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90_SB0545enr
415 ILCS 15/3 from Ch. 85, par. 5953
415 ILCS 15/7 from Ch. 85, par. 5957
Amends the Solid Waste Planning and Recycling Act to add
definitions for garbage, hazardous waste, industrial process
waste, landscape waste, pollution control waste, and special
waste. Requires semiannual reports to be made to county
recycling coordinators by persons engaged in collecting or
transporting recyclable materials. Effective immediately.
LRB9001840DPcc
SB545 Enrolled LRB9001840DPcc
1 AN ACT in relation to environmental matters, 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 Environmental Protection Act is amended by
6 changing Sections 15, 18, 22.2, 39.5, 42, 56, and 56.4 and
7 adding Section 13.4 as follows:
8 (415 ILCS 5/13.4 new)
9 Sec. 13.4. Pretreatment market system.
10 (a) The General Assembly finds:
11 (1) That achieving compliance with federal, State,
12 and local pretreatment regulatory requirements calls for
13 innovative and cost-effective implementation strategies.
14 (2) That economic incentives and market-based
15 approaches can be used to achieve pretreatment compliance
16 in an innovative and cost-effective manner.
17 (3) That development and operation of a
18 pretreatment market system should significantly lessen
19 the economic impacts associated with implementation of
20 the pretreatment requirements and still achieve the
21 desired water quality, sludge quality, and protection of
22 the sewers and treatment system.
23 (b) The Agency shall design a pretreatment market system
24 that will provide more flexibility for municipalities and
25 their tributary dischargers to develop cost-effective
26 solutions and will result in at least the total pollutant
27 reduction as achieved by the current application of federal
28 categorical standards, State pretreatment limits, and locally
29 derived limits, as applicable. Such a system should also
30 assist publicly-owned treatment works in meeting applicable
31 NPDES permit limits and in preventing the discharge of
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1 pollutants in quantities that would interfere with the
2 operation of the municipal sewer system. In developing this
3 system, the Agency shall consult with interested
4 publicly-owned treatment works and tributary dischargers to
5 ensure that relevant economic, environmental, and
6 administrative factors are taken into account. As necessary,
7 the Agency shall also consult with the United States
8 Environmental Protection Agency regarding the suitability of
9 such a system.
10 (c) The Agency may adopt proposed rules for a
11 market-based pretreatment pollutant reduction, banking, and
12 trading system that will enable publicly-owned treatment
13 works and their tributary dischargers to implement
14 cost-effective compliance options. Any proposal shall be
15 adopted in accordance with the provisions of the Illinois
16 Administrative Procedure Act.
17 (d) Notwithstanding the other provisions of this Act, a
18 publicly-owned treatment works may implement a pretreatment
19 market system that is consistent with subsection (b) of this
20 Section, provided that the publicly-owned treatment works:
21 (1) operates an approved local pretreatment program
22 pursuant to State and federal NPDES regulations;
23 (2) is not currently subject to enforcement action
24 for violation of NPDES requirements;
25 (3) receives wastewater from tributary dischargers
26 that are subject to federal categorical pretreatment
27 standards or approved local pretreatment limits; and
28 (4) has modified, as appropriate, the local
29 pretreatment program to incorporate such market system.
30 (e) Prior to implementation of any pretreatment market
31 system, a publicly-owned treatment works shall notify the
32 Agency in writing of its intention and request the Agency to
33 make a consistency determination regarding the local system's
34 conformance with the rules promulgated pursuant to subsection
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1 (c) of this Section. Within 120 days, the Agency shall
2 provide the determination in writing to the publicly-owned
3 treatment works.
4 (f) Notwithstanding the other provisions of this Act,
5 any discharger that is tributary to a publicly-owned
6 treatment works with a pretreatment market system shall be
7 eligible to exchange trading units with dischargers tributary
8 to the same publicly-owned treatment works or with the
9 publicly-owned treatment works to which it is tributary.
10 (g) Nothing in this Section shall be deemed to authorize
11 a publicly-owned treatment works:
12 (1) to mandate the exchange of trading units by a
13 tributary discharger in a pretreatment market system
14 implemented pursuant to this Section; or
15 (2) to mandate reductions in pollutants from any
16 tributary discharger beyond that otherwise required by
17 federal categorical and State pretreatment standards or
18 approved local pretreatment limits.
19 (415 ILCS 5/15) (from Ch. 111 1/2, par. 1015)
20 Sec. 15. Plans and specifications; demonstration of
21 capability.
22 (a) Owners of public water supplies, their authorized
23 representative, or legal custodians, shall submit plans and
24 specifications to the Agency and obtain written approval
25 before construction of any proposed public water supply
26 installations, changes, or additions is started. Plans and
27 specifications shall be complete and of sufficient detail to
28 show all proposed construction, changes, or additions that
29 may affect sanitary quality, mineral quality, or adequacy of
30 the public water supply; and, where necessary, said plans and
31 specifications shall be accompanied by supplemental data as
32 may be required by the Agency to permit a complete review
33 thereof.
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1 (b) All new public water supplies established after
2 October 1, 1999 shall demonstrate technical, financial, and
3 managerial capacity as a condition for issuance of a
4 construction or operation permit by the Agency or its
5 designee. The demonstration shall be consistent with the
6 technical, financial, and managerial provisions of the
7 federal Safe Drinking Water Act (P.L. 93-532), as now or
8 hereafter amended. The Agency is authorized to adopt rules
9 in accordance with the Illinois Administrative Procedure Act
10 to implement the purposes of this subsection. Such rules
11 must take into account the need for the facility, facility
12 size, sophistication of treatment of the water supply, and
13 financial requirements needed for operation of the facility.
14 (Source: P.A. 76-2429.)
15 (415 ILCS 5/18) (from Ch. 111 1/2, par. 1018)
16 Sec. 18. Prohibitions; plugging requirements.
17 (a) No person shall:
18 (1) Knowingly cause, threaten or allow the
19 distribution of water from any public water supply of
20 such quality or quantity as to be injurious to human
21 health; or
22 (2) Violate regulations or standards adopted by the
23 Agency pursuant to Section 15(b) of this Act or by the
24 Board under this Act; or
25 (3) Construct, install or operate any public water
26 supply without a permit granted by the Agency, or in
27 violation of any condition imposed by such a permit.
28 (b) Borings, water monitoring wells, and wells subject
29 to this Act shall, at a minimum, be abandoned and plugged in
30 accordance with the requirements of Sections 16 and 19 of "An
31 Act in relation to oil, gas, coal and other surface and
32 underground resources and to repeal an Act herein named",
33 filed July 29, 1941, as amended, and such rules as are
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1 promulgated thereunder. Nothing herein shall preclude the
2 Board from adopting plugging and abandonment requirements
3 which are more stringent than the rules of the Department of
4 Natural Resources where necessary to protect the public
5 health and environment.
6 (Source: P.A. 89-445, eff. 2-7-96.)
7 (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
8 Sec. 22.2. Hazardous waste; fees; liability.
9 (a) There are hereby created within the State Treasury 2
10 special funds to be known respectively as the "Hazardous
11 Waste Fund" and the "Hazardous Waste Research Fund",
12 constituted from the fees collected pursuant to this Section.
13 (b) (1) On and after January 1, 1989, the Agency shall
14 collect from the owner or operator of each of the
15 following sites a fee in the amount of:
16 (A) 6 cents per gallon or $12.12 per cubic
17 yard of hazardous waste disposed for 1989, 7.5 cents
18 per gallon or $15.15 per cubic yard for 1990 and 9
19 cents per gallon or $18.18 per cubic yard
20 thereafter, if the hazardous waste disposal site is
21 located off the site where such waste was produced.
22 The maximum amount payable under this subdivision
23 (A) with respect to the hazardous waste generated by
24 a single generator and deposited in monofills is
25 $20,000 for 1989, $25,000 for 1990, and $30,000 per
26 year thereafter. If, as a result of the use of
27 multiple monofills, waste fees in excess of the
28 maximum are assessed with respect to a single waste
29 generator, the generator may apply to the Agency for
30 a credit.
31 (B) 6 cents per gallon or $12.12 per cubic
32 yard of hazardous waste disposed for 1989, 7.5 cents
33 per gallon or $15.15 per cubic yard for 1990 and 9
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1 cents or $18.18 per cubic yard thereafter, if the
2 hazardous waste disposal site is located on the site
3 where such waste was produced, provided however the
4 maximum amount of fees payable under this paragraph
5 (B) is $20,000 for 1989, $25,000 for 1990 and
6 $30,000 per year thereafter for each such hazardous
7 waste disposal site.
8 (C) If the hazardous waste disposal site is an
9 underground injection well, $6,000 per year if not
10 more than 10,000,000 gallons per year are injected,
11 $15,000 per year if more than 10,000,000 gallons but
12 not more than 50,000,000 gallons per year are
13 injected, and $27,000 per year if more than
14 50,000,000 gallons per year are injected.
15 (D) 2 cents per gallon or $4.04 per cubic yard
16 for 1989, 2.5 cents per gallon or $5.05 per cubic
17 yard for 1990, and 3 cents per gallon or $6.06 per
18 cubic yard thereafter of hazardous waste received
19 for treatment at a hazardous waste treatment site,
20 if the hazardous waste treatment site is located off
21 the site where such waste was produced and if such
22 hazardous waste treatment site is owned, controlled
23 and operated by a person other than the generator of
24 such waste. After treatment at such hazardous waste
25 treatment site, the waste shall not be subject to
26 any other fee imposed by this subsection (b). For
27 purposes of this subsection (b), the term
28 "treatment" is defined as in Section 3.49 but shall
29 not include recycling, reclamation or reuse.
30 (2) The General Assembly shall annually appropriate
31 to the Fund such amounts as it deems necessary to fulfill
32 the purposes of this Act.
33 (3) Whenever the unobligated balance of the
34 Hazardous Waste Fund exceeds $10,000,000, the Agency
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1 shall suspend the collection of the fees provided for in
2 this Section until the unobligated balance of the Fund
3 falls below $8,000,000.
4 (4) Of the amount collected as fees provided for in
5 this Section, the Agency shall manage the use of such
6 funds to assure that sufficient funds are available for
7 match towards federal expenditures for response action at
8 sites which are listed on the National Priorities List;
9 provided, however, that this shall not apply to
10 additional monies appropriated to the Fund by the General
11 Assembly, nor shall it apply in the event that the
12 Director finds that revenues in the Hazardous Waste Fund
13 must be used to address conditions which create or may
14 create an immediate danger to the environment or public
15 health or to the welfare of the people of the State of
16 Illinois.
17 (5) Notwithstanding the other provisions of this
18 subsection (b), sludge from a publicly-owned sewage works
19 generated in Illinois, coal mining wastes and refuse
20 generated in Illinois, bottom boiler ash, flyash and flue
21 gas desulphurization sludge from public utility electric
22 generating facilities located in Illinois, and bottom
23 boiler ash and flyash from all incinerators which process
24 solely municipal waste shall not be subject to the fee.
25 (6) For the purposes of this subsection (b),
26 "monofill" means a facility, or a unit at a facility,
27 that accepts only wastes bearing the same USEPA hazardous
28 waste identification number, or compatible wastes as
29 determined by the Agency.
30 (c) The Agency shall establish procedures, not later
31 than January 1, 1984, relating to the collection of the fees
32 authorized by this Section. Such procedures shall include,
33 but not be limited to: (1) necessary records identifying the
34 quantities of hazardous waste received or disposed; (2) the
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1 form and submission of reports to accompany the payment of
2 fees to the Agency; and (3) the time and manner of payment of
3 fees to the Agency, which payments shall be not more often
4 than quarterly.
5 (d) Beginning July 1, 1996, the Agency shall deposit all
6 such receipts in the State Treasury to the credit of the
7 Hazardous Waste Fund, except as provided in subsection (e) of
8 this Section. All monies in the Hazardous Waste Fund shall be
9 used by the Agency for the following purposes:
10 (1) Taking whatever preventive or corrective action
11 is necessary or appropriate, in circumstances certified
12 by the Director, including but not limited to removal or
13 remedial action whenever there is a release or
14 substantial threat of a release of a hazardous substance
15 or pesticide; provided, the Agency shall expend no more
16 than $1,000,000 on any single incident without
17 appropriation by the General Assembly.
18 (2) To meet any requirements which must be met by
19 the State in order to obtain federal funds pursuant to
20 the Comprehensive Environmental Response, Compensation
21 and Liability Act of 1980, (P.L. 96-510).
22 (3) In an amount up to 30% of the amount collected
23 as fees provided for in this Section, for use by the
24 Agency to conduct groundwater protection activities,
25 including providing grants to appropriate units of local
26 government which are addressing protection of underground
27 waters pursuant to the provisions of this Act.
28 (4) To fund the development and implementation of
29 the model pesticide collection program under Section 19.1
30 of the Illinois Pesticide Act.
31 (5) To the extent the Agency has received and
32 deposited monies in the Fund other than fees collected
33 under subsection (b) of this Section, to pay for the cost
34 of Agency employees for services provided in reviewing
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1 the performance of response actions pursuant to Title
2 XVII of this Act.
3 (6) In an amount up to 15% of the fees collected
4 annually under subsection (b) of this Section, for use by
5 the Agency for administration of the provisions of this
6 Section.
7 (e) The Agency shall deposit 10% of all receipts
8 collected under subsection (b) of this Section, but not to
9 exceed $200,000 per year, in the State Treasury to the credit
10 of the Hazardous Waste Research Fund established by this Act.
11 Pursuant to appropriation, all monies in such Fund shall be
12 used by the Department of Natural Resources for the purposes
13 set forth in this subsection.
14 The Department of Natural Resources may enter into
15 contracts with business, industrial, university, governmental
16 or other qualified individuals or organizations to assist in
17 the research and development intended to recycle, reduce the
18 volume of, separate, detoxify or reduce the hazardous
19 properties of hazardous wastes in Illinois. Monies in the
20 Fund may also be used by the Department of Natural Resources
21 for technical studies, monitoring activities, and educational
22 and research activities which are related to the protection
23 of underground waters. Monies in the Hazardous Waste
24 Research Fund may be used to administer the Illinois Health
25 and Hazardous Substances Registry Act. Monies in the
26 Hazardous Waste Research Fund shall not be used for any
27 sanitary landfill or the acquisition or construction of any
28 facility. This does not preclude the purchase of equipment
29 for the purpose of public demonstration projects. The
30 Department of Natural Resources shall adopt guidelines for
31 cost sharing, selecting, and administering projects under
32 this subsection.
33 (f) Notwithstanding any other provision or rule of law,
34 and subject only to the defenses set forth in subsection (j)
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1 of this Section, the following persons shall be liable for
2 all costs of removal or remedial action incurred by the State
3 of Illinois or any unit of local government as a result of a
4 release or substantial threat of a release of a hazardous
5 substance or pesticide:
6 (1) the owner and operator of a facility or vessel
7 from which there is a release or substantial threat of
8 release of a hazardous substance or pesticide;
9 (2) any person who at the time of disposal,
10 transport, storage or treatment of a hazardous substance
11 or pesticide owned or operated the facility or vessel
12 used for such disposal, transport, treatment or storage
13 from which there was a release or substantial threat of a
14 release of any such hazardous substance or pesticide;
15 (3) any person who by contract, agreement, or
16 otherwise has arranged with another party or entity for
17 transport, storage, disposal or treatment of hazardous
18 substances or pesticides owned, controlled or possessed
19 by such person at a facility owned or operated by another
20 party or entity from which facility there is a release or
21 substantial threat of a release of such hazardous
22 substances or pesticides; and
23 (4) any person who accepts or accepted any
24 hazardous substances or pesticides for transport to
25 disposal, storage or treatment facilities or sites from
26 which there is a release or a substantial threat of a
27 release of a hazardous substance or pesticide.
28 Any monies received by the State of Illinois pursuant to
29 this subsection (f) shall be deposited in the State Treasury
30 to the credit of the Hazardous Waste Fund.
31 In accordance with the other provisions of this Section,
32 costs of removal or remedial action incurred by a unit of
33 local government may be recovered in an action before the
34 Board brought by the unit of local government under
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1 subsection (i) of this Section. Any monies so recovered
2 shall be paid to the unit of local government.
3 (g)(1) No indemnification, hold harmless, or similar
4 agreement or conveyance shall be effective to transfer
5 from the owner or operator of any vessel or facility or
6 from any person who may be liable for a release or
7 substantial threat of a release under this Section, to
8 any other person the liability imposed under this
9 Section. Nothing in this Section shall bar any agreement
10 to insure, hold harmless or indemnify a party to such
11 agreements for any liability under this Section.
12 (2) Nothing in this Section, including the
13 provisions of paragraph (g)(1) of this Section, shall bar
14 a cause of action that an owner or operator or any other
15 person subject to liability under this Section, or a
16 guarantor, has or would have, by reason of subrogation or
17 otherwise against any person.
18 (h) For purposes of this Section:
19 (1) The term "facility" means:
20 (A) any building, structure, installation,
21 equipment, pipe or pipeline including but not
22 limited to any pipe into a sewer or publicly owned
23 treatment works, well, pit, pond, lagoon,
24 impoundment, ditch, landfill, storage container,
25 motor vehicle, rolling stock, or aircraft; or
26 (B) any site or area where a hazardous
27 substance has been deposited, stored, disposed of,
28 placed, or otherwise come to be located.
29 (2) The term "owner or operator" means:
30 (A) any person owning or operating a vessel or
31 facility;
32 (B) in the case of an abandoned facility, any
33 person owning or operating the abandoned facility or
34 any person who owned, operated, or otherwise
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1 controlled activities at the abandoned facility
2 immediately prior to such abandonment;
3 (C) in the case of a land trust as defined in
4 Section 2 of the Land Trustee as Creditor Act, the
5 person owning the beneficial interest in the land
6 trust;
7 (D) in the case of a fiduciary (other than a
8 land trustee), the estate, trust estate, or other
9 interest in property held in a fiduciary capacity,
10 and not the fiduciary. For the purposes of this
11 Section, "fiduciary" means a trustee, executor,
12 administrator, guardian, receiver, conservator or
13 other person holding a facility or vessel in a
14 fiduciary capacity;
15 (E) in the case of a "financial institution",
16 meaning the Illinois Housing Development Authority
17 and that term as defined in Section 2 of the
18 Illinois Banking Act, that has acquired ownership,
19 operation, management, or control of a vessel or
20 facility through foreclosure or under the terms of a
21 security interest held by the financial institution
22 or under the terms of an extension of credit made by
23 the financial institution, the financial institution
24 only if the financial institution takes possession
25 of the vessel or facility and the financial
26 institution exercises actual, direct, and continual
27 or recurrent managerial control in the operation of
28 the vessel or facility that causes a release or
29 substantial threat of a release of a hazardous
30 substance or pesticide resulting in removal or
31 remedial action;
32 (F) In the case of an owner of residential
33 property, the owner if the owner is a person other
34 than an individual, or if the owner is an individual
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1 who owns more than 10 dwelling units in Illinois, or
2 if the owner, or an agent, representative,
3 contractor, or employee of the owner, has caused,
4 contributed to, or allowed the release or threatened
5 release of a hazardous substance or pesticide. The
6 term "residential property" means single family
7 residences of one to 4 dwelling units, including
8 accessory land, buildings, or improvements
9 incidental to those dwellings that are exclusively
10 used for the residential use. For purposes of this
11 subparagraph (F), the term "individual" means a
12 natural person, and shall not include corporations,
13 partnerships, trusts, or other non-natural persons.
14 (G) In the case of any facility, title or
15 control of which was conveyed due to bankruptcy,
16 foreclosure, tax delinquency, abandonment, or
17 similar means to a unit of State or local
18 government, any person who owned, operated, or
19 otherwise controlled activities at the facility
20 immediately beforehand.
21 (H) The term "owner or operator" does not
22 include a unit of State or local government which
23 acquired ownership or control through bankruptcy,
24 tax delinquency, abandonment, or other circumstances
25 in which the government acquires title by virtue of
26 its function as sovereign. The exclusion provided
27 under this paragraph shall not apply to any State or
28 local government which has caused or contributed to
29 the release or threatened release of a hazardous
30 substance from the facility, and such a State or
31 local government shall be subject to the provisions
32 of this Act in the same manner and to the same
33 extent, both procedurally and substantively, as any
34 nongovernmental entity, including liability under
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1 Section 22.2(f).
2 (i) The costs and damages provided for in this Section
3 may be imposed by the Board in an action brought before the
4 Board in accordance with Title VIII of this Act, except that
5 Section 33(c) of this Act shall not apply to any such action.
6 (j) (1) There shall be no liability under this Section
7 for a person otherwise liable who can establish by a
8 preponderance of the evidence that the release or substantial
9 threat of release of a hazardous substance and the damages
10 resulting therefrom were caused solely by:
11 (A) an act of God;
12 (B) an act of war;
13 (C) an act or omission of a third party other than
14 an employee or agent of the defendant, or other than one
15 whose act or omission occurs in connection with a
16 contractual relationship, existing directly or
17 indirectly, with the defendant (except where the sole
18 contractual arrangement arises from a published tariff
19 and acceptance for carriage by a common carrier by rail),
20 if the defendant establishes by a preponderance of the
21 evidence that (i) he exercised due care with respect to
22 the hazardous substance concerned, taking into
23 consideration the characteristics of such hazardous
24 substance, in light of all relevant facts and
25 circumstances, and (ii) he took precautions against
26 foreseeable acts or omissions of any such third party and
27 the consequences that could foreseeably result from such
28 acts or omissions; or
29 (D) any combination of the foregoing paragraphs.
30 (2) There shall be no liability under this Section for
31 any release permitted by State or federal law.
32 (3) There shall be no liability under this Section for
33 damages as a result of actions taken or omitted in the course
34 of rendering care, assistance, or advice in accordance with
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1 this Section or the National Contingency Plan pursuant to the
2 Comprehensive Environmental Response, Compensation and
3 Liability Act of 1980 (P.L. 96-510) or at the direction of an
4 on-scene coordinator appointed under such plan, with respect
5 to an incident creating a danger to public health or welfare
6 or the environment as a result of any release of a hazardous
7 substance or a substantial threat thereof. This subsection
8 shall not preclude liability for damages as the result of
9 gross negligence or intentional misconduct on the part of
10 such person. For the purposes of the preceding sentence,
11 reckless, willful, or wanton misconduct shall constitute
12 gross negligence.
13 (4) There shall be no liability under this Section for
14 any person (including, but not limited to, an owner of
15 residential property who applies a pesticide to the
16 residential property or who has another person apply a
17 pesticide to the residential property) for response costs or
18 damages as the result of the storage, handling and use, or
19 recommendation for storage, handling and use, of a pesticide
20 consistent with:
21 (A) its directions for storage, handling and use as
22 stated in its label or labeling;
23 (B) its warnings and cautions as stated in its
24 label or labeling; and
25 (C) the uses for which it is registered under the
26 Federal Insecticide, Fungicide and Rodenticide Act and
27 the Illinois Pesticide Act.
28 (4.5) There shall be no liability under subdivision
29 (f)(1) of this Section for response costs or damages as the
30 result of a release of a pesticide from an agrichemical
31 facility site if the Agency has received notice from the
32 Department of Agriculture pursuant to Section 19.3 of the
33 Illinois Pesticide Act, the owner or operator of the
34 agrichemical facility is proceeding with a corrective action
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1 plan under the Agrichemical Facility Response Action Program
2 implemented under that Section, and the Agency has provided a
3 written endorsement of a corrective action plan.
4 (4.6) There shall be no liability under subdivision
5 (f)(1) of this Section for response costs or damages as the
6 result of a substantial threat of a release of a pesticide
7 from an agrichemical facility site if the Agency has received
8 notice from the Department of Agriculture pursuant to Section
9 19.3 of the Illinois Pesticide Act and the owner or operator
10 of the agrichemical facility is proceeding with a corrective
11 action plan under the Agrichemical Facility Response Action
12 Program implemented under that Section.
13 (5) Nothing in this subsection (j) shall affect or
14 modify in any way the obligations or liability of any person
15 under any other provision of this Act or State or federal
16 law, including common law, for damages, injury, or loss
17 resulting from a release or substantial threat of a release
18 of any hazardous substance or for removal or remedial action
19 or the costs of removal or remedial action of such hazardous
20 substance.
21 (6)(A) The term "contractual relationship", for the
22 purpose of this subsection includes, but is not limited to,
23 land contracts, deeds or other instruments transferring title
24 or possession, unless the real property on which the facility
25 concerned is located was acquired by the defendant after the
26 disposal or placement of the hazardous substance on, in, or
27 at the facility, and one or more of the circumstances
28 described in clause (i), (ii), or (iii) of this paragraph is
29 also established by the defendant by a preponderance of the
30 evidence:
31 (i) At the time the defendant acquired the facility
32 the defendant did not know and had no reason to know that
33 any hazardous substance which is the subject of the
34 release or threatened release was disposed of on, in or
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1 at the facility.
2 (ii) The defendant is a government entity which
3 acquired the facility by escheat, or through any other
4 involuntary transfer or acquisition, or through the
5 exercise of eminent domain authority by purchase or
6 condemnation.
7 (iii) The defendant acquired the facility by
8 inheritance or bequest.
9 In addition to establishing the foregoing, the defendant
10 must establish that he has satisfied the requirements of
11 subparagraph (C) of paragraph (l) of this subsection (j).
12 (B) To establish the defendant had no reason to know, as
13 provided in clause (i) of subparagraph (A) of this paragraph,
14 the defendant must have undertaken, at the time of
15 acquisition, all appropriate inquiry into the previous
16 ownership and uses of the property consistent with good
17 commercial or customary practice in an effort to minimize
18 liability. For purposes of the preceding sentence, the court
19 shall take into account any specialized knowledge or
20 experience on the part of the defendant, the relationship of
21 the purchase price to the value of the property if
22 uncontaminated, commonly known or reasonably ascertainable
23 information about the property, the obviousness of the
24 presence or likely presence of contamination at the property,
25 and the ability to detect such contamination by appropriate
26 inspection.
27 (C) Nothing in this paragraph (6) or in subparagraph (C)
28 of paragraph (1) of this subsection shall diminish the
29 liability of any previous owner or operator of such facility
30 who would otherwise be liable under this Act. Notwithstanding
31 this paragraph (6), if the defendant obtained actual
32 knowledge of the release or threatened release of a hazardous
33 substance at such facility when the defendant owned the real
34 property and then subsequently transferred ownership of the
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1 property to another person without disclosing such knowledge,
2 such defendant shall be treated as liable under subsection
3 (f) of this Section and no defense under subparagraph (C) of
4 paragraph (1) of this subsection shall be available to such
5 defendant.
6 (D) Nothing in this paragraph (6) shall affect the
7 liability under this Act of a defendant who, by any act or
8 omission, caused or contributed to the release or threatened
9 release of a hazardous substance which is the subject of the
10 action relating to the facility.
11 (E) (i) Except as provided in clause (ii) of this
12 subparagraph (E), a defendant who has acquired real property
13 shall have established a rebuttable presumption against all
14 State claims and a conclusive presumption against all private
15 party claims that the defendant has made all appropriate
16 inquiry within the meaning of subdivision (6)(B) of this
17 subsection (j) if the defendant proves that immediately prior
18 to or at the time of the acquisition:
19 (I) the defendant obtained a Phase I Environmental
20 Audit of the real property that meets or exceeds the
21 requirements of this subparagraph (E), and the Phase I
22 Environmental Audit did not disclose the presence or
23 likely presence of a release or a substantial threat of a
24 release of a hazardous substance or pesticide at, on, to,
25 or from the real property; or
26 (II) the defendant obtained a Phase II
27 Environmental Audit of the real property that meets or
28 exceeds the requirements of this subparagraph (E), and
29 the Phase II Environmental Audit did not disclose the
30 presence or likely presence of a release or a substantial
31 threat of a release of a hazardous substance or pesticide
32 at, on, to, or from the real property.
33 (ii) No presumption shall be created under clause (i) of
34 this subparagraph (E), and a defendant shall be precluded
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1 from demonstrating that the defendant has made all
2 appropriate inquiry within the meaning of subdivision (6)(B)
3 of this subsection (j), if:
4 (I) the defendant fails to obtain all Environmental
5 Audits required under this subparagraph (E) or any such
6 Environmental Audit fails to meet or exceed the
7 requirements of this subparagraph (E);
8 (II) a Phase I Environmental Audit discloses the
9 presence or likely presence of a release or a substantial
10 threat of a release of a hazardous substance or pesticide
11 at, on, to, or from real property, and the defendant
12 fails to obtain a Phase II Environmental Audit;
13 (III) a Phase II Environmental Audit discloses the
14 presence or likely presence of a release or a substantial
15 threat of a release of a hazardous substance or pesticide
16 at, on, to, or from the real property;
17 (IV) the defendant fails to maintain a written
18 compilation and explanatory summary report of the
19 information reviewed in the course of each Environmental
20 Audit under this subparagraph (E); or
21 (V) there is any evidence of fraud, material
22 concealment, or material misrepresentation by the
23 defendant of environmental conditions or of related
24 information discovered during the course of an
25 Environmental Audit.
26 (iii) For purposes of this subparagraph (E), the term
27 "environmental professional" means an individual (other than
28 a practicing attorney) who, through academic training,
29 occupational experience, and reputation (such as engineers,
30 industrial hygienists, or geologists) can objectively conduct
31 one or more aspects of an Environmental Audit and who either:
32 (I) maintains at the time of the Environmental
33 Audit and for at least one year thereafter at least
34 $500,000 of environmental consultants' professional
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1 liability insurance coverage issued by an insurance
2 company licensed to do business in Illinois; or
3 (II) is an Illinois licensed professional engineer
4 or an Illinois licensed industrial hygienist.
5 An environmental professional may employ persons who are
6 not environmental professionals to assist in the preparation
7 of an Environmental Audit if such persons are under the
8 direct supervision and control of the environmental
9 professional.
10 (iv) For purposes of this subparagraph (E), the term
11 "real property" means any interest in any parcel of land, and
12 shall not be limited to the definition of the term "real
13 property" contained in the Responsible Property Transfer Act
14 of 1988. For purposes of this subparagraph (E), the term
15 "real property" includes, but is not limited to, buildings,
16 fixtures, and improvements.
17 (v) For purposes of this subparagraph (E), the term
18 "Phase I Environmental Audit" means an investigation of real
19 property, conducted by environmental professionals, to
20 discover the presence or likely presence of a release or a
21 substantial threat of a release of a hazardous substance or
22 pesticide at, on, to, or from real property, and whether a
23 release or a substantial threat of a release of a hazardous
24 substance or pesticide has occurred or may occur at, on, to,
25 or from the real property. The investigation shall include a
26 review of at least each of the following sources of
27 information concerning the current and previous ownership and
28 use of the real property:
29 (I) Recorded chain of title documents regarding the
30 real property, including all deeds, easements, leases,
31 restrictions, and covenants for a period of 50 years.
32 (II) Aerial photographs that may reflect prior uses
33 of the real property and that are reasonably obtainable
34 through State, federal, or local government agencies or
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1 bodies.
2 (III) Recorded environmental cleanup liens, if any,
3 against the real property that have arisen pursuant to
4 this Act or federal statutes.
5 (IV) Reasonably obtainable State, federal, and
6 local government records of sites or facilities at, on,
7 or near the real property to discover the presence or
8 likely presence of a hazardous substance or pesticide,
9 and whether a release or a substantial threat of a
10 release of a hazardous substance or pesticide has
11 occurred or may occur at, on, to, or from the real
12 property. Such government records shall include, but not
13 be limited to: reasonably obtainable State, federal, and
14 local government investigation reports for those sites or
15 facilities; reasonably obtainable State, federal, and
16 local government records of activities likely to cause or
17 contribute to a release or a threatened release of a
18 hazardous substance or pesticide at, on, to, or from the
19 real property, including landfill and other treatment,
20 storage, and disposal location records, underground
21 storage tank records, hazardous waste transporter and
22 generator records, and spill reporting records; and other
23 reasonably obtainable State, federal, and local
24 government environmental records that report incidents or
25 activities that are likely to cause or contribute to a
26 release or a threatened release of a hazardous substance
27 or pesticide at, on, to, or from the real property. In
28 order to be deemed "reasonably obtainable" as required
29 herein, a copy or reasonable facsimile of the record must
30 be obtainable from the government agency by request and
31 upon payment of a processing fee, if any, established by
32 the government agency. The Agency is authorized to
33 establish a reasonable fee for processing requests
34 received under this subparagraph (E) for records. All
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1 fees collected by the Agency under this clause (v)(IV)
2 shall be deposited into the Environmental Protection
3 Permit and Inspection Fund in accordance with Section
4 22.8. Notwithstanding any other law, if the fee is paid,
5 commencing on the effective date of this amendatory Act
6 of 1993 and until one year after the effective date of
7 this amendatory Act of 1993, the Agency shall use its
8 best efforts to process a request received under this
9 subparagraph (E) as expeditiously as possible.
10 Notwithstanding any other law, commencing one year after
11 the effective date of this amendatory Act of 1993, if the
12 fee is paid, the Agency shall process a request received
13 under this subparagraph (E) for records within 30 days of
14 the receipt of such request.
15 (V) A visual site inspection of the real property
16 and all facilities and improvements on the real property
17 and a visual inspection of properties immediately
18 adjacent to the real property, including an investigation
19 of any use, storage, treatment, spills from use, or
20 disposal of hazardous substances, hazardous wastes, solid
21 wastes, or pesticides. If the person conducting the
22 investigation is denied access to any property adjacent
23 to the real property, the person shall conduct a visual
24 inspection of that adjacent property from the property to
25 which the person does have access and from public
26 rights-of-way.
27 (VI) A review of business records for activities at
28 or on the real property for a period of 50 years.
29 (vi) For purposes of subparagraph (E), the term "Phase
30 II Environmental Audit" means an investigation of real
31 property, conducted by environmental professionals,
32 subsequent to a Phase I Environmental Audit. If the Phase I
33 Environmental Audit discloses the presence or likely presence
34 of a hazardous substance or a pesticide or a release or a
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1 substantial threat of a release of a hazardous substance or
2 pesticide:
3 (I) In or to soil, the defendant, as part of the
4 Phase II Environmental Audit, shall perform a series of
5 soil borings sufficient to determine whether there is a
6 presence or likely presence of a hazardous substance or
7 pesticide and whether there is or has been a release or a
8 substantial threat of a release of a hazardous substance
9 or pesticide at, on, to, or from the real property.
10 (II) In or to groundwater, the defendant, as part
11 of the Phase II Environmental Audit, shall: review
12 information regarding local geology, water well
13 locations, and locations of waters of the State as may be
14 obtained from State, federal, and local government
15 records, including but not limited to the United States
16 Geological Service, the State Geological Survey Division
17 of the Department of Natural Resources, and the State
18 Water Survey Division of the Department of Natural
19 Resources; and perform groundwater monitoring sufficient
20 to determine whether there is a presence or likely
21 presence of a hazardous substance or pesticide, and
22 whether there is or has been a release or a substantial
23 threat of a release of a hazardous substance or pesticide
24 at, on, to, or from the real property.
25 (III) On or to media other than soil or
26 groundwater, the defendant, as part of the Phase II
27 Environmental Audit, shall perform an investigation
28 sufficient to determine whether there is a presence or
29 likely presence of a hazardous substance or pesticide,
30 and whether there is or has been a release or a
31 substantial threat of a release of a hazardous substance
32 or pesticide at, on, to, or from the real property.
33 (vii) The findings of each Environmental Audit prepared
34 under this subparagraph (E) shall be set forth in a written
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1 audit report. Each audit report shall contain an affirmation
2 by the defendant and by each environmental professional who
3 prepared the Environmental Audit that the facts stated in the
4 report are true and are made under a penalty of perjury as
5 defined in Section 32-2 of the Criminal Code of 1961. It is
6 perjury for any person to sign an audit report that contains
7 a false material statement that the person does not believe
8 to be true.
9 (viii) The Agency is not required to review, approve, or
10 certify the results of any Environmental Audit. The
11 performance of an Environmental Audit shall in no way entitle
12 a defendant to a presumption of Agency approval or
13 certification of the results of the Environmental Audit.
14 The presence or absence of a disclosure document prepared
15 under the Responsible Property Transfer Act of 1988 shall not
16 be a defense under this Act and shall not satisfy the
17 requirements of subdivision (6)(A) of this subsection (j).
18 (7) No person shall be liable under this Section for
19 response costs or damages as the result of a pesticide
20 release if the Agency has found that a pesticide release
21 occurred based on a Health Advisory issued by the U.S.
22 Environmental Protection Agency or an action level developed
23 by the Agency, unless the Agency notified the manufacturer of
24 the pesticide and provided an opportunity of not less than 30
25 days for the manufacturer to comment on the technical and
26 scientific justification supporting the Health Advisory or
27 action level.
28 (8) No person shall be liable under this Section for
29 response costs or damages as the result of a pesticide
30 release that occurs in the course of a farm pesticide
31 collection program operated under Section 19.1 of the
32 Illinois Pesticide Act, unless the release results from gross
33 negligence or intentional misconduct.
34 (k) If any person who is liable for a release or
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1 substantial threat of release of a hazardous substance or
2 pesticide fails without sufficient cause to provide removal
3 or remedial action upon or in accordance with a notice and
4 request by the Agency or upon or in accordance with any order
5 of the Board or any court, such person may be liable to the
6 State for punitive damages in an amount at least equal to,
7 and not more than 3 times, the amount of any costs incurred
8 by the State of Illinois as a result of such failure to take
9 such removal or remedial action. The punitive damages
10 imposed by the Board shall be in addition to any costs
11 recovered from such person pursuant to this Section and in
12 addition to any other penalty or relief provided by this Act
13 or any other law.
14 Any monies received by the State pursuant to this
15 subsection (k) shall be deposited in the Hazardous Waste
16 Fund.
17 (l) Beginning January 1, 1988, the Agency shall annually
18 collect a $250 fee for each Special Waste Hauling Permit
19 Application and, in addition, shall collect a fee of $20 for
20 each waste hauling vehicle identified in the annual permit
21 application and for each vehicle which is added to the permit
22 during the annual period. The Agency shall deposit 85% of
23 such fees collected under this subsection in the State
24 Treasury to the credit of the Hazardous Waste Research Fund;
25 and shall deposit the remaining 15% of such fees collected in
26 the State Treasury to the credit of the Environmental
27 Protection Permit and Inspection Fund. The majority of such
28 receipts which are deposited in the Hazardous Waste Research
29 Fund pursuant to this subsection shall be used by the
30 Department of Natural Resources for activities which relate
31 to the protection of underground waters. Persons engaged in
32 the offsite transportation of hazardous waste by highway and
33 participating in the Uniform Program under subsection (l-5)
34 are not required to file a Special Waste Hauling Permit
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1 Application.
2 (l-5) (1) As used in this subsection:
3 "Base state" means the state selected by a
4 transporter according to the procedures established under
5 the Uniform Program.
6 "Base state agreement" means an agreement between
7 participating states electing to register or permit
8 transporters.
9 "Participating state" means a state electing to
10 participate in the Uniform Program by entering into a
11 base state agreement.
12 "Transporter" means a person engaged in the offsite
13 transportation of hazardous waste by highway.
14 "Uniform application" means the uniform registration
15 and permit application form prescribed under the Uniform
16 Program.
17 "Uniform Program" means the Uniform State Hazardous
18 Materials Transportation Registration and Permit Program
19 established in the report submitted and amended pursuant
20 to 49 U.S.C. Section 5119(b), as implemented by the
21 Agency under this subsection.
22 "Vehicle" means any self-propelled motor vehicle,
23 except a truck tractor without a trailer, designed or
24 used for the transportation of hazardous waste subject to
25 the hazardous waste manifesting requirements of 40 U.S.C.
26 Section 6923(a)(3).
27 (2) Beginning July 1, 1998, the Agency shall
28 implement the Uniform State Hazardous Materials
29 Transportation Registration and Permit Program. On and
30 after that date, no person shall engage in the offsite
31 transportation of hazardous waste by highway without
32 registering and obtaining a permit under the Uniform
33 Program. A transporter with its principal place of
34 business in Illinois shall register with and obtain a
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1 permit from the Agency. A transporter that designates
2 another participating state in the Uniform Program as its
3 base state shall likewise register with and obtain a
4 permit from that state before transporting hazardous
5 waste in Illinois.
6 (3) Beginning July 1, 1998, the Agency shall
7 annually collect no more than a $250 processing and audit
8 fee from each transporter of hazardous waste who has
9 filed a uniform application and, in addition, the Agency
10 shall annually collect an apportioned vehicle
11 registration fee of $20. The amount of the apportioned
12 vehicle registration fee shall be calculated consistent
13 with the procedures established under the Uniform
14 Program.
15 All moneys received by the Agency from the
16 collection of fees pursuant to the Uniform Program shall
17 be deposited into the Hazardous Waste Transporter account
18 hereby created within the Environmental Protection Permit
19 and Inspection Fund. The State Treasurer shall credit to
20 the account interest and earnings from account
21 investments. Moneys remaining in the account at the
22 close of the fiscal year shall not lapse to the General
23 Revenue Fund. The State Treasurer may receive money or
24 other assets from any source for deposit into the
25 account. The Agency may expend moneys from the account,
26 upon appropriation, for the implementation of the Uniform
27 Program, including the costs to the Agency of fee
28 collection and administration. In addition, funds not
29 expended for the implementation of the Uniform Program
30 may be utilized for emergency response and cleanup
31 activities related melated to hazardous waste
32 transportation that are initiated by the Agency.
33 Whenever the amount of the Hazardous Waste
34 Transporter account exceeds by 115% the amount annually
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1 appropriated by the General Assembly, the Agency shall credit
2 participating transporters an amount, proportionately based
3 on the amount of the vehicle fee paid, equal to the excess in
4 the account, and shall determine the need to reduce the
5 amount of the fee charged transporters in the subsequent
6 fiscal year by the amount of the credit.
7 (4) (A) The Agency may propose and the Board shall
8 adopt rules as necessary to implement and enforce the
9 Uniform Program. The Agency is authorized to enter into
10 agreements with other agencies of this State as necessary
11 to carry out administrative functions or enforcement of
12 the Uniform Program.
13 (B) The Agency shall recognize a Uniform Program
14 registration as valid for one year from the date a notice
15 of registration form is issued and a permit as valid for
16 3 years from the date issued or until a transporter fails
17 to renew its registration, whichever occurs first.
18 (C) The Agency may inspect or examine any motor
19 vehicle or facility operated by a transporter, including
20 papers, books, records, documents, or other materials to
21 determine if a transporter is complying with the Uniform
22 Program. The Agency may also conduct investigations and
23 audits as necessary to determine if a transporter is
24 entitled to a permit or to make suspension or revocation
25 determinations consistent with the standards of the
26 Uniform Program.
27 (5) The Agency may enter into agreements with
28 federal agencies, national repositories, or other
29 participating states as necessary to allow for the
30 reciprocal registration and permitting of transporters
31 pursuant to the Uniform Program. The agreements may
32 include procedures for determining a base state, the
33 collection and distribution of registration fees, dispute
34 resolution, the exchange of information for reporting and
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1 enforcement purposes, and other provisions necessary to
2 fully implement, administer, and enforce the Uniform
3 Program.
4 (m) (Blank).
5 (n) (Blank).
6 (Source: P.A. 89-94, eff. 7-6-95; 89-158, eff. 1-1-96;
7 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 89-445, eff.
8 2-7-96; 89-626, eff. 8-9-96; 90-14, eff. 7-1-97; 90-219, eff.
9 7-25-97; revised 4-28-98.)
10 (415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
11 Sec. 39.5. Clean Air Act Permit Program.
12 1. Definitions.
13 For purposes of this Section:
14 "Administrative permit amendment" means a permit revision
15 subject to subsection 13 of this Section.
16 "Affected source for acid deposition" means a source that
17 includes one or more affected units under Title IV of the
18 Clean Air Act.
19 "Affected States" for purposes of formal distribution of
20 a draft CAAPP permit to other States for comments prior to
21 issuance, means all States:
22 (1) Whose air quality may be affected by the source
23 covered by the draft permit and that are contiguous to
24 Illinois; or
25 (2) That are within 50 miles of the source.
26 "Affected unit for acid deposition" shall have the
27 meaning given to the term "affected unit" in the regulations
28 promulgated under Title IV of the Clean Air Act.
29 "Applicable Clean Air Act requirement" means all of the
30 following as they apply to emissions units in a source
31 (including regulations that have been promulgated or approved
32 by USEPA pursuant to the Clean Air Act which directly impose
33 requirements upon a source and other such federal
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1 requirements which have been adopted by the Board. These may
2 include requirements and regulations which have future
3 effective compliance dates. Requirements and regulations
4 will be exempt if USEPA determines that such requirements
5 need not be contained in a Title V permit):
6 (1) Any standard or other requirement provided for
7 in the applicable state implementation plan approved or
8 promulgated by USEPA under Title I of the Clean Air Act
9 that implement the relevant requirements of the Clean Air
10 Act, including any revisions to the state Implementation
11 Plan promulgated in 40 CFR Part 52, Subparts A and O and
12 other subparts applicable to Illinois. For purposes of
13 this subsection (1) of this definition, "any standard or
14 other requirement" shall mean only such standards or
15 requirements directly enforceable against an individual
16 source under the Clean Air Act.
17 (2)(i) Any term or condition of any preconstruction
18 permits issued pursuant to regulations approved or
19 promulgated by USEPA under Title I of the Clean Air
20 Act, including Part C or D of the Clean Air Act.
21 (ii) Any term or condition as required
22 pursuant to Section 39.5 of any federally
23 enforceable State operating permit issued pursuant
24 to regulations approved or promulgated by USEPA
25 under Title I of the Clean Air Act, including Part C
26 or D of the Clean Air Act.
27 (3) Any standard or other requirement under Section
28 111 of the Clean Air Act, including Section 111(d).
29 (4) Any standard or other requirement under Section
30 112 of the Clean Air Act, including any requirement
31 concerning accident prevention under Section 112(r)(7) of
32 the Clean Air Act.
33 (5) Any standard or other requirement of the acid
34 rain program under Title IV of the Clean Air Act or the
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1 regulations promulgated thereunder.
2 (6) Any requirements established pursuant to
3 Section 504(b) or Section 114(a)(3) of the Clean Air Act.
4 (7) Any standard or other requirement governing
5 solid waste incineration, under Section 129 of the Clean
6 Air Act.
7 (8) Any standard or other requirement for consumer
8 and commercial products, under Section 183(e) of the
9 Clean Air Act.
10 (9) Any standard or other requirement for tank
11 vessels, under Section 183(f) of the Clean Air Act.
12 (10) Any standard or other requirement of the
13 program to control air pollution from Outer Continental
14 Shelf sources, under Section 328 of the Clean Air Act.
15 (11) Any standard or other requirement of the
16 regulations promulgated to protect stratospheric ozone
17 under Title VI of the Clean Air Act, unless USEPA has
18 determined that such requirements need not be contained
19 in a Title V permit.
20 (12) Any national ambient air quality standard or
21 increment or visibility requirement under Part C of Title
22 I of the Clean Air Act, but only as it would apply to
23 temporary sources permitted pursuant to Section 504(e) of
24 the Clean Air Act.
25 "Applicable requirement" means all applicable Clean Air
26 Act requirements and any other standard, limitation, or other
27 requirement contained in this Act or regulations promulgated
28 under this Act as applicable to sources of air contaminants
29 (including requirements that have future effective compliance
30 dates).
31 "CAAPP" means the Clean Air Act Permit Program, developed
32 pursuant to Title V of the Clean Air Act.
33 "CAAPP application" means an application for a CAAPP
34 permit.
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1 "CAAPP Permit" or "permit" (unless the context suggests
2 otherwise) means any permit issued, renewed, amended,
3 modified or revised pursuant to Title V of the Clean Air Act.
4 "CAAPP source" means any source for which the owner or
5 operator is required to obtain a CAAPP permit pursuant to
6 subsection 2 of this Section.
7 "Clean Air Act" means the Clean Air Act, as now and
8 hereafter amended, 42 U.S.C. 7401, et seq.
9 "Designated representative" shall have the meaning given
10 to it in Section 402(26) of the Clean Air Act and the
11 regulations promulgated thereunder which states that the term
12 'designated representative' shall mean a responsible person
13 or official authorized by the owner or operator of a unit to
14 represent the owner or operator in all matters pertaining to
15 the holding, transfer, or disposition of allowances allocated
16 to a unit, and the submission of and compliance with permits,
17 permit applications, and compliance plans for the unit.
18 "Draft CAAPP permit" means the version of a CAAPP permit
19 for which public notice and an opportunity for public comment
20 and hearing is offered by the Agency.
21 "Effective date of the CAAPP" means the date that USEPA
22 approves Illinois' CAAPP.
23 "Emission unit" means any part or activity of a
24 stationary source that emits or has the potential to emit any
25 air pollutant. This term is not meant to alter or affect the
26 definition of the term "unit" for purposes of Title IV of the
27 Clean Air Act.
28 "Federally enforceable" means enforceable by USEPA.
29 "Final permit action" means the Agency's granting with
30 conditions, refusal to grant, renewal of, or revision of a
31 CAAPP permit, the Agency's determination of incompleteness of
32 a submitted CAAPP application, or the Agency's failure to act
33 on an application for a permit, permit renewal, or permit
34 revision within the time specified in paragraph 5(j),
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1 subsection 13, or subsection 14 of this Section.
2 "General permit" means a permit issued to cover numerous
3 similar sources in accordance with subsection 11 of this
4 Section.
5 "Major source" means a source for which emissions of one
6 or more air pollutants meet the criteria for major status
7 pursuant to paragraph 2(c) of this Section.
8 "Maximum achievable control technology" or "MACT" means
9 the maximum degree of reductions in emissions deemed
10 achievable under Section 112 of the Clean Air Act.
11 "Owner or operator" means any person who owns, leases,
12 operates, controls, or supervises a stationary source.
13 "Permit modification" means a revision to a CAAPP permit
14 that cannot be accomplished under the provisions for
15 administrative permit amendments under subsection 13 of this
16 Section.
17 "Permit revision" means a permit modification or
18 administrative permit amendment.
19 "Phase II" means the period of the national acid rain
20 program, established under Title IV of the Clean Air Act,
21 beginning January 1, 2000, and continuing thereafter.
22 "Phase II acid rain permit" means the portion of a CAAPP
23 permit issued, renewed, modified, or revised by the Agency
24 during Phase II for an affected source for acid deposition.
25 "Potential to emit" means the maximum capacity of a
26 stationary source to emit any air pollutant under its
27 physical and operational design. Any physical or operational
28 limitation on the capacity of a source to emit an air
29 pollutant, including air pollution control equipment and
30 restrictions on hours of operation or on the type or amount
31 of material combusted, stored, or processed, shall be treated
32 as part of its design if the limitation is enforceable by
33 USEPA. This definition does not alter or affect the use of
34 this term for any other purposes under the Clean Air Act, or
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1 the term "capacity factor" as used in Title IV of the Clean
2 Air Act or the regulations promulgated thereunder.
3 "Preconstruction Permit" or "Construction Permit" means a
4 permit which is to be obtained prior to commencing or
5 beginning actual construction or modification of a source or
6 emissions unit.
7 "Proposed CAAPP permit" means the version of a CAAPP
8 permit that the Agency proposes to issue and forwards to
9 USEPA for review in compliance with applicable requirements
10 of the Act and regulations promulgated thereunder.
11 "Regulated air pollutant" means the following:
12 (1) Nitrogen oxides (NOx) or any volatile organic
13 compound.
14 (2) Any pollutant for which a national ambient air
15 quality standard has been promulgated.
16 (3) Any pollutant that is subject to any standard
17 promulgated under Section 111 of the Clean Air Act.
18 (4) Any Class I or II substance subject to a
19 standard promulgated under or established by Title VI of
20 the Clean Air Act.
21 (5) Any pollutant subject to a standard promulgated
22 under Section 112 or other requirements established under
23 Section 112 of the Clean Air Act, including Sections
24 112(g), (j) and (r).
25 (i) Any pollutant subject to requirements
26 under Section 112(j) of the Clean Air Act. Any
27 pollutant listed under Section 112(b) for which the
28 subject source would be major shall be considered to
29 be regulated 18 months after the date on which USEPA
30 was required to promulgate an applicable standard
31 pursuant to Section 112(e) of the Clean Air Act, if
32 USEPA fails to promulgate such standard.
33 (ii) Any pollutant for which the requirements
34 of Section 112(g)(2) of the Clean Air Act have been
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1 met, but only with respect to the individual source
2 subject to Section 112(g)(2) requirement.
3 "Renewal" means the process by which a permit is reissued
4 at the end of its term.
5 "Responsible official" means one of the following:
6 (1) For a corporation: a president, secretary,
7 treasurer, or vice-president of the corporation in charge
8 of a principal business function, or any other person who
9 performs similar policy or decision-making functions for
10 the corporation, or a duly authorized representative of
11 such person if the representative is responsible for the
12 overall operation of one or more manufacturing,
13 production, or operating facilities applying for or
14 subject to a permit and either (i) the facilities employ
15 more than 250 persons or have gross annual sales or
16 expenditures exceeding $25 million (in second quarter
17 1980 dollars), or (ii) the delegation of authority to
18 such representative is approved in advance by the Agency.
19 (2) For a partnership or sole proprietorship: a
20 general partner or the proprietor, respectively, or in
21 the case of a partnership in which all of the partners
22 are corporations, a duly authorized representative of the
23 partnership if the representative is responsible for the
24 overall operation of one or more manufacturing,
25 production, or operating facilities applying for or
26 subject to a permit and either (i) the facilities employ
27 more than 250 persons or have gross annual sales or
28 expenditures exceeding $25 million (in second quarter
29 1980 dollars), or (ii) the delegation of authority to
30 such representative is approved in advance by the Agency.
31 (3) For a municipality, State, Federal, or other
32 public agency: either a principal executive officer or
33 ranking elected official. For the purposes of this part,
34 a principal executive officer of a Federal agency
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1 includes the chief executive officer having
2 responsibility for the overall operations of a principal
3 geographic unit of the agency (e.g., a Regional
4 Administrator of USEPA).
5 (4) For affected sources for acid deposition:
6 (i) The designated representative shall be the
7 "responsible official" in so far as actions,
8 standards, requirements, or prohibitions under Title
9 IV of the Clean Air Act or the regulations
10 promulgated thereunder are concerned.
11 (ii) The designated representative may also be
12 the "responsible official" for any other purposes
13 with respect to air pollution control.
14 "Section 502(b)(10) changes" means changes that
15 contravene express permit terms. "Section 502(b)(10) changes"
16 do not include changes that would violate applicable
17 requirements or contravene federally enforceable permit terms
18 or conditions that are monitoring (including test methods),
19 recordkeeping, reporting, or compliance certification
20 requirements.
21 "Solid waste incineration unit" means a distinct
22 operating unit of any facility which combusts any solid waste
23 material from commercial or industrial establishments or the
24 general public (including single and multiple residences,
25 hotels, and motels). The term does not include incinerators
26 or other units required to have a permit under Section 3005
27 of the Solid Waste Disposal Act. The term also does not
28 include (A) materials recovery facilities (including primary
29 or secondary smelters) which combust waste for the primary
30 purpose of recovering metals, (B) qualifying small power
31 production facilities, as defined in Section 3(17)(C) of the
32 Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying
33 cogeneration facilities, as defined in Section 3(18)(B) of
34 the Federal Power Act (16 U.S.C. 796(18)(B)), which burn
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1 homogeneous waste (such as units which burn tires or used
2 oil, but not including refuse-derived fuel) for the
3 production of electric energy or in the case of qualifying
4 cogeneration facilities which burn homogeneous waste for the
5 production of electric energy and steam or forms of useful
6 energy (such as heat) which are used for industrial,
7 commercial, heating or cooling purposes, or (C) air curtain
8 incinerators provided that such incinerators only burn wood
9 wastes, yard waste and clean lumber and that such air curtain
10 incinerators comply with opacity limitations to be
11 established by the USEPA by rule.
12 "Source" means any stationary source (or any group of
13 stationary sources) that are located on one or more
14 contiguous or adjacent properties, and that are under common
15 control of the same person (or persons under common control)
16 and that belongs belonging to a single major industrial
17 grouping. For the purposes of defining "source," a
18 stationary source or group of stationary sources shall be
19 considered part of a single major industrial grouping if all
20 of the pollutant emitting activities at such source or group
21 of sources located on contiguous or adjacent properties and
22 under common control property belong to the same Major Group
23 (i.e., all have the same two-digit code) as described in the
24 Standard Industrial Classification Manual, 1987, or such
25 pollutant emitting activities at a stationary source (or
26 group of stationary sources) located on contiguous or
27 adjacent properties and under common control constitute a
28 support facility. The determination as to whether any group
29 of stationary sources are located on contiguous or adjacent
30 properties, and/or are under common control, and/or whether
31 the pollutant emitting activities at such group of stationary
32 sources constitute a support facility shall be made on a case
33 by case basis.
34 "Stationary source" means any building, structure,
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1 facility, or installation that emits or may emit any
2 regulated air pollutant or any pollutant listed under Section
3 112(b) of the Clean Air Act.
4 "Support facility" means any stationary source (or group
5 of stationary sources) that conveys, stores, or otherwise
6 assists to a significant extent in the production of a
7 principal product at another stationary source (or group of
8 stationary sources). A support facility shall be considered
9 to be part of the same source as the stationary source (or
10 group of stationary sources) that it supports regardless of
11 the 2-digit Standard Industrial Classification code for the
12 support facility.
13 "USEPA" means the Administrator of the United States
14 Environmental Protection Agency (USEPA) or a person
15 designated by the Administrator.
16 1.1. Exclusion From the CAAPP.
17 a. An owner or operator of a source which
18 determines that the source could be excluded from the
19 CAAPP may seek such exclusion prior to the date that the
20 CAAPP application for the source is due but in no case
21 later than 9 months after the effective date of the CAAPP
22 through the imposition of federally enforceable
23 conditions limiting the "potential to emit" of the source
24 to a level below the major source threshold for that
25 source as described in paragraph 2(c) of this Section,
26 within a State operating permit issued pursuant to
27 Section 39(a) of this Act. After such date, an exclusion
28 from the CAAPP may be sought under paragraph 3(c) of this
29 Section.
30 b. An owner or operator of a source seeking
31 exclusion from the CAAPP pursuant to paragraph (a) of
32 this subsection must submit a permit application
33 consistent with the existing State permit program which
34 specifically requests such exclusion through the
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1 imposition of such federally enforceable conditions.
2 c. Upon such request, if the Agency determines that
3 the owner or operator of a source has met the
4 requirements for exclusion pursuant to paragraph (a) of
5 this subsection and other applicable requirements for
6 permit issuance under Section 39(a) of this Act, the
7 Agency shall issue a State operating permit for such
8 source under Section 39(a) of this Act, as amended, and
9 regulations promulgated thereunder with federally
10 enforceable conditions limiting the "potential to emit"
11 of the source to a level below the major source threshold
12 for that source as described in paragraph 2(c) of this
13 Section.
14 d. The Agency shall provide an owner or operator of
15 a source which may be excluded from the CAAPP pursuant to
16 this subsection with reasonable notice that the owner or
17 operator may seek such exclusion.
18 e. The Agency shall provide such sources with the
19 necessary permit application forms.
20 2. Applicability.
21 a. Sources subject to this Section shall include:
22 i. Any major source as defined in paragraph
23 (c) of this subsection.
24 ii. Any source subject to a standard or other
25 requirements promulgated under Section 111 (New
26 Source Performance Standards) or Section 112
27 (Hazardous Air Pollutants) of the Clean Air Act,
28 except that a source is not required to obtain a
29 permit solely because it is subject to regulations
30 or requirements under Section 112(r) of the Clean
31 Air Act.
32 iii. Any affected source for acid deposition,
33 as defined in subsection 1 of this Section.
34 iv. Any other source subject to this Section
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1 under the Clean Air Act or regulations promulgated
2 thereunder, or applicable Board regulations.
3 b. Sources exempted from this Section shall
4 include:
5 i. All sources listed in paragraph (a) of this
6 subsection which are not major sources, affected
7 sources for acid deposition or solid waste
8 incineration units required to obtain a permit
9 pursuant to Section 129(e) of the Clean Air Act,
10 until the source is required to obtain a CAAPP
11 permit pursuant to the Clean Air Act or regulations
12 promulgated thereunder.
13 ii. Nonmajor sources subject to a standard or
14 other requirements subsequently promulgated by USEPA
15 under Section 111 or 112 of the Clean Air Act which
16 are determined by USEPA to be exempt at the time a
17 new standard is promulgated.
18 iii. All sources and source categories that
19 would be required to obtain a permit solely because
20 they are subject to Part 60, Subpart AAA - Standards
21 of Performance for New Residential Wood Heaters (40
22 CFR Part 60).
23 iv. All sources and source categories that
24 would be required to obtain a permit solely because
25 they are subject to Part 61, Subpart M - National
26 Emission Standard for Hazardous Air Pollutants for
27 Asbestos, Section 61.145 (40 CFR Part 61).
28 v. Any other source categories exempted by
29 USEPA regulations pursuant to Section 502(a) of the
30 Clean Air Act.
31 c. For purposes of this Section the term "major
32 source" means any source that is:
33 i. A major source under Section 112 of the
34 Clean Air Act, which is defined as:
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1 A. For pollutants other than
2 radionuclides, any stationary source or group
3 of stationary sources located within a
4 contiguous area and under common control that
5 emits or has the potential to emit, in the
6 aggregate, 10 tons per year (tpy) or more of
7 any hazardous air pollutant which has been
8 listed pursuant to Section 112(b) of the Clean
9 Air Act, 25 tpy or more of any combination of
10 such hazardous air pollutants, or such lesser
11 quantity as USEPA may establish by rule.
12 Notwithstanding the preceding sentence,
13 emissions from any oil or gas exploration or
14 production well (with its associated equipment)
15 and emissions from any pipeline compressor or
16 pump station shall not be aggregated with
17 emissions from other similar units, whether or
18 not such units are in a contiguous area or
19 under common control, to determine whether such
20 stations are major sources.
21 B. For radionuclides, "major source"
22 shall have the meaning specified by the USEPA
23 by rule.
24 ii. A major stationary source of air
25 pollutants, as defined in Section 302 of the Clean
26 Air Act, that directly emits or has the potential to
27 emit, 100 tpy or more of any air pollutant
28 (including any major source of fugitive emissions of
29 any such pollutant, as determined by rule by USEPA).
30 For purposes of this subsection, "fugitive
31 emissions" means those emissions which could not
32 reasonably pass through a stack, chimney, vent, or
33 other functionally-equivalent opening. The fugitive
34 emissions of a stationary source shall not be
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1 considered in determining whether it is a major
2 stationary source for the purposes of Section 302(j)
3 of the Clean Air Act, unless the source belongs to
4 one of the following categories of stationary
5 source:
6 A. Coal cleaning plants (with thermal
7 dryers).
8 B. Kraft pulp mills.
9 C. Portland cement plants.
10 D. Primary zinc smelters.
11 E. Iron and steel mills.
12 F. Primary aluminum ore reduction plants.
13 G. Primary copper smelters.
14 H. Municipal incinerators capable of
15 charging more than 250 tons of refuse per day.
16 I. Hydrofluoric, sulfuric, or nitric acid
17 plants.
18 J. Petroleum refineries.
19 K. Lime plants.
20 L. Phosphate rock processing plants.
21 M. Coke oven batteries.
22 N. Sulfur recovery plants.
23 O. Carbon black plants (furnace process).
24 P. Primary lead smelters.
25 Q. Fuel conversion plants.
26 R. Sintering plants.
27 S. Secondary metal production plants.
28 T. Chemical process plants.
29 U. Fossil-fuel boilers (or combination
30 thereof) totaling more than 250 million British
31 thermal units per hour heat input.
32 V. Petroleum storage and transfer units
33 with a total storage capacity exceeding 300,000
34 barrels.
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1 W. Taconite ore processing plants.
2 X. Glass fiber processing plants.
3 Y. Charcoal production plants.
4 Z. Fossil fuel-fired steam electric
5 plants of more than 250 million British thermal
6 units per hour heat input.
7 AA. All other stationary source
8 categories regulated by a standard promulgated
9 under Section 111 or 112 of the Clean Air Act,
10 but only with respect to those air pollutants
11 that have been regulated for that category.
12 BB. Any other stationary source category
13 designated by USEPA by rule.
14 iii. A major stationary source as defined in
15 part D of Title I of the Clean Air Act including:
16 A. For ozone nonattainment areas, sources
17 with the potential to emit 100 tons or more per
18 year of volatile organic compounds or oxides of
19 nitrogen in areas classified as "marginal" or
20 "moderate", 50 tons or more per year in areas
21 classified as "serious", 25 tons or more per
22 year in areas classified as "severe", and 10
23 tons or more per year in areas classified as
24 "extreme"; except that the references in this
25 clause to 100, 50, 25, and 10 tons per year of
26 nitrogen oxides shall not apply with respect to
27 any source for which USEPA has made a finding,
28 under Section 182(f)(1) or (2) of the Clean Air
29 Act, that requirements otherwise applicable to
30 such source under Section 182(f) of the Clean
31 Air Act do not apply. Such sources shall
32 remain subject to the major source criteria of
33 paragraph 2(c)(ii) of this subsection.
34 B. For ozone transport regions
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1 established pursuant to Section 184 of the
2 Clean Air Act, sources with the potential to
3 emit 50 tons or more per year of volatile
4 organic compounds (VOCs).
5 C. For carbon monoxide nonattainment
6 areas (1) that are classified as "serious", and
7 (2) in which stationary sources contribute
8 significantly to carbon monoxide levels as
9 determined under rules issued by USEPA, sources
10 with the potential to emit 50 tons or more per
11 year of carbon monoxide.
12 D. For particulate matter (PM-10)
13 nonattainment areas classified as "serious",
14 sources with the potential to emit 70 tons or
15 more per year of PM-10.
16 3. Agency Authority To Issue CAAPP Permits and Federally
17 Enforceable State Operating Permits.
18 a. The Agency shall issue CAAPP permits under this
19 Section consistent with the Clean Air Act and regulations
20 promulgated thereunder and this Act and regulations
21 promulgated thereunder.
22 b. The Agency shall issue CAAPP permits for fixed
23 terms of 5 years, except CAAPP permits issued for solid
24 waste incineration units combusting municipal waste which
25 shall be issued for fixed terms of 12 years and except
26 CAAPP permits for affected sources for acid deposition
27 which shall be issued for initial terms to expire on
28 December 31, 1999, and for fixed terms of 5 years
29 thereafter.
30 c. The Agency shall have the authority to issue a
31 State operating permit for a source under Section 39(a)
32 of this Act, as amended, and regulations promulgated
33 thereunder, which includes federally enforceable
34 conditions limiting the "potential to emit" of the source
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1 to a level below the major source threshold for that
2 source as described in paragraph 2(c) of this Section,
3 thereby excluding the source from the CAAPP, when
4 requested by the applicant pursuant to paragraph 5(u) of
5 this Section. The public notice requirements of this
6 Section applicable to CAAPP permits shall also apply to
7 the initial issuance of permits under this paragraph.
8 d. For purposes of this Act, a permit issued by
9 USEPA under Section 505 of the Clean Air Act, as now and
10 hereafter amended, shall be deemed to be a permit issued
11 by the Agency pursuant to Section 39.5 of this Act.
12 4. Transition.
13 a. An owner or operator of a CAAPP source shall not
14 be required to renew an existing State operating permit
15 for any emission unit at such CAAPP source once a CAAPP
16 application timely submitted prior to expiration of the
17 State operating permit has been deemed complete. For
18 purposes other than permit renewal, the obligation upon
19 the owner or operator of a CAAPP source to obtain a State
20 operating permit is not removed upon submittal of the
21 complete CAAPP permit application. An owner or operator
22 of a CAAPP source seeking to make a modification to a
23 source prior to the issuance of its CAAPP permit shall be
24 required to obtain a construction and/or operating permit
25 as required for such modification in accordance with the
26 State permit program under Section 39(a) of this Act, as
27 amended, and regulations promulgated thereunder. The
28 application for such construction and/or operating permit
29 shall be considered an amendment to the CAAPP application
30 submitted for such source.
31 b. An owner or operator of a CAAPP source shall
32 continue to operate in accordance with the terms and
33 conditions of its applicable State operating permit
34 notwithstanding the expiration of the State operating
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1 permit until the source's CAAPP permit has been issued.
2 c. An owner or operator of a CAAPP source shall
3 submit its initial CAAPP application to the Agency no
4 later than 12 months after the effective date of the
5 CAAPP. The Agency may request submittal of initial CAAPP
6 applications during this 12 month period according to a
7 schedule set forth within Agency procedures, however, in
8 no event shall the Agency require such submittal earlier
9 than 3 months after such effective date of the CAAPP. An
10 owner or operator may voluntarily submit its initial
11 CAAPP application prior to the date required within this
12 paragraph or applicable procedures, if any, subsequent to
13 the date the Agency submits the CAAPP to USEPA for
14 approval.
15 d. The Agency shall act on initial CAAPP
16 applications in accordance with subsection 5(j) of this
17 Section.
18 e. For purposes of this Section, the term "initial
19 CAAPP application" shall mean the first CAAPP application
20 submitted for a source existing as of the effective date
21 of the CAAPP.
22 f. The Agency shall provide owners or operators of
23 CAAPP sources with at least three months advance notice
24 of the date on which their applications are required to
25 be submitted. In determining which sources shall be
26 subject to early submittal, the Agency shall include
27 among its considerations the complexity of the permit
28 application, and the burden that such early submittal
29 will have on the source.
30 g. The CAAPP permit shall upon becoming effective
31 supersede the State operating permit.
32 h. The Agency shall have the authority to adopt
33 procedural rules, in accordance with the Illinois
34 Administrative Procedure Act, as the Agency deems
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1 necessary, to implement this subsection.
2 5. Applications and Completeness.
3 a. An owner or operator of a CAAPP source shall
4 submit its complete CAAPP application consistent with the
5 Act and applicable regulations.
6 b. An owner or operator of a CAAPP source shall
7 submit a single complete CAAPP application covering all
8 emission units at that source.
9 c. To be deemed complete, a CAAPP application must
10 provide all information, as requested in Agency
11 application forms, sufficient to evaluate the subject
12 source and its application and to determine all
13 applicable requirements, pursuant to the Clean Air Act,
14 and regulations thereunder, this Act and regulations
15 thereunder. Such Agency application forms shall be
16 finalized and made available prior to the date on which
17 any CAAPP application is required.
18 d. An owner or operator of a CAAPP source shall
19 submit, as part of its complete CAAPP application, a
20 compliance plan, including a schedule of compliance,
21 describing how each emission unit will comply with all
22 applicable requirements. Any such schedule of compliance
23 shall be supplemental to, and shall not sanction
24 noncompliance with, the applicable requirements on which
25 it is based.
26 e. Each submitted CAAPP application shall be
27 certified for truth, accuracy, and completeness by a
28 responsible official in accordance with applicable
29 regulations.
30 f. The Agency shall provide notice to a CAAPP
31 applicant as to whether a submitted CAAPP application is
32 complete. Unless the Agency notifies the applicant of
33 incompleteness, within 60 days of receipt of the CAAPP
34 application, the application shall be deemed complete.
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1 The Agency may request additional information as needed
2 to make the completeness determination. The Agency may
3 to the extent practicable provide the applicant with a
4 reasonable opportunity to correct deficiencies prior to a
5 final determination of completeness.
6 g. If after the determination of completeness the
7 Agency finds that additional information is necessary to
8 evaluate or take final action on the CAAPP application,
9 the Agency may request in writing such information from
10 the source with a reasonable deadline for response.
11 h. If the owner or operator of a CAAPP source
12 submits a timely and complete CAAPP application, the
13 source's failure to have a CAAPP permit shall not be a
14 violation of this Section until the Agency takes final
15 action on the submitted CAAPP application, provided,
16 however, where the applicant fails to submit the
17 requested information under paragraph 5(g) within the
18 time frame specified by the Agency, this protection shall
19 cease to apply.
20 i. Any applicant who fails to submit any relevant
21 facts necessary to evaluate the subject source and its
22 CAAPP application or who has submitted incorrect
23 information in a CAAPP application shall, upon becoming
24 aware of such failure or incorrect submittal, submit
25 supplementary facts or correct information to the Agency.
26 In addition, an applicant shall provide to the Agency
27 additional information as necessary to address any
28 requirements which become applicable to the source
29 subsequent to the date the applicant submitted its
30 complete CAAPP application but prior to release of the
31 draft CAAPP permit.
32 j. The Agency shall issue or deny the CAAPP permit
33 within 18 months after the date of receipt of the
34 complete CAAPP application, with the following
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1 exceptions: (i) permits for affected sources for acid
2 deposition shall be issued or denied within 6 months
3 after receipt of a complete application in accordance
4 with subsection 17 of this Section; (ii) the Agency shall
5 act on initial CAAPP applications within 24 months after
6 the date of receipt of the complete CAAPP application;
7 (iii) the Agency shall act on complete applications
8 containing early reduction demonstrations under Section
9 112(i)(5) of the Clean Air Act within 9 months of receipt
10 of the complete CAAPP application.
11 Where the Agency does not take final action on the
12 permit within the required time period, the permit shall
13 not be deemed issued; rather, the failure to act shall be
14 treated as a final permit action for purposes of judicial
15 review pursuant to Sections 40.2 and 41 of this Act.
16 k. The submittal of a complete CAAPP application
17 shall not affect the requirement that any source have a
18 preconstruction permit under Title I of the Clean Air
19 Act.
20 l. Unless a timely and complete renewal application
21 has been submitted consistent with this subsection, a
22 CAAPP source operating upon the expiration of its CAAPP
23 permit shall be deemed to be operating without a CAAPP
24 permit. Such operation is prohibited under this Act.
25 m. Permits being renewed shall be subject to the
26 same procedural requirements, including those for public
27 participation and federal review and objection, that
28 apply to original permit issuance.
29 n. For purposes of permit renewal, a timely
30 application is one that is submitted no less than 9
31 months prior to the date of permit expiration.
32 o. The terms and conditions of a CAAPP permit shall
33 remain in effect until the issuance of a CAAPP renewal
34 permit provided a timely and complete CAAPP application
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1 has been submitted.
2 p. The owner or operator of a CAAPP source seeking
3 a permit shield pursuant to paragraph 7(j) of this
4 Section shall request such permit shield in the CAAPP
5 application regarding that source.
6 q. The Agency shall make available to the public
7 all documents submitted by the applicant to the Agency,
8 including each CAAPP application, compliance plan
9 (including the schedule of compliance), and emissions or
10 compliance monitoring report, with the exception of
11 information entitled to confidential treatment pursuant
12 to Section 7 of this Act.
13 r. The Agency shall use the standardized forms
14 required under Title IV of the Clean Air Act and
15 regulations promulgated thereunder for affected sources
16 for acid deposition.
17 s. An owner or operator of a CAAPP source may
18 include within its CAAPP application a request for
19 permission to operate during a startup, malfunction, or
20 breakdown consistent with applicable Board regulations.
21 t. An owner or operator of a CAAPP source, in order
22 to utilize the operational flexibility provided under
23 paragraph 7(l) of this Section, must request such use and
24 provide the necessary information within its CAAPP
25 application.
26 u. An owner or operator of a CAAPP source which
27 seeks exclusion from the CAAPP through the imposition of
28 federally enforceable conditions, pursuant to paragraph
29 3(c) of this Section, must request such exclusion within
30 a CAAPP application submitted consistent with this
31 subsection on or after the date that the CAAPP
32 application for the source is due. Prior to such date,
33 but in no case later than 9 months after the effective
34 date of the CAAPP, such owner or operator may request the
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1 imposition of federally enforceable conditions pursuant
2 to paragraph 1.1(b) of this Section.
3 v. CAAPP applications shall contain accurate
4 information on allowable emissions to implement the fee
5 provisions of subsection 18 of this Section.
6 w. An owner or operator of a CAAPP source shall
7 submit within its CAAPP application emissions information
8 regarding all regulated air pollutants emitted at that
9 source consistent with applicable Agency procedures.
10 Emissions information regarding insignificant activities
11 or emission levels, as determined by the Agency pursuant
12 to Board regulations, may be submitted as a list within
13 the CAAPP application. The Agency shall propose
14 regulations to the Board defining insignificant
15 activities or emission levels, consistent with federal
16 regulations, if any, no later than 18 months after the
17 effective date of this amendatory Act of 1992, consistent
18 with Section 112(n)(1) of the Clean Air Act. The Board
19 shall adopt final regulations defining insignificant
20 activities or emission levels no later than 9 months
21 after the date of the Agency's proposal.
22 x. The owner or operator of a new CAAPP source
23 shall submit its complete CAAPP application consistent
24 with this subsection within 12 months after commencing
25 operation of such source. The owner or operator of an
26 existing source that has been excluded from the
27 provisions of this Section under subsection 1.1 or
28 subsection 3(c) of this Section and that becomes subject
29 to the CAAPP solely due to a change in operation at the
30 source shall submit its complete CAAPP application
31 consistent with this subsection at least 180 days before
32 commencing operation in accordance with the change in
33 operation.
34 y. The Agency shall have the authority to adopt
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1 procedural rules, in accordance with the Illinois
2 Administrative Procedure Act, as the Agency deems
3 necessary to implement this subsection.
4 6. Prohibitions.
5 a. It shall be unlawful for any person to violate
6 any terms or conditions of a permit issued under this
7 Section, to operate any CAAPP source except in compliance
8 with a permit issued by the Agency under this Section or
9 to violate any other applicable requirements. All terms
10 and conditions of a permit issued under this Section are
11 enforceable by USEPA and citizens under the Clean Air
12 Act, except those, if any, that are specifically
13 designated as not being federally enforceable in the
14 permit pursuant to paragraph 7(m) of this Section.
15 b. After the applicable CAAPP permit or renewal
16 application submittal date, as specified in subsection 5
17 of this Section, no person shall operate a CAAPP source
18 without a CAAPP permit unless the complete CAAPP permit
19 or renewal application for such source has been timely
20 submitted to the Agency.
21 c. No owner or operator of a CAAPP source shall
22 cause or threaten or allow the continued operation of an
23 emission source during malfunction or breakdown of the
24 emission source or related air pollution control
25 equipment if such operation would cause a violation of
26 the standards or limitations applicable to the source,
27 unless the CAAPP permit granted to the source provides
28 for such operation consistent with this Act and
29 applicable Board regulations.
30 7. Permit Content.
31 a. All CAAPP permits shall contain emission
32 limitations and standards and other enforceable terms and
33 conditions, including but not limited to operational
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1 requirements, and schedules for achieving compliance at
2 the earliest reasonable date, which are or will be
3 required to accomplish the purposes and provisions of
4 this Act and to assure compliance with all applicable
5 requirements.
6 b. The Agency shall include among such conditions
7 applicable monitoring, reporting, record keeping and
8 compliance certification requirements, as authorized by
9 paragraphs d, e, and f of this subsection, that the
10 Agency deems necessary to assure compliance with the
11 Clean Air Act, the regulations promulgated thereunder,
12 this Act, and applicable Board regulations. When
13 monitoring, reporting, record keeping, and compliance
14 certification requirements are specified within the Clean
15 Air Act, regulations promulgated thereunder, this Act, or
16 applicable regulations, such requirements shall be
17 included within the CAAPP permit. The Board shall have
18 authority to promulgate additional regulations where
19 necessary to accomplish the purposes of the Clean Air
20 Act, this Act, and regulations promulgated thereunder.
21 c. The Agency shall assure, within such conditions,
22 the use of terms, test methods, units, averaging periods,
23 and other statistical conventions consistent with the
24 applicable emission limitations, standards, and other
25 requirements contained in the permit.
26 d. To meet the requirements of this subsection with
27 respect to monitoring, the permit shall:
28 i. Incorporate and identify all applicable
29 emissions monitoring and analysis procedures or test
30 methods required under the Clean Air Act,
31 regulations promulgated thereunder, this Act, and
32 applicable Board regulations, including any
33 procedures and methods promulgated by USEPA pursuant
34 to Section 504(b) or Section 114 (a)(3) of the Clean
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1 Air Act.
2 ii. Where the applicable requirement does not
3 require periodic testing or instrumental or
4 noninstrumental monitoring (which may consist of
5 recordkeeping designed to serve as monitoring),
6 require periodic monitoring sufficient to yield
7 reliable data from the relevant time period that is
8 representative of the source's compliance with the
9 permit, as reported pursuant to paragraph (f) of
10 this subsection. The Agency may determine that
11 recordkeeping requirements are sufficient to meet
12 the requirements of this subparagraph.
13 iii. As necessary, specify requirements
14 concerning the use, maintenance, and when
15 appropriate, installation of monitoring equipment or
16 methods.
17 e. To meet the requirements of this subsection with
18 respect to record keeping, the permit shall incorporate
19 and identify all applicable recordkeeping requirements
20 and require, where applicable, the following:
21 i. Records of required monitoring information
22 that include the following:
23 A. The date, place and time of sampling
24 or measurements.
25 B. The date(s) analyses were performed.
26 C. The company or entity that performed
27 the analyses.
28 D. The analytical techniques or methods
29 used.
30 E. The results of such analyses.
31 F. The operating conditions as existing
32 at the time of sampling or measurement.
33 ii. Retention of records of all monitoring
34 data and support information for a period of at
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1 least 5 years from the date of the monitoring
2 sample, measurement, report, or application.
3 Support information includes all calibration and
4 maintenance records, original strip-chart recordings
5 for continuous monitoring instrumentation, and
6 copies of all reports required by the permit.
7 f. To meet the requirements of this subsection with
8 respect to reporting, the permit shall incorporate and
9 identify all applicable reporting requirements and
10 require the following:
11 i. Submittal of reports of any required
12 monitoring every 6 months. More frequent submittals
13 may be requested by the Agency if such submittals
14 are necessary to assure compliance with this Act or
15 regulations promulgated by the Board thereunder.
16 All instances of deviations from permit requirements
17 must be clearly identified in such reports. All
18 required reports must be certified by a responsible
19 official consistent with subsection 5 of this
20 Section.
21 ii. Prompt reporting of deviations from permit
22 requirements, including those attributable to upset
23 conditions as defined in the permit, the probable
24 cause of such deviations, and any corrective actions
25 or preventive measures taken.
26 g. Each CAAPP permit issued under subsection 10 of
27 this Section shall include a condition prohibiting
28 emissions exceeding any allowances that the source
29 lawfully holds under Title IV of the Clean Air Act or the
30 regulations promulgated thereunder, consistent with
31 subsection 17 of this Section and applicable regulations,
32 if any.
33 h. All CAAPP permits shall state that, where
34 another applicable requirement of the Clean Air Act is
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1 more stringent than any applicable requirement of
2 regulations promulgated under Title IV of the Clean Air
3 Act, both provisions shall be incorporated into the
4 permit and shall be State and federally enforceable.
5 i. Each CAAPP permit issued under subsection 10 of
6 this Section shall include a severability clause to
7 ensure the continued validity of the various permit
8 requirements in the event of a challenge to any portions
9 of the permit.
10 j. The following shall apply with respect to owners
11 or operators requesting a permit shield:
12 i. The Agency shall include in a CAAPP permit,
13 when requested by an applicant pursuant to paragraph
14 5(p) of this Section, a provision stating that
15 compliance with the conditions of the permit shall
16 be deemed compliance with applicable requirements
17 which are applicable as of the date of release of
18 the proposed permit, provided that:
19 A. The applicable requirement is
20 specifically identified within the permit; or
21 B. The Agency in acting on the CAAPP
22 application or revision determines in writing
23 that other requirements specifically identified
24 are not applicable to the source, and the
25 permit includes that determination or a concise
26 summary thereof.
27 ii. The permit shall identify the requirements
28 for which the source is shielded. The shield shall
29 not extend to applicable requirements which are
30 promulgated after the date of release of the
31 proposed permit unless the permit has been modified
32 to reflect such new requirements.
33 iii. A CAAPP permit which does not expressly
34 indicate the existence of a permit shield shall not
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1 provide such a shield.
2 iv. Nothing in this paragraph or in a CAAPP
3 permit shall alter or affect the following:
4 A. The provisions of Section 303
5 (emergency powers) of the Clean Air Act,
6 including USEPA's authority under that section.
7 B. The liability of an owner or operator
8 of a source for any violation of applicable
9 requirements prior to or at the time of permit
10 issuance.
11 C. The applicable requirements of the
12 acid rain program consistent with Section
13 408(a) of the Clean Air Act.
14 D. The ability of USEPA to obtain
15 information from a source pursuant to Section
16 114 (inspections, monitoring, and entry) of the
17 Clean Air Act.
18 k. Each CAAPP permit shall include an emergency
19 provision providing an affirmative defense of emergency
20 to an action brought for noncompliance with
21 technology-based emission limitations under a CAAPP
22 permit if the following conditions are met through
23 properly signed, contemporaneous operating logs, or other
24 relevant evidence:
25 i. An emergency occurred and the permittee can
26 identify the cause(s) of the emergency.
27 ii. The permitted facility was at the time
28 being properly operated.
29 iii. The permittee submitted notice of the
30 emergency to the Agency within 2 working days of the
31 time when emission limitations were exceeded due to
32 the emergency. This notice must contain a detailed
33 description of the emergency, any steps taken to
34 mitigate emissions, and corrective actions taken.
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1 iv. During the period of the emergency the
2 permittee took all reasonable steps to minimize
3 levels of emissions that exceeded the emission
4 limitations, standards, o