of the Professional Engineering Practice Act of 1989; (iii) the practice of a structural engineer as defined in Section 4 of the Structural Engineering Practice Act of 1989; or (iv) land surveying under the Illinois Professional Land Surveyor Act of 1989.
    (c) (Blank).
    (d) Before commencing closure of a CCR surface impoundment, in accordance with Board rules, the owner of a CCR surface impoundment must submit to the Agency for approval a closure alternatives analysis that analyzes all closure methods being considered and that otherwise satisfies all closure requirements adopted by the Board under this Act. Complete removal of CCR, as specified by the Board's rules, from the CCR surface impoundment must be considered and analyzed. Section 3.405 does not apply to the Board's rules specifying complete removal of CCR. The selected closure method must ensure compliance with regulations adopted by the Board pursuant to this Section.
    (e) Owners or operators of CCR surface impoundments who have submitted a closure plan to the Agency before May 1, 2019, and who have completed closure prior to 24 months after July 30, 2019 (the effective date of Public Act 101-171) shall not be required to obtain a construction permit for the surface impoundment closure under this Section.
    (f) Except for the State, its agencies and institutions, a unit of local government, or a not-for-profit electric cooperative as defined in Section 3.4 of the Electric Supplier Act, any person who owns or operates a CCR surface impoundment in this State shall post with the Agency a performance bond or other security for the purpose of: (i) ensuring closure of the CCR surface impoundment and post-closure care in accordance with this Act and its rules; and (ii) ensuring remediation of releases from the CCR surface impoundment. The only acceptable forms of financial assurance are: a trust fund, a surety bond guaranteeing payment, a surety bond guaranteeing performance, or an irrevocable letter of credit.
        (1) The cost estimate for the post-closure care of a
    
CCR surface impoundment shall be calculated using a 30-year post-closure care period or such longer period as may be approved by the Agency under Board or federal rules.
        (2) The Agency is authorized to enter into such
    
contracts and agreements as it may deem necessary to carry out the purposes of this Section. Neither the State, nor the Director, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under this Section.
        (3) The Agency shall have the authority to approve or
    
disapprove any performance bond or other security posted under this subsection. Any person whose performance bond or other security is disapproved by the Agency may contest the disapproval as a permit denial appeal pursuant to Section 40.
    (g) The Board shall adopt rules establishing construction permit requirements, operating permit requirements, design standards, reporting, financial assurance, and closure and post-closure care requirements for CCR surface impoundments. Not later than 8 months after July 30, 2019 (the effective date of Public Act 101-171) the Agency shall propose, and not later than one year after receipt of the Agency's proposal the Board shall adopt, rules under this Section. The Board shall not be deemed in noncompliance with the rulemaking deadline due to delays in adopting rules as a result of the Joint Committee on Administrative Rules oversight process. The rules must, at a minimum:
        (1) be at least as protective and comprehensive as
    
the federal regulations or amendments thereto promulgated by the Administrator of the United States Environmental Protection Agency in Subpart D of 40 CFR 257 governing CCR surface impoundments;
        (2) specify the minimum contents of CCR surface
    
impoundment construction and operating permit applications, including the closure alternatives analysis required under subsection (d);
        (3) specify which types of permits include
    
requirements for closure, post-closure, remediation and all other requirements applicable to CCR surface impoundments;
        (4) specify when permit applications for existing CCR
    
surface impoundments must be submitted, taking into consideration whether the CCR surface impoundment must close under the RCRA;
        (5) specify standards for review and approval by the
    
Agency of CCR surface impoundment permit applications;
        (6) specify meaningful public participation
    
procedures for the issuance of CCR surface impoundment construction and operating permits, including, but not limited to, public notice of the submission of permit applications, an opportunity for the submission of public comments, an opportunity for a public hearing prior to permit issuance, and a summary and response of the comments prepared by the Agency;
        (7) prescribe the type and amount of the performance
    
bonds or other securities required under subsection (f), and the conditions under which the State is entitled to collect moneys from such performance bonds or other securities;
        (8) specify a procedure to identify areas of
    
environmental justice concern in relation to CCR surface impoundments;
        (9) specify a method to prioritize CCR surface
    
impoundments required to close under RCRA if not otherwise specified by the United States Environmental Protection Agency, so that the CCR surface impoundments with the highest risk to public health and the environment, and areas of environmental justice concern are given first priority;
        (10) define when complete removal of CCR is achieved
    
and specify the standards for responsible removal of CCR from CCR surface impoundments, including, but not limited to, dust controls and the protection of adjacent surface water and groundwater; and
        (11) describe the process and standards for
    
identifying a specific alternative source of groundwater pollution when the owner or operator of the CCR surface impoundment believes that groundwater contamination on the site is not from the CCR surface impoundment.
    (h) Any owner of a CCR surface impoundment that generates CCR and sells or otherwise provides coal combustion byproducts pursuant to Section 3.135 shall, every 12 months, post on its publicly available website a report specifying the volume or weight of CCR, in cubic yards or tons, that it sold or provided during the past 12 months.
    (i) The owner of a CCR surface impoundment shall post all closure plans, permit applications, and supporting documentation, as well as any Agency approval of the plans or applications, on its publicly available website.
    (j) The owner or operator of a CCR surface impoundment shall pay the following fees:
        (1) An initial fee to the Agency within 6 months
    
after July 30, 2019 (the effective date of Public Act 101-171) of:
            $50,000 for each closed CCR surface impoundment;
        
and
            $75,000 for each CCR surface impoundment that
        
have not completed closure.
        (2) Annual fees to the Agency, beginning on July 1,
    
2020, of:
            $25,000 for each CCR surface impoundment that has
        
not completed closure; and
            $15,000 for each CCR surface impoundment that has
        
completed closure, but has not completed post-closure care.
    (k) All fees collected by the Agency under subsection (j) shall be deposited into the Environmental Protection Permit and Inspection Fund.
    (l) The Coal Combustion Residual Surface Impoundment Financial Assurance Fund is created as a special fund in the State treasury. Any moneys forfeited to the State of Illinois from any performance bond or other security required under this Section shall be placed in the Coal Combustion Residual Surface Impoundment Financial Assurance Fund and shall, upon approval by the Governor and the Director, be used by the Agency for the purposes for which such performance bond or other security was issued. The Coal Combustion Residual Surface Impoundment Financial Assurance Fund is not subject to the provisions of subsection (c) of Section 5 of the State Finance Act.
    (m) The provisions of this Section shall apply, without limitation, to all existing CCR surface impoundments and any CCR surface impoundments constructed after July 30, 2019 (the effective date of Public Act 101-171), except to the extent prohibited by the Illinois or United States Constitutions.
(Source: P.A. 102-16, eff. 6-17-21; 102-137, eff. 7-23-21; 102-309, eff. 8-6-21; 102-558, eff. 8-20-21; 102-662, eff. 9-15-21; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)

415 ILCS 5/22.60

    (415 ILCS 5/22.60)
    (For Section repeal see subsection (e))
    Sec. 22.60. Pilot project for Will County and Grundy County pyrolysis or gasification facility.
    (a) As used in this Section:
    "Plastics" means polystyrene or any other synthetic organic polymer that can be molded into shape under heat and pressure and then set into a rigid or slightly elastic form.
    "Plastics gasification facility" means a manufacturing facility that:
        (1) receives only uncontaminated plastics that have
    
been processed prior to receipt at the facility into a feedstock meeting the facility's specifications for a gasification feedstock; and
        (2) uses heat in an oxygen-deficient atmosphere to
    
process the feedstock into fuels, chemicals, or chemical feedstocks that are returned to the economic mainstream in the form of raw materials or products.
    "Plastics pyrolysis facility" means a manufacturing facility that:
        (1) receives only uncontaminated plastics that have
    
been processed prior to receipt at the facility into a feedstock meeting the facility's specifications for a pyrolysis feedstock; and
        (2) uses heat in the absence of oxygen to process the
    
uncontaminated plastics into fuels, chemicals, or chemical feedstocks that are returned to the economic mainstream in the form of raw materials or products.
    (b) Provided that permitting and construction has commenced prior to July 1, 2025, a pilot project allowing for a pyrolysis or gasification facility in accordance with this Section is permitted for a locally zoned and approved site in either Will County or Grundy County.
    (c) To the extent allowed by federal law, uncontaminated plastics that have been processed into a feedstock meeting feedstock specifications for a plastics gasification facility or plastics pyrolysis facility, and that are further processed by such a facility and returned to the economic mainstream in the form of raw materials or products, are considered recycled and are not subject to regulation as waste.
    (d) The Agency may propose to the Board for adoption, and the Board may adopt, rules establishing standards for materials accepted as feedstocks by plastics gasification facilities and plastics pyrolysis facilities, rules establishing standards for the management of feedstocks at plastics gasification facilities and plastics pyrolysis facilities, and any other rules, as may be necessary to implement and administer this Section.
    (e) If permitting and construction for the pilot project under subsection (b) has not commenced by July 1, 2025, this Section is repealed.
(Source: P.A. 101-141, eff. 7-1-20; 102-558, eff. 8-20-21.)

415 ILCS 5/22.61

    (415 ILCS 5/22.61)
    Sec. 22.61. Regulation of bisphenol A in business transaction paper.
    (a) For purposes of this Section, "thermal paper" means paper with bisphenol A added to the coating.
    (b) Beginning January 1, 2020, no person shall manufacture, for sale in this State, thermal paper.
    (c) No person shall distribute or use any thermal paper for the making of business or banking records, including, but not limited to, records of receipts, credits, withdrawals, deposits, or credit or debit card transactions. This subsection shall not apply to thermal paper that was manufactured prior to January 1, 2020.
    (d) The prohibition in subsections (a) and (b) shall not apply to paper containing recycled material.
(Source: P.A. 101-457, eff. 8-23-19; 102-558, eff. 8-20-21.)

415 ILCS 5/22.62

    (415 ILCS 5/22.62)
    Sec. 22.62. TRI-PFAS; incineration.
    (a) As used in this Section:
        "Incineration" includes, but is not limited to,
    
burning, combustion, pyrolysis, gasification, or the use of an acid recovery furnace or oxidizer, ore roaster, cement kiln, lightweight aggregate kiln, industrial furnace, boiler, or process heater. "Incineration" does not include the use of a thermal oxidizer as a pollution control or resource recovery device at a facility that is using perfluoroalkyl or polyfluoroalkyl substances or chemicals containing perfluoroalkyl or polyfluoroalkyl substances.
        "Toxic Release Inventory Perfluoroalkyl and
    
Polyfluoroalkyl Substances" or "TRI-PFAS" means the chemicals on the list of perfluoroalkyl and polyfluoroalkyl substances set forth in the USEPA's Toxic Release Inventory rules, developed under Section 313 of the federal Emergency Planning and Community Right-To-Know Act (EPCRA) and codified in 40 CFR 372.65, excluding liquid or gaseous fluorocarbon or chlorofluorocarbon products used chiefly as refrigerants.
    (b) No person shall dispose of any TRI-PFAS by incineration, including, but not limited to, aqueous film-forming foam that contains TRI-PFAS. The Agency may propose, and the Board may adopt, any rules it deems necessary to carry out the provisions of this Section.
    (c) Nothing in this Section applies to the incineration of (i) landfill gas from the decomposition of waste that may contain any perfluoroalkyl or polyfluoroalkyl substances at a permitted sanitary landfill, (ii) landfill gas in a landfill gas recovery facility that is located at a sanitary landfill, (iii) waste at a permitted hospital, medical, and infectious waste incinerator that meets the requirements of Subpart HHH of 40 CFR Part 62, Subpart Ec of 40 CFR Part 60, or the Board-adopted State Plan requirements for hospital, medical, and infectious waste incinerators, as applicable, or (iv) sludges, biosolids, or other solids or by-products generated at or by a municipal wastewater treatment plant or facility.
(Source: P.A. 102-1048, eff. 6-8-22.)

415 ILCS 5/22.63

    (415 ILCS 5/22.63)
    Sec. 22.63. Rules for placement of limestone residual materials. The Board shall adopt rules for the placement of limestone residual materials generated from the treatment of drinking water by a municipal utility in an underground limestone mine located in whole or in part within the municipality that operates the municipal utility. The rules shall be consistent with the Board's Underground Injection Control regulations for Class V wells, provided that the rules shall allow for the limestone residual materials to be delivered to and placed in the mine by means other than an injection well. Rules adopted pursuant to this Section shall be adopted in accordance with the provisions and requirements of Title VII of this Act and the procedures for rulemaking in Section 5-35 of the Illinois Administrative Procedure Act, provided that a municipality proposing rules pursuant to this Section is not required to include in its proposal a petition signed by at least 200 persons as required under subsection (a) of Section 28. Rules adopted pursuant to this Section shall not be considered a part of the State Underground Injection Control program established under this Act.
    As used in this Section, "limestone residual material" means limestone residual generated from the treatment of drinking water at a publicly-owned drinking water treatment plant.
(Source: P.A. 103-333, eff. 1-1-24.)

415 ILCS 5/Tit. VI

 
    (415 ILCS 5/Tit. VI heading)
TITLE VI: NOISE

415 ILCS 5/23

    (415 ILCS 5/23) (from Ch. 111 1/2, par. 1023)
    Sec. 23. The General Assembly finds that excessive noise endangers physical and emotional health and well-being, interferes with legitimate business and recreational activities, increases construction costs, depresses property values, offends the senses, creates public nuisances, and in other respects reduces the quality of our environment.
    It is the purpose of this Title to prevent noise which creates a public nuisance.
(Source: P.A. 76-2429.)