Sen. Ira I. Silverstein

Filed: 2/27/2012

 

 


 

 


 
09700SB2947sam001LRB097 14305 JDS 66240 a

1
AMENDMENT TO SENATE BILL 2947

2    AMENDMENT NO. ______. Amend Senate Bill 2947 by replacing
3everything after the enacting clause with the following:
 
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.

 

 

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1    (a.5) On and after the effective date established by the
2United States Environmental Protection Agency for MSWLF units
3to provide financial assurance under Subtitle D of the Resource
4Conservation and Recovery Act, no person, other than the State
5of Illinois, its agencies and institutions, shall own or
6operate conduct any disposal operation at a MSWLF unit that
7requires a permit under subsection (d) of Section 21 of this
8Act, unless that person has posted with the Agency a
9performance bond or other security for the purposes of:
10        (1) insuring closure of the site and post-closure care
11    in accordance with this Act and its rules; and
12        (2) insuring completion of a corrective action remedy
13    when required by Board rules adopted under Section 22.40 of
14    this Act or when required by Section 22.41 of this Act.
15    The performance bond or other security requirement set
16forth in this Section may be fulfilled by closure or
17post-closure insurance, or both, issued by an insurer licensed
18to transact the business of insurance by the Department of
19Insurance or at a minimum the insurer must be licensed to
20transact the business of insurance or approved to provide
21insurance as an excess or surplus lines insurer by the
22insurance department in one or more states.
23    (b) On or before January 1, 1985, the Board shall adopt
24regulations to promote the purposes of this Section. Without
25limiting the generality of this authority, such regulations
26may, among other things, prescribe the type and amount of the

 

 

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1performance bonds or other securities required under
2subsections (a) and (a.5) of this Section, and the conditions
3under which the State is entitled to collect monies from such
4performance bonds or other securities. The bond amount shall be
5directly related to the design and volume of the site. The cost
6estimate for the post-closure care of a MSWLF unit shall be
7calculated using a 30 year post-closure care period or such
8other period as may be approved by the Agency under Board or
9federal rules. On and after the effective date established by
10the United States Environmental Protection Agency for MSWLF
11units to provide financial assurance under Subtitle D of the
12Resource Conservation and Recovery Act, closure, post-closure
13care, and corrective action cost estimates for MSWLF units
14shall be in current dollars.
15    (c) There is hereby created within the State Treasury a
16special fund to be known as the "Landfill Closure and
17Post-Closure Fund". Any monies forfeited to the State of
18Illinois from any performance bond or other security required
19under this Section shall be placed in the "Landfill Closure and
20Post-Closure Fund" and shall, upon approval by the Governor and
21the Director, be used by and under the direction of the Agency
22for the purposes for which such performance bond or other
23security was issued. The Landfill Closure and Post-Closure Fund
24is not subject to the provisions of subsection (c) of Section 5
25of the State Finance Act.
26    (d) The Agency is authorized to enter into such contracts

 

 

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1and agreements as it may deem necessary to carry out the
2purposes of this Section. Neither the State, nor the Director,
3nor any State employee shall be liable for any damages or
4injuries arising out of or resulting from any action taken
5under this Section.
6    (e) The Agency shall have the authority to approve or
7disapprove any performance bond or other security posted
8pursuant to subsection (a) or (a.5) of this Section. Any person
9whose performance bond or other security is disapproved by the
10Agency may contest the disapproval as a permit denial appeal
11pursuant to Section 40 of this Act.
12    (f) The Agency may establish such procedures as it may deem
13necessary for the purpose of implementing and executing its
14responsibilities under this Section.
15    (g) Nothing in this Section shall bar a cause of action by
16the State for any other penalty or relief provided by this Act
17or any other law.
18(Source: P.A. 88-496; 88-512; 89-200, eff. 1-1-96.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".