97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2947

 

Introduced 2/1/2012, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/21.1  from Ch. 111 1/2, par. 1021.1

    Amends the Environmental Protection Act. Provides that, except as otherwise provided in the Act, no person other than the State of Illinois, its agencies and institutions, or a unit of local government shall own or operate (rather than conduct) any waste disposal operation on or after March 1, 1985, which requires a specified permit, unless that person has posted with the Agency a performance bond or other security. Provides that, on and after the effective date established by the USEPA for MSWLF units to provide financial assurance under Subtitle D of the Resource Conservation and Recovery Act, no person, other than the State of Illinois, its agencies and institutions, shall own or operate (rather than conduct) any disposal operation at a MSWLF unit that requires a specified permit, unless that person has posted with the Agency a performance bond or other security. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 21.1 as follows:
 
6    (415 ILCS 5/21.1)  (from Ch. 111 1/2, par. 1021.1)
7    Sec. 21.1. (a) Except as provided in subsection (a.5), no
8person other than the State of Illinois, its agencies and
9institutions, or a unit of local government shall own or
10operate conduct any waste disposal operation on or after March
111, 1985, which requires a permit under subsection (d) of
12Section 21 of this Act, unless such person has posted with the
13Agency a performance bond or other security for the purpose of
14insuring closure of the site and post-closure care in
15accordance with this Act and regulations adopted thereunder.
16    (a.5) On and after the effective date established by the
17United States Environmental Protection Agency for MSWLF units
18to provide financial assurance under Subtitle D of the Resource
19Conservation and Recovery Act, no person, other than the State
20of Illinois, its agencies and institutions, shall own or
21operate conduct any disposal operation at a MSWLF unit that
22requires a permit under subsection (d) of Section 21 of this
23Act, unless that person has posted with the Agency a

 

 

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1performance bond or other security for the purposes of:
2        (1) insuring closure of the site and post-closure care
3    in accordance with this Act and its rules; and
4        (2) insuring completion of a corrective action remedy
5    when required by Board rules adopted under Section 22.40 of
6    this Act or when required by Section 22.41 of this Act.
7    The performance bond or other security requirement set
8forth in this Section may be fulfilled by closure or
9post-closure insurance, or both, issued by an insurer licensed
10to transact the business of insurance by the Department of
11Insurance or at a minimum the insurer must be licensed to
12transact the business of insurance or approved to provide
13insurance as an excess or surplus lines insurer by the
14insurance department in one or more states.
15    (b) On or before January 1, 1985, the Board shall adopt
16regulations to promote the purposes of this Section. Without
17limiting the generality of this authority, such regulations
18may, among other things, prescribe the type and amount of the
19performance bonds or other securities required under
20subsections (a) and (a.5) of this Section, and the conditions
21under which the State is entitled to collect monies from such
22performance bonds or other securities. The bond amount shall be
23directly related to the design and volume of the site. The cost
24estimate for the post-closure care of a MSWLF unit shall be
25calculated using a 30 year post-closure care period or such
26other period as may be approved by the Agency under Board or

 

 

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

 

 

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1whose performance bond or other security is disapproved by the
2Agency may contest the disapproval as a permit denial appeal
3pursuant to Section 40 of this Act.
4    (f) The Agency may establish such procedures as it may deem
5necessary for the purpose of implementing and executing its
6responsibilities under this Section.
7    (g) Nothing in this Section shall bar a cause of action by
8the State for any other penalty or relief provided by this Act
9or any other law.
10(Source: P.A. 88-496; 88-512; 89-200, eff. 1-1-96.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.