Illinois General Assembly - Bill Status for SB0431

Deletes everything after the enacting clause. Amends the State Finance Act to create the Clean Communities Recycling Fund as a special fund in the State treasury. Amends the Environmental Protection Act. Authorizes the Agency to prepare and distribute guidance documents relative to its administration of the Act and rules adopted pursuant to the Act. Expands the conditions under which the Agency may assess environmental reclamation liens under the Act. Sets forth uses for the moneys in the Clean Communities Recycling Fund. Provides that, upon making a finding that an open dump poses a threat to the public health or to the environment, the Environmental Protection Agency may take preventive or corrective action as necessary or appropriate to end the threat. Provides that certain persons may be held liable for the costs of Agency corrective or preventive action resulting from open dumping. Establishes certain defenses to liability for open dumping. Provides that the Subtitle D Management Fund may be used for Agency activities relating to open dumping. Sets forth that no person shall cause or allow the use of land inconsistent with a land use limitation imposed under the Act. Sets forth provisions for the regulation of clean construction or demolition debris fill operations. Imposes an interim and final permit scheme so that by July 1, 2008 no person shall use clean construction or demolition debris as fill material in a current or former quarry, mine, or other excavation, unless they have an Agency permit for the activity. Sets forth various conditions and requirements for the clean construction and demolition debris permit scheme. Prohibits certain State employees or their relatives from having a direct financial interest in any waste-disposal operation or clean construction or demolition debris fill operation requiring a permit or any corporate entity related to any of these waste-disposal operations. Makes other changes. Amends the Litter Control Act and the Illinois Vehicle Code to change certain littering penalties and provide that certain fines shall be deposited into the Clean Communities Recycling Fund. Amends the Clerks of Courts Act and the Unified Code of Corrections to make the corresponding changes relating to the Fund and litter control. Effective immediately.

Deletes provisions establishing the Clean Communities Recycling Fund and authorizing the Illinois Environmental Protection Agency to prepare and distribute guidance documents relative to its administration of the Environmental Protection Act. Provides that uncontaminated concrete with protruding rebar shall be considered clean construction or demolition debris and shall not be considered waste under certain conditions. Provides that, except for willful and wanton misconduct, neither the State, the Director, nor any State employee shall be liable for any damages arising out of or resulting from any act or omission occurring under this amendatory Act. Sets forth certain factors that the Agency must consider before taking preventive or corrective action against open dumping. Provides that the Agency may not expend more than $50,000 at any single site in response to an open dump unless: (i) the Director determines that the open dump poses an imminent and substantial endangerment to the public health or welfare or the environment or (ii) the General Assembly appropriates more than that amount for preventive or corrective action in response to the open dumping. Provides that use of clean construction or demolition debris as fill material in an excavation other than a current or former quarry or mine does not require a clean construction or demolition debris fill operation interim authorization if the operation complies with Illinois Department of Transportation specifications. Deletes changes to the Litter Control Act, the Illinois Vehicle Code, the Clerks of Courts Act, and the Unified Code of Corrections.

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