Sen. Scott M. Bennett

Filed: 3/15/2019

 

 


 

 


 
10100SB0009sam001LRB101 06168 CPF 57857 a

1
AMENDMENT TO SENATE BILL 9

2    AMENDMENT NO. ______. Amend Senate Bill 9 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Coal
5Ash Pollution Prevention Act.
 
6    Section 2. Findings and construction. The General Assembly
7finds that a clean environment is essential to the continuing
8growth and well-being of Illinois' economy and its people. This
9Act shall be interpreted broadly to prevent pollution from the
10many coal ash dumps threatening the public health and
11environment throughout Illinois. It is intended to be more
12stringent than federal requirements, which, at the time of this
13Act's enactment, continue to leave Illinoisans and our
14environment at risk.
 
15    Section 5. Definitions. In this Act:

 

 

10100SB0009sam001- 2 -LRB101 06168 CPF 57857 a

1    "Agency" means the Illinois Environmental Protection
2Agency.
3    "CCR landfill" means an area of land or an excavation that
4receives, or has received, CCR and is not a CCR surface
5impoundment, underground injection well, salt dome formation,
6salt bed formation, underground or surface coal mine, or cave.
7"CCR landfill" includes CCR piles.
8    "CCR surface impoundment" means a natural topographic
9depression, man-made excavation, quarry, or diked area that (i)
10is designed, or has been used, to hold an accumulation of CCR
11and liquids, and (ii) treats, stores, or disposes of CCR,
12regardless of whether CCR continues to be added to the
13impoundment.
14    "CCR unit" means any CCR landfill, CCR surface impoundment,
15lateral expansion of a CCR unit, or combination of 2 or more of
16those units. "CCR unit" includes any CCR below the unit
17boundary of the CCR landfill or CCR surface impoundment.
18    "Coal combustion residuals" or "CCR" means fly ash, bottom
19ash, boiler slag, or flue gas desulfurization materials
20generated from burning coal for the purpose of generating
21electricity for sale by an electric utility or for use by a
22private corporation.
23    "CCR pile" means any non-containerized accumulation of
24solid, non-flowing CCR that is placed on the land, but does not
25include any CCR stored for beneficial use under subsection (c)
26of Section 40.

 

 

10100SB0009sam001- 3 -LRB101 06168 CPF 57857 a

1    "CCR pollutants" means antimony, arsenic, barium,
2beryllium, boron, cadmium, chromium, cobalt, fluoride, lead,
3lithium, mercury, molybdenum, selenium, thallium, and radium
4226 and 228 combined.
5    "Director" means the Director of the Illinois
6Environmental Protection Agency.
7    "Encapsulated beneficial use" means a beneficial use of CCR
8that binds the CCR into a solid matrix and minimizes its
9mobilization into the surrounding environment.
10    "Lined CCR unit" means any CCR unit with a liner meeting
11the specifications of 40 C.F.R. 257.71(a)(1)(ii) or
12257.71(a)(1)(iii).
13    "LEAF leach test" means the U.S. Environmental Protection
14Agency's Leaching Environmental Assessment Framework ("LEAF"),
15EPA Methods 1313 and 1314.
16    "Location standards" means:
17    For CCR surface impoundments, the location restrictions
18set out at 40 C.F.R. 257.60 through 257.64 as promulgated by
19the U.S. Environmental Protection Agency on April 17, 2015, in
20"Hazardous and Solid Waste Management System; Disposal of Coal
21Combustion Residuals from Electric Utilities," 80 Fed. Reg.
2221,302, 21,471-21,473, as well as a prohibition on being
23located, in whole or in part, in the 100-year floodplain.
24    For CCR landfills, the location restriction for unstable
25areas set out at 40 C.F.R. 257.64 as promulgated by the U.S.
26Environmental Protection Agency on April 17, 2015, in

 

 

10100SB0009sam001- 4 -LRB101 06168 CPF 57857 a

1"Hazardous and Solid Waste Management System; Disposal of Coal
2Combustion Residuals from Electric Utilities," 80 Fed. Reg.
321,302, 21,473, as well as a prohibition on being located, in
4whole or in part, in the 100-year floodplain.
5    "Operator" or "owner or operator" means any person that
6owns or operates, solely or with other persons, any CCR unit.
7    "Person" means any individual, partnership,
8co-partnership, firm, company, limited liability company,
9corporation, association, joint stock company, trust, estate,
10political subdivision, State agency, or any other legal entity,
11or their legal representative, agent, or assigns.
12    "Potential environmental justice community" means a
13community where the low-income or minority population
14percentage is greater than the statewide average.
15    "Prevailing wage" has the meaning given for "prevailing
16rate of wage" in Section 2 of the Prevailing Wage Act.
17    "Safety factors" means the factors of safety set out at 40
18C.F.R 257.74(e)(i) through (v).
19    "Sole Source Aquifer" means an aquifer determined by the
20U.S. Environmental Protection Agency to be a Sole Source
21Aquifer under 1424(e) of the Safe Drinking Water Act of 1974.
22"Sole Source Aquifer" includes, but is not limited to, the
23Mahomet Aquifer.
24    "Statistically significant increase" means:
25    For CCR Pollutants for which a groundwater protection
26standard has been set by the U.S. Environmental Protection

 

 

10100SB0009sam001- 5 -LRB101 06168 CPF 57857 a

1Agency under 40 C.F.R. 257.95(h), any statistically
2significant increase over that groundwater protection standard
3as determined under 40 C.F.R. 257.95(h).
4    For CCR Pollutants for which no groundwater protection
5standard has been set by the U.S. Environmental Protection
6Agency under 40 C.F.R. 257.95(h), a statistically significant
7increase, as determined under 40 C.F.R. 257.93(f),(g),and
8(h)(1), in that CCR pollutant above the Class I groundwater
9standard for that pollutant set out in Section 620.410 of Title
1035 of the Illinois Administrative Code.
11    "Unlined CCR unit" means any CCR unit that is not a lined
12CCR unit.
 
13    Section 10. Powers and duties.
14    (a) Except as otherwise provided, the Agency shall enforce
15this Act and any rules, regulations, or orders adopted in
16accordance with this Act.
17    (b) Except as otherwise provided, the Agency shall have
18jurisdiction and authority over all persons and property
19necessary to effectively enforce the provisions of this Act. In
20aid of this jurisdiction, the Director, or anyone designated in
21writing by the Director, shall have the authority to administer
22oaths and to issue subpoenas for the production of records or
23other documents and for the attendance of witnesses at any
24proceedings of the Agency.
25    (c) The Agency may authorize any employee of the Agency

 

 

10100SB0009sam001- 6 -LRB101 06168 CPF 57857 a

1qualified by training and experience to perform the powers and
2duties set forth in this Act.
3    (d) For the purpose of determining compliance with the
4provisions of this Act and any orders or rules entered or
5adopted under this Act, the Agency shall have the right at all
6times to go upon and inspect properties where CCR is or has
7been generated, stored, disposed of, transported, or
8beneficially used.
9    (e) The Agency shall have the authority and it shall be the
10Agency's duty to make such inquiries as the Director may think
11proper to determine whether or not a violation of this Act or
12any orders or rules entered or adopted under this Act exists or
13is imminent. In the exercise of these powers, the Agency has
14the authority to:
15        (1) collect data;
16        (2) require testing and sampling;
17        (3) make investigation and inspection;
18        (4) examine properties, including records and logs;
19        (5) hold hearings;
20        (6) adopt administrative rules; and
21        (7) take any action reasonably necessary to enforce
22    this Act.
23    (f) The Agency may specify the manner in which all
24information required under this Act is to be submitted.
25    (g) The Agency shall specify the fees to be submitted with
26all proposals required by this Act, including closure plans,

 

 

10100SB0009sam001- 7 -LRB101 06168 CPF 57857 a

1corrective action plans, applications for CCR transport
2permits, applications for beneficial use permits, and
3evaluation of alternatives analyses for landfill disposal of
4CCR. The fee to accompany those proposals shall be
5non-refundable and in an amount adequate to cover the costs the
6Agency incurs in reviewing and issuing or denying the proposal,
7including, but not limited to, the costs of:
8        (1) reviewing the proposal and accompanying materials,
9    as well as any public comments or testimony offered on the
10    proposal;
11        (2) holding a public hearing on the proposal in
12    accordance with Section 65; and
13        (3) drafting the permit or the denial of the proposal.
14    The Agency shall review and, if necessary, revise the fees
15for proposals under this Act on an annual basis.
 
16    Section 15. CCR units; closure by removal.
17    (a) An owner or operator of an unlined CCR unit, as
18determined under subsection (d), a CCR unit that does not meet
19the location standards as determined under subsection (e), a
20CCR surface impoundment that does not meet the safety factors
21as determined under subsection (f), and a CCR unit at which a
22statistically significant increase in any CCR pollutant has
23been identified, shall close the CCR unit by:
24        (1) halting the placement of CCR in the CCR unit;
25        (2) removing all CCR from the CCR unit; and

 

 

10100SB0009sam001- 8 -LRB101 06168 CPF 57857 a

1        (3) either:
2            (A) using the CCR in encapsulated beneficial use;
3        or
4            (B) disposing of the CCR in a permitted landfill on
5        the property upon which the CCR unit is located,
6        adjacent to the property upon which the CCR unit is
7        located, or off of the property on which the CCR unit
8        is located, that:
9                (i) meets all location standards for CCR
10            surface impoundments;
11                (ii) is not located over a sole source aquifer;
12                (iii) has a leachate collection system that
13            meets or exceeds the federal criteria for a
14            municipal solid waste landfills under 40 C.F.R.
15            Part 258; and
16                (iv) meets all requirements for lined CCR
17            landfills set forth at 40 C.F.R. Part 257 except as
18            otherwise specified herein.
19    (b) An owner or operator of a CCR unit required to close by
20removal under subsection (a) shall, within 6 months of the
21effective date of this Act, halt the placement of CCR in those
22CCR units and begin removal of the CCR in those CCR units.
23    An owner or operator shall complete the removal of CCR from
24the CCR unit no later than 15 years after initiating the
25closure process at that CCR unit.
26    (c) The Agency shall issue a confirmation of completion of

 

 

10100SB0009sam001- 9 -LRB101 06168 CPF 57857 a

1closure before financial assurance under Section 75 may be
2released.
3    (d) Within 60 days after the effective date of this Act,
4the operator of a CCR unit shall submit to the Agency the
5following:
6        (1) a determination, prepared and certified by a
7    professional engineer licensed in Illinois, specifying
8    whether the CCR unit meets the definition in this Act of a
9    lined CCR unit; and
10        (2) documentation supporting that determination.
11    The determination and supporting documentation shall be
12posted on the Agency's website as well as a publicly accessible
13website that does not require registration and is operated by
14the operator of the CCR unit.
15    (e) Within 60 days after the effective date of this Act, an
16operator of a CCR unit must submit to the Agency the following:
17        (1) a determination, prepared and certified by a
18    professional engineer licensed in Illinois, specifying
19    whether the CCR unit meets the location standards, which of
20    the location standards the CCR unit meets, and which it
21    does not meet; and
22        (2) documentation supporting that determination.
23    The determination and supporting documentation shall be
24posted on the Agency's website as well as a publicly accessible
25website that does not require registration and is operated by
26the operator of the CCR unit.

 

 

10100SB0009sam001- 10 -LRB101 06168 CPF 57857 a

1    (f) To determine whether a CCR surface impoundment meets
2the safety factors, a professional engineer licensed in
3Illinois shall assess whether the critical cross section of the
4embankment of the CCR surface impoundment achieves the safety
5factors. The safety factor assessments must be supported by
6appropriate engineering calculations. All safety factor
7assessments and supporting calculations and documentation
8shall be submitted to the Agency within 60 days after the
9effective date of this Act. The safety factor assessment and
10supporting documentation shall be posted on the Agency's
11website as well as a publicly accessible website operated by
12the operator of the CCR unit that does not require
13registration.
14    In this subsection, "critical cross section" means the
15cross section anticipated to be the most susceptible of all
16cross sections to structural failure based on appropriate
17engineering considerations, including loading conditions.
18    (g) If a person has information indicating that any liner
19status determination, location standards determination, or
20safety factor assessment submitted by an operator under this
21Section inaccurately concludes that the CCR unit is a lined CCR
22unit, meets location standards, or meets the applicable safety
23factors, that person may submit that information to the Agency.
24    The Agency shall review the information submitted, provide
25it to the operator of the CCR unit at issue, and make a
26determination of whether the documentation submitted by the

 

 

10100SB0009sam001- 11 -LRB101 06168 CPF 57857 a

1operator is inaccurate. If the Agency so concludes, it shall
2inform the operator and the person who provided the information
3under this Section of that decision, post the decision on its
4website, and direct the operator of the CCR unit at issue to
5comply with applicable requirements of this Act.
 
6    Section 20. Closure plan.
7    (a) An operator of a CCR unit required to close by removal
8under Section 15 must submit a closure plan to the Agency
9within 3 months after the effective date of this Act.
10    (b) The closure plan must specify measures that the
11operator will take to limit water pollution and air pollution
12from the CCR unit while removal of the CCR is ongoing. Those
13measures shall include, but are not limited to, the following:
14        (1) Measures to control CCR dust at the site during
15    removal, including, but not limited to: covering CCR
16    transport trucks; limiting the distance that CCR is dropped
17    from any storage facility or equipment into trucks or other
18    storage facilities; using water sprays or chemical
19    suppressants to limit dust during removal; loading,
20    unloading, or transfer operations; and suspending loading,
21    unloading, or transfer operations during high winds.
22        (2) Measures to minimize risk to workers while removal
23    is taking place, including, but not limited to: properly
24    located, calibrated, and operated dust monitors, checked
25    at determined intervals; provision of dust masks and suits

 

 

10100SB0009sam001- 12 -LRB101 06168 CPF 57857 a

1    for use during removal; enclosed areas set back from the
2    CCR unit where workers can store and change into regular
3    clothing; protected areas for workers to take breaks or eat
4    meals; and training for workers before they begin removal
5    activities about the contents and dangers of CCR dust, how
6    to protect against those dangers, and who to contact if
7    dust controls are not working.
8        (3) Measures to minimize the release of any CCR into
9    surface waters while removal is ongoing, which may include,
10    but are not limited to, silt dams, silt curtains, or
11    temporary barriers between the CCR unit and the surface
12    water.
13    (c) Together with any supporting materials, the closure
14plan shall be posted by the Agency on its website and made
15available for public review, comment, and public hearing, if
16requested, consistent with Sections 55, 60, and 65. The owner
17or operator that submits the closure plan shall also post the
18closure plan and any supporting materials on a publicly
19accessible website, that has no registration requirements,
20until the Agency has issued an approved closure plan.
21    (d) The Agency shall only approve a closure plan if it
22complies with the requirements of this Act. The Agency shall
23review the closure plan and make any changes it deems necessary
24to ensure compliance with this Act. In evaluating whether any
25changes to the closure plan are needed, the Agency shall
26consider the following:

 

 

10100SB0009sam001- 13 -LRB101 06168 CPF 57857 a

1        (1) The closure plan and all supporting documentation.
2        (2) All written comments received during the public
3    comment period on the closure plan.
4        (3) If applicable, testimony from any public hearing
5    held under Section 65.
6    Within 90 days after receiving the closure plan, the Agency
7shall approve the plan or approve it with any modifications the
8Agency deems necessary to ensure compliance with this Act. The
9Agency shall post the approved closure plan on its website, and
10the owner or operator who submits the closure plan shall post
11the approved closure plan on a publicly accessible website that
12has no registration requirements.
13    The Agency's approval of the approved closure plan under
14this Section shall be considered a final administrative
15decision subject to judicial review under the Administrative
16Review Law and the rules adopted under that Law.
 
17    Section 25. Local workers.
18    (a) An entity conducting closure activities, including
19removal of CCR, transport of CCR, or corrective action to
20remediate CCR pollution as set forth in Sections 15, 30, and
2150, shall, to the maximum extent practicable, utilize local
22labor and ensure that the work is performed by responsible
23contractors and subcontractors that pay workers, as evidenced
24by payroll and employee records, the prevailing wage and fair
25benefits, including employee health care coverage, pension or

 

 

10100SB0009sam001- 14 -LRB101 06168 CPF 57857 a

1401(k) benefits, and certified apprenticeship programs.
2    (b) A contractor or subcontractor shall keep a record of
3observing all local, State, and federal laws, including laws
4pertaining to withholding taxes, minimum and overtime wages,
5workers' compensation insurance, and occupational health and
6safety. A contractor working on the project shall keep an
7up-to-date list of its subcontractors.
 
8    Section 30. CCR transport.
9    (a) A CCR transport truck must carry manifests specifying,
10for each load of CCR transported, the following:
11        (1) The volume of the CCR.
12        (2) The location from which the CCR was loaded onto the
13    truck and the date the loading took place.
14        (3) The location where the CCR is being taken and the
15    date it will be delivered.
16        (4) A warning of the hazards of inhalation or ingestion
17    of CCR, instructions on how to prevent inhalation or
18    ingestion of CCR, and what to do if CCR is inhaled or
19    ingested.
20    (b) The operator of a CCR unit from which CCR is removed
21and transported off-site under Section 15 shall develop a CCR
22transportation plan in consultation with the unit of local
23government in which the CCR unit is located and any unit of
24local government within 2 miles of the CCR units in order to
25minimize the impact of any transport of CCR on adjacent

 

 

10100SB0009sam001- 15 -LRB101 06168 CPF 57857 a

1property owners and surrounding communities.
2    (c) The CCR transportation plan specified in subsection (b)
3shall do all of the following:
4        (1) Identify transportation options available in order
5    to transport removed CCR from the CCR unit. This may
6    include a combination of different transportation methods
7    as necessary to meet the closure time frame established in
8    Section 15.
9        (2) Specify plans for any transportation by truck,
10    including the frequency, time of day, and route of truck
11    travel, and measures to minimize noise, traffic, and safety
12    concerns caused by the truck travel.
13        (3) Specify measures to limit fugitive dust from any
14    transportation of CCR by truck. Measures to control
15    fugitive dust from truck travel include, but are not
16    limited to:
17            (A) regular maintenance of roads used for
18        transport of CCR;
19            (B) restricting the speed of CCR transport trucks;
20            (C) covering CCR transport trucks;
21            (D) limiting the distance that CCR is dropped from
22        any storage facilities or excavating equipment into
23        trucks; and
24            (E) suspending the loading, unloading, or transfer
25        of CCR during high winds.
26        (4) Specify measures to be used by CCR transport trucks

 

 

10100SB0009sam001- 16 -LRB101 06168 CPF 57857 a

1    to limit air pollution from trucks, which include, but are
2    not limited to:
3            (A) restrictions on fuel type;
4            (B) minimum fuel efficiency requirements;
5            (C) air pollution control equipment requirements;
6        and
7            (D) limits on idling.
8    If transportation of CCR is not by truck, the owner or
9operator shall specify similar measures to control fugitive CCR
10dust pollution when it is transported using other modes of
11transportation.
12    (d) No CCR that is removed from a CCR unit may be
13transported without a CCR transport permit approved by the
14Agency.
15        (1) An operator of any CCR unit from which CCR is
16    removed that seeks to transport that CCR off-site for
17    disposal in an off-site landfill or through beneficial use
18    shall, within 60 days after the effective date of this Act,
19    submit an application for a CCR transport permit to the
20    Agency. The permit application shall be accompanied by the
21    fee required under subsection (g) of Section 10 and shall
22    consist of the following additional materials:
23            (A) the CCR transportation plan developed under
24        subsections (b) and (c); and
25            (B) a certification that the operator shall only
26        transport CCR, or contract for transport with an entity

 

 

10100SB0009sam001- 17 -LRB101 06168 CPF 57857 a

1        that will transport CCR, in accordance with the
2        manifest requirements of subsection (a) as well as the
3        CCR transportation plan.
4        (2) If the Agency determines that an application for a
5    CCR transport permit satisfies the requirements of this
6    Act, the Agency shall prepare a draft CCR transport permit
7    within 60 days after receipt of the application for the CCR
8    transport permit. The draft CCR transport permit shall:
9            (A) approve, disapprove, or approve with any
10        conditions the Agency deems necessary the CCR
11        transportation plan, which shall be incorporated as a
12        condition of the CCR transport permit; and
13            (B) require compliance with the manifest
14        requirements set out in subsection (a) as a condition
15        of the CCR transport permit.
16        (3) Together with the permit application and any
17    supporting materials, the draft CCR transport permit shall
18    be posted by the Agency on its website and made available
19    for public review, comment, and, if requested, public
20    hearing, consistent with Sections 55, 60, and 65. The
21    applicant shall post the permit application, supporting
22    materials, and draft CCR transport permit on a publicly
23    accessible website that has no registration requirements
24    and shall keep those documents posted until the Agency has
25    issued a final CCR transport permit or denied the permit
26    application.

 

 

10100SB0009sam001- 18 -LRB101 06168 CPF 57857 a

1    (e) Within 120 days after receipt of an application for a
2CCR transport permit, the Agency shall determine whether to
3issue a final CCR transport permit. In determining whether to
4issue the permit, the Agency shall consider the following:
5        (1) The CCR transport permit application and all
6    supporting documentation.
7        (2) All written comments received during the public
8    comment period on the draft CCR transport permit.
9        (3) If applicable, testimony from any public hearing
10    held under Section 65.
11    (f) The Agency shall only issue a final CCR transport
12permit if:
13        (1) the applicant has submitted a complete application
14    for a CCR transport permit under paragraph (1) of
15    subsection (d); and
16        (2) the CCR transportation plan meets the requirements
17    under subsections (b) and (c).
18    (g) The final CCR transport permit shall, at minimum,
19comply with the following:
20        (1) incorporate the CCR transportation plan, with any
21    modifications the Agency deems necessary, as a permit
22    condition or conditions;
23        (2) require compliance with the manifest system set out
24    in subsection (a) as a permit condition; and
25        (3) any other terms or conditions the Agency deems
26    necessary.

 

 

10100SB0009sam001- 19 -LRB101 06168 CPF 57857 a

1    The Agency shall post the final CCR transport permit or
2notice of denial of the CCR transport permit application on its
3website. The applicant shall post the final CCR transport
4permit or notice of denial on a publicly accessible website
5that has no registration requirements.
6    The Agency's decision to issue a final CCR transport permit
7or deny an application for a permit under this Section shall be
8considered a final administrative decision subject to judicial
9review under the Administrative Review Law and the rules
10adopted under that Law.
 
11    Section 35. Off-site landfill disposal.
12    (a) No CCR removed from a CCR unit under this Act may be
13disposed of in a landfill off of the property on which the CCR
14unit is located without approval from the Agency.
15    (b) If CCR removed from a CCR unit is to be disposed of in a
16landfill off of the property on which the CCR unit is located,
17the operator of the CCR unit must, within 90 days after the
18effective date of this Act, submit to the Agency an evaluation
19of alternatives accompanied by the fee required under
20subsection (g) of Section 10. The evaluation must conform with
21all of the following:
22        (1) Identify any landfills meeting the requirements of
23    subparagraph (B) of paragraph (3) of subsection (a) of
24    Section 15 that are within 100 miles of the CCR unit from
25    which the CCR will be removed.

 

 

10100SB0009sam001- 20 -LRB101 06168 CPF 57857 a

1        (2) Include documentation demonstrating that the
2    landfill meets the requirements of subparagraph (B) of
3    paragraph (3) of subsection (a) of Section 15.
4        (3) Set forth the demographics of the municipality, if
5    applicable, where each landfill is located, including
6    whether the municipality is a potential environmental
7    justice community.
8        (4) State the volume of CCR that could be deposited in
9    each landfill identified in paragraph (1).
10        (5) Identify the landfill in which the operator
11    proposes to dispose of CCR.
12    If the landfill proposed by the operator for CCR disposal
13is located in a potential environmental justice community, the
14operator must show that it is not technically feasible to
15dispose of the CCR in any other landfill within 100 miles of
16the CCR unit that meets the requirements of subparagraph (B) of
17paragraph (3) of subsection (a) of Section 15.
18    The Agency shall post the evaluation of alternatives and
19any supporting documentation on its website and make them
20available for public review, comment, and, if requested, public
21hearing in accordance with Sections 55, 60, and 65. The
22applicant shall post the evaluation of alternatives and
23supporting materials on a publicly accessible website that has
24no registration requirements.
25    (c) The Agency shall review the evaluation of alternatives.
26For the purpose of determining whether to approve the disposal

 

 

10100SB0009sam001- 21 -LRB101 06168 CPF 57857 a

1site proposed in the evaluation of alternatives, the Agency
2shall consider the following:
3        (1) The evaluation of alternatives and all supporting
4    documentation.
5        (2) All written comments received during the public
6    comment period.
7        (3) If applicable, testimony from any public hearing
8    held under Section 65.
9    Within 90 days of receipt of the evaluation of
10alternatives, the Agency shall approve, deny, or approve with
11conditions the disposal of CCR in the landfill proposed by the
12operator in paragraph (5) of subsection (b).
13    (d) The Agency may only approve the disposal site proposed
14in the evaluation of alternatives if:
15        (1) The applicant has submitted a complete evaluation
16    of alternatives with all required supporting
17    documentation.
18        (2) The applicant demonstrates that the landfill
19    proposed for CCR disposal meets the requirements of
20    subparagraph (B) of paragraph (3) of subsection (a) of
21    Section 15.
22        (3) If the landfill proposed for CCR disposal is
23    located in a potential environmental justice community,
24    the operator demonstrates that it is not technically
25    feasible to dispose of the CCR in any other landfill within
26    100 miles of the CCR unit that meets the requirements of

 

 

10100SB0009sam001- 22 -LRB101 06168 CPF 57857 a

1    subparagraph (B) of paragraph (3) of subsection (a) of
2    Section 15.
3    If the Agency denies disposal in the landfill proposed by
4the operator of the CCR unit, the Agency shall, in the notice
5of denial, specify any acceptable landfills for CCR disposal
6that meet the requirements of subparagraph (B) of paragraph (3)
7of subsection (a) of Section 15. The operator may dispose of
8the CCR in any landfill specified by the Agency that is not
9within a potential environmental justice community.
10    The Agency shall post its notice of approval, denial, or
11approval with conditions, under this subsection, on its
12website. The applicant shall post the notice of approval,
13notice of denial, and notice of approval with conditions, as
14well as the evaluation of benefits and supporting materials on
15a publicly accessible website that has no registration
16requirements.
17    The Agency's decision to approve, deny, or approve with
18conditions the landfill proposed for disposal of CCR under this
19Section shall be considered a final administrative decision
20subject to judicial review under the Administrative Review Law
21as now or hereafter amended, and the rules adopted under that
22Law.
 
23    Section 40. Beneficial use permit.
24    (a) Notwithstanding any other provision of law, no CCR
25removed from any CCR unit under Section 15 may be beneficially

 

 

10100SB0009sam001- 23 -LRB101 06168 CPF 57857 a

1used in this State unless the Agency has issued a beneficial
2use permit for that CCR under this Act.
3    (b) Every operator that seeks to dispose of CCR removed
4under Section 15 by means of beneficial use must submit to the
5Agency an application for a beneficial use permit. The
6application shall be accompanied by the fee required by
7subsection (g) of Section 10 and shall contain the following:
8        (1) The name and address of the operator, and any
9    parent or subsidiary entity thereof, of the CCR unit from
10    which the CCR will be removed.
11        (2) The name and address of any person proposing to
12    beneficially use the CCR.
13        (3) The proposed encapsulated beneficial use for which
14    the CCR will be used.
15        (4) The volume of CCR to be beneficially used.
16        (5) The location at which the beneficially used CCR
17    will be used, if available.
18        (6) An explanation, with supporting documentation, of
19    how the CCR proposed to be beneficially used will be stored
20    in accordance with the requirements of subsection (c).
21        (7) The results of a LEAF leach test of the CCR
22    performed in accordance with subsection (d), if
23    applicable.
24    (c) CCR removed from a CCR unit that will be, but has not
25yet been, beneficially used in accordance with this Act must be
26stored and handled in the following manner:

 

 

10100SB0009sam001- 24 -LRB101 06168 CPF 57857 a

1        (1) The CCR must be stored in an enclosed vessel or
2    space, including, but not limited to, a building or a
3    covered silo, bin, or tank, that is located at least 40
4    feet from any waterway and has an impermeable floor or is
5    set on an impermeable surface.
6        (2) Measures must be taken to limit CCR dust pollution
7    during the loading, unloading, and transferring of the CCR,
8    including:
9            (A) using water sprays or chemical dust
10        suppressants to limit dust during loading, unloading,
11        and transferring of the CCR;
12            (B) limiting the distance that the CCR is dropped
13        during the loading, unloading, and transferring of the
14        CCR to no more than 5 feet; and
15            (C) suspending the loading, unloading, and
16        transferring of the CCR during high winds.
17    (d) Prior to submitting an application for a beneficial use
18permit, an operator of a CCR unit that seeks to dispose of CCR
19through beneficial use must conduct an independent LEAF leach
20test on that CCR. An independent LEAF leach test shall be
21performed on CCR taken from each CCR unit.
22    (e) If the Agency determines that the application satisfies
23the requirements of this Act, the Agency shall, within 60 days
24after receiving the application for a beneficial use permit,
25issue a draft beneficial use permit. The draft beneficial use
26permit shall propose to approve, disapprove, or approve with

 

 

10100SB0009sam001- 25 -LRB101 06168 CPF 57857 a

1conditions the beneficial use permit.
2    (f) Together with the beneficial use permit application and
3any supporting materials, the draft beneficial use permit shall
4be posted by the Agency on its website and made available for
5public review, comment, and, if requested, public hearing,
6consistent with Sections 55, 60, and 65. The applicant shall
7post the draft permit, application, and supporting materials on
8a publicly accessible website that has no registration
9requirements until the Agency has issued a final beneficial use
10permit or denied the permit application.
11    (g) The Agency shall determine whether to issue a final
12beneficial use permit. For the purpose of determining whether
13to issue such permit, the Agency shall consider the following:
14        (1) The beneficial use permit application and all
15    supporting documentation.
16        (2) All written comments received during the public
17    comment period on the draft beneficial use permit.
18        (3) If applicable, testimony from any public hearing
19    held under Section 65.
20    (h) The Agency shall only issue a final beneficial use
21permit if:
22        (1) The applicant submits a complete application for a
23    beneficial use permit consistent with this Section.
24        (2) The applicant demonstrates that the applicant will
25    comply with the storage requirements set forth in
26    subsection (c).

 

 

10100SB0009sam001- 26 -LRB101 06168 CPF 57857 a

1        (3) The results of the LEAF leach tests of the CCR
2    proposed to be beneficially used, performed in accordance
3    with subsection (d), do not show concentrations of CCR
4    pollutants in excess of Class I groundwater standards set
5    forth in Section 620.410 of Title 35 of the Illinois
6    Administrative Code for any CCR pollutants. If no Class I
7    standard has been set for a CCR pollutant, the LEAF leach
8    tests must not show concentrations exceeding the
9    groundwater protection standard set by the U.S.
10    Environmental Protection Agency for that pollutant under
11    40 C.F.R. 257.95(h).
12        (4) The application satisfies all relevant
13    requirements of this Act.
14    (i) The final beneficial use permit shall, at minimum, (i)
15incorporate proposals and representations in the application,
16as appropriate, as conditions in order to ensure compliance
17with this Act; and (ii) require compliance with CCR storage
18provisions set forth in subsection (c). The Agency may include
19other terms and conditions that it deems necessary.
20        (1) The Agency shall post the final beneficial use
21    permit or notice of denial of the beneficial use permit
22    application on its website. The applicant shall post the
23    final beneficial use permit or notice of denial on a
24    publicly accessible website that has no registration
25    requirements.
26        (2) The Agency's decision to issue or deny a final

 

 

10100SB0009sam001- 27 -LRB101 06168 CPF 57857 a

1    beneficial use permit under this Section shall be
2    considered a final administrative decision subject to
3    judicial review under the Administrative Review Law, and
4    the rules adopted under that Law.
 
5    Section 45. Closure progress reports.
6    (a) On or before October 1, 2022, and on October 1st of
7each even-numbered year thereafter, until closure of all of a
8facility's CCR units is complete, the operator of a CCR unit
9subject to Sections 15 and 20 shall compile the following 2
10reports:
11        (1) A report regarding the closure plan containing the
12    following:
13            (A) A description of the owner's or operator's
14        closure plan for all CCR units.
15            (B) The closure progress as of the date of the
16        report, both per unit and in total.
17            (C) A detailed accounting of the amounts of CCR
18        that have been and are expected to be beneficially used
19        from CCR units, both per unit and in total.
20            (D) A detailed accounting of the amounts of CCR
21        that have been and are expected to be landfilled from
22        units, both per unit and in total.
23            (E) A detailed accounting of the CCR
24        transportation plan as required under Section 30.
25            (F) The results of groundwater and surface water

 

 

10100SB0009sam001- 28 -LRB101 06168 CPF 57857 a

1        monitoring conducted under the closure plan and any
2        measures taken to address the results as closure is
3        being or has been completed.
4        (2) A report on any beneficial use permits or
5    beneficial use permit applications under Section 40
6    summarizing the types of encapsulated beneficial use for
7    which removed CCR has been or is being used and any
8    obstacles to increased encapsulated beneficial use that
9    the owner or operator encountered over the reporting
10    period.
11    (b) The owner or operator shall post each report on a
12publicly accessible website that has no registration
13requirements, and shall submit each such report to the Agency,
14the Governor, and the General Assembly.
 
15    Section 50. Corrective action and clean drinking water.
16    (a) An owner or operator of a CCR unit from which CCR is
17required to be removed under Section 15 shall, within one year
18after the effective date of this Act, conduct a comprehensive
19evaluation of the extent of CCR pollution of groundwater,
20surface water, and soils at any property surrounding the
21property on which a CCR unit is located.
22    (b) As part of the evaluation of pollution required under
23subsection (a) and continuing through completion of corrective
24action under subsection (e), an owner or operator must conduct
25the following:

 

 

10100SB0009sam001- 29 -LRB101 06168 CPF 57857 a

1        (1) Groundwater monitoring in accordance with 40
2    C.F.R. 257.90 through 257.95, except that:
3            (A) Wells designated as "background" or
4        "upgradient wells" under 40 C.F.R. 257.91 must not be
5        affected by leakage from any CCR, regardless of whether
6        the CCR is in a CCR unit or not.
7            (B) Wells designated as "downgradient" under 40
8        C.F.R. 257.91 must be sufficient in number and adequate
9        in location to detect leakage from any CCR on the
10        property, regardless of whether the CCR is in a CCR
11        unit or not.
12            (C) Pollutants monitored during assessment
13        monitoring under 40 C.F.R. 257.95 shall be CCR
14        pollutants.
15        (2) Semi-annual monitoring of discharges of CCR
16    pollutants into any adjacent surface waters from the CCR
17    unit, including seeps where groundwater is discharging
18    into surface water.
19    (c) Within 18 months after the effective date of this Act,
20an owner or operator must develop and submit to the Agency a
21draft corrective action plan discussing how to decontaminate
22any groundwater, surface water, or soils affected by leakage or
23leachate from the CCR unit. The draft corrective action plan
24must:
25        (1) Describe the findings of the comprehensive
26    evaluation of CCR pollution required under subsection (a).

 

 

10100SB0009sam001- 30 -LRB101 06168 CPF 57857 a

1        (2) Provide for groundwater and surface water
2    monitoring in accordance with subsection (b).
3        (3) Include a discussion of measures that could be used
4    to decontaminate the site in order to complete corrective
5    action, as specified in subsection (h).
6        (4) Set forth a proposal specifying which corrective
7    action measures the owner or operator proposes to implement
8    in order to complete corrective action as quickly as
9    possible.
10    (d) Within 60 days after receiving a draft corrective
11action plan, the Agency shall review the draft corrective plan
12for completeness and to determine if it satisfies compliance
13with the requirements of subsection (c).
14    If the Agency determines that the draft corrective action
15plan is complete and satisfies the requirements of subsection
16(c), the Agency shall, within 90 days after making that
17determination, issue a proposed corrective action plan.
18    If the Agency determines that the draft corrective action
19plan is incomplete or does not satisfy the requirements of
20subsection (c), the applicant shall have no more than 90 days
21after the Agency's determination to correct any deficiencies
22identified by the Agency. If the applicant fails to correct
23those deficiencies within 90 days, the Agency shall have 90
24additional days to issue a proposed corrective action plan.
25    (e) Together with the draft corrective action plan and any
26supporting materials, the proposed corrective action plan

 

 

10100SB0009sam001- 31 -LRB101 06168 CPF 57857 a

1shall be posted by the Agency on its website and made available
2for public review, comment, and, if requested, public hearing,
3consistent with Sections 55, 60, and 65. The applicant shall
4post the draft corrective action plan, proposed corrective
5action plan, and supporting materials on a publicly accessible
6website that has no registration requirements until the Agency
7has issued a final corrective action plan.
8    (f) Within 120 days after issuing the proposed corrective
9action plan, the Agency shall issue a final corrective action
10plan. In determining whether the final corrective action plan
11requires any changes from the proposed corrective action plan,
12the Agency shall consider:
13        (1) The draft corrective action plan and all supporting
14    documentation.
15        (2) All written comments received during the public
16    comment period on the proposed corrective action plan.
17        (3) If applicable, testimony from any public hearing
18    held under Section 65.
19    (f-5) No final corrective action plan shall be issued
20unless it satisfies all applicable requirements of this Act. At
21minimum, the final corrective action plan must comply with the
22following:
23        (1) Describe the findings of the comprehensive
24    evaluation of CCR pollution required under subsection (a).
25        (2) Provide for groundwater and surface water
26    monitoring in accordance with subsection (b).

 

 

10100SB0009sam001- 32 -LRB101 06168 CPF 57857 a

1        (3) Set forth the measures that will be used to
2    decontaminate the site in order to complete corrective
3    action, as specified in subsection (h).
4        (4) Set forth a timeline for completing corrective
5    action, as specified in subsection (h).
6    The Agency shall post the final corrective action plan on
7its website, and the owner or operator who submitted the draft
8corrective action plan shall post the final corrective action
9plan on a publicly accessible website that has no registration
10requirements.
11    The Agency's approval of the final corrective action plan
12under this Section shall be considered a final administrative
13decision subject to judicial review under the Administrative
14Review Law, and the rules adopted under that Law.
15    (g) Once approved by the Agency following the procedures
16set forth in this Section, the final corrective action plan
17shall remain in effect until the corrective action is completed
18and decontamination is achieved in accordance with subsection
19(h). The Agency must issue a confirmation of completion of
20corrective action before financial assurance under Section 75
21is released.
22    (h) Corrective action is not complete at a CCR unit until
23each of the following has occurred:
24        (1) All soils contaminated with CCR have been removed
25    and disposed of in a landfill that is safe, modern, and
26    lined.

 

 

10100SB0009sam001- 33 -LRB101 06168 CPF 57857 a

1        (2) The concentrations of all CCR pollutants in
2    downgradient groundwater monitoring wells at the site that
3    form part of the groundwater monitoring system required
4    under paragraph (1) of subsection (b) comply with the Class
5    1 groundwater standards set forth under Section 620.410 of
6    Title 35 of the Illinois Administrative Code. If no Class I
7    standard has been set for a CCR pollutant, concentrations
8    of all CCR pollutants must comply with the groundwater
9    protection standard set forth by the U.S. Environmental
10    Protection Agency for that pollutant under 40 C.F.R.
11    257.95(h). Compliance occurs when concentrations of CCR
12    pollutants have not exceeded the Class I standards set
13    forth under Section 620.410 of Title 35 of the Illinois
14    Administrative Code or, if applicable, the groundwater
15    protection standard under 40 C.F.R. 257.95(h), for a period
16    of 3 consecutive years using the statistical procedures and
17    performance standards set forth under 40 C.F.R. 257.93(f)
18    and 40 C.F.R. 257.93(g).
19    (i) During the closure process, an owner or operator shall,
20at the owner or operator's expense if accepted, offer to
21provide a connection to a municipal water supply. Where a
22connection to a municipal water supply is not feasible, an
23owner or operator shall, at the owner or operator's expense if
24accepted, offer to provide water testing for any residence
25within 1/2 mile of the CCR unit.
26    If the testing conducted under paragraph (1) of subsection

 

 

10100SB0009sam001- 34 -LRB101 06168 CPF 57857 a

1(h) reveals CCR pollutants in excess of Class I groundwater
2standards set forth under Section 620.410 of Title 35 of the
3Illinois Administrative Code, the operator shall replace the
4affected water supply with an alternative source of clean
5drinking water. Where Class I standards have not been set for a
6CCR pollutant, the groundwater protection standard shall be
7that set forth by the U.S. Environmental Protection Agency
8under 40 C.F.R. 257.95(h).
 
9    Section 55. Public notice.
10    (a) Within one week of receiving a closure plan, CCR
11transport permit application, evaluation of alternatives,
12beneficial use permit application, or draft corrective action
13plan, the Agency shall post notice of its receipt of that
14document as well as a copy of the document and supporting
15materials on its website. The Agency shall also send, via
16email, notice of receipt of those documents to the State
17Senator, State Representative, county board chair, mayor, and
18township supervisor of the location of the CCR unit at issue,
19as well as to a mailing list of persons seeking to be notified
20of such documents and subsequent permitting proceedings. An
21owner or operator that submits a closure plan, CCR transport
22permit application, evaluation of alternatives, beneficial use
23permit application, or draft corrective action plan shall
24publish notice of the submission of that document in a
25newspaper circulating in the unit of local government where the

 

 

10100SB0009sam001- 35 -LRB101 06168 CPF 57857 a

1CCR unit is located.
2    (b) If the Agency issues a draft permit or proposed
3corrective action plan under this Act, within one week of
4issuing the draft permit or proposed corrective action plan the
5Agency shall post notice of issuance of that document on its
6website, together with a copy of the draft permit or proposed
7correction action plan, permit application, and all supporting
8materials. The Agency shall also send, via email, notice of
9issuance of the draft permit to the State Senator, State
10Representative, county board chair, mayor, and township
11supervisor of the location of the CCR unit at issue, as well as
12to the mailing list referenced in subsection (a). An owner or
13operator that submits a plan or permit application shall
14publish notice of any such draft permit or proposed corrective
15action plan within one week of issuance of the document in a
16newspaper circulating in the unit of local government where the
17CCR unit is located.
18    (c) A notice of application, draft permit, or proposed
19corrective action plan shall include the following:
20        (1) The name of the applicant.
21        (2) The type of document available for review.
22        (3) The name of a person at the Agency available to
23    contact for questions.
24        (4) The dates of the public comment period, where
25    applicable.
26        (5) Directions for interested parties to submit

 

 

10100SB0009sam001- 36 -LRB101 06168 CPF 57857 a

1    comments and request a public hearing on the document in
2    accordance with Section 65.
3        (6) The Agency's website and, where applicable, the
4    operator's website at which the draft permit or proposed
5    corrective action plan, permit application, and supporting
6    materials shall be made available for review.
7        (7) Directions on how to sign up for the mailing list
8    referenced in subsection (a).
9    (d) If the Agency issues a final permit or plan approval,
10it shall post notice of issuance of the final permit or plan
11approval on its website, together with a copy of the permit
12application and all supporting materials. The Agency shall also
13send, via email, notice of issuance of the final permit or plan
14approval to the mailing list referenced in subsection (a).
 
15    Section 60. Public comment.
16    (a) Public comment periods under this Act shall be 40 days.
17The Agency may grant extensions of the comment period of no
18more than 15 days if it receives an extension request and the
19requester demonstrates a need for the extension.
20    (b) The public comment period on a closure plan, evaluation
21of benefits, draft CCR transport permit, draft beneficial use
22permit, or proposed corrective action plan shall begin within 7
23calendar days after the referenced document is posted on the
24Agency's website.
25    (c) During a public comment period, any person may submit

 

 

10100SB0009sam001- 37 -LRB101 06168 CPF 57857 a

1written comments to the Agency concerning any portion of the
2draft CCR transport permit, draft beneficial use permit,
3evaluation of benefits, closure plan, proposed corrective
4action plan, or associated permit applications or supporting
5materials, as well as comments concerning any issue relating to
6the applicant's compliance with the requirements of this Act or
7any other applicable laws. A person who submits a public
8comment to the Agency concerning any of the documents
9referenced in this subsection is a party to the proceeding
10concerning that document for purposes of the Administrative
11Review Law.
12    (d) The Agency may ask the applicant to respond to any
13substantive public comments received during the comment
14period.
 
15    Section 65. Public hearing.
16    (a) A person having an interest which is or may be
17adversely affected by approval of a closure plan, CCR transport
18permit, beneficial use permit, evaluation of alternatives, or
19proposed corrective action plan may request a public hearing on
20that permit, plan, or proposal during the public comment period
21established under Section 60. The Agency shall hold a public
22hearing upon request by any such requester.
23    (b) At least 10 calendar days before the date of the public
24hearing, the Agency shall publish notice of the public hearing
25on its website and in a newspaper of general circulation

 

 

10100SB0009sam001- 38 -LRB101 06168 CPF 57857 a

1published in the unit of local government where the CCR unit at
2issue is located. The Agency shall also notify, via email,
3persons on the mailing list referenced in subsection (a) of
4Section 55 of the hearing. The notice shall contain the
5location, date, and time the public hearing is to take place,
6as well as information on whom to contact with questions and
7instructions on how to sign up to testify at the hearing.
8    (c) The Agency shall hold the public hearing in an easily
9accessible location as close to the CCR unit as feasible. The
10hearing shall be held during evening or weekend hours to
11facilitate attendance. The hearing shall be scheduled for no
12fewer than 2 hours, although the Agency may end the hearing
13after one hour if all persons who signed up to testify have
14already testified.
15    (d) A person who signs up to testify at the public hearing
16shall be allowed to testify, provided the person attends the
17hearing. The Agency shall post a sign-up form on its website in
18which a person seeking to testify shall note his or her name,
19address, and email address. The Agency shall also have a
20sign-up form available at the hearing that requests the same
21information.
22    (e) The public hearing shall serve as an opportunity for
23the public to voice concerns about a document at issue, as well
24as an opportunity to ask questions of the Agency or the owner
25or operator of the CCR unit for which the document was
26submitted. At least one representative of the Agency and the

 

 

10100SB0009sam001- 39 -LRB101 06168 CPF 57857 a

1applicant shall attend the public hearing, and at least 20
2minutes shall be set aside for the public to ask those
3representatives questions relevant to the permit or plan at
4issue. Any person who testifies at a public hearing concerning
5a permit or plan under this Section is a party to the
6proceeding concerning that document for purposes of the
7Administrative Review Law.
8    (f) A complete electronic record or transcript of the
9hearing and all testimony shall be made by the Agency. The
10complete record shall be posted on the Agency's website until
11closure and decontamination of the CCR unit at issue are
12complete.
 
13    Section 70. Permit and plan conditions and modifications.
14    (a) Each closure plan, CCR transport permit, beneficial use
15permit, evaluation of alternatives, and final corrective
16action plan approved or issued by the Agency under this Act
17shall require the permittee to comply with all provisions of
18this Act and all other applicable local, State, and federal
19laws, rules, and regulations in effect at the time the permit
20is issued.
21    (b) An approved closure plan issued under this Act shall
22continue in effect until closure is complete under Section 15.
23A CCR transport permit issued under this Act shall continue in
24effect until all CCR has been transported to a landfill or for
25beneficial reuse. A beneficial use permit issued under Section

 

 

10100SB0009sam001- 40 -LRB101 06168 CPF 57857 a

140 shall continue in effect until all the CCR governed by that
2permit has been beneficially used in encapsulated beneficial
3use. A final corrective action plan issued under this Act shall
4continue in effect until the plan has been achieved and
5corrective action is complete as specified in Section 50.
6    (c) No closure plan, CCR transport permit, beneficial use
7permit, or final corrective action plan issued under this Act
8may be modified without approval of the Agency. If the Agency
9determines that a proposed modification constitutes a
10significant deviation from the terms of the original
11application and permit or plan approval, or presents a serious
12risk to public health, life, property, aquatic life, or
13wildlife, the Agency shall provide the public notice required
14under Section 55 and the opportunities for comment and hearing
15required under Sections 60 and 65. Any owner or operator
16seeking a permit modification shall pay a fee in the amount
17specified in subsection (g) of Section 10 for processing of
18that modification.
 
19    Section 75. Financial assurance.
20    (a) The owner or operator of a CCR unit located in Illinois
21is required to provide and maintain financial assurance for
22closure and corrective action in accordance with this Act.
23    (b) Financial assurance for closure must be provided and
24maintained in amounts sufficient to cover all costs associated
25with closure, including, but not limited to, the following:

 

 

10100SB0009sam001- 41 -LRB101 06168 CPF 57857 a

1        (1) removal of all CCR from the CCR unit under Section
2    15; and
3        (2) transport of the removed CCR to an approved
4    landfill or for beneficial use, in accordance with Sections
5    30, 35, and 40.
6    Financial assurance for closure must be maintained, and
7will not be released, until the Agency has confirmed that
8closure is complete under Section 15.
9    (c) Financial assurance for corrective action must be
10provided and maintained in amounts sufficient to cover all
11costs associated with complying with Section 50, including
12undertaking the comprehensive evaluation of pollution,
13conducting groundwater and surface water monitoring, and
14developing and implementing the final corrective action plan.
15Financial assurance for corrective action must be maintained,
16and will not be released, until the Agency has confirmed the
17completion of correction action under Section 50.
18    (d) To ensure financial assurance is provided in adequate
19amounts, an owner or operator of a CCR unit shall submit to the
20Agency the following:
21        (1) An initial cost estimate for closure, consistent
22    with subsection (b), within 6 months after the effective
23    date of this Act.
24        (2) Annual revised cost estimates for closure based on
25    any changed circumstances or information available to the
26    owner or operator, taking into account inflation.

 

 

10100SB0009sam001- 42 -LRB101 06168 CPF 57857 a

1        (3) An initial cost estimate for corrective action
2    within 3 months after the Agency approves any final
3    corrective action plan required under Section 50.
4        (4) Annual revised cost estimates for corrective
5    action based on any changed circumstances or information
6    available to the owner or operator, taking into account
7    inflation.
8    (e) Acceptable financial assurance mechanisms for use
9under this Section include, but are not limited to, the
10following:
11        (1) cash, certified check, or money order payable to a
12    bank account set up by the Agency for the sole purpose of
13    holding financial assurance funds under this Act;
14        (2) certificate of deposit;
15        (3) surety bond;
16        (4) irrevocable letter of credit; or
17        (5) escrow account.
18    Neither a corporate guarantee nor a corporate financial
19test may be used to satisfy the requirements of this Section.
20    (f) The Agency shall adopt rules to further clarify and
21specify requirements for financial assurance consistent with
22this Act.
23    (g) If, after notice and hearing, the Agency determines
24that an owner or operator of a CCR unit is not removing CCR
25from a CCR unit as required under Section 15, the permittee's
26financial assurance for closure shall then be forfeited.

 

 

10100SB0009sam001- 43 -LRB101 06168 CPF 57857 a

1Forfeiture under this subsection shall not limit any duty of
2the permittee to mitigate or remediate harms or foreclose
3enforcement by the Agency. Forfeiture of financial assurance
4for closure does not count toward any penalty imposed on the
5owner or operator of the CCR unit.
6    If, after notice and hearing, the Agency determines that an
7owner or operator of a CCR unit is not implementing a final
8corrective action plan as required under Section 50, the
9permittee's financial assurance for corrective action shall
10then be forfeited. Forfeiture under this subsection shall not
11limit any duty of the permittee to mitigate or remediate harms
12or foreclose enforcement by the Agency. Forfeiture of financial
13assurance for corrective action does not count toward any
14penalty imposed on the owner or operator of the CCR unit.
15    When any financial assurance is forfeited under the
16provisions of this Act or rules adopted under this Act, the
17Agency shall collect the forfeiture without delay. All
18forfeitures shall be deposited in a fund set up by the Agency
19to be used, as necessary, to mitigate or remediate violations
20of this Act or rules adopted under this Act.
 
21    Section 80. Elimination of wet or unlined CCR disposal.
22Beginning 18 months after the effective date of this Act, no
23CCR generated in Illinois may be treated, stored, or disposed
24of in a CCR surface impoundment or unlined CCR landfill.
 

 

 

10100SB0009sam001- 44 -LRB101 06168 CPF 57857 a

1    Section 85. Violations; penalties.
2    (a) Any person who violates this Act or a permit, plan, or
3rule issued, approved, or adopted under this Act commits open
4dumping as defined in the Illinois Environmental Protection Act
5and is subject to administrative penalties, civil liability,
6or, where appropriate, criminal prosecution.
7    (b) The Agency shall issue rules specifying the
8administrative or civil penalties or criminal fines to which a
9person in violation of this Act may be subject, which shall be
10consistent with penalties, fines, and liability for open
11dumping violations under the Illinois Environmental Protection
12Act.
13    (c) Any person who knowingly makes a false, fictitious, or
14fraudulent material statement, orally or in writing, to the
15Agency that is related to or required by this Act, a rule
16adopted under this Act, or any permit, term, or condition
17thereof, commits a Class 4 felony, and each such statement or
18writing shall be considered a separate violation.
19    (d) The State's Attorney of the county in which the
20violation occurred, or the Attorney General, may, at the
21request of the Agency or on his or her own motion, institute a
22civil action for an injunction, prohibitory or mandatory, to
23restrain violations of this Act, a rule or regulation adopted
24under this Act, a permit or term or condition of the permit, or
25to require other civil or criminal actions as may be necessary
26to address violations of this Act, any rule adopted under this

 

 

10100SB0009sam001- 45 -LRB101 06168 CPF 57857 a

1Act, or a permit or term or condition of a permit issued under
2this Act.
3    (e) Any criminal action provided for under this Section
4shall be brought by the State's Attorney of the county in which
5the violation occurred or by the Attorney General and shall be
6conducted in accordance with the applicable provision of the
7Code of Criminal Procedure of 1963. The limitations period for
8violations of this Section shall not begin to run until the
9offense is discovered by or reported to a State or local agency
10having authority to investigate violations of this Act.
11    (f) The State's Attorney of the county in which the
12violation occurred or the Attorney General shall bring actions
13under this Section in the name of the People of the State of
14Illinois. Without limiting any other authority that may exist
15for the awarding of attorney's fees and costs, a court of
16competent jurisdiction may award costs and reasonable
17attorney's fees, including the reasonable costs of expert
18witnesses and consultants, to the State's Attorney or the
19Attorney General in a case where he or she has prevailed
20against a person who has committed a knowing or repeated
21violation of this Act, any rule adopted under this Act, or a
22permit or term or condition of a permit issued under this Act.
23    (g) Any person with an interest that is or may be adversely
24affected by a violation of this Act may institute a civil
25action for an injunction to restrain a violation of this Act,
26any rule or regulation adopted under this Act, a permit issued

 

 

10100SB0009sam001- 46 -LRB101 06168 CPF 57857 a

1or plan approved under this Act, or term or condition of a
2permit issued under this Act, or for civil penalties for
3violations of this Act, any rule adopted under this Act, a
4permit issued under this Act or term or condition of a permit
5issued under this Act. Any civil action shall be brought before
6the circuit court of the county in which the violation occurred
7or in the circuit court of Sangamon County. Venue shall be
8considered proper in either court. Except as otherwise provided
9in this Act, all civil penalties collected shall be deposited
10in an account set up by the Agency within the Environmental
11Protection Trust Fund for addressing violations of this Act.
12    (h) All final orders imposing civil penalties under this
13Section shall prescribe the time for payment of those
14penalties. If any penalty is not paid within the time
15prescribed, interest on the penalty at the rate set forth in
16subsection (a) of Section 1003 of the Illinois Income Tax Act
17shall be paid for the period from the date the payment is due
18until the date the payment is received. However, if the time
19for payment is stayed during the pendency of an appeal,
20interest shall not accrue during the stay.
 
21    Section 90. Applicable federal, State, and local laws.
22    (a) Compliance with this Act does not relieve
23responsibility for compliance with the Illinois Environmental
24Protection Act and other applicable federal, State, and local
25laws. This Act is intended to be more protective than federal

 

 

10100SB0009sam001- 47 -LRB101 06168 CPF 57857 a

1regulations and should be construed accordingly.
2    (b) Nothing in this Act shall be construed to preempt any
3local laws that may otherwise operate to affect, govern, limit,
4or prohibit disposal of CCR otherwise allowed under this Act.
 
5    Section 900. The Environmental Protection Act is amended by
6changing Section 3.135 as follows:
 
7    (415 ILCS 5/3.135)  (was 415 ILCS 5/3.94)
8    Sec. 3.135. Coal combustion by-product; CCB.
9    (a) "Coal combustion by-product" (CCB) means coal
10combustion waste when used beneficially in any of the following
11ways:
12        (1) The extraction or recovery of material compounds
13    contained within CCB.
14        (2) The use of CCB as a raw ingredient or mineral
15    filler in the manufacture of the following commercial
16    products: cement; concrete and concrete mortars;
17    cementious products including block, pipe and
18    precast/prestressed components; asphalt or cementious
19    roofing products; plastic products including pipes and
20    fittings; paints and metal alloys; kiln fired products
21    including bricks, blocks, and tiles; abrasive media;
22    gypsum wallboard; asphaltic concrete, or asphalt based
23    paving material.
24        (3) (Blank). CCB used (A) in accordance with the

 

 

10100SB0009sam001- 48 -LRB101 06168 CPF 57857 a

1    Illinois Department of Transportation ("IDOT") standard
2    specifications and subsection (a-5) of this Section or (B)
3    under the approval of the Department of Transportation for
4    IDOT projects.
5        (4) (Blank). Bottom ash used as antiskid material,
6    athletic tracks, or foot paths.
7        (5) (Blank). Use in the stabilization or modification
8    of soils providing the CCB meets the IDOT specifications
9    for soil modifiers.
10        (6) (Blank). CCB used as a functionally equivalent
11    substitute for agricultural lime as a soil conditioner.
12        (6.5) CCB that is a synthetic gypsum that:
13            (A) has a calcium sulfate dihydrate content
14    greater than 90%, by dry weight, and is generated by the
15    lime or limestone forced oxidation process;
16            (B) is registered with the Illinois Department of
17    Agriculture as a fertilizer or soil amendment and is used
18    as a fertilizer or soil amendment;
19            (C) is a functionally equivalent substitute for
20    mined gypsum (calcium sulfate dihydrate) used as a
21    fertilizer or soil amendment;
22            (D) is used in accordance with, and applied at a
23    rate consistent with, documented recommendations of a
24    qualified agricultural professional or institution,
25    including, but not limited to any of the following:
26    certified crop adviser, agronomist, university researcher,

 

 

10100SB0009sam001- 49 -LRB101 06168 CPF 57857 a

1    federal Natural Resources Conservation Service
2    Conservation Practice Standard regarding the amendment of
3    soil properties with gypsum, or State-approved nutrient
4    management plan; but in no case is applied at a rate
5    greater than 5 dry tons per acre per year; and
6            (E) has not been mixed with any waste.
7        (7) (Blank). Bottom ash used in non-IDOT pavement
8    sub-base or base, pipe bedding, or foundation backfill.
9        (8) (Blank). Structural fill, designed and constructed
10    according to ASTM standard E2277-03 or Illinois Department
11    of Transportation specifications, when used in an
12    engineered application or combined with cement, sand, or
13    water to produce a controlled strength fill material and
14    covered with 12 inches of soil unless infiltration is
15    prevented by the material itself or other cover material.
16        (9) (Blank). Mine subsidence, mine fire control, mine
17    sealing, and mine reclamation.
18    (a-5) (Blank). Except to the extent that the uses are
19otherwise authorized by law without such restrictions, the uses
20specified in items (a)(3)(A) and (a)(7) through (9) shall be
21subject to the following conditions:
22        (A) CCB shall not have been mixed with hazardous waste
23    prior to use.
24        (B) CCB shall not exceed Class I Groundwater Standards
25    for metals when tested utilizing test method ASTM D3987-85.
26    The sample or samples tested shall be representative of the

 

 

10100SB0009sam001- 50 -LRB101 06168 CPF 57857 a

1    CCB being considered for use.
2        (C) Unless otherwise exempted, users of CCB for the
3    purposes described in items (a)(3)(A) and (a)(7) through
4    (9) of this Section shall provide notification to the
5    Agency for each project utilizing CCB documenting the
6    quantity of CCB utilized and certification of compliance
7    with conditions (A) and (B) of this subsection.
8    Notification shall not be required for users of CCB for
9    purposes described in items (a)(1), (a)(2), (a)(3)(B),
10    (a)(4), (a)(5) and (a)(6) of this Section, or as required
11    specifically under a beneficial use determination as
12    provided under this Section, or pavement base, parking lot
13    base, or building base projects utilizing less than 10,000
14    tons, flowable fill/grout projects utilizing less than
15    1,000 cubic yards or other applications utilizing less than
16    100 tons.
17        (D) Fly ash shall be managed in a manner that minimizes
18    the generation of airborne particles and dust using
19    techniques such as moisture conditioning, granulating,
20    inground application, or other demonstrated method.
21        (E) CCB is not to be accumulated speculatively. CCB is
22    not accumulated speculatively if during the calendar year,
23    the CCB used is equal to 75% of the CCB by weight or volume
24    accumulated at the beginning of the period.
25        (F) CCB shall include any prescribed mixture of fly
26    ash, bottom ash, boiler slag, flue gas desulfurization

 

 

10100SB0009sam001- 51 -LRB101 06168 CPF 57857 a

1    scrubber sludge, fluidized bed combustion ash, and stoker
2    boiler ash and shall be tested as intended for use.
3    (b) (Blank).
4    (c) Users of CCB for the purposes described in this Section
5shall provide notification to the Agency for each project
6utilizing CCB documenting the quantity of CCB utilized.
7    (d) Fly ash shall be managed in a manner that minimizes the
8generation of airborne particles and dust using techniques such
9as moisture conditioning, granulating, inground application,
10or other demonstrated method.
11    (e) CCB is not to be accumulated speculatively. CCB is not
12accumulated speculatively if during the calendar year, the CCB
13used is equal to 75% of the CCB by weight or volume accumulated
14at the beginning of the period.
15    (f) CCB shall include any prescribed mixture of fly ash,
16bottom ash, boiler slag, flue gas desulfurization scrubber
17sludge, fluidized bed combustion ash, and stoker boiler ash and
18shall be tested as intended for use.
19    To encourage and promote the utilization of CCB in
20productive and beneficial applications, upon request by the
21applicant, the Agency shall make a written beneficial use
22determination that coal-combustion waste is CCB when used in a
23manner other than those uses specified in subsection (a) of
24this Section if the applicant demonstrates that use of the
25coal-combustion waste satisfies all of the following criteria:
26the use will not cause, threaten, or allow the discharge of any

 

 

10100SB0009sam001- 52 -LRB101 06168 CPF 57857 a

1contaminant into the environment; the use will otherwise
2protect human health and safety and the environment; and the
3use constitutes a legitimate use of the coal-combustion waste
4as an ingredient or raw material that is an effective
5substitute for an analogous ingredient or raw material.
6    The Agency's beneficial use determinations may allow the
7uses set forth in items (a)(3)(A) and (a)(7) through (9) of
8this Section without the CCB being subject to the restrictions
9set forth in subdivisions (a-5)(B) and (a-5)(E) of this
10Section.
11    Within 90 days after the receipt of an application for a
12beneficial use determination under this subsection (b), the
13Agency shall, in writing, approve, disapprove, or approve with
14conditions the beneficial use. Any disapproval or approval with
15conditions shall include the Agency's reasons for the
16disapproval or conditions. Failure of the Agency to issue a
17decision within 90 days shall constitute disapproval of the
18beneficial use request. These beneficial use determinations
19are subject to review under Section 40 of this Act.
20    Any approval of a beneficial use under this subsection (b)
21shall become effective upon the date of the Agency's written
22decision and remain in effect for a period of 5 years. If an
23applicant desires to continue a beneficial use after the
24expiration of the 5-year period, the applicant must submit an
25application for renewal no later than 90 days prior to the
26expiration. The beneficial use approval shall be automatically

 

 

10100SB0009sam001- 53 -LRB101 06168 CPF 57857 a

1extended unless denied by the Agency in writing with the
2Agency's reasons for disapproval, or unless the Agency has
3requested an extension for review, in which case the use will
4continue to be allowed until an Agency determination is made.
5    Coal-combustion waste for which a beneficial use is
6approved pursuant to this subsection (b) shall be considered
7CCB during the effective period of the approval, as long as it
8is used in accordance with the approval and any conditions.
9    Notwithstanding the other provisions of this subsection
10(b), written beneficial use determination applications for the
11use of CCB at sites governed by the federal Surface Mining
12Control and Reclamation Act of 1977 (P.L. 95-87) or the rules
13and regulations thereunder, or by any law or rule or regulation
14adopted by the State of Illinois pursuant thereto, shall be
15reviewed and approved by the Office of Mines and Minerals
16within the Department of Natural Resources pursuant to 62 Ill.
17Adm. Code 1700-1850. Further, appeals of those
18determinations shall be made pursuant to the Illinois
19Administrative Review Law.
20    The Board shall adopt rules establishing standards and
21procedures for the Agency's issuance of beneficial use
22determinations under this subsection (b). The Board rules may
23also, but are not required to, include standards and procedures
24for the revocation of the beneficial use determinations. Prior
25to the effective date of Board rules adopted under this
26subsection (b), the Agency is authorized to make beneficial use

 

 

10100SB0009sam001- 54 -LRB101 06168 CPF 57857 a

1determinations in accordance with this subsection (b).
2    (g) The Agency is authorized to prepare and distribute
3guidance documents relating to its administration of this
4Section. Guidance documents prepared under this subsection are
5not rules for the purposes of the Illinois Administrative
6Procedure Act.
7(Source: P.A. 99-20, eff. 7-10-15.)
 
8    Section 997. Severability. The provisions of this Act are
9severable under Section 1.31 of the Statute on Statutes.
 
10    Section 999. Effective date. This Act takes effect upon
11becoming law.".