Full Text of SB3073 102nd General Assembly
SB3073sam002 102ND GENERAL ASSEMBLY | Sen. Adriane Johnson Filed: 2/18/2022
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| 1 | | AMENDMENT TO SENATE BILL 3073
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3073 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 22.59 and by adding Section 22.59a as | 6 | | follows: | 7 | | (415 ILCS 5/22.59) | 8 | | Sec. 22.59. CCR surface impoundments. | 9 | | (a) The General Assembly finds that: | 10 | | (1) the State of Illinois has a long-standing policy | 11 | | to restore, protect, and enhance the environment, | 12 | | including the purity of the air, land, and waters, | 13 | | including groundwaters, of this State; | 14 | | (2) a clean environment is essential to the growth and | 15 | | well-being of this State; | 16 | | (3) CCR generated by the electric generating industry |
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| 1 | | has caused groundwater contamination and other forms of | 2 | | pollution at active and inactive plants throughout this | 3 | | State; | 4 | | (4) environmental laws should be supplemented to | 5 | | ensure consistent, responsible regulation of all existing | 6 | | CCR surface impoundments; and | 7 | | (5) meaningful participation of State residents, | 8 | | especially vulnerable populations who may be affected by | 9 | | regulatory actions, is critical to ensure that | 10 | | environmental justice considerations are incorporated in | 11 | | the development of, decision-making related to, and | 12 | | implementation of environmental laws and rulemaking that | 13 | | protects and improves the well-being of communities in | 14 | | this State that bear disproportionate burdens imposed by | 15 | | environmental pollution ; and . | 16 | | (6) the State places special emphasis on protecting | 17 | | the water quality of Lake Michigan, including the | 18 | | establishment of more stringent water quality standards | 19 | | for that body of water compared to water quality standards | 20 | | applicable for all other bodies of water throughout the | 21 | | State. | 22 | | Therefore, the purpose of this Section is to promote a | 23 | | healthful environment, including clean water, air, and land, | 24 | | meaningful public involvement, and the responsible disposal | 25 | | and storage of coal combustion residuals, so as to protect | 26 | | public health and to prevent pollution of the environment of |
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| 1 | | this State. | 2 | | The provisions of this Section shall be liberally | 3 | | construed to carry out the purposes of this Section. | 4 | | (b) No person shall: | 5 | | (1) cause or allow the discharge of any contaminants | 6 | | from a CCR surface impoundment into the environment so as | 7 | | to cause, directly or indirectly, a violation of this | 8 | | Section or any regulations or standards adopted by the | 9 | | Board under this Section, either alone or in combination | 10 | | with contaminants from other sources; | 11 | | (2) construct, install, modify, operate, or close any | 12 | | CCR surface impoundment without a permit granted by the | 13 | | Agency, or so as to violate any conditions imposed by such | 14 | | permit, any provision of this Section or any regulations | 15 | | or standards adopted by the Board under this Section; | 16 | | (3) cause or allow, directly or indirectly, the | 17 | | discharge, deposit, injection, dumping, spilling, leaking, | 18 | | or placing of any CCR upon the land in a place and manner | 19 | | so as to cause or tend to cause a violation of this Section | 20 | | or any regulations or standards adopted by the Board under | 21 | | this Section; or | 22 | | (4) construct, install, modify, or close a CCR surface
| 23 | | impoundment in accordance with a permit issued under this
| 24 | | Act without certifying to the Agency that all contractors, | 25 | | subcontractors, and installers utilized to construct, | 26 | | install, modify, or close a CCR surface impoundment are |
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| 1 | | participants in: | 2 | | (A) a training program that is approved by and
| 3 | | registered with the United States Department of
| 4 | | Labor's Employment and Training Administration and
| 5 | | that includes instruction in erosion control and
| 6 | | environmental remediation; and | 7 | | (B) a training program that is approved by and
| 8 | | registered with the United States Department of
| 9 | | Labor's Employment and Training Administration and
| 10 | | that includes instruction in the operation of heavy
| 11 | | equipment and excavation. | 12 | | Nothing in this paragraph (4) shall be construed to | 13 | | require providers of construction-related professional | 14 | | services to participate in a training program approved by | 15 | | and registered with the United States Department of | 16 | | Labor's Employment and Training Administration. | 17 | | In this paragraph (4), "construction-related | 18 | | professional services" includes, but is
not limited to, | 19 | | those services within the scope of: (i) the
practice of | 20 | | architecture as regulated under the
Illinois Architecture | 21 | | Practice Act of 1989; (ii) professional
engineering as | 22 | | defined in Section 4 of the Professional
Engineering | 23 | | Practice Act of 1989; (iii) the practice of a structural
| 24 | | engineer as defined in Section 4 of the Structural | 25 | | Engineering Practice Act of
1989; or (iv) land surveying | 26 | | under the Illinois Professional Land
Surveyor Act of 1989. |
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| 1 | | (c) (Blank). | 2 | | (d) Before commencing closure of a CCR surface | 3 | | impoundment, in accordance with Board rules, the owner of a | 4 | | CCR surface impoundment must submit to the Agency for approval | 5 | | a closure alternatives analysis that analyzes all closure | 6 | | methods being considered and that otherwise satisfies all | 7 | | closure requirements adopted by the Board under this Act. | 8 | | Complete removal of CCR, as specified by the Board's rules, | 9 | | from the CCR surface impoundment must be considered and | 10 | | analyzed. Section 3.405 does not apply to the Board's rules | 11 | | specifying complete removal of CCR. The selected closure | 12 | | method must ensure compliance with regulations adopted by the | 13 | | Board pursuant to this Section. | 14 | | (e) Owners or operators of CCR surface impoundments who | 15 | | have submitted a closure plan to the Agency before May 1, 2019, | 16 | | and who have completed closure prior to 24 months after July | 17 | | 30, 2019 (the effective date of Public Act 101-171) shall not | 18 | | be required to obtain a construction permit for the surface | 19 | | impoundment closure under this Section. | 20 | | (f) Except for the State, its agencies and institutions, a | 21 | | unit of local government, or not-for-profit electric | 22 | | cooperative as defined in Section 3.4 of the Electric Supplier | 23 | | Act, any person who owns or operates a CCR surface impoundment | 24 | | in this State shall post with the Agency a performance bond or | 25 | | other security for the purpose of: (i) ensuring closure of the | 26 | | CCR surface impoundment and post-closure care in accordance |
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| 1 | | with this Act and its rules; and (ii) ensuring remediation of | 2 | | releases from the CCR surface impoundment. The only acceptable | 3 | | forms of financial assurance are: a trust fund, a surety bond | 4 | | guaranteeing payment, a surety bond guaranteeing performance, | 5 | | or an irrevocable letter of credit. | 6 | | (1) The cost estimate for the post-closure care of a | 7 | | CCR surface impoundment shall be calculated using a | 8 | | 30-year post-closure care period or such longer period as | 9 | | may be approved by the Agency under Board or federal | 10 | | rules. | 11 | | (2) The Agency is authorized to enter into such | 12 | | contracts and agreements as it may deem necessary to carry | 13 | | out the purposes of this Section. Neither the State, nor | 14 | | the Director, nor any State employee shall be liable for | 15 | | any damages or injuries arising out of or resulting from | 16 | | any action taken under this Section. | 17 | | (3) The Agency shall have the authority to approve or | 18 | | disapprove any performance bond or other security posted | 19 | | under this subsection. Any person whose performance bond | 20 | | or other security is disapproved by the Agency may contest | 21 | | the disapproval as a permit denial appeal pursuant to | 22 | | Section 40. | 23 | | (g) The Board shall adopt rules establishing construction | 24 | | permit requirements, operating permit requirements, design | 25 | | standards, reporting, financial assurance, and closure and | 26 | | post-closure care requirements for CCR surface impoundments. |
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| 1 | | Not later than 8 months after July 30, 2019 (the effective date | 2 | | of Public Act 101-171) the Agency shall propose, and not later | 3 | | than one year after receipt of the Agency's proposal the Board | 4 | | shall adopt, rules under this Section. The Board shall not be | 5 | | deemed in noncompliance with the rulemaking deadline due to | 6 | | delays in adopting rules as a result of the Joint Commission on | 7 | | Administrative Rules oversight process. The rules must, at a | 8 | | minimum: | 9 | | (1) be at least as protective and comprehensive as the | 10 | | federal regulations or amendments thereto promulgated by | 11 | | the Administrator of the United States Environmental | 12 | | Protection Agency in Subpart D of 40 CFR 257 governing CCR | 13 | | surface impoundments; | 14 | | (2) specify the minimum contents of CCR surface | 15 | | impoundment construction and operating permit | 16 | | applications, including the closure alternatives analysis | 17 | | required under subsection (d); | 18 | | (3) specify which types of permits include | 19 | | requirements for closure, post-closure, remediation and | 20 | | all other requirements applicable to CCR surface | 21 | | impoundments; | 22 | | (4) specify when permit applications for existing CCR | 23 | | surface impoundments must be submitted, taking into | 24 | | consideration whether the CCR surface impoundment must | 25 | | close under the RCRA; | 26 | | (5) specify standards for review and approval by the |
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| 1 | | Agency of CCR surface impoundment permit applications; | 2 | | (6) specify meaningful public participation procedures | 3 | | for the issuance of CCR surface impoundment construction | 4 | | and operating permits, including, but not limited to, | 5 | | public notice of the submission of permit applications, an | 6 | | opportunity for the submission of public comments, an | 7 | | opportunity for a public hearing prior to permit issuance, | 8 | | and a summary and response of the comments prepared by the | 9 | | Agency; | 10 | | (7) prescribe the type and amount of the performance | 11 | | bonds or other securities required under subsection (f), | 12 | | and the conditions under which the State is entitled to | 13 | | collect moneys from such performance bonds or other | 14 | | securities; | 15 | | (8) specify a procedure to identify areas of | 16 | | environmental justice concern in relation to CCR surface | 17 | | impoundments; | 18 | | (9) specify a method to prioritize CCR surface | 19 | | impoundments required to close under RCRA if not otherwise | 20 | | specified by the United States Environmental Protection | 21 | | Agency, so that the CCR surface impoundments with the | 22 | | highest risk to public health and the environment, and | 23 | | areas of environmental justice concern are given first | 24 | | priority; | 25 | | (10) define when complete removal of CCR is achieved | 26 | | and specify the standards for responsible removal of CCR |
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| 1 | | from CCR surface impoundments, including, but not limited | 2 | | to, dust controls and the protection of adjacent surface | 3 | | water and groundwater; and | 4 | | (11) describe the process and standards for | 5 | | identifying a specific alternative source of groundwater | 6 | | pollution when the owner or operator of the CCR surface | 7 | | impoundment believes that groundwater contamination on the | 8 | | site is not from the CCR surface impoundment. | 9 | | (h) Any owner of a CCR surface impoundment that generates | 10 | | CCR and sells or otherwise provides coal combustion byproducts | 11 | | pursuant to Section 3.135 shall, every 12 months, post on its | 12 | | publicly available website a report specifying the volume or | 13 | | weight of CCR, in cubic yards or tons, that it sold or provided | 14 | | during the past 12 months. | 15 | | (i) The owner of a CCR surface impoundment shall post all | 16 | | closure plans, permit applications, and supporting | 17 | | documentation, as well as any Agency approval of the plans or | 18 | | applications on its publicly available website. | 19 | | (j) The owner or operator of a CCR surface impoundment | 20 | | shall pay the following fees: | 21 | | (1) An initial fee to the Agency within 6 months after | 22 | | July 30, 2019 (the effective date of Public Act 101-171) | 23 | | of: | 24 | | $50,000 for each closed CCR surface impoundment; | 25 | | and | 26 | | $75,000 for each CCR surface impoundment that have |
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| 1 | | not completed closure. | 2 | | (2) Annual fees to the Agency, beginning on July 1, | 3 | | 2020, of: | 4 | | $25,000 for each CCR surface impoundment that has | 5 | | not completed closure; and | 6 | | $15,000 for each CCR surface impoundment that has | 7 | | completed closure, but has not completed post-closure | 8 | | care. | 9 | | (k) All fees collected by the Agency under subsection (j) | 10 | | shall be deposited into the Environmental Protection Permit | 11 | | and Inspection Fund. | 12 | | (l) The Coal Combustion Residual Surface Impoundment | 13 | | Financial Assurance Fund is created as a special fund in the | 14 | | State treasury. Any moneys forfeited to the State of Illinois | 15 | | from any performance bond or other security required under | 16 | | this Section shall be placed in the Coal Combustion Residual | 17 | | Surface Impoundment Financial Assurance Fund and shall, upon | 18 | | approval by the Governor and the Director, be used by the | 19 | | Agency for the purposes for which such performance bond or | 20 | | other security was issued. The Coal Combustion Residual | 21 | | Surface Impoundment Financial Assurance Fund is not subject to | 22 | | the provisions of subsection (c) of Section 5 of the State | 23 | | Finance Act. | 24 | | (m) The provisions of this Section shall apply, without | 25 | | limitation, to all existing CCR surface impoundments and any | 26 | | CCR surface impoundments constructed after July 30, 2019 (the |
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| 1 | | effective date of Public Act 101-171), except to the extent | 2 | | prohibited by the Illinois or United States Constitutions. | 3 | | (n) This subsection only applies to an owner or operator | 4 | | of a facility that (i) has at least one CCR surface impoundment | 5 | | and (ii) is an electric generating plant located within 4,000 | 6 | | feet of Lake Michigan. | 7 | | CCR in all CCR surface impoundments subject to this | 8 | | subsection, including CCR surface impoundments for which an | 9 | | adjusted standard has been sought pursuant to Section 28.1, | 10 | | shall be closed by removal and off-site disposal, pursuant to | 11 | | this Section, applicable Illinois Pollution Control Board | 12 | | regulations, and the following provisions: | 13 | | (1) CCR surface impoundments under this subsection are | 14 | | not subject to the closure alternative analysis required | 15 | | under subsection (d). | 16 | | (2) Notwithstanding any other requirements of this | 17 | | Section or Board rules or regulations, applications for | 18 | | closure construction subject to this subsection shall be | 19 | | submitted to the Agency within one year after the | 20 | | effective date of this amendatory Act of the 102nd General | 21 | | Assembly. Application requirements and permit issuance | 22 | | procedures shall follow those adopted by the Illinois | 23 | | Pollution Control Board under this Section. | 24 | | (3) If the owner or operator of any CCR surface | 25 | | impoundment subject to this subsection has submitted a | 26 | | construction permit application to the Agency to close a |
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| 1 | | subject CCR surface impoundment by any method other than | 2 | | removal under Part 845 of Title 35 of the Illinois | 3 | | Administrative Code, the owner or operator shall submit an | 4 | | amended construction permit application that complies with | 5 | | the requirements of this Section within one year after the | 6 | | effective date of this amendatory Act of 102nd General | 7 | | Assembly. | 8 | | (4) Any permit issued by the Agency allowing a CCR | 9 | | surface impoundment subject to this subsection to close in | 10 | | place shall be declared void. The Agency shall not issue | 11 | | any operating permit or construction permit allowing | 12 | | closure in place to the owner or operator of any CCR | 13 | | surface impoundment subject to this subsection.
| 14 | | (Source: P.A. 101-171, eff. 7-30-19; 102-16, eff. 6-17-21; | 15 | | 102-137, eff. 7-23-21; 102-309, eff. 8-6-21; 102-558, eff. | 16 | | 8-20-21; 102-662, eff. 9-15-21; revised 10-14-21.) | 17 | | (415 ILCS 5/22.59a new) | 18 | | Sec. 22.59a. Great Lakes CCR protection. | 19 | | (a) The General Assembly finds that: | 20 | | (1) The State has a long-standing policy to restore, | 21 | | protect, and enhance the environment, and has a particular | 22 | | interest in preserving the quality of Lake Michigan, which | 23 | | serves as a drinking water source for millions of State | 24 | | residents and provides irreplaceable recreational, | 25 | | ecological, and economic value to Illinois. |
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| 1 | | (2) CCR generated by the electric generating industry | 2 | | has contaminated, and continues to contaminate, Lake | 3 | | Michigan, and CCR placed in unlined deposits, including | 4 | | deposits outside of CCR surface impoundments as well as in | 5 | | CCR surface impoundments, continues to threaten the | 6 | | quality of Lake Michigan's water. | 7 | | (3) The purpose of this Section is to protect Lake | 8 | | Michigan against further contamination from CCR. | 9 | | (b) This Section only applies to an owner or operator of a | 10 | | facility that (i) generates or has generated CCR that is not | 11 | | disposed of, treated, stored, or abandoned in a CCR surface | 12 | | impoundment and (ii) is an electric generating plant located | 13 | | within 4,000 feet of Lake Michigan. | 14 | | (c) An owner or operator of a facility that is subject to | 15 | | this Section shall remove from the owner's or operator's site, | 16 | | for off-site disposal, all CCR generated by the facility and | 17 | | remediate all soil and groundwater impacted by the CCR, in | 18 | | accordance with the following: | 19 | | (1) Within one year after the effective date of this | 20 | | amendatory Act of the 102nd General Assembly, the owner or | 21 | | operator shall conduct a site investigation and submit to | 22 | | the Agency a site investigation report that identifies the | 23 | | full extent of CCR at the site. The investigation and | 24 | | report shall also identify the full extent of soil and | 25 | | groundwater that, as a result of the CCR, exceeds the most | 26 | | stringent remediation objectives adopted under Title XVII |
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| 1 | | of this Act. | 2 | | (A) Within 5 days after submitting the report to | 3 | | the Agency, the owner or operator shall post public | 4 | | notice of the report's submission (i) on the owner or | 5 | | operator's website, along with a copy of the report | 6 | | for public viewing, and (ii) in a newspaper of general | 7 | | distribution in the municipality where the applicable | 8 | | electric generating plant is located. The notice shall | 9 | | be provided in English and Spanish and shall inform | 10 | | the public of their right to submit comments on the | 11 | | report to the Agency within 30 days after the date the | 12 | | notice is published in the newspaper. The owner or | 13 | | operator shall also maintain a copy of the report in a | 14 | | public repository in the municipality where the | 15 | | applicable electric generating plant is located for | 16 | | public viewing, which shall be identified in the | 17 | | public notice. | 18 | | (B) Within 90 days after receipt of the site | 19 | | investigation report, the Agency shall determine | 20 | | whether the investigation and report complies with | 21 | | this paragraph (1). In making its determination, the | 22 | | Agency shall consider all public comments submitted | 23 | | within 30 days after the date of the newspaper notice | 24 | | required under subparagraph (A). | 25 | | (C) If the Agency determines the investigation and | 26 | | report complies with this paragraph (1) it shall |
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| 1 | | notify the owner or operator in writing of its | 2 | | determination. The owner or operator shall then submit | 3 | | a CCR removal and remediation plan in accordance with | 4 | | paragraph (2). | 5 | | (D) If the Agency determines the investigation or | 6 | | report does not comply with this paragraph (1) it | 7 | | shall notify the owner or operator in writing of its | 8 | | determination and the reasons for the determination. | 9 | | The owner or operator shall then have 6 months to (i) | 10 | | perform additional investigation or correct any | 11 | | deficiencies and (ii) submit an amended site | 12 | | investigation report to the Agency, which shall be | 13 | | subject to the same submission and review procedures | 14 | | set forth in this paragraph (1). | 15 | | (2) Within 6 months after the Agency's approval of the | 16 | | site investigation report, the owner or operator shall | 17 | | submit to the Agency a CCR removal and remediation plan | 18 | | that will achieve the removal of all CCR at the site and | 19 | | the remediation of all soil and groundwater that, as a | 20 | | result of the CCR, exceeds the most stringent remediation | 21 | | objectives adopted under Title XVII of this Act. The plan | 22 | | shall include a schedule for completion of its major | 23 | | milestones, along with the following: | 24 | | (A) An analysis of the modes for transporting the | 25 | | removed CCR off-site, including by rail, barge, | 26 | | low-polluting trucks, or a combination of these |
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| 1 | | transportation modes. | 2 | | (B) Removal of CCR consistent with 35 Ill. Adm. | 3 | | Code 845.740 and 845.760. | 4 | | (C) Within 5 days after submitting the plan to the | 5 | | Agency, the owner or operator shall post public notice | 6 | | of the plan's submission (i) on the owner or | 7 | | operator's website, along with a copy of the plan for | 8 | | public viewing, and (ii) in a newspaper of general | 9 | | distribution in the municipality where the applicable | 10 | | electric generating plant is located. The notice shall | 11 | | be provided in English and Spanish and shall inform | 12 | | the public of their right to submit comments on the | 13 | | plan to the Agency within 30 days after the date the | 14 | | notice is published in the newspaper. The owner or | 15 | | operator shall also maintain a copy of the report in a | 16 | | public repository in the municipality where the | 17 | | applicable electric generating plant is located for | 18 | | public viewing, which shall be identified in the | 19 | | public notice. | 20 | | (D) Within 90 days after receipt of the plan, the | 21 | | Agency shall determine whether the plan complies with | 22 | | this paragraph (2). In making its determination, the | 23 | | Agency shall consider all public comments submitted | 24 | | within 30 days after the date of the newspaper notice | 25 | | required under subparagraph (C). | 26 | | (E) If the Agency determines the plan, with or |
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| 1 | | without Agency modifications, complies with paragraph | 2 | | (2), it shall notify the owner or operator in writing | 3 | | of its determination. The owner or operator shall then | 4 | | proceed with implementation of the plan, including any | 5 | | modifications by the Agency, and submission of a | 6 | | removal and remediation report in accordance with | 7 | | paragraph (3). | 8 | | (F) If the Agency determines the investigation or | 9 | | report does not comply with paragraph (2), it shall | 10 | | notify the owner or operator in writing of its | 11 | | determination and the reasons for the determination. | 12 | | The owner or operator shall then have 60 days to submit | 13 | | an amended plan to the Agency, which shall be subject | 14 | | to the same submission and review procedures set forth | 15 | | in subparagraphs (C) and (D). | 16 | | (3) In accordance with a schedule approved by the | 17 | | Agency, the owner or operator shall implement the | 18 | | remediation plan and provide the Agency with updates on | 19 | | the plan's implementation. Upon completion of the plan, | 20 | | the owner or operator shall submit a completion report to | 21 | | the Agency. | 22 | | (A) Within 5 days after submitting an update or | 23 | | the completion report to the Agency on plan | 24 | | implementation, the owner or operator shall post | 25 | | public notice of the report's submission (i) on the | 26 | | owner or operator's website, along with a copy of the |
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| 1 | | report for public viewing, and (ii) in a newspaper of | 2 | | general distribution in the municipality where the | 3 | | applicable electric generating plant is located. The | 4 | | notice shall be provided in English and Spanish and | 5 | | shall inform the public of their right to submit | 6 | | comments on the report to the Agency within 30 days | 7 | | after the date the notice is published in the | 8 | | newspaper. The owner or operator shall also maintain a | 9 | | copy of the report in a public repository in the | 10 | | municipality where the applicable electric generating | 11 | | plant is located for public viewing, which shall be | 12 | | identified in the public notice. | 13 | | (B) Within 90 days after receipt of the completion | 14 | | report, the Agency shall determine whether the removal | 15 | | and remediation has resulted in (i) the removal of all | 16 | | CCR at the site and (ii) the remediation of all soil | 17 | | and groundwater that, as a result of the CCR, exceeds | 18 | | the most stringent remediation objectives adopted | 19 | | under Title XVII of this Act. In making its | 20 | | determination, the Agency shall consider all public | 21 | | comments submitted within 30 days after the date of | 22 | | the newspaper notice required under subparagraph (A). | 23 | | (C) If the Agency determines that the required | 24 | | removal and remediation is complete, it shall notify | 25 | | the owner or operator in writing of its determination. | 26 | | (D) If the Agency determines that the required |
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| 1 | | removal and remediation is not complete, it shall | 2 | | notify the owner or operator in writing of its | 3 | | determination and the reasons for the determination. | 4 | | The owner or operator shall then continue removal or | 5 | | remediation, and submit reports to the Agency, in | 6 | | accordance with a schedule established by the Agency. | 7 | | Reports shall be subject to the same submission and | 8 | | review procedures set forth in subparagraphs (A) and | 9 | | (B). If necessary, the owner or operator may amend the | 10 | | plan and submit it for review and approval in | 11 | | accordance with paragraph (2). | 12 | | (d) Except for the State, its agencies and institutions, a | 13 | | unit of local government, or not-for-profit electric | 14 | | cooperative as defined in Section 3.4 of the Electric Supplier | 15 | | Act, an owner or operator shall post with the Agency a | 16 | | performance bond or other security for the purpose of ensuring | 17 | | removal and remediation in accordance with this Section. The | 18 | | only acceptable forms of financial assurance are the forms of | 19 | | financial assurance that are acceptable for CCR surface | 20 | | impoundments under Section 22.59. | 21 | | (e) The Agency may enter into such contracts and | 22 | | agreements as it deems necessary to carry out the purposes of | 23 | | this Section. Neither the State, nor the Director of the | 24 | | Agency, nor any State employee shall be liable for any damages | 25 | | or injuries arising out of or resulting from any action taken | 26 | | under this Section. |
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| 1 | | (f) The Agency may approve or disapprove any performance | 2 | | bond or other security posted under this Section. Any person | 3 | | whose performance bond or other security is disapproved by the | 4 | | Agency may contest the disapproval as a permit denial appeal | 5 | | pursuant to Section 40.
| 6 | | Section 97. Severability. The provisions of this Act are | 7 | | severable under Section 1.31 of the Statute on Statutes. | 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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