Bill Text: IL SB1578 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. Provides that owners and operators of CCR surface impoundments at electric generating plants that are within 4,000 feet of Lake Michigan shall close the CCR surface impoundment by removal and off-site disposal, pursuant to specified provisions and requirements. In additional provisions, requires an owner or operator of an electric generating plant located within 4,000 feet of Lake Michigan that generates or has generated CCR that is not disposed of, treated, stored, or abandoned in a CCR surface impoundment to remove from the owner's or operator's site, for off-site disposal, all CCR generated by the facility that is not disposed of, treated, stored, or abandoned in a CCR surface impoundment and remediate all soil and groundwater impacted by the CCR, in accordance with specified requirements. Requires owners or operators to submit specified plans and reports to the Environmental Protection Agency. Provides that an owner or operator shall post with the Agency a performance bond or other security for the purpose of ensuring removal and remediation in accordance with the provisions. Provides that the Agency may enter into such contracts and agreements as it deems necessary to carry out the purposes of the provisions. Provides that neither the State, nor the Director of the Agency, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under the provisions. Contains other provisions. Contains a severability provision. Effective immediately.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB1578 Detail]

Download: Illinois-2023-SB1578-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1578 Introduced 2/8/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
415 ILCS 5/22.59
415 ILCS 5/22.59a new
Amends the Environmental Protection Act. Provides that owners and operators of CCR surface impoundments at electric generating plants that are within 4,000 feet of Lake Michigan shall close the CCR surface impoundment by removal and off-site disposal, pursuant to specified provisions and requirements. In additional provisions, requires an owner or operator of an electric generating plant located within 4,000 feet of Lake Michigan that generates or has generated CCR that is not disposed of, treated, stored, or abandoned in a CCR surface impoundment to remove from the owner's or operator's site, for off-site disposal, all CCR generated by the facility that is not disposed of, treated, stored, or abandoned in a CCR surface impoundment and remediate all soil and groundwater impacted by the CCR, in accordance with specified requirements. Requires owners or operators to submit specified plans and reports to the Environmental Protection Agency. Provides that an owner or operator shall post with the Agency a performance bond or other security for the purpose of ensuring removal and remediation in accordance with the provisions. Provides that the Agency may enter into such contracts and agreements as it deems necessary to carry out the purposes of the provisions. Provides that neither the State, nor the Director of the Agency, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under the provisions. Contains other provisions. Contains a severability provision. Effective immediately.
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A BILL FOR
SB1578 LRB103 05037 CPF 50051 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Section 22.59 and by adding Section 22.59a as
follows:
(415 ILCS 5/22.59)
Sec. 22.59. CCR surface impoundments.
(a) The General Assembly finds that:
(1) the State of Illinois has a long-standing policy
to restore, protect, and enhance the environment,
including the purity of the air, land, and waters,
including groundwaters, of this State;
(2) a clean environment is essential to the growth and
well-being of this State;
(3) CCR generated by the electric generating industry
has caused groundwater contamination and other forms of
pollution at active and inactive plants throughout this
State;
(4) environmental laws should be supplemented to
ensure consistent, responsible regulation of all existing
CCR surface impoundments; and
(5) meaningful participation of State residents,

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especially vulnerable populations who may be affected by
regulatory actions, is critical to ensure that
environmental justice considerations are incorporated in
the development of, decision-making related to, and
implementation of environmental laws and rulemaking that
protects and improves the well-being of communities in
this State that bear disproportionate burdens imposed by
environmental pollution; and .
(6) the State recognizes the critical need to
zealously guard and vigilantly protect the water quality
and public uses of public bodies of water throughout the
State, including Lake Michigan.
Therefore, the purpose of this Section is to promote a
healthful environment, including clean water, air, and land,
meaningful public involvement, and the responsible disposal
and storage of coal combustion residuals, so as to protect
public health and to prevent pollution of the environment of
this State.
The provisions of this Section shall be liberally
construed to carry out the purposes of this Section.
(b) No person shall:
(1) cause or allow the discharge of any contaminants
from a CCR surface impoundment into the environment so as
to cause, directly or indirectly, a violation of this
Section or any regulations or standards adopted by the
Board under this Section, either alone or in combination

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with contaminants from other sources;
(2) construct, install, modify, operate, or close any
CCR surface impoundment without a permit granted by the
Agency, or so as to violate any conditions imposed by such
permit, any provision of this Section or any regulations
or standards adopted by the Board under this Section;
(3) cause or allow, directly or indirectly, the
discharge, deposit, injection, dumping, spilling, leaking,
or placing of any CCR upon the land in a place and manner
so as to cause or tend to cause a violation of this Section
or any regulations or standards adopted by the Board under
this Section; or
(4) construct, install, modify, or close a CCR surface
impoundment in accordance with a permit issued under this
Act without certifying to the Agency that all contractors,
subcontractors, and installers utilized to construct,
install, modify, or close a CCR surface impoundment are
participants in:
(A) a training program that is approved by and
registered with the United States Department of
Labor's Employment and Training Administration and
that includes instruction in erosion control and
environmental remediation; and
(B) a training program that is approved by and
registered with the United States Department of
Labor's Employment and Training Administration and

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that includes instruction in the operation of heavy
equipment and excavation.
Nothing in this paragraph (4) shall be construed to
require providers of construction-related professional
services to participate in a training program approved by
and registered with the United States Department of
Labor's Employment and Training Administration.
In this paragraph (4), "construction-related
professional services" includes, but is not limited to,
those services within the scope of: (i) the practice of
architecture as regulated under the Illinois Architecture
Practice Act of 1989; (ii) professional engineering as
defined in Section 4 of the Professional Engineering
Practice Act of 1989; (iii) the practice of a structural
engineer as defined in Section 4 of the Structural
Engineering Practice Act of 1989; or (iv) land surveying
under the Illinois Professional Land Surveyor Act of 1989.
(c) (Blank).
(d) Before commencing closure of a CCR surface
impoundment, in accordance with Board rules, the owner of a
CCR surface impoundment must submit to the Agency for approval
a closure alternatives analysis that analyzes all closure
methods being considered and that otherwise satisfies all
closure requirements adopted by the Board under this Act.
Complete removal of CCR, as specified by the Board's rules,
from the CCR surface impoundment must be considered and

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analyzed. Section 3.405 does not apply to the Board's rules
specifying complete removal of CCR. The selected closure
method must ensure compliance with regulations adopted by the
Board pursuant to this Section.
(e) Owners or operators of CCR surface impoundments who
have submitted a closure plan to the Agency before May 1, 2019,
and who have completed closure prior to 24 months after July
30, 2019 (the effective date of Public Act 101-171) shall not
be required to obtain a construction permit for the surface
impoundment closure under this Section.
(f) Except for the State, its agencies and institutions, a
unit of local government, or a not-for-profit electric
cooperative as defined in Section 3.4 of the Electric Supplier
Act, any person who owns or operates a CCR surface impoundment
in this State shall post with the Agency a performance bond or
other security for the purpose of: (i) ensuring closure of the
CCR surface impoundment and post-closure care in accordance
with this Act and its rules; and (ii) ensuring remediation of
releases from the CCR surface impoundment. The only acceptable
forms of financial assurance are: a trust fund, a surety bond
guaranteeing payment, a surety bond guaranteeing performance,
or an irrevocable letter of credit.
(1) The cost estimate for the post-closure care of a
CCR surface impoundment shall be calculated using a
30-year post-closure care period or such longer period as
may be approved by the Agency under Board or federal

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rules.
(2) The Agency is authorized to enter into such
contracts and agreements as it may deem necessary to carry
out the purposes of this Section. Neither the State, nor
the Director, nor any State employee shall be liable for
any damages or injuries arising out of or resulting from
any action taken under this Section.
(3) The Agency shall have the authority to approve or
disapprove any performance bond or other security posted
under this subsection. Any person whose performance bond
or other security is disapproved by the Agency may contest
the disapproval as a permit denial appeal pursuant to
Section 40.
(g) The Board shall adopt rules establishing construction
permit requirements, operating permit requirements, design
standards, reporting, financial assurance, and closure and
post-closure care requirements for CCR surface impoundments.
Not later than 8 months after July 30, 2019 (the effective date
of Public Act 101-171) the Agency shall propose, and not later
than one year after receipt of the Agency's proposal the Board
shall adopt, rules under this Section. The Board shall not be
deemed in noncompliance with the rulemaking deadline due to
delays in adopting rules as a result of the Joint Committee
Commission on Administrative Rules oversight process. The
rules must, at a minimum:
(1) be at least as protective and comprehensive as the

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federal regulations or amendments thereto promulgated by
the Administrator of the United States Environmental
Protection Agency in Subpart D of 40 CFR 257 governing CCR
surface impoundments;
(2) specify the minimum contents of CCR surface
impoundment construction and operating permit
applications, including the closure alternatives analysis
required under subsection (d);
(3) specify which types of permits include
requirements for closure, post-closure, remediation and
all other requirements applicable to CCR surface
impoundments;
(4) specify when permit applications for existing CCR
surface impoundments must be submitted, taking into
consideration whether the CCR surface impoundment must
close under the RCRA;
(5) specify standards for review and approval by the
Agency of CCR surface impoundment permit applications;
(6) specify meaningful public participation procedures
for the issuance of CCR surface impoundment construction
and operating permits, including, but not limited to,
public notice of the submission of permit applications, an
opportunity for the submission of public comments, an
opportunity for a public hearing prior to permit issuance,
and a summary and response of the comments prepared by the
Agency;

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(7) prescribe the type and amount of the performance
bonds or other securities required under subsection (f),
and the conditions under which the State is entitled to
collect moneys from such performance bonds or other
securities;
(8) specify a procedure to identify areas of
environmental justice concern in relation to CCR surface
impoundments;
(9) specify a method to prioritize CCR surface
impoundments required to close under RCRA if not otherwise
specified by the United States Environmental Protection
Agency, so that the CCR surface impoundments with the
highest risk to public health and the environment, and
areas of environmental justice concern are given first
priority;
(10) define when complete removal of CCR is achieved
and specify the standards for responsible removal of CCR
from CCR surface impoundments, including, but not limited
to, dust controls and the protection of adjacent surface
water and groundwater; and
(11) describe the process and standards for
identifying a specific alternative source of groundwater
pollution when the owner or operator of the CCR surface
impoundment believes that groundwater contamination on the
site is not from the CCR surface impoundment.
(h) Any owner of a CCR surface impoundment that generates

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CCR and sells or otherwise provides coal combustion byproducts
pursuant to Section 3.135 shall, every 12 months, post on its
publicly available website a report specifying the volume or
weight of CCR, in cubic yards or tons, that it sold or provided
during the past 12 months.
(i) The owner of a CCR surface impoundment shall post all
closure plans, permit applications, and supporting
documentation, as well as any Agency approval of the plans or
applications, on its publicly available website.
(j) The owner or operator of a CCR surface impoundment
shall pay the following fees:
(1) An initial fee to the Agency within 6 months after
July 30, 2019 (the effective date of Public Act 101-171)
of:
$50,000 for each closed CCR surface impoundment;
and
$75,000 for each CCR surface impoundment that have
not completed closure.
(2) Annual fees to the Agency, beginning on July 1,
2020, of:
$25,000 for each CCR surface impoundment that has
not completed closure; and
$15,000 for each CCR surface impoundment that has
completed closure, but has not completed post-closure
care.
(k) All fees collected by the Agency under subsection (j)

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shall be deposited into the Environmental Protection Permit
and Inspection Fund.
(l) The Coal Combustion Residual Surface Impoundment
Financial Assurance Fund is created as a special fund in the
State treasury. Any moneys forfeited to the State of Illinois
from any performance bond or other security required under
this Section shall be placed in the Coal Combustion Residual
Surface Impoundment Financial Assurance Fund and shall, upon
approval by the Governor and the Director, be used by the
Agency for the purposes for which such performance bond or
other security was issued. The Coal Combustion Residual
Surface Impoundment Financial Assurance Fund is not subject to
the provisions of subsection (c) of Section 5 of the State
Finance Act.
(m) The provisions of this Section shall apply, without
limitation, to all existing CCR surface impoundments and any
CCR surface impoundments constructed after July 30, 2019 (the
effective date of Public Act 101-171), except to the extent
prohibited by the Illinois or United States Constitutions.
(n) This subsection only applies to an owner or operator
of a facility that (i) has at least one CCR surface impoundment
and (ii) is an electric generating plant located within 4,000
feet of Lake Michigan.
CCR in all CCR surface impoundments subject to this
subsection, including CCR surface impoundments for which an
adjusted standard has been sought pursuant to Section 28.1,

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shall be closed by removal and off-site disposal, pursuant to
this Section, applicable Illinois Pollution Control Board
regulations, and the following provisions:
(1) CCR surface impoundments under this subsection are
not subject to the closure alternative analysis
requirement under subsection (d).
(2) Notwithstanding any other requirements of this
Section or Board rules or regulations, applications for
closure construction subject to this subsection shall be
submitted to the Agency within one year after the
effective date of this amendatory Act of the 103rd General
Assembly. Application requirements and permit issuance
procedures shall follow those adopted by the Illinois
Pollution Control Board under this Section.
(3) If the owner or operator of any CCR surface
impoundment subject to this subsection has submitted a
construction permit application to the Agency to close a
subject CCR surface impoundment by any method other than
removal under Part 845 of Title 35 of the Illinois
Administrative Code, the owner or operator shall submit an
amended construction permit application that complies with
the requirements of this Section within one year after the
effective date of this amendatory Act of the 103rd General
Assembly.
(4) Any permit issued by the Agency allowing a CCR
surface impoundment subject to this subsection to close in

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place shall be declared void. The Agency shall not issue
any operating permit or construction permit allowing
closure in place to the owner or operator of any CCR
surface impoundment subject to this subsection.
(Source: P.A. 101-171, eff. 7-30-19; 102-16, eff. 6-17-21;
102-137, eff. 7-23-21; 102-309, eff. 8-6-21; 102-558, eff.
8-20-21; 102-662, eff. 9-15-21; 102-813, eff. 5-13-22; revised
8-24-22.)
(415 ILCS 5/22.59a new)
Sec. 22.59a. Great Lakes CCR protection.
(a) The General Assembly finds that:
(1) The State has a long-standing policy to restore,
protect, and enhance the environment and has a particular
interest in preserving the quality of Lake Michigan, which
serves as a drinking water source for millions of State
residents and provides irreplaceable recreational,
ecological, and economic value to Illinois.
(2) CCR generated by the electric generating industry
has contaminated, and continues to contaminate, Lake
Michigan, and CCR placed in unlined deposits, including
deposits outside of CCR surface impoundments as well as in
CCR surface impoundments, continues to threaten the
quality of Lake Michigan's water.
(3) The purpose of this Section is to protect Lake
Michigan against further contamination from CCR.

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(b) This Section only applies to an owner or operator of a
facility that (i) generates or has generated CCR that is not
disposed of, treated, stored, or abandoned in a CCR surface
impoundment and (ii) is an electric generating plant located
within 4,000 feet of Lake Michigan.
(c) An owner or operator of a facility that is subject to
this Section shall remove from the owner's or operator's site,
for off-site disposal, all CCR generated by the facility that
is not disposed of, treated, stored, or abandoned in a CCR
surface impoundment, and remediate all soil and groundwater
impacted by that CCR, in accordance with the following:
(1) Within one year after the effective date of this
amendatory Act of the 103rd General Assembly, the owner or
operator shall conduct a site investigation and submit to
the Agency a site investigation report that identifies the
full extent of CCR at the site. The investigation and
report shall also identify the full extent of soil and
groundwater that, as a result of the CCR, exceeds the most
stringent remediation objectives adopted under Title XVII
of this Act.
(A) Within 5 days after submitting the report to
the Agency, the owner or operator shall post public
notice of the report's submission (i) on the owner or
operator's website, along with a copy of the report
for public viewing, and (ii) in a newspaper of general
distribution in the municipality where the applicable

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electric generating plant is located. The notice shall
be provided in English and Spanish and shall inform
the public of their right to submit comments on the
report to the Agency within 30 days after the date the
notice is published in the newspaper. The owner or
operator shall also maintain a copy of the report in a
public repository in the municipality where the
applicable electric generating plant is located for
public viewing, which shall be identified in the
public notice.
(B) Within 90 days after receipt of the site
investigation report, the Agency shall determine
whether the investigation and report comply with this
paragraph (1). In making its determination, the Agency
shall consider all public comments submitted within 30
days after the date of the newspaper notice required
under subparagraph (A).
(C) If the Agency determines the investigation and
report comply with this paragraph (1), it shall notify
the owner or operator in writing of its determination.
The owner or operator shall then submit a CCR removal
and remediation plan in accordance with paragraph (2).
(D) If the Agency determines the investigation or
report does not comply with this paragraph (1), it
shall notify the owner or operator in writing of its
determination and the reasons for the determination.

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The owner or operator shall then have 6 months to (i)
perform additional investigation or correct any
deficiencies and (ii) submit an amended site
investigation report to the Agency, which shall be
subject to the submission and review procedures set
forth in this paragraph (1).
(2) Within 6 months after the Agency's approval of the
site investigation report, the owner or operator shall
submit to the Agency a CCR removal and remediation plan
that will achieve the removal of all CCR at the site and
the remediation of all soil and groundwater that, as a
result of the CCR, exceeds the most stringent remediation
objectives adopted under Title XVII of this Act. The plan
shall include a schedule for completion of its major
milestones, along with the following:
(A) An analysis of the modes for transporting the
removed CCR off-site, including by rail, barge,
low-polluting trucks, or a combination of these
transportation modes.
(B) Removal of CCR consistent with 35 Ill. Adm.
Code 845.740 and 845.760.
(C) Within 5 days after submitting the plan to the
Agency, the owner or operator shall post public notice
of the plan's submission (i) on the owner or
operator's website, along with a copy of the plan for
public viewing, and (ii) in a newspaper of general

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distribution in the municipality where the applicable
electric generating plant is located. The notice shall
be provided in English and Spanish and shall inform
the public of their right to submit comments on the
plan to the Agency within 30 days after the date the
notice is published in the newspaper. The owner or
operator shall also maintain a copy of the report in a
public repository in the municipality where the
applicable electric generating plant is located for
public viewing, which shall be identified in the
public notice.
(D) Within 90 days after receipt of the plan, the
Agency shall determine whether the plan complies with
this paragraph (2). In making its determination, the
Agency shall consider all public comments submitted
within 30 days after the date of the newspaper notice
required under subparagraph (C).
(E) If the Agency determines the plan, with or
without Agency modifications, complies with this
paragraph (2), it shall notify the owner or operator
in writing of its determination. The owner or operator
shall then proceed with implementation of the plan,
including any modifications by the Agency, and
submission of a removal and remediation report in
accordance with paragraph (3).
(F) If the Agency determines the investigation or

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report does not comply with this paragraph (2), it
shall notify the owner or operator in writing of its
determination and the reasons for the determination.
The owner or operator shall then have 60 days to submit
an amended plan to the Agency, which shall be subject
to the submission and review procedures set forth in
subparagraphs (C) and (D).
(3) In accordance with a schedule approved by the
Agency, the owner or operator shall implement the
remediation plan and provide the Agency with updates on
the plan's implementation. Upon completion of the plan,
the owner or operator shall submit a completion report to
the Agency.
(A) Within 5 days after submitting an update or
the completion report to the Agency on plan
implementation, the owner or operator shall post
public notice of the report's submission (i) on the
owner or operator's website, along with a copy of the
report for public viewing, and (ii) in a newspaper of
general distribution in the municipality where the
applicable electric generating plant is located. The
notice shall be provided in English and Spanish and
shall inform the public of their right to submit
comments on the report to the Agency within 30 days
after the date the notice is published in the
newspaper. The owner or operator shall also maintain a

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copy of the report in a public repository in the
municipality where the applicable electric generating
plant is located for public viewing, which shall be
identified in the public notice.
(B) Within 90 days after receipt of the completion
report, the Agency shall determine whether the removal
and remediation has resulted in (i) the removal of all
CCR at the site and (ii) the remediation of all soil
and groundwater that, as a result of the CCR, exceeds
the most stringent remediation objectives adopted
under Title XVII of this Act. In making its
determination, the Agency shall consider all public
comments submitted within 30 days after the date of
the newspaper notice required under subparagraph (A).
(C) If the Agency determines that the required
removal and remediation is complete, it shall notify
the owner or operator in writing of its determination.
(D) If the Agency determines that the required
removal and remediation is not complete, it shall
notify the owner or operator in writing of its
determination and the reasons for the determination.
The owner or operator shall then continue removal or
remediation, and submit reports to the Agency, in
accordance with a schedule established by the Agency.
Reports shall be subject to the submission and review
procedures set forth in subparagraphs (A) and (B). If

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necessary, the owner or operator may amend the plan
and submit it for review and approval in accordance
with paragraph (2).
(d) Except for the State, its agencies and institutions, a
unit of local government, or a not-for-profit electric
cooperative as defined in Section 3.4 of the Electric Supplier
Act, an owner or operator shall post with the Agency a
performance bond or other security for the purpose of ensuring
removal and remediation in accordance with this Section. The
only acceptable forms of financial assurance are the forms of
financial assurance that are acceptable for CCR surface
impoundments under Section 22.59.
(e) The Agency may enter into such contracts and
agreements as it deems necessary to carry out the purposes of
this Section. Neither the State, nor the Director of the
Agency, nor any State employee shall be liable for any damages
or injuries arising out of or resulting from any action taken
under this Section.
(f) The Agency may approve or disapprove any performance
bond or other security posted under this Section. Any person
whose performance bond or other security is disapproved by the
Agency may contest the disapproval as a permit denial appeal
pursuant to Section 40.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.

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Section 99. Effective date. This Act takes effect upon
becoming law.