SB2947 EngrossedLRB097 14305 JDS 59086 b

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 a MSWLF unit or other conduct any waste disposal
11operation on or after March 1, 1985, which requires a permit
12under subsection (d) of Section 21 of this Act, unless such
13person has posted with the Agency a performance bond or other
14security for the purpose of insuring closure of the site and
15post-closure care in accordance with this Act and regulations
16adopted thereunder.
17    (a.5) On and after the effective date established by the
18United States Environmental Protection Agency for MSWLF units
19to provide financial assurance under Subtitle D of the Resource
20Conservation and Recovery Act, no person, other than the State
21of Illinois, its agencies and institutions, shall own or
22operate conduct any disposal operation at a MSWLF unit that
23requires a permit under subsection (d) of Section 21 of this

 

 

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

 

 

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

 

 

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1pursuant to subsection (a) or (a.5) of this Section. Any person
2whose performance bond or other security is disapproved by the
3Agency may contest the disapproval as a permit denial appeal
4pursuant to Section 40 of this Act.
5    (f) The Agency may establish such procedures as it may deem
6necessary for the purpose of implementing and executing its
7responsibilities under this Section.
8    (g) Nothing in this Section shall bar a cause of action by
9the State for any other penalty or relief provided by this Act
10or any other law.
11(Source: P.A. 88-496; 88-512; 89-200, eff. 1-1-96.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.