SB0009sam001 101ST GENERAL ASSEMBLY

Sen. Scott M. Bennett

Filed: 3/15/2019

10100SB0009sam001 LRB101 06168 CPF 57857 a

AMENDMENT TO SENATE BILL 9

AMENDMENT NO. ______. Amend Senate Bill 9 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Coal Ash Pollution Prevention Act.

Section 2. Findings and construction. The General Assembly finds that a clean environment is essential to the continuing growth and well-being of Illinois' economy and its people. This Act shall be interpreted broadly to prevent pollution from the many coal ash dumps threatening the public health and environment throughout Illinois. It is intended to be more stringent than federal requirements, which, at the time of this Act's enactment, continue to leave Illinoisans and our environment at risk.

Section 5. Definitions. In this Act:

"Agency" means the Illinois Environmental Protection Agency.

"CCR landfill" means an area of land or an excavation that receives, or has received, CCR and is not a CCR surface impoundment, underground injection well, salt dome formation, salt bed formation, underground or surface coal mine, or cave. "CCR landfill" includes CCR piles.

"CCR surface impoundment" means a natural topographic depression, man-made excavation, quarry, or diked area that (i) is designed, or has been used, to hold an accumulation of CCR and liquids, and (ii) treats, stores, or disposes of CCR, regardless of whether CCR continues to be added to the impoundment.

"CCR unit" means any CCR landfill, CCR surface impoundment, lateral expansion of a CCR unit, or combination of 2 or more of those units. "CCR unit" includes any CCR below the unit boundary of the CCR landfill or CCR surface impoundment.

"Coal combustion residuals" or "CCR" means fly ash, bottom ash, boiler slag, or flue gas desulfurization materials generated from burning coal for the purpose of generating electricity for sale by an electric utility or for use by a private corporation.

"CCR pile" means any non-containerized accumulation of solid, non-flowing CCR that is placed on the land, but does not include any CCR stored for beneficial use under subsection (c) of Section 40.

"CCR pollutants" means antimony, arsenic, barium, beryllium, boron, cadmium, chromium, cobalt, fluoride, lead, lithium, mercury, molybdenum, selenium, thallium, and radium 226 and 228 combined.

"Director" means the Director of the Illinois Environmental Protection Agency.

"Encapsulated beneficial use" means a beneficial use of CCR that binds the CCR into a solid matrix and minimizes its mobilization into the surrounding environment.

"Lined CCR unit" means any CCR unit with a liner meeting the specifications of 40 C.F.R. 257.71(a)(1)(ii) or 257.71(a)(1)(iii).

"LEAF leach test" means the U.S. Environmental Protection Agency's Leaching Environmental Assessment Framework ("LEAF"), EPA Methods 1313 and 1314.

"Location standards" means:

For CCR surface impoundments, the location restrictions set out at 40 C.F.R. 257.60 through 257.64 as promulgated by the U.S. Environmental Protection Agency on April 17, 2015, in "Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals from Electric Utilities," 80 Fed. Reg. 21,302, 21,471-21,473, as well as a prohibition on being located, in whole or in part, in the 100-year floodplain.

For CCR landfills, the location restriction for unstable areas set out at 40 C.F.R. 257.64 as promulgated by the U.S. Environmental Protection Agency on April 17, 2015, in "Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals from Electric Utilities," 80 Fed. Reg. 21,302, 21,473, as well as a prohibition on being located, in whole or in part, in the 100-year floodplain.

"Operator" or "owner or operator" means any person that owns or operates, solely or with other persons, any CCR unit.

"Person" means any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, State agency, or any other legal entity, or their legal representative, agent, or assigns.

"Potential environmental justice community" means a community where the low-income or minority population percentage is greater than the statewide average.

"Prevailing wage" has the meaning given for "prevailing rate of wage" in Section 2 of the Prevailing Wage Act.

"Safety factors" means the factors of safety set out at 40 C.F.R 257.74(e)(i) through (v).

"Sole Source Aquifer" means an aquifer determined by the U.S. Environmental Protection Agency to be a Sole Source Aquifer under 1424(e) of the Safe Drinking Water Act of 1974. "Sole Source Aquifer" includes, but is not limited to, the Mahomet Aquifer.

"Statistically significant increase" means:

For CCR Pollutants for which a groundwater protection standard has been set by the U.S. Environmental Protection Agency under 40 C.F.R. 257.95(h), any statistically significant increase over that groundwater protection standard as determined under 40 C.F.R. 257.95(h).

For CCR Pollutants for which no groundwater protection standard has been set by the U.S. Environmental Protection Agency under 40 C.F.R. 257.95(h), a statistically significant increase, as determined under 40 C.F.R. 257.93(f),(g),and (h)(1), in that CCR pollutant above the Class I groundwater standard for that pollutant set out in Section 620.410 of Title 35 of the Illinois Administrative Code.

"Unlined CCR unit" means any CCR unit that is not a lined CCR unit.

Section 10. Powers and duties.

(a) Except as otherwise provided, the Agency shall enforce this Act and any rules, regulations, or orders adopted in accordance with this Act.

(b) Except as otherwise provided, the Agency shall have jurisdiction and authority over all persons and property necessary to effectively enforce the provisions of this Act. In aid of this jurisdiction, the Director, or anyone designated in writing by the Director, shall have the authority to administer oaths and to issue subpoenas for the production of records or other documents and for the attendance of witnesses at any proceedings of the Agency.

(c) The Agency may authorize any employee of the Agency qualified by training and experience to perform the powers and duties set forth in this Act.

(d) For the purpose of determining compliance with the provisions of this Act and any orders or rules entered or adopted under this Act, the Agency shall have the right at all times to go upon and inspect properties where CCR is or has been generated, stored, disposed of, transported, or beneficially used.

(e) The Agency shall have the authority and it shall be the Agency's duty to make such inquiries as the Director may think proper to determine whether or not a violation of this Act or any orders or rules entered or adopted under this Act exists or is imminent. In the exercise of these powers, the Agency has the authority to:

(1) collect data;

(2) require testing and sampling;

(3) make investigation and inspection;

(4) examine properties, including records and logs;

(5) hold hearings;

(6) adopt administrative rules; and

(7) take any action reasonably necessary to enforce this Act.

(f) The Agency may specify the manner in which all information required under this Act is to be submitted.

(g) The Agency shall specify the fees to be submitted with all proposals required by this Act, including closure plans, corrective action plans, applications for CCR transport permits, applications for beneficial use permits, and evaluation of alternatives analyses for landfill disposal of CCR. The fee to accompany those proposals shall be non-refundable and in an amount adequate to cover the costs the Agency incurs in reviewing and issuing or denying the proposal, including, but not limited to, the costs of:

(1) reviewing the proposal and accompanying materials, as well as any public comments or testimony offered on the proposal;

(2) holding a public hearing on the proposal in accordance with Section 65; and

(3) drafting the permit or the denial of the proposal.

The Agency shall review and, if necessary, revise the fees for proposals under this Act on an annual basis.

Section 15. CCR units; closure by removal.

(a) An owner or operator of an unlined CCR unit, as determined under subsection (d), a CCR unit that does not meet the location standards as determined under subsection (e), a CCR surface impoundment that does not meet the safety factors as determined under subsection (f), and a CCR unit at which a statistically significant increase in any CCR pollutant has been identified, shall close the CCR unit by:

(1) halting the placement of CCR in the CCR unit;

(2) removing all CCR from the CCR unit; and

(3) either:

(A) using the CCR in encapsulated beneficial use; or

(B) disposing of the CCR in a permitted landfill on the property upon which the CCR unit is located, adjacent to the property upon which the CCR unit is located, or off of the property on which the CCR unit is located, that:

(i) meets all location standards for CCR surface impoundments;

(ii) is not located over a sole source aquifer;

(iii) has a leachate collection system that meets or exceeds the federal criteria for a municipal solid waste landfills under 40 C.F.R. Part 258; and

(iv) meets all requirements for lined CCR landfills set forth at 40 C.F.R. Part 257 except as otherwise specified herein.

(b) An owner or operator of a CCR unit required to close by removal under subsection (a) shall, within 6 months of the effective date of this Act, halt the placement of CCR in those CCR units and begin removal of the CCR in those CCR units.

An owner or operator shall complete the removal of CCR from the CCR unit no later than 15 years after initiating the closure process at that CCR unit.

(c) The Agency shall issue a confirmation of completion of closure before financial assurance under Section 75 may be released.

(d) Within 60 days after the effective date of this Act, the operator of a CCR unit shall submit to the Agency the following:

(1) a determination, prepared and certified by a professional engineer licensed in Illinois, specifying whether the CCR unit meets the definition in this Act of a lined CCR unit; and

(2) documentation supporting that determination.

The determination and supporting documentation shall be posted on the Agency's website as well as a publicly accessible website that does not require registration and is operated by the operator of the CCR unit.

(e) Within 60 days after the effective date of this Act, an operator of a CCR unit must submit to the Agency the following:

(1) a determination, prepared and certified by a professional engineer licensed in Illinois, specifying whether the CCR unit meets the location standards, which of the location standards the CCR unit meets, and which it does not meet; and

(2) documentation supporting that determination.

The determination and supporting documentation shall be posted on the Agency's website as well as a publicly accessible website that does not require registration and is operated by the operator of the CCR unit.

(f) To determine whether a CCR surface impoundment meets the safety factors, a professional engineer licensed in Illinois shall assess whether the critical cross section of the embankment of the CCR surface impoundment achieves the safety factors. The safety factor assessments must be supported by appropriate engineering calculations. All safety factor assessments and supporting calculations and documentation shall be submitted to the Agency within 60 days after the effective date of this Act. The safety factor assessment and supporting documentation shall be posted on the Agency's website as well as a publicly accessible website operated by the operator of the CCR unit that does not require registration.

In this subsection, "critical cross section" means the cross section anticipated to be the most susceptible of all cross sections to structural failure based on appropriate engineering considerations, including loading conditions.

(g) If a person has information indicating that any liner status determination, location standards determination, or safety factor assessment submitted by an operator under this Section inaccurately concludes that the CCR unit is a lined CCR unit, meets location standards, or meets the applicable safety factors, that person may submit that information to the Agency.

The Agency shall review the information submitted, provide it to the operator of the CCR unit at issue, and make a determination of whether the documentation submitted by the operator is inaccurate. If the Agency so concludes, it shall inform the operator and the person who provided the information under this Section of that decision, post the decision on its website, and direct the operator of the CCR unit at issue to comply with applicable requirements of this Act.

Section 20. Closure plan.

(a) An operator of a CCR unit required to close by removal under Section 15 must submit a closure plan to the Agency within 3 months after the effective date of this Act.

(b) The closure plan must specify measures that the operator will take to limit water pollution and air pollution from the CCR unit while removal of the CCR is ongoing. Those measures shall include, but are not limited to, the following:

(1) Measures to control CCR dust at the site during removal, including, but not limited to: covering CCR transport trucks; limiting the distance that CCR is dropped from any storage facility or equipment into trucks or other storage facilities; using water sprays or chemical suppressants to limit dust during removal; loading, unloading, or transfer operations; and suspending loading, unloading, or transfer operations during high winds.

(2) Measures to minimize risk to workers while removal is taking place, including, but not limited to: properly located, calibrated, and operated dust monitors, checked at determined intervals; provision of dust masks and suits for use during removal; enclosed areas set back from the CCR unit where workers can store and change into regular clothing; protected areas for workers to take breaks or eat meals; and training for workers before they begin removal activities about the contents and dangers of CCR dust, how to protect against those dangers, and who to contact if dust controls are not working.

(3) Measures to minimize the release of any CCR into surface waters while removal is ongoing, which may include, but are not limited to, silt dams, silt curtains, or temporary barriers between the CCR unit and the surface water.

(c) Together with any supporting materials, the closure plan shall be posted by the Agency on its website and made available for public review, comment, and public hearing, if requested, consistent with Sections 55, 60, and 65. The owner or operator that submits the closure plan shall also post the closure plan and any supporting materials on a publicly accessible website, that has no registration requirements, until the Agency has issued an approved closure plan.

(d) The Agency shall only approve a closure plan if it complies with the requirements of this Act. The Agency shall review the closure plan and make any changes it deems necessary to ensure compliance with this Act. In evaluating whether any changes to the closure plan are needed, the Agency shall consider the following:

(1) The closure plan and all supporting documentation.

(2) All written comments received during the public comment period on the closure plan.

(3) If applicable, testimony from any public hearing held under Section 65.

Within 90 days after receiving the closure plan, the Agency shall approve the plan or approve it with any modifications the Agency deems necessary to ensure compliance with this Act. The Agency shall post the approved closure plan on its website, and the owner or operator who submits the closure plan shall post the approved closure plan on a publicly accessible website that has no registration requirements.

The Agency's approval of the approved closure plan under this Section shall be considered a final administrative decision subject to judicial review under the Administrative Review Law and the rules adopted under that Law.

Section 25. Local workers.

(a) An entity conducting closure activities, including removal of CCR, transport of CCR, or corrective action to remediate CCR pollution as set forth in Sections 15, 30, and 50, shall, to the maximum extent practicable, utilize local labor and ensure that the work is performed by responsible contractors and subcontractors that pay workers, as evidenced by payroll and employee records, the prevailing wage and fair benefits, including employee health care coverage, pension or 401(k) benefits, and certified apprenticeship programs.

(b) A contractor or subcontractor shall keep a record of observing all local, State, and federal laws, including laws pertaining to withholding taxes, minimum and overtime wages, workers' compensation insurance, and occupational health and safety. A contractor working on the project shall keep an up-to-date list of its subcontractors.

Section 30. CCR transport.

(a) A CCR transport truck must carry manifests specifying, for each load of CCR transported, the following:

(1) The volume of the CCR.

(2) The location from which the CCR was loaded onto the truck and the date the loading took place.

(3) The location where the CCR is being taken and the date it will be delivered.

(4) A warning of the hazards of inhalation or ingestion of CCR, instructions on how to prevent inhalation or ingestion of CCR, and what to do if CCR is inhaled or ingested.

(b) The operator of a CCR unit from which CCR is removed and transported off-site under Section 15 shall develop a CCR transportation plan in consultation with the unit of local government in which the CCR unit is located and any unit of local government within 2 miles of the CCR units in order to minimize the impact of any transport of CCR on adjacent property owners and surrounding communities.

(c) The CCR transportation plan specified in subsection (b) shall do all of the following:

(1) Identify transportation options available in order to transport removed CCR from the CCR unit. This may include a combination of different transportation methods as necessary to meet the closure time frame established in Section 15.

(2) Specify plans for any transportation by truck, including the frequency, time of day, and route of truck travel, and measures to minimize noise, traffic, and safety concerns caused by the truck travel.

(3) Specify measures to limit fugitive dust from any transportation of CCR by truck. Measures to control fugitive dust from truck travel include, but are not limited to:

(A) regular maintenance of roads used for transport of CCR;

(B) restricting the speed of CCR transport trucks;

(C) covering CCR transport trucks;

(D) limiting the distance that CCR is dropped from any storage facilities or excavating equipment into trucks; and

(E) suspending the loading, unloading, or transfer of CCR during high winds.

(4) Specify measures to be used by CCR transport trucks to limit air pollution from trucks, which include, but are not limited to:

(A) restrictions on fuel type;

(B) minimum fuel efficiency requirements;

(C) air pollution control equipment requirements; and

(D) limits on idling.

If transportation of CCR is not by truck, the owner or operator shall specify similar measures to control fugitive CCR dust pollution when it is transported using other modes of transportation.

(d) No CCR that is removed from a CCR unit may be transported without a CCR transport permit approved by the Agency.

(1) An operator of any CCR unit from which CCR is removed that seeks to transport that CCR off-site for disposal in an off-site landfill or through beneficial use shall, within 60 days after the effective date of this Act, submit an application for a CCR transport permit to the Agency. The permit application shall be accompanied by the fee required under subsection (g) of Section 10 and shall consist of the following additional materials:

(A) the CCR transportation plan developed under subsections (b) and (c); and

(B) a certification that the operator shall only transport CCR, or contract for transport with an entity that will transport CCR, in accordance with the manifest requirements of subsection (a) as well as the CCR transportation plan.

(2) If the Agency determines that an application for a CCR transport permit satisfies the requirements of this Act, the Agency shall prepare a draft CCR transport permit within 60 days after receipt of the application for the CCR transport permit. The draft CCR transport permit shall:

(A) approve, disapprove, or approve with any conditions the Agency deems necessary the CCR transportation plan, which shall be incorporated as a condition of the CCR transport permit; and

(B) require compliance with the manifest requirements set out in subsection (a) as a condition of the CCR transport permit.

(3) Together with the permit application and any supporting materials, the draft CCR transport permit shall be posted by the Agency on its website and made available for public review, comment, and, if requested, public hearing, consistent with Sections 55, 60, and 65. The applicant shall post the permit application, supporting materials, and draft CCR transport permit on a publicly accessible website that has no registration requirements and shall keep those documents posted until the Agency has issued a final CCR transport permit or denied the permit application.

(e) Within 120 days after receipt of an application for a CCR transport permit, the Agency shall determine whether to issue a final CCR transport permit. In determining whether to issue the permit, the Agency shall consider the following:

(1) The CCR transport permit application and all supporting documentation.

(2) All written comments received during the public comment period on the draft CCR transport permit.

(3) If applicable, testimony from any public hearing held under Section 65.

(f) The Agency shall only issue a final CCR transport permit if:

(1) the applicant has submitted a complete application for a CCR transport permit under paragraph (1) of subsection (d); and

(2) the CCR transportation plan meets the requirements under subsections (b) and (c).

(g) The final CCR transport permit shall, at minimum, comply with the following:

(1) incorporate the CCR transportation plan, with any modifications the Agency deems necessary, as a permit condition or conditions;

(2) require compliance with the manifest system set out in subsection (a) as a permit condition; and

(3) any other terms or conditions the Agency deems necessary.

The Agency shall post the final CCR transport permit or notice of denial of the CCR transport permit application on its website. The applicant shall post the final CCR transport permit or notice of denial on a publicly accessible website that has no registration requirements.

The Agency's decision to issue a final CCR transport permit or deny an application for a permit under this Section shall be considered a final administrative decision subject to judicial review under the Administrative Review Law and the rules adopted under that Law.

Section 35. Off-site landfill disposal.

(a) No CCR removed from a CCR unit under this Act may be disposed of in a landfill off of the property on which the CCR unit is located without approval from the Agency.

(b) If CCR removed from a CCR unit is to be disposed of in a landfill off of the property on which the CCR unit is located, the operator of the CCR unit must, within 90 days after the effective date of this Act, submit to the Agency an evaluation of alternatives accompanied by the fee required under subsection (g) of Section 10. The evaluation must conform with all of the following:

(1) Identify any landfills meeting the requirements of subparagraph (B) of paragraph (3) of subsection (a) of Section 15 that are within 100 miles of the CCR unit from which the CCR will be removed.

(2) Include documentation demonstrating that the landfill meets the requirements of subparagraph (B) of paragraph (3) of subsection (a) of Section 15.

(3) Set forth the demographics of the municipality, if applicable, where each landfill is located, including whether the municipality is a potential environmental justice community.

(4) State the volume of CCR that could be deposited in each landfill identified in paragraph (1).

(5) Identify the landfill in which the operator proposes to dispose of CCR.

If the landfill proposed by the operator for CCR disposal is located in a potential environmental justice community, the operator must show that it is not technically feasible to dispose of the CCR in any other landfill within 100 miles of the CCR unit that meets the requirements of subparagraph (B) of paragraph (3) of subsection (a) of Section 15.

The Agency shall post the evaluation of alternatives and any supporting documentation on its website and make them available for public review, comment, and, if requested, public hearing in accordance with Sections 55, 60, and 65. The applicant shall post the evaluation of alternatives and supporting materials on a publicly accessible website that has no registration requirements.

(c) The Agency shall review the evaluation of alternatives. For the purpose of determining whether to approve the disposal site proposed in the evaluation of alternatives, the Agency shall consider the following:

(1) The evaluation of alternatives and all supporting documentation.

(2) All written comments received during the public comment period.

(3) If applicable, testimony from any public hearing held under Section 65.

Within 90 days of receipt of the evaluation of alternatives, the Agency shall approve, deny, or approve with conditions the disposal of CCR in the landfill proposed by the operator in paragraph (5) of subsection (b).

(d) The Agency may only approve the disposal site proposed in the evaluation of alternatives if:

(1) The applicant has submitted a complete evaluation of alternatives with all required supporting documentation.

(2) The applicant demonstrates that the landfill proposed for CCR disposal meets the requirements of subparagraph (B) of paragraph (3) of subsection (a) of Section 15.

(3) If the landfill proposed for CCR disposal is located in a potential environmental justice community, the operator demonstrates that it is not technically feasible to dispose of the CCR in any other landfill within 100 miles of the CCR unit that meets the requirements of subparagraph (B) of paragraph (3) of subsection (a) of Section 15.

If the Agency denies disposal in the landfill proposed by the operator of the CCR unit, the Agency shall, in the notice of denial, specify any acceptable landfills for CCR disposal that meet the requirements of subparagraph (B) of paragraph (3) of subsection (a) of Section 15. The operator may dispose of the CCR in any landfill specified by the Agency that is not within a potential environmental justice community.

The Agency shall post its notice of approval, denial, or approval with conditions, under this subsection, on its website. The applicant shall post the notice of approval, notice of denial, and notice of approval with conditions, as well as the evaluation of benefits and supporting materials on a publicly accessible website that has no registration requirements.

The Agency's decision to approve, deny, or approve with conditions the landfill proposed for disposal of CCR under this Section shall be considered a final administrative decision subject to judicial review under the Administrative Review Law as now or hereafter amended, and the rules adopted under that Law.

Section 40. Beneficial use permit.

(a) Notwithstanding any other provision of law, no CCR removed from any CCR unit under Section 15 may be beneficially used in this State unless the Agency has issued a beneficial use permit for that CCR under this Act.

(b) Every operator that seeks to dispose of CCR removed under Section 15 by means of beneficial use must submit to the Agency an application for a beneficial use permit. The application shall be accompanied by the fee required by subsection (g) of Section 10 and shall contain the following:

(1) The name and address of the operator, and any parent or subsidiary entity thereof, of the CCR unit from which the CCR will be removed.

(2) The name and address of any person proposing to beneficially use the CCR.

(3) The proposed encapsulated beneficial use for which the CCR will be used.

(4) The volume of CCR to be beneficially used.

(5) The location at which the beneficially used CCR will be used, if available.

(6) An explanation, with supporting documentation, of how the CCR proposed to be beneficially used will be stored in accordance with the requirements of subsection (c).

(7) The results of a LEAF leach test of the CCR performed in accordance with subsection (d), if applicable.

(c) CCR removed from a CCR unit that will be, but has not yet been, beneficially used in accordance with this Act must be stored and handled in the following manner:

(1) The CCR must be stored in an enclosed vessel or space, including, but not limited to, a building or a covered silo, bin, or tank, that is located at least 40 feet from any waterway and has an impermeable floor or is set on an impermeable surface.

(2) Measures must be taken to limit CCR dust pollution during the loading, unloading, and transferring of the CCR, including:

(A) using water sprays or chemical dust suppressants to limit dust during loading, unloading, and transferring of the CCR;

(B) limiting the distance that the CCR is dropped during the loading, unloading, and transferring of the CCR to no more than 5 feet; and

(C) suspending the loading, unloading, and transferring of the CCR during high winds.

(d) Prior to submitting an application for a beneficial use permit, an operator of a CCR unit that seeks to dispose of CCR through beneficial use must conduct an independent LEAF leach test on that CCR. An independent LEAF leach test shall be performed on CCR taken from each CCR unit.

(e) If the Agency determines that the application satisfies the requirements of this Act, the Agency shall, within 60 days after receiving the application for a beneficial use permit, issue a draft beneficial use permit. The draft beneficial use permit shall propose to approve, disapprove, or approve with conditions the beneficial use permit.

(f) Together with the beneficial use permit application and any supporting materials, the draft beneficial use permit shall be posted by the Agency on its website and made available for public review, comment, and, if requested, public hearing, consistent with Sections 55, 60, and 65. The applicant shall post the draft permit, application, and supporting materials on a publicly accessible website that has no registration requirements until the Agency has issued a final beneficial use permit or denied the permit application.

(g) The Agency shall determine whether to issue a final beneficial use permit. For the purpose of determining whether to issue such permit, the Agency shall consider the following:

(1) The beneficial use permit application and all supporting documentation.

(2) All written comments received during the public comment period on the draft beneficial use permit.

(3) If applicable, testimony from any public hearing held under Section 65.

(h) The Agency shall only issue a final beneficial use permit if:

(1) The applicant submits a complete application for a beneficial use permit consistent with this Section.

(2) The applicant demonstrates that the applicant will comply with the storage requirements set forth in subsection (c).

(3) The results of the LEAF leach tests of the CCR proposed to be beneficially used, performed in accordance with subsection (d), do not show concentrations of CCR pollutants in excess of Class I groundwater standards set forth in Section 620.410 of Title 35 of the Illinois Administrative Code for any CCR pollutants. If no Class I standard has been set for a CCR pollutant, the LEAF leach tests must not show concentrations exceeding the groundwater protection standard set by the U.S. Environmental Protection Agency for that pollutant under 40 C.F.R. 257.95(h).

(4) The application satisfies all relevant requirements of this Act.

(i) The final beneficial use permit shall, at minimum, (i) incorporate proposals and representations in the application, as appropriate, as conditions in order to ensure compliance with this Act; and (ii) require compliance with CCR storage provisions set forth in subsection (c). The Agency may include other terms and conditions that it deems necessary.

(1) The Agency shall post the final beneficial use permit or notice of denial of the beneficial use permit application on its website. The applicant shall post the final beneficial use permit or notice of denial on a publicly accessible website that has no registration requirements.

(2) The Agency's decision to issue or deny a final beneficial use permit under this Section shall be considered a final administrative decision subject to judicial review under the Administrative Review Law, and the rules adopted under that Law.

Section 45. Closure progress reports.

(a) On or before October 1, 2022, and on October 1st of each even-numbered year thereafter, until closure of all of a facility's CCR units is complete, the operator of a CCR unit subject to Sections 15 and 20 shall compile the following 2 reports:

(1) A report regarding the closure plan containing the following:

(A) A description of the owner's or operator's closure plan for all CCR units.

(B) The closure progress as of the date of the report, both per unit and in total.

(C) A detailed accounting of the amounts of CCR that have been and are expected to be beneficially used from CCR units, both per unit and in total.

(D) A detailed accounting of the amounts of CCR that have been and are expected to be landfilled from units, both per unit and in total.

(E) A detailed accounting of the CCR transportation plan as required under Section 30.

(F) The results of groundwater and surface water monitoring conducted under the closure plan and any measures taken to address the results as closure is being or has been completed.

(2) A report on any beneficial use permits or beneficial use permit applications under Section 40 summarizing the types of encapsulated beneficial use for which removed CCR has been or is being used and any obstacles to increased encapsulated beneficial use that the owner or operator encountered over the reporting period.

(b) The owner or operator shall post each report on a publicly accessible website that has no registration requirements, and shall submit each such report to the Agency, the Governor, and the General Assembly.

Section 50. Corrective action and clean drinking water.

(a) An owner or operator of a CCR unit from which CCR is required to be removed under Section 15 shall, within one year after the effective date of this Act, conduct a comprehensive evaluation of the extent of CCR pollution of groundwater, surface water, and soils at any property surrounding the property on which a CCR unit is located.

(b) As part of the evaluation of pollution required under subsection (a) and continuing through completion of corrective action under subsection (e), an owner or operator must conduct the following:

(1) Groundwater monitoring in accordance with 40 C.F.R. 257.90 through 257.95, except that:

(A) Wells designated as "background" or "upgradient wells" under 40 C.F.R. 257.91 must not be affected by leakage from any CCR, regardless of whether the CCR is in a CCR unit or not.

(B) Wells designated as "downgradient" under 40 C.F.R. 257.91 must be sufficient in number and adequate in location to detect leakage from any CCR on the property, regardless of whether the CCR is in a CCR unit or not.

(C) Pollutants monitored during assessment monitoring under 40 C.F.R. 257.95 shall be CCR pollutants.

(2) Semi-annual monitoring of discharges of CCR pollutants into any adjacent surface waters from the CCR unit, including seeps where groundwater is discharging into surface water.

(c) Within 18 months after the effective date of this Act, an owner or operator must develop and submit to the Agency a draft corrective action plan discussing how to decontaminate any groundwater, surface water, or soils affected by leakage or leachate from the CCR unit. The draft corrective action plan must:

(1) Describe the findings of the comprehensive evaluation of CCR pollution required under subsection (a).

(2) Provide for groundwater and surface water monitoring in accordance with subsection (b).

(3) Include a discussion of measures that could be used to decontaminate the site in order to complete corrective action, as specified in subsection (h).

(4) Set forth a proposal specifying which corrective action measures the owner or operator proposes to implement in order to complete corrective action as quickly as possible.

(d) Within 60 days after receiving a draft corrective action plan, the Agency shall review the draft corrective plan for completeness and to determine if it satisfies compliance with the requirements of subsection (c).

If the Agency determines that the draft corrective action plan is complete and satisfies the requirements of subsection (c), the Agency shall, within 90 days after making that determination, issue a proposed corrective action plan.

If the Agency determines that the draft corrective action plan is incomplete or does not satisfy the requirements of subsection (c), the applicant shall have no more than 90 days after the Agency's determination to correct any deficiencies identified by the Agency. If the applicant fails to correct those deficiencies within 90 days, the Agency shall have 90 additional days to issue a proposed corrective action plan.

(e) Together with the draft corrective action plan and any supporting materials, the proposed corrective action plan shall be posted by the Agency on its website and made available for public review, comment, and, if requested, public hearing, consistent with Sections 55, 60, and 65. The applicant shall post the draft corrective action plan, proposed corrective action plan, and supporting materials on a publicly accessible website that has no registration requirements until the Agency has issued a final corrective action plan.

(f) Within 120 days after issuing the proposed corrective action plan, the Agency shall issue a final corrective action plan. In determining whether the final corrective action plan requires any changes from the proposed corrective action plan, the Agency shall consider:

(1) The draft corrective action plan and all supporting documentation.

(2) All written comments received during the public comment period on the proposed corrective action plan.

(3) If applicable, testimony from any public hearing held under Section 65.

(f-5) No final corrective action plan shall be issued unless it satisfies all applicable requirements of this Act. At minimum, the final corrective action plan must comply with the following:

(1) Describe the findings of the comprehensive evaluation of CCR pollution required under subsection (a).

(2) Provide for groundwater and surface water monitoring in accordance with subsection (b).

(3) Set forth the measures that will be used to decontaminate the site in order to complete corrective action, as specified in subsection (h).

(4) Set forth a timeline for completing corrective action, as specified in subsection (h).

The Agency shall post the final corrective action plan on its website, and the owner or operator who submitted the draft corrective action plan shall post the final corrective action plan on a publicly accessible website that has no registration requirements.

The Agency's approval of the final corrective action plan under this Section shall be considered a final administrative decision subject to judicial review under the Administrative Review Law, and the rules adopted under that Law.

(g) Once approved by the Agency following the procedures set forth in this Section, the final corrective action plan shall remain in effect until the corrective action is completed and decontamination is achieved in accordance with subsection (h). The Agency must issue a confirmation of completion of corrective action before financial assurance under Section 75 is released.

(h) Corrective action is not complete at a CCR unit until each of the following has occurred:

(1) All soils contaminated with CCR have been removed and disposed of in a landfill that is safe, modern, and lined.

(2) The concentrations of all CCR pollutants in downgradient groundwater monitoring wells at the site that form part of the groundwater monitoring system required under paragraph (1) of subsection (b) comply with the Class 1 groundwater standards set forth under Section 620.410 of Title 35 of the Illinois Administrative Code. If no Class I standard has been set for a CCR pollutant, concentrations of all CCR pollutants must comply with the groundwater protection standard set forth by the U.S. Environmental Protection Agency for that pollutant under 40 C.F.R. 257.95(h). Compliance occurs when concentrations of CCR pollutants have not exceeded the Class I standards set forth under Section 620.410 of Title 35 of the Illinois Administrative Code or, if applicable, the groundwater protection standard under 40 C.F.R. 257.95(h), for a period of 3 consecutive years using the statistical procedures and performance standards set forth under 40 C.F.R. 257.93(f) and 40 C.F.R. 257.93(g).

(i) During the closure process, an owner or operator shall, at the owner or operator's expense if accepted, offer to provide a connection to a municipal water supply. Where a connection to a municipal water supply is not feasible, an owner or operator shall, at the owner or operator's expense if accepted, offer to provide water testing for any residence within 1/2 mile of the CCR unit.

If the testing conducted under paragraph (1) of subsection (h) reveals CCR pollutants in excess of Class I groundwater standards set forth under Section 620.410 of Title 35 of the Illinois Administrative Code, the operator shall replace the affected water supply with an alternative source of clean drinking water. Where Class I standards have not been set for a CCR pollutant, the groundwater protection standard shall be that set forth by the U.S. Environmental Protection Agency under 40 C.F.R. 257.95(h).

Section 55. Public notice.

(a) Within one week of receiving a closure plan, CCR transport permit application, evaluation of alternatives, beneficial use permit application, or draft corrective action plan, the Agency shall post notice of its receipt of that document as well as a copy of the document and supporting materials on its website. The Agency shall also send, via email, notice of receipt of those documents to the State Senator, State Representative, county board chair, mayor, and township supervisor of the location of the CCR unit at issue, as well as to a mailing list of persons seeking to be notified of such documents and subsequent permitting proceedings. An owner or operator that submits a closure plan, CCR transport permit application, evaluation of alternatives, beneficial use permit application, or draft corrective action plan shall publish notice of the submission of that document in a newspaper circulating in the unit of local government where the CCR unit is located.

(b) If the Agency issues a draft permit or proposed corrective action plan under this Act, within one week of issuing the draft permit or proposed corrective action plan the Agency shall post notice of issuance of that document on its website, together with a copy of the draft permit or proposed correction action plan, permit application, and all supporting materials. The Agency shall also send, via email, notice of issuance of the draft permit to the State Senator, State Representative, county board chair, mayor, and township supervisor of the location of the CCR unit at issue, as well as to the mailing list referenced in subsection (a). An owner or operator that submits a plan or permit application shall publish notice of any such draft permit or proposed corrective action plan within one week of issuance of the document in a newspaper circulating in the unit of local government where the CCR unit is located.

(c) A notice of application, draft permit, or proposed corrective action plan shall include the following:

(1) The name of the applicant.

(2) The type of document available for review.

(3) The name of a person at the Agency available to contact for questions.

(4) The dates of the public comment period, where applicable.

(5) Directions for interested parties to submit comments and request a public hearing on the document in accordance with Section 65.

(6) The Agency's website and, where applicable, the operator's website at which the draft permit or proposed corrective action plan, permit application, and supporting materials shall be made available for review.

(7) Directions on how to sign up for the mailing list referenced in subsection (a).

(d) If the Agency issues a final permit or plan approval, it shall post notice of issuance of the final permit or plan approval on its website, together with a copy of the permit application and all supporting materials. The Agency shall also send, via email, notice of issuance of the final permit or plan approval to the mailing list referenced in subsection (a).

Section 60. Public comment.

(a) Public comment periods under this Act shall be 40 days. The Agency may grant extensions of the comment period of no more than 15 days if it receives an extension request and the requester demonstrates a need for the extension.

(b) The public comment period on a closure plan, evaluation of benefits, draft CCR transport permit, draft beneficial use permit, or proposed corrective action plan shall begin within 7 calendar days after the referenced document is posted on the Agency's website.

(c) During a public comment period, any person may submit written comments to the Agency concerning any portion of the draft CCR transport permit, draft beneficial use permit, evaluation of benefits, closure plan, proposed corrective action plan, or associated permit applications or supporting materials, as well as comments concerning any issue relating to the applicant's compliance with the requirements of this Act or any other applicable laws. A person who submits a public comment to the Agency concerning any of the documents referenced in this subsection is a party to the proceeding concerning that document for purposes of the Administrative Review Law.

(d) The Agency may ask the applicant to respond to any substantive public comments received during the comment period.

Section 65. Public hearing.

(a) A person having an interest which is or may be adversely affected by approval of a closure plan, CCR transport permit, beneficial use permit, evaluation of alternatives, or proposed corrective action plan may request a public hearing on that permit, plan, or proposal during the public comment period established under Section 60. The Agency shall hold a public hearing upon request by any such requester.

(b) At least 10 calendar days before the date of the public hearing, the Agency shall publish notice of the public hearing on its website and in a newspaper of general circulation published in the unit of local government where the CCR unit at issue is located. The Agency shall also notify, via email, persons on the mailing list referenced in subsection (a) of Section 55 of the hearing. The notice shall contain the location, date, and time the public hearing is to take place, as well as information on whom to contact with questions and instructions on how to sign up to testify at the hearing.

(c) The Agency shall hold the public hearing in an easily accessible location as close to the CCR unit as feasible. The hearing shall be held during evening or weekend hours to facilitate attendance. The hearing shall be scheduled for no fewer than 2 hours, although the Agency may end the hearing after one hour if all persons who signed up to testify have already testified.

(d) A person who signs up to testify at the public hearing shall be allowed to testify, provided the person attends the hearing. The Agency shall post a sign-up form on its website in which a person seeking to testify shall note his or her name, address, and email address. The Agency shall also have a sign-up form available at the hearing that requests the same information.

(e) The public hearing shall serve as an opportunity for the public to voice concerns about a document at issue, as well as an opportunity to ask questions of the Agency or the owner or operator of the CCR unit for which the document was submitted. At least one representative of the Agency and the applicant shall attend the public hearing, and at least 20 minutes shall be set aside for the public to ask those representatives questions relevant to the permit or plan at issue. Any person who testifies at a public hearing concerning a permit or plan under this Section is a party to the proceeding concerning that document for purposes of the Administrative Review Law.

(f) A complete electronic record or transcript of the hearing and all testimony shall be made by the Agency. The complete record shall be posted on the Agency's website until closure and decontamination of the CCR unit at issue are complete.

Section 70. Permit and plan conditions and modifications.

(a) Each closure plan, CCR transport permit, beneficial use permit, evaluation of alternatives, and final corrective action plan approved or issued by the Agency under this Act shall require the permittee to comply with all provisions of this Act and all other applicable local, State, and federal laws, rules, and regulations in effect at the time the permit is issued.

(b) An approved closure plan issued under this Act shall continue in effect until closure is complete under Section 15. A CCR transport permit issued under this Act shall continue in effect until all CCR has been transported to a landfill or for beneficial reuse. A beneficial use permit issued under Section 40 shall continue in effect until all the CCR governed by that permit has been beneficially used in encapsulated beneficial use. A final corrective action plan issued under this Act shall continue in effect until the plan has been achieved and corrective action is complete as specified in Section 50.

(c) No closure plan, CCR transport permit, beneficial use permit, or final corrective action plan issued under this Act may be modified without approval of the Agency. If the Agency determines that a proposed modification constitutes a significant deviation from the terms of the original application and permit or plan approval, or presents a serious risk to public health, life, property, aquatic life, or wildlife, the Agency shall provide the public notice required under Section 55 and the opportunities for comment and hearing required under Sections 60 and 65. Any owner or operator seeking a permit modification shall pay a fee in the amount specified in subsection (g) of Section 10 for processing of that modification.

Section 75. Financial assurance.

(a) The owner or operator of a CCR unit located in Illinois is required to provide and maintain financial assurance for closure and corrective action in accordance with this Act.

(b) Financial assurance for closure must be provided and maintained in amounts sufficient to cover all costs associated with closure, including, but not limited to, the following:

(1) removal of all CCR from the CCR unit under Section 15; and

(2) transport of the removed CCR to an approved landfill or for beneficial use, in accordance with Sections 30, 35, and 40.

Financial assurance for closure must be maintained, and will not be released, until the Agency has confirmed that closure is complete under Section 15.

(c) Financial assurance for corrective action must be provided and maintained in amounts sufficient to cover all costs associated with complying with Section 50, including undertaking the comprehensive evaluation of pollution, conducting groundwater and surface water monitoring, and developing and implementing the final corrective action plan. Financial assurance for corrective action must be maintained, and will not be released, until the Agency has confirmed the completion of correction action under Section 50.

(d) To ensure financial assurance is provided in adequate amounts, an owner or operator of a CCR unit shall submit to the Agency the following:

(1) An initial cost estimate for closure, consistent with subsection (b), within 6 months after the effective date of this Act.

(2) Annual revised cost estimates for closure based on any changed circumstances or information available to the owner or operator, taking into account inflation.

(3) An initial cost estimate for corrective action within 3 months after the Agency approves any final corrective action plan required under Section 50.

(4) Annual revised cost estimates for corrective action based on any changed circumstances or information available to the owner or operator, taking into account inflation.

(e) Acceptable financial assurance mechanisms for use under this Section include, but are not limited to, the following:

(1) cash, certified check, or money order payable to a bank account set up by the Agency for the sole purpose of holding financial assurance funds under this Act;

(2) certificate of deposit;

(3) surety bond;

(4) irrevocable letter of credit; or

(5) escrow account.

Neither a corporate guarantee nor a corporate financial test may be used to satisfy the requirements of this Section.

(f) The Agency shall adopt rules to further clarify and specify requirements for financial assurance consistent with this Act.

(g) If, after notice and hearing, the Agency determines that an owner or operator of a CCR unit is not removing CCR from a CCR unit as required under Section 15, the permittee's financial assurance for closure shall then be forfeited. Forfeiture under this subsection shall not limit any duty of the permittee to mitigate or remediate harms or foreclose enforcement by the Agency. Forfeiture of financial assurance for closure does not count toward any penalty imposed on the owner or operator of the CCR unit.

If, after notice and hearing, the Agency determines that an owner or operator of a CCR unit is not implementing a final corrective action plan as required under Section 50, the permittee's financial assurance for corrective action shall then be forfeited. Forfeiture under this subsection shall not limit any duty of the permittee to mitigate or remediate harms or foreclose enforcement by the Agency. Forfeiture of financial assurance for corrective action does not count toward any penalty imposed on the owner or operator of the CCR unit.

When any financial assurance is forfeited under the provisions of this Act or rules adopted under this Act, the Agency shall collect the forfeiture without delay. All forfeitures shall be deposited in a fund set up by the Agency to be used, as necessary, to mitigate or remediate violations of this Act or rules adopted under this Act.

Section 80. Elimination of wet or unlined CCR disposal. Beginning 18 months after the effective date of this Act, no CCR generated in Illinois may be treated, stored, or disposed of in a CCR surface impoundment or unlined CCR landfill.

Section 85. Violations; penalties.

(a) Any person who violates this Act or a permit, plan, or rule issued, approved, or adopted under this Act commits open dumping as defined in the Illinois Environmental Protection Act and is subject to administrative penalties, civil liability, or, where appropriate, criminal prosecution.

(b) The Agency shall issue rules specifying the administrative or civil penalties or criminal fines to which a person in violation of this Act may be subject, which shall be consistent with penalties, fines, and liability for open dumping violations under the Illinois Environmental Protection Act.

(c) Any person who knowingly makes a false, fictitious, or fraudulent material statement, orally or in writing, to the Agency that is related to or required by this Act, a rule adopted under this Act, or any permit, term, or condition thereof, commits a Class 4 felony, and each such statement or writing shall be considered a separate violation.

(d) The State's Attorney of the county in which the violation occurred, or the Attorney General, may, at the request of the Agency or on his or her own motion, institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of this Act, a rule or regulation adopted under this Act, a permit or term or condition of the permit, or to require other civil or criminal actions as may be necessary to address violations of this Act, any rule adopted under this Act, or a permit or term or condition of a permit issued under this Act.

(e) Any criminal action provided for under this Section shall be brought by the State's Attorney of the county in which the violation occurred or by the Attorney General and shall be conducted in accordance with the applicable provision of the Code of Criminal Procedure of 1963. The limitations period for violations of this Section shall not begin to run until the offense is discovered by or reported to a State or local agency having authority to investigate violations of this Act.

(f) The State's Attorney of the county in which the violation occurred or the Attorney General shall bring actions under this Section in the name of the People of the State of Illinois. Without limiting any other authority that may exist for the awarding of attorney's fees and costs, a court of competent jurisdiction may award costs and reasonable attorney's fees, including the reasonable costs of expert witnesses and consultants, to the State's Attorney or the Attorney General in a case where he or she has prevailed against a person who has committed a knowing or repeated violation of this Act, any rule adopted under this Act, or a permit or term or condition of a permit issued under this Act.

(g) Any person with an interest that is or may be adversely affected by a violation of this Act may institute a civil action for an injunction to restrain a violation of this Act, any rule or regulation adopted under this Act, a permit issued or plan approved under this Act, or term or condition of a permit issued under this Act, or for civil penalties for violations of this Act, any rule adopted under this Act, a permit issued under this Act or term or condition of a permit issued under this Act. Any civil action shall be brought before the circuit court of the county in which the violation occurred or in the circuit court of Sangamon County. Venue shall be considered proper in either court. Except as otherwise provided in this Act, all civil penalties collected shall be deposited in an account set up by the Agency within the Environmental Protection Trust Fund for addressing violations of this Act.

(h) All final orders imposing civil penalties under this Section shall prescribe the time for payment of those penalties. If any penalty is not paid within the time prescribed, interest on the penalty at the rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act shall be paid for the period from the date the payment is due until the date the payment is received. However, if the time for payment is stayed during the pendency of an appeal, interest shall not accrue during the stay.

Section 90. Applicable federal, State, and local laws.

(a) Compliance with this Act does not relieve responsibility for compliance with the Illinois Environmental Protection Act and other applicable federal, State, and local laws. This Act is intended to be more protective than federal regulations and should be construed accordingly.

(b) Nothing in this Act shall be construed to preempt any local laws that may otherwise operate to affect, govern, limit, or prohibit disposal of CCR otherwise allowed under this Act.

Section 900. The Environmental Protection Act is amended by changing Section 3.135 as follows:

(415 ILCS 5/3.135) (was 415 ILCS 5/3.94)

Sec. 3.135. Coal combustion by-product; CCB.

(a) "Coal combustion by-product" (CCB) means coal combustion waste when used beneficially in any of the following ways:

(1) The extraction or recovery of material compounds contained within CCB.

(2) The use of CCB as a raw ingredient or mineral filler in the manufacture of the following commercial products: cement; concrete and concrete mortars; cementious products including block, pipe and precast/prestressed components; asphalt or cementious roofing products; plastic products including pipes and fittings; paints and metal alloys; kiln fired products including bricks, blocks, and tiles; abrasive media; gypsum wallboard; asphaltic concrete, or asphalt based paving material.

(3) (Blank). CCB used (A) in accordance with the Illinois Department of Transportation ("IDOT") standard specifications and subsection (a-5) of this Section or (B) under the approval of the Department of Transportation for IDOT projects.

(4) (Blank). Bottom ash used as antiskid material, athletic tracks, or foot paths.

(5) (Blank). Use in the stabilization or modification of soils providing the CCB meets the IDOT specifications for soil modifiers.

(6) (Blank). CCB used as a functionally equivalent substitute for agricultural lime as a soil conditioner.

(6.5) CCB that is a synthetic gypsum that:

(A) has a calcium sulfate dihydrate content greater than 90%, by dry weight, and is generated by the lime or limestone forced oxidation process;

(B) is registered with the Illinois Department of Agriculture as a fertilizer or soil amendment and is used as a fertilizer or soil amendment;

(C) is a functionally equivalent substitute for mined gypsum (calcium sulfate dihydrate) used as a fertilizer or soil amendment;

(D) is used in accordance with, and applied at a rate consistent with, documented recommendations of a qualified agricultural professional or institution, including, but not limited to any of the following: certified crop adviser, agronomist, university researcher, federal Natural Resources Conservation Service Conservation Practice Standard regarding the amendment of soil properties with gypsum, or State-approved nutrient management plan; but in no case is applied at a rate greater than 5 dry tons per acre per year; and

(E) has not been mixed with any waste.

(7) (Blank). Bottom ash used in non-IDOT pavement sub-base or base, pipe bedding, or foundation backfill.

(8) (Blank). Structural fill, designed and constructed according to ASTM standard E2277-03 or Illinois Department of Transportation specifications, when used in an engineered application or combined with cement, sand, or water to produce a controlled strength fill material and covered with 12 inches of soil unless infiltration is prevented by the material itself or other cover material.

(9) (Blank). Mine subsidence, mine fire control, mine sealing, and mine reclamation.

(a-5) (Blank). Except to the extent that the uses are otherwise authorized by law without such restrictions, the uses specified in items (a)(3)(A) and (a)(7) through (9) shall be subject to the following conditions:

(A) CCB shall not have been mixed with hazardous waste prior to use.

(B) CCB shall not exceed Class I Groundwater Standards for metals when tested utilizing test method ASTM D3987-85. The sample or samples tested shall be representative of the CCB being considered for use.

(C) Unless otherwise exempted, users of CCB for the purposes described in items (a)(3)(A) and (a)(7) through (9) of this Section shall provide notification to the Agency for each project utilizing CCB documenting the quantity of CCB utilized and certification of compliance with conditions (A) and (B) of this subsection. Notification shall not be required for users of CCB for purposes described in items (a)(1), (a)(2), (a)(3)(B), (a)(4), (a)(5) and (a)(6) of this Section, or as required specifically under a beneficial use determination as provided under this Section, or pavement base, parking lot base, or building base projects utilizing less than 10,000 tons, flowable fill/grout projects utilizing less than 1,000 cubic yards or other applications utilizing less than 100 tons.

(D) Fly ash shall be managed in a manner that minimizes the generation of airborne particles and dust using techniques such as moisture conditioning, granulating, inground application, or other demonstrated method.

(E) CCB is not to be accumulated speculatively. CCB is not accumulated speculatively if during the calendar year, the CCB used is equal to 75% of the CCB by weight or volume accumulated at the beginning of the period.

(F) CCB shall include any prescribed mixture of fly ash, bottom ash, boiler slag, flue gas desulfurization scrubber sludge, fluidized bed combustion ash, and stoker boiler ash and shall be tested as intended for use.

(b) (Blank).

(c) Users of CCB for the purposes described in this Section shall provide notification to the Agency for each project utilizing CCB documenting the quantity of CCB utilized.

(d) Fly ash shall be managed in a manner that minimizes the generation of airborne particles and dust using techniques such as moisture conditioning, granulating, inground application, or other demonstrated method.

(e) CCB is not to be accumulated speculatively. CCB is not accumulated speculatively if during the calendar year, the CCB used is equal to 75% of the CCB by weight or volume accumulated at the beginning of the period.

(f) CCB shall include any prescribed mixture of fly ash, bottom ash, boiler slag, flue gas desulfurization scrubber sludge, fluidized bed combustion ash, and stoker boiler ash and shall be tested as intended for use.

To encourage and promote the utilization of CCB in productive and beneficial applications, upon request by the applicant, the Agency shall make a written beneficial use determination that coal-combustion waste is CCB when used in a manner other than those uses specified in subsection (a) of this Section if the applicant demonstrates that use of the coal-combustion waste satisfies all of the following criteria: the use will not cause, threaten, or allow the discharge of any contaminant into the environment; the use will otherwise protect human health and safety and the environment; and the use constitutes a legitimate use of the coal-combustion waste as an ingredient or raw material that is an effective substitute for an analogous ingredient or raw material.

The Agency's beneficial use determinations may allow the uses set forth in items (a)(3)(A) and (a)(7) through (9) of this Section without the CCB being subject to the restrictions set forth in subdivisions (a-5)(B) and (a-5)(E) of this Section.

Within 90 days after the receipt of an application for a beneficial use determination under this subsection (b), the Agency shall, in writing, approve, disapprove, or approve with conditions the beneficial use. Any disapproval or approval with conditions shall include the Agency's reasons for the disapproval or conditions. Failure of the Agency to issue a decision within 90 days shall constitute disapproval of the beneficial use request. These beneficial use determinations are subject to review under Section 40 of this Act.

Any approval of a beneficial use under this subsection (b) shall become effective upon the date of the Agency's written decision and remain in effect for a period of 5 years. If an applicant desires to continue a beneficial use after the expiration of the 5-year period, the applicant must submit an application for renewal no later than 90 days prior to the expiration. The beneficial use approval shall be automatically extended unless denied by the Agency in writing with the Agency's reasons for disapproval, or unless the Agency has requested an extension for review, in which case the use will continue to be allowed until an Agency determination is made.

Coal-combustion waste for which a beneficial use is approved pursuant to this subsection (b) shall be considered CCB during the effective period of the approval, as long as it is used in accordance with the approval and any conditions.

Notwithstanding the other provisions of this subsection (b), written beneficial use determination applications for the use of CCB at sites governed by the federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder, or by any law or rule or regulation adopted by the State of Illinois pursuant thereto, shall be reviewed and approved by the Office of Mines and Minerals within the Department of Natural Resources pursuant to 62 Ill. Adm. Code §§ 1700-1850. Further, appeals of those determinations shall be made pursuant to the Illinois Administrative Review Law.

The Board shall adopt rules establishing standards and procedures for the Agency's issuance of beneficial use determinations under this subsection (b). The Board rules may also, but are not required to, include standards and procedures for the revocation of the beneficial use determinations. Prior to the effective date of Board rules adopted under this subsection (b), the Agency is authorized to make beneficial use determinations in accordance with this subsection (b).

(g) The Agency is authorized to prepare and distribute guidance documents relating to its administration of this Section. Guidance documents prepared under this subsection are not rules for the purposes of the Illinois Administrative Procedure Act.

(Source: P.A. 99-20, eff. 7-10-15.)

Section 997. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 999. Effective date. This Act takes effect upon becoming law.".