Bill Amendment: IL HB3342 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DFPR-CRIMINAL HISTORY
Status: 2018-06-04 - Public Act . . . . . . . . . 100-0587 [HB3342 Detail]
Download: Illinois-2017-HB3342-Senate_Amendment_002.html
Bill Title: DFPR-CRIMINAL HISTORY
Status: 2018-06-04 - Public Act . . . . . . . . . 100-0587 [HB3342 Detail]
Download: Illinois-2017-HB3342-Senate_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 3342
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2 | AMENDMENT NO. ______. Amend House Bill 3342 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Sections 21.1, 22.51, 22.51a, 30, 31, 31.1, 39, and 42 | ||||||
6 | and by adding Section 58.19 as follows:
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7 | (415 ILCS 5/21.1) (from Ch. 111 1/2, par. 1021.1)
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8 | Sec. 21.1.
(a) Except as provided in subsection (a.5), no | ||||||
9 | person other
than the State of Illinois, its agencies and | ||||||
10 | institutions, or a unit of local
government shall own or | ||||||
11 | operate a MSWLF unit or other waste disposal operation on or | ||||||
12 | after March 1,
1985, which requires a permit under subsection | ||||||
13 | (d) of Section 21 of this Act,
unless such person has posted | ||||||
14 | with the Agency a performance bond or other
security for the | ||||||
15 | purpose of insuring closure of the site and post-closure care
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16 | in accordance with this Act and regulations adopted thereunder.
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1 | (a.5) On and after the effective date established by the | ||||||
2 | United
States Environmental Protection Agency for MSWLF units | ||||||
3 | to provide financial
assurance under Subtitle D of the Resource | ||||||
4 | Conservation and Recovery Act, no
person, other than
the State | ||||||
5 | of
Illinois, its agencies and institutions, shall own or | ||||||
6 | operate a MSWLF unit that requires a permit under subsection | ||||||
7 | (d) of Section 21 of
this Act, unless that person has posted | ||||||
8 | with the Agency a performance bond or
other security for the | ||||||
9 | purposes of:
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10 | (1) insuring closure of the site and post-closure care | ||||||
11 | in accordance with
this Act and its rules; and
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12 | (2) insuring completion of a corrective action remedy | ||||||
13 | when required by
Board rules adopted under Section 22.40 of | ||||||
14 | this Act or when required by
Section 22.41 of this Act.
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15 | The performance bond or other security requirement set | ||||||
16 | forth in this
Section
may be fulfilled by closure or | ||||||
17 | post-closure insurance, or both, issued by an
insurer
licensed | ||||||
18 | to transact the business of insurance by the Department of | ||||||
19 | Insurance
or at a minimum the insurer must be licensed to | ||||||
20 | transact the business of
insurance or approved to provide | ||||||
21 | insurance as an excess or surplus lines
insurer by the | ||||||
22 | insurance department in one or more states.
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23 | (b) On or before January 1, 1985, the Board shall adopt | ||||||
24 | regulations to
promote the purposes of this Section. Without | ||||||
25 | limiting the generality of
this authority, such regulations | ||||||
26 | may, among other things, prescribe the
type and amount of the |
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1 | performance bonds or other securities required under
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2 | subsections (a) and (a.5) of this Section, and the conditions | ||||||
3 | under which the
State is entitled to collect monies from such | ||||||
4 | performance bonds or other
securities. The bond amount shall be | ||||||
5 | directly related to the design and volume
of the site. The cost | ||||||
6 | estimate for the post-closure care of a MSWLF unit shall
be | ||||||
7 | calculated using a 30 year post-closure care period or such | ||||||
8 | other period as
may be approved by the Agency under Board or | ||||||
9 | federal rules. On and after the
effective date established by | ||||||
10 | the United States Environmental Protection Agency
for MSWLF | ||||||
11 | units to provide financial assurance under Subtitle D of the | ||||||
12 | Resource
Conservation and Recovery Act, closure,
post-closure | ||||||
13 | care, and corrective action cost estimates for MSWLF units | ||||||
14 | shall
be in current dollars.
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15 | (c) There is hereby created within the State Treasury a | ||||||
16 | special fund to
be known as the "Landfill Closure and | ||||||
17 | Post-Closure Fund". Any monies forfeited
to the State of | ||||||
18 | Illinois from any performance bond or other security required
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19 | under this Section or under Section 22.51 shall be placed in | ||||||
20 | the "Landfill Closure and Post-Closure
Fund" and shall, upon | ||||||
21 | approval by the Governor and the Director, be used
by and under | ||||||
22 | the direction of the Agency for the purposes for which such
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23 | performance bond or other security was issued. The Landfill | ||||||
24 | Closure and
Post-Closure Fund is not subject to the provisions | ||||||
25 | of subsection (c) of Section
5 of the State Finance Act.
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26 | (d) The Agency is authorized to enter into such contracts |
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1 | and agreements
as it may deem necessary to carry out the | ||||||
2 | purposes of this Section. Neither
the State, nor the Director, | ||||||
3 | nor any State employee shall be liable for
any damages or | ||||||
4 | injuries arising out of or resulting from any action taken
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5 | under this Section.
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6 | (e) The Agency shall have the authority to approve or | ||||||
7 | disapprove any
performance bond or other security posted | ||||||
8 | pursuant to subsection (a) or
(a.5) of
this Section. Any person | ||||||
9 | whose performance bond or other security is
disapproved by the | ||||||
10 | Agency may contest the disapproval as a permit denial
appeal | ||||||
11 | pursuant to Section 40 of this Act.
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12 | (f) The Agency may establish such procedures as it may deem | ||||||
13 | necessary
for the purpose of implementing and executing its | ||||||
14 | responsibilities under this
Section.
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15 | (g) Nothing in this Section shall bar a cause of action by | ||||||
16 | the State for
any other penalty or relief provided by this Act | ||||||
17 | or any other law.
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18 | (Source: P.A. 97-887, eff. 8-2-12.)
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19 | (415 ILCS 5/22.51)
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20 | Sec. 22.51. Clean Construction or Demolition Debris Fill | ||||||
21 | Operations. | ||||||
22 | (a) As used in this Section: | ||||||
23 | "Clean construction or demolition debris" has the | ||||||
24 | meaning provided in Section 3.160 of this Act. | ||||||
25 | "Clean construction or demolition debris fill |
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1 | operation" means a current or former quarry, mine, or other | ||||||
2 | excavation where clean construction or demolition debris | ||||||
3 | is used as fill material. | ||||||
4 | "Operator" means a person responsible for the | ||||||
5 | operation and maintenance of a clean construction or | ||||||
6 | demolition debris fill operation. | ||||||
7 | "Owner" means a person who has any direct or indirect | ||||||
8 | interest in a clean construction or demolition debris fill | ||||||
9 | operation or in land on which a person operates and | ||||||
10 | maintains a clean construction or demolition debris fill | ||||||
11 | operation. A "direct or indirect interest" does not include | ||||||
12 | the ownership of publicly traded stock. The "owner" is the | ||||||
13 | "operator" if there is no other person who is operating and | ||||||
14 | maintaining a clean construction or demolition debris fill | ||||||
15 | operation. | ||||||
16 | "Uncontaminated soil" has the meaning provided in | ||||||
17 | Section 3.160 of this Act. | ||||||
18 | (a-5) No person shall : | ||||||
19 | (1) conduct any clean construction or demolition | ||||||
20 | debris fill operation in violation of this Act or any | ||||||
21 | regulations or standards adopted by the Board ; | ||||||
22 | (2) use soil other than uncontaminated soil as fill | ||||||
23 | material at a clean construction or demolition debris fill | ||||||
24 | operation; | ||||||
25 | (3) use construction or demolition debris other than | ||||||
26 | clean construction or demolition debris as fill material at |
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1 | a clean construction or demolition debris fill operation; | ||||||
2 | or | ||||||
3 | (4) locate any clean construction or demolition debris | ||||||
4 | fill operation within the setback zone of a potable water | ||||||
5 | supply well . | ||||||
6 | (b) (Blank). (1)(A) Beginning August 18, 2005 but prior to | ||||||
7 | July 1, 2008, no person shall use clean construction or | ||||||
8 | demolition debris as fill material in a current or former | ||||||
9 | quarry, mine, or other excavation, unless they have applied for | ||||||
10 | an interim authorization from the Agency for the clean | ||||||
11 | construction or demolition debris fill operation. | ||||||
12 | (B) The Agency shall approve an interim authorization upon | ||||||
13 | its receipt of a written application for the interim | ||||||
14 | authorization that is signed by the site owner and the site | ||||||
15 | operator, or their duly authorized agent, and that contains the | ||||||
16 | following information: (i) the location of the site where the | ||||||
17 | clean construction or demolition debris fill operation is | ||||||
18 | taking place, (ii) the name and address of the site owner, | ||||||
19 | (iii) the name and address of the site operator, and (iv) the | ||||||
20 | types and amounts of clean construction or demolition debris | ||||||
21 | being used as fill material at the site. | ||||||
22 | (C) The Agency may deny an interim authorization if the | ||||||
23 | site owner or the site operator, or their duly authorized | ||||||
24 | agent, fails to provide to the Agency the information listed in | ||||||
25 | subsection (b)(1)(B) of
this Section. Any denial of an interim | ||||||
26 | authorization shall be subject to appeal to the Board in |
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1 | accordance with the procedures of Section 40 of this Act. | ||||||
2 | (D) No person shall use clean construction or demolition | ||||||
3 | debris as fill material in a current or former quarry, mine, or | ||||||
4 | other excavation for which the Agency has denied interim | ||||||
5 | authorization under subsection (b)(1)(C) of this Section. The | ||||||
6 | Board may stay the prohibition of this subsection (D) during | ||||||
7 | the pendency of an appeal of the Agency's denial of the interim | ||||||
8 | authorization brought under subsection (b)(1)(C) of this | ||||||
9 | Section. | ||||||
10 | (2) Beginning September 1, 2006, owners and
operators of | ||||||
11 | clean construction or demolition debris fill operations shall, | ||||||
12 | in accordance with a schedule prescribed by the Agency, submit | ||||||
13 | to the Agency applications for the
permits required under this | ||||||
14 | Section. The Agency shall notify owners and operators in | ||||||
15 | writing of the due date for their permit application. The due | ||||||
16 | date shall be no less than 90 days after the date of the | ||||||
17 | Agency's written notification. Owners and operators who do not | ||||||
18 | receive a written notification from the Agency by October 1, | ||||||
19 | 2007, shall submit a permit application to the Agency by | ||||||
20 | January 1, 2008. The interim authorization of owners and | ||||||
21 | operators who fail to submit a permit application to the Agency | ||||||
22 | by the permit application's due date shall terminate on (i) the | ||||||
23 | due
date established by the Agency if the owner or operator | ||||||
24 | received a written notification from the Agency prior to
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25 | October 1, 2007, or (ii) or January 1, 2008, if the owner or | ||||||
26 | operator did not receive a written notification from the Agency |
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1 | by October 1, 2007. | ||||||
2 | (b-5) No (3) On and after July 1, 2008, no person shall use | ||||||
3 | clean construction or demolition debris as fill material in a | ||||||
4 | current or former quarry, mine, or other excavation (i) without | ||||||
5 | a permit granted by the Agency for the clean construction or | ||||||
6 | demolition debris fill operation or in violation of any | ||||||
7 | conditions imposed by such permit, including periodic reports | ||||||
8 | and full access to adequate records and the inspection of | ||||||
9 | facilities, as may be necessary to assure compliance with this | ||||||
10 | Act and with Board regulations and standards adopted under this | ||||||
11 | Act or (ii) in violation of any regulations or standards | ||||||
12 | adopted by the Board under this Act. | ||||||
13 | (4) This subsection (b) does not apply to: | ||||||
14 | (A) the use of clean construction or demolition debris | ||||||
15 | as fill material in a current or former quarry, mine, or | ||||||
16 | other excavation located on the site where the clean | ||||||
17 | construction or demolition debris was generated; | ||||||
18 | (B) the use of clean construction or demolition debris | ||||||
19 | as fill material in an excavation other than a current or | ||||||
20 | former quarry or mine if this use complies with Illinois | ||||||
21 | Department of Transportation specifications; or
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22 | (C) current or former quarries, mines, and other | ||||||
23 | excavations that do not use clean construction or | ||||||
24 | demolition debris as fill material.
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25 | (c) In accordance with Title VII of this Act, the Board may | ||||||
26 | adopt regulations to promote the purposes of this Section. The |
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1 | Agency shall consult with the mining and construction | ||||||
2 | industries during the development of any regulations to promote | ||||||
3 | the purposes of this Section. | ||||||
4 | (c-5) (1) No later than December 15, 2005, the Agency shall | ||||||
5 | propose to the Board, and no later than September 1, 2006, the | ||||||
6 | Board shall adopt, regulations for the use of clean | ||||||
7 | construction or demolition debris as fill material in current | ||||||
8 | and former quarries, mines, and other excavations. Such | ||||||
9 | regulations shall include, but shall not be limited to, | ||||||
10 | standards for clean construction or demolition debris fill | ||||||
11 | operations and the submission and review of permits required | ||||||
12 | under this Section. | ||||||
13 | (2) Until the Board adopts rules under subsection | ||||||
14 | (c)(1) of this Section, all persons using clean | ||||||
15 | construction or
demolition debris as fill material in a | ||||||
16 | current or former quarry, mine, or other excavation shall: | ||||||
17 | (A) Assure that only clean construction or | ||||||
18 | demolition debris is being used as fill material by | ||||||
19 | screening each truckload of material received using a | ||||||
20 | device approved by the Agency that detects volatile | ||||||
21 | organic compounds. Such devices may include, but are | ||||||
22 | not limited to, photo ionization detectors. All | ||||||
23 | screening devices shall be operated and maintained in | ||||||
24 | accordance with manufacturer's specifications. | ||||||
25 | Unacceptable fill material shall be rejected from the | ||||||
26 | site; and |
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1 | (B) Retain for a minimum of 3 years the following | ||||||
2 | information: | ||||||
3 | (i) The name of the hauler, the name of the | ||||||
4 | generator, and place of origin of the debris or | ||||||
5 | soil; | ||||||
6 | (ii) The approximate weight or volume of the | ||||||
7 | debris or soil; and | ||||||
8 | (iii) The date the debris or soil was received. | ||||||
9 | (d) This Section applies only to clean construction or | ||||||
10 | demolition debris that is not considered "waste" as provided in | ||||||
11 | Section 3.160 of this Act. | ||||||
12 | (e) (Blank). For purposes of this Section: | ||||||
13 | (1) The term "operator" means a person responsible for | ||||||
14 | the operation and maintenance of a clean construction or | ||||||
15 | demolition debris fill operation. | ||||||
16 | (2) The term "owner" means a person who has any direct | ||||||
17 | or indirect interest in a clean construction or demolition | ||||||
18 | debris fill operation or in land on which a person operates | ||||||
19 | and maintains a clean construction or demolition debris | ||||||
20 | fill operation. A "direct or indirect interest" does not | ||||||
21 | include the ownership of publicly traded stock. The "owner" | ||||||
22 | is the "operator" if there is no other person who is | ||||||
23 | operating and maintaining a clean construction or | ||||||
24 | demolition debris fill operation.
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25 | (3) The term "clean construction or demolition debris | ||||||
26 | fill operation" means a current or former quarry, mine, or |
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1 | other excavation where clean construction or demolition | ||||||
2 | debris is used as fill material. | ||||||
3 | (4) The term "uncontaminated soil" shall have the same | ||||||
4 | meaning as uncontaminated soil under Section 3.160 of this | ||||||
5 | Act. | ||||||
6 | (f) (1) No later than one year after July 30, 2010 ( the | ||||||
7 | effective date of Public Act 96-1416) this amendatory Act of | ||||||
8 | the 96th General Assembly , the Agency shall propose to the | ||||||
9 | Board, and, no later than one year after the Board's receipt of | ||||||
10 | the Agency's proposal, the Board shall adopt, rules for the use | ||||||
11 | of clean construction or demolition debris and uncontaminated | ||||||
12 | soil as fill material at clean construction or demolition | ||||||
13 | debris fill operations. The rules must include standards and | ||||||
14 | procedures necessary to protect groundwater, which may | ||||||
15 | include, but shall not be limited to, the following: | ||||||
16 | requirements regarding testing and certification of soil used | ||||||
17 | as fill material, surface water runoff, liners or other | ||||||
18 | protective barriers, monitoring (including, but not limited | ||||||
19 | to, groundwater monitoring), corrective action, recordkeeping, | ||||||
20 | reporting, closure and post-closure care, financial assurance, | ||||||
21 | post-closure land use controls, location standards, and the | ||||||
22 | modification of existing permits to conform to the requirements | ||||||
23 | of this Act and Board rules. The rules may also include limits | ||||||
24 | on the use of recyclable concrete and asphalt as fill material | ||||||
25 | at clean construction or demolition debris fill operations, | ||||||
26 | taking into account factors such as technical feasibility, |
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1 | economic reasonableness, and the availability of markets for | ||||||
2 | such materials. | ||||||
3 | (2) (Blank). Until the effective date of the Board rules | ||||||
4 | adopted under subdivision (f)(1) of this Section, and in | ||||||
5 | addition to any other requirements, owners and operators of | ||||||
6 | clean construction or demolition debris fill operations must do | ||||||
7 | all of the following in subdivisions (f)(2)(A) through | ||||||
8 | (f)(2)(D) of this Section for all clean construction or | ||||||
9 | demolition debris and uncontaminated soil accepted for use as | ||||||
10 | fill material. The requirements in subdivisions (f)(2)(A) | ||||||
11 | through (f)(2)(D) of this Section shall not limit any rules | ||||||
12 | adopted by the Board. | ||||||
13 | (A) Document the following information for each load of | ||||||
14 | clean construction or demolition debris or uncontaminated | ||||||
15 | soil received: (i) the name of the hauler, the address of | ||||||
16 | the site of origin, and the owner and the operator of the | ||||||
17 | site of origin of the clean construction or demolition | ||||||
18 | debris or uncontaminated soil, (ii) the weight or volume of | ||||||
19 | the clean construction or demolition debris or | ||||||
20 | uncontaminated soil, and (iii) the date the clean | ||||||
21 | construction or demolition debris or uncontaminated soil | ||||||
22 | was received. | ||||||
23 | (B) For all soil, obtain either (i) a certification | ||||||
24 | from the owner or operator of the site from which the soil | ||||||
25 | was removed that the site has never been used for | ||||||
26 | commercial or industrial purposes and is presumed to be |
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1 | uncontaminated soil or (ii) a certification from a licensed | ||||||
2 | Professional Engineer or licensed Professional Geologist | ||||||
3 | that the soil is uncontaminated soil. Certifications | ||||||
4 | required under this subdivision (f)(2)(B) must be on forms | ||||||
5 | and in a format prescribed by the Agency. | ||||||
6 | (C) Confirm that the clean construction or demolition | ||||||
7 | debris or uncontaminated soil was not removed from a site | ||||||
8 | as part of a cleanup or removal of contaminants, including, | ||||||
9 | but not limited to, activities conducted under the | ||||||
10 | Comprehensive Environmental Response, Compensation, and | ||||||
11 | Liability Act of 1980, as amended; as part of a Closure or | ||||||
12 | Corrective Action under the Resource Conservation and | ||||||
13 | Recovery Act, as amended; or under an Agency remediation | ||||||
14 | program, such as the Leaking Underground Storage Tank | ||||||
15 | Program or Site Remediation Program, but excluding sites | ||||||
16 | subject to Section 58.16 of this Act where there is no | ||||||
17 | presence or likely presence of a release or a substantial | ||||||
18 | threat of a release of a regulated substance at, on, or | ||||||
19 | from the real property. | ||||||
20 | (D) Document all activities required under subdivision | ||||||
21 | (f)(2) of this Section. Documentation of any chemical | ||||||
22 | analysis must include, but is not limited to, (i) a copy of | ||||||
23 | the lab analysis, (ii) accreditation status of the | ||||||
24 | laboratory performing the analysis, and (iii) | ||||||
25 | certification by an authorized agent of the laboratory that | ||||||
26 | the analysis has been performed in accordance with the |
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1 | Agency's rules for the accreditation of environmental | ||||||
2 | laboratories and the scope of accreditation. | ||||||
3 | (3) (Blank). Owners and operators of clean construction or | ||||||
4 | demolition debris fill operations must maintain all | ||||||
5 | documentation required under subdivision (f)(2) of this | ||||||
6 | Section for a minimum of 3 years following the receipt of each | ||||||
7 | load of clean construction or demolition debris or | ||||||
8 | uncontaminated soil, except that documentation relating to an | ||||||
9 | appeal, litigation, or other disputed claim must be maintained | ||||||
10 | until at least 3 years after the date of the final disposition | ||||||
11 | of the appeal, litigation, or other disputed claim. Copies of | ||||||
12 | the documentation must be made available to the Agency and to | ||||||
13 | units of local government for inspection and copying during | ||||||
14 | normal business hours. The Agency may prescribe forms and | ||||||
15 | formats for the documentation required under subdivision | ||||||
16 | (f)(2) of this Section. | ||||||
17 | Chemical analysis conducted under subdivision (f)(2) of | ||||||
18 | this Section must be conducted in accordance with the | ||||||
19 | requirements of 35 Ill. Adm. Code 742, as amended, and "Test | ||||||
20 | Methods for Evaluating Solid Waste, Physical/Chemical | ||||||
21 | Methods", USEPA Publication No. SW-846, as amended. | ||||||
22 | (g) (Blank). (1) No person shall use soil other than | ||||||
23 | uncontaminated soil as fill material at a clean construction or | ||||||
24 | demolition debris fill operation. | ||||||
25 | (2) No person shall use construction or demolition debris | ||||||
26 | other than clean construction or demolition debris as fill |
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1 | material at a clean construction or demolition debris fill | ||||||
2 | operation.
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3 | (h) No later than January 1, 2019, the Agency shall propose | ||||||
4 | to the Board for adoption, and, no later than one year after | ||||||
5 | receipt of the Agency's proposal, the Board shall adopt rules | ||||||
6 | to protect public health and the environment from any threats | ||||||
7 | posed by clean construction or demolition debris fill | ||||||
8 | operations. The rules adopted under this subsection shall | ||||||
9 | include, but not be limited to, rules that establish enhanced | ||||||
10 | pre-acceptance and post-acceptance sampling protocols for | ||||||
11 | clean construction and demolition debris fill operations, as | ||||||
12 | described in paragraphs (1) and (2) of this subsection, and | ||||||
13 | rules that allow owners and operators to transfer a portion of | ||||||
14 | a permitted clean construction or demolition debris fill | ||||||
15 | operation site to another person before termination of the | ||||||
16 | permit, as described in paragraph (3) of this subsection. The | ||||||
17 | Agency shall also propose to the Board for adoption rules that | ||||||
18 | establish the monitoring of NPDES permitted discharges from | ||||||
19 | clean construction or demolition debris sites as described in | ||||||
20 | paragraph (4) of this subsection. | ||||||
21 | (1) The pre-acceptance sampling protocols adopted by | ||||||
22 | the Board under this subsection shall include, but not be | ||||||
23 | limited to, provisions requiring the owner or operator to | ||||||
24 | obtain, for all soil accepted for use as fill at the clean | ||||||
25 | construction or demolition debris fill operation, a | ||||||
26 | certification from a professional engineer licensed under |
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1 | the Professional Engineering Practice Act of 1989 or a | ||||||
2 | licensed professional geologist licensed under the | ||||||
3 | Professional Geologist Licensing Act that the soil is | ||||||
4 | uncontaminated soil. The certification required under this | ||||||
5 | subsection must be based on analytical testing of at least | ||||||
6 | one representative soil sample for each volume of soil that | ||||||
7 | the Board determines must be sampled in order to | ||||||
8 | characterize the soil being accepted for use as fill. The | ||||||
9 | Board may provide exemptions from pre-acceptance sampling | ||||||
10 | protocols required under this subsection for small volumes | ||||||
11 | of soil generated at a site upon which a residence is | ||||||
12 | located, provided that there is no historical or current | ||||||
13 | use of the site, or potential contaminant migration from a | ||||||
14 | proximate site, that increases the presence or potential | ||||||
15 | presence of contamination at the site. | ||||||
16 | (2) The post-acceptance sampling protocols adopted by | ||||||
17 | the Board under this subsection shall include, but not be | ||||||
18 | limited to, provisions requiring the owner or operator to | ||||||
19 | perform, for all soil accepted for use as fill, | ||||||
20 | post-acceptance sampling in accordance with a plan | ||||||
21 | approved by the Agency. At a minimum, the Agency-approved | ||||||
22 | plan required under this subsection must provide for the | ||||||
23 | analytical testing of at least one representative soil | ||||||
24 | sample for each volume of soil that the Board determines | ||||||
25 | must be sampled to characterize the soil being accepted for | ||||||
26 | use as fill. If the analytical testing indicates that any |
| |||||||
| |||||||
1 | of the soil accepted for use as fill is not uncontaminated | ||||||
2 | soil, the owner or operator shall conduct additional | ||||||
3 | investigation and identify, remove, and properly dispose | ||||||
4 | of all soil that is not uncontaminated soil. | ||||||
5 | (3) The rules adopted by the Board under this | ||||||
6 | subsection shall allow owners and operators to transfer a | ||||||
7 | portion of a permitted clean construction or demolition | ||||||
8 | debris fill operation site to another person before | ||||||
9 | termination of the permit, and to have the transferred | ||||||
10 | portion of the site removed from the permit prior to | ||||||
11 | completion of closure and post-closure maintenance, | ||||||
12 | provided that all of the following requirements have been | ||||||
13 | satisfied: | ||||||
14 | (A) The owner or operator files with the Agency: | ||||||
15 | (i) an application to modify the fill | ||||||
16 | operation permit to recognize a change in | ||||||
17 | ownership of the transferred property before | ||||||
18 | completion of closure and post-closure | ||||||
19 | maintenance; | ||||||
20 | (ii) documentation identifying the portion of | ||||||
21 | the site being transferred; and | ||||||
22 | (iii) a copy of the transferee's plans for the | ||||||
23 | portion of the site being transferred that | ||||||
24 | document how the site will be developed, | ||||||
25 | including, but not limited to, plans demonstrating | ||||||
26 | how the closure and post-closure requirements set |
| |||||||
| |||||||
1 | forth in Board rules will be satisfied. | ||||||
2 | (B) The owner or operator provides the persons to | ||||||
3 | whom the portion of the site will be transferred the | ||||||
4 | results of site assessments conducted in accordance | ||||||
5 | with Board rules. | ||||||
6 | (C) The portion of the site being transferred is | ||||||
7 | filled to within at least 3 feet of the final fill | ||||||
8 | elevation that would otherwise be required under the | ||||||
9 | closure and post-closure maintenance requirements in | ||||||
10 | the permit. | ||||||
11 | (D) If a portion of the site is to be sold, | ||||||
12 | transferred, quitclaimed, or given to any municipal or | ||||||
13 | government body, Phase I and II Environmental Site | ||||||
14 | Assessments must be conducted by the parties at the | ||||||
15 | expense of the site's owner. | ||||||
16 | (E) The owner or operator posts with the Agency a | ||||||
17 | performance bond for purposes of closure and | ||||||
18 | post-closure maintenance of the portion of the site | ||||||
19 | being transferred. The bond shall be directly related | ||||||
20 | to the estimate of the costs for the Agency to | ||||||
21 | remediate the transferred portion of the site to a | ||||||
22 | condition consistent with the closure and post-closure | ||||||
23 | maintenance requirements applicable to the site. The | ||||||
24 | bond required under this subparagraph shall not affect | ||||||
25 | in any way any obligation or liability of any person | ||||||
26 | under this Act or any other State or federal law. |
| |||||||
| |||||||
1 | (4) The Agency shall propose and the board shall adopt | ||||||
2 | rules to require the testing of discharges conducted under | ||||||
3 | NPDES permits, should a clean construction or demolition | ||||||
4 | debris site have an NPDES permit. These rules shall be | ||||||
5 | constructed to alter site operators and the agency of | ||||||
6 | potential contamination of any body of water, including, | ||||||
7 | but not limited to groundwater. | ||||||
8 | The rules adopted under this subsection shall provide that | ||||||
9 | the person to whom a portion of a permitted clean construction | ||||||
10 | or demolition debris fill operation site is transferred must | ||||||
11 | complete closure and post-closure maintenance for the | ||||||
12 | transferred portion of the site in accordance with Board rules. | ||||||
13 | The rules adopted under this subsection shall also specify | ||||||
14 | the conditions under which the State is entitled to collect | ||||||
15 | moneys from the performance bond required under subparagraph | ||||||
16 | (E) of paragraph (3) of this subsection. Any money forfeited to | ||||||
17 | the State of Illinois from any performance bond required under | ||||||
18 | this subsection shall be deposited into the Landfill Closure | ||||||
19 | and Post-Closure Fund established under Section 21.1 of this | ||||||
20 | Act and shall, upon approval by the Governor and the Director | ||||||
21 | of the Agency, be used by and under the direction of the Agency | ||||||
22 | for the purposes for which the performance bond was issued. The | ||||||
23 | Agency shall have the authority to approve or disapprove any | ||||||
24 | performance bond posted in accordance with the rules adopted | ||||||
25 | under this subsection. If the Agency disapproves a performance | ||||||
26 | bond required under the rules adopted under this subsection, |
| |||||||
| |||||||
1 | the person whose performance bond is disapproved by the Agency | ||||||
2 | may contest the disapproval in the same manner as the appeal of | ||||||
3 | a permit denial under Section 40 of this Act. | ||||||
4 | The Agency is authorized to enter into contracts and | ||||||
5 | agreements as it may deem necessary to carry out the purposes | ||||||
6 | of this subsection or rules adopted under this subsection. | ||||||
7 | Neither the State, nor the Director of the Agency, nor any | ||||||
8 | State employee shall be liable for any damages or injuries | ||||||
9 | arising out of or resulting from any action taken under this | ||||||
10 | subsection or rules adopted under this subsection. | ||||||
11 | Neither this subsection nor the rules adopted under this | ||||||
12 | subsection shall bar a cause of action by the State for any | ||||||
13 | other penalty or relief provided by this Act or any other law. | ||||||
14 | (i) Neither this Section nor the rules adopted under this | ||||||
15 | Section apply to: | ||||||
16 | (1) the use of clean construction or demolition debris | ||||||
17 | as fill at the site where the clean construction or | ||||||
18 | demolition debris is generated; or | ||||||
19 | (2) the use of clean construction or demolition debris, | ||||||
20 | in accordance with Department of Transportation | ||||||
21 | specifications, by the Department of Transportation, the | ||||||
22 | Illinois State Toll Highway Authority, or a county or local | ||||||
23 | highway authority, except to the extent that the clean | ||||||
24 | construction or demolition debris is used as fill material | ||||||
25 | in a privately-owned or privately-operated clean | ||||||
26 | construction or demolition debris fill operation. |
| |||||||
| |||||||
1 | (Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
| ||||||
2 | (415 ILCS 5/22.51a) | ||||||
3 | Sec. 22.51a. Uncontaminated Soil Fill Operations. | ||||||
4 | (a) For purposes of this Section: | ||||||
5 | "Operator" means a person responsible for the | ||||||
6 | operation and maintenance of an uncontaminated soil fill | ||||||
7 | operation. | ||||||
8 | "Owner" means a person who has any direct or indirect | ||||||
9 | interest in an uncontaminated soil fill operation or in | ||||||
10 | land on which a person operates and maintains an | ||||||
11 | uncontaminated soil fill operation. A "direct or indirect | ||||||
12 | interest" does not include the ownership of publicly traded | ||||||
13 | stock. The "owner" is the "operator" if there is no other | ||||||
14 | person who is operating and maintaining an uncontaminated | ||||||
15 | soil fill operation. | ||||||
16 | "Uncontaminated soil" has the meaning provided (1) The | ||||||
17 | term "uncontaminated soil" shall have the same meaning as | ||||||
18 | uncontaminated soil under Section 3.160 of this Act. | ||||||
19 | "Uncontaminated soil fill operation" (2) The term | ||||||
20 | "uncontaminated soil fill operation" means a current or | ||||||
21 | former quarry, mine, or other excavation where | ||||||
22 | uncontaminated soil is used as fill material . | ||||||
23 | "Uncontaminated soil fill operation" , but does not include | ||||||
24 | a clean construction or demolition debris fill operation. | ||||||
25 | (b) No person shall : |
| |||||||
| |||||||
1 | (1) conduct any uncontaminated soil fill operation in | ||||||
2 | violation of this Act or any rules or standards adopted by | ||||||
3 | the Board; | ||||||
4 | (2) use soil other than uncontaminated soil as fill | ||||||
5 | material at an uncontaminated soil fill operation ; or | ||||||
6 | (3) locate any uncontaminated soil fill operation | ||||||
7 | within the setback zone of a potable water supply well . | ||||||
8 | (c) Owners and operators of uncontaminated soil fill | ||||||
9 | operations must register the fill operations with the Agency. | ||||||
10 | Uncontaminated soil fill operations that received | ||||||
11 | uncontaminated soil prior to July 30, 2010 ( the effective date | ||||||
12 | of Public Act 96-1416) this amendatory Act of the 96th General | ||||||
13 | Assembly must be registered with the Agency no later than March | ||||||
14 | 31, 2011. Uncontaminated soil fill operations that first | ||||||
15 | receive uncontaminated soil on or after July 30, 2010 ( the | ||||||
16 | effective date of Public Act 96-1416) this amendatory Act of | ||||||
17 | the 96th General Assembly must be registered with the Agency | ||||||
18 | prior to the receipt of any uncontaminated soil. Registrations | ||||||
19 | must be submitted on forms and in a format prescribed by the | ||||||
20 | Agency. | ||||||
21 | (d) (1) No later than one year after July 30, 2010 ( the | ||||||
22 | effective date of Public Act 96-1416) this amendatory Act of | ||||||
23 | the 96th General Assembly , the Agency shall propose to the | ||||||
24 | Board, and, no later than one year after the Board's receipt of | ||||||
25 | the Agency's proposal, the Board shall adopt, rules for the use | ||||||
26 | of uncontaminated soil as fill material at uncontaminated soil |
| |||||||
| |||||||
1 | fill operations. The rules must include standards and | ||||||
2 | procedures necessary to protect groundwater, which shall | ||||||
3 | include, but shall not be limited to, testing and certification | ||||||
4 | of soil used as fill material and requirements for | ||||||
5 | recordkeeping. | ||||||
6 | (2) (Blank). Until the effective date of the Board rules | ||||||
7 | adopted under subdivision (d)(1) of this Section, owners and | ||||||
8 | operators of uncontaminated soil fill operations must do all of | ||||||
9 | the following in subdivisions (d)(2)(A) through (d)(2)(F) of | ||||||
10 | this Section for all uncontaminated soil accepted for use as | ||||||
11 | fill material. The requirements in subdivisions (d)(2)(A) | ||||||
12 | through (d)(2)(F) of this Section shall not limit any rules | ||||||
13 | adopted by the Board. | ||||||
14 | (A) Document the following information for each load of | ||||||
15 | uncontaminated soil received: (i) the name of the hauler, | ||||||
16 | the address of the site of origin, and the owner and the | ||||||
17 | operator of the site of origin of the uncontaminated soil, | ||||||
18 | (ii) the weight or volume of the uncontaminated soil, and | ||||||
19 | (iii) the date the uncontaminated soil was received. | ||||||
20 | (B) Obtain either (i) a certification from the owner or | ||||||
21 | operator of the site from which the soil was removed that | ||||||
22 | the site has never been used for commercial or industrial | ||||||
23 | purposes and is presumed to be uncontaminated soil or (ii) | ||||||
24 | a certification from a licensed Professional Engineer or a | ||||||
25 | licensed Professional Geologist that the soil is | ||||||
26 | uncontaminated soil. Certifications required under this |
| |||||||
| |||||||
1 | subdivision (d)(2)(B) must be on forms and in a format | ||||||
2 | prescribed by the Agency. | ||||||
3 | (C) Confirm that the uncontaminated soil was not | ||||||
4 | removed from a site as part of a cleanup or removal of | ||||||
5 | contaminants, including, but not limited to, activities | ||||||
6 | conducted under the Comprehensive Environmental Response, | ||||||
7 | Compensation, and Liability Act of 1980, as amended; as | ||||||
8 | part of a Closure or Corrective Action under the Resource | ||||||
9 | Conservation and Recovery Act, as amended; or under an | ||||||
10 | Agency remediation program, such as the Leaking | ||||||
11 | Underground Storage Tank Program or Site Remediation | ||||||
12 | Program, but excluding sites subject to Section 58.16 of | ||||||
13 | this Act where there is no presence or likely presence of a | ||||||
14 | release or a substantial threat of a release of a regulated | ||||||
15 | substance at, on, or from the real property. | ||||||
16 | (D) Visually inspect each load to confirm that only | ||||||
17 | uncontaminated soil is being accepted for use as fill | ||||||
18 | material. | ||||||
19 | (E) Screen each load of uncontaminated soil using a | ||||||
20 | device that is approved by the Agency and detects volatile | ||||||
21 | organic compounds. Such a device may include, but is not | ||||||
22 | limited to, a photo ionization detector or a flame | ||||||
23 | ionization detector. All screening devices shall be | ||||||
24 | operated and maintained in accordance with the | ||||||
25 | manufacturer's specifications. Unacceptable soil must be | ||||||
26 | rejected from the fill operation. |
| |||||||
| |||||||
1 | (F) Document all activities required under subdivision | ||||||
2 | (d)(2) of this Section. Documentation of any chemical | ||||||
3 | analysis must include, but is not limited to, (i) a copy of | ||||||
4 | the lab analysis, (ii) accreditation status of the | ||||||
5 | laboratory performing the analysis, and (iii) | ||||||
6 | certification by an authorized agent of the laboratory that | ||||||
7 | the analysis has been performed in accordance with the | ||||||
8 | Agency's rules for the accreditation of environmental | ||||||
9 | laboratories and the scope of accreditation. | ||||||
10 | (3) (Blank). Owners and operators of uncontaminated soil | ||||||
11 | fill operations must maintain all documentation required under | ||||||
12 | subdivision (d)(2) of this Section for a minimum of 3 years | ||||||
13 | following the receipt of each load of uncontaminated soil, | ||||||
14 | except that documentation relating to an appeal, litigation, or | ||||||
15 | other disputed claim must be maintained until at least 3 years | ||||||
16 | after the date of the final disposition of the appeal, | ||||||
17 | litigation, or other disputed claim. Copies of the | ||||||
18 | documentation must be made available to the Agency and to units | ||||||
19 | of local government for inspection and copying during normal | ||||||
20 | business hours. The Agency may prescribe forms and formats for | ||||||
21 | the documentation required under subdivision (d)(2) of this | ||||||
22 | Section. | ||||||
23 | Chemical analysis conducted under subdivision (d)(2) of | ||||||
24 | this Section must be conducted in accordance with the | ||||||
25 | requirements of 35 Ill. Adm. Code 742, as amended, and "Test | ||||||
26 | Methods for Evaluating Solid Waste, Physical/Chemical |
| |||||||
| |||||||
1 | Methods", USEPA Publication No. SW-846, as amended.
| ||||||
2 | (e) No later than January 1, 2019, the Agency shall propose | ||||||
3 | to the Board for adoption, and, no later than one year after | ||||||
4 | receipt of the Agency's proposal, the Board shall adopt rules | ||||||
5 | to protect public health and the environment from any threats | ||||||
6 | posed by uncontaminated soil fill operations. The rules shall | ||||||
7 | include, but not be limited to, rules that establish enhanced | ||||||
8 | pre-acceptance and post-acceptance sampling protocols for | ||||||
9 | uncontaminated soil fill operations, as described in | ||||||
10 | paragraphs (1) and (2) of this subsection. | ||||||
11 | (1) The pre-acceptance sampling protocols adopted by | ||||||
12 | the Board pursuant to this subsection shall include, but | ||||||
13 | shall not be limited to, provisions requiring the owner or | ||||||
14 | operator to obtain, for all soil accepted for use as fill | ||||||
15 | at the uncontaminated soil fill operation, a certification | ||||||
16 | from a professional engineer licensed under the | ||||||
17 | Professional Engineering Practice Act of 1989 or a licensed | ||||||
18 | professional geologist licensed under the Professional | ||||||
19 | Geologist Licensing Act that the soil is uncontaminated | ||||||
20 | soil. The certification required under this subsection | ||||||
21 | must be based on analytical testing of at least one | ||||||
22 | representative soil sample for each volume of soil that the | ||||||
23 | Board determines must be sampled in order to characterize | ||||||
24 | the soil being accepted for use as fill. The Board may | ||||||
25 | provide exemptions from pre-acceptance sampling protocols | ||||||
26 | required under this subsection for small volumes of soil |
| |||||||
| |||||||
1 | generated at a site upon which a residence is located, | ||||||
2 | provided that there is no historical or current use of the | ||||||
3 | site, or potential contaminant migration from a proximate | ||||||
4 | site, that increases the presence or potential presence of | ||||||
5 | contamination at the site. | ||||||
6 | (2) The post-acceptance sampling protocols adopted by | ||||||
7 | the Board pursuant to this subsection shall include, but | ||||||
8 | not be limited to, provisions requiring the owner or | ||||||
9 | operator to perform, for all soil accepted for use as fill, | ||||||
10 | post-acceptance sampling in accordance with a plan | ||||||
11 | approved by the Agency. At a minimum, the Agency-approved | ||||||
12 | plan required under this subsection must provide for the | ||||||
13 | analytical testing of at least one representative soil | ||||||
14 | sample for each volume of soil that the Board determines | ||||||
15 | must be sampled to characterize the soil being accepted for | ||||||
16 | use as fill. If the analytical testing indicates that any | ||||||
17 | of the soil accepted for use as fill is not uncontaminated | ||||||
18 | soil, the owner or operator shall conduct additional | ||||||
19 | investigation and identify, remove, and properly dispose | ||||||
20 | of all soil that is not uncontaminated soil. | ||||||
21 | (f) Neither this Section nor the rules adopted under this | ||||||
22 | Section apply to: | ||||||
23 | (1) the use of uncontaminated soil as fill at the site | ||||||
24 | where the uncontaminated soil is generated; | ||||||
25 | (2) the use of uncontaminated soil, in accordance with | ||||||
26 | Department of Transportation specifications, by the |
| |||||||
| |||||||
1 | Department of Transportation, the Illinois State Toll | ||||||
2 | Highway Authority, or a county or local highway authority, | ||||||
3 | except to the extent that the soil is used as fill material | ||||||
4 | in a privately-owned or privately-operated uncontaminated | ||||||
5 | soil fill operation; or | ||||||
6 | (3) the use of uncontaminated soil at a remediation | ||||||
7 | site in accordance with a remediation plan approved by the | ||||||
8 | Agency or the United States Environmental Protection | ||||||
9 | Agency. | ||||||
10 | (Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
| ||||||
11 | (415 ILCS 5/30) (from Ch. 111 1/2, par. 1030)
| ||||||
12 | Sec. 30. Investigations. The Agency shall cause | ||||||
13 | investigations to be made
upon the request of the Board , as a | ||||||
14 | result of the Agency's own investigation or knowledge, or upon | ||||||
15 | receipt of information concerning an
alleged violation of this | ||||||
16 | Act, any rule or regulation adopted
under this Act, any permit | ||||||
17 | or term or condition of a permit, or
any Board order, and may | ||||||
18 | cause to be made such other investigations as it
shall deem | ||||||
19 | advisable.
| ||||||
20 | (Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
| ||||||
21 | (415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)
| ||||||
22 | Sec. 31. Notice; complaint; hearing.
| ||||||
23 | (a)(1) Within 180 days after becoming aware of an alleged | ||||||
24 | violation of the
Act, any rule adopted under the Act, a |
| |||||||
| |||||||
1 | permit granted by the Agency, or
a condition of such a | ||||||
2 | permit, the Agency shall issue and serve, by certified | ||||||
3 | mail,
upon the person complained against a written notice | ||||||
4 | informing that person that
the Agency has evidence of the | ||||||
5 | alleged violation. At a minimum, the written
notice shall | ||||||
6 | contain:
| ||||||
7 | (A) a notification to the person complained | ||||||
8 | against of the requirement to
submit a written response | ||||||
9 | addressing the violations alleged and the option to
| ||||||
10 | meet with appropriate agency personnel to resolve any | ||||||
11 | alleged violations that
could lead to the filing of a | ||||||
12 | formal complaint;
| ||||||
13 | (B) a detailed explanation by the Agency of the | ||||||
14 | violations alleged;
| ||||||
15 | (C) an explanation by the Agency of the actions | ||||||
16 | that the Agency
believes may resolve the alleged | ||||||
17 | violations, including an estimate of a
reasonable time | ||||||
18 | period for the person complained against to complete | ||||||
19 | the
suggested resolution; and
| ||||||
20 | (D) an explanation of any alleged violation that | ||||||
21 | the Agency believes
cannot be resolved without the | ||||||
22 | involvement of the Office of the Illinois
Attorney | ||||||
23 | General or the State's Attorney of the county in which | ||||||
24 | the alleged
violation occurred and the basis for the | ||||||
25 | Agency's belief.
| ||||||
26 | (2) A written response to the violations alleged shall |
| |||||||
| |||||||
1 | be submitted to
the Agency, by certified mail, within 45 | ||||||
2 | days after receipt of notice by the
person complained | ||||||
3 | against, unless the Agency agrees to an extension. The
| ||||||
4 | written response shall include:
| ||||||
5 | (A) information in rebuttal, explanation or | ||||||
6 | justification of each
alleged violation;
| ||||||
7 | (B) if the person complained against desires to | ||||||
8 | enter into a Compliance Commitment Agreement, proposed | ||||||
9 | terms for a Compliance Commitment Agreement that | ||||||
10 | includes specified
times for achieving each commitment | ||||||
11 | and which may consist of a statement
indicating that | ||||||
12 | the person complained against believes that compliance | ||||||
13 | has
been achieved; and
| ||||||
14 | (C) a request for a meeting with appropriate Agency | ||||||
15 | personnel if a
meeting is desired by the person | ||||||
16 | complained against.
| ||||||
17 | (3) If the person complained against fails to respond | ||||||
18 | in accordance with
the requirements of subdivision (2) of | ||||||
19 | this subsection (a), the failure to
respond shall be | ||||||
20 | considered a waiver of the requirements of this subsection
| ||||||
21 | (a) and nothing in this Section shall preclude the Agency | ||||||
22 | from proceeding
pursuant to subsection (b) of this Section.
| ||||||
23 | (4) A meeting requested pursuant to subdivision (2) of | ||||||
24 | this subsection
(a) shall be held without a representative | ||||||
25 | of the Office of the Illinois
Attorney General or the | ||||||
26 | State's Attorney of the county in which the alleged
|
| |||||||
| |||||||
1 | violation occurred, within 60 days after receipt of notice | ||||||
2 | by the person
complained against, unless the Agency agrees | ||||||
3 | to a postponement. At the
meeting, the Agency shall provide | ||||||
4 | an opportunity for the person complained
against to respond | ||||||
5 | to each alleged violation, suggested resolution, and
| ||||||
6 | suggested implementation time frame, and to suggest | ||||||
7 | alternate resolutions.
| ||||||
8 | (5) If a meeting requested pursuant to subdivision (2) | ||||||
9 | of this subsection
(a) is held, the person complained | ||||||
10 | against shall, within 21 days following the
meeting or | ||||||
11 | within an extended time period as agreed to by the Agency, | ||||||
12 | submit
by certified mail to the Agency a written response | ||||||
13 | to the alleged violations.
The written response shall | ||||||
14 | include:
| ||||||
15 | (A) additional information in rebuttal, | ||||||
16 | explanation, or justification
of each alleged | ||||||
17 | violation;
| ||||||
18 | (B) if the person complained against desires to | ||||||
19 | enter into a Compliance Commitment Agreement, proposed | ||||||
20 | terms for a Compliance Commitment Agreement that | ||||||
21 | includes specified
times for achieving each commitment | ||||||
22 | and which may consist of a statement
indicating that | ||||||
23 | the person complained against believes that compliance | ||||||
24 | has
been achieved; and
| ||||||
25 | (C) a statement indicating that, should the person | ||||||
26 | complained against
so wish, the person complained |
| |||||||
| |||||||
1 | against chooses to rely upon the initial written
| ||||||
2 | response submitted pursuant to subdivision (2) of this | ||||||
3 | subsection (a).
| ||||||
4 | (6) If the person complained against fails to respond | ||||||
5 | in accordance with
the requirements of subdivision (5) of | ||||||
6 | this subsection (a), the failure to
respond shall be | ||||||
7 | considered a waiver of the requirements of this subsection | ||||||
8 | (a)
and nothing in this Section shall preclude the Agency | ||||||
9 | from proceeding pursuant
to subsection (b) of this Section.
| ||||||
10 | (7) Within 30 days after the Agency's receipt of a | ||||||
11 | written response submitted
by the person complained | ||||||
12 | against pursuant to subdivision (2) of this
subsection (a) | ||||||
13 | if a meeting is not requested or pursuant to subdivision | ||||||
14 | (5) of this
subsection (a) if a meeting is held, or within | ||||||
15 | a later time period as agreed
to by the Agency and the | ||||||
16 | person complained against, the Agency shall issue and
| ||||||
17 | serve, by certified mail, upon the person complained | ||||||
18 | against (i) a proposed Compliance Commitment Agreement or | ||||||
19 | (ii) a notice that one or more violations cannot be | ||||||
20 | resolved without the involvement of the Office of the | ||||||
21 | Attorney General or the State's Attorney of the county in | ||||||
22 | which the alleged violation occurred and that no proposed | ||||||
23 | Compliance Commitment Agreement will be issued by the | ||||||
24 | Agency for those violations. The Agency shall include terms | ||||||
25 | and conditions in the proposed Compliance Commitment | ||||||
26 | Agreement that are, in its discretion, necessary to bring |
| |||||||
| |||||||
1 | the person complained against into compliance with the Act, | ||||||
2 | any rule adopted under the Act, any permit granted by the | ||||||
3 | Agency, or any condition of such a permit. The Agency shall | ||||||
4 | take into consideration the proposed terms for the proposed | ||||||
5 | Compliance Commitment Agreement that were provided under | ||||||
6 | subdivision (a)(2)(B) or (a)(5)(B) of this Section by the | ||||||
7 | person complained against.
| ||||||
8 | (7.5) Within 30 days after the receipt of the Agency's | ||||||
9 | proposed Compliance Commitment Agreement by the person | ||||||
10 | complained against, the person shall either (i) agree to | ||||||
11 | and sign the proposed Compliance Commitment Agreement | ||||||
12 | provided by the Agency and submit the signed Compliance | ||||||
13 | Commitment Agreement to the Agency by certified mail or | ||||||
14 | (ii) notify the Agency in writing by certified mail of the | ||||||
15 | person's rejection of the proposed Compliance Commitment | ||||||
16 | Agreement. If the person complained against fails to | ||||||
17 | respond to the proposed Compliance Commitment Agreement | ||||||
18 | within 30 days as required under this paragraph, the | ||||||
19 | proposed Compliance Commitment Agreement is deemed | ||||||
20 | rejected by operation of law. Any Compliance Commitment | ||||||
21 | Agreement entered into under item (i) of this paragraph may | ||||||
22 | be amended subsequently in writing by mutual agreement | ||||||
23 | between the Agency and the signatory to the Compliance | ||||||
24 | Commitment Agreement, the signatory's legal | ||||||
25 | representative, or the signatory's agent. | ||||||
26 | (7.6) No person shall violate the terms or conditions |
| |||||||
| |||||||
1 | of a Compliance Commitment Agreement entered into under | ||||||
2 | subdivision (a)(7.5) of this Section. Successful | ||||||
3 | completion of a Compliance Commitment Agreement or an | ||||||
4 | amended Compliance Commitment Agreement shall be a factor | ||||||
5 | to be weighed, in favor of the person completing the | ||||||
6 | Agreement, by the Office of the Illinois Attorney General | ||||||
7 | in determining whether to file a complaint for the | ||||||
8 | violations that were the subject of the Agreement.
| ||||||
9 | (8) Nothing in this subsection (a) is intended to | ||||||
10 | require the Agency to
enter into Compliance Commitment | ||||||
11 | Agreements for any alleged violation that the
Agency | ||||||
12 | believes cannot be resolved without the involvement of the | ||||||
13 | Office of the
Attorney General or the State's Attorney of | ||||||
14 | the county in which the alleged
violation occurred, for, | ||||||
15 | among other purposes, the imposition of statutory
| ||||||
16 | penalties.
| ||||||
17 | (9) The Agency's failure to respond within 90 30 days | ||||||
18 | to a written response submitted
pursuant to subdivision (2) | ||||||
19 | of this subsection (a) if a meeting is not
requested or | ||||||
20 | pursuant to subdivision (5) of this subsection (a) if a | ||||||
21 | meeting is held,
or within the time period otherwise agreed | ||||||
22 | to in writing by
the Agency and the person complained | ||||||
23 | against, shall be deemed an acceptance by
the Agency of the | ||||||
24 | proposed terms of the Compliance Commitment Agreement for | ||||||
25 | the violations
alleged in the written notice issued under | ||||||
26 | subdivision (1) of this subsection
(a) as contained within |
| |||||||
| |||||||
1 | the written response.
| ||||||
2 | (10) If the person complained against complies with the | ||||||
3 | terms of a
Compliance
Commitment Agreement accepted | ||||||
4 | pursuant to this subsection (a), the Agency
shall not refer | ||||||
5 | the alleged violations which are the subject of the | ||||||
6 | Compliance
Commitment Agreement to the Office of the | ||||||
7 | Illinois Attorney General or the
State's Attorney of the | ||||||
8 | county in which the alleged violation occurred.
However, | ||||||
9 | nothing in this subsection is intended to preclude the | ||||||
10 | Agency from
continuing negotiations with the person | ||||||
11 | complained against or from proceeding
pursuant to the | ||||||
12 | provisions of subsection (b) of this Section for alleged
| ||||||
13 | violations that remain the subject of disagreement between | ||||||
14 | the Agency and the
person complained against following | ||||||
15 | fulfillment of the requirements of this
subsection (a).
| ||||||
16 | (11) Nothing in this subsection (a) is intended to | ||||||
17 | preclude the person
complained against from submitting to | ||||||
18 | the Agency, by certified mail, at any
time, notification | ||||||
19 | that the person complained against consents to waiver of
| ||||||
20 | the requirements of subsections (a) and (b) of this | ||||||
21 | Section.
| ||||||
22 | (12) The Agency shall have the authority to adopt rules | ||||||
23 | for the administration of subsection (a) of this Section. | ||||||
24 | The rules shall be adopted in accordance with the | ||||||
25 | provisions of the Illinois Administrative Procedure Act. | ||||||
26 | (b) For alleged violations that remain the subject of |
| |||||||
| |||||||
1 | disagreement
between the Agency and the person complained | ||||||
2 | against following fulfillment of
the requirements of | ||||||
3 | subsection (a) of this Section, and for alleged violations of | ||||||
4 | the terms or conditions of a Compliance Commitment Agreement | ||||||
5 | entered into under subdivision (a)(7.5) of this Section as well | ||||||
6 | as the alleged violations that are the subject of the | ||||||
7 | Compliance Commitment Agreement, and as a precondition to
the | ||||||
8 | Agency's referral or request to the Office of the Illinois | ||||||
9 | Attorney General
or the State's Attorney of the county in which | ||||||
10 | the alleged violation occurred
for legal representation | ||||||
11 | regarding an alleged violation that may be addressed
pursuant | ||||||
12 | to subsection (c) or (d) of this Section or pursuant to Section | ||||||
13 | 42 of
this Act, the Agency shall issue and serve, by certified | ||||||
14 | mail, upon the person
complained against a written notice | ||||||
15 | informing that person that the Agency
intends to pursue legal | ||||||
16 | action. Such notice shall notify the person
complained against | ||||||
17 | of the violations to be alleged and offer the person an
| ||||||
18 | opportunity to meet with appropriate Agency personnel in an | ||||||
19 | effort to resolve
any alleged violations that could lead to the | ||||||
20 | filing of a formal complaint.
The meeting with Agency personnel | ||||||
21 | shall be held within 30 days after receipt of
notice served | ||||||
22 | pursuant to this subsection upon the person complained against,
| ||||||
23 | unless the Agency agrees to a postponement or the person | ||||||
24 | notifies the Agency
that he or she will not appear at a meeting | ||||||
25 | within the 30-day time period.
Nothing in this subsection is | ||||||
26 | intended to preclude the Agency from following
the provisions |
| |||||||
| |||||||
1 | of subsection (c) or (d) of this Section or from requesting the
| ||||||
2 | legal representation of the Office of the Illinois Attorney | ||||||
3 | General or the
State's Attorney of the county in which the | ||||||
4 | alleged violations occurred for
alleged violations which | ||||||
5 | remain the subject of disagreement between the Agency
and the | ||||||
6 | person complained against after the provisions of this | ||||||
7 | subsection are
fulfilled.
| ||||||
8 | (c)(1) For alleged violations which remain the subject of | ||||||
9 | disagreement
between the Agency and the person complained | ||||||
10 | against following waiver pursuant
to subdivision (10) of | ||||||
11 | subsection (a) of this Section or fulfillment of
the | ||||||
12 | requirements of subsections (a) and (b) of this Section, | ||||||
13 | the Office of the
Illinois Attorney General or the State's | ||||||
14 | Attorney of the county in which the
alleged violation | ||||||
15 | occurred shall issue and serve upon the person complained
| ||||||
16 | against a written notice, together with a formal complaint, | ||||||
17 | which shall
specify the provision of the Act, rule, | ||||||
18 | regulation, permit, or term
or condition thereof under | ||||||
19 | which such person is said to be in violation and
a | ||||||
20 | statement of the manner in and the extent to which such | ||||||
21 | person is said to
violate the Act, rule, regulation, | ||||||
22 | permit, or term or condition
thereof and shall require the | ||||||
23 | person so complained
against to answer the charges of such | ||||||
24 | formal complaint at a hearing before
the Board at a time | ||||||
25 | not less than 21 days after the date of notice by the
| ||||||
26 | Board, except as provided in Section 34 of this Act. Such |
| |||||||
| |||||||
1 | complaint shall
be accompanied by a notification to the | ||||||
2 | defendant that financing may be
available, through the | ||||||
3 | Illinois Environmental Facilities Financing Act, to
| ||||||
4 | correct such violation. A copy of such notice of such
| ||||||
5 | hearings shall also be sent to any person that has | ||||||
6 | complained to the
Agency respecting the respondent within | ||||||
7 | the six months preceding the
date of the complaint, and to | ||||||
8 | any person in the county in which the
offending activity | ||||||
9 | occurred that has requested notice of enforcement
| ||||||
10 | proceedings; 21 days notice of such hearings shall also be | ||||||
11 | published in
a newspaper of general circulation in such | ||||||
12 | county. The respondent may
file a written answer, and at | ||||||
13 | such hearing the rules prescribed in
Sections 32 and 33 of | ||||||
14 | this Act shall apply. In the case of actual or
threatened | ||||||
15 | acts outside Illinois contributing to environmental damage | ||||||
16 | in
Illinois, the extraterritorial service-of-process | ||||||
17 | provisions of Sections
2-208 and 2-209 of the Code of Civil | ||||||
18 | Procedure shall apply.
| ||||||
19 | With respect to notices served pursuant to this | ||||||
20 | subsection (c)(1) that
involve hazardous material or | ||||||
21 | wastes in any manner, the Agency shall
annually publish a | ||||||
22 | list of all such notices served. The list shall include
the | ||||||
23 | date the investigation commenced, the date notice was sent, | ||||||
24 | the date
the matter was referred to the Attorney General, | ||||||
25 | if applicable, and the
current status of the matter.
| ||||||
26 | (2) Notwithstanding the provisions of subdivision (1) |
| |||||||
| |||||||
1 | of this subsection
(c), whenever a complaint has been filed | ||||||
2 | on behalf of the Agency or by the
People of the State of | ||||||
3 | Illinois, the parties may file with the Board a
stipulation | ||||||
4 | and proposal for settlement accompanied by a request for | ||||||
5 | relief
from the requirement of a hearing pursuant to | ||||||
6 | subdivision (1). Unless the
Board, in its discretion, | ||||||
7 | concludes that a hearing will be held, the Board
shall | ||||||
8 | cause notice of the stipulation, proposal and request for | ||||||
9 | relief to
be published and sent in the same manner as is | ||||||
10 | required for hearing
pursuant to subdivision (1) of this | ||||||
11 | subsection. The notice shall include a
statement that any | ||||||
12 | person may file a written demand for hearing within 21
days | ||||||
13 | after receiving the notice. If any person files a timely | ||||||
14 | written
demand for hearing, the Board shall deny the | ||||||
15 | request for relief from a
hearing and shall hold a hearing | ||||||
16 | in accordance with the provisions of
subdivision (1).
| ||||||
17 | (3) Notwithstanding the provisions of subdivision (1) | ||||||
18 | of this subsection
(c), if the Agency becomes aware of a | ||||||
19 | violation of this Act arising from, or
as a result of, | ||||||
20 | voluntary pollution prevention activities, the Agency | ||||||
21 | shall not
proceed with the written notice required by | ||||||
22 | subsection (a) of this Section
unless:
| ||||||
23 | (A) the person fails to take corrective action or | ||||||
24 | eliminate the reported
violation within a reasonable | ||||||
25 | time; or
| ||||||
26 | (B) the Agency believes that the violation poses a |
| |||||||
| |||||||
1 | substantial and
imminent danger to the public health or | ||||||
2 | welfare or the environment. For the
purposes of this | ||||||
3 | item (B), "substantial and imminent danger" means a | ||||||
4 | danger
with a likelihood of serious or irreversible | ||||||
5 | harm.
| ||||||
6 | (d)(1) Any person may file with the Board a complaint, | ||||||
7 | meeting
the requirements of subsection (c) of this Section, | ||||||
8 | against any person
allegedly violating this Act, any rule | ||||||
9 | or regulation adopted under this
Act, any permit or term or | ||||||
10 | condition of a permit, or any Board order. The complainant | ||||||
11 | shall immediately serve a copy of such complaint
upon the | ||||||
12 | person or persons named therein. Unless the Board | ||||||
13 | determines that
such complaint is duplicative or | ||||||
14 | frivolous, it shall schedule a hearing and
serve written | ||||||
15 | notice thereof upon the person or persons named therein, in
| ||||||
16 | accord with subsection (c) of this Section.
| ||||||
17 | (2) Whenever a complaint has been filed by a person | ||||||
18 | other than the
Attorney General or the State's Attorney, | ||||||
19 | the parties may file with the Board
a stipulation and | ||||||
20 | proposal for settlement accompanied by a request for relief
| ||||||
21 | from the hearing requirement of subdivision (c)(1) of this | ||||||
22 | Section. Unless
the Board, in its discretion, concludes | ||||||
23 | that a hearing should be held, no
hearing on the | ||||||
24 | stipulation and proposal for settlement is required.
| ||||||
25 | (e) In hearings before the Board under this Title the | ||||||
26 | burden shall
be on the Agency or other complainant to show |
| |||||||
| |||||||
1 | either that the respondent
has caused or threatened to cause | ||||||
2 | air or water pollution or that the
respondent has violated or | ||||||
3 | threatens to violate any provision of this
Act or any rule or | ||||||
4 | regulation of the Board or permit or term or
condition thereof. | ||||||
5 | If such proof has been made, the burden shall be on
the | ||||||
6 | respondent to show that compliance with the Board's regulations
| ||||||
7 | would impose an arbitrary or unreasonable hardship.
| ||||||
8 | (f) The provisions of this Section shall not apply to | ||||||
9 | administrative
citation actions commenced under Section 31.1 | ||||||
10 | of this Act.
| ||||||
11 | (g) Where the alleged violation under this Section is that | ||||||
12 | an owner or operator has accepted soil other than | ||||||
13 | uncontaminated soil as fill material under Section 22.51 or | ||||||
14 | 22.51a of this Act, the Agency's allegations shall be based | ||||||
15 | upon a demonstrated threat to area groundwater, using the risk | ||||||
16 | based analysis and sampling procedures set forth in 35 Ill. | ||||||
17 | Adm. Code Part 742, and any testing shall be conducted by | ||||||
18 | laboratories that are properly certified in accordance with the | ||||||
19 | Agency's authority under Section 4 of this Act. The owner or | ||||||
20 | operator shall be given the opportunity to conduct split | ||||||
21 | sampling. | ||||||
22 | (Source: P.A. 97-519, eff. 8-23-11.)
| ||||||
23 | (415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)
| ||||||
24 | Sec. 31.1. Administrative citation.
| ||||||
25 | (a) The prohibitions specified in subsections (o) and (p) |
| |||||||
| |||||||
1 | of
Section 21 and subsection (k) of Section 55 of this Act | ||||||
2 | shall be enforceable either by administrative
citation under | ||||||
3 | this Section or as otherwise provided by this Act. Violations | ||||||
4 | of Section 22.51 and 22.51a of this Act and violations of the | ||||||
5 | rules adopted under those Sections shall be enforceable either | ||||||
6 | by administrative citation under this Section or as otherwise | ||||||
7 | provided by this Act.
| ||||||
8 | (b) Whenever Agency personnel or personnel of a unit of | ||||||
9 | local government to
which the Agency has delegated its | ||||||
10 | functions pursuant to subsection (r) of
Section 4 of this Act, | ||||||
11 | on the basis of direct observation, determine that any
person | ||||||
12 | has violated any provision of subsection (o) or (p) of Section
| ||||||
13 | 21, Section 22.51, Section 22.51a, or subsection (k) of Section | ||||||
14 | 55 of this Act , or any rules adopted under Section 22.51 or | ||||||
15 | Section 22.51a of this Act , the Agency or such unit of local | ||||||
16 | government may issue and serve
an administrative citation upon | ||||||
17 | such person within not more than 60 days after
the date of the | ||||||
18 | observed violation. Each such citation issued shall be served
| ||||||
19 | upon the person named therein or such person's authorized agent | ||||||
20 | for service of
process, and shall include the following | ||||||
21 | information:
| ||||||
22 | (1) a statement specifying the provision provisions of | ||||||
23 | subsection (o) or (p)
of Section 21, Section 22.51, Section | ||||||
24 | 22.51a, or subsection (k) of Section 55 of which the person | ||||||
25 | was observed to violate be in violation ;
| ||||||
26 | (2) a copy of the inspection report in which the Agency |
| |||||||
| |||||||
1 | or local
government recorded the violation, which report | ||||||
2 | shall include the date and
time of inspection, and weather | ||||||
3 | conditions prevailing during the inspection;
| ||||||
4 | (3) the penalty imposed by subdivision (b)(4) or | ||||||
5 | (b)(4-5) of Section
42 for such violation;
| ||||||
6 | (4) instructions for contesting the administrative | ||||||
7 | citation findings
pursuant to this Section, including | ||||||
8 | notification that the person has 35
days within which to | ||||||
9 | file a petition for review before the Board to contest
the | ||||||
10 | administrative citation; and
| ||||||
11 | (5) an affidavit by the personnel observing the | ||||||
12 | violation, attesting to
their material actions and | ||||||
13 | observations.
| ||||||
14 | (c) The Agency or unit of local government shall file a | ||||||
15 | copy of each
administrative citation served under subsection | ||||||
16 | (b) of this Section with
the Board no later than 10 days after | ||||||
17 | the date of service.
| ||||||
18 | (d) (1) If the person named in the administrative citation | ||||||
19 | fails to
petition the Board for review within 35 days from the | ||||||
20 | date of service, the
Board shall adopt a final order, which | ||||||
21 | shall include the administrative
citation and findings of | ||||||
22 | violation as alleged in the citation, and shall impose
the | ||||||
23 | penalty specified in subdivision (b)(4) or (b)(4-5) of Section | ||||||
24 | 42.
| ||||||
25 | (2) If a petition for review is filed before the Board to | ||||||
26 | contest an
administrative citation issued under subsection (b) |
| |||||||
| |||||||
1 | of this Section, the
Agency or unit of local government shall | ||||||
2 | appear as a complainant at a
hearing before the Board to be | ||||||
3 | conducted pursuant to Section 32 of this Act
at a time not less | ||||||
4 | than 21 days after notice of such hearing has
been sent by the | ||||||
5 | Board to the Agency or unit of local government and the
person | ||||||
6 | named in the citation. In such hearings, the burden of proof | ||||||
7 | shall be
on the Agency or unit of local government. If, based | ||||||
8 | on the record, the Board
finds that the alleged violation | ||||||
9 | occurred, it shall adopt a final order which
shall include the | ||||||
10 | administrative citation and findings of violation as alleged
in | ||||||
11 | the citation, and shall impose the penalty specified in | ||||||
12 | subdivision (b)(4)
or (b)(4-5) of Section 42. However, if the | ||||||
13 | Board finds that the person
appealing the citation has shown | ||||||
14 | that the violation resulted from
uncontrollable circumstances, | ||||||
15 | the Board shall adopt a final order which makes
no finding of | ||||||
16 | violation and which imposes no penalty.
| ||||||
17 | (e) Sections 10-25 through 10-60 of the Illinois | ||||||
18 | Administrative Procedure
Act shall not apply to any | ||||||
19 | administrative citation issued under subsection (b)
of this | ||||||
20 | Section.
| ||||||
21 | (f) The other provisions of this Section shall not apply to | ||||||
22 | a sanitary
landfill operated by a unit of local government | ||||||
23 | solely for the purpose of
disposing of water and sewage | ||||||
24 | treatment plant sludges, including necessary
stabilizing | ||||||
25 | materials.
| ||||||
26 | (g) All final orders issued and entered by the Board |
| |||||||
| |||||||
1 | pursuant to this
Section shall be enforceable by injunction, | ||||||
2 | mandamus or other appropriate
remedy, in accordance with | ||||||
3 | Section 42 of this Act.
| ||||||
4 | (Source: P.A. 96-737, eff. 8-25-09; 96-1416, eff. 7-30-10.)
| ||||||
5 | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
| ||||||
6 | Sec. 39. Issuance of permits; procedures.
| ||||||
7 | (a) When the Board has by regulation required a permit for
| ||||||
8 | the construction, installation, or operation of any type of | ||||||
9 | facility,
equipment, vehicle, vessel, or aircraft, the | ||||||
10 | applicant shall apply to
the Agency for such permit and it | ||||||
11 | shall be the duty of the Agency to
issue such a permit upon | ||||||
12 | proof by the applicant that the facility,
equipment, vehicle, | ||||||
13 | vessel, or aircraft will not cause a violation of
this Act or | ||||||
14 | of regulations hereunder. The Agency shall adopt such
| ||||||
15 | procedures as are necessary to carry out its duties under this | ||||||
16 | Section.
In making its determinations on permit applications | ||||||
17 | under this Section the Agency may consider prior adjudications | ||||||
18 | of
noncompliance with this Act by the applicant that involved a | ||||||
19 | release of a
contaminant into the environment. In granting | ||||||
20 | permits, the Agency
may impose reasonable conditions | ||||||
21 | specifically related to the applicant's past
compliance | ||||||
22 | history with this Act as necessary to correct, detect, or
| ||||||
23 | prevent noncompliance. The Agency may impose such other | ||||||
24 | conditions
as may be necessary to accomplish the purposes of | ||||||
25 | this Act, and as are not
inconsistent with the regulations |
| |||||||
| |||||||
1 | promulgated by the Board hereunder. Except as
otherwise | ||||||
2 | provided in this Act, a bond or other security shall not be | ||||||
3 | required
as a condition for the issuance of a permit. If the | ||||||
4 | Agency denies any permit
under this Section, the Agency shall | ||||||
5 | transmit to the applicant within the time
limitations of this | ||||||
6 | Section specific, detailed statements as to the reasons the
| ||||||
7 | permit application was denied. Such statements shall include, | ||||||
8 | but not be
limited to the following:
| ||||||
9 | (i) the Sections of this Act which may be violated if | ||||||
10 | the permit
were granted;
| ||||||
11 | (ii) the provision of the regulations, promulgated | ||||||
12 | under this Act,
which may be violated if the permit were | ||||||
13 | granted;
| ||||||
14 | (iii) the specific type of information, if any, which | ||||||
15 | the Agency
deems the applicant did not provide the Agency; | ||||||
16 | and
| ||||||
17 | (iv) a statement of specific reasons why the Act and | ||||||
18 | the regulations
might not be met if the permit were | ||||||
19 | granted.
| ||||||
20 | If there is no final action by the Agency within 90 days | ||||||
21 | after the
filing of the application for permit, the applicant | ||||||
22 | may deem the permit
issued; except that this time period shall | ||||||
23 | be extended to 180 days when
(1) notice and opportunity for | ||||||
24 | public hearing are required by State or
federal law or | ||||||
25 | regulation, (2) the application which was filed is for
any | ||||||
26 | permit to develop a landfill subject to issuance pursuant to |
| |||||||
| |||||||
1 | this
subsection, or (3) the application that was filed is for a | ||||||
2 | MSWLF unit
required to issue public notice under subsection (p) | ||||||
3 | of Section 39. The
90-day and 180-day time periods for the | ||||||
4 | Agency to take final action do not
apply to NPDES permit | ||||||
5 | applications under subsection (b) of this Section,
to RCRA | ||||||
6 | permit applications under subsection (d) of this Section, or
to | ||||||
7 | UIC permit applications under subsection (e) of this Section.
| ||||||
8 | The Agency shall publish notice of all final permit | ||||||
9 | determinations for
development permits for MSWLF units and for | ||||||
10 | significant permit modifications
for lateral expansions for | ||||||
11 | existing MSWLF units one time in a newspaper of
general | ||||||
12 | circulation in the county in which the unit is or is proposed | ||||||
13 | to be
located.
| ||||||
14 | After January 1, 1994 and until July 1, 1998, operating | ||||||
15 | permits issued under
this Section by the
Agency for sources of | ||||||
16 | air pollution permitted to emit less than 25 tons
per year of | ||||||
17 | any combination of regulated air pollutants, as defined in
| ||||||
18 | Section 39.5 of this Act, shall be required to be renewed only | ||||||
19 | upon written
request by the Agency consistent with applicable | ||||||
20 | provisions of this Act and
regulations promulgated hereunder. | ||||||
21 | Such operating permits shall expire
180 days after the date of | ||||||
22 | such a request. The Board shall revise its
regulations for the | ||||||
23 | existing State air pollution operating permit program
| ||||||
24 | consistent with this provision by January 1, 1994.
| ||||||
25 | After June 30, 1998, operating permits issued under this | ||||||
26 | Section by the
Agency for sources of air pollution that are not |
| |||||||
| |||||||
1 | subject to Section 39.5 of
this Act and are not required to | ||||||
2 | have a federally enforceable State operating
permit shall be | ||||||
3 | required to be renewed only upon written request by the Agency
| ||||||
4 | consistent with applicable provisions of this Act and its | ||||||
5 | rules. Such
operating permits shall expire 180 days after the | ||||||
6 | date of such a request.
Before July 1, 1998, the Board shall | ||||||
7 | revise its rules for the existing State
air pollution operating | ||||||
8 | permit program consistent with this paragraph and shall
adopt | ||||||
9 | rules that require a source to demonstrate that it qualifies | ||||||
10 | for a permit
under this paragraph.
| ||||||
11 | (b) The Agency may issue NPDES permits exclusively under | ||||||
12 | this
subsection for the discharge of contaminants from point | ||||||
13 | sources into
navigable waters, all as defined in the Federal | ||||||
14 | Water Pollution Control
Act, as now or hereafter amended, | ||||||
15 | within the jurisdiction of the
State, or into any well.
| ||||||
16 | All NPDES permits shall contain those terms and conditions, | ||||||
17 | including
but not limited to schedules of compliance, which may | ||||||
18 | be required to
accomplish the purposes and provisions of this | ||||||
19 | Act.
| ||||||
20 | The Agency may issue general NPDES permits for discharges | ||||||
21 | from categories
of point sources which are subject to the same | ||||||
22 | permit limitations and
conditions. Such general permits may be | ||||||
23 | issued without individual
applications and shall conform to | ||||||
24 | regulations promulgated under Section 402
of the Federal Water | ||||||
25 | Pollution Control Act, as now or hereafter amended.
| ||||||
26 | The Agency may include, among such conditions, effluent |
| |||||||
| |||||||
1 | limitations
and other requirements established under this Act, | ||||||
2 | Board regulations,
the Federal Water Pollution Control Act, as | ||||||
3 | now or hereafter amended, and
regulations pursuant thereto, and | ||||||
4 | schedules for achieving compliance
therewith at the earliest | ||||||
5 | reasonable date.
| ||||||
6 | The Agency shall establish a monitoring protocol for the | ||||||
7 | monitoring of discharges under NPDES permits issued to clean | ||||||
8 | construction demolition debris sites permitted under Section | ||||||
9 | 22.51. The Agency shall include these monitoring provisions to | ||||||
10 | alert operators and the Agency if there is illegal dumping of | ||||||
11 | contaminated materials or hazardous wastes at said site. | ||||||
12 | The Agency shall adopt filing requirements and procedures | ||||||
13 | which are
necessary and appropriate for the issuance of NPDES | ||||||
14 | permits, and which
are consistent with the Act or regulations | ||||||
15 | adopted by the Board, and
with the Federal Water Pollution | ||||||
16 | Control Act, as now or hereafter
amended, and regulations | ||||||
17 | pursuant thereto.
| ||||||
18 | The Agency, subject to any conditions which may be | ||||||
19 | prescribed by
Board regulations, may issue NPDES permits to | ||||||
20 | allow discharges beyond
deadlines established by this Act or by | ||||||
21 | regulations of the Board without
the requirement of a variance, | ||||||
22 | subject to the Federal Water Pollution
Control Act, as now or | ||||||
23 | hereafter amended, and regulations pursuant thereto.
| ||||||
24 | (c) Except for those facilities owned or operated by | ||||||
25 | sanitary districts
organized under the Metropolitan Water | ||||||
26 | Reclamation District Act, no
permit for the development or |
| |||||||
| |||||||
1 | construction of a new pollution control
facility may be granted | ||||||
2 | by the Agency unless the applicant submits proof to the
Agency | ||||||
3 | that the location of the facility has been approved by the | ||||||
4 | County Board
of the county if in an unincorporated area, or the | ||||||
5 | governing body of the
municipality when in an incorporated | ||||||
6 | area, in which the facility is to be
located in accordance with | ||||||
7 | Section 39.2 of this Act. For purposes of this subsection (c), | ||||||
8 | and for purposes of Section 39.2 of this Act, the appropriate | ||||||
9 | county board or governing body of the municipality shall be the | ||||||
10 | county board of the county or the governing body of the | ||||||
11 | municipality in which the facility is to be located as of the | ||||||
12 | date when the application for siting approval is filed.
| ||||||
13 | In the event that siting approval granted pursuant to | ||||||
14 | Section 39.2 has
been transferred to a subsequent owner or | ||||||
15 | operator, that subsequent owner or
operator may apply to the | ||||||
16 | Agency for, and the Agency may grant, a development
or | ||||||
17 | construction permit for the facility for which local siting | ||||||
18 | approval was
granted. Upon application to the Agency for a | ||||||
19 | development or
construction permit by that subsequent owner or | ||||||
20 | operator,
the permit applicant shall cause written notice of | ||||||
21 | the permit application
to be served upon the appropriate county | ||||||
22 | board or governing body of the
municipality that granted siting | ||||||
23 | approval for that facility and upon any party
to the siting | ||||||
24 | proceeding pursuant to which siting approval was granted. In
| ||||||
25 | that event, the Agency shall conduct an evaluation of the | ||||||
26 | subsequent owner or
operator's prior experience in waste |
| |||||||
| |||||||
1 | management operations in the manner
conducted under subsection | ||||||
2 | (i) of Section 39 of this Act.
| ||||||
3 | Beginning August 20, 1993, if the pollution control | ||||||
4 | facility consists of a
hazardous or solid waste disposal | ||||||
5 | facility for which the proposed site is
located in an | ||||||
6 | unincorporated area of a county with a population of less than
| ||||||
7 | 100,000 and includes all or a portion of a parcel of land that | ||||||
8 | was, on April 1,
1993, adjacent to a municipality having a | ||||||
9 | population of less than 5,000, then
the local siting review | ||||||
10 | required under this subsection (c) in conjunction with
any | ||||||
11 | permit applied for after that date shall be performed by the | ||||||
12 | governing body
of that adjacent municipality rather than the | ||||||
13 | county board of the county in
which the proposed site is | ||||||
14 | located; and for the purposes of that local siting
review, any | ||||||
15 | references in this Act to the county board shall be deemed to | ||||||
16 | mean
the governing body of that adjacent municipality; | ||||||
17 | provided, however, that the
provisions of this paragraph shall | ||||||
18 | not apply to any proposed site which was, on
April 1, 1993, | ||||||
19 | owned in whole or in part by another municipality.
| ||||||
20 | In the case of a pollution control facility for which a
| ||||||
21 | development permit was issued before November 12, 1981, if an | ||||||
22 | operating
permit has not been issued by the Agency prior to | ||||||
23 | August 31, 1989 for
any portion of the facility, then the | ||||||
24 | Agency may not issue or renew any
development permit nor issue | ||||||
25 | an original operating permit for any portion of
such facility | ||||||
26 | unless the applicant has submitted proof to the Agency that the
|
| |||||||
| |||||||
1 | location of the facility has been approved by the appropriate | ||||||
2 | county board or
municipal governing body pursuant to Section | ||||||
3 | 39.2 of this Act.
| ||||||
4 | After January 1, 1994, if a solid waste
disposal facility, | ||||||
5 | any portion for which an operating permit has been issued by
| ||||||
6 | the Agency, has not accepted waste disposal for 5 or more | ||||||
7 | consecutive calendars
years, before that facility may accept | ||||||
8 | any new or additional waste for
disposal, the owner and | ||||||
9 | operator must obtain a new operating permit under this
Act for | ||||||
10 | that facility unless the owner and operator have applied to the | ||||||
11 | Agency
for a permit authorizing the temporary suspension of | ||||||
12 | waste acceptance. The
Agency may not issue a new operation | ||||||
13 | permit under this Act for the facility
unless the applicant has | ||||||
14 | submitted proof to the Agency that the location of the
facility | ||||||
15 | has been approved or re-approved by the appropriate county | ||||||
16 | board or
municipal governing body under Section 39.2 of this | ||||||
17 | Act after the facility
ceased accepting waste.
| ||||||
18 | Except for those facilities owned or operated by sanitary | ||||||
19 | districts
organized under the Metropolitan Water Reclamation | ||||||
20 | District Act, and
except for new pollution control facilities | ||||||
21 | governed by Section 39.2,
and except for fossil fuel mining | ||||||
22 | facilities, the granting of a permit under
this Act shall not | ||||||
23 | relieve the applicant from meeting and securing all
necessary | ||||||
24 | zoning approvals from the unit of government having zoning
| ||||||
25 | jurisdiction over the proposed facility.
| ||||||
26 | Before beginning construction on any new sewage treatment |
| |||||||
| |||||||
1 | plant or sludge
drying site to be owned or operated by a | ||||||
2 | sanitary district organized under
the Metropolitan Water | ||||||
3 | Reclamation District Act for which a new
permit (rather than | ||||||
4 | the renewal or amendment of an existing permit) is
required, | ||||||
5 | such sanitary district shall hold a public hearing within the
| ||||||
6 | municipality within which the proposed facility is to be | ||||||
7 | located, or within the
nearest community if the proposed | ||||||
8 | facility is to be located within an
unincorporated area, at | ||||||
9 | which information concerning the proposed facility
shall be | ||||||
10 | made available to the public, and members of the public shall | ||||||
11 | be given
the opportunity to express their views concerning the | ||||||
12 | proposed facility.
| ||||||
13 | The Agency may issue a permit for a municipal waste | ||||||
14 | transfer station
without requiring approval pursuant to | ||||||
15 | Section 39.2 provided that the following
demonstration is made:
| ||||||
16 | (1) the municipal waste transfer station was in | ||||||
17 | existence on or before
January 1, 1979 and was in | ||||||
18 | continuous operation from January 1, 1979 to January
1, | ||||||
19 | 1993;
| ||||||
20 | (2) the operator submitted a permit application to the | ||||||
21 | Agency to develop
and operate the municipal waste transfer | ||||||
22 | station during April of 1994;
| ||||||
23 | (3) the operator can demonstrate that the county board | ||||||
24 | of the county, if
the municipal waste transfer station is | ||||||
25 | in an unincorporated area, or the
governing body of the | ||||||
26 | municipality, if the station is in an incorporated area,
|
| |||||||
| |||||||
1 | does not object to resumption of the operation of the | ||||||
2 | station; and
| ||||||
3 | (4) the site has local zoning approval.
| ||||||
4 | (d) The Agency may issue RCRA permits exclusively under | ||||||
5 | this
subsection to persons owning or operating a facility for | ||||||
6 | the treatment,
storage, or disposal of hazardous waste as | ||||||
7 | defined under this Act.
| ||||||
8 | All RCRA permits shall contain those terms and conditions, | ||||||
9 | including but
not limited to schedules of compliance, which may | ||||||
10 | be required to accomplish
the purposes and provisions of this | ||||||
11 | Act. The Agency may include among such
conditions standards and | ||||||
12 | other requirements established under this Act,
Board | ||||||
13 | regulations, the Resource Conservation and Recovery Act of 1976 | ||||||
14 | (P.L.
94-580), as amended, and regulations pursuant thereto, | ||||||
15 | and may include
schedules for achieving compliance therewith as | ||||||
16 | soon as possible. The
Agency shall require that a performance | ||||||
17 | bond or other security be provided
as a condition for the | ||||||
18 | issuance of a RCRA permit.
| ||||||
19 | In the case of a permit to operate a hazardous waste or PCB | ||||||
20 | incinerator
as defined in subsection (k) of Section 44, the | ||||||
21 | Agency shall require, as a
condition of the permit, that the | ||||||
22 | operator of the facility perform such
analyses of the waste to | ||||||
23 | be incinerated as may be necessary and appropriate
to ensure | ||||||
24 | the safe operation of the incinerator.
| ||||||
25 | The Agency shall adopt filing requirements and procedures | ||||||
26 | which
are necessary and appropriate for the issuance of RCRA |
| |||||||
| |||||||
1 | permits, and which
are consistent with the Act or regulations | ||||||
2 | adopted by the Board, and with
the Resource Conservation and | ||||||
3 | Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | ||||||
4 | pursuant thereto.
| ||||||
5 | The applicant shall make available to the public for | ||||||
6 | inspection all
documents submitted by the applicant to the | ||||||
7 | Agency in furtherance
of an application, with the exception of | ||||||
8 | trade secrets, at the office of
the county board or governing | ||||||
9 | body of the municipality. Such documents
may be copied upon | ||||||
10 | payment of the actual cost of reproduction during regular
| ||||||
11 | business hours of the local office. The Agency shall issue a | ||||||
12 | written statement
concurrent with its grant or denial of the | ||||||
13 | permit explaining the basis for its
decision.
| ||||||
14 | (e) The Agency may issue UIC permits exclusively under this
| ||||||
15 | subsection to persons owning or operating a facility for the | ||||||
16 | underground
injection of contaminants as defined under this | ||||||
17 | Act.
| ||||||
18 | All UIC permits shall contain those terms and conditions, | ||||||
19 | including but
not limited to schedules of compliance, which may | ||||||
20 | be required to accomplish
the purposes and provisions of this | ||||||
21 | Act. The Agency may include among such
conditions standards and | ||||||
22 | other requirements established under this Act,
Board | ||||||
23 | regulations, the Safe Drinking Water Act (P.L. 93-523), as | ||||||
24 | amended,
and regulations pursuant thereto, and may include | ||||||
25 | schedules for achieving
compliance therewith. The Agency shall | ||||||
26 | require that a performance bond or
other security be provided |
| |||||||
| |||||||
1 | as a condition for the issuance of a UIC permit.
| ||||||
2 | The Agency shall adopt filing requirements and procedures | ||||||
3 | which
are necessary and appropriate for the issuance of UIC | ||||||
4 | permits, and which
are consistent with the Act or regulations | ||||||
5 | adopted by the Board, and with
the Safe Drinking Water Act | ||||||
6 | (P.L. 93-523), as amended, and regulations
pursuant thereto.
| ||||||
7 | The applicant shall make available to the public for | ||||||
8 | inspection, all
documents submitted by the applicant to the | ||||||
9 | Agency in furtherance of an
application, with the exception of | ||||||
10 | trade secrets, at the office of the county
board or governing | ||||||
11 | body of the municipality. Such documents may be copied upon
| ||||||
12 | payment of the actual cost of reproduction during regular | ||||||
13 | business hours of the
local office. The Agency shall issue a | ||||||
14 | written statement concurrent with its
grant or denial of the | ||||||
15 | permit explaining the basis for its decision.
| ||||||
16 | (f) In making any determination pursuant to Section 9.1 of | ||||||
17 | this Act:
| ||||||
18 | (1) The Agency shall have authority to make the | ||||||
19 | determination of any
question required to be determined by | ||||||
20 | the Clean Air Act, as now or
hereafter amended, this Act, | ||||||
21 | or the regulations of the Board, including the
| ||||||
22 | determination of the Lowest Achievable Emission Rate, | ||||||
23 | Maximum Achievable
Control Technology, or Best Available | ||||||
24 | Control Technology, consistent with the
Board's | ||||||
25 | regulations, if any.
| ||||||
26 | (2) The Agency shall adopt requirements as necessary to |
| |||||||
| |||||||
1 | implement public participation procedures, including, but | ||||||
2 | not limited to, public notice, comment, and an opportunity | ||||||
3 | for hearing, which must accompany the processing of | ||||||
4 | applications for PSD permits. The Agency shall briefly | ||||||
5 | describe and respond to all significant comments on the | ||||||
6 | draft permit raised during the public comment period or | ||||||
7 | during any hearing. The Agency may group related comments | ||||||
8 | together and provide one unified response for each issue | ||||||
9 | raised. | ||||||
10 | (3) Any complete permit application submitted to the | ||||||
11 | Agency under this subsection for a PSD permit shall be | ||||||
12 | granted or denied by the Agency not later than one year | ||||||
13 | after the filing of such completed application. | ||||||
14 | (4) The Agency shall, after conferring with the | ||||||
15 | applicant, give written
notice to the applicant of its | ||||||
16 | proposed decision on the application including
the terms | ||||||
17 | and conditions of the permit to be issued and the facts, | ||||||
18 | conduct
or other basis upon which the Agency will rely to | ||||||
19 | support its proposed action.
| ||||||
20 | (g) The Agency shall include as conditions upon all permits | ||||||
21 | issued for
hazardous waste disposal sites such restrictions | ||||||
22 | upon the future use
of such sites as are reasonably necessary | ||||||
23 | to protect public health and
the environment, including | ||||||
24 | permanent prohibition of the use of such
sites for purposes | ||||||
25 | which may create an unreasonable risk of injury to human
health | ||||||
26 | or to the environment. After administrative and judicial |
| |||||||
| |||||||
1 | challenges
to such restrictions have been exhausted, the Agency | ||||||
2 | shall file such
restrictions of record in the Office of the | ||||||
3 | Recorder of the county in which
the hazardous waste disposal | ||||||
4 | site is located.
| ||||||
5 | (h) A hazardous waste stream may not be deposited in a | ||||||
6 | permitted hazardous
waste site unless specific authorization | ||||||
7 | is obtained from the Agency by the
generator and disposal site | ||||||
8 | owner and operator for the deposit of that specific
hazardous | ||||||
9 | waste stream. The Agency may grant specific authorization for
| ||||||
10 | disposal of hazardous waste streams only after the generator | ||||||
11 | has reasonably
demonstrated that, considering
technological | ||||||
12 | feasibility and economic reasonableness, the hazardous waste
| ||||||
13 | cannot be reasonably recycled for reuse, nor incinerated or | ||||||
14 | chemically,
physically or biologically treated so as to | ||||||
15 | neutralize the hazardous waste
and render it nonhazardous. In | ||||||
16 | granting authorization under this Section,
the Agency may | ||||||
17 | impose such conditions as may be necessary to accomplish
the | ||||||
18 | purposes of the Act and are consistent with this Act and | ||||||
19 | regulations
promulgated by the Board hereunder. If the Agency | ||||||
20 | refuses to grant
authorization under this Section, the | ||||||
21 | applicant may appeal as if the Agency
refused to grant a | ||||||
22 | permit, pursuant to the provisions of subsection (a) of
Section | ||||||
23 | 40 of this Act. For purposes of this subsection (h), the term
| ||||||
24 | "generator" has the meaning given in Section 3.205 of this Act,
| ||||||
25 | unless: (1) the hazardous waste is treated, incinerated, or | ||||||
26 | partially recycled
for reuse prior to disposal, in which case |
| |||||||
| |||||||
1 | the last person who treats,
incinerates, or partially recycles | ||||||
2 | the hazardous waste prior to disposal is the
generator; or (2) | ||||||
3 | the hazardous waste is from a response action, in which case
| ||||||
4 | the person performing the response action is the generator. | ||||||
5 | This subsection
(h) does not apply to any hazardous waste that | ||||||
6 | is restricted from land disposal
under 35 Ill. Adm. Code 728.
| ||||||
7 | (i) Before issuing any RCRA permit, any permit for a waste | ||||||
8 | storage site,
sanitary landfill, waste disposal site, waste | ||||||
9 | transfer station, waste treatment
facility, waste incinerator, | ||||||
10 | or any waste-transportation operation, any permit or interim | ||||||
11 | authorization for a clean construction or demolition debris | ||||||
12 | fill operation, or any permit required under subsection (d-5) | ||||||
13 | of Section 55, the Agency
shall conduct an evaluation of the | ||||||
14 | prospective owner's or operator's prior
experience in waste | ||||||
15 | management operations, clean construction or demolition debris | ||||||
16 | fill operations, and tire storage site management. The Agency | ||||||
17 | may deny such a permit , or deny or revoke interim | ||||||
18 | authorization,
if the prospective owner or operator or any | ||||||
19 | employee or officer of the
prospective owner or operator has a | ||||||
20 | history of:
| ||||||
21 | (1) repeated violations of federal, State, or local | ||||||
22 | laws, regulations,
standards, or ordinances in the | ||||||
23 | operation of waste management facilities or
sites, clean | ||||||
24 | construction or demolition debris fill operation | ||||||
25 | facilities or sites, or tire storage sites; or
| ||||||
26 | (2) conviction in this or another State of any crime |
| |||||||
| |||||||
1 | which is a felony
under the laws of this State, or | ||||||
2 | conviction of a felony in a federal court; or conviction in | ||||||
3 | this or another state or federal court of any of the | ||||||
4 | following crimes: forgery, official misconduct, bribery, | ||||||
5 | perjury, or knowingly submitting false information under | ||||||
6 | any environmental law, regulation, or permit term or | ||||||
7 | condition; or
| ||||||
8 | (3) proof of gross carelessness or incompetence in | ||||||
9 | handling, storing,
processing, transporting or disposing | ||||||
10 | of waste, clean construction or demolition debris, or used | ||||||
11 | or waste tires, or proof of gross carelessness or | ||||||
12 | incompetence in using clean construction or demolition | ||||||
13 | debris as fill.
| ||||||
14 | (i-5) Before issuing any permit or approving any interim | ||||||
15 | authorization for a clean construction or demolition debris | ||||||
16 | fill operation in which any ownership interest is transferred | ||||||
17 | between January 1, 2005, and the effective date of the | ||||||
18 | prohibition set forth in Section 22.52 of this Act, the Agency | ||||||
19 | shall conduct an evaluation of the operation if any previous | ||||||
20 | activities at the site or facility may have caused or allowed | ||||||
21 | contamination of the site. It shall be the responsibility of | ||||||
22 | the owner or operator seeking the permit or interim | ||||||
23 | authorization to provide to the Agency all of the information | ||||||
24 | necessary for the Agency to conduct its evaluation. The Agency | ||||||
25 | may deny a permit or interim authorization if previous | ||||||
26 | activities at the site may have caused or allowed contamination |
| |||||||
| |||||||
1 | at the site, unless such contamination is authorized under any | ||||||
2 | permit issued by the Agency.
| ||||||
3 | (j) The issuance under this Act of a permit to engage in | ||||||
4 | the surface mining
of any resources other than fossil fuels | ||||||
5 | shall not relieve
the permittee from its duty to comply with | ||||||
6 | any applicable local law regulating
the commencement, location | ||||||
7 | or operation of surface mining facilities.
| ||||||
8 | (k) A development permit issued under subsection (a) of | ||||||
9 | Section 39 for any
facility or site which is required to have a | ||||||
10 | permit under subsection (d) of
Section 21 shall expire at the | ||||||
11 | end of 2 calendar years from the date upon which
it was issued, | ||||||
12 | unless within that period the applicant has taken action to
| ||||||
13 | develop the facility or the site. In the event that review of | ||||||
14 | the
conditions of the development permit is sought pursuant to | ||||||
15 | Section 40 or
41, or permittee is prevented from commencing | ||||||
16 | development of the facility
or site by any other litigation | ||||||
17 | beyond the permittee's control, such
two-year period shall be | ||||||
18 | deemed to begin on the date upon which such review
process or | ||||||
19 | litigation is concluded.
| ||||||
20 | (l) No permit shall be issued by the Agency under this Act | ||||||
21 | for
construction or operation of any facility or site located | ||||||
22 | within the
boundaries of any setback zone established pursuant | ||||||
23 | to this Act, where such
construction or operation is | ||||||
24 | prohibited.
| ||||||
25 | (m) The Agency may issue permits to persons owning or | ||||||
26 | operating
a facility for composting landscape waste. In |
| |||||||
| |||||||
1 | granting such permits, the Agency
may impose such conditions as | ||||||
2 | may be necessary to accomplish the purposes of
this Act, and as | ||||||
3 | are not inconsistent with applicable regulations promulgated
| ||||||
4 | by the Board. Except as otherwise provided in this Act, a bond | ||||||
5 | or other
security shall not be required as a condition for the | ||||||
6 | issuance of a permit. If
the Agency denies any permit pursuant | ||||||
7 | to this subsection, the Agency shall
transmit to the applicant | ||||||
8 | within the time limitations of this subsection
specific, | ||||||
9 | detailed statements as to the reasons the permit application | ||||||
10 | was
denied. Such statements shall include but not be limited to | ||||||
11 | the following:
| ||||||
12 | (1) the Sections of this Act that may be violated if | ||||||
13 | the permit
were granted;
| ||||||
14 | (2) the specific regulations promulgated pursuant to | ||||||
15 | this
Act that may be violated if the permit were granted;
| ||||||
16 | (3) the specific information, if any, the Agency deems | ||||||
17 | the
applicant did not provide in its application to the | ||||||
18 | Agency; and
| ||||||
19 | (4) a statement of specific reasons why the Act and the | ||||||
20 | regulations
might be violated if the permit were granted.
| ||||||
21 | If no final action is taken by the Agency within 90 days | ||||||
22 | after the filing
of the application for permit, the applicant | ||||||
23 | may deem the permit issued.
Any applicant for a permit may | ||||||
24 | waive the 90-day limitation by filing a
written statement with | ||||||
25 | the Agency.
| ||||||
26 | The Agency shall issue permits for such facilities upon |
| |||||||
| |||||||
1 | receipt of an
application that includes a legal description of | ||||||
2 | the site, a topographic
map of the site drawn to the scale of | ||||||
3 | 200 feet to the inch or larger, a
description of the operation, | ||||||
4 | including the area served, an estimate of
the volume of | ||||||
5 | materials to be processed, and documentation that:
| ||||||
6 | (1) the facility includes a setback of at
least 200 | ||||||
7 | feet from the nearest potable water supply well;
| ||||||
8 | (2) the facility is located outside the boundary
of the | ||||||
9 | 10-year floodplain or the site will be floodproofed;
| ||||||
10 | (3) the facility is located so as to minimize
| ||||||
11 | incompatibility with the character of the surrounding | ||||||
12 | area, including at
least a 200 foot setback from any | ||||||
13 | residence, and in the case of a
facility that is developed | ||||||
14 | or the permitted composting area of which is
expanded after | ||||||
15 | November 17, 1991, the composting area is located at least | ||||||
16 | 1/8
mile from the nearest residence (other than a residence | ||||||
17 | located on the same
property as the facility);
| ||||||
18 | (4) the design of the facility will prevent any compost | ||||||
19 | material from
being placed within 5 feet of the water | ||||||
20 | table, will adequately control runoff
from the site, and | ||||||
21 | will collect and manage any leachate that is generated on
| ||||||
22 | the site;
| ||||||
23 | (5) the operation of the facility will include | ||||||
24 | appropriate dust
and odor control measures, limitations on | ||||||
25 | operating hours, appropriate
noise control measures for | ||||||
26 | shredding, chipping and similar equipment,
management |
| |||||||
| |||||||
1 | procedures for composting, containment and disposal of
| ||||||
2 | non-compostable wastes, procedures to be used for
| ||||||
3 | terminating operations at the site, and recordkeeping | ||||||
4 | sufficient to
document the amount of materials received, | ||||||
5 | composted and otherwise
disposed of; and
| ||||||
6 | (6) the operation will be conducted in accordance with | ||||||
7 | any applicable
rules adopted by the Board.
| ||||||
8 | The Agency shall issue renewable permits of not longer than | ||||||
9 | 10 years
in duration for the composting of landscape wastes, as | ||||||
10 | defined in Section
3.155 of this Act, based on the above | ||||||
11 | requirements.
| ||||||
12 | The operator of any facility permitted under this | ||||||
13 | subsection (m) must
submit a written annual statement to the | ||||||
14 | Agency on or before April 1 of
each year that includes an | ||||||
15 | estimate of the amount of material, in tons,
received for | ||||||
16 | composting.
| ||||||
17 | (n) The Agency shall issue permits jointly with the | ||||||
18 | Department of
Transportation for the dredging or deposit of | ||||||
19 | material in Lake Michigan in
accordance with Section 18 of the | ||||||
20 | Rivers, Lakes, and Streams Act.
| ||||||
21 | (o) (Blank.)
| ||||||
22 | (p) (1) Any person submitting an application for a permit | ||||||
23 | for a new MSWLF
unit or for a lateral expansion under | ||||||
24 | subsection (t) of Section 21 of this Act
for an existing MSWLF | ||||||
25 | unit that has not received and is not subject to local
siting | ||||||
26 | approval under Section 39.2 of this Act shall publish notice of |
| |||||||
| |||||||
1 | the
application in a newspaper of general circulation in the | ||||||
2 | county in which the
MSWLF unit is or is proposed to be located. | ||||||
3 | The notice must be published at
least 15 days before submission | ||||||
4 | of the permit application to the Agency. The
notice shall state | ||||||
5 | the name and address of the applicant, the location of the
| ||||||
6 | MSWLF unit or proposed MSWLF unit, the nature and size of the | ||||||
7 | MSWLF unit or
proposed MSWLF unit, the nature of the activity | ||||||
8 | proposed, the probable life of
the proposed activity, the date | ||||||
9 | the permit application will be submitted, and a
statement that | ||||||
10 | persons may file written comments with the Agency concerning | ||||||
11 | the
permit application within 30 days after the filing of the | ||||||
12 | permit application
unless the time period to submit comments is | ||||||
13 | extended by the Agency.
| ||||||
14 | When a permit applicant submits information to the Agency | ||||||
15 | to supplement a
permit application being reviewed by the | ||||||
16 | Agency, the applicant shall not be
required to reissue the | ||||||
17 | notice under this subsection.
| ||||||
18 | (2) The Agency shall accept written comments concerning the | ||||||
19 | permit
application that are postmarked no later than 30 days | ||||||
20 | after the
filing of the permit application, unless the time | ||||||
21 | period to accept comments is
extended by the Agency.
| ||||||
22 | (3) Each applicant for a permit described in part (1) of | ||||||
23 | this subsection
shall file a
copy of the permit application | ||||||
24 | with the county board or governing body of the
municipality in | ||||||
25 | which the MSWLF unit is or is proposed to be located at the
| ||||||
26 | same time the application is submitted to the Agency. The |
| |||||||
| |||||||
1 | permit application
filed with the county board or governing | ||||||
2 | body of the municipality shall include
all documents submitted | ||||||
3 | to or to be submitted to the Agency, except trade
secrets as | ||||||
4 | determined under Section 7.1 of this Act. The permit | ||||||
5 | application
and other documents on file with the county board | ||||||
6 | or governing body of the
municipality shall be made available | ||||||
7 | for public inspection during regular
business hours at the | ||||||
8 | office of the county board or the governing body of the
| ||||||
9 | municipality and may be copied upon payment of the actual cost | ||||||
10 | of
reproduction.
| ||||||
11 | (q) Within 6 months after July 12, 2011 (the effective date | ||||||
12 | of Public Act 97-95), the Agency, in consultation with the | ||||||
13 | regulated community, shall develop a web portal to be posted on | ||||||
14 | its website for the purpose of enhancing review and promoting | ||||||
15 | timely issuance of permits required by this Act. At a minimum, | ||||||
16 | the Agency shall make the following information available on | ||||||
17 | the web portal: | ||||||
18 | (1) Checklists and guidance relating to the completion | ||||||
19 | of permit applications, developed pursuant to subsection | ||||||
20 | (s) of this Section, which may include, but are not limited | ||||||
21 | to, existing instructions for completing the applications | ||||||
22 | and examples of complete applications. As the Agency | ||||||
23 | develops new checklists and develops guidance, it shall | ||||||
24 | supplement the web portal with those materials. | ||||||
25 | (2) Within 2 years after July 12, 2011 (the effective | ||||||
26 | date of Public Act 97-95), permit application forms or |
| |||||||
| |||||||
1 | portions of permit applications that can be completed and | ||||||
2 | saved electronically, and submitted to the Agency | ||||||
3 | electronically with digital signatures. | ||||||
4 | (3) Within 2 years after July 12, 2011 (the effective | ||||||
5 | date of Public Act 97-95), an online tracking system where | ||||||
6 | an applicant may review the status of its pending | ||||||
7 | application, including the name and contact information of | ||||||
8 | the permit analyst assigned to the application. Until the | ||||||
9 | online tracking system has been developed, the Agency shall | ||||||
10 | post on its website semi-annual permitting efficiency | ||||||
11 | tracking reports that include statistics on the timeframes | ||||||
12 | for Agency action on the following types of permits | ||||||
13 | received after July 12, 2011 (the effective date of Public | ||||||
14 | Act 97-95): air construction permits, new NPDES permits and | ||||||
15 | associated water construction permits, and modifications | ||||||
16 | of major NPDES permits and associated water construction | ||||||
17 | permits. The reports must be posted by February 1 and | ||||||
18 | August 1 each year and shall include: | ||||||
19 | (A) the number of applications received for each | ||||||
20 | type of permit, the number of applications on which the | ||||||
21 | Agency has taken action, and the number of applications | ||||||
22 | still pending; and | ||||||
23 | (B) for those applications where the Agency has not | ||||||
24 | taken action in accordance with the timeframes set | ||||||
25 | forth in this Act, the date the application was | ||||||
26 | received and the reasons for any delays, which may |
| |||||||
| |||||||
1 | include, but shall not be limited to, (i) the | ||||||
2 | application being inadequate or incomplete, (ii) | ||||||
3 | scientific or technical disagreements with the | ||||||
4 | applicant, USEPA, or other local, state, or federal | ||||||
5 | agencies involved in the permitting approval process, | ||||||
6 | (iii) public opposition to the permit, or (iv) Agency | ||||||
7 | staffing shortages. To the extent practicable, the | ||||||
8 | tracking report shall provide approximate dates when | ||||||
9 | cause for delay was identified by the Agency, when the | ||||||
10 | Agency informed the applicant of the problem leading to | ||||||
11 | the delay, and when the applicant remedied the reason | ||||||
12 | for the delay. | ||||||
13 | (r) Upon the request of the applicant, the Agency shall | ||||||
14 | notify the applicant of the permit analyst assigned to the | ||||||
15 | application upon its receipt. | ||||||
16 | (s) The Agency is authorized to prepare and distribute | ||||||
17 | guidance documents relating to its administration of this | ||||||
18 | Section and procedural rules implementing this Section. | ||||||
19 | Guidance documents prepared under this subsection shall not be | ||||||
20 | considered rules and shall not be subject to the Illinois | ||||||
21 | Administrative Procedure Act. Such guidance shall not be | ||||||
22 | binding on any party. | ||||||
23 | (t) Except as otherwise prohibited by federal law or | ||||||
24 | regulation, any person submitting an application for a permit | ||||||
25 | may include with the application suggested permit language for | ||||||
26 | Agency consideration. The Agency is not obligated to use the |
| |||||||
| |||||||
1 | suggested language or any portion thereof in its permitting | ||||||
2 | decision. If requested by the permit applicant, the Agency | ||||||
3 | shall meet with the applicant to discuss the suggested | ||||||
4 | language. | ||||||
5 | (u) If requested by the permit applicant, the Agency shall | ||||||
6 | provide the permit applicant with a copy of the draft permit | ||||||
7 | prior to any public review period. | ||||||
8 | (v) If requested by the permit applicant, the Agency shall | ||||||
9 | provide the permit applicant with a copy of the final permit | ||||||
10 | prior to its issuance. | ||||||
11 | (w) An air pollution permit shall not be required due to | ||||||
12 | emissions of greenhouse gases, as specified by Section 9.15 of | ||||||
13 | this Act. | ||||||
14 | (x) If, before the expiration of a State operating permit | ||||||
15 | that is issued pursuant to subsection (a) of this Section and | ||||||
16 | contains federally enforceable conditions limiting the | ||||||
17 | potential to emit of the source to a level below the major | ||||||
18 | source threshold for that source so as to exclude the source | ||||||
19 | from the Clean Air Act Permit Program, the Agency receives a | ||||||
20 | complete application for the renewal of that permit, then all | ||||||
21 | of the terms and conditions of the permit shall remain in | ||||||
22 | effect until final administrative action has been taken on the | ||||||
23 | application for the renewal of the permit. | ||||||
24 | (Source: P.A. 98-284, eff. 8-9-13; 99-396, eff. 8-18-15; | ||||||
25 | 99-463, eff. 1-1-16; 99-642, eff. 7-28-16.)
|
| |||||||
| |||||||
1 | (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) | ||||||
2 | Sec. 42. Civil penalties. | ||||||
3 | (a) Except as provided in this Section, any person that | ||||||
4 | violates any
provision of this Act or any regulation adopted by | ||||||
5 | the Board, or any permit
or term or condition thereof, or that | ||||||
6 | violates any order of the Board pursuant
to this Act, shall be | ||||||
7 | liable for a civil penalty of not to exceed
$50,000 for the | ||||||
8 | violation and an additional civil penalty of not to exceed
| ||||||
9 | $10,000 for each day during which the violation continues; such | ||||||
10 | penalties may,
upon order of the Board or a court of competent | ||||||
11 | jurisdiction, be made payable
to the Environmental Protection | ||||||
12 | Trust Fund, to be used in accordance with the
provisions of the | ||||||
13 | Environmental Protection Trust Fund Act. | ||||||
14 | (b) Notwithstanding the provisions of subsection (a) of | ||||||
15 | this Section: | ||||||
16 | (1) Any person that violates Section 12(f) of this Act | ||||||
17 | or any
NPDES permit or term or condition thereof, or any | ||||||
18 | filing requirement,
regulation or order relating to the | ||||||
19 | NPDES permit program, shall be liable
to a civil penalty of | ||||||
20 | not to exceed $10,000 per day of violation. | ||||||
21 | (2) Any person that violates Section 12(g) of this Act | ||||||
22 | or any UIC permit
or term or condition thereof, or any | ||||||
23 | filing requirement, regulation or order
relating to the | ||||||
24 | State UIC program for all wells, except Class II wells as
| ||||||
25 | defined by the Board under this Act, shall be liable to a | ||||||
26 | civil penalty
not to exceed $2,500 per day of violation; |
| |||||||
| |||||||
1 | provided, however, that any person
who commits such | ||||||
2 | violations relating to the State UIC program for Class
II | ||||||
3 | wells, as defined by the Board under this Act, shall be | ||||||
4 | liable to a civil
penalty of not to exceed $10,000 for the | ||||||
5 | violation and an additional civil
penalty of not to exceed | ||||||
6 | $1,000 for each day during which the violation
continues. | ||||||
7 | (3) Any person that violates Sections 21(f), 21(g), | ||||||
8 | 21(h) or 21(i) of
this Act, or any RCRA permit or term or | ||||||
9 | condition thereof, or any filing
requirement, regulation | ||||||
10 | or order relating to the State RCRA program, shall
be | ||||||
11 | liable to a civil penalty of not to exceed $25,000 per day | ||||||
12 | of violation. | ||||||
13 | (4)
In an administrative citation action under Section | ||||||
14 | 31.1 of this Act,
any person found to have violated any | ||||||
15 | provision of subsection (o) of
Section 21 of this Act shall | ||||||
16 | pay a civil penalty of $500 for each
violation of each such | ||||||
17 | provision, plus any hearing costs incurred by the Board
and | ||||||
18 | the Agency. Such penalties shall be made payable to the | ||||||
19 | Environmental
Protection Trust Fund, to be used in | ||||||
20 | accordance with the provisions of the
Environmental | ||||||
21 | Protection Trust Fund Act; except that if a unit of local
| ||||||
22 | government issued the administrative citation, 50% of the | ||||||
23 | civil penalty shall
be payable to the unit of local | ||||||
24 | government. | ||||||
25 | (4-5) In an administrative citation action under | ||||||
26 | Section 31.1 of this
Act, any person found to have violated |
| |||||||
| |||||||
1 | any
provision of subsection (p) of
Section 21, Section | ||||||
2 | 22.51, Section 22.51a, or subsection (k) of Section 55 of | ||||||
3 | this Act , or any rule adopted under Section 22.51 or | ||||||
4 | Section 22.51a of this Act, shall pay a civil penalty of | ||||||
5 | $1,500 for each violation
of
each such provision, plus any | ||||||
6 | hearing costs incurred by the Board and the
Agency, except | ||||||
7 | that the civil penalty amount shall be $3,000 for
each | ||||||
8 | violation of any provision of subsection (p) of Section 21, | ||||||
9 | Section 22.51, Section 22.51a, or subsection (k) of Section | ||||||
10 | 55 , or any rule adopted under Section 22.51 or Section | ||||||
11 | 22.51a of this Act, that is the
person's second or | ||||||
12 | subsequent adjudicated adjudication violation of that
| ||||||
13 | provision. The penalties shall be deposited into the
| ||||||
14 | Environmental Protection Trust Fund, to be used in | ||||||
15 | accordance with the
provisions of the Environmental | ||||||
16 | Protection Trust Fund Act; except that if a
unit of local | ||||||
17 | government issued the administrative citation, 50% of the | ||||||
18 | civil
penalty shall be payable to the unit of local | ||||||
19 | government. | ||||||
20 | (5) Any person who violates subsection 6 of Section | ||||||
21 | 39.5 of this Act
or any CAAPP permit, or term or condition | ||||||
22 | thereof, or any fee or filing
requirement, or any duty to | ||||||
23 | allow or carry out inspection, entry or
monitoring | ||||||
24 | activities, or any regulation or order relating to the | ||||||
25 | CAAPP
shall be liable for a civil penalty not to exceed | ||||||
26 | $10,000 per day of violation. |
| |||||||
| |||||||
1 | (6) Any owner or operator of a community water system | ||||||
2 | that violates subsection (b) of Section 18.1 or subsection | ||||||
3 | (a) of Section 25d-3 of this Act shall, for each day of | ||||||
4 | violation, be liable for a civil penalty not to exceed $5 | ||||||
5 | for each of the premises connected to the affected | ||||||
6 | community water system. | ||||||
7 | (7) Any person who violates Section 52.5 of this Act | ||||||
8 | shall be liable for a civil penalty of up to $1,000 for the | ||||||
9 | first violation of that Section and a civil penalty of up | ||||||
10 | to $2,500 for a second or subsequent violation of that | ||||||
11 | Section. | ||||||
12 | (b.5) In lieu of the penalties set forth in subsections (a) | ||||||
13 | and (b) of
this Section, any person who fails to file, in a | ||||||
14 | timely manner, toxic
chemical release forms with the Agency | ||||||
15 | pursuant to Section 25b-2
of this Act
shall be liable for a | ||||||
16 | civil penalty of $100 per day for
each day the forms are
late, | ||||||
17 | not to exceed a maximum total penalty of $6,000. This daily | ||||||
18 | penalty
shall begin accruing on the thirty-first day after the
| ||||||
19 | date that the person receives the warning notice issued by the | ||||||
20 | Agency pursuant
to Section 25b-6 of this Act; and the penalty | ||||||
21 | shall be paid to the Agency. The
daily accrual of penalties | ||||||
22 | shall cease as of January 1 of the following year.
All | ||||||
23 | penalties collected by the Agency pursuant to this subsection | ||||||
24 | shall be
deposited into the Environmental Protection Permit and | ||||||
25 | Inspection Fund. | ||||||
26 | (c) Any person that violates this Act, any rule or |
| |||||||
| |||||||
1 | regulation adopted under
this Act, any permit or term or | ||||||
2 | condition of a permit, or any Board order and
causes the death | ||||||
3 | of fish
or aquatic life shall, in addition to the other | ||||||
4 | penalties provided by
this Act, be liable to pay to the State | ||||||
5 | an additional sum for the
reasonable value of the fish or | ||||||
6 | aquatic life destroyed. Any money so
recovered shall be placed | ||||||
7 | in the Wildlife and Fish Fund in the State
Treasury. | ||||||
8 | (d) The penalties provided for in this Section may be | ||||||
9 | recovered in a
civil action. | ||||||
10 | (e) The State's Attorney of the county in which the | ||||||
11 | violation
occurred, or the Attorney General, may, at the | ||||||
12 | request of the Agency or
on his own motion, institute a civil | ||||||
13 | action for an injunction, prohibitory or mandatory, to
restrain | ||||||
14 | violations of this Act, any rule or regulation adopted under | ||||||
15 | this Act,
any permit or term or condition of a permit, or any | ||||||
16 | Board order, or to require such other actions as may be | ||||||
17 | necessary to address violations of this Act, any rule or | ||||||
18 | regulation adopted under this Act, any permit or term or | ||||||
19 | condition of a permit, or any Board order. | ||||||
20 | (f) The State's Attorney of the county in which the | ||||||
21 | violation
occurred, or the Attorney General, shall bring such | ||||||
22 | actions in the name
of the people of the State of Illinois.
| ||||||
23 | Without limiting any other authority which may exist for the | ||||||
24 | awarding
of attorney's fees and costs, the Board or a court of | ||||||
25 | competent
jurisdiction may award costs and reasonable | ||||||
26 | attorney's fees, including the
reasonable costs of expert |
| |||||||
| |||||||
1 | witnesses and consultants, to the State's
Attorney or the | ||||||
2 | Attorney General in a case where he has prevailed against a
| ||||||
3 | person who has committed a willful wilful , knowing , or repeated | ||||||
4 | violation of this Act,
any rule or regulation adopted under | ||||||
5 | this Act, any permit or term or condition
of a permit, or any | ||||||
6 | Board order. | ||||||
7 | Any funds collected under this subsection (f) in which the | ||||||
8 | Attorney
General has prevailed shall be deposited in the
| ||||||
9 | Hazardous Waste Fund created in Section 22.2 of this Act. Any | ||||||
10 | funds
collected under this subsection (f) in which a State's | ||||||
11 | Attorney has
prevailed shall be retained by the county in which | ||||||
12 | he serves. | ||||||
13 | (g) All final orders imposing civil penalties pursuant to | ||||||
14 | this Section
shall prescribe the time for payment of such | ||||||
15 | penalties. If any such
penalty is not paid within the time | ||||||
16 | prescribed, interest on such penalty
at the rate set forth in | ||||||
17 | subsection (a) of Section 1003 of the Illinois Income
Tax Act, | ||||||
18 | shall be paid for the period from the date payment is due until | ||||||
19 | the
date payment is received. However, if the time for payment | ||||||
20 | is stayed during
the pendency of an appeal, interest shall not | ||||||
21 | accrue during such stay. | ||||||
22 | (h) In determining the appropriate civil penalty to be | ||||||
23 | imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), | ||||||
24 | (b)(5), (b)(6), or (b)(7) of this
Section, the Board is | ||||||
25 | authorized to consider any matters of record in
mitigation or | ||||||
26 | aggravation of penalty, including , but not limited to , the
|
| |||||||
| |||||||
1 | following factors: | ||||||
2 | (1) the duration and gravity of the violation; | ||||||
3 | (2) the presence or absence of due diligence on the | ||||||
4 | part of the
respondent in attempting to comply with | ||||||
5 | requirements of this
Act and regulations thereunder or to | ||||||
6 | secure relief therefrom as provided by
this Act; | ||||||
7 | (3) any economic benefits accrued by the respondent
| ||||||
8 | because of delay in compliance with requirements, in which | ||||||
9 | case the economic
benefits shall be determined by the | ||||||
10 | lowest cost alternative for achieving
compliance; | ||||||
11 | (4) the amount of monetary penalty which will serve to | ||||||
12 | deter further
violations by the respondent and to otherwise | ||||||
13 | aid in enhancing
voluntary
compliance with this Act by the | ||||||
14 | respondent and other persons
similarly
subject to the Act; | ||||||
15 | (5) the number, proximity in time, and gravity of | ||||||
16 | previously
adjudicated violations of this Act by the | ||||||
17 | respondent; | ||||||
18 | (6) whether the respondent voluntarily self-disclosed, | ||||||
19 | in accordance
with subsection (i) of this Section, the | ||||||
20 | non-compliance to the Agency; | ||||||
21 | (7) whether the respondent has agreed to undertake a | ||||||
22 | "supplemental
environmental project " , " which means an | ||||||
23 | environmentally beneficial project that
a respondent | ||||||
24 | agrees to undertake in settlement of an enforcement action | ||||||
25 | brought
under this Act, but which the respondent is not | ||||||
26 | otherwise legally required to
perform; and |
| |||||||
| |||||||
1 | (8) whether the respondent has successfully completed | ||||||
2 | a Compliance Commitment Agreement under subsection (a) of | ||||||
3 | Section 31 of this Act to remedy the violations that are | ||||||
4 | the subject of the complaint. | ||||||
5 | In determining the appropriate civil penalty to be imposed | ||||||
6 | under subsection
(a) or paragraph (1), (2), (3), (5), (6), or | ||||||
7 | (7) of subsection (b) of this Section, the
Board shall ensure, | ||||||
8 | in all cases, that the penalty is at least as great as the
| ||||||
9 | economic benefits, if any, accrued by the respondent as a | ||||||
10 | result of the
violation, unless the Board finds that imposition | ||||||
11 | of such penalty would result
in an arbitrary or unreasonable | ||||||
12 | financial hardship. However, such civil
penalty
may be off-set | ||||||
13 | in whole or in part pursuant to a supplemental
environmental | ||||||
14 | project agreed to by the complainant and the respondent. | ||||||
15 | (i) A person who voluntarily self-discloses non-compliance | ||||||
16 | to the Agency,
of which the Agency had been unaware, is | ||||||
17 | entitled to a 100% reduction in the
portion of the penalty that | ||||||
18 | is not based on the economic benefit of
non-compliance if the | ||||||
19 | person can
establish the following: | ||||||
20 | (1) that either the regulated entity is a small entity | ||||||
21 | or the non-compliance was discovered through an | ||||||
22 | environmental
audit or a compliance management system | ||||||
23 | documented by the regulated entity as
reflecting the | ||||||
24 | regulated entity's due diligence in preventing, detecting, | ||||||
25 | and
correcting violations; | ||||||
26 | (2) that the non-compliance was disclosed in writing |
| |||||||
| |||||||
1 | within 30 days of
the date on which the person discovered | ||||||
2 | it; | ||||||
3 | (3) that the non-compliance was discovered and | ||||||
4 | disclosed prior to: | ||||||
5 | (i) the commencement of an Agency inspection, | ||||||
6 | investigation, or request
for information; | ||||||
7 | (ii) notice of a citizen suit; | ||||||
8 | (iii) the filing of a complaint by a citizen, the | ||||||
9 | Illinois Attorney
General, or the State's Attorney of | ||||||
10 | the county in which the violation occurred; | ||||||
11 | (iv) the reporting of the non-compliance by an | ||||||
12 | employee of the person
without that person's | ||||||
13 | knowledge; or | ||||||
14 | (v) imminent discovery of the non-compliance by | ||||||
15 | the Agency; | ||||||
16 | (4) that the non-compliance is being corrected and any | ||||||
17 | environmental
harm is being remediated in a timely fashion; | ||||||
18 | (5) that the person agrees to prevent a recurrence of | ||||||
19 | the non-compliance; | ||||||
20 | (6) that no related non-compliance events have | ||||||
21 | occurred in the
past 3 years at the same facility or in the | ||||||
22 | past 5 years as part of a
pattern at multiple facilities | ||||||
23 | owned or operated by the person; | ||||||
24 | (7) that the non-compliance did not result in serious | ||||||
25 | actual
harm or present an imminent and substantial | ||||||
26 | endangerment to human
health or the environment or violate |
| |||||||
| |||||||
1 | the specific terms of any judicial or
administrative order | ||||||
2 | or consent agreement; | ||||||
3 | (8) that the person cooperates as reasonably requested | ||||||
4 | by the Agency
after the disclosure; and | ||||||
5 | (9) that the non-compliance was identified voluntarily | ||||||
6 | and not through a
monitoring, sampling, or auditing | ||||||
7 | procedure that is required by statute, rule,
permit, | ||||||
8 | judicial or administrative order, or consent agreement. | ||||||
9 | If a person can establish all of the elements under this | ||||||
10 | subsection except
the element set forth in paragraph (1) of | ||||||
11 | this subsection, the person is
entitled to a 75% reduction in | ||||||
12 | the portion of the penalty that is not based
upon the economic | ||||||
13 | benefit of non-compliance. | ||||||
14 | For the purposes of this subsection (i), "small entity" has | ||||||
15 | the same meaning as in Section 221 of the federal Small | ||||||
16 | Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. | ||||||
17 | 601). | ||||||
18 | (j) In addition to any other remedy or penalty that may
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19 | apply, whether civil or criminal, any person who violates | ||||||
20 | Section 22.52 of this Act shall be liable for an additional | ||||||
21 | civil penalty of up to 3 times the gross amount of any | ||||||
22 | pecuniary gain resulting from the violation.
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23 | (k) In addition to any other remedy or penalty that may | ||||||
24 | apply, whether civil or criminal, any person who violates | ||||||
25 | subdivision (a)(7.6) of Section 31 of this Act shall be liable | ||||||
26 | for an additional civil penalty of $2,000. |
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1 | (Source: P.A. 99-934, eff. 1-27-17; 100-436, eff. 8-25-17; | ||||||
2 | revised 1-22-18.)
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3 | (415 ILCS 5/58.19 new) | ||||||
4 | Sec. 58.19. Concentrations of inorganic chemicals in | ||||||
5 | background soils. | ||||||
6 | (a) No later than January 1, 2019, the Agency shall: | ||||||
7 | (1) review available peer-reviewed data and surveys | ||||||
8 | concerning the statewide area background concentrations of | ||||||
9 | the inorganic chemicals listed in Table G of Appendix A of | ||||||
10 | 35 Ill. Adm. Code 742, including, but not limited to, | ||||||
11 | Illinois State Geological Survey Circular 590 (2017), | ||||||
12 | "Inorganic Chemical Composition of Illinois Soils"; | ||||||
13 | (2) use the information reviewed under paragraph (1) | ||||||
14 | and one or more statistically valid methods to determine | ||||||
15 | the statewide area background concentrations of the | ||||||
16 | inorganic chemicals listed in Table G of Appendix A of 35 | ||||||
17 | Ill. Adm. Code 742; and | ||||||
18 | (3) submit to the Board any proposed revisions to Table | ||||||
19 | G of Appendix A of 35 Ill. Adm. Code 742 that the Agency | ||||||
20 | deems necessary for the values in that table to reflect | ||||||
21 | statewide area background concentrations of the listed | ||||||
22 | chemicals. | ||||||
23 | (b) Within one year after receipt of the Agency's proposal, | ||||||
24 | the Board shall adopt revisions to Table G of Appendix A of 35 | ||||||
25 | Ill. Adm. Code 742 that are based upon the proposal submitted |
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1 | to the Board under subsection (a) of this Section. | ||||||
2 | (c) On and after the adoption of rules under subsection | ||||||
3 | (b), if a clean construction or demolition debris fill | ||||||
4 | operation or an uncontaminated soil fill operation is found to | ||||||
5 | have exceeded any of the concentrations under Table G of | ||||||
6 | Appendix A of 35 Ill. Adm. Code 742 on 3 separate occasions, | ||||||
7 | then the Agency may: (1) close the clean construction or | ||||||
8 | demolition debris fill operation or the uncontaminated soil | ||||||
9 | fill operation; or (2) impose groundwater monitoring on the | ||||||
10 | clean construction or demolition debris fill operation or the | ||||||
11 | uncontaminated soil fill operation. This subsection applies to | ||||||
12 | aggregate violations if an owner or operator owns or operates | ||||||
13 | multiple clean construction or demolition debris fill | ||||||
14 | operations or uncontaminated soil fill operations. The Agency | ||||||
15 | may adopt any rules necessary to implement this subsection.
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
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