Bill Amendment: IL SB0009 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: COAL ASH POLLUTION PREVENTION
Status: 2019-07-30 - Public Act . . . . . . . . . 101-0171 [SB0009 Detail]
Download: Illinois-2019-SB0009-Senate_Amendment_001.html
Bill Title: COAL ASH POLLUTION PREVENTION
Status: 2019-07-30 - Public Act . . . . . . . . . 101-0171 [SB0009 Detail]
Download: Illinois-2019-SB0009-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 9
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2 | AMENDMENT NO. ______. Amend Senate Bill 9 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Coal | ||||||
5 | Ash Pollution Prevention Act.
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6 | Section 2. Findings and construction. The General Assembly | ||||||
7 | finds that a clean environment is essential to the continuing | ||||||
8 | growth and well-being of Illinois' economy and its people. This | ||||||
9 | Act shall be interpreted broadly to prevent pollution from the | ||||||
10 | many coal ash dumps threatening the public health and | ||||||
11 | environment throughout Illinois. It is intended to be more | ||||||
12 | stringent than federal requirements, which, at the time of this | ||||||
13 | Act's enactment, continue to leave Illinoisans and our | ||||||
14 | environment at risk.
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15 | Section 5. Definitions. In this Act: |
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1 | "Agency" means the Illinois Environmental Protection | ||||||
2 | Agency. | ||||||
3 | "CCR landfill" means an area of land or an excavation that | ||||||
4 | receives, or has received, CCR and is not a CCR surface | ||||||
5 | impoundment, underground injection well, salt dome formation, | ||||||
6 | salt bed formation, underground or surface coal mine, or cave. | ||||||
7 | "CCR landfill" includes CCR piles. | ||||||
8 | "CCR surface impoundment" means a natural topographic | ||||||
9 | depression, man-made excavation, quarry, or diked area that (i) | ||||||
10 | is designed, or has been used, to hold an accumulation of CCR | ||||||
11 | and liquids, and (ii) treats, stores, or disposes of CCR, | ||||||
12 | regardless of whether CCR continues to be added to the | ||||||
13 | impoundment. | ||||||
14 | "CCR unit" means any CCR landfill, CCR surface impoundment, | ||||||
15 | lateral expansion of a CCR unit, or combination of 2 or more of | ||||||
16 | those units. "CCR unit" includes any CCR below the unit | ||||||
17 | boundary of the CCR landfill or CCR surface impoundment. | ||||||
18 | "Coal combustion residuals" or "CCR" means fly ash, bottom | ||||||
19 | ash, boiler slag, or flue gas desulfurization materials | ||||||
20 | generated from burning coal for the purpose of generating | ||||||
21 | electricity for sale by an electric utility or for use by a | ||||||
22 | private corporation. | ||||||
23 | "CCR pile" means any non-containerized accumulation of | ||||||
24 | solid, non-flowing CCR that is placed on the land, but does not | ||||||
25 | include any CCR stored for beneficial use under subsection (c) | ||||||
26 | of Section 40. |
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1 | "CCR pollutants" means antimony, arsenic, barium, | ||||||
2 | beryllium, boron, cadmium, chromium, cobalt, fluoride, lead, | ||||||
3 | lithium, mercury, molybdenum, selenium, thallium, and radium | ||||||
4 | 226 and 228 combined. | ||||||
5 | "Director" means the Director of the Illinois | ||||||
6 | Environmental Protection Agency. | ||||||
7 | "Encapsulated beneficial use" means a beneficial use of CCR | ||||||
8 | that binds the CCR into a solid matrix and minimizes its | ||||||
9 | mobilization into the surrounding environment. | ||||||
10 | "Lined CCR unit" means any CCR unit with a liner meeting | ||||||
11 | the specifications of 40 C.F.R. 257.71(a)(1)(ii) or | ||||||
12 | 257.71(a)(1)(iii). | ||||||
13 | "LEAF leach test" means the U.S. Environmental Protection | ||||||
14 | Agency's Leaching Environmental Assessment Framework ("LEAF"), | ||||||
15 | EPA Methods 1313 and 1314. | ||||||
16 | "Location standards" means: | ||||||
17 | For CCR surface impoundments, the location restrictions | ||||||
18 | set out at 40 C.F.R. 257.60 through 257.64 as promulgated by | ||||||
19 | the U.S. Environmental Protection Agency on April 17, 2015, in | ||||||
20 | "Hazardous and Solid Waste Management System; Disposal of Coal | ||||||
21 | Combustion Residuals from Electric Utilities," 80 Fed. Reg. | ||||||
22 | 21,302, 21,471-21,473, as well as a prohibition on being | ||||||
23 | located, in whole or in part, in the 100-year floodplain. | ||||||
24 | For CCR landfills, the location restriction for unstable | ||||||
25 | areas set out at 40 C.F.R. 257.64 as promulgated by the U.S. | ||||||
26 | Environmental Protection Agency on April 17, 2015, in |
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1 | "Hazardous and Solid Waste Management System; Disposal of Coal | ||||||
2 | Combustion Residuals from Electric Utilities," 80 Fed. Reg. | ||||||
3 | 21,302, 21,473, as well as a prohibition on being located, in | ||||||
4 | whole or in part, in the 100-year floodplain. | ||||||
5 | "Operator" or "owner or operator" means any person that | ||||||
6 | owns or operates, solely or with other persons, any CCR unit. | ||||||
7 | "Person" means any individual, partnership, | ||||||
8 | co-partnership, firm, company, limited liability company, | ||||||
9 | corporation, association, joint stock company, trust, estate, | ||||||
10 | political subdivision, State agency, or any other legal entity, | ||||||
11 | or their legal representative, agent, or assigns. | ||||||
12 | "Potential environmental justice community" means a | ||||||
13 | community where the low-income or minority population | ||||||
14 | percentage is greater than the statewide average. | ||||||
15 | "Prevailing wage" has the meaning given for "prevailing | ||||||
16 | rate of wage" in Section 2 of the Prevailing Wage Act. | ||||||
17 | "Safety factors" means the factors of safety set out at 40 | ||||||
18 | C.F.R 257.74(e)(i) through (v). | ||||||
19 | "Sole Source Aquifer" means an aquifer determined by the | ||||||
20 | U.S. Environmental Protection Agency to be a Sole Source | ||||||
21 | Aquifer under 1424(e) of the Safe Drinking Water Act of 1974. | ||||||
22 | "Sole Source Aquifer" includes, but is not limited to, the | ||||||
23 | Mahomet Aquifer. | ||||||
24 | "Statistically significant increase" means: | ||||||
25 | For CCR Pollutants for which a groundwater protection | ||||||
26 | standard has been set by the U.S. Environmental Protection |
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1 | Agency under 40 C.F.R. 257.95(h), any statistically | ||||||
2 | significant increase over that groundwater protection standard | ||||||
3 | as determined under 40 C.F.R. 257.95(h). | ||||||
4 | For CCR Pollutants for which no groundwater protection | ||||||
5 | standard has been set by the U.S. Environmental Protection | ||||||
6 | Agency under 40 C.F.R. 257.95(h), a statistically significant | ||||||
7 | increase, as determined under 40 C.F.R. 257.93(f),(g),and | ||||||
8 | (h)(1), in that CCR pollutant above the Class I groundwater | ||||||
9 | standard for that pollutant set out in Section 620.410 of Title | ||||||
10 | 35 of the Illinois Administrative Code. | ||||||
11 | "Unlined CCR unit" means any CCR unit that is not a lined | ||||||
12 | CCR unit.
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13 | Section 10. Powers and duties. | ||||||
14 | (a) Except as otherwise provided, the Agency shall enforce | ||||||
15 | this Act and any rules, regulations, or orders adopted in | ||||||
16 | accordance with this Act. | ||||||
17 | (b) Except as otherwise provided, the Agency shall have | ||||||
18 | jurisdiction and authority over all persons and property | ||||||
19 | necessary to effectively enforce the provisions of this Act. In | ||||||
20 | aid of this jurisdiction, the Director, or anyone designated in | ||||||
21 | writing by the Director, shall have the authority to administer | ||||||
22 | oaths and to issue subpoenas for the production of records or | ||||||
23 | other documents and for the attendance of witnesses at any | ||||||
24 | proceedings of the Agency. | ||||||
25 | (c) The Agency may authorize any employee of the Agency |
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1 | qualified by training and experience to perform the powers and | ||||||
2 | duties set forth in this Act. | ||||||
3 | (d) For the purpose of determining compliance with the | ||||||
4 | provisions of this Act and any orders or rules entered or | ||||||
5 | adopted under this Act, the Agency shall have the right at all | ||||||
6 | times to go upon and inspect properties where CCR is or has | ||||||
7 | been generated, stored, disposed of, transported, or | ||||||
8 | beneficially used. | ||||||
9 | (e) The Agency shall have the authority and it shall be the | ||||||
10 | Agency's duty to make such inquiries as the Director may think | ||||||
11 | proper to determine whether or not a violation of this Act or | ||||||
12 | any orders or rules entered or adopted under this Act exists or | ||||||
13 | is imminent. In the exercise of these powers, the Agency has | ||||||
14 | the authority to: | ||||||
15 | (1) collect data; | ||||||
16 | (2) require testing and sampling; | ||||||
17 | (3) make investigation and inspection; | ||||||
18 | (4) examine properties, including records and logs; | ||||||
19 | (5) hold hearings; | ||||||
20 | (6) adopt administrative rules; and | ||||||
21 | (7) take any action reasonably necessary to enforce | ||||||
22 | this Act. | ||||||
23 | (f) The Agency may specify the manner in which all | ||||||
24 | information required under this Act is to be submitted. | ||||||
25 | (g) The Agency shall specify the fees to be submitted with | ||||||
26 | all proposals required by this Act, including closure plans, |
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1 | corrective action plans, applications for CCR transport | ||||||
2 | permits, applications for beneficial use permits, and | ||||||
3 | evaluation of alternatives analyses for landfill disposal of | ||||||
4 | CCR. The fee to accompany those proposals shall be | ||||||
5 | non-refundable and in an amount adequate to cover the costs the | ||||||
6 | Agency incurs in reviewing and issuing or denying the proposal, | ||||||
7 | including, but not limited to, the costs of: | ||||||
8 | (1) reviewing the proposal and accompanying materials, | ||||||
9 | as well as any public comments or testimony offered on the | ||||||
10 | proposal; | ||||||
11 | (2) holding a public hearing on the proposal in | ||||||
12 | accordance with Section 65; and | ||||||
13 | (3) drafting the permit or the denial of the proposal. | ||||||
14 | The Agency shall review and, if necessary, revise the fees | ||||||
15 | for proposals under this Act on an annual basis.
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16 | Section 15. CCR units; closure by removal. | ||||||
17 | (a) An owner or operator of an unlined CCR unit, as | ||||||
18 | determined under subsection (d), a CCR unit that does not meet | ||||||
19 | the location standards as determined under subsection (e), a | ||||||
20 | CCR surface impoundment that does not meet the safety factors | ||||||
21 | as determined under subsection (f), and a CCR unit at which a | ||||||
22 | statistically significant increase in any CCR pollutant has | ||||||
23 | been identified, shall close the CCR unit by: | ||||||
24 | (1) halting the placement of CCR in the CCR unit; | ||||||
25 | (2) removing all CCR from the CCR unit; and |
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1 | (3) either: | ||||||
2 | (A) using the CCR in encapsulated beneficial use; | ||||||
3 | or | ||||||
4 | (B) disposing of the CCR in a permitted landfill on | ||||||
5 | the property upon which the CCR unit is located, | ||||||
6 | adjacent to the property upon which the CCR unit is | ||||||
7 | located, or off of the property on which the CCR unit | ||||||
8 | is located, that: | ||||||
9 | (i) meets all location standards for CCR | ||||||
10 | surface impoundments; | ||||||
11 | (ii) is not located over a sole source aquifer; | ||||||
12 | (iii) has a leachate collection system that | ||||||
13 | meets or exceeds the federal criteria for a | ||||||
14 | municipal solid waste landfills under 40 C.F.R. | ||||||
15 | Part 258; and | ||||||
16 | (iv) meets all requirements for lined CCR | ||||||
17 | landfills set forth at 40 C.F.R. Part 257 except as | ||||||
18 | otherwise specified herein. | ||||||
19 | (b) An owner or operator of a CCR unit required to close by | ||||||
20 | removal under subsection (a) shall, within 6 months of the | ||||||
21 | effective date of this Act, halt the placement of CCR in those | ||||||
22 | CCR units and begin removal of the CCR in those CCR units. | ||||||
23 | An owner or operator shall complete the removal of CCR from | ||||||
24 | the CCR unit no later than 15 years after initiating the | ||||||
25 | closure process at that CCR unit. | ||||||
26 | (c) The Agency shall issue a confirmation of completion of |
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1 | closure before financial assurance under Section 75 may be | ||||||
2 | released. | ||||||
3 | (d) Within 60 days after the effective date of this Act, | ||||||
4 | the operator of a CCR unit shall submit to the Agency the | ||||||
5 | following: | ||||||
6 | (1) a determination, prepared and certified by a | ||||||
7 | professional engineer licensed in Illinois, specifying | ||||||
8 | whether the CCR unit meets the definition in this Act of a | ||||||
9 | lined CCR unit; and | ||||||
10 | (2) documentation supporting that determination. | ||||||
11 | The determination and supporting documentation shall be | ||||||
12 | posted on the Agency's website as well as a publicly accessible | ||||||
13 | website that does not require registration and is operated by | ||||||
14 | the operator of the CCR unit. | ||||||
15 | (e) Within 60 days after the effective date of this Act, an | ||||||
16 | operator of a CCR unit must submit to the Agency the following: | ||||||
17 | (1) a determination, prepared and certified by a | ||||||
18 | professional engineer licensed in Illinois, specifying | ||||||
19 | whether the CCR unit meets the location standards, which of | ||||||
20 | the location standards the CCR unit meets, and which it | ||||||
21 | does not meet; and | ||||||
22 | (2) documentation supporting that determination. | ||||||
23 | The determination and supporting documentation shall be | ||||||
24 | posted on the Agency's website as well as a publicly accessible | ||||||
25 | website that does not require registration and is operated by | ||||||
26 | the operator of the CCR unit. |
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1 | (f) To determine whether a CCR surface impoundment meets | ||||||
2 | the safety factors, a professional engineer licensed in | ||||||
3 | Illinois shall assess whether the critical cross section of the | ||||||
4 | embankment of the CCR surface impoundment achieves the safety | ||||||
5 | factors. The safety factor assessments must be supported by | ||||||
6 | appropriate engineering calculations. All safety factor | ||||||
7 | assessments and supporting calculations and documentation | ||||||
8 | shall be submitted to the Agency within 60 days after the | ||||||
9 | effective date of this Act. The safety factor assessment and | ||||||
10 | supporting documentation shall be posted on the Agency's | ||||||
11 | website as well as a publicly accessible website operated by | ||||||
12 | the operator of the CCR unit that does not require | ||||||
13 | registration. | ||||||
14 | In this subsection, "critical cross section" means the | ||||||
15 | cross section anticipated to be the most susceptible of all | ||||||
16 | cross sections to structural failure based on appropriate | ||||||
17 | engineering considerations, including loading conditions. | ||||||
18 | (g) If a person has information indicating that any liner | ||||||
19 | status determination, location standards determination, or | ||||||
20 | safety factor assessment submitted by an operator under this | ||||||
21 | Section inaccurately concludes that the CCR unit is a lined CCR | ||||||
22 | unit, meets location standards, or meets the applicable safety | ||||||
23 | factors, that person may submit that information to the Agency. | ||||||
24 | The Agency shall review the information submitted, provide | ||||||
25 | it to the operator of the CCR unit at issue, and make a | ||||||
26 | determination of whether the documentation submitted by the |
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1 | operator is inaccurate. If the Agency so concludes, it shall | ||||||
2 | inform the operator and the person who provided the information | ||||||
3 | under this Section of that decision, post the decision on its | ||||||
4 | website, and direct the operator of the CCR unit at issue to | ||||||
5 | comply with applicable requirements of this Act.
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6 | Section 20. Closure plan. | ||||||
7 | (a) An operator of a CCR unit required to close by removal | ||||||
8 | under Section 15 must submit a closure plan to the Agency | ||||||
9 | within 3 months after the effective date of this Act. | ||||||
10 | (b) The closure plan must specify measures that the | ||||||
11 | operator will take to limit water pollution and air pollution | ||||||
12 | from the CCR unit while removal of the CCR is ongoing. Those | ||||||
13 | measures shall include, but are not limited to, the following: | ||||||
14 | (1) Measures to control CCR dust at the site during | ||||||
15 | removal, including, but not limited to: covering CCR | ||||||
16 | transport trucks; limiting the distance that CCR is dropped | ||||||
17 | from any storage facility or equipment into trucks or other | ||||||
18 | storage facilities; using water sprays or chemical | ||||||
19 | suppressants to limit dust during removal; loading, | ||||||
20 | unloading, or transfer operations; and suspending loading, | ||||||
21 | unloading, or transfer operations during high winds. | ||||||
22 | (2) Measures to minimize risk to workers while removal | ||||||
23 | is taking place, including, but not limited to: properly | ||||||
24 | located, calibrated, and operated dust monitors, checked | ||||||
25 | at determined intervals; provision of dust masks and suits |
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1 | for use during removal; enclosed areas set back from the | ||||||
2 | CCR unit where workers can store and change into regular | ||||||
3 | clothing; protected areas for workers to take breaks or eat | ||||||
4 | meals; and training for workers before they begin removal | ||||||
5 | activities about the contents and dangers of CCR dust, how | ||||||
6 | to protect against those dangers, and who to contact if | ||||||
7 | dust controls are not working. | ||||||
8 | (3) Measures to minimize the release of any CCR into | ||||||
9 | surface waters while removal is ongoing, which may include, | ||||||
10 | but are not limited to, silt dams, silt curtains, or | ||||||
11 | temporary barriers between the CCR unit and the surface | ||||||
12 | water. | ||||||
13 | (c) Together with any supporting materials, the closure | ||||||
14 | plan shall be posted by the Agency on its website and made | ||||||
15 | available for public review, comment, and public hearing, if | ||||||
16 | requested, consistent with Sections 55, 60, and 65. The owner | ||||||
17 | or operator that submits the closure plan shall also post the | ||||||
18 | closure plan and any supporting materials on a publicly | ||||||
19 | accessible website, that has no registration requirements, | ||||||
20 | until the Agency has issued an approved closure plan. | ||||||
21 | (d) The Agency shall only approve a closure plan if it | ||||||
22 | complies with the requirements of this Act. The Agency shall | ||||||
23 | review the closure plan and make any changes it deems necessary | ||||||
24 | to ensure compliance with this Act. In evaluating whether any | ||||||
25 | changes to the closure plan are needed, the Agency shall | ||||||
26 | consider the following: |
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1 | (1) The closure plan and all supporting documentation. | ||||||
2 | (2) All written comments received during the public | ||||||
3 | comment period on the closure plan. | ||||||
4 | (3) If applicable, testimony from any public hearing | ||||||
5 | held under Section 65. | ||||||
6 | Within 90 days after receiving the closure plan, the Agency | ||||||
7 | shall approve the plan or approve it with any modifications the | ||||||
8 | Agency deems necessary to ensure compliance with this Act. The | ||||||
9 | Agency shall post the approved closure plan on its website, and | ||||||
10 | the owner or operator who submits the closure plan shall post | ||||||
11 | the approved closure plan on a publicly accessible website that | ||||||
12 | has no registration requirements. | ||||||
13 | The Agency's approval of the approved closure plan under | ||||||
14 | this Section shall be considered a final administrative | ||||||
15 | decision subject to judicial review under the Administrative | ||||||
16 | Review Law and the rules adopted under that Law.
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17 | Section 25. Local workers. | ||||||
18 | (a) An entity conducting closure activities, including | ||||||
19 | removal of CCR, transport of CCR, or corrective action to | ||||||
20 | remediate CCR pollution as set forth in Sections 15, 30, and | ||||||
21 | 50, shall, to the maximum extent practicable, utilize local | ||||||
22 | labor and ensure that the work is performed by responsible | ||||||
23 | contractors and subcontractors that pay workers, as evidenced | ||||||
24 | by payroll and employee records, the prevailing wage and fair | ||||||
25 | benefits, including employee health care coverage, pension or |
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1 | 401(k) benefits, and certified apprenticeship programs. | ||||||
2 | (b) A contractor or subcontractor shall keep a record of | ||||||
3 | observing all local, State, and federal laws, including laws | ||||||
4 | pertaining to withholding taxes, minimum and overtime wages, | ||||||
5 | workers' compensation insurance, and occupational health and | ||||||
6 | safety. A contractor working on the project shall keep an | ||||||
7 | up-to-date list of its subcontractors.
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8 | Section 30. CCR transport. | ||||||
9 | (a) A CCR transport truck must carry manifests specifying, | ||||||
10 | for each load of CCR transported, the following: | ||||||
11 | (1) The volume of the CCR. | ||||||
12 | (2) The location from which the CCR was loaded onto the | ||||||
13 | truck and the date the loading took place. | ||||||
14 | (3) The location where the CCR is being taken and the | ||||||
15 | date it will be delivered. | ||||||
16 | (4) A warning of the hazards of inhalation or ingestion | ||||||
17 | of CCR, instructions on how to prevent inhalation or | ||||||
18 | ingestion of CCR, and what to do if CCR is inhaled or | ||||||
19 | ingested. | ||||||
20 | (b) The operator of a CCR unit from which CCR is removed | ||||||
21 | and transported off-site under Section 15 shall develop a CCR | ||||||
22 | transportation plan in consultation with the unit of local | ||||||
23 | government in which the CCR unit is located and any unit of | ||||||
24 | local government within 2 miles of the CCR units in order to | ||||||
25 | minimize the impact of any transport of CCR on adjacent |
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1 | property owners and surrounding communities. | ||||||
2 | (c) The CCR transportation plan specified in subsection (b) | ||||||
3 | shall do all of the following: | ||||||
4 | (1) Identify transportation options available in order | ||||||
5 | to transport removed CCR from the CCR unit. This may | ||||||
6 | include a combination of different transportation methods | ||||||
7 | as necessary to meet the closure time frame established in | ||||||
8 | Section 15. | ||||||
9 | (2) Specify plans for any transportation by truck, | ||||||
10 | including the frequency, time of day, and route of truck | ||||||
11 | travel, and measures to minimize noise, traffic, and safety | ||||||
12 | concerns caused by the truck travel. | ||||||
13 | (3) Specify measures to limit fugitive dust from any | ||||||
14 | transportation of CCR by truck. Measures to control | ||||||
15 | fugitive dust from truck travel include, but are not | ||||||
16 | limited to: | ||||||
17 | (A) regular maintenance of roads used for | ||||||
18 | transport of CCR; | ||||||
19 | (B) restricting the speed of CCR transport trucks; | ||||||
20 | (C) covering CCR transport trucks; | ||||||
21 | (D) limiting the distance that CCR is dropped from | ||||||
22 | any storage facilities or excavating equipment into | ||||||
23 | trucks; and | ||||||
24 | (E) suspending the loading, unloading, or transfer | ||||||
25 | of CCR during high winds. | ||||||
26 | (4) Specify measures to be used by CCR transport trucks |
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1 | to limit air pollution from trucks, which include, but are | ||||||
2 | not limited to: | ||||||
3 | (A) restrictions on fuel type; | ||||||
4 | (B) minimum fuel efficiency requirements; | ||||||
5 | (C) air pollution control equipment requirements; | ||||||
6 | and | ||||||
7 | (D) limits on idling. | ||||||
8 | If transportation of CCR is not by truck, the owner or | ||||||
9 | operator shall specify similar measures to control fugitive CCR | ||||||
10 | dust pollution when it is transported using other modes of | ||||||
11 | transportation. | ||||||
12 | (d) No CCR that is removed from a CCR unit may be | ||||||
13 | transported without a CCR transport permit approved by the | ||||||
14 | Agency. | ||||||
15 | (1) An operator of any CCR unit from which CCR is | ||||||
16 | removed that seeks to transport that CCR off-site for | ||||||
17 | disposal in an off-site landfill or through beneficial use | ||||||
18 | shall, within 60 days after the effective date of this Act, | ||||||
19 | submit an application for a CCR transport permit to the | ||||||
20 | Agency. The permit application shall be accompanied by the | ||||||
21 | fee required under subsection (g) of Section 10 and shall | ||||||
22 | consist of the following additional materials: | ||||||
23 | (A) the CCR transportation plan developed under | ||||||
24 | subsections (b) and (c); and | ||||||
25 | (B) a certification that the operator shall only | ||||||
26 | transport CCR, or contract for transport with an entity |
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1 | that will transport CCR, in accordance with the | ||||||
2 | manifest requirements of subsection (a) as well as the | ||||||
3 | CCR transportation plan. | ||||||
4 | (2) If the Agency determines that an application for a | ||||||
5 | CCR transport permit satisfies the requirements of this | ||||||
6 | Act, the Agency shall prepare a draft CCR transport permit | ||||||
7 | within 60 days after receipt of the application for the CCR | ||||||
8 | transport permit. The draft CCR transport permit shall: | ||||||
9 | (A) approve, disapprove, or approve with any | ||||||
10 | conditions the Agency deems necessary the CCR | ||||||
11 | transportation plan, which shall be incorporated as a | ||||||
12 | condition of the CCR transport permit; and | ||||||
13 | (B) require compliance with the manifest | ||||||
14 | requirements set out in subsection (a) as a condition | ||||||
15 | of the CCR transport permit. | ||||||
16 | (3) Together with the permit application and any | ||||||
17 | supporting materials, the draft CCR transport permit shall | ||||||
18 | be posted by the Agency on its website and made available | ||||||
19 | for public review, comment, and, if requested, public | ||||||
20 | hearing, consistent with Sections 55, 60, and 65. The | ||||||
21 | applicant shall post the permit application, supporting | ||||||
22 | materials, and draft CCR transport permit on a publicly | ||||||
23 | accessible website that has no registration requirements | ||||||
24 | and shall keep those documents posted until the Agency has | ||||||
25 | issued a final CCR transport permit or denied the permit | ||||||
26 | application. |
| |||||||
| |||||||
1 | (e) Within 120 days after receipt of an application for a | ||||||
2 | CCR transport permit, the Agency shall determine whether to | ||||||
3 | issue a final CCR transport permit. In determining whether to | ||||||
4 | issue the permit, the Agency shall consider the following: | ||||||
5 | (1) The CCR transport permit application and all | ||||||
6 | supporting documentation. | ||||||
7 | (2) All written comments received during the public | ||||||
8 | comment period on the draft CCR transport permit. | ||||||
9 | (3) If applicable, testimony from any public hearing | ||||||
10 | held under Section 65. | ||||||
11 | (f) The Agency shall only issue a final CCR transport | ||||||
12 | permit if: | ||||||
13 | (1) the applicant has submitted a complete application | ||||||
14 | for a CCR transport permit under paragraph (1) of | ||||||
15 | subsection (d); and | ||||||
16 | (2) the CCR transportation plan meets the requirements | ||||||
17 | under subsections (b) and (c). | ||||||
18 | (g) The final CCR transport permit shall, at minimum, | ||||||
19 | comply with the following: | ||||||
20 | (1) incorporate the CCR transportation plan, with any | ||||||
21 | modifications the Agency deems necessary, as a permit | ||||||
22 | condition or conditions; | ||||||
23 | (2) require compliance with the manifest system set out | ||||||
24 | in subsection (a) as a permit condition; and | ||||||
25 | (3) any other terms or conditions the Agency deems | ||||||
26 | necessary. |
| |||||||
| |||||||
1 | The Agency shall post the final CCR transport permit or | ||||||
2 | notice of denial of the CCR transport permit application on its | ||||||
3 | website. The applicant shall post the final CCR transport | ||||||
4 | permit or notice of denial on a publicly accessible website | ||||||
5 | that has no registration requirements. | ||||||
6 | The Agency's decision to issue a final CCR transport permit | ||||||
7 | or deny an application for a permit under this Section shall be | ||||||
8 | considered a final administrative decision subject to judicial | ||||||
9 | review under the Administrative Review Law and the rules | ||||||
10 | adopted under that Law.
| ||||||
11 | Section 35. Off-site landfill disposal. | ||||||
12 | (a) No CCR removed from a CCR unit under this Act may be | ||||||
13 | disposed of in a landfill off of the property on which the CCR | ||||||
14 | unit is located without approval from the Agency. | ||||||
15 | (b) If CCR removed from a CCR unit is to be disposed of in a | ||||||
16 | landfill off of the property on which the CCR unit is located, | ||||||
17 | the operator of the CCR unit must, within 90 days after the | ||||||
18 | effective date of this Act, submit to the Agency an evaluation | ||||||
19 | of alternatives accompanied by the fee required under | ||||||
20 | subsection (g) of Section 10. The evaluation must conform with | ||||||
21 | all of the following: | ||||||
22 | (1) Identify any landfills meeting the requirements of | ||||||
23 | subparagraph (B) of paragraph (3) of subsection (a) of | ||||||
24 | Section 15 that are within 100 miles of the CCR unit from | ||||||
25 | which the CCR will be removed. |
| |||||||
| |||||||
1 | (2) Include documentation demonstrating that the | ||||||
2 | landfill meets the requirements of subparagraph (B) of | ||||||
3 | paragraph (3) of subsection (a) of Section 15. | ||||||
4 | (3) Set forth the demographics of the municipality, if | ||||||
5 | applicable, where each landfill is located, including | ||||||
6 | whether the municipality is a potential environmental | ||||||
7 | justice community. | ||||||
8 | (4) State the volume of CCR that could be deposited in | ||||||
9 | each landfill identified in paragraph (1). | ||||||
10 | (5) Identify the landfill in which the operator | ||||||
11 | proposes to dispose of CCR. | ||||||
12 | If the landfill proposed by the operator for CCR disposal | ||||||
13 | is located in a potential environmental justice community, the | ||||||
14 | operator must show that it is not technically feasible to | ||||||
15 | dispose of the CCR in any other landfill within 100 miles of | ||||||
16 | the CCR unit that meets the requirements of subparagraph (B) of | ||||||
17 | paragraph (3) of subsection (a) of Section 15. | ||||||
18 | The Agency shall post the evaluation of alternatives and | ||||||
19 | any supporting documentation on its website and make them | ||||||
20 | available for public review, comment, and, if requested, public | ||||||
21 | hearing in accordance with Sections 55, 60, and 65. The | ||||||
22 | applicant shall post the evaluation of alternatives and | ||||||
23 | supporting materials on a publicly accessible website that has | ||||||
24 | no registration requirements. | ||||||
25 | (c) The Agency shall review the evaluation of alternatives. | ||||||
26 | For the purpose of determining whether to approve the disposal |
| |||||||
| |||||||
1 | site proposed in the evaluation of alternatives, the Agency | ||||||
2 | shall consider the following: | ||||||
3 | (1) The evaluation of alternatives and all supporting | ||||||
4 | documentation. | ||||||
5 | (2) All written comments received during the public | ||||||
6 | comment period. | ||||||
7 | (3) If applicable, testimony from any public hearing | ||||||
8 | held under Section 65. | ||||||
9 | Within 90 days of receipt of the evaluation of | ||||||
10 | alternatives, the Agency shall approve, deny, or approve with | ||||||
11 | conditions the disposal of CCR in the landfill proposed by the | ||||||
12 | operator in paragraph (5) of subsection (b). | ||||||
13 | (d) The Agency may only approve the disposal site proposed | ||||||
14 | in the evaluation of alternatives if: | ||||||
15 | (1) The applicant has submitted a complete evaluation | ||||||
16 | of alternatives with all required supporting | ||||||
17 | documentation. | ||||||
18 | (2) The applicant demonstrates that the landfill | ||||||
19 | proposed for CCR disposal meets the requirements of | ||||||
20 | subparagraph (B) of paragraph (3) of subsection (a) of | ||||||
21 | Section 15. | ||||||
22 | (3) If the landfill proposed for CCR disposal is | ||||||
23 | located in a potential environmental justice community, | ||||||
24 | the operator demonstrates that it is not technically | ||||||
25 | feasible to dispose of the CCR in any other landfill within | ||||||
26 | 100 miles of the CCR unit that meets the requirements of |
| |||||||
| |||||||
1 | subparagraph (B) of paragraph (3) of subsection (a) of | ||||||
2 | Section 15. | ||||||
3 | If the Agency denies disposal in the landfill proposed by | ||||||
4 | the operator of the CCR unit, the Agency shall, in the notice | ||||||
5 | of denial, specify any acceptable landfills for CCR disposal | ||||||
6 | that meet the requirements of subparagraph (B) of paragraph (3) | ||||||
7 | of subsection (a) of Section 15. The operator may dispose of | ||||||
8 | the CCR in any landfill specified by the Agency that is not | ||||||
9 | within a potential environmental justice community. | ||||||
10 | The Agency shall post its notice of approval, denial, or | ||||||
11 | approval with conditions, under this subsection, on its | ||||||
12 | website. The applicant shall post the notice of approval, | ||||||
13 | notice of denial, and notice of approval with conditions, as | ||||||
14 | well as the evaluation of benefits and supporting materials on | ||||||
15 | a publicly accessible website that has no registration | ||||||
16 | requirements. | ||||||
17 | The Agency's decision to approve, deny, or approve with | ||||||
18 | conditions the landfill proposed for disposal of CCR under this | ||||||
19 | Section shall be considered a final administrative decision | ||||||
20 | subject to judicial review under the Administrative Review Law | ||||||
21 | as now or hereafter amended, and the rules adopted under that | ||||||
22 | Law.
| ||||||
23 | Section 40. Beneficial use permit. | ||||||
24 | (a) Notwithstanding any other provision of law, no CCR | ||||||
25 | removed from any CCR unit under Section 15 may be beneficially |
| |||||||
| |||||||
1 | used in this State unless the Agency has issued a beneficial | ||||||
2 | use permit for that CCR under this Act. | ||||||
3 | (b) Every operator that seeks to dispose of CCR removed | ||||||
4 | under Section 15 by means of beneficial use must submit to the | ||||||
5 | Agency an application for a beneficial use permit. The | ||||||
6 | application shall be accompanied by the fee required by | ||||||
7 | subsection (g) of Section 10 and shall contain the following: | ||||||
8 | (1) The name and address of the operator, and any | ||||||
9 | parent or subsidiary entity thereof, of the CCR unit from | ||||||
10 | which the CCR will be removed. | ||||||
11 | (2) The name and address of any person proposing to | ||||||
12 | beneficially use the CCR. | ||||||
13 | (3) The proposed encapsulated beneficial use for which | ||||||
14 | the CCR will be used. | ||||||
15 | (4) The volume of CCR to be beneficially used. | ||||||
16 | (5) The location at which the beneficially used CCR | ||||||
17 | will be used, if available. | ||||||
18 | (6) An explanation, with supporting documentation, of | ||||||
19 | how the CCR proposed to be beneficially used will be stored | ||||||
20 | in accordance with the requirements of subsection (c). | ||||||
21 | (7) The results of a LEAF leach test of the CCR | ||||||
22 | performed in accordance with subsection (d), if | ||||||
23 | applicable. | ||||||
24 | (c) CCR removed from a CCR unit that will be, but has not | ||||||
25 | yet been, beneficially used in accordance with this Act must be | ||||||
26 | stored and handled in the following manner: |
| |||||||
| |||||||
1 | (1) The CCR must be stored in an enclosed vessel or | ||||||
2 | space, including, but not limited to, a building or a | ||||||
3 | covered silo, bin, or tank, that is located at least 40 | ||||||
4 | feet from any waterway and has an impermeable floor or is | ||||||
5 | set on an impermeable surface. | ||||||
6 | (2) Measures must be taken to limit CCR dust pollution | ||||||
7 | during the loading, unloading, and transferring of the CCR, | ||||||
8 | including: | ||||||
9 | (A) using water sprays or chemical dust | ||||||
10 | suppressants to limit dust during loading, unloading, | ||||||
11 | and transferring of the CCR; | ||||||
12 | (B) limiting the distance that the CCR is dropped | ||||||
13 | during the loading, unloading, and transferring of the | ||||||
14 | CCR to no more than 5 feet; and | ||||||
15 | (C) suspending the loading, unloading, and | ||||||
16 | transferring of the CCR during high winds. | ||||||
17 | (d) Prior to submitting an application for a beneficial use | ||||||
18 | permit, an operator of a CCR unit that seeks to dispose of CCR | ||||||
19 | through beneficial use must conduct an independent LEAF leach | ||||||
20 | test on that CCR. An independent LEAF leach test shall be | ||||||
21 | performed on CCR taken from each CCR unit. | ||||||
22 | (e) If the Agency determines that the application satisfies | ||||||
23 | the requirements of this Act, the Agency shall, within 60 days | ||||||
24 | after receiving the application for a beneficial use permit, | ||||||
25 | issue a draft beneficial use permit. The draft beneficial use | ||||||
26 | permit shall propose to approve, disapprove, or approve with |
| |||||||
| |||||||
1 | conditions the beneficial use permit. | ||||||
2 | (f) Together with the beneficial use permit application and | ||||||
3 | any supporting materials, the draft beneficial use permit shall | ||||||
4 | be posted by the Agency on its website and made available for | ||||||
5 | public review, comment, and, if requested, public hearing, | ||||||
6 | consistent with Sections 55, 60, and 65. The applicant shall | ||||||
7 | post the draft permit, application, and supporting materials on | ||||||
8 | a publicly accessible website that has no registration | ||||||
9 | requirements until the Agency has issued a final beneficial use | ||||||
10 | permit or denied the permit application. | ||||||
11 | (g) The Agency shall determine whether to issue a final | ||||||
12 | beneficial use permit. For the purpose of determining whether | ||||||
13 | to issue such permit, the Agency shall consider the following: | ||||||
14 | (1) The beneficial use permit application and all | ||||||
15 | supporting documentation. | ||||||
16 | (2) All written comments received during the public | ||||||
17 | comment period on the draft beneficial use permit. | ||||||
18 | (3) If applicable, testimony from any public hearing | ||||||
19 | held under Section 65. | ||||||
20 | (h) The Agency shall only issue a final beneficial use | ||||||
21 | permit if: | ||||||
22 | (1) The applicant submits a complete application for a | ||||||
23 | beneficial use permit consistent with this Section. | ||||||
24 | (2) The applicant demonstrates that the applicant will | ||||||
25 | comply with the storage requirements set forth in | ||||||
26 | subsection (c). |
| |||||||
| |||||||
1 | (3) The results of the LEAF leach tests of the CCR | ||||||
2 | proposed to be beneficially used, performed in accordance | ||||||
3 | with subsection (d), do not show concentrations of CCR | ||||||
4 | pollutants in excess of Class I groundwater standards set | ||||||
5 | forth in Section 620.410 of Title 35 of the Illinois | ||||||
6 | Administrative Code for any CCR pollutants. If no Class I | ||||||
7 | standard has been set for a CCR pollutant, the LEAF leach | ||||||
8 | tests must not show concentrations exceeding the | ||||||
9 | groundwater protection standard set by the U.S. | ||||||
10 | Environmental Protection Agency for that pollutant under | ||||||
11 | 40 C.F.R. 257.95(h). | ||||||
12 | (4) The application satisfies all relevant | ||||||
13 | requirements of this Act. | ||||||
14 | (i) The final beneficial use permit shall, at minimum, (i) | ||||||
15 | incorporate proposals and representations in the application, | ||||||
16 | as appropriate, as conditions in order to ensure compliance | ||||||
17 | with this Act; and (ii) require compliance with CCR storage | ||||||
18 | provisions set forth in subsection (c). The Agency may include | ||||||
19 | other terms and conditions that it deems necessary. | ||||||
20 | (1) The Agency shall post the final beneficial use | ||||||
21 | permit or notice of denial of the beneficial use permit | ||||||
22 | application on its website. The applicant shall post the | ||||||
23 | final beneficial use permit or notice of denial on a | ||||||
24 | publicly accessible website that has no registration | ||||||
25 | requirements. | ||||||
26 | (2) The Agency's decision to issue or deny a final |
| |||||||
| |||||||
1 | beneficial use permit under this Section shall be | ||||||
2 | considered a final administrative decision subject to | ||||||
3 | judicial review under the Administrative Review Law, and | ||||||
4 | the rules adopted under that Law.
| ||||||
5 | Section 45. Closure progress reports. | ||||||
6 | (a) On or before October 1, 2022, and on October 1st of | ||||||
7 | each even-numbered year thereafter, until closure of all of a | ||||||
8 | facility's CCR units is complete, the operator of a CCR unit | ||||||
9 | subject to Sections 15 and 20 shall compile the following 2 | ||||||
10 | reports: | ||||||
11 | (1) A report regarding the closure plan containing the | ||||||
12 | following: | ||||||
13 | (A) A description of the owner's or operator's | ||||||
14 | closure plan for all CCR units. | ||||||
15 | (B) The closure progress as of the date of the | ||||||
16 | report, both per unit and in total. | ||||||
17 | (C) A detailed accounting of the amounts of CCR | ||||||
18 | that have been and are expected to be beneficially used | ||||||
19 | from CCR units, both per unit and in total. | ||||||
20 | (D) A detailed accounting of the amounts of CCR | ||||||
21 | that have been and are expected to be landfilled from | ||||||
22 | units, both per unit and in total. | ||||||
23 | (E) A detailed accounting of the CCR | ||||||
24 | transportation plan as required under Section 30. | ||||||
25 | (F) The results of groundwater and surface water |
| |||||||
| |||||||
1 | monitoring conducted under the closure plan and any | ||||||
2 | measures taken to address the results as closure is | ||||||
3 | being or has been completed. | ||||||
4 | (2) A report on any beneficial use permits or | ||||||
5 | beneficial use permit applications under Section 40 | ||||||
6 | summarizing the types of encapsulated beneficial use for | ||||||
7 | which removed CCR has been or is being used and any | ||||||
8 | obstacles to increased encapsulated beneficial use that | ||||||
9 | the owner or operator encountered over the reporting | ||||||
10 | period. | ||||||
11 | (b) The owner or operator shall post each report on a | ||||||
12 | publicly accessible website that has no registration | ||||||
13 | requirements, and shall submit each such report to the Agency, | ||||||
14 | the Governor, and the General Assembly.
| ||||||
15 | Section 50. Corrective action and clean drinking water. | ||||||
16 | (a) An owner or operator of a CCR unit from which CCR is | ||||||
17 | required to be removed under Section 15 shall, within one year | ||||||
18 | after the effective date of this Act, conduct a comprehensive | ||||||
19 | evaluation of the extent of CCR pollution of groundwater, | ||||||
20 | surface water, and soils at any property surrounding the | ||||||
21 | property on which a CCR unit is located. | ||||||
22 | (b) As part of the evaluation of pollution required under | ||||||
23 | subsection (a) and continuing through completion of corrective | ||||||
24 | action under subsection (e), an owner or operator must conduct | ||||||
25 | the following: |
| |||||||
| |||||||
1 | (1) Groundwater monitoring in accordance with 40 | ||||||
2 | C.F.R. 257.90 through 257.95, except that: | ||||||
3 | (A) Wells designated as "background" or | ||||||
4 | "upgradient wells" under 40 C.F.R. 257.91 must not be | ||||||
5 | affected by leakage from any CCR, regardless of whether | ||||||
6 | the CCR is in a CCR unit or not. | ||||||
7 | (B) Wells designated as "downgradient" under 40 | ||||||
8 | C.F.R. 257.91 must be sufficient in number and adequate | ||||||
9 | in location to detect leakage from any CCR on the | ||||||
10 | property, regardless of whether the CCR is in a CCR | ||||||
11 | unit or not. | ||||||
12 | (C) Pollutants monitored during assessment | ||||||
13 | monitoring under 40 C.F.R. 257.95 shall be CCR | ||||||
14 | pollutants. | ||||||
15 | (2) Semi-annual monitoring of discharges of CCR | ||||||
16 | pollutants into any adjacent surface waters from the CCR | ||||||
17 | unit, including seeps where groundwater is discharging | ||||||
18 | into surface water. | ||||||
19 | (c) Within 18 months after the effective date of this Act, | ||||||
20 | an owner or operator must develop and submit to the Agency a | ||||||
21 | draft corrective action plan discussing how to decontaminate | ||||||
22 | any groundwater, surface water, or soils affected by leakage or | ||||||
23 | leachate from the CCR unit. The draft corrective action plan | ||||||
24 | must: | ||||||
25 | (1) Describe the findings of the comprehensive | ||||||
26 | evaluation of CCR pollution required under subsection (a). |
| |||||||
| |||||||
1 | (2) Provide for groundwater and surface water | ||||||
2 | monitoring in accordance with subsection (b). | ||||||
3 | (3) Include a discussion of measures that could be used | ||||||
4 | to decontaminate the site in order to complete corrective | ||||||
5 | action, as specified in subsection (h). | ||||||
6 | (4) Set forth a proposal specifying which corrective | ||||||
7 | action measures the owner or operator proposes to implement | ||||||
8 | in order to complete corrective action as quickly as | ||||||
9 | possible. | ||||||
10 | (d) Within 60 days after receiving a draft corrective | ||||||
11 | action plan, the Agency shall review the draft corrective plan | ||||||
12 | for completeness and to determine if it satisfies compliance | ||||||
13 | with the requirements of subsection (c). | ||||||
14 | If the Agency determines that the draft corrective action | ||||||
15 | plan is complete and satisfies the requirements of subsection | ||||||
16 | (c), the Agency shall, within 90 days after making that | ||||||
17 | determination, issue a proposed corrective action plan. | ||||||
18 | If the Agency determines that the draft corrective action | ||||||
19 | plan is incomplete or does not satisfy the requirements of | ||||||
20 | subsection (c), the applicant shall have no more than 90 days | ||||||
21 | after the Agency's determination to correct any deficiencies | ||||||
22 | identified by the Agency. If the applicant fails to correct | ||||||
23 | those deficiencies within 90 days, the Agency shall have 90 | ||||||
24 | additional days to issue a proposed corrective action plan. | ||||||
25 | (e) Together with the draft corrective action plan and any | ||||||
26 | supporting materials, the proposed corrective action plan |
| |||||||
| |||||||
1 | shall be posted by the Agency on its website and made available | ||||||
2 | for public review, comment, and, if requested, public hearing, | ||||||
3 | consistent with Sections 55, 60, and 65. The applicant shall | ||||||
4 | post the draft corrective action plan, proposed corrective | ||||||
5 | action plan, and supporting materials on a publicly accessible | ||||||
6 | website that has no registration requirements until the Agency | ||||||
7 | has issued a final corrective action plan. | ||||||
8 | (f) Within 120 days after issuing the proposed corrective | ||||||
9 | action plan, the Agency shall issue a final corrective action | ||||||
10 | plan. In determining whether the final corrective action plan | ||||||
11 | requires any changes from the proposed corrective action plan, | ||||||
12 | the Agency shall consider: | ||||||
13 | (1) The draft corrective action plan and all supporting | ||||||
14 | documentation. | ||||||
15 | (2) All written comments received during the public | ||||||
16 | comment period on the proposed corrective action plan. | ||||||
17 | (3) If applicable, testimony from any public hearing | ||||||
18 | held under Section 65. | ||||||
19 | (f-5) No final corrective action plan shall be issued | ||||||
20 | unless it satisfies all applicable requirements of this Act. At | ||||||
21 | minimum, the final corrective action plan must comply with the | ||||||
22 | following: | ||||||
23 | (1) Describe the findings of the comprehensive | ||||||
24 | evaluation of CCR pollution required under subsection (a). | ||||||
25 | (2) Provide for groundwater and surface water | ||||||
26 | monitoring in accordance with subsection (b). |
| |||||||
| |||||||
1 | (3) Set forth the measures that will be used to | ||||||
2 | decontaminate the site in order to complete corrective | ||||||
3 | action, as specified in subsection (h). | ||||||
4 | (4) Set forth a timeline for completing corrective | ||||||
5 | action, as specified in subsection (h). | ||||||
6 | The Agency shall post the final corrective action plan on | ||||||
7 | its website, and the owner or operator who submitted the draft | ||||||
8 | corrective action plan shall post the final corrective action | ||||||
9 | plan on a publicly accessible website that has no registration | ||||||
10 | requirements. | ||||||
11 | The Agency's approval of the final corrective action plan | ||||||
12 | under this Section shall be considered a final administrative | ||||||
13 | decision subject to judicial review under the Administrative | ||||||
14 | Review Law, and the rules adopted under that Law. | ||||||
15 | (g) Once approved by the Agency following the procedures | ||||||
16 | set forth in this Section, the final corrective action plan | ||||||
17 | shall remain in effect until the corrective action is completed | ||||||
18 | and decontamination is achieved in accordance with subsection | ||||||
19 | (h). The Agency must issue a confirmation of completion of | ||||||
20 | corrective action before financial assurance under Section 75 | ||||||
21 | is released. | ||||||
22 | (h) Corrective action is not complete at a CCR unit until | ||||||
23 | each of the following has occurred: | ||||||
24 | (1) All soils contaminated with CCR have been removed | ||||||
25 | and disposed of in a landfill that is safe, modern, and | ||||||
26 | lined. |
| |||||||
| |||||||
1 | (2) The concentrations of all CCR pollutants in | ||||||
2 | downgradient groundwater monitoring wells at the site that | ||||||
3 | form part of the groundwater monitoring system required | ||||||
4 | under paragraph (1) of subsection (b) comply with the Class | ||||||
5 | 1 groundwater standards set forth under Section 620.410 of | ||||||
6 | Title 35 of the Illinois Administrative Code. If no Class I | ||||||
7 | standard has been set for a CCR pollutant, concentrations | ||||||
8 | of all CCR pollutants must comply with the groundwater | ||||||
9 | protection standard set forth by the U.S. Environmental | ||||||
10 | Protection Agency for that pollutant under 40 C.F.R. | ||||||
11 | 257.95(h). Compliance occurs when concentrations of CCR | ||||||
12 | pollutants have not exceeded the Class I standards set | ||||||
13 | forth under Section 620.410 of Title 35 of the Illinois | ||||||
14 | Administrative Code or, if applicable, the groundwater | ||||||
15 | protection standard under 40 C.F.R. 257.95(h), for a period | ||||||
16 | of 3 consecutive years using the statistical procedures and | ||||||
17 | performance standards set forth under 40 C.F.R. 257.93(f) | ||||||
18 | and 40 C.F.R. 257.93(g). | ||||||
19 | (i) During the closure process, an owner or operator shall, | ||||||
20 | at the owner or operator's expense if accepted, offer to | ||||||
21 | provide a connection to a municipal water supply. Where a | ||||||
22 | connection to a municipal water supply is not feasible, an | ||||||
23 | owner or operator shall, at the owner or operator's expense if | ||||||
24 | accepted, offer to provide water testing for any residence | ||||||
25 | within 1/2 mile of the CCR unit. | ||||||
26 | If the testing conducted under paragraph (1) of subsection |
| |||||||
| |||||||
1 | (h) reveals CCR pollutants in excess of Class I groundwater | ||||||
2 | standards set forth under Section 620.410 of Title 35 of the | ||||||
3 | Illinois Administrative Code, the operator shall replace the | ||||||
4 | affected water supply with an alternative source of clean | ||||||
5 | drinking water. Where Class I standards have not been set for a | ||||||
6 | CCR pollutant, the groundwater protection standard shall be | ||||||
7 | that set forth by the U.S. Environmental Protection Agency | ||||||
8 | under 40 C.F.R. 257.95(h).
| ||||||
9 | Section 55. Public notice. | ||||||
10 | (a) Within one week of receiving a closure plan, CCR | ||||||
11 | transport permit application, evaluation of alternatives, | ||||||
12 | beneficial use permit application, or draft corrective action | ||||||
13 | plan, the Agency shall post notice of its receipt of that | ||||||
14 | document as well as a copy of the document and supporting | ||||||
15 | materials on its website. The Agency shall also send, via | ||||||
16 | email, notice of receipt of those documents to the State | ||||||
17 | Senator, State Representative, county board chair, mayor, and | ||||||
18 | township supervisor of the location of the CCR unit at issue, | ||||||
19 | as well as to a mailing list of persons seeking to be notified | ||||||
20 | of such documents and subsequent permitting proceedings. An | ||||||
21 | owner or operator that submits a closure plan, CCR transport | ||||||
22 | permit application, evaluation of alternatives, beneficial use | ||||||
23 | permit application, or draft corrective action plan shall | ||||||
24 | publish notice of the submission of that document in a | ||||||
25 | newspaper circulating in the unit of local government where the |
| |||||||
| |||||||
1 | CCR unit is located. | ||||||
2 | (b) If the Agency issues a draft permit or proposed | ||||||
3 | corrective action plan under this Act, within one week of | ||||||
4 | issuing the draft permit or proposed corrective action plan the | ||||||
5 | Agency shall post notice of issuance of that document on its | ||||||
6 | website, together with a copy of the draft permit or proposed | ||||||
7 | correction action plan, permit application, and all supporting | ||||||
8 | materials. The Agency shall also send, via email, notice of | ||||||
9 | issuance of the draft permit to the State Senator, State | ||||||
10 | Representative, county board chair, mayor, and township | ||||||
11 | supervisor of the location of the CCR unit at issue, as well as | ||||||
12 | to the mailing list referenced in subsection (a). An owner or | ||||||
13 | operator that submits a plan or permit application shall | ||||||
14 | publish notice of any such draft permit or proposed corrective | ||||||
15 | action plan within one week of issuance of the document in a | ||||||
16 | newspaper circulating in the unit of local government where the | ||||||
17 | CCR unit is located. | ||||||
18 | (c) A notice of application, draft permit, or proposed | ||||||
19 | corrective action plan shall include the following: | ||||||
20 | (1) The name of the applicant. | ||||||
21 | (2) The type of document available for review. | ||||||
22 | (3) The name of a person at the Agency available to | ||||||
23 | contact for questions. | ||||||
24 | (4) The dates of the public comment period, where | ||||||
25 | applicable. | ||||||
26 | (5) Directions for interested parties to submit |
| |||||||
| |||||||
1 | comments and request a public hearing on the document in | ||||||
2 | accordance with Section 65. | ||||||
3 | (6) The Agency's website and, where applicable, the | ||||||
4 | operator's website at which the draft permit or proposed | ||||||
5 | corrective action plan, permit application, and supporting | ||||||
6 | materials shall be made available for review. | ||||||
7 | (7) Directions on how to sign up for the mailing list | ||||||
8 | referenced in subsection (a). | ||||||
9 | (d) If the Agency issues a final permit or plan approval, | ||||||
10 | it shall post notice of issuance of the final permit or plan | ||||||
11 | approval on its website, together with a copy of the permit | ||||||
12 | application and all supporting materials. The Agency shall also | ||||||
13 | send, via email, notice of issuance of the final permit or plan | ||||||
14 | approval to the mailing list referenced in subsection (a).
| ||||||
15 | Section 60. Public comment. | ||||||
16 | (a) Public comment periods under this Act shall be 40 days. | ||||||
17 | The Agency may grant extensions of the comment period of no | ||||||
18 | more than 15 days if it receives an extension request and the | ||||||
19 | requester demonstrates a need for the extension. | ||||||
20 | (b) The public comment period on a closure plan, evaluation | ||||||
21 | of benefits, draft CCR transport permit, draft beneficial use | ||||||
22 | permit, or proposed corrective action plan shall begin within 7 | ||||||
23 | calendar days after the referenced document is posted on the | ||||||
24 | Agency's website. | ||||||
25 | (c) During a public comment period, any person may submit |
| |||||||
| |||||||
1 | written comments to the Agency concerning any portion of the | ||||||
2 | draft CCR transport permit, draft beneficial use permit, | ||||||
3 | evaluation of benefits, closure plan, proposed corrective | ||||||
4 | action plan, or associated permit applications or supporting | ||||||
5 | materials, as well as comments concerning any issue relating to | ||||||
6 | the applicant's compliance with the requirements of this Act or | ||||||
7 | any other applicable laws. A person who submits a public | ||||||
8 | comment to the Agency concerning any of the documents | ||||||
9 | referenced in this subsection is a party to the proceeding | ||||||
10 | concerning that document for purposes of the Administrative | ||||||
11 | Review Law. | ||||||
12 | (d) The Agency may ask the applicant to respond to any | ||||||
13 | substantive public comments received during the comment | ||||||
14 | period.
| ||||||
15 | Section 65. Public hearing. | ||||||
16 | (a) A person having an interest which is or may be | ||||||
17 | adversely affected by approval of a closure plan, CCR transport | ||||||
18 | permit, beneficial use permit, evaluation of alternatives, or | ||||||
19 | proposed corrective action plan may request a public hearing on | ||||||
20 | that permit, plan, or proposal during the public comment period | ||||||
21 | established under Section 60. The Agency shall hold a public | ||||||
22 | hearing upon request by any such requester. | ||||||
23 | (b) At least 10 calendar days before the date of the public | ||||||
24 | hearing, the Agency shall publish notice of the public hearing | ||||||
25 | on its website and in a newspaper of general circulation |
| |||||||
| |||||||
1 | published in the unit of local government where the CCR unit at | ||||||
2 | issue is located. The Agency shall also notify, via email, | ||||||
3 | persons on the mailing list referenced in subsection (a) of | ||||||
4 | Section 55 of the hearing. The notice shall contain the | ||||||
5 | location, date, and time the public hearing is to take place, | ||||||
6 | as well as information on whom to contact with questions and | ||||||
7 | instructions on how to sign up to testify at the hearing. | ||||||
8 | (c) The Agency shall hold the public hearing in an easily | ||||||
9 | accessible location as close to the CCR unit as feasible. The | ||||||
10 | hearing shall be held during evening or weekend hours to | ||||||
11 | facilitate attendance. The hearing shall be scheduled for no | ||||||
12 | fewer than 2 hours, although the Agency may end the hearing | ||||||
13 | after one hour if all persons who signed up to testify have | ||||||
14 | already testified. | ||||||
15 | (d) A person who signs up to testify at the public hearing | ||||||
16 | shall be allowed to testify, provided the person attends the | ||||||
17 | hearing. The Agency shall post a sign-up form on its website in | ||||||
18 | which a person seeking to testify shall note his or her name, | ||||||
19 | address, and email address. The Agency shall also have a | ||||||
20 | sign-up form available at the hearing that requests the same | ||||||
21 | information. | ||||||
22 | (e) The public hearing shall serve as an opportunity for | ||||||
23 | the public to voice concerns about a document at issue, as well | ||||||
24 | as an opportunity to ask questions of the Agency or the owner | ||||||
25 | or operator of the CCR unit for which the document was | ||||||
26 | submitted. At least one representative of the Agency and the |
| |||||||
| |||||||
1 | applicant shall attend the public hearing, and at least 20 | ||||||
2 | minutes shall be set aside for the public to ask those | ||||||
3 | representatives questions relevant to the permit or plan at | ||||||
4 | issue. Any person who testifies at a public hearing concerning | ||||||
5 | a permit or plan under this Section is a party to the | ||||||
6 | proceeding concerning that document for purposes of the | ||||||
7 | Administrative Review Law. | ||||||
8 | (f) A complete electronic record or transcript of the | ||||||
9 | hearing and all testimony shall be made by the Agency. The | ||||||
10 | complete record shall be posted on the Agency's website until | ||||||
11 | closure and decontamination of the CCR unit at issue are | ||||||
12 | complete.
| ||||||
13 | Section 70. Permit and plan conditions and modifications. | ||||||
14 | (a) Each closure plan, CCR transport permit, beneficial use | ||||||
15 | permit, evaluation of alternatives, and final corrective | ||||||
16 | action plan approved or issued by the Agency under this Act | ||||||
17 | shall require the permittee to comply with all provisions of | ||||||
18 | this Act and all other applicable local, State, and federal | ||||||
19 | laws, rules, and regulations in effect at the time the permit | ||||||
20 | is issued. | ||||||
21 | (b) An approved closure plan issued under this Act shall | ||||||
22 | continue in effect until closure is complete under Section 15. | ||||||
23 | A CCR transport permit issued under this Act shall continue in | ||||||
24 | effect until all CCR has been transported to a landfill or for | ||||||
25 | beneficial reuse. A beneficial use permit issued under Section |
| |||||||
| |||||||
1 | 40 shall continue in effect until all the CCR governed by that | ||||||
2 | permit has been beneficially used in encapsulated beneficial | ||||||
3 | use. A final corrective action plan issued under this Act shall | ||||||
4 | continue in effect until the plan has been achieved and | ||||||
5 | corrective action is complete as specified in Section 50. | ||||||
6 | (c) No closure plan, CCR transport permit, beneficial use | ||||||
7 | permit, or final corrective action plan issued under this Act | ||||||
8 | may be modified without approval of the Agency. If the Agency | ||||||
9 | determines that a proposed modification constitutes a | ||||||
10 | significant deviation from the terms of the original | ||||||
11 | application and permit or plan approval, or presents a serious | ||||||
12 | risk to public health, life, property, aquatic life, or | ||||||
13 | wildlife, the Agency shall provide the public notice required | ||||||
14 | under Section 55 and the opportunities for comment and hearing | ||||||
15 | required under Sections 60 and 65. Any owner or operator | ||||||
16 | seeking a permit modification shall pay a fee in the amount | ||||||
17 | specified in subsection (g) of Section 10 for processing of | ||||||
18 | that modification.
| ||||||
19 | Section 75. Financial assurance. | ||||||
20 | (a) The owner or operator of a CCR unit located in Illinois | ||||||
21 | is required to provide and maintain financial assurance for | ||||||
22 | closure and corrective action in accordance with this Act. | ||||||
23 | (b) Financial assurance for closure must be provided and | ||||||
24 | maintained in amounts sufficient to cover all costs associated | ||||||
25 | with closure, including, but not limited to, the following: |
| |||||||
| |||||||
1 | (1) removal of all CCR from the CCR unit under Section | ||||||
2 | 15; and | ||||||
3 | (2) transport of the removed CCR to an approved | ||||||
4 | landfill or for beneficial use, in accordance with Sections | ||||||
5 | 30, 35, and 40. | ||||||
6 | Financial assurance for closure must be maintained, and | ||||||
7 | will not be released, until the Agency has confirmed that | ||||||
8 | closure is complete under Section 15. | ||||||
9 | (c) Financial assurance for corrective action must be | ||||||
10 | provided and maintained in amounts sufficient to cover all | ||||||
11 | costs associated with complying with Section 50, including | ||||||
12 | undertaking the comprehensive evaluation of pollution, | ||||||
13 | conducting groundwater and surface water monitoring, and | ||||||
14 | developing and implementing the final corrective action plan. | ||||||
15 | Financial assurance for corrective action must be maintained, | ||||||
16 | and will not be released, until the Agency has confirmed the | ||||||
17 | completion of correction action under Section 50. | ||||||
18 | (d) To ensure financial assurance is provided in adequate | ||||||
19 | amounts, an owner or operator of a CCR unit shall submit to the | ||||||
20 | Agency the following: | ||||||
21 | (1) An initial cost estimate for closure, consistent | ||||||
22 | with subsection (b), within 6 months after the effective | ||||||
23 | date of this Act. | ||||||
24 | (2) Annual revised cost estimates for closure based on | ||||||
25 | any changed circumstances or information available to the | ||||||
26 | owner or operator, taking into account inflation. |
| |||||||
| |||||||
1 | (3) An initial cost estimate for corrective action | ||||||
2 | within 3 months after the Agency approves any final | ||||||
3 | corrective action plan required under Section 50. | ||||||
4 | (4) Annual revised cost estimates for corrective | ||||||
5 | action based on any changed circumstances or information | ||||||
6 | available to the owner or operator, taking into account | ||||||
7 | inflation. | ||||||
8 | (e) Acceptable financial assurance mechanisms for use | ||||||
9 | under this Section include, but are not limited to, the | ||||||
10 | following: | ||||||
11 | (1) cash, certified check, or money order payable to a | ||||||
12 | bank account set up by the Agency for the sole purpose of | ||||||
13 | holding financial assurance funds under this Act; | ||||||
14 | (2) certificate of deposit; | ||||||
15 | (3) surety bond; | ||||||
16 | (4) irrevocable letter of credit; or | ||||||
17 | (5) escrow account. | ||||||
18 | Neither a corporate guarantee nor a corporate financial | ||||||
19 | test may be used to satisfy the requirements of this Section. | ||||||
20 | (f) The Agency shall adopt rules to further clarify and | ||||||
21 | specify requirements for financial assurance consistent with | ||||||
22 | this Act. | ||||||
23 | (g) If, after notice and hearing, the Agency determines | ||||||
24 | that an owner or operator of a CCR unit is not removing CCR | ||||||
25 | from a CCR unit as required under Section 15, the permittee's | ||||||
26 | financial assurance for closure shall then be forfeited. |
| |||||||
| |||||||
1 | Forfeiture under this subsection shall not limit any duty of | ||||||
2 | the permittee to mitigate or remediate harms or foreclose | ||||||
3 | enforcement by the Agency. Forfeiture of financial assurance | ||||||
4 | for closure does not count toward any penalty imposed on the | ||||||
5 | owner or operator of the CCR unit. | ||||||
6 | If, after notice and hearing, the Agency determines that an | ||||||
7 | owner or operator of a CCR unit is not implementing a final | ||||||
8 | corrective action plan as required under Section 50, the | ||||||
9 | permittee's financial assurance for corrective action shall | ||||||
10 | then be forfeited. Forfeiture under this subsection shall not | ||||||
11 | limit any duty of the permittee to mitigate or remediate harms | ||||||
12 | or foreclose enforcement by the Agency. Forfeiture of financial | ||||||
13 | assurance for corrective action does not count toward any | ||||||
14 | penalty imposed on the owner or operator of the CCR unit. | ||||||
15 | When any financial assurance is forfeited under the | ||||||
16 | provisions of this Act or rules adopted under this Act, the | ||||||
17 | Agency shall collect the forfeiture without delay. All | ||||||
18 | forfeitures shall be deposited in a fund set up by the Agency | ||||||
19 | to be used, as necessary, to mitigate or remediate violations | ||||||
20 | of this Act or rules adopted under this Act.
| ||||||
21 | Section 80. Elimination of wet or unlined CCR disposal. | ||||||
22 | Beginning 18 months after the effective date of this Act, no | ||||||
23 | CCR generated in Illinois may be treated, stored, or disposed | ||||||
24 | of in a CCR surface impoundment or unlined CCR landfill.
|
| |||||||
| |||||||
1 | Section 85. Violations; penalties. | ||||||
2 | (a) Any person who violates this Act or a permit, plan, or | ||||||
3 | rule issued, approved, or adopted under this Act commits open | ||||||
4 | dumping as defined in the Illinois Environmental Protection Act | ||||||
5 | and is subject to administrative penalties, civil liability, | ||||||
6 | or, where appropriate, criminal prosecution. | ||||||
7 | (b) The Agency shall issue rules specifying the | ||||||
8 | administrative or civil penalties or criminal fines to which a | ||||||
9 | person in violation of this Act may be subject, which shall be | ||||||
10 | consistent with penalties, fines, and liability for open | ||||||
11 | dumping violations under the Illinois Environmental Protection | ||||||
12 | Act. | ||||||
13 | (c) Any person who knowingly makes a false, fictitious, or | ||||||
14 | fraudulent material statement, orally or in writing, to the | ||||||
15 | Agency that is related to or required by this Act, a rule | ||||||
16 | adopted under this Act, or any permit, term, or condition | ||||||
17 | thereof, commits a Class 4 felony, and each such statement or | ||||||
18 | writing shall be considered a separate violation. | ||||||
19 | (d) The State's Attorney of the county in which the | ||||||
20 | violation occurred, or the Attorney General, may, at the | ||||||
21 | request of the Agency or on his or her own motion, institute a | ||||||
22 | civil action for an injunction, prohibitory or mandatory, to | ||||||
23 | restrain violations of this Act, a rule or regulation adopted | ||||||
24 | under this Act, a permit or term or condition of the permit, or | ||||||
25 | to require other civil or criminal actions as may be necessary | ||||||
26 | to address violations of this Act, any rule adopted under this |
| |||||||
| |||||||
1 | Act, or a permit or term or condition of a permit issued under | ||||||
2 | this Act. | ||||||
3 | (e) Any criminal action provided for under this Section | ||||||
4 | shall be brought by the State's Attorney of the county in which | ||||||
5 | the violation occurred or by the Attorney General and shall be | ||||||
6 | conducted in accordance with the applicable provision of the | ||||||
7 | Code of Criminal Procedure of 1963. The limitations period for | ||||||
8 | violations of this Section shall not begin to run until the | ||||||
9 | offense is discovered by or reported to a State or local agency | ||||||
10 | having authority to investigate violations of this Act. | ||||||
11 | (f) The State's Attorney of the county in which the | ||||||
12 | violation occurred or the Attorney General shall bring actions | ||||||
13 | under this Section in the name of the People of the State of | ||||||
14 | Illinois. Without limiting any other authority that may exist | ||||||
15 | for the awarding of attorney's fees and costs, a court of | ||||||
16 | competent jurisdiction may award costs and reasonable | ||||||
17 | attorney's fees, including the reasonable costs of expert | ||||||
18 | witnesses and consultants, to the State's Attorney or the | ||||||
19 | Attorney General in a case where he or she has prevailed | ||||||
20 | against a person who has committed a knowing or repeated | ||||||
21 | violation of this Act, any rule adopted under this Act, or a | ||||||
22 | permit or term or condition of a permit issued under this Act. | ||||||
23 | (g) Any person with an interest that is or may be adversely | ||||||
24 | affected by a violation of this Act may institute a civil | ||||||
25 | action for an injunction to restrain a violation of this Act, | ||||||
26 | any rule or regulation adopted under this Act, a permit issued |
| |||||||
| |||||||
1 | or plan approved under this Act, or term or condition of a | ||||||
2 | permit issued under this Act, or for civil penalties for | ||||||
3 | violations of this Act, any rule adopted under this Act, a | ||||||
4 | permit issued under this Act or term or condition of a permit | ||||||
5 | issued under this Act. Any civil action shall be brought before | ||||||
6 | the circuit court of the county in which the violation occurred | ||||||
7 | or in the circuit court of Sangamon County. Venue shall be | ||||||
8 | considered proper in either court. Except as otherwise provided | ||||||
9 | in this Act, all civil penalties collected shall be deposited | ||||||
10 | in an account set up by the Agency within the Environmental | ||||||
11 | Protection Trust Fund for addressing violations of this Act. | ||||||
12 | (h) All final orders imposing civil penalties under this | ||||||
13 | Section shall prescribe the time for payment of those | ||||||
14 | penalties. If any penalty is not paid within the time | ||||||
15 | prescribed, interest on the penalty at the rate set forth in | ||||||
16 | subsection (a) of Section 1003 of the Illinois Income Tax Act | ||||||
17 | shall be paid for the period from the date the payment is due | ||||||
18 | until the date the payment is received. However, if the time | ||||||
19 | for payment is stayed during the pendency of an appeal, | ||||||
20 | interest shall not accrue during the stay.
| ||||||
21 | Section 90. Applicable federal, State, and local laws. | ||||||
22 | (a) Compliance with this Act does not relieve | ||||||
23 | responsibility for compliance with the Illinois Environmental | ||||||
24 | Protection Act and other applicable federal, State, and local | ||||||
25 | laws. This Act is intended to be more protective than federal |
| |||||||
| |||||||
1 | regulations and should be construed accordingly. | ||||||
2 | (b) Nothing in this Act shall be construed to preempt any | ||||||
3 | local laws that may otherwise operate to affect, govern, limit, | ||||||
4 | or prohibit disposal of CCR otherwise allowed under this Act.
| ||||||
5 | Section 900. The Environmental Protection Act is amended by | ||||||
6 | changing Section 3.135 as follows:
| ||||||
7 | (415 ILCS 5/3.135) (was 415 ILCS 5/3.94)
| ||||||
8 | Sec. 3.135. Coal combustion by-product; CCB.
| ||||||
9 | (a) "Coal combustion
by-product" (CCB) means coal | ||||||
10 | combustion waste when used beneficially in any of
the following | ||||||
11 | ways: | ||||||
12 | (1) The extraction or recovery of material compounds | ||||||
13 | contained within CCB.
| ||||||
14 | (2) The use of CCB as a raw ingredient or mineral | ||||||
15 | filler in the
manufacture of the following commercial | ||||||
16 | products: cement; concrete and concrete mortars; | ||||||
17 | cementious products
including block, pipe and | ||||||
18 | precast/prestressed components; asphalt or cementious | ||||||
19 | roofing products; plastic products including pipes and | ||||||
20 | fittings; paints
and metal alloys; kiln fired products | ||||||
21 | including bricks, blocks, and tiles; abrasive media; | ||||||
22 | gypsum wallboard; asphaltic concrete, or asphalt based | ||||||
23 | paving material. | ||||||
24 | (3) (Blank). CCB used (A) in accordance with the |
| |||||||
| |||||||
1 | Illinois Department of Transportation ("IDOT") standard
| ||||||
2 | specifications and subsection (a-5) of this Section or (B)
| ||||||
3 | under the
approval of the Department of Transportation for | ||||||
4 | IDOT projects.
| ||||||
5 | (4) (Blank). Bottom ash used as antiskid material, | ||||||
6 | athletic tracks, or foot paths.
| ||||||
7 | (5) (Blank). Use in the
stabilization or modification | ||||||
8 | of
soils providing the CCB meets the IDOT
specifications | ||||||
9 | for soil modifiers.
| ||||||
10 | (6) (Blank). CCB used as a functionally equivalent | ||||||
11 | substitute for agricultural lime as a soil conditioner.
| ||||||
12 | (6.5) CCB that is a synthetic gypsum that: | ||||||
13 | (A) has a calcium sulfate dihydrate content | ||||||
14 | greater than 90%, by dry weight, and is generated by the | ||||||
15 | lime or limestone forced oxidation process; | ||||||
16 | (B) is registered with the Illinois Department of | ||||||
17 | Agriculture as a fertilizer or soil amendment and is used | ||||||
18 | as a fertilizer or soil amendment; | ||||||
19 | (C) is a functionally equivalent substitute for | ||||||
20 | mined gypsum (calcium sulfate dihydrate) used as a | ||||||
21 | fertilizer or soil amendment; | ||||||
22 | (D) is used in accordance with, and applied at a | ||||||
23 | rate consistent with, documented recommendations of a | ||||||
24 | qualified agricultural professional or institution, | ||||||
25 | including, but not limited to any of the following: | ||||||
26 | certified crop adviser, agronomist, university researcher, |
| |||||||
| |||||||
1 | federal Natural Resources Conservation Service | ||||||
2 | Conservation Practice Standard regarding the amendment of | ||||||
3 | soil properties with gypsum, or State-approved nutrient | ||||||
4 | management plan; but in no case is applied at a rate | ||||||
5 | greater than 5 dry tons per acre per year; and | ||||||
6 | (E) has not been mixed with any waste. | ||||||
7 | (7) (Blank). Bottom ash used in non-IDOT pavement | ||||||
8 | sub-base or
base, pipe bedding, or foundation
backfill.
| ||||||
9 | (8) (Blank). Structural fill, designed and constructed | ||||||
10 | according to ASTM standard E2277-03 or Illinois Department | ||||||
11 | of Transportation specifications, when used in an | ||||||
12 | engineered application or combined
with cement, sand, or | ||||||
13 | water to produce a controlled strength fill material
and | ||||||
14 | covered with 12 inches of soil unless infiltration is | ||||||
15 | prevented by the
material itself or other cover material.
| ||||||
16 | (9) (Blank). Mine subsidence, mine fire control, mine | ||||||
17 | sealing, and mine reclamation. | ||||||
18 | (a-5) (Blank). Except to the extent that the uses are | ||||||
19 | otherwise authorized by law
without such restrictions, the uses | ||||||
20 | specified in items (a)(3)(A) and (a)(7) through (9) shall be | ||||||
21 | subject to the
following conditions:
| ||||||
22 | (A) CCB shall not have been mixed with hazardous waste | ||||||
23 | prior to use.
| ||||||
24 | (B) CCB shall not exceed Class I Groundwater Standards | ||||||
25 | for
metals when
tested utilizing test method ASTM D3987-85. | ||||||
26 | The sample or samples tested shall be representative of the |
| |||||||
| |||||||
1 | CCB being considered for use.
| ||||||
2 | (C) Unless otherwise exempted, users of CCB for the | ||||||
3 | purposes described in items (a)(3)(A) and (a)(7) through | ||||||
4 | (9) of this Section shall provide notification
to the | ||||||
5 | Agency for each project utilizing CCB documenting the | ||||||
6 | quantity of CCB
utilized and certification of compliance | ||||||
7 | with conditions (A) and (B) of this subsection.
| ||||||
8 | Notification shall not be required for users of CCB for | ||||||
9 | purposes described in items (a)(1), (a)(2), (a)(3)(B), | ||||||
10 | (a)(4), (a)(5) and (a)(6) of this Section, or as required | ||||||
11 | specifically under a beneficial use determination as | ||||||
12 | provided under this Section, or pavement base, parking lot | ||||||
13 | base, or
building base projects utilizing less than 10,000 | ||||||
14 | tons, flowable fill/grout
projects utilizing less than | ||||||
15 | 1,000 cubic yards or other applications utilizing
less than | ||||||
16 | 100 tons.
| ||||||
17 | (D) Fly ash shall be managed in a manner that minimizes | ||||||
18 | the generation
of airborne particles and dust using | ||||||
19 | techniques such as moisture conditioning,
granulating, | ||||||
20 | inground application, or other demonstrated method.
| ||||||
21 | (E) CCB is not to be accumulated speculatively. CCB is | ||||||
22 | not accumulated
speculatively if during the calendar year, | ||||||
23 | the CCB used is equal to 75% of the
CCB by weight or volume | ||||||
24 | accumulated at the beginning of the period.
| ||||||
25 | (F) CCB shall include any prescribed mixture of fly | ||||||
26 | ash, bottom ash, boiler slag, flue gas desulfurization |
| |||||||
| |||||||
1 | scrubber sludge, fluidized bed combustion ash, and stoker | ||||||
2 | boiler ash and shall be tested as intended for use.
| ||||||
3 | (b) (Blank). | ||||||
4 | (c) Users of CCB for the purposes described in this Section | ||||||
5 | shall provide notification to the Agency for each project | ||||||
6 | utilizing CCB documenting the quantity of CCB utilized. | ||||||
7 | (d) Fly ash shall be managed in a manner that minimizes the | ||||||
8 | generation of airborne particles and dust using techniques such | ||||||
9 | as moisture conditioning, granulating, inground application, | ||||||
10 | or other demonstrated method. | ||||||
11 | (e) CCB is not to be accumulated speculatively. CCB is not | ||||||
12 | accumulated speculatively if during the calendar year, the CCB | ||||||
13 | used is equal to 75% of the CCB by weight or volume accumulated | ||||||
14 | at the beginning of the period. | ||||||
15 | (f) CCB shall include any prescribed mixture of fly ash, | ||||||
16 | bottom ash, boiler slag, flue gas desulfurization scrubber | ||||||
17 | sludge, fluidized bed combustion ash, and stoker boiler ash and | ||||||
18 | shall be tested as intended for use. | ||||||
19 | To encourage and promote the utilization of CCB in | ||||||
20 | productive and beneficial
applications, upon request by the | ||||||
21 | applicant, the Agency shall make a written beneficial use | ||||||
22 | determination that coal-combustion
waste is CCB when used in a | ||||||
23 | manner other than those uses specified in subsection (a) of | ||||||
24 | this Section if the applicant demonstrates that use of the | ||||||
25 | coal-combustion waste satisfies all of the following criteria: | ||||||
26 | the use will not cause, threaten, or allow the discharge of any |
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1 | contaminant into the environment; the use will otherwise | ||||||
2 | protect human health and safety and the environment; and the | ||||||
3 | use constitutes a legitimate use of the coal-combustion waste | ||||||
4 | as an ingredient or raw material that is an effective | ||||||
5 | substitute for an analogous ingredient or raw material.
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6 | The Agency's beneficial use determinations may allow the | ||||||
7 | uses set forth in items (a)(3)(A) and (a)(7) through (9) of | ||||||
8 | this Section without the CCB being subject to the restrictions | ||||||
9 | set forth in subdivisions (a-5)(B) and (a-5)(E) of this | ||||||
10 | Section.
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11 | Within 90 days after the receipt of an application for a | ||||||
12 | beneficial use determination under this subsection (b), the | ||||||
13 | Agency shall, in writing, approve, disapprove, or approve with | ||||||
14 | conditions the beneficial use. Any disapproval or approval with | ||||||
15 | conditions shall include the Agency's reasons for the | ||||||
16 | disapproval or conditions. Failure of the Agency to issue a | ||||||
17 | decision within 90 days shall constitute disapproval of the | ||||||
18 | beneficial use request. These beneficial use determinations | ||||||
19 | are subject to review under Section 40 of this Act.
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20 | Any approval of a beneficial use under this subsection (b) | ||||||
21 | shall become effective upon the date of the Agency's written | ||||||
22 | decision and remain in effect for a period of 5 years. If an | ||||||
23 | applicant desires to continue a beneficial use after the | ||||||
24 | expiration of the 5-year period, the applicant must submit an | ||||||
25 | application for renewal no later than 90 days prior to the | ||||||
26 | expiration. The beneficial use approval shall be automatically |
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1 | extended unless denied by the Agency in writing with the | ||||||
2 | Agency's reasons for disapproval, or unless the Agency has | ||||||
3 | requested an extension for review, in which case the use will | ||||||
4 | continue to be allowed until an Agency determination is made. | ||||||
5 | Coal-combustion waste for which a beneficial use is | ||||||
6 | approved pursuant to this subsection (b) shall be considered | ||||||
7 | CCB during the effective period of the approval, as long as it | ||||||
8 | is used in accordance with the approval and any conditions. | ||||||
9 | Notwithstanding the other provisions of this subsection | ||||||
10 | (b), written beneficial use determination applications for the | ||||||
11 | use of CCB at sites governed by the federal Surface Mining | ||||||
12 | Control and Reclamation Act of 1977 (P.L. 95-87) or the rules | ||||||
13 | and regulations thereunder, or by any law or rule or regulation | ||||||
14 | adopted by the State of Illinois pursuant thereto, shall be | ||||||
15 | reviewed and approved by the Office of Mines and Minerals | ||||||
16 | within the Department of Natural Resources pursuant to 62 Ill. | ||||||
17 | Adm. Code §§ 1700-1850. Further, appeals of those | ||||||
18 | determinations shall be made pursuant to the Illinois | ||||||
19 | Administrative Review Law.
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20 | The Board shall adopt rules establishing standards and | ||||||
21 | procedures for the Agency's issuance of beneficial use | ||||||
22 | determinations under this subsection (b). The Board rules may | ||||||
23 | also, but are not required to, include standards and procedures | ||||||
24 | for the revocation of the beneficial use determinations. Prior | ||||||
25 | to the effective date of Board rules adopted under this | ||||||
26 | subsection (b), the Agency is authorized to make beneficial use |
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1 | determinations in accordance with this subsection (b). | ||||||
2 | (g) The Agency is authorized to prepare and distribute | ||||||
3 | guidance documents relating to its administration of this | ||||||
4 | Section. Guidance documents prepared under this subsection are | ||||||
5 | not rules for the purposes of the Illinois Administrative | ||||||
6 | Procedure Act.
| ||||||
7 | (Source: P.A. 99-20, eff. 7-10-15.)
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8 | Section 997. Severability. The provisions of this Act are | ||||||
9 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
10 | Section 999. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
|