093_SB1003sam001

 










                                     LRB093 03180 EFG 13971 a

 1                    AMENDMENT TO SENATE BILL 1003

 2        AMENDMENT NO.     .  Amend Senate Bill 1003 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Environmental Protection Act is amended
 5    by adding Section 9.11 as follows:

 6        (415 ILCS 5/9.11 new)
 7        Sec. 9.11. Great Lakes Areas of Concern; mercury.
 8        (a)  The General Assembly finds that:
 9             (1)  The government of the United States of  America
10        and the government of Canada have entered into agreements
11        on  Great  Lakes  water quality by signature of the Great
12        Lakes Water Quality Agreement of 1978, which was  amended
13        by Protocol signed on November 18, 1987.
14             (2)  The  government of the United States of America
15        and the government of Canada,  in  cooperation  with  the
16        state   and  provincial  governments,  were  required  to
17        designate geographic areas, called Areas of Concern, that
18        fail to meet the general or specific  objectives  of  the
19        Great  Lakes  Water  Quality  Agreement,  and  where such
20        failure has caused or is likely to  cause  impairment  of
21        beneficial  use  or failure of the ability of the area to
22        support aquatic life.
 
                            -2-      LRB093 03180 EFG 13971 a
 1             (3)  The government of the United States of  America
 2        and  the government of Canada have identified 43 Areas of
 3        Concern, 26 of which are in waters of the  United  States
 4        of America and 17 of which are in the waters of Canada.
 5             (4)  Waukegan  Harbor  in Illinois was designated an
 6        Area of  Concern  in  1981  by  the  International  Joint
 7        Commission,  the  United  States Environmental Protection
 8        Agency, and the Illinois Environmental Protection  Agency
 9        as  a  result  of  the  discovery  of  5  beneficial  use
10        impairments,  as  defined  in  Annex 2 of the Great Lakes
11        Water Quality Agreement.  Beneficial use  impairments  at
12        the  Waukegan  Harbor  Area of Concern were identified as
13        the restrictions  on  fish  consumption,  degradation  of
14        benthos, restrictions on dredging activities, degradation
15        of phytoplankton and zooplankton populations, and loss of
16        fish and wildlife habitat.
17             (5)  The  government of the United States of America
18        and the government of Canada cooperate with the state and
19        provincial governments to  ensure  that  remedial  action
20        plans  are  developed to restore all impaired uses to the
21        Areas of Concern.
22             (6)  Mercury has been  identified  as  a  persistent
23        bioaccumulative  contaminant  of  concern  throughout the
24        Great Lakes, including Lake Michigan, resulting in health
25        advisories and restrictions on fish consumption.
26             (7)  The thermal treatment of sludge creates mercury
27        emissions.
28        (b)  The Agency shall not issue any  permit  to  develop,
29    construct, or operate, within one mile of any portion of Lake
30    Michigan  that  has  been designated an Area of Concern under
31    the Great Lakes Water Quality Agreement as of  the  effective
32    date  of  this  Section, any site or facility for the thermal
33    treatment of sludge, unless  the  applicant  submits  to  the
34    Agency  proof  that  the  site or facility has received local
 
                            -3-      LRB093 03180 EFG 13971 a
 1    siting approval from the governing body of  the  municipality
 2    in  which  the site or facility is proposed to be located (or
 3    from the county board if located in an unincorporated  area),
 4    in  accordance  with  Section  39.2  of  this  Act.   For the
 5    purposes  of  this  Section,  "thermal  treatment"  includes,
 6    without  limitation,  drying,  incinerating,  and  any  other
 7    processing  that  subjects  the   sludge   to   an   elevated
 8    temperature.".