HB0911sam008 93RD GENERAL ASSEMBLY

Sen. Bill Brady

Filed: 11/16/2004

09300HB0911sam008 LRB093 05422 BDD 54161 a

AMENDMENT TO HOUSE BILL 911

AMENDMENT NO. ______. Amend House Bill 911, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 7, as follows:

on page 1, line 5, by changing "Section 3.330" to "Sections 3.330 and 21.1"; and

on page 4, immediately below line 4, by inserting the following:

"(415 ILCS 5/21.1) (from Ch. 111 1/2, par. 1021.1)

Sec. 21.1. (a) Except as provided in subsection (a.5), no person other than the State of Illinois, its agencies and institutions, or a unit of local government shall conduct any waste disposal operation on or after March 1, 1985, which requires a permit under subsection (d) of Section 21 of this Act, unless such person has posted with the Agency a performance bond or other security for the purpose of insuring closure of the site and post-closure care in accordance with this Act and regulations adopted thereunder.

(a.5) On and after the effective date established by the United States Environmental Protection Agency 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 conduct any disposal operation at a MSWLF unit that requires a permit under subsection (d) of Section 21 of this Act, unless that person has posted with the Agency a performance bond or other security for the purposes of:

(1) insuring closure of the site and post-closure care in accordance with this Act and its rules; and

(2) insuring completion of a corrective action remedy when required by Board rules adopted under Section 22.40 of this Act or when required by Section 22.41 of this Act.

The performance bond or other security requirement set forth in this Section may be fulfilled by closure or post-closure insurance, or both, issued by an insurer licensed to transact the business of insurance by the Department of Insurance or at a minimum the insurer must be licensed to transact the business of insurance or approved to provide insurance as an excess or surplus lines insurer by the insurance department in one or more states.

(b) On or before January 1, 1985, the Board shall adopt regulations to promote the purposes of this Section. Without limiting the generality of this authority, such regulations may, among other things, prescribe the type and amount of the performance bonds or other securities required under subsections (a) and (a.5) of this Section, and the conditions under which the State is entitled to collect monies from such performance bonds or other securities. The bond amount shall be directly related to the design and volume of the site. The cost estimate for the post-closure care of a MSWLF unit shall be calculated using a 30 year post-closure care period or such other period as may be approved by the Agency under Board or federal rules. On and after the effective date established by the United States Environmental Protection Agency for MSWLF units to provide financial assurance under Subtitle D of the Resource Conservation and Recovery Act, closure, post-closure care, and corrective action cost estimates for MSWLF units shall be in current dollars.

(c) There is hereby created within the State Treasury a special fund to be known as the "Landfill Closure and Post-Closure Fund". Any monies forfeited to the State of Illinois from any performance bond or other security required under this Section shall be placed in the "Landfill Closure and Post-Closure Fund" and shall, upon approval by the Governor and the Director, be used by and under the direction of the Agency for the purposes for which such performance bond or other security was issued. The Landfill Closure and Post-Closure Fund is not subject to the provisions of subsection (c) of Section 5 of the State Finance Act.

(d) The Agency is authorized to enter into such contracts and agreements as it may deem necessary to carry out the purposes of this Section. Neither the State, nor the Director, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under this Section.

(e) The Agency shall have the authority to approve or disapprove any performance bond or other security posted pursuant to subsection (a) or (a.5) of this Section. Any person whose performance bond or other security is disapproved by the Agency may contest the disapproval as a permit denial appeal pursuant to Section 40 of this Act.

(f) The Agency may establish such procedures as it may deem necessary for the purpose of implementing and executing its responsibilities under this Section.

(g) Nothing in this Section shall bar a cause of action by the State for any other penalty or relief provided by this Act or any other law.

(h) The Agency must establish and maintain a program to monitor the status of any performance bond or other security required under this Section. If, for any reason, the Agency deems that a bond or other security is insufficient to ensure the closure of a site and post-closure care in accordance with this Act, the Agency must notify the operator of the insufficiency and require any additional security to ensure compliance with this Act. Any person who fails to obtain additional security within a reasonable time, as determined by the Agency, commits a violation of this Act.

(i) If, upon or after the closure of a site, a performance bond or other security required under this Section is discovered to be insufficient to ensure the closure of a site and post-closure care in accordance with this Act, the Agency shall use any unencumbered moneys in the Landfill Closure and Post-Closure Fund for the purpose of taking any action necessary to bring the closure and post-closure of the site into compliance with this Act. If no unencumbered moneys exist in the Fund, the Department shall request from the General Assembly an appropriation to the Fund to bring the closure and post-closure of the site into compliance with this Act.

(Source: P.A. 88-496; 88-512; 89-200, eff. 1-1-96.)".