Full Text of SB0970 95th General Assembly
SB0970enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning conservation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| University of Illinois Scientific Surveys Act. | 6 |
| Section 5. Purposes. The purposes of this Act are to | 7 |
| establish at the University of Illinois an institute for | 8 |
| natural resources sustainability and to transfer to it all | 9 |
| rights, powers, duties, property, and functions currently | 10 |
| vested in the Department of Natural Resources pertaining to its | 11 |
| Natural History Survey division, State Water Survey division, | 12 |
| State Geological Survey division, and Waste Management and | 13 |
| Research Center division (which may also be referred to as the | 14 |
| Illinois Sustainable Technology Center). | 15 |
| Section 10. Definitions. For the purposes of this Act, | 16 |
| unless the context otherwise requires: | 17 |
| "Board of Trustees" means the Board of Trustees of the | 18 |
| University of Illinois. | 19 |
| "Scientific Surveys" means, collectively, the State | 20 |
| Natural History Survey division, the State Water Survey | 21 |
| division, the State Geological Survey division, and the Waste | 22 |
| Management and Research Center division transferred by this Act |
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| from the Department of Natural Resources to the Board of | 2 |
| Trustees. | 3 |
| Section 15. Organization. The Board of Trustees shall | 4 |
| establish and operate an institute for natural sciences and | 5 |
| sustainability. The institute shall contain within it the State | 6 |
| Natural History Survey division, the State Water Survey | 7 |
| division, the State Geological Survey division, the Waste | 8 |
| Management and Research Center division, and such other related | 9 |
| entities, research functions, and responsibilities as may be | 10 |
| appropriate. The institute shall be under the governance and | 11 |
| control of the Board of Trustees. | 12 |
| Section 20. General powers and duties. In addition to its | 13 |
| other powers and duties, the Board of Trustees shall have the | 14 |
| power to provide for the management and operation of the | 15 |
| Scientific Surveys including, but not limited to, the following | 16 |
| powers and duties which shall be performed by the Scientific | 17 |
| Surveys: | 18 |
| (1) To investigate and study the natural resources of the | 19 |
| State and to prepare reports and furnish information | 20 |
| fundamental to the conservation and development of natural | 21 |
| resources and, for that purpose, the officers and employees | 22 |
| thereof shall have the authority to enter and cross all lands | 23 |
| in this State, doing no damage to private property. | 24 |
| (2) To collaborate with and advise departments having |
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| administrative powers and duties relating to the natural | 2 |
| resources of the State, and to collaborate with similar | 3 |
| departments in other states and with the United States | 4 |
| Government. | 5 |
| (3) To conduct a natural history survey of the State, | 6 |
| giving preference to subjects of educational and economical | 7 |
| importance. | 8 |
| (4) To investigate the entomology of the State. | 9 |
| (5) To investigate all insects dangerous or injurious to | 10 |
| agricultural or horticultural plants and crops, to livestock, | 11 |
| to nursery trees and plants, to the products of the truck farm | 12 |
| and vegetable garden, to shade trees and other ornamental | 13 |
| vegetation of cities and villages, and to the products of the | 14 |
| mills and the contents of warehouses, and all insects injurious | 15 |
| or dangerous to the public health. | 16 |
| (6) To study the geological formation of the State with | 17 |
| reference to its resources of coal, ores, clays, building | 18 |
| stones, cement, materials suitable for use in the construction | 19 |
| of the roads, gas, oil, mineral and artesian water, aquifers | 20 |
| and aquitards, and other resources and products. | 21 |
| (7) To cooperate with United States federal agencies in the | 22 |
| preparation and completion of a contour topographic map and the | 23 |
| collection, recording, and printing of water and atmospheric | 24 |
| resource data including stream flow measurements and to collect | 25 |
| facts and data concerning the volumes and flow of underground, | 26 |
| surface, and atmospheric waters of the State and to determine |
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| the mineral and chemical qualities of water from different | 2 |
| geological formations and surface and atmospheric waters for | 3 |
| the various sections of the State. | 4 |
| (8) To act as the central data repository and research | 5 |
| coordinator for the State in matters related to water and | 6 |
| atmospheric resources. The State Water Survey of the University | 7 |
| of Illinois may monitor and evaluate all weather modification | 8 |
| operations in Illinois. | 9 |
| (9) To collaborate with the Illinois State Academy of | 10 |
| Science and to publish the results of the investigations and | 11 |
| research in the field of natural science to the end that the | 12 |
| same may be distributed to the interested public. | 13 |
| (10) To perform all other duties and assume all obligations | 14 |
| of the Department of Natural Resources pertaining to the State | 15 |
| Water Survey, the State Geological Survey, the State Natural | 16 |
| History Survey, and the Waste Management and Research Center. | 17 |
| (11) To maintain all previously existing relationships | 18 |
| between the State Water Survey, the State Geological Survey, | 19 |
| the State Natural History Survey, and the Illinois Sustainable | 20 |
| Technology Center and the public and private colleges and | 21 |
| universities in Illinois. | 22 |
| (12) To participate in federal geologic mapping programs.
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| (13) To conduct educational programs to further the | 24 |
| exchange of information
to reduce the generation of hazardous | 25 |
| wastes or to treat or dispose of
such wastes so as to make them | 26 |
| nonhazardous.
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| (14) To provide a technical information service for | 2 |
| industries involved in
the generation, treatment, or disposal | 3 |
| of hazardous wastes.
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| (15) To disseminate information regarding advances in | 5 |
| hazardous waste
management technology that could both protect | 6 |
| the environment and further
industrial productivity.
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| (16) To provide research in areas related to reduction of | 8 |
| the generation of
hazardous wastes; treatment, recycling and | 9 |
| reuse; and other issues that
the Board may suggest. | 10 |
| Section 25. Transfer of powers. All of the rights, powers, | 11 |
| and duties vested by law in the Department of Natural | 12 |
| Resources, or in any office, division, or bureau thereof, and | 13 |
| pertaining in any way to the operation, management, control, | 14 |
| and maintenance of the Scientific Surveys, including but not | 15 |
| limited to, the authority to impose and collect fees and | 16 |
| service charges, as deemed appropriate and necessary by the | 17 |
| Board of Trustees, for the services performed or provided by | 18 |
| the Scientific Surveys, are hereby transferred to and vested in | 19 |
| the Board of Trustees. | 20 |
| Section 30. Transfer of personnel. The employment of all | 21 |
| scientific and nonscientific personnel employed by the | 22 |
| Department of Natural Resources on behalf of the Scientific | 23 |
| Surveys is hereby transferred to the Board of Trustees. The | 24 |
| transfer shall not affect the status and rights of any person |
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| under the State Universities Retirement System or the State | 2 |
| Universities Civil Service System. | 3 |
| Section 35. Transfer of property. | 4 |
| (a) All books, records, papers, documents, property (real | 5 |
| and personal), contracts, grants, and pending business in any | 6 |
| way pertaining to the Scientific Surveys and to the rights, | 7 |
| powers, and duties transferred by this Act from the Department | 8 |
| of Natural Resources to the Board of Trustees, including but | 9 |
| not limited to material in electronic or magnetic format and | 10 |
| necessary computer hardware and software, shall be delivered | 11 |
| and transferred to the Board of Trustees. | 12 |
| (b) The Board of Trustees shall succeed to, assume, and | 13 |
| exercise all rights, powers, duties, property, and | 14 |
| responsibilities formerly exercised by the Department of | 15 |
| Natural Resources on behalf of the Scientific Surveys prior to | 16 |
| the effective date of this Section. All contracts, grants, and | 17 |
| agreements entered into by any of the Scientific Surveys or the | 18 |
| Department of Natural Resources on behalf of any of the | 19 |
| Scientific Surveys, prior to the effective date of this Section | 20 |
| shall subsist notwithstanding the transfer of the functions of | 21 |
| the Department of Natural Resources with respect to Scientific | 22 |
| Surveys to the Board of Trustees. All bonds, notes, and other | 23 |
| evidences of indebtedness outstanding on the effective date of | 24 |
| this Section issued by the Department of Natural Resources on | 25 |
| behalf of the Scientific Surveys, or any of them, shall become |
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| the bonds, notes, or other evidences of indebtedness of the | 2 |
| University of Illinois and shall be otherwise unaffected by the | 3 |
| transfer of functions to the Board of Trustees. | 4 |
| (c) The title to all patents, trademarks, and copyrights | 5 |
| issued to any of the Scientific Surveys prior to the effective | 6 |
| date of this Section is hereby transferred to and vested in the | 7 |
| Board of Trustees. Any income received from those patents, | 8 |
| trademarks, and copyrights and any funds received in connection | 9 |
| with the retention, receipt, assignment, license, sale, or | 10 |
| transfer of interest in, rights to, or income from discoveries, | 11 |
| inventions, patents, trademarks, or copyrightable works of any | 12 |
| of the Scientific Surveys shall become the property of the | 13 |
| Board of Trustees on behalf of the University of Illinois. | 14 |
| (d) The title to all other property, whether real, | 15 |
| personal, or mixed, and all accounts receivable belonging to or | 16 |
| under the jurisdiction of the Department of Natural Resources | 17 |
| in any way pertaining to the Scientific Surveys, or any of | 18 |
| them, prior to the effective date of this Section is hereby | 19 |
| transferred to and vested in the Board of Trustees on behalf of | 20 |
| the University of Illinois. | 21 |
| Section 40. Unexpended moneys transferred. | 22 |
| (a) The right of custody, possession, and control over all | 23 |
| items of income, funds, or deposits in any way pertaining to | 24 |
| the Scientific Surveys prior to the effective date of this | 25 |
| Section that are held or retained by, or under the jurisdiction |
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| of, the Department of Natural Resources is hereby transferred | 2 |
| to and vested in the Board of Trustees to be retained by the | 3 |
| University in its treasury, or deposited with a bank or savings | 4 |
| and loan association, all in accordance with the provisions of | 5 |
| paragraph (2) of Section 6d of the State Finance Act. | 6 |
| (b) All unexpended appropriations and balances and other | 7 |
| moneys available for use in connection with any of the | 8 |
| functions transferred to the Board of Trustees under this Act, | 9 |
| including but not limited to all unexpended grant proceeds | 10 |
| pertaining in any way to the Scientific Surveys, is hereby | 11 |
| transferred from the Department of Natural Resources to the | 12 |
| Board of Trustees for use by the Board of Trustees in the | 13 |
| exercise of those functions transferred. Unexpended balances | 14 |
| so transferred shall be retained by the University of Illinois | 15 |
| in its own treasury, or deposited with a bank or savings and | 16 |
| loan association, and expended only for the purpose for which | 17 |
| the appropriations or grants were originally made, all in | 18 |
| accordance with the provisions of paragraph (2) of Section 6d | 19 |
| of the State Finance Act. | 20 |
| Section 45. Funds retained and disbursed. The University of | 21 |
| Illinois may retain in its treasury any funds derived from | 22 |
| contracts, grants, fees, service charges, rentals, or other | 23 |
| sources, assessed or obtained for or arising out of the | 24 |
| operation of the Scientific Surveys. Those funds shall be | 25 |
| disbursed from time to time pursuant to the order and direction |
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| of the Board of Trustees, and in accordance with any contracts, | 2 |
| pledges, trusts, or agreements heretofore or hereafter made by | 3 |
| the Board of Trustees. | 4 |
| Section 50. Savings provisions. | 5 |
| (a) The rights, powers and duties retained in the | 6 |
| Department of Natural Resources and not transferred under this | 7 |
| Act shall remain vested in and shall be exercised by the | 8 |
| Department subject to the provisions of this Act. | 9 |
| (b) The transfer of rights, powers, and duties to the Board | 10 |
| of Trustees under this Act does not invalidate any previous | 11 |
| action taken by or in respect to any of its predecessor | 12 |
| departments or divisions or their officers or employees. | 13 |
| References to these predecessor departments or divisions or | 14 |
| their officers or employees in any document, contract, | 15 |
| agreement, or law shall, in appropriate contexts, be deemed to | 16 |
| refer to the successor department, agency, officer, or | 17 |
| employee. The Scientific Surveys shall continue to be eligible | 18 |
| to receive sponsored funding from the Department of Natural | 19 |
| Resources or any other State agency. | 20 |
| (c) The transfer of powers and duties to the Board of | 21 |
| Trustees under this Act does not affect any person's rights, | 22 |
| obligations, or duties, including any civil or criminal | 23 |
| penalties applicable thereto, arising out of those transferred | 24 |
| powers and duties. | 25 |
| (d) Whenever reports or notices are now required to be made |
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| or given or documents furnished or served by any person to or | 2 |
| upon the departments or divisions, officers, and employees | 3 |
| transferred by this Act, they shall be made, given, furnished, | 4 |
| or served in the same manner to or upon the successor | 5 |
| department or agency, officer, or employee. | 6 |
| (e) This Act does not affect any act done, ratified, or | 7 |
| cancelled, any right occurring or established, or any action or | 8 |
| proceeding had or commenced in an administrative, civil, or | 9 |
| criminal cause before this Act takes effect. Any such action or | 10 |
| proceeding still pending may be prosecuted and continued by the | 11 |
| Department of Natural Resources. | 12 |
| Section 55. Successor agency. For purposes of the Successor | 13 |
| Agency Act and Section 9b of the State Finance Act, the Board | 14 |
| of Trustees is the successor to the Department of Natural | 15 |
| Resources with respect to the rights, powers, duties, property, | 16 |
| functions, and other matters transferred by this Act. | 17 |
| Section 800. The Personnel Code is amended by changing | 18 |
| Section 4c as follows: | 19 |
| (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | 20 |
| Sec. 4c. General exemptions. The following positions in | 21 |
| State
service shall be exempt from jurisdictions A, B, and C, | 22 |
| unless the
jurisdictions shall be extended as provided in this | 23 |
| Act:
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| (1) All officers elected by the people.
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| (2) All positions under the Lieutenant Governor, | 3 |
| Secretary of State,
State Treasurer, State Comptroller, | 4 |
| State Board of Education, Clerk of
the Supreme Court,
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| Attorney General, and State Board of Elections.
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| (3) Judges, and officers and employees of the courts, | 7 |
| and notaries
public.
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| (4) All officers and employees of the Illinois General | 9 |
| Assembly, all
employees of legislative commissions, all | 10 |
| officers and employees of the
Illinois Legislative | 11 |
| Reference Bureau, the Legislative
Research Unit, and the | 12 |
| Legislative Printing Unit.
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| (5) All positions in the Illinois National Guard and | 14 |
| Illinois State
Guard, paid from federal funds or positions
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| in the State Military Service filled by enlistment and paid | 16 |
| from State
funds.
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| (6) All employees of the Governor at the executive | 18 |
| mansion and on
his immediate personal staff.
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| (7) Directors of Departments, the Adjutant General, | 20 |
| the Assistant
Adjutant General, the Director of the | 21 |
| Illinois Emergency
Management Agency, members of boards | 22 |
| and commissions, and all other
positions appointed by the | 23 |
| Governor by and with the consent of the
Senate.
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| (8) The presidents, other principal administrative | 25 |
| officers, and
teaching, research and extension faculties | 26 |
| of
Chicago State University, Eastern Illinois University, |
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| Governors State
University, Illinois State University, | 2 |
| Northeastern Illinois University,
Northern Illinois | 3 |
| University, Western Illinois University, the Illinois
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| Community College Board, Southern Illinois
University, | 5 |
| Illinois Board of Higher Education, University of
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| Illinois, State Universities Civil Service System, | 7 |
| University Retirement
System of Illinois, and the | 8 |
| administrative officers and scientific and
technical staff | 9 |
| of the Illinois State Museum.
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| (9) All other employees except the presidents, other | 11 |
| principal
administrative officers, and teaching, research | 12 |
| and extension faculties
of the universities under the | 13 |
| jurisdiction of the Board of Regents and
the colleges and | 14 |
| universities under the jurisdiction of the Board of
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| Governors of State Colleges and Universities, Illinois | 16 |
| Community College
Board, Southern Illinois University, | 17 |
| Illinois Board of Higher Education,
Board of Governors of | 18 |
| State Colleges and Universities, the Board of
Regents, | 19 |
| University of Illinois, State Universities Civil Service
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| System, University Retirement System of Illinois, so long | 21 |
| as these are
subject to the provisions of the State | 22 |
| Universities Civil Service Act.
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| (10) The State Police so long as they are subject to | 24 |
| the merit
provisions of the State Police Act.
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| (11) (Blank). The scientific staff of the State | 26 |
| Scientific Surveys and the
Waste Management and Research
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| Center.
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| (12) The technical and engineering staffs of the | 3 |
| Department of
Transportation, the Department of Nuclear | 4 |
| Safety, the Pollution Control
Board, and the Illinois | 5 |
| Commerce Commission, and the technical and engineering
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| staff providing architectural and engineering services in | 7 |
| the Department of
Central Management Services.
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| (13) All employees of the Illinois State Toll Highway | 9 |
| Authority.
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| (14) The Secretary of the Illinois Workers' | 11 |
| Compensation Commission.
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| (15) All persons who are appointed or employed by the | 13 |
| Director of
Insurance under authority of Section 202 of the | 14 |
| Illinois Insurance Code
to assist the Director of Insurance | 15 |
| in discharging his responsibilities
relating to the | 16 |
| rehabilitation, liquidation, conservation, and
dissolution | 17 |
| of companies that are subject to the jurisdiction of the
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| Illinois Insurance Code.
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| (16) All employees of the St. Louis Metropolitan Area | 20 |
| Airport
Authority.
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| (17) All investment officers employed by the Illinois | 22 |
| State Board of
Investment.
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| (18) Employees of the Illinois Young Adult | 24 |
| Conservation Corps program,
administered by the Illinois | 25 |
| Department of Natural Resources, authorized
grantee under | 26 |
| Title VIII of the Comprehensive
Employment and Training Act |
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| of 1973, 29 USC 993.
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| (19) Seasonal employees of the Department of | 3 |
| Agriculture for the
operation of the Illinois State Fair | 4 |
| and the DuQuoin State Fair, no one
person receiving more | 5 |
| than 29 days of such employment in any calendar year.
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| (20) All "temporary" employees hired under the | 7 |
| Department of Natural
Resources' Illinois Conservation | 8 |
| Service, a youth
employment program that hires young people | 9 |
| to work in State parks for a period
of one year or less.
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| (21) All hearing officers of the Human Rights | 11 |
| Commission.
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| (22) All employees of the Illinois Mathematics and | 13 |
| Science Academy.
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| (23) All employees of the Kankakee River Valley Area
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| Airport Authority.
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| (24) The commissioners and employees of the Executive | 17 |
| Ethics
Commission.
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| (25) The Executive Inspectors General, including | 19 |
| special Executive
Inspectors General, and employees of | 20 |
| each Office of an
Executive Inspector General.
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| (26) The commissioners and employees of the | 22 |
| Legislative Ethics
Commission.
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| (27) The Legislative Inspector General, including | 24 |
| special Legislative
Inspectors General, and employees of | 25 |
| the Office of
the Legislative Inspector General.
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| (28) The Auditor General's Inspector General and |
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| employees of the Office
of the Auditor General's Inspector | 2 |
| General.
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| (Source: P.A. 93-617, eff. 12-9-03; 93-721, eff. 1-1-05; | 4 |
| 93-1091, eff. 3-29-05.)
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| Section 805. The Department of Commerce and Economic | 6 |
| Opportunity Law of the
Civil Administrative Code of Illinois is | 7 |
| amended by changing Section 605-515 as follows:
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| (20 ILCS 605/605-515) (was 20 ILCS 605/46.13a)
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| Sec. 605-515. Environmental Regulatory Assistance Program.
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| (a) In this Section, except where the
context clearly | 11 |
| requires otherwise, "small business stationary source" means a
| 12 |
| business that is owned
or operated by a person that employs 100 | 13 |
| or fewer individuals; is a small
business; is not a major | 14 |
| stationary source as defined in Titles I and III
of the federal | 15 |
| 1990 Clean Air Act Amendments; does not emit 50 tons or more
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| per year of any regulated pollutant (as defined under the | 17 |
| federal Clean Air
Act); and emits less than 75 tons per year of | 18 |
| all regulated pollutants.
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| (b) The Department may:
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| (1) Provide access to technical and compliance | 21 |
| information for
Illinois firms, including small and middle | 22 |
| market companies, to facilitate
local business compliance | 23 |
| with the federal, State, and local environmental
| 24 |
| regulations.
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| (2) Coordinate and enter into cooperative agreements | 2 |
| with a State
ombudsman office, which shall be established | 3 |
| in accordance with the federal
1990 Clean Air Act | 4 |
| Amendments to provide direct oversight to the program
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| established under that Act.
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| (3) Enter into contracts, cooperative agreements, and | 7 |
| financing
agreements and establish and collect charges and | 8 |
| fees necessary or
incidental to the performance of duties | 9 |
| and the execution of powers
under this Section.
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| (4) Accept and expend, subject to appropriation, | 11 |
| gifts, grants,
awards, funds, contributions, charges, | 12 |
| fees, and other financial or
nonfinancial aid from federal, | 13 |
| State, and local governmental agencies,
businesses, | 14 |
| educational agencies, not-for-profit organizations, and | 15 |
| other
entities, for the purposes of this Section.
| 16 |
| (5) Establish, staff, and administer programs and | 17 |
| services and adopt
such rules and regulations necessary to | 18 |
| carry out the intent of
this Section and Section 507, | 19 |
| "Small Business Stationary Source Technical
and | 20 |
| Environmental Compliance Assistance Program", of the | 21 |
| federal 1990
Clean Air Act Amendments.
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| (c) The Department's environmental compliance programs and | 23 |
| services for
businesses may include, but need not be limited | 24 |
| to, the following:
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| (1) Communication and outreach services to or on behalf | 26 |
| of individual
companies, including collection and |
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| compilation of appropriate information
on regulatory | 2 |
| compliance issues and control technologies, and | 3 |
| dissemination
of that information through publications, | 4 |
| direct mailings,
electronic
communications, conferences, | 5 |
| workshops, one-on-one counseling, and other
means of | 6 |
| technical assistance.
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| (2) Provision of referrals and access to technical
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| assistance, pollution prevention and facility audits, and | 9 |
| otherwise
serving as an information clearinghouse on | 10 |
| pollution prevention through the
coordination of the Waste | 11 |
| Management and Research Center , a
division of the | 12 |
| University of Illinois Department of Natural Resources . In | 13 |
| addition,
environmental and regulatory compliance issues | 14 |
| and techniques, which may
include business rights and | 15 |
| responsibilities, applicable permitting and
compliance | 16 |
| requirements, compliance methods and acceptable control
| 17 |
| technologies, release detection, and other applicable | 18 |
| information may be
provided.
| 19 |
| (3) Coordination with and provision of administrative | 20 |
| and logistical
support to the State
Compliance Advisory | 21 |
| Panel.
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| (d) There is hereby created a special fund in the State | 23 |
| Treasury to be
known as the Small Business Environmental | 24 |
| Assistance Fund. Monies received
under subdivision (b)(4) of | 25 |
| this Section shall be deposited into the Fund.
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| Monies in the Small Business Environmental Assistance Fund |
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| may be used,
subject to appropriation, only for the purposes | 2 |
| authorized by this Section.
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| (Source: P.A. 90-490, eff. 8-17-97; 91-239, eff. 1-1-00.)
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| Section 810. The Department of Natural Resources Act is | 5 |
| amended by changing Sections 1-25 and 20-5 as follows:
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| (20 ILCS 801/1-25)
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| Sec. 1-25. Powers of the scientific surveys and State | 8 |
| Museum.
In addition to its other powers and duties, the | 9 |
| Department shall
have the following powers and duties which | 10 |
| shall be performed by the
scientific surveys and the State | 11 |
| Museum:
| 12 |
| (1) To investigate and study the natural resources of | 13 |
| the State and
to prepare printed reports and furnish | 14 |
| information fundamental to the
conservation and | 15 |
| development of natural resources and for that purpose
the | 16 |
| officers and employees thereof may, pursuant to rule | 17 |
| adopted by the
Department, enter and cross all lands in | 18 |
| this State, doing
no damage to private property.
| 19 |
| (2) To cooperate with and advise departments having | 20 |
| administrative
powers and duties relating to the natural | 21 |
| resources of the State, and to
cooperate with similar | 22 |
| departments in other states and with the United
States | 23 |
| Government.
| 24 |
| (3) To conduct a natural history survey of the State, |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| giving
preference to subjects of educational and | 2 |
| economical importance.
| 3 |
| (4) To publish, from time to time, reports covering the | 4 |
| entire field
of zoology and botany of the State.
| 5 |
| (5) To supply natural history specimens to the State | 6 |
| educational
institutions and to the public schools.
| 7 |
| (6) To investigate the entomology of the State.
| 8 |
| (7) To investigate all insects dangerous or injurious | 9 |
| to
agricultural or horticultural plants and crops, | 10 |
| livestock, to nursery
trees and plants, to the products of | 11 |
| the truck farm and vegetable
garden, to shade trees and | 12 |
| other ornamental vegetation of cities and
villages, to the | 13 |
| products of the mills and the contents of warehouses,
and | 14 |
| all insects injurious or dangerous to the public health.
| 15 |
| (8) To conduct experiments with methods for the | 16 |
| prevention, arrest,
abatement and control of insects | 17 |
| injurious to persons or property.
| 18 |
| (9) To instruct the people, by lecture, demonstration | 19 |
| or bulletin,
in the best methods of preserving and | 20 |
| protecting their property and
health against injuries by | 21 |
| insects.
| 22 |
| (10) To publish, from time to time, articles on the | 23 |
| injurious and
beneficial insects of the State.
| 24 |
| (11) To study the geological formation of the State | 25 |
| with reference
to its resources of coal, ores, clays, | 26 |
| building stones, cement,
materials suitable for use in the |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| construction of roads, gas, mineral
and artesian water and | 2 |
| other products.
| 3 |
| (12) To publish, from time to time, topographical, | 4 |
| geological and
other maps to illustrate resources of the | 5 |
| State.
| 6 |
| (13) To publish, from time to time, bulletins giving a | 7 |
| general and
detailed description of the geological and | 8 |
| mineral resources, including
water resources, of the | 9 |
| State.
| 10 |
| (14) To cooperate with United States federal agencies | 11 |
| in the preparation
and completion of a contour topographic | 12 |
| map and the collection, recording
and printing of water and | 13 |
| atmospheric resource data including stream flow
| 14 |
| measurements and to collect facts and data concerning the | 15 |
| volumes and flow
of underground, surface and atmospheric | 16 |
| waters of the State and to
determine the mineral qualities | 17 |
| of water from different geological
formations and surface | 18 |
| and atmospheric waters for the various sections of
the | 19 |
| State.
| 20 |
| (15) To publish, from time to time, the results of its
| 21 |
| investigations of the mineral qualities, volumes and flow | 22 |
| of underground
and surface waters of the State to the end | 23 |
| that the available water
resources of the State may be | 24 |
| better known and to make mineral analyses
of samples of | 25 |
| water from municipal or private sources giving no opinion
| 26 |
| from those analyses of the hygienic, physiological or |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| medicinal
qualities of such waters.
| 2 |
| (16) To act as the central data repository and research | 3 |
| coordinator
for the State in matters related to water and | 4 |
| atmospheric resources.
The State Water Survey Division of | 5 |
| the Department may monitor and evaluate
all weather | 6 |
| modification operations in Illinois.
| 7 |
| (17) To distribute, in its discretion, to the various | 8 |
| educational
institutions of the State, specimens, samples, | 9 |
| and materials collected
by it after the same have served | 10 |
| the purposes of the Department.
| 11 |
| (3) (18) To cooperate with the Illinois State Academy | 12 |
| of Science and to
publish a suitable number of the results | 13 |
| of the investigations and
research in the field of natural | 14 |
| science to the end that the same may be
distributed to the | 15 |
| interested public.
| 16 |
| (4) (19) To maintain a State Museum, and to collect and | 17 |
| preserve objects
of scientific and artistic value, | 18 |
| representing past and present fauna
and flora, the life and | 19 |
| work of man, geological history, natural
resources, and the | 20 |
| manufacturing and fine arts; to interpret for and
educate | 21 |
| the public concerning the foregoing.
| 22 |
| (5) (20) To cooperate with the Illinois State Museum | 23 |
| Society for the
mutual benefit of the Museum and the | 24 |
| Society, with the Museum furnishing
necessary space for the | 25 |
| Society to carry on its functions and keep its
records, | 26 |
| and, upon the recommendation of the Museum Director with |
|
|
|
SB0970 Enrolled |
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|
| 1 |
| the
approval of the Board of State Museum Advisors and the | 2 |
| Director of the
Department, to enter into agreements with | 3 |
| the Illinois State Museum
Society for the operation of a | 4 |
| sales counter and other concessions for
the mutual benefit | 5 |
| of the Museum and the Society.
| 6 |
| (6) (21) To accept grants of property and to hold | 7 |
| property to be
administered as part of the State Museum for | 8 |
| the purpose of
preservation, research of interpretation of | 9 |
| significant areas within the
State for the purpose of | 10 |
| preserving, studying and interpreting
archaeological and | 11 |
| natural phenomena.
| 12 |
| (7) (22) To contribute to and support the operations, | 13 |
| programs
and capital development of public museums in this | 14 |
| State.
For the purposes of this Section, "public museum" | 15 |
| means a facility: (A) that
is operating for the purposes of | 16 |
| promoting cultural development
through
special activities | 17 |
| or programs or through performing arts that are
performed | 18 |
| in an indoor setting, and acquiring,
conserving, | 19 |
| preserving,
studying, interpreting, enhancing, and in | 20 |
| particular, organizing and
continuously exhibiting | 21 |
| specimens, artifacts, articles, documents and
other things | 22 |
| of historical, anthropological, archaeological, | 23 |
| industrial,
scientific or artistic import, to the public | 24 |
| for its instruction and
enjoyment, and (B) that either (i) | 25 |
| is operated by or located upon land
owned by a unit of | 26 |
| local
government
or (ii) is a museum that has an annual |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| attendance of at least
150,000 and
offers educational | 2 |
| programs to school groups during school hours.
A museum is | 3 |
| eligible to receive funds for capital development under
| 4 |
| this subdivision (7)
(22) only if it is operated by or | 5 |
| located upon land owned by a unit of local
government or if | 6 |
| it is certified by a unit of local
government in
which it | 7 |
| is located as a public museum meeting the criteria of this | 8 |
| Section.
Recipients of funds for capital development under
| 9 |
| this subdivision (7) (22) shall match State funds with | 10 |
| local or private funding
according to the following:
| 11 |
| (a) for a public museum with an attendance of | 12 |
| 300,000 or less during the
preceding calendar year, no | 13 |
| match is required;
| 14 |
| (b) for a public museum with an attendance of over | 15 |
| 300,000 but less than
600,000 during the preceding | 16 |
| calendar year, the match must be at a ratio of $1
from | 17 |
| local and
private funds for every $1 in State funds; | 18 |
| and
| 19 |
| (c) for a public museum with an attendance of over | 20 |
| 600,000 during the
preceding calendar year, the match | 21 |
| must be at a ratio of $2 from local and
private funds | 22 |
| for every
$1 in State funds.
| 23 |
| The Department shall formulate rules and regulations | 24 |
| relating to the
allocation of any funds appropriated by the | 25 |
| General Assembly for the
purpose of contributing to the | 26 |
| support of public museums in this State.
|
|
|
|
SB0970 Enrolled |
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|
| 1 |
| (8) (23) To perform all other duties and assume all | 2 |
| obligations of the former
Department of Energy and Natural | 3 |
| Resources and the former Department of
Registration and | 4 |
| Education pertaining to the State Water Survey, the State
| 5 |
| Geological Survey, the State Natural History Survey, and | 6 |
| the State Museum.
| 7 |
| (24) To maintain all previously existing relationships | 8 |
| between the
State Water Survey, State Geological Survey, | 9 |
| and State Natural History
Survey and the public and private | 10 |
| colleges and universities in Illinois.
| 11 |
| (25) To participate in federal geologic mapping | 12 |
| programs.
| 13 |
| (Source: P.A. 92-606, eff. 6-28-02; 93-872, eff. 1-1-05.)
| 14 |
| (20 ILCS 801/20-5)
| 15 |
| Sec. 20-5. State Museum. The Department of Natural | 16 |
| Resources
shall have within it the office a division consisting | 17 |
| of the Illinois State Museum ,
which shall be within the Office | 18 |
| of Scientific Research and Analysis . The
Board of the Illinois | 19 |
| State Museum is retained as the governing
board for the State | 20 |
| Museum.
| 21 |
| (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96; 90-490, | 22 |
| eff.
8-17-97.)
| 23 |
| (20 ILCS 801/15-5 rep.)
| 24 |
| (20 ILCS 801/15-10 rep.)
|
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| Section 815. The Department of Natural Resources Act is | 2 |
| amended by repealing Sections 15-5 and 15-10. | 3 |
| Section 820. The Energy Conservation and Coal Development | 4 |
| Act is amended by changing Section 8 as follows:
| 5 |
| (20 ILCS 1105/8) (from Ch. 96 1/2, par. 7408)
| 6 |
| Sec. 8. Illinois Coal Development Board.
| 7 |
| (a) There shall be established as an advisory board to the
| 8 |
| Department, the Illinois Coal
Development Board, hereinafter | 9 |
| in this Section called the Board. The Board
shall be composed | 10 |
| of the following voting members: the
Director of the
| 11 |
| Department, who shall be Chairman thereof; the Deputy Director | 12 |
| of the Bureau
of Business Development within the Department of | 13 |
| Commerce and Economic Opportunity; the President of the | 14 |
| University of Illinois or his or her designee; the Director of
| 15 |
| Natural
Resources or that Director's designee; the Director of | 16 |
| the Office of Mines and
Minerals within the Department of | 17 |
| Natural Resources;
4 members of the General Assembly (one each | 18 |
| appointed by the President of
the Senate, the Senate Minority | 19 |
| Leader, the Speaker of the House, and the House
Minority | 20 |
| Leader); and 8
persons appointed by the Governor, with the | 21 |
| advice and consent of the Senate,
including representatives of | 22 |
| Illinois
industries that are involved in the extraction, | 23 |
| utilization or transportation
of Illinois coal, persons | 24 |
| representing financial or banking interests in the
State, and |
|
|
|
SB0970 Enrolled |
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|
| 1 |
| persons experienced in international business and economic
| 2 |
| development. These members shall be chosen from persons of | 3 |
| recognized ability
and experience in their designated field. | 4 |
| The members
appointed by the Governor shall serve
for terms of | 5 |
| 4 years, unless otherwise provided in this subsection. The
| 6 |
| initial terms of the original appointees shall expire on July | 7 |
| 1, 1985, except
that the Governor shall designate 3 of the | 8 |
| original appointees to serve initial
terms that shall expire on | 9 |
| July 1, 1983. The initial term of the member
appointed by the | 10 |
| Governor to fill the office created after July 1, 1985 shall
| 11 |
| expire on July 1, 1989. The initial terms of the members | 12 |
| appointed by the
Governor to fill the offices created by this | 13 |
| amendatory Act of 1993 shall
expire on July 1, 1995, and July | 14 |
| 1, 1997, as determined by the Governor.
A member appointed by
a | 15 |
| Legislative Leader shall serve for the duration of the General | 16 |
| Assembly for
which he or she is appointed, so long as the | 17 |
| member remains a member of that
General Assembly.
| 18 |
| The Board shall meet at least annually or at the call of | 19 |
| the Chairman.
At any time the majority of the Board may | 20 |
| petition the Chairman for a meeting
of the Board. Nine members | 21 |
| of the Board shall constitute a
quorum. Members of the Board | 22 |
| shall be reimbursed for actual and necessary
expenses incurred | 23 |
| while performing their duties as members of the Board from
| 24 |
| funds appropriated to the Department for such purpose.
| 25 |
| (b) The Board shall provide advice and make recommendations | 26 |
| on
the following Department powers and duties:
|
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| (1) To develop an annual agenda which may include but | 2 |
| is not limited to
research and methodologies conducted for | 3 |
| the purpose of increasing the
utilization of Illinois' coal | 4 |
| and other fossil fuel resources, with
emphasis on high | 5 |
| sulfur coal, in the following areas: coal extraction,
| 6 |
| preparation and characterization; coal technologies | 7 |
| (combustion,
gasification, liquefaction, and related | 8 |
| processes); marketing;
public awareness and education, as | 9 |
| those terms are used in the Illinois
Coal Technology | 10 |
| Development Assistance Act; transportation; procurement of
| 11 |
| sites and issuance of permits; and environmental impacts.
| 12 |
| (2) To support and coordinate Illinois coal research, | 13 |
| and to approve
projects consistent with the annual agenda | 14 |
| and budget for coal research and
the purposes of this Act | 15 |
| and to
approve the annual budget and operating plan
for | 16 |
| administration of the Board.
| 17 |
| (3) To promote the coordination of available research | 18 |
| information on the
production, preparation, distribution | 19 |
| and uses of Illinois coal. The Board
shall advise the | 20 |
| existing research institutions within the State on areas
| 21 |
| where research may be necessary.
| 22 |
| (4) To cooperate to the fullest extent possible with | 23 |
| State and federal
agencies and departments, independent | 24 |
| organizations, and other interested
groups, public and | 25 |
| private, for the purposes of promoting Illinois coal
| 26 |
| resources.
|
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| (5) To submit an annual report to the Governor and the | 2 |
| General Assembly
outlining the progress and | 3 |
| accomplishments made in the year, providing an
accounting | 4 |
| of funds received and disbursed, reviewing the status of | 5 |
| research
contracts, and furnishing other relevant | 6 |
| information.
| 7 |
| (6) To focus on existing coal research efforts in | 8 |
| carrying out its
mission; to make use of existing research
| 9 |
| facilities in Illinois or other institutions carrying out | 10 |
| research on
Illinois coal; as far as practicable, to make
| 11 |
| maximum
use of
the research facilities available at the | 12 |
| Illinois State Geological Survey of the University of | 13 |
| Illinois ,
the Coal Extraction and Utilization Research | 14 |
| Center, the Illinois Coal
Development Park and | 15 |
| universities and colleges located within
the State of | 16 |
| Illinois; and to create
a
consortium or center which | 17 |
| conducts, coordinates and supports coal research
| 18 |
| activities in the State of Illinois. Programmatic | 19 |
| activities of such a
consortium or center shall be subject | 20 |
| to approval by the Department and shall be
consistent with | 21 |
| the purposes of this Act. The Department may
authorize
| 22 |
| expenditure of funds in support of the administrative and | 23 |
| programmatic
operations of such a center or consortium | 24 |
| consistent with its statutory
authority. Administrative | 25 |
| actions undertaken by or for such a center or
consortium | 26 |
| shall be subject to the approval of the Department.
|
|
|
|
SB0970 Enrolled |
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|
| 1 |
| (7) To make a reasonable attempt, before initiating any | 2 |
| research under
this Act, to avoid duplication of effort and | 3 |
| expense by coordinating the
research efforts among various | 4 |
| agencies, departments, universities or
organizations, as | 5 |
| the case may be.
| 6 |
| (8) To adopt, amend and repeal rules, regulations and | 7 |
| bylaws governing
the Board's organization and conduct of | 8 |
| business.
| 9 |
| (9) To authorize the expenditure of monies from the | 10 |
| Coal Technology
Development Assistance Fund, the Public | 11 |
| Utility Fund and other funds in
the State Treasury | 12 |
| appropriated to the Department, consistent with the
| 13 |
| purposes of this Act.
| 14 |
| (10) To seek, accept, and expend gifts or grants in any | 15 |
| form, from any
public agency or from any other source. Such | 16 |
| gifts and grants may be held
in trust by the Department and | 17 |
| expended at the direction of the
Department and
in the | 18 |
| exercise of the Department's powers and performance of
the | 19 |
| Department's duties.
| 20 |
| (11) To publish, from time to time, the results of | 21 |
| Illinois coal research
projects funded through the | 22 |
| Department.
| 23 |
| (12) To authorize loans from appropriations from the | 24 |
| Build Illinois
Bond Purposes Fund, the Build Illinois Bond | 25 |
| Fund and the Illinois
Industrial Coal Utilization Fund.
| 26 |
| (13) To authorize expenditures of monies for coal |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| development projects
under the authority of Section 13 of | 2 |
| the General Obligation Bond Act.
| 3 |
| (c) The Board shall also provide advice and make | 4 |
| recommendations on the following Department powers and duties:
| 5 |
| (1) To create and maintain thorough, current and | 6 |
| accurate records on
all markets for and actual uses of coal | 7 |
| mined in Illinois, and to make such
records available to | 8 |
| the public upon request.
| 9 |
| (2) To identify all current and anticipated future | 10 |
| technical,
economic, institutional, market, environmental, | 11 |
| regulatory and other
impediments to the utilization of | 12 |
| Illinois coal.
| 13 |
| (3) To monitor and evaluate all proposals and plans of | 14 |
| public
utilities related to compliance with the | 15 |
| requirements of Title IV of the
federal Clean Air Act | 16 |
| Amendments of 1990, or with any other law which might
| 17 |
| affect the use of Illinois coal, for the purposes of (i) | 18 |
| determining the
effects of such proposals or plans on the | 19 |
| use of Illinois coal, and (ii)
identifying alternative | 20 |
| plans or actions which would maintain or increase
the use | 21 |
| of Illinois coal.
| 22 |
| (4) To develop strategies and to propose policies to | 23 |
| promote
environmentally responsible uses of Illinois coal | 24 |
| for meeting electric
power supply requirements and for | 25 |
| other purposes.
| 26 |
| (5) (Blank).
|
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| (Source: P.A. 94-793, eff. 5-19-06.)
| 2 |
| Section 825. The Clean Coal FutureGen for Illinois Act is | 3 |
| amended by changing Section 20 as follows: | 4 |
| (20 ILCS 1107/20) | 5 |
| (Section scheduled to be repealed on December 31, 2010)
| 6 |
| Sec. 20. Title to sequestered gas. If the FutureGen Project | 7 |
| locates at either the Tuscola or Mattoon site in the State of | 8 |
| Illinois, then the FutureGen Alliance agrees that the Operator | 9 |
| shall transfer and convey and the State of Illinois shall | 10 |
| accept and receive, with no payment due from the State of | 11 |
| Illinois, all rights, title, and interest in and to and any | 12 |
| liabilities associated with the sequestered gas, including any | 13 |
| current or future environmental benefits, marketing claims, | 14 |
| tradable credits, emissions allocations or offsets (voluntary | 15 |
| or compliance based) associated therewith, upon such gas | 16 |
| reaching the status of post-injection, which shall be verified | 17 |
| by the Agency or other designated State of Illinois agency. The | 18 |
| Operator shall retain all rights, title, and interest in and to | 19 |
| and any liabilities associated with the pre-injection | 20 |
| sequestered gas. The Illinois State Geological Survey of the | 21 |
| University of Illinois Department of Natural Resources shall | 22 |
| monitor, measure, and verify the permanent status of | 23 |
| sequestered carbon dioxide and co-sequestered gases in which | 24 |
| the State has acquired the right, title, and interest under |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| this Section.
| 2 |
| (Source: P.A. 95-18, eff. 7-30-07.) | 3 |
| Section 830. The Hazardous Waste Technology Exchange | 4 |
| Service Act is amended by changing Sections 3, 4, and 6 as | 5 |
| follows:
| 6 |
| (20 ILCS 1130/3) (from Ch. 111 1/2, par. 6803)
| 7 |
| Sec. 3. For the purposes of this Act, unless the context | 8 |
| otherwise requires:
| 9 |
| (a) "Board" means the Board of Trustees of the University | 10 |
| of Illinois Natural Resources and Conservation of the
| 11 |
| Department of Natural Resources .
| 12 |
| (b) "Center" means the Waste Management and Research Center
| 13 |
| of the University of Illinois Department of Natural Resources .
| 14 |
| (c) "Department" means the Department of
Natural | 15 |
| Resources.
| 16 |
| (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
| 17 |
| (20 ILCS 1130/4) (from Ch. 111 1/2, par. 6804)
| 18 |
| Sec. 4. Waste Management and Research Center. The As soon | 19 |
| as may be
practicable after the effective date of
this Act, the | 20 |
| Department shall establish a
Hazardous Waste Research and
| 21 |
| Information Center.
On and after the effective date of this | 22 |
| amendatory Act of 1997, that Center
shall be known as the Waste | 23 |
| Management and Research Center is transferred to the University |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| of Illinois .
| 2 |
| (Source: P.A. 90-490, eff. 8-17-97.)
| 3 |
| (20 ILCS 1130/6) (from Ch. 111 1/2, par. 6806)
| 4 |
| Sec. 6. Appropriations. For the purpose of maintaining the | 5 |
| Waste
Management and Research Center, paying the expenses and | 6 |
| providing the
facilities and structures incident thereto, | 7 |
| appropriations shall be made to
the University of Illinois | 8 |
| Department , payable from the Hazardous Waste Research Fund and | 9 |
| other
funds in the State Treasury.
| 10 |
| (Source: P.A. 90-490, eff. 8-17-97.)
| 11 |
| (20 ILCS 1130/5 rep.)
| 12 |
| Section 831. The Hazardous Waste Technology Exchange | 13 |
| Service Act is amended by repealing Section 5. | 14 |
| Section 835. The Green Governments Illinois Act is amended | 15 |
| by changing Section 15 as follows: | 16 |
| (20 ILCS 3954/15)
| 17 |
| Sec. 15. Composition of the Council. The Council shall be | 18 |
| comprised of representatives from various State agencies and | 19 |
| State universities with specific fiscal, procurement, | 20 |
| educational, and environmental policy expertise. The | 21 |
| Lieutenant Governor is the chair of the Council. The director | 22 |
| or President, respectively, of each of the following State |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| agencies and State universities , or his or her designee, is a | 2 |
| member of the Council: the Department of Commerce and Economic | 3 |
| Opportunity, the Environmental Protection Agency, the | 4 |
| University of Illinois; the Department of Natural Resources, | 5 |
| the Department of Natural Resources Waste Management and | 6 |
| Research Center , the Department of Central Management | 7 |
| Services, the Governor's Office of Management and Budget, the | 8 |
| Department of Agriculture, the Department of Transportation, | 9 |
| the Department of Corrections, the Department of Human | 10 |
| Services, the Department of Public Health, the State Board of | 11 |
| Education, the Board of Higher Education, and the Capital | 12 |
| Development Board. The Office of the Lieutenant Governor shall | 13 |
| provide administrative support to the Council. A minimum of one | 14 |
| staff position in the Office of the Lieutenant Governor shall | 15 |
| be dedicated to the Green Governments Illinois program.
| 16 |
| (Source: P.A. 95-657, eff. 10-10-07.) | 17 |
| Section 840. The State Finance Act is amended by changing | 18 |
| Sections 6z-14 and 8.24 as follows:
| 19 |
| (30 ILCS 105/6z-14) (from Ch. 127, par. 142z-14)
| 20 |
| Sec. 6z-14. The following items of income received by the | 21 |
| University of Illinois Department of
Natural Resources from | 22 |
| patents and
copyrights of the Illinois Scientific Surveys shall | 23 |
| be retained by the University of Illinois in its treasury | 24 |
| deposited into the General Revenue Fund : funds received in |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| connection with the
retention, receipt, assignment, license, | 2 |
| sale or transfer of interests in,
rights to or income from | 3 |
| discoveries, inventions, patents or copyrightable
works. All | 4 |
| interest earned shall be deposited in the University of | 5 |
| Illinois Income
General Revenue Fund. The University Pursuant | 6 |
| to appropriation, the Department may use those moneys for the | 7 |
| purpose of appropriated for that purpose for patenting or | 8 |
| copyrighting discoveries,
inventions or copyrightable works or | 9 |
| supporting other programs of the
Illinois Scientific Surveys.
| 10 |
| (Source: P.A. 94-91, eff. 7-1-05.)
| 11 |
| (30 ILCS 105/8.24) (from Ch. 127, par. 144.24)
| 12 |
| Sec. 8.24. One hundred percent of the revenues received by | 13 |
| the University of Illinois Department
of Natural Resources from | 14 |
| the sale of publications, bulletins,
circulars, maps, reports, | 15 |
| catalogues and other data and information presented
in | 16 |
| documents shall be deposited into the University of Illinois | 17 |
| Income Natural Resources Information Fund.
Appropriations from | 18 |
| the Natural Resources Information Fund shall be made
to the | 19 |
| University of Illinois Department for the (1) expenses | 20 |
| connected with the production of
such documents and (2) | 21 |
| purchase of U.S. Geological Survey topographic maps
and other | 22 |
| documents. The Board of Trustees of the University of Illinois | 23 |
| of Natural Resources and Conservation shall
establish | 24 |
| guidelines governing fee schedules, conditions of sale, and
| 25 |
| administration of the Natural Resources Information Fund.
|
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| (Source: P.A. 89-445, eff. 2-7-96.)
| 2 |
| Section 845. The Illinois Pension Code is amended by | 3 |
| changing Section 15-106 as follows:
| 4 |
| (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
| 5 |
| Sec. 15-106. Employer. "Employer": The University of | 6 |
| Illinois, Southern
Illinois University, Chicago State | 7 |
| University, Eastern Illinois University,
Governors State | 8 |
| University, Illinois State University, Northeastern Illinois
| 9 |
| University, Northern Illinois University, Western Illinois | 10 |
| University, the
State Board of Higher Education, the Illinois | 11 |
| Mathematics and Science Academy,
the State Geological Survey | 12 |
| Division of the Department of Natural Resources,
the State | 13 |
| Natural History Survey Division of the Department of Natural
| 14 |
| Resources, the State Water Survey Division of the Department of | 15 |
| Natural
Resources, the Waste Management and Research Center of | 16 |
| the Department of
Natural Resources, the University Civil | 17 |
| Service Merit Board, the Board of
Trustees of the State | 18 |
| Universities Retirement System, the Illinois Community
College | 19 |
| Board, community college
boards, any association of community | 20 |
| college boards organized under Section
3-55 of the Public | 21 |
| Community College Act, the Board of Examiners established
under | 22 |
| the Illinois Public Accounting Act, and, only during the period | 23 |
| for which
employer contributions required under Section 15-155 | 24 |
| are paid, the following
organizations: the alumni |
|
|
|
SB0970 Enrolled |
- 37 - |
LRB095 05812 CMK 25902 b |
|
| 1 |
| associations, the foundations and the athletic
associations | 2 |
| which are affiliated with the universities and colleges | 3 |
| included
in this Section as employers. | 4 |
| A department as defined in Section 14-103.04 is
an employer | 5 |
| for any person appointed by the Governor under the Civil
| 6 |
| Administrative Code of Illinois who is a participating employee | 7 |
| as defined in
Section 15-109. The Department of Central | 8 |
| Management Services is an employer with respect to persons | 9 |
| employed by the State Board of Higher Education in positions | 10 |
| with the Illinois Century Network as of June 30, 2004 who | 11 |
| remain continuously employed after that date by the Department | 12 |
| of Central Management Services in positions with the Illinois | 13 |
| Century Network, the Bureau of Communication and Computer | 14 |
| Services, or, if applicable, any successor bureau.
| 15 |
| The cities of Champaign and Urbana shall be considered
| 16 |
| employers, but only during the period for which contributions | 17 |
| are required to
be made under subsection (b-1) of Section | 18 |
| 15-155 and only with respect to
individuals described in | 19 |
| subsection (h) of Section 15-107.
| 20 |
| (Source: P.A. 95-369, eff. 8-23-07.)
| 21 |
| Section 850. The Illinois Drainage Code is amended by | 22 |
| changing Section 12-19 as follows:
| 23 |
| (70 ILCS 605/12-19) (from Ch. 42, par. 12-19)
| 24 |
| Sec. 12-19. Cooperation with other public agencies.
|
|
|
|
SB0970 Enrolled |
- 38 - |
LRB095 05812 CMK 25902 b |
|
| 1 |
| Commissioners of a district shall cooperate in the exchange of
| 2 |
| information pertaining to drainage with the commissioners of | 3 |
| other
districts and with local, State and Federal governments, | 4 |
| officers and
agencies operating in fields affecting or related | 5 |
| to drainage, including,
but not restricted to, the Department | 6 |
| of Natural Resources, the State Water
Resources and Flood | 7 |
| Control Board, the
State Soil Conservation Advisory Board, the | 8 |
| State Geological Survey of the University of Illinois
Division , | 9 |
| and the State Water Survey of the University of Illinois | 10 |
| Division .
| 11 |
| (Source: P.A. 89-445, eff. 2-7-96.)
| 12 |
| Section 855. The Solid Waste Disposal District Act is | 13 |
| amended by changing Section 24 as follows:
| 14 |
| (70 ILCS 3105/24) (from Ch. 85, par. 1674)
| 15 |
| Sec. 24. After the effective date of this Act, no district, | 16 |
| person, firm or
corporation, public or private, may establish a | 17 |
| new solid waste disposal
site or facility without first | 18 |
| obtaining a permit from the Environmental
Protection Agency | 19 |
| under the provisions of the Environmental Protection Act.
| 20 |
| Application for such permit shall be on forms provided by the | 21 |
| Agency and
shall be accompanied by such supporting documents as | 22 |
| the Agency shall
require. Prior to issuing a permit to | 23 |
| establish a new solid waste disposal
site or facility the | 24 |
| Agency shall review the application and supporting
documents |
|
|
|
SB0970 Enrolled |
- 39 - |
LRB095 05812 CMK 25902 b |
|
| 1 |
| and make an on-site inspection of the proposed site. The Agency
| 2 |
| may request the Chief of the Illinois State Geological Survey | 3 |
| of the University of Illinois to prepare a
report concerning | 4 |
| the soil characteristics, water table, and other
appropriate | 5 |
| physical characteristics of the proposed site. If the proposed
| 6 |
| new solid waste disposal site or facility conforms to the | 7 |
| minimum standards
provided in such Act, the Agency shall issue | 8 |
| a permit for the operation of
such site or facility. If the | 9 |
| proposed new solid waste disposal site or
facility does not | 10 |
| conform to the minimum standards provided by such Act, no
| 11 |
| permit shall be issued and the solid waste disposal site or | 12 |
| facility shall
not be constructed or operated.
| 13 |
| (Source: P.A. 87-650.)
| 14 |
| Section 860. The University of Illinois Exercise of | 15 |
| Functions and Duties Law
of the Civil Administrative Code of | 16 |
| Illinois is amended by changing Section 3000-5 as follows:
| 17 |
| (110 ILCS 355/3000-5) (was 110 ILCS 355/62)
| 18 |
| Sec. 3000-5. Retention of duties by University of Illinois. | 19 |
| Unless
otherwise
provided by law, the functions and duties
| 20 |
| formerly exercised by the State entomologist, the State | 21 |
| laboratory of
natural history, the State water survey, and the | 22 |
| State geological survey
and
vested in the Illinois Department | 23 |
| of Natural
Resources and the functions and duties of the Waste | 24 |
| Management and
Research Center and its Hazardous Materials |
|
|
|
SB0970 Enrolled |
- 40 - |
LRB095 05812 CMK 25902 b |
|
| 1 |
| Laboratory as authorized by
the Hazardous Waste Technology | 2 |
| Exchange Service Act shall continue to be exercised at the
| 3 |
| University of Illinois in buildings and places provided by the | 4 |
| trustees
of the University.
| 5 |
| (Source: P.A. 90-490, eff. 8-17-97; 91-239, eff. 1-1-00.)
| 6 |
| Section 865. The Well Abandonment Act is amended by | 7 |
| changing Section 1 as follows:
| 8 |
| (225 ILCS 730/1) (from Ch. 96 1/2, par. 5201)
| 9 |
| Sec. 1. It is the duty of the permittee of any well drilled | 10 |
| or deepened
for oil or gas, to file all geophysical logs and a | 11 |
| well drilling report of
said well in the office of the State | 12 |
| Geological Survey Division of the University of Illinois | 13 |
| Department of Natural Resources within 90 days
after drilling | 14 |
| ceases.
| 15 |
| The well drilling report: (1) shall show the character
and | 16 |
| depth of the formations passed through or encountered in the | 17 |
| drilling
of the well, particularly showing the depth and | 18 |
| thickness of oil-bearing
strata, and gas-bearing strata, (2) | 19 |
| shall show the position and thickness
of coal beds and deposits | 20 |
| of mineral materials of economic value, and (3)
shall give the | 21 |
| location of the hole.
| 22 |
| The Department of Natural Resources shall supply
to the | 23 |
| Geological Survey a copy of each permit, showing the location | 24 |
| of the
well.
|
|
|
|
SB0970 Enrolled |
- 41 - |
LRB095 05812 CMK 25902 b |
|
| 1 |
| (Source: P.A. 89-445, eff. 2-7-96.)
| 2 |
| Section 870. The Environmental Protection Act is amended by | 3 |
| changing Section 22.2 as follows:
| 4 |
| (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
| 5 |
| Sec. 22.2. Hazardous waste; fees; liability.
| 6 |
| (a) There are hereby created within the State Treasury 2
| 7 |
| special funds to be known respectively as the "Hazardous Waste | 8 |
| Fund" and
the "Hazardous Waste Research Fund", constituted from | 9 |
| the fees collected
pursuant to this Section.
In addition to the | 10 |
| fees collected under this Section, the Hazardous Waste
Fund | 11 |
| shall include other moneys made available from any source for | 12 |
| deposit into
the Fund.
| 13 |
| (b) (1) On and after January 1, 1989, the Agency shall | 14 |
| collect from the
owner or operator of each of the following | 15 |
| sites a fee in the amount of:
| 16 |
| (A) 9 cents per gallon or $18.18 per cubic yard, if | 17 |
| the
hazardous waste disposal site is located off the | 18 |
| site where such waste was
produced. The maximum amount | 19 |
| payable under this subdivision (A) with respect
to the | 20 |
| hazardous waste generated by a single generator and | 21 |
| deposited in
monofills is $30,000 per year. If, as a | 22 |
| result of the use of multiple monofills, waste
fees in | 23 |
| excess of the maximum are assessed with respect to a | 24 |
| single waste
generator, the generator may apply to the |
|
|
|
SB0970 Enrolled |
- 42 - |
LRB095 05812 CMK 25902 b |
|
| 1 |
| Agency for a credit.
| 2 |
| (B) 9 cents or $18.18 per cubic yard, if the | 3 |
| hazardous waste
disposal site is located on the site | 4 |
| where such waste was produced,
provided however the | 5 |
| maximum amount of fees payable under this paragraph
(B) | 6 |
| is $30,000 per year for each such hazardous waste | 7 |
| disposal site.
| 8 |
| (C) If the hazardous waste disposal site is an | 9 |
| underground injection
well, $6,000 per year if not more | 10 |
| than 10,000,000 gallons per year are
injected, $15,000 | 11 |
| per year if more than 10,000,000 gallons but not more | 12 |
| than
50,000,000 gallons per year are injected, and | 13 |
| $27,000 per year if more than
50,000,000 gallons per | 14 |
| year are injected.
| 15 |
| (D) 3 cents per gallon or
$6.06 per cubic yard of | 16 |
| hazardous waste received
for treatment at a hazardous | 17 |
| waste treatment site, if the hazardous waste
treatment | 18 |
| site is located off the site where such waste was | 19 |
| produced and
if such hazardous waste treatment site is | 20 |
| owned, controlled and operated
by a person other than | 21 |
| the generator of such waste.
After treatment at such | 22 |
| hazardous waste treatment site, the waste shall
not be | 23 |
| subject to any other fee imposed by this subsection | 24 |
| (b). For purposes
of this subsection (b), the term | 25 |
| "treatment" is defined as in Section
3.505 but shall | 26 |
| not include recycling, reclamation or reuse.
|
|
|
|
SB0970 Enrolled |
- 43 - |
LRB095 05812 CMK 25902 b |
|
| 1 |
| (2) The General Assembly shall annually appropriate to | 2 |
| the Fund such
amounts as it deems necessary to fulfill the | 3 |
| purposes of this Act.
| 4 |
| (3) The Agency shall have the authority to accept, | 5 |
| receive, and
administer on behalf of the State any moneys | 6 |
| made available to the State from
any source for the | 7 |
| purposes of the Hazardous Waste Fund set forth in | 8 |
| subsection
(d) of this Section.
| 9 |
| (4) Of the amount collected as fees provided for in | 10 |
| this Section, the
Agency shall manage the use of such funds | 11 |
| to assure that sufficient funds
are available for match | 12 |
| towards federal expenditures for response action at
sites | 13 |
| which are listed on the National Priorities List; provided, | 14 |
| however,
that this shall not apply to additional monies | 15 |
| appropriated to the Fund by
the General Assembly, nor shall | 16 |
| it apply in the event that the Director
finds that revenues | 17 |
| in the Hazardous Waste Fund must be used to address
| 18 |
| conditions which create or may create an immediate danger | 19 |
| to the
environment or public health or to the welfare of | 20 |
| the people of the State
of Illinois.
| 21 |
| (5) Notwithstanding the other provisions of this
| 22 |
| subsection (b), sludge from a publicly-owned sewage works | 23 |
| generated
in Illinois, coal mining wastes and refuse | 24 |
| generated in Illinois, bottom
boiler ash, flyash and flue | 25 |
| gas desulphurization sludge from public
utility electric | 26 |
| generating facilities located in Illinois, and bottom
|
|
|
|
SB0970 Enrolled |
- 44 - |
LRB095 05812 CMK 25902 b |
|
| 1 |
| boiler ash and flyash from all incinerators which process | 2 |
| solely
municipal waste shall not be subject to the fee.
| 3 |
| (6) For the purposes of this subsection (b), "monofill" | 4 |
| means a
facility, or a unit at a facility, that accepts | 5 |
| only wastes bearing the
same USEPA hazardous waste | 6 |
| identification number, or compatible wastes as
determined | 7 |
| by the Agency.
| 8 |
| (c) The Agency shall establish procedures, not later than | 9 |
| January 1,
1984, relating to the collection of the fees | 10 |
| authorized by this Section.
Such procedures shall include, but | 11 |
| not be limited to: (1) necessary records
identifying the | 12 |
| quantities of hazardous waste received or disposed; (2) the
| 13 |
| form and submission of reports to accompany the payment of fees | 14 |
| to the
Agency; and (3) the time and manner of payment of fees | 15 |
| to the Agency,
which payments shall be not more often than | 16 |
| quarterly.
| 17 |
| (d) Beginning July 1, 1996, the Agency shall deposit all | 18 |
| such receipts in the State Treasury to the credit of the
| 19 |
| Hazardous Waste Fund, except as provided in subsection (e) of | 20 |
| this Section.
All monies in the Hazardous Waste Fund shall be | 21 |
| used by the Agency for the following purposes:
| 22 |
| (1) Taking whatever preventive or corrective
action is | 23 |
| necessary or appropriate, in circumstances certified by | 24 |
| the
Director, including but not limited to removal or | 25 |
| remedial
action whenever there is a release or substantial | 26 |
| threat of a release of
a hazardous substance or pesticide; |
|
|
|
SB0970 Enrolled |
- 45 - |
LRB095 05812 CMK 25902 b |
|
| 1 |
| provided, the Agency shall
expend no more than $1,000,000 | 2 |
| on any single incident without appropriation
by the General | 3 |
| Assembly.
| 4 |
| (2) To meet any requirements which must be met by the | 5 |
| State in order
to obtain federal funds pursuant to the | 6 |
| Comprehensive Environmental Response,
Compensation and | 7 |
| Liability Act of 1980, (P.L. 96-510).
| 8 |
| (3) In an amount up to 30% of the amount collected as | 9 |
| fees provided
for in this Section, for use by the Agency to | 10 |
| conduct
groundwater protection activities, including | 11 |
| providing grants to appropriate
units of local government | 12 |
| which are addressing protection of underground waters
| 13 |
| pursuant to the provisions of this Act.
| 14 |
| (4) To fund the development and implementation of the | 15 |
| model pesticide
collection program under Section 19.1 of | 16 |
| the Illinois Pesticide Act.
| 17 |
| (5) To the extent the Agency has received and deposited | 18 |
| monies in the
Fund other than fees collected under | 19 |
| subsection (b) of this Section, to pay for
the cost of | 20 |
| Agency employees for
services provided in reviewing the | 21 |
| performance of response actions pursuant to
Title XVII of | 22 |
| this Act.
| 23 |
| (6) In an amount up to 15% of the fees collected | 24 |
| annually
under subsection (b) of this Section, for use by | 25 |
| the Agency
for administration of the provisions of this | 26 |
| Section.
|
|
|
|
SB0970 Enrolled |
- 46 - |
LRB095 05812 CMK 25902 b |
|
| 1 |
| (e) The Agency shall deposit 10% of all receipts collected | 2 |
| under subsection
(b) of this Section, but not to exceed | 3 |
| $200,000 per year, in the State
Treasury to the credit of the | 4 |
| Hazardous Waste Research Fund established by this
Act. Pursuant | 5 |
| to appropriation, all monies in such Fund shall be used by the | 6 |
| University of Illinois
Department of Natural Resources for the | 7 |
| purposes set forth in
this subsection.
| 8 |
| The University of Illinois Department of Natural Resources | 9 |
| may enter into contracts with business,
industrial, | 10 |
| university, governmental or other qualified individuals or
| 11 |
| organizations to assist in the research and development | 12 |
| intended to recycle,
reduce the volume of, separate, detoxify | 13 |
| or reduce the hazardous properties of
hazardous wastes in | 14 |
| Illinois. Monies in the Fund may also be used by the University | 15 |
| of Illinois
Department of Natural Resources for technical | 16 |
| studies, monitoring activities,
and educational and research | 17 |
| activities which are related to the protection of
underground | 18 |
| waters. Monies in the Hazardous Waste Research Fund may be used | 19 |
| to
administer the Illinois Health and Hazardous Substances | 20 |
| Registry Act. Monies
in the Hazardous Waste Research Fund shall | 21 |
| not be used for any sanitary
landfill or the acquisition or | 22 |
| construction of any facility. This does not
preclude the | 23 |
| purchase of equipment for the purpose of public demonstration
| 24 |
| projects. The University of Illinois Department of Natural | 25 |
| Resources shall adopt guidelines for cost
sharing, selecting, | 26 |
| and administering projects under this subsection.
|
|
|
|
SB0970 Enrolled |
- 47 - |
LRB095 05812 CMK 25902 b |
|
| 1 |
| (f) Notwithstanding any other provision or rule of law, and | 2 |
| subject
only to the defenses set forth in subsection (j) of | 3 |
| this Section, the
following persons shall be liable for all | 4 |
| costs of removal or remedial
action incurred by the State of | 5 |
| Illinois or any unit of local
government as a result of a | 6 |
| release or substantial threat of a release of
a hazardous | 7 |
| substance or pesticide:
| 8 |
| (1) the owner and operator of a facility or vessel from | 9 |
| which there is
a release or substantial threat of release | 10 |
| of a hazardous substance or
pesticide;
| 11 |
| (2) any person who at the time of disposal, transport, | 12 |
| storage or
treatment of a hazardous substance or pesticide | 13 |
| owned or operated the
facility or vessel used for such | 14 |
| disposal, transport, treatment or storage
from which there | 15 |
| was a release or substantial threat of a release of any
| 16 |
| such hazardous substance or pesticide;
| 17 |
| (3) any person who by contract, agreement, or otherwise | 18 |
| has arranged with
another party or entity for transport, | 19 |
| storage, disposal or treatment of
hazardous substances or | 20 |
| pesticides owned, controlled or possessed by such
person at | 21 |
| a facility owned or operated by another party or entity | 22 |
| from
which facility there is a release or substantial | 23 |
| threat of a release of
such hazardous substances or | 24 |
| pesticides; and
| 25 |
| (4) any person who accepts or accepted any hazardous | 26 |
| substances or
pesticides for transport to disposal, |
|
|
|
SB0970 Enrolled |
- 48 - |
LRB095 05812 CMK 25902 b |
|
| 1 |
| storage or treatment facilities or
sites from which there | 2 |
| is a release or a substantial threat of a release of
a | 3 |
| hazardous substance or pesticide.
| 4 |
| Any monies received by the State of Illinois pursuant to | 5 |
| this
subsection (f) shall be deposited in the State Treasury to | 6 |
| the credit
of the Hazardous Waste Fund.
| 7 |
| In accordance with the other provisions of this Section, | 8 |
| costs of
removal or remedial action incurred by a unit of local | 9 |
| government may be
recovered in an action before the Board | 10 |
| brought by the unit of local
government under subsection (i) of | 11 |
| this Section. Any monies so recovered
shall be paid to the unit | 12 |
| of local government.
| 13 |
| (g)(1) No indemnification, hold harmless, or similar | 14 |
| agreement or conveyance
shall be effective to transfer from | 15 |
| the owner or operator of any vessel
or facility or from any | 16 |
| person who may be liable for a release or
substantial | 17 |
| threat of a release under this Section, to any other person | 18 |
| the
liability imposed under this Section. Nothing in this | 19 |
| Section shall bar
any agreement to insure, hold harmless or | 20 |
| indemnify a party to such
agreements for any liability | 21 |
| under this Section.
| 22 |
| (2) Nothing in this Section, including the provisions | 23 |
| of paragraph (g)(1)
of this Section, shall bar a cause of | 24 |
| action that an owner or operator or
any other person | 25 |
| subject to liability under this Section, or a guarantor,
| 26 |
| has or would have, by reason of subrogation or otherwise |
|
|
|
SB0970 Enrolled |
- 49 - |
LRB095 05812 CMK 25902 b |
|
| 1 |
| against any person.
| 2 |
| (h) For purposes of this Section:
| 3 |
| (1) The term "facility" means:
| 4 |
| (A) any building, structure, installation, | 5 |
| equipment, pipe or pipeline
including but not limited | 6 |
| to any pipe into a sewer or publicly owned
treatment | 7 |
| works, well, pit, pond, lagoon, impoundment, ditch, | 8 |
| landfill,
storage container, motor vehicle, rolling | 9 |
| stock, or aircraft; or
| 10 |
| (B) any site or area where a hazardous substance | 11 |
| has been deposited,
stored, disposed of, placed, or | 12 |
| otherwise come to be located.
| 13 |
| (2) The term "owner or operator" means:
| 14 |
| (A) any person owning or operating a vessel or | 15 |
| facility;
| 16 |
| (B) in the case of an abandoned facility, any | 17 |
| person owning or operating
the abandoned facility or | 18 |
| any person who owned, operated, or otherwise
| 19 |
| controlled activities at the abandoned facility | 20 |
| immediately prior to such
abandonment;
| 21 |
| (C) in the case of a land trust as defined in | 22 |
| Section 2 of the Land
Trustee as Creditor Act, the | 23 |
| person owning the beneficial interest in the land
| 24 |
| trust;
| 25 |
| (D) in the case of a fiduciary (other than a land | 26 |
| trustee), the estate,
trust estate, or other interest |
|
|
|
SB0970 Enrolled |
- 50 - |
LRB095 05812 CMK 25902 b |
|
| 1 |
| in property held in a fiduciary capacity,
and not the | 2 |
| fiduciary. For the purposes of this Section, | 3 |
| "fiduciary" means
a trustee, executor, administrator, | 4 |
| guardian, receiver, conservator or other
person | 5 |
| holding a facility or vessel in a fiduciary capacity;
| 6 |
| (E) in the case of a "financial institution", | 7 |
| meaning the Illinois
Housing Development Authority and | 8 |
| that term as defined in Section 2 of the
Illinois | 9 |
| Banking Act, that has acquired ownership, operation, | 10 |
| management,
or control of a vessel or facility through | 11 |
| foreclosure or under the terms
of a security interest | 12 |
| held by the financial institution or under the terms
of | 13 |
| an extension of credit made by the financial | 14 |
| institution, the financial
institution only if the | 15 |
| financial institution takes possession of the
vessel | 16 |
| or facility and the financial institution exercises | 17 |
| actual, direct,
and continual or recurrent managerial | 18 |
| control in the operation of the
vessel or facility that | 19 |
| causes a release or substantial threat of a release
of | 20 |
| a hazardous substance or pesticide resulting in | 21 |
| removal or remedial
action;
| 22 |
| (F) In the case of an owner of residential | 23 |
| property, the owner if the
owner is a person other than | 24 |
| an individual, or if the owner is an individual
who | 25 |
| owns more than 10 dwelling units in Illinois, or if the | 26 |
| owner, or an agent,
representative, contractor, or |
|
|
|
SB0970 Enrolled |
- 51 - |
LRB095 05812 CMK 25902 b |
|
| 1 |
| employee of the owner, has caused, contributed
to, or | 2 |
| allowed the release or threatened release of a | 3 |
| hazardous substance or
pesticide. The term | 4 |
| "residential property" means single family residences | 5 |
| of
one to 4 dwelling units, including accessory land, | 6 |
| buildings, or improvements
incidental to those | 7 |
| dwellings that are exclusively used for the | 8 |
| residential
use. For purposes of this subparagraph | 9 |
| (F), the term "individual" means a
natural person, and | 10 |
| shall not include corporations, partnerships, trusts, | 11 |
| or
other non-natural persons.
| 12 |
| (G) In the case of any facility, title or control | 13 |
| of which was
conveyed due to bankruptcy, foreclosure, | 14 |
| tax delinquency, abandonment, or
similar means
to a | 15 |
| unit of State or local government, any person who | 16 |
| owned, operated, or
otherwise controlled activities at | 17 |
| the facility immediately beforehand.
| 18 |
| (H) The term "owner or operator" does not include a | 19 |
| unit of State or
local government which acquired | 20 |
| ownership or control through bankruptcy, tax
| 21 |
| delinquency, abandonment, or other circumstances in | 22 |
| which the government
acquires title by virtue of its | 23 |
| function as sovereign. The exclusion provided
under | 24 |
| this paragraph shall not apply to any State or local | 25 |
| government which has
caused or contributed to the | 26 |
| release or threatened release of a hazardous
substance |
|
|
|
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| from the facility, and such a State or local government | 2 |
| shall be
subject to the provisions of this Act in the | 3 |
| same manner and to the same
extent, both procedurally | 4 |
| and substantively, as any nongovernmental entity,
| 5 |
| including liability under Section 22.2(f).
| 6 |
| (i) The costs and damages provided for in this Section may | 7 |
| be imposed by
the Board in an action brought before the Board | 8 |
| in accordance with Title
VIII of this Act, except that Section | 9 |
| 33(c) of this Act shall not apply to
any such action.
| 10 |
| (j) (1) There shall be no liability under this Section for | 11 |
| a person
otherwise liable who can establish by a preponderance | 12 |
| of the evidence that
the release or substantial threat of | 13 |
| release of a hazardous substance and
the damages resulting | 14 |
| therefrom were caused solely by:
| 15 |
| (A) an act of God;
| 16 |
| (B) an act of war;
| 17 |
| (C) an act or omission of a third party other than an | 18 |
| employee or agent
of the defendant, or other than one whose | 19 |
| act or omission occurs in
connection with a contractual | 20 |
| relationship, existing directly or
indirectly, with the | 21 |
| defendant (except where the sole contractual
arrangement | 22 |
| arises from a published tariff and acceptance for carriage | 23 |
| by a
common carrier by rail), if the defendant establishes | 24 |
| by a preponderance of
the evidence that (i) he exercised | 25 |
| due care with respect to the hazardous
substance concerned, | 26 |
| taking into consideration the characteristics of such
|
|
|
|
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| 1 |
| hazardous substance, in light of all relevant facts and | 2 |
| circumstances, and
(ii) he took precautions against | 3 |
| foreseeable acts or omissions of any such
third party and | 4 |
| the consequences that could foreseeably result from such
| 5 |
| acts or omissions; or
| 6 |
| (D) any combination of the foregoing paragraphs.
| 7 |
| (2) There shall be no liability under this Section for any | 8 |
| release
permitted by State or federal law.
| 9 |
| (3) There shall be no liability under this Section for | 10 |
| damages as a result
of actions taken or omitted in the course | 11 |
| of rendering care, assistance,
or advice in accordance with | 12 |
| this Section or the National Contingency Plan
pursuant to the | 13 |
| Comprehensive Environmental Response, Compensation and
| 14 |
| Liability Act of 1980 (P.L. 96-510) or at the direction of an
| 15 |
| on-scene coordinator appointed under such plan, with respect to | 16 |
| an incident
creating a danger to public health or welfare or | 17 |
| the environment as a result
of any release of a hazardous | 18 |
| substance or a substantial threat thereof. This
subsection | 19 |
| shall not preclude liability for damages as the result of gross
| 20 |
| negligence or intentional misconduct on the part of such | 21 |
| person. For the
purposes of the preceding sentence, reckless, | 22 |
| willful, or wanton misconduct
shall constitute gross | 23 |
| negligence.
| 24 |
| (4) There shall be no liability under this Section for any | 25 |
| person
(including, but not limited to, an owner of residential | 26 |
| property who applies a
pesticide to the residential property or |
|
|
|
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| 1 |
| who has another person apply a
pesticide to the residential | 2 |
| property) for response costs or damages as the
result of the | 3 |
| storage, handling and use, or recommendation for storage,
| 4 |
| handling and use, of a pesticide consistent with:
| 5 |
| (A) its directions for storage, handling and use as | 6 |
| stated in its
label or labeling;
| 7 |
| (B) its warnings and cautions as stated in its label or | 8 |
| labeling; and
| 9 |
| (C) the uses for which it is registered under the | 10 |
| Federal Insecticide,
Fungicide and Rodenticide Act and the | 11 |
| Illinois Pesticide Act.
| 12 |
| (4.5) There shall be no liability under subdivision (f)(1) | 13 |
| of this Section
for response costs or damages as the result of | 14 |
| a release
of a pesticide from an agrichemical facility site if
| 15 |
| the Agency has received notice from the Department of | 16 |
| Agriculture pursuant to
Section 19.3 of the Illinois Pesticide | 17 |
| Act, the owner or operator of the
agrichemical facility is | 18 |
| proceeding with a corrective action plan under the
Agrichemical | 19 |
| Facility Response Action Program implemented under that | 20 |
| Section,
and the Agency
has provided a written endorsement of a | 21 |
| corrective action plan.
| 22 |
| (4.6) There shall be no liability under subdivision (f)(1) | 23 |
| of this
Section for response costs or damages as the result of | 24 |
| a substantial threat of
a release of a pesticide from an | 25 |
| agrichemical facility site if
the Agency has received notice | 26 |
| from the Department of Agriculture pursuant to
Section 19.3 of |
|
|
|
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| 1 |
| the Illinois Pesticide Act and the owner or operator of the
| 2 |
| agrichemical facility is proceeding with a corrective action | 3 |
| plan under the
Agrichemical Facility Response Action Program | 4 |
| implemented under that
Section.
| 5 |
| (5) Nothing in this subsection (j) shall affect or modify | 6 |
| in any way the
obligations or liability of any person under any | 7 |
| other provision of this
Act or State or federal law, including | 8 |
| common law, for damages, injury,
or loss resulting from a | 9 |
| release or substantial threat of a release of any
hazardous | 10 |
| substance or for removal or remedial action or the costs of | 11 |
| removal
or remedial action of such hazardous substance.
| 12 |
| (6)(A) The term "contractual relationship", for the | 13 |
| purpose of this
subsection includes, but is not limited to, | 14 |
| land contracts, deeds or other
instruments transferring title | 15 |
| or possession, unless the real property on
which the facility | 16 |
| concerned is located was acquired by the defendant after
the | 17 |
| disposal or placement of the hazardous substance on, in, or at | 18 |
| the
facility, and one or more of the circumstances described in | 19 |
| clause (i),
(ii), or (iii) of this paragraph is also | 20 |
| established by the defendant by a
preponderance of the | 21 |
| evidence:
| 22 |
| (i) At the time the defendant acquired the facility the | 23 |
| defendant did
not know and had no reason to know that any | 24 |
| hazardous substance which is
the subject of the release or | 25 |
| threatened release was disposed of on, in or
at the | 26 |
| facility.
|
|
|
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| 1 |
| (ii) The defendant is a government entity which | 2 |
| acquired the facility by
escheat, or through any other | 3 |
| involuntary transfer or acquisition, or
through the | 4 |
| exercise of eminent domain authority by purchase or | 5 |
| condemnation.
| 6 |
| (iii) The defendant acquired the facility by | 7 |
| inheritance or bequest.
| 8 |
| In addition to establishing the foregoing, the defendant | 9 |
| must establish
that he has satisfied the requirements of | 10 |
| subparagraph (C) of paragraph (l)
of this subsection (j).
| 11 |
| (B) To establish the defendant had no reason to know, as | 12 |
| provided in
clause (i) of subparagraph (A) of this paragraph, | 13 |
| the defendant must have
undertaken, at the time of acquisition, | 14 |
| all appropriate inquiry into the
previous ownership and uses of | 15 |
| the property consistent with good commercial
or customary | 16 |
| practice in an effort to minimize liability. For purposes of
| 17 |
| the preceding sentence, the court shall take into account any | 18 |
| specialized
knowledge or experience on the part of the | 19 |
| defendant, the relationship of
the purchase price to the value | 20 |
| of the property if uncontaminated, commonly
known or reasonably | 21 |
| ascertainable information about the property, the
obviousness | 22 |
| of the presence or likely presence of contamination at the
| 23 |
| property, and the ability to detect such contamination by | 24 |
| appropriate
inspection.
| 25 |
| (C) Nothing in this paragraph (6) or in subparagraph (C) of | 26 |
| paragraph
(1) of this subsection shall diminish the liability |
|
|
|
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| 1 |
| of any previous owner
or operator of such facility who would | 2 |
| otherwise be liable under this Act.
Notwithstanding this | 3 |
| paragraph (6), if the defendant obtained actual
knowledge of | 4 |
| the release or threatened release of a hazardous substance at
| 5 |
| such facility when the defendant owned the real property and | 6 |
| then
subsequently transferred ownership of the property to | 7 |
| another person
without disclosing such knowledge, such | 8 |
| defendant shall be treated as
liable under subsection (f) of | 9 |
| this Section and no defense under
subparagraph (C) of paragraph | 10 |
| (1) of this subsection shall be available
to such defendant.
| 11 |
| (D) Nothing in this paragraph (6) shall affect the | 12 |
| liability under this
Act of a defendant who, by any act or | 13 |
| omission, caused or contributed to
the release or threatened | 14 |
| release of a hazardous substance which is the
subject of the | 15 |
| action relating to the facility.
| 16 |
| (E) (i) Except as provided in clause (ii) of this | 17 |
| subparagraph (E), a
defendant who has acquired real property | 18 |
| shall have established a rebuttable
presumption against all | 19 |
| State claims and a conclusive presumption against all
private | 20 |
| party claims that the defendant has made all appropriate | 21 |
| inquiry within
the meaning of subdivision (6)(B) of this | 22 |
| subsection (j) if the defendant
proves that immediately prior | 23 |
| to or at the time of the acquisition:
| 24 |
| (I) the defendant obtained a Phase I Environmental | 25 |
| Audit of the real
property that meets or exceeds the | 26 |
| requirements of this subparagraph (E), and
the Phase I |
|
|
|
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|
| 1 |
| Environmental Audit did not disclose the presence or likely
| 2 |
| presence of a release or a substantial threat of a release | 3 |
| of a hazardous
substance or pesticide at, on, to, or from | 4 |
| the real property; or
| 5 |
| (II) the defendant obtained a Phase II Environmental | 6 |
| Audit of the real
property that meets or exceeds the | 7 |
| requirements of this subparagraph (E), and
the Phase II | 8 |
| Environmental Audit did not disclose the presence or likely
| 9 |
| presence of a release or a substantial threat of a release | 10 |
| of a hazardous
substance or pesticide at, on, to, or from | 11 |
| the real property.
| 12 |
| (ii) No presumption shall be created under clause (i) of | 13 |
| this subparagraph
(E), and a defendant shall be precluded from | 14 |
| demonstrating that the defendant
has made all appropriate | 15 |
| inquiry within the meaning of subdivision (6)(B) of
this | 16 |
| subsection (j), if:
| 17 |
| (I) the defendant fails to obtain all Environmental | 18 |
| Audits required under
this subparagraph (E) or any such | 19 |
| Environmental Audit fails to meet or exceed
the | 20 |
| requirements of this subparagraph (E);
| 21 |
| (II) a Phase I Environmental Audit discloses the | 22 |
| presence or likely
presence of a release or a substantial | 23 |
| threat of a release of a hazardous
substance or pesticide | 24 |
| at, on, to, or from real property, and the defendant
fails | 25 |
| to obtain a Phase II Environmental Audit;
| 26 |
| (III) a Phase II Environmental Audit discloses the |
|
|
|
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| 1 |
| presence or likely
presence of a release or a substantial | 2 |
| threat of a release of a hazardous
substance or pesticide | 3 |
| at, on, to, or from the real property;
| 4 |
| (IV) the defendant fails to maintain a written | 5 |
| compilation and explanatory
summary report of the | 6 |
| information reviewed in the course of each Environmental
| 7 |
| Audit under this subparagraph (E); or
| 8 |
| (V) there is any evidence of fraud, material | 9 |
| concealment, or material
misrepresentation by the | 10 |
| defendant of environmental conditions or of related
| 11 |
| information discovered during the course of an | 12 |
| Environmental Audit.
| 13 |
| (iii) For purposes of this subparagraph (E), the term | 14 |
| "environmental
professional" means an individual (other than a | 15 |
| practicing attorney) who,
through academic training, | 16 |
| occupational experience, and reputation (such as
engineers, | 17 |
| industrial hygienists, or geologists) can objectively conduct | 18 |
| one or
more aspects of an Environmental Audit and who either:
| 19 |
| (I) maintains at the time of the Environmental Audit | 20 |
| and for at least one
year thereafter at least $500,000 of | 21 |
| environmental consultants' professional
liability | 22 |
| insurance coverage issued by an insurance company licensed | 23 |
| to do
business in Illinois; or
| 24 |
| (II) is an Illinois licensed professional engineer or | 25 |
| an Illinois licensed
industrial hygienist.
| 26 |
| An environmental professional may employ persons who are |
|
|
|
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| 1 |
| not environmental
professionals to assist in the preparation of | 2 |
| an Environmental Audit if such
persons are under the direct | 3 |
| supervision and control of the environmental
professional.
| 4 |
| (iv) For purposes of this subparagraph (E), the term "real | 5 |
| property"
means any interest in any parcel of land, and | 6 |
| includes, but is not limited to,
buildings, fixtures, and
| 7 |
| improvements.
| 8 |
| (v) For purposes of this subparagraph (E), the term "Phase | 9 |
| I Environmental
Audit" means an investigation of real property, | 10 |
| conducted by environmental
professionals, to discover the | 11 |
| presence or likely presence of a release or a
substantial | 12 |
| threat of a release of a hazardous substance or pesticide at, | 13 |
| on,
to, or from real property, and whether a release or a | 14 |
| substantial threat of
a release of a hazardous substance or | 15 |
| pesticide has occurred or may occur at,
on, to, or from the | 16 |
| real property. Until such time as the United
States | 17 |
| Environmental Protection Agency establishes
standards for | 18 |
| making appropriate inquiry into the previous
ownership and uses | 19 |
| of the facility pursuant to 42 U.S.C.
Sec. 9601(35)(B)(ii), the | 20 |
| investigation shall comply with the
procedures of the American | 21 |
| Society for Testing and
Materials, including the document known | 22 |
| as Standard
E1527-97, entitled "Standard Procedures for | 23 |
| Environmental
Site Assessment: Phase 1 Environmental Site | 24 |
| Assessment
Process". Upon their adoption, the standards | 25 |
| promulgated
by USEPA pursuant to 42 U.S.C. Sec. 9601(35)(B)(ii) | 26 |
| shall
govern the performance of Phase I Environmental Audits. |
|
|
|
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| 1 |
| In
addition to the above requirements, the Phase I
| 2 |
| Environmental Audit shall include a review of recorded land
| 3 |
| title records for the purpose of determining whether the real
| 4 |
| property is subject to an environmental land use restriction
| 5 |
| such as a No Further Remediation Letter, Environmental
Land Use | 6 |
| Control, or Highway Authority Agreement.
| 7 |
| (vi) For purposes of subparagraph (E), the term "Phase II | 8 |
| Environmental
Audit" means an investigation of real property, | 9 |
| conducted by environmental
professionals, subsequent to a | 10 |
| Phase I Environmental Audit. If the Phase I
Environmental Audit | 11 |
| discloses the presence or likely presence of a hazardous
| 12 |
| substance or a pesticide or a release or a substantial threat | 13 |
| of a release of
a hazardous substance or pesticide:
| 14 |
| (I) In or to soil, the defendant, as part of the Phase | 15 |
| II Environmental
Audit, shall perform a series of soil | 16 |
| borings sufficient to determine whether
there is a presence | 17 |
| or likely presence of a hazardous substance or pesticide
| 18 |
| and whether there is or has been a release or a substantial | 19 |
| threat of a release
of a hazardous substance or pesticide | 20 |
| at, on, to, or from the real property.
| 21 |
| (II) In or to groundwater, the defendant, as part of | 22 |
| the Phase II
Environmental Audit, shall: review | 23 |
| information regarding local geology, water
well locations, | 24 |
| and locations of waters of the State as may be obtained | 25 |
| from
State, federal, and local government records, | 26 |
| including but not limited to the
United States Geological |
|
|
|
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| 1 |
| Survey Service , the State Geological Survey Division of the | 2 |
| University of Illinois
Department of Natural Resources , | 3 |
| and the State Water
Survey Division of the University of | 4 |
| Illinois Department of Natural Resources ; and
perform | 5 |
| groundwater monitoring sufficient to determine whether | 6 |
| there is a
presence or likely presence of a hazardous | 7 |
| substance or pesticide, and whether
there is or has been a | 8 |
| release or a substantial threat of a release of a
hazardous | 9 |
| substance or pesticide at, on, to, or from the real | 10 |
| property.
| 11 |
| (III) On or to media other than soil or groundwater, | 12 |
| the defendant, as
part of the Phase II Environmental Audit, | 13 |
| shall perform an investigation
sufficient to determine | 14 |
| whether there is a presence or likely presence of a
| 15 |
| hazardous substance or pesticide, and whether there is or | 16 |
| has been a release or
a substantial threat of a release of | 17 |
| a hazardous substance or pesticide at, on,
to, or from the | 18 |
| real property.
| 19 |
| (vii) The findings of each Environmental Audit prepared | 20 |
| under this
subparagraph (E) shall be set forth in a written | 21 |
| audit report. Each audit
report shall contain an affirmation by | 22 |
| the defendant and by each environmental
professional who | 23 |
| prepared the Environmental Audit that the facts stated in the
| 24 |
| report are true and are made under a penalty of perjury as | 25 |
| defined in Section
32-2 of the Criminal Code of 1961. It is | 26 |
| perjury for any person to sign an
audit report that contains a |
|
|
|
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| 1 |
| false material statement that the person does not
believe to be | 2 |
| true.
| 3 |
| (viii) The Agency is not required to review, approve, or | 4 |
| certify the results
of any Environmental Audit. The performance | 5 |
| of an Environmental Audit shall in
no way entitle a defendant | 6 |
| to a presumption of Agency approval or certification
of the | 7 |
| results of the Environmental Audit.
| 8 |
| The presence or absence of a disclosure document prepared | 9 |
| under the
Responsible Property Transfer Act of 1988 shall not | 10 |
| be a defense under this
Act and shall not satisfy the | 11 |
| requirements of subdivision (6)(A) of this
subsection (j).
| 12 |
| (7) No person shall be liable under this Section for | 13 |
| response costs
or damages as the result of a pesticide release | 14 |
| if the Agency has found
that a pesticide release occurred based | 15 |
| on a Health Advisory issued by the
U.S. Environmental | 16 |
| Protection Agency or an action level developed by the
Agency, | 17 |
| unless the Agency notified the manufacturer of the pesticide | 18 |
| and
provided an opportunity of not less than 30 days for the | 19 |
| manufacturer to
comment on the technical and scientific | 20 |
| justification supporting the Health
Advisory or action level.
| 21 |
| (8) No person shall be liable under this Section for | 22 |
| response costs or
damages as the result of a pesticide release | 23 |
| that occurs in the course of a
farm pesticide collection | 24 |
| program operated under Section 19.1 of the
Illinois Pesticide | 25 |
| Act, unless the release results from gross negligence or
| 26 |
| intentional misconduct.
|
|
|
|
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LRB095 05812 CMK 25902 b |
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| 1 |
| (k) If any person who is liable for a release or | 2 |
| substantial threat of
release of a hazardous substance or | 3 |
| pesticide fails without sufficient
cause to provide removal or | 4 |
| remedial action upon or in accordance with a
notice and request | 5 |
| by the Agency or upon or in accordance with any order of
the | 6 |
| Board or any court, such person may be liable to the State for | 7 |
| punitive
damages in an amount at least equal to, and not more | 8 |
| than 3 times, the
amount of any costs incurred by the State of | 9 |
| Illinois as a result of such
failure to take such removal or | 10 |
| remedial action. The punitive damages
imposed by the Board | 11 |
| shall be in addition to any costs recovered from such
person | 12 |
| pursuant to this Section and in addition to any other penalty | 13 |
| or
relief provided by this Act or any other law.
| 14 |
| Any monies received by the State pursuant to this | 15 |
| subsection (k) shall
be deposited in the Hazardous Waste Fund.
| 16 |
| (l) Beginning January 1, 1988, the Agency shall annually | 17 |
| collect a $250
fee for each Special Waste Hauling Permit | 18 |
| Application and, in addition,
shall collect a fee of $20 for | 19 |
| each waste hauling vehicle identified in the
annual permit | 20 |
| application and for each vehicle which is added to the permit
| 21 |
| during the annual period. The Agency shall deposit 85% of such | 22 |
| fees
collected under this subsection in the State Treasury to | 23 |
| the credit of
the Hazardous Waste Research Fund; and shall | 24 |
| deposit the remaining 15% of
such fees collected in the State | 25 |
| Treasury to the credit of the
Environmental Protection Permit | 26 |
| and Inspection Fund. The majority of such
receipts which are |
|
|
|
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| deposited in the Hazardous Waste Research Fund pursuant
to this | 2 |
| subsection shall be used by the University of Illinois | 3 |
| Department of Natural Resources for
activities which relate to | 4 |
| the protection of underground waters.
Persons engaged in the | 5 |
| offsite transportation of hazardous waste by highway
and | 6 |
| participating in the Uniform Program under subsection (l-5) are | 7 |
| not
required to file a Special Waste Hauling Permit | 8 |
| Application.
| 9 |
| (l-5) (1) As used in this subsection:
| 10 |
| "Base state" means the state selected by a transporter | 11 |
| according to the
procedures established under the Uniform | 12 |
| Program.
| 13 |
| "Base state agreement" means an agreement between | 14 |
| participating states
electing to register or permit | 15 |
| transporters.
| 16 |
| "Participating state" means a state electing to | 17 |
| participate in the
Uniform
Program by entering into a base | 18 |
| state agreement.
| 19 |
| "Transporter" means a person engaged in the offsite | 20 |
| transportation of
hazardous waste by highway.
| 21 |
| "Uniform application" means the uniform registration | 22 |
| and permit
application
form prescribed under the Uniform | 23 |
| Program.
| 24 |
| "Uniform Program" means the Uniform State Hazardous | 25 |
| Materials
Transportation Registration and Permit Program | 26 |
| established in the report
submitted and amended pursuant to |
|
|
|
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|
| 1 |
| 49 U.S.C. Section 5119(b), as implemented by
the Agency | 2 |
| under this subsection.
| 3 |
| "Vehicle" means any self-propelled motor vehicle, | 4 |
| except a truck tractor
without a trailer,
designed or used | 5 |
| for the transportation of hazardous waste subject to the
| 6 |
| hazardous waste manifesting requirements of 40 U.S.C. | 7 |
| Section 6923(a)(3).
| 8 |
| (2) Beginning July 1, 1998, the Agency shall implement | 9 |
| the Uniform
State Hazardous Materials Transportation | 10 |
| Registration and Permit Program.
On and after that date, no | 11 |
| person shall engage in the offsite transportation
of | 12 |
| hazardous waste by highway without registering and | 13 |
| obtaining a permit
under the Uniform Program.
A transporter | 14 |
| with its principal place of business in Illinois shall | 15 |
| register
with and obtain a permit from the Agency. A | 16 |
| transporter that designates another
participating state in | 17 |
| the Uniform Program as its base state shall likewise
| 18 |
| register with and obtain a permit from that state before | 19 |
| transporting hazardous
waste in Illinois.
| 20 |
| (3) Beginning July 1, 1998, the Agency shall annually | 21 |
| collect no more
than a
$250 processing and audit fee from | 22 |
| each transporter of hazardous waste who has
filed a uniform | 23 |
| application and, in addition, the Agency shall annually | 24 |
| collect
an
apportioned vehicle registration fee of $20.
The | 25 |
| amount of the apportioned vehicle registration fee
shall be | 26 |
| calculated consistent with the procedures established |
|
|
|
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| 1 |
| under the
Uniform Program.
| 2 |
| All moneys received by the Agency from the collection | 3 |
| of fees pursuant to
the Uniform Program shall be deposited | 4 |
| into the Hazardous Waste Transporter
account hereby | 5 |
| created within the Environmental Protection Permit and
| 6 |
| Inspection Fund. Moneys remaining in the account at
the
| 7 |
| close of the fiscal year shall not lapse to the General | 8 |
| Revenue Fund. The
State Treasurer may receive money or | 9 |
| other assets from any source for deposit
into the account. | 10 |
| The Agency may expend moneys from the account, upon
| 11 |
| appropriation, for the implementation of the Uniform | 12 |
| Program, including the
costs to the Agency of fee | 13 |
| collection and administration. In addition, funds
not | 14 |
| expended for the implementation of the Uniform Program may | 15 |
| be utilized for
emergency response and cleanup activities | 16 |
| related to hazardous
waste transportation that are | 17 |
| initiated by the Agency.
| 18 |
| Whenever the amount of the Hazardous Waste Transporter | 19 |
| account exceeds by
115% the amount annually appropriated by the | 20 |
| General Assembly, the Agency shall
credit participating | 21 |
| transporters an amount, proportionately based on the
amount of | 22 |
| the vehicle fee paid, equal to the excess in the account, and | 23 |
| shall
determine the need to reduce the amount of the fee | 24 |
| charged transporters in the
subsequent fiscal year by the | 25 |
| amount of the credit.
| 26 |
| (4) (A) The Agency may propose and the Board shall |
|
|
|
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| 1 |
| adopt rules as
necessary to implement and enforce the | 2 |
| Uniform Program. The Agency is
authorized to enter into | 3 |
| agreements with other agencies of this State as
necessary | 4 |
| to carry out administrative functions or enforcement of the | 5 |
| Uniform
Program.
| 6 |
| (B) The Agency shall recognize a Uniform Program | 7 |
| registration as valid for
one year from the date a notice | 8 |
| of registration form is issued and a permit as
valid for 3 | 9 |
| years from the date issued or until a transporter fails to | 10 |
| renew
its registration, whichever occurs first.
| 11 |
| (C) The Agency may inspect or examine any motor vehicle | 12 |
| or facility
operated by a transporter, including papers, | 13 |
| books, records, documents, or
other materials to determine | 14 |
| if a transporter is complying with the
Uniform Program. The | 15 |
| Agency may also conduct investigations and audits as
| 16 |
| necessary to determine if a transporter is entitled to a | 17 |
| permit or to make
suspension or revocation determinations | 18 |
| consistent with the standards of the
Uniform Program.
| 19 |
| (5) The Agency may enter into agreements with federal | 20 |
| agencies, national
repositories, or other participating | 21 |
| states as necessary to allow for the
reciprocal
| 22 |
| registration and permitting of transporters pursuant to | 23 |
| the Uniform Program.
The agreements may include procedures | 24 |
| for determining a base state, the
collection and | 25 |
| distribution of registration fees, dispute resolution, the
| 26 |
| exchange of information for reporting and enforcement |
|
|
|
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|
| 1 |
| purposes, and other
provisions necessary to fully | 2 |
| implement, administer, and enforce the Uniform
Program.
| 3 |
| (m) (Blank).
| 4 |
| (n) (Blank).
| 5 |
| (Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
| 6 |
| Section 875. The Illinois Pesticide Act is amended by | 7 |
| changing Section 19 as follows:
| 8 |
| (415 ILCS 60/19) (from Ch. 5, par. 819)
| 9 |
| Sec. 19. Interagency Committee on Pesticides. The Director | 10 |
| is authorized
to create an interagency committee on pesticides. | 11 |
| Its purpose is to study
and advise on the use of pesticides on | 12 |
| State property. Also, its purpose
is to advise any State agency | 13 |
| in connection with quarantine programs or
the protection of the | 14 |
| public health and welfare, and to recommend needed
legislation | 15 |
| concerning pesticides.
| 16 |
| 1. An interagency committee on pesticides shall consist of: | 17 |
| (1) the
Director of the Department of Agriculture, (2) the | 18 |
| Director of Natural
Resources, (3) the Director of the | 19 |
| Environmental
Protection Agency, (4) the Director of the | 20 |
| Department of Public Health, (5)
the Secretary of the | 21 |
| Department of Transportation, (6) the President Chief of the | 22 |
| University of Illinois or his or her designee representing the
| 23 |
| State Natural History Survey and (7) the Dean of the College of
| 24 |
| Agriculture, University of Illinois. Each member of the |
|
|
|
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| 1 |
| committee may
designate some person in his department to serve | 2 |
| on the committee in
his stead. Other State agencies may, at the | 3 |
| discretion of the Director,
be asked to serve on the | 4 |
| interagency committee on pesticides. The Director
of the | 5 |
| Department of Agriculture shall be chairman of this committee.
| 6 |
| 2. The interagency committee shall: (1) Review the current | 7 |
| status of
the sales and use of pesticides within the State of | 8 |
| Illinois. (2) Review
pesticide programs to be sponsored or | 9 |
| directed by a governmental agency.
(3) Consider the problems | 10 |
| arising from pesticide use with particular emphasis
on the | 11 |
| possible adverse effects on human health, livestock, crops, | 12 |
| fish,
and wildlife, business, industry, agriculture, or the | 13 |
| general public. (4)
Recommend legislation to the Governor, if | 14 |
| appropriate, which will prohibit
the irresponsible use of | 15 |
| pesticides. (5) Review rules and regulations
pertaining to the | 16 |
| regulation or prohibition of the sale, use or application
of | 17 |
| pesticides and labeling of pesticides for approval prior to | 18 |
| promulgation
and adoption. (6) Contact various experts and lay | 19 |
| groups, such as the
Illinois Pesticide Control Committee, to | 20 |
| obtain their views and
cooperation. (7) Advise on and approve | 21 |
| of all programs involving the use of
pesticides on State owned | 22 |
| property, state controlled property, or
administered by State | 23 |
| agencies. This shall not be construed to include
research | 24 |
| programs, or the generally accepted and approved practices
| 25 |
| essential to good farm and institutional management on the | 26 |
| premises of the
various State facilities.
|
|
|
|
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|
| 1 |
| 3. Members of this committee shall receive no compensation | 2 |
| for their
services as members of this committee other than that | 3 |
| provided by law for
their respective positions with the State | 4 |
| of Illinois. All necessary
expenses for travel of the committee | 5 |
| members shall be paid out of regular
appropriations of their | 6 |
| respective agencies.
| 7 |
| 4. The committee shall meet at least once each quarter of | 8 |
| the calendar
year, and may hold additional meetings upon the | 9 |
| call of the chairman. Four
members shall constitute a quorum.
| 10 |
| 5. The committee shall make a detailed report of its | 11 |
| findings and
recommendations to the Governor of Illinois prior | 12 |
| to each General
Assembly Session.
| 13 |
| 6. The Interagency Committee on Pesticides shall, at a | 14 |
| minimum,
annually, during the spring, conduct a statewide | 15 |
| public education campaign
and agriculture chemical safety | 16 |
| campaign to inform the public about
pesticide products, uses | 17 |
| and safe disposal techniques. A toll-free hot
line number shall | 18 |
| be made available for the public to report misuse cases.
| 19 |
| The Committee shall include in its educational program | 20 |
| information and
advice about the effects of various pesticides | 21 |
| and application techniques
upon the groundwater and drinking | 22 |
| water of the State.
| 23 |
| 7. The Interagency Committee on Pesticides shall conduct a | 24 |
| special
study of the effects of chemigation and other | 25 |
| agricultural applications of
pesticides upon the groundwater | 26 |
| of this State. The results of such study
shall be reported to |
|
|
|
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|
| 1 |
| the General Assembly by March 1, 1989. The members of
the | 2 |
| Committee may utilize the technical and clerical resources of | 3 |
| their
respective departments and agencies as necessary or | 4 |
| useful in the conduct
of the study.
| 5 |
| 8. In consultation with the Interagency Committee, the | 6 |
| Department
shall develop, and the Interagency Committee shall | 7 |
| approve,
procedures, methods, and guidelines for addressing | 8 |
| agrichemical
pesticide contamination at agrichemical | 9 |
| facilities in Illinois. In
developing those procedures, | 10 |
| methods, and guidelines, the following shall
be considered and | 11 |
| addressed: (1) an evaluation and assessment of site
conditions | 12 |
| and operational practices at agrichemical facilities where
| 13 |
| agricultural pesticides are handled; (2) what constitutes | 14 |
| pesticide
contamination; (3) cost effective procedures for | 15 |
| site assessments and
technologies for remedial action; and (4) | 16 |
| achievement of adequate
protection of public health and the | 17 |
| environment from such actual or
potential hazards. In | 18 |
| consultation with the Interagency Committee, the Department
| 19 |
| shall develop, and the Interagency Committee shall approve, | 20 |
| guidelines and
recommendations regarding long term financial | 21 |
| resources which may be
necessary to remediate pesticide | 22 |
| contamination at agrichemical facilities
in Illinois. The | 23 |
| Department, in consultation with the Interagency
Committee, | 24 |
| shall present a report on those guidelines and
recommendations | 25 |
| to the Governor and the General Assembly on or before
January | 26 |
| 1, 1993. The Department and the Interagency Committee shall
|
|
|
|
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|
| 1 |
| consult with the Illinois Pesticide Control
Committee and other | 2 |
| appropriate parties during this development process.
| 3 |
| 9. As part of the consideration of cost effective | 4 |
| technologies pursuant
to subsection 8 of this Section, the | 5 |
| Department may, upon request, provide
a written authorization | 6 |
| to the owner or operator of an agrichemical
facility for land | 7 |
| application of agrichemical contaminated
soils at agronomic | 8 |
| rates.
As used in this Section, "agrichemical" means pesticides | 9 |
| or commercial
fertilizers, at an agrichemical facility, in | 10 |
| transit from an agrichemical
facility to the field of | 11 |
| application, or at the field of application.
The written | 12 |
| authorization may also provide for use
of groundwater | 13 |
| contaminated by the release of an agrichemical,
provided
that | 14 |
| the groundwater is not also contaminated due to the release of | 15 |
| a
petroleum product or hazardous substance other than an | 16 |
| agrichemical. The uses
of agrichemical contaminated | 17 |
| groundwater authorized by the
Department shall be
limited to | 18 |
| supervised application or irrigation onto farmland and | 19 |
| blending
as make-up water in the preparation of agrichemical | 20 |
| spray solutions that
are to be applied to farmland. In either | 21 |
| case, the use of the agrichemical
contaminated water shall not | 22 |
| cause (i) the total annual application amounts
of a pesticide | 23 |
| to exceed the respective pesticide label application
rate on | 24 |
| any authorized sites
or (ii) the total annual application | 25 |
| amounts of a fertilizer to exceed the
generally accepted annual | 26 |
| application rate on any authorized sites. All
authorizations |
|
|
|
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|
| 1 |
| shall prescribe
appropriate operational control practices to | 2 |
| protect the site of application
and shall identify each site or | 3 |
| sites where land
application or irrigation take place. Where | 4 |
| agrichemical
contaminated
groundwater is used on farmland, the | 5 |
| prescribed practices shall be designed
to prevent off-site | 6 |
| runoff or conveyance through underground tile
systems. The | 7 |
| Department shall
periodically advise the Interagency Committee | 8 |
| regarding the issuance of
such authorizations and the status of | 9 |
| compliance at the application sites.
| 10 |
| (Source: P.A. 92-113, eff. 7-20-01.)
| 11 |
| Section 880. The Toxic Pollution Prevention Act is amended | 12 |
| by changing Section 5 as follows:
| 13 |
| (415 ILCS 85/5) (from Ch. 111 1/2, par. 7955)
| 14 |
| Sec. 5. Toxic Pollution Prevention Assistance Program. | 15 |
| There is
hereby established a Toxic Pollution Prevention | 16 |
| Assistance Program at the
Waste Management and Research
Center. | 17 |
| The Center may establish
cooperative programs with public and | 18 |
| private colleges and universities
designed to augment the | 19 |
| implementation of this Section. The Center may
establish fees, | 20 |
| tuition, or other financial charges for participation in
the | 21 |
| Assistance Program. These monies shall be deposited in the | 22 |
| Toxic
Pollution Prevention Fund established in Section 7 of | 23 |
| this Act. Through the
Assistance Program, the Center:
| 24 |
| (1) Shall provide general information about and actively |
|
|
|
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| 1 |
| publicize the
advantages of and developments in toxic pollution | 2 |
| prevention.
| 3 |
| (2) May establish courses, seminars, conferences and other | 4 |
| events, and
reports, updates, guides and other publications and | 5 |
| other means of
providing technical information for industries, | 6 |
| local governments and
citizens concerning toxic pollution | 7 |
| prevention strategies, and may, as
appropriate, work in | 8 |
| cooperation with the Agency.
| 9 |
| (3) Shall engage in research on toxic pollution prevention
| 10 |
| methods. Such research shall include assessments of the impact
| 11 |
| of adopting toxic pollution prevention methods on the | 12 |
| environment, the
public health, and worker exposure, and | 13 |
| assessments of the impact on
profitability and employment | 14 |
| within affected industries.
| 15 |
| (4) Shall provide on-site technical
consulting, to the | 16 |
| extent practicable, to help facilities to
identify | 17 |
| opportunities for toxic pollution prevention, and to develop
| 18 |
| toxic pollution prevention plans. To be eligible for such
| 19 |
| consulting, the owner or operator of a facility must agree to | 20 |
| allow
information regarding the results of such consulting to | 21 |
| be shared with the
public, provided that the identity of the | 22 |
| facility shall be made available only
with its consent, and | 23 |
| trade secret information shall remain protected.
| 24 |
| (5) May sponsor pilot projects in cooperation with the
| 25 |
| Agency, or an institute of higher education to develop
and | 26 |
| demonstrate innovative technologies and methods for toxic |
|
|
|
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|
| 1 |
| pollution
prevention. The results of all such projects shall be | 2 |
| available for use by
the public, but trade secret information | 3 |
| shall remain protected.
| 4 |
| (6) May award grants for activities that further the | 5 |
| purposes of this
Act, including but not limited to the | 6 |
| following:
| 7 |
| (A) grants to not-for-profit organizations to | 8 |
| establish free or
low-cost technical assistance or | 9 |
| educational programs to supplement the
toxic pollution | 10 |
| prevention activities of the Center;
| 11 |
| (B) grants to assist trade associations, business | 12 |
| organizations, labor
organizations and educational | 13 |
| institutions in developing training materials
to foster | 14 |
| toxic pollution prevention; and
| 15 |
| (C) grants to assist industry, business organizations, | 16 |
| labor
organizations, education institutions and industrial | 17 |
| hygienists to
identify, evaluate and implement toxic | 18 |
| pollution prevention measures and
alternatives through | 19 |
| audits, plans and programs.
| 20 |
| The Center may establish criteria and terms for such | 21 |
| grants, including a
requirement that a grantee provide | 22 |
| matching funds. Grant money awarded
under this Section may | 23 |
| not be spent for capital improvements or equipment.
| 24 |
| In determining whether to award a grant, the Center | 25 |
| Director shall
consider at least the following:
| 26 |
| (i) the potential of the project to prevent |
|
|
|
SB0970 Enrolled |
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|
| 1 |
| pollution;
| 2 |
| (ii) the likelihood that the project will develop | 3 |
| techniques or
processes that will minimize the | 4 |
| transfer of pollution from one
environmental medium to | 5 |
| another;
| 6 |
| (iii) the extent to which information to be | 7 |
| developed through the
project will be applicable to | 8 |
| other persons in the State; and
| 9 |
| (iv) the willingness of the grant applicant to | 10 |
| assist the Center in
disseminating information about | 11 |
| the pollution prevention methods to be
developed | 12 |
| through the project.
| 13 |
| (7) Shall establish and operate a State information | 14 |
| clearinghouse
that
assembles, catalogues and disseminates | 15 |
| information about toxic pollution
prevention and available | 16 |
| consultant services. Such clearinghouse shall
include a | 17 |
| computer database containing information on managerial, | 18 |
| technical
and operational approaches to achieving toxic | 19 |
| pollution prevention. The
computer database must be maintained | 20 |
| on a system designed to enable
businesses, governmental | 21 |
| agencies and the general public readily to obtain
information | 22 |
| specific to production technologies, materials, operations and
| 23 |
| products. A business shall not be required to submit to the | 24 |
| clearinghouse
any information that is a trade secret.
| 25 |
| (8) May contract with an established institution of higher | 26 |
| education
to assist the Center in carrying out the provisions |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| of this Section. The
assistance provided by such an institution | 2 |
| may include, but need not be
limited to:
| 3 |
| (A) engineering field internships to assist industries | 4 |
| in
identifying
toxic pollution prevention opportunities;
| 5 |
| (B) development of a toxic pollution prevention | 6 |
| curriculum for
students and faculty; and
| 7 |
| (C) applied toxic pollution prevention and recycling | 8 |
| research.
| 9 |
| (9) Shall emphasize assistance to businesses that have | 10 |
| inadequate
technical and financial resources to obtain | 11 |
| information and to assess and
implement toxic pollution | 12 |
| prevention methods.
| 13 |
| (10) Shall publish a biannual report on its toxic pollution
| 14 |
| prevention activities, achievements, identified problems and | 15 |
| future goals.
| 16 |
| (Source: P.A. 90-490, eff. 8-17-97.)
| 17 |
| Section 885. The Illinois Low-Level Radioactive Waste | 18 |
| Management Act is amended by changing Section 3 as follows:
| 19 |
| (420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)
| 20 |
| Sec. 3. Definitions.
| 21 |
| (a) "Broker" means any person who takes possession of | 22 |
| low-level waste for
purposes of consolidation and shipment.
| 23 |
| (b) "Compact" means the Central Midwest Interstate | 24 |
| Low-Level Radioactive
Waste Compact.
|
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| (c) "Decommissioning" means the measures taken at the end | 2 |
| of a facility's
operating life to assure the continued | 3 |
| protection of the public from any
residual radioactivity or | 4 |
| other potential hazards present at a facility.
| 5 |
| (d) "Department" means the Department of Nuclear Safety.
| 6 |
| (e) "Director" means the Director of the Department of | 7 |
| Nuclear Safety.
| 8 |
| (f) "Disposal" means the isolation of waste from the | 9 |
| biosphere in a
permanent facility designed for that purpose.
| 10 |
| (g) "Facility" means a parcel of land or site, together | 11 |
| with structures,
equipment and improvements on or appurtenant | 12 |
| to the land or site, which
is used or is being developed for | 13 |
| the treatment, storage or disposal of
low-level radioactive | 14 |
| waste. "Facility" does not include lands, sites,
structures or | 15 |
| equipment used by a generator in the generation of low-level
| 16 |
| radioactive wastes.
| 17 |
| (h) "Generator" means any person who produces or possesses | 18 |
| low-level
radioactive waste in the course of or incident to | 19 |
| manufacturing, power
generation, processing, medical diagnosis | 20 |
| and treatment, research,
education or other activity.
| 21 |
| (i) "Hazardous waste" means a waste, or combination of | 22 |
| wastes, which
because of its quantity, concentration, or | 23 |
| physical, chemical, or
infectious characteristics may cause or | 24 |
| significantly contribute to an
increase in mortality or an | 25 |
| increase in serious, irreversible, or
incapacitating | 26 |
| reversible, illness; or pose a substantial present or
potential |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| hazard to human health or the environment when improperly
| 2 |
| treated, stored, transported, or disposed of, or otherwise | 3 |
| managed, and
which has been identified, by characteristics or | 4 |
| listing, as hazardous
under Section 3001 of the Resource | 5 |
| Conservation and Recovery Act of
1976, P.L. 94-580 or under | 6 |
| regulations of the Pollution Control Board.
| 7 |
| (j) "High-level radioactive waste" means:
| 8 |
| (1) the highly radioactive material resulting from the | 9 |
| reprocessing of
spent nuclear fuel including liquid waste | 10 |
| produced directly in reprocessing
and any solid material | 11 |
| derived from the liquid waste that contains fission
| 12 |
| products in sufficient concentrations; and
| 13 |
| (2) the highly radioactive material that the Nuclear | 14 |
| Regulatory
Commission has determined, on the effective | 15 |
| date of this Amendatory Act of
1988, to be high-level | 16 |
| radioactive waste requiring permanent isolation.
| 17 |
| (k) "Low-level radioactive waste" or "waste" means | 18 |
| radioactive waste not
classified as high-level radioactive | 19 |
| waste, transuranic waste, spent nuclear
fuel or byproduct | 20 |
| material as defined in Section 11e(2) of the Atomic Energy
Act | 21 |
| of 1954 (42 U.S.C. 2014).
| 22 |
| (l) "Mixed waste" means waste that is both "hazardous | 23 |
| waste" and "low-level
radioactive waste" as defined in this | 24 |
| Act. | 25 |
| (m) "Person" means an individual,
corporation, business | 26 |
| enterprise or other legal entity either public or private
and |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
| 1 |
| any legal successor, representative, agent or agency of that | 2 |
| individual,
corporation, business enterprise, or legal entity.
| 3 |
| (n) "Post-closure care" means the continued monitoring of | 4 |
| the regional
disposal facility after closure for the purposes | 5 |
| of detecting a need for
maintenance, ensuring environmental | 6 |
| safety, and determining compliance with
applicable licensure | 7 |
| and regulatory requirements, and includes undertaking any
| 8 |
| remedial actions necessary to protect public health and the | 9 |
| environment from
radioactive releases from the facility.
| 10 |
| (o) "Regional disposal facility" or "disposal facility" | 11 |
| means the
facility established by the State of Illinois under | 12 |
| this Act for disposal
away from the point of generation of | 13 |
| waste
generated in the region of the Compact.
| 14 |
| (p) "Release" means any spilling, leaking, pumping, | 15 |
| pouring, emitting,
emptying, discharging, injecting, escaping, | 16 |
| leaching, dumping or disposing
into the environment of | 17 |
| low-level radioactive waste.
| 18 |
| (q) "Remedial action" means those actions taken in the | 19 |
| event of a release
or threatened release of low-level | 20 |
| radioactive waste into the environment,
to prevent or minimize | 21 |
| the release of the waste so that it does not migrate
to cause | 22 |
| substantial danger to present or future public health or | 23 |
| welfare
or the environment. The term includes, but is not | 24 |
| limited to, actions
at the location of the release such as | 25 |
| storage, confinement, perimeter
protection using dikes, | 26 |
| trenches or ditches, clay cover, neutralization,
cleanup of |
|
|
|
SB0970 Enrolled |
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|
| 1 |
| released low-level radioactive wastes, recycling or reuse,
| 2 |
| dredging or excavations, repair or replacement of leaking | 3 |
| containers,
collection of leachate and runoff, onsite | 4 |
| treatment or incineration,
provision of alternative water | 5 |
| supplies and any monitoring reasonably
required to assure that | 6 |
| these actions protect human health and the environment.
| 7 |
| (q-5) "Scientific Surveys" means, collectively, the State | 8 |
| Geological
Survey
Division and the State Water Survey Division | 9 |
| of the University of Illinois Department of
Natural Resources .
| 10 |
| (r) "Shallow land burial" means a land disposal facility in | 11 |
| which
radioactive waste is disposed of in or within the upper | 12 |
| 30 meters of the
earth's surface. However, this definition | 13 |
| shall not include an enclosed,
engineered, structurally | 14 |
| re-enforced and solidified bunker that extends
below the | 15 |
| earth's surface.
| 16 |
| (s) "Storage" means the temporary holding of waste for | 17 |
| treatment or
disposal for a period determined by Department | 18 |
| regulations.
| 19 |
| (t) "Treatment" means any method, technique or process, | 20 |
| including storage
for radioactive decay, designed to change the | 21 |
| physical, chemical or biological
characteristics or | 22 |
| composition of any waste in order to render the waste
safer for | 23 |
| transport, storage or disposal, amenable to recovery, | 24 |
| convertible
to another usable material or reduced in volume.
| 25 |
| (u) "Waste management" means the storage, transportation, | 26 |
| treatment or
disposal of waste.
|
|
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| (Source: P.A. 90-29, eff. 6-26-97 .)
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| Section 890. The Wildlife Code is amended by changing | 3 |
| Section 1.3 as follows:
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| (520 ILCS 5/1.3)
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| Sec. 1.3. The Department shall have the authority to manage
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| wildlife and regulate the taking of wildlife for
the
purposes | 7 |
| of providing public recreation and controlling wildlife | 8 |
| populations.
The seasons during which wildlife may be taken, | 9 |
| the methods for taking
wildlife, the daily bag
limits, and the | 10 |
| possession limits shall be established by the Department
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| through
administrative rule,
but the Department may not provide | 12 |
| for a longer season, a
larger daily bag limit, or a larger | 13 |
| possession limit than is provided in
this Code.
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| The Natural Resources Advisory Board may also recommend to | 15 |
| the Director of
Natural Resources any reductions or increases | 16 |
| of seasons and bag or possession
limits or the closure of any | 17 |
| season when research and inventory data indicate
the need for | 18 |
| such changes.
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| The Department is authorized to establish seasons for the | 20 |
| taking of
migratory birds within the dates established annually | 21 |
| by
Proclamation of the
Secretary, United States Department of | 22 |
| the Interior, known as the
"Rules and Regulations for Migratory | 23 |
| Bird Hunting" (50 CFR 20 et seq.). When
the biological balance | 24 |
| of any
species is affected, the Director may with the approval |
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| of the
Conservation Advisory Board, by administrative rule, | 2 |
| lengthen, shorten
or close the season during which waterfowl | 3 |
| may be taken within the
federal limitations prescribed.
If the | 4 |
| Department does not adopt an administrative rule establishing a
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| season, then the season shall be as set forth in the current | 6 |
| "Rules and
Regulations for Migratory Bird Hunting". The | 7 |
| Department shall advise the
public by reasonable means of the | 8 |
| dates of the various seasons.
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| The Department may utilize the services of the staff of the | 10 |
| Illinois
State Natural History Survey of the University of | 11 |
| Illinois Division in the Department of
Natural Resources for | 12 |
| making investigations as to the population status of
the | 13 |
| various species of wildlife.
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| Employees or agents of any state, federal, or municipal | 15 |
| government or body
when engaged in investigational work and law | 16 |
| enforcement, may with prior
approval of the Director, be | 17 |
| exempted from the provisions of this Act.
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| (Source: P.A. 89-445, eff. 2-7-96; 90-435, eff. 1-1-98.)
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| Section 895. The Rivers, Lakes, and Streams Act is amended | 20 |
| by changing Section 18g as follows:
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| (615 ILCS 5/18g) (from Ch. 19, par. 65g)
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| Sec. 18g. (a) The Department of Natural Resources
shall | 23 |
| define the
100-year floodway within metropolitan counties | 24 |
| located in the area served
by the Northeastern Illinois |
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| Planning Commission, except for the part of
that area which is | 2 |
| within any city with a population exceeding 1,500,000. In
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| defining the 100-year floodway, the Department may rely on | 4 |
| published data and
maps which have been prepared by the | 5 |
| Department itself, by the Illinois State
Water Survey of the | 6 |
| University of Illinois , by federal, State or local governmental | 7 |
| agencies, or by any other
private or public source which it | 8 |
| determines to be reliable and appropriate.
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| (b) The Department may issue permits for construction that | 10 |
| is an appropriate
use of the designated 100-year floodway in | 11 |
| such metropolitan counties.
If a unit of local government has | 12 |
| adopted an ordinance that establishes
minimum standards for | 13 |
| appropriate use of the floodway that are at least as
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| restrictive as those established by the Department and this | 15 |
| Section, and
the unit of local government has adequate staff to | 16 |
| enforce the ordinance,
the Department may delegate to such unit | 17 |
| of local government the authority
to issue permits for | 18 |
| construction that is an appropriate use of the
floodway within | 19 |
| its jurisdiction.
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| (c) No person may engage in any new construction within the | 21 |
| 100-year
floodway as designated by the Department in such
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| metropolitan counties, unless such construction relates to an | 23 |
| appropriate
use of the floodway. No unit of local government, | 24 |
| including home rule
units, in such metropolitan counties may | 25 |
| issue any building permit or other
apparent authorization for | 26 |
| any prohibited new construction within the
100-year floodway.
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| (d) For the purpose of this Section:
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| (1) "100-year floodway" means the channel and that | 3 |
| portion of the
floodplain adjacent to a stream or | 4 |
| watercourse which is needed to store and
convey the | 5 |
| 100-year frequency flood discharge without a significant | 6 |
| increase in
stage.
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| (2) "New construction" means the construction of any | 8 |
| new building or
structure or the placement of any fill or | 9 |
| material, but does not include the
repair, remodeling or | 10 |
| maintenance of buildings or structures in existence
on the | 11 |
| effective date of this amendatory Act of 1987.
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| (3) "Appropriate use of the floodway" means use for (i) | 13 |
| flood control
structures, dikes, dams and other public | 14 |
| works or private improvements
relating to the control of | 15 |
| drainage, flooding or erosion; (ii) structures
or | 16 |
| facilities relating to the use of, or requiring access to, | 17 |
| the water or
shoreline, including pumping and treatment | 18 |
| facilities, and facilities and
improvements related to | 19 |
| recreational boats, commercial shipping and other
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| functionally dependent uses;
and (iii) any other purposes | 21 |
| which the Department determines, by rule, to
be appropriate | 22 |
| to the 100-year floodway, and the periodic inundation of
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| which will not pose a danger to the general health and | 24 |
| welfare of the user,
or require the expenditure of public | 25 |
| funds or the provision of public
resources or disaster | 26 |
| relief services. Appropriate use of the floodway
does not |
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| include construction of a new building unless such building | 2 |
| is a
garage, storage shed or other structure accessory to | 3 |
| an existing building
and such building does not increase | 4 |
| flood stages.
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| (4) "Person" includes natural persons, corporations, | 6 |
| associations,
governmental entities, and all other legal | 7 |
| entities.
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| (e) All construction undertaken on a designated 100-year | 9 |
| floodway in
such metropolitan counties, without benefit of a | 10 |
| permit from the Department
of Natural Resources, shall be | 11 |
| unlawful
and the Department or any affected
unit of local | 12 |
| government may, in its
discretion, proceed to obtain injunctive | 13 |
| relief for abatement or removal of
such unlawful construction. | 14 |
| The Department, in its discretion, may make
such investigations | 15 |
| and conduct such hearings and adopt such rules as may
be | 16 |
| necessary to the performance of its duties under this Section.
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| (f) This Section does not limit any power granted to the
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| Department by any other Act.
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| (g) This Section does not limit the concurrent exercise by | 20 |
| any unit of
local government of any power consistent herewith.
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| (h) This Section does not apply to any city with a | 22 |
| population
exceeding 1,500,000.
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| (Source: P.A. 89-445, eff. 2-7-96.)
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| Section 998. The State Finance Act is amended by adding | 25 |
| Section 8o as follows: |
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| (30 ILCS 105/8o new) | 2 |
| Sec. 8o. Transfer to the University of Illinois Income | 3 |
| Fund. Immediately upon the effective date of this Section, the | 4 |
| State Comptroller shall direct and the State Treasurer shall | 5 |
| transfer $15,826,499 from the General Revenue Fund to the | 6 |
| University of Illinois Income Fund.
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| Section 999. Effective date. This Section and Section 998 | 8 |
| take effect on July 1, 2008. The other provisions of this Act | 9 |
| take effect on July 1, 2008 or on the date the transfer from | 10 |
| the General Revenue Fund to the University of Illinois Income | 11 |
| Fund is made as required by Section 8o of the State Finance | 12 |
| Act, whichever is later. |
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