Bill Text: IL HB2880 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Environmental Protection Act. Provides that no later than 6 months after the effective date, the Environmental Protection Agency shall propose to the Board, and, no later than one year after the Board's receipt of the Agency's proposal, the Board shall adopt rules allowing for the subdivision of areas within a permitted clean construction or demolition debris site for specified purposes. Contains provisions concerning requirements for the rules. Provides that until the effective date of the rules adopted following the Agency's proposal, the Agency may grant permit modifications for closure of a subdivided area within a permitted clean construction and demolition debris fill operation upon application by the clean construction and demolition debris fill operator as long as any permit modification so granted by the Agency is protective of human health and the environment. Provides that the Agency shall consult with members of the mining, construction, and real estate development industry during the development of any rules to promote the purpose of specified provisions.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Engrossed) 2017-05-22 - Sponsor Removed Sen. Pamela J. Althoff [HB2880 Detail]

Download: Illinois-2017-HB2880-Engrossed.html



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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended by
5changing Sections 21.1 and 22.51 as follows:
6 (415 ILCS 5/21.1) (from Ch. 111 1/2, par. 1021.1)
7 Sec. 21.1. (a) Except as provided in subsection (a.5), no
8person other than the State of Illinois, its agencies and
9institutions, or a unit of local government shall own or
10operate a MSWLF unit or other waste disposal operation on or
11after March 1, 1985, which requires a permit under subsection
12(d) of Section 21 of this Act, unless such person has posted
13with the Agency a performance bond or other security for the
14purpose of insuring closure of the site and post-closure care
15in accordance with this Act and regulations adopted thereunder.
16 (a.5) On and after the effective date established by the
17United States Environmental Protection Agency for MSWLF units
18to provide financial assurance under Subtitle D of the Resource
19Conservation and Recovery Act, no person, other than the State
20of Illinois, its agencies and institutions, shall own or
21operate a MSWLF unit that requires a permit under subsection
22(d) of Section 21 of this Act, unless that person has posted
23with the Agency a performance bond or other security for the

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1purposes of:
2 (1) insuring closure of the site and post-closure care
3 in accordance with this Act and its rules; and
4 (2) insuring completion of a corrective action remedy
5 when required by Board rules adopted under Section 22.40 of
6 this Act or when required by Section 22.41 of this Act.
7 The performance bond or other security requirement set
8forth in this Section may be fulfilled by closure or
9post-closure insurance, or both, issued by an insurer licensed
10to transact the business of insurance by the Department of
11Insurance or at a minimum the insurer must be licensed to
12transact the business of insurance or approved to provide
13insurance as an excess or surplus lines insurer by the
14insurance department in one or more states.
15 (b) On or before January 1, 1985, the Board shall adopt
16regulations to promote the purposes of this Section. Without
17limiting the generality of this authority, such regulations
18may, among other things, prescribe the type and amount of the
19performance bonds or other securities required under
20subsections (a) and (a.5) of this Section, and the conditions
21under which the State is entitled to collect monies from such
22performance bonds or other securities. The bond amount shall be
23directly related to the design and volume of the site. The cost
24estimate for the post-closure care of a MSWLF unit shall be
25calculated using a 30 year post-closure care period or such
26other period as may be approved by the Agency under Board or

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1federal rules. On and after the effective date established by
2the United States Environmental Protection Agency for MSWLF
3units to provide financial assurance under Subtitle D of the
4Resource Conservation and Recovery Act, closure, post-closure
5care, and corrective action cost estimates for MSWLF units
6shall be in current dollars.
7 (c) There is hereby created within the State Treasury a
8special fund to be known as the "Landfill Closure and
9Post-Closure Fund". Any monies forfeited to the State of
10Illinois from any performance bond or other security required
11under this Section or under subdivision (f)(4) of Section 22.51
12shall be placed in the "Landfill Closure and Post-Closure Fund"
13and shall, upon approval by the Governor and the Director, be
14used by and under the direction of the Agency for the purposes
15for which such performance bond or other security was issued.
16The Landfill Closure and Post-Closure Fund is not subject to
17the provisions of subsection (c) of Section 5 of the State
18Finance Act.
19 (d) The Agency is authorized to enter into such contracts
20and agreements as it may deem necessary to carry out the
21purposes of this Section. Neither the State, nor the Director,
22nor any State employee shall be liable for any damages or
23injuries arising out of or resulting from any action taken
24under this Section.
25 (e) The Agency shall have the authority to approve or
26disapprove any performance bond or other security posted

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1pursuant to subsection (a) or (a.5) of this Section. Any person
2whose performance bond or other security is disapproved by the
3Agency may contest the disapproval as a permit denial appeal
4pursuant to Section 40 of this Act.
5 (f) The Agency may establish such procedures as it may deem
6necessary for the purpose of implementing and executing its
7responsibilities under this Section.
8 (g) Nothing in this Section shall bar a cause of action by
9the State for any other penalty or relief provided by this Act
10or any other law.
11(Source: P.A. 97-887, eff. 8-2-12.)
12 (415 ILCS 5/22.51)
13 Sec. 22.51. Clean Construction or Demolition Debris Fill
14Operations.
15 (a) No person shall conduct any clean construction or
16demolition debris fill operation in violation of this Act or
17any regulations or standards adopted by the Board.
18 (b)(1)(A) Beginning August 18, 2005 but prior to July 1,
192008, no person shall use clean construction or demolition
20debris as fill material in a current or former quarry, mine, or
21other excavation, unless they have applied for an interim
22authorization from the Agency for the clean construction or
23demolition debris fill operation.
24 (B) The Agency shall approve an interim authorization upon
25its receipt of a written application for the interim

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1authorization that is signed by the site owner and the site
2operator, or their duly authorized agent, and that contains the
3following information: (i) the location of the site where the
4clean construction or demolition debris fill operation is
5taking place, (ii) the name and address of the site owner,
6(iii) the name and address of the site operator, and (iv) the
7types and amounts of clean construction or demolition debris
8being used as fill material at the site.
9 (C) The Agency may deny an interim authorization if the
10site owner or the site operator, or their duly authorized
11agent, fails to provide to the Agency the information listed in
12subsection (b)(1)(B) of this Section. Any denial of an interim
13authorization shall be subject to appeal to the Board in
14accordance with the procedures of Section 40 of this Act.
15 (D) No person shall use clean construction or demolition
16debris as fill material in a current or former quarry, mine, or
17other excavation for which the Agency has denied interim
18authorization under subsection (b)(1)(C) of this Section. The
19Board may stay the prohibition of this subsection (D) during
20the pendency of an appeal of the Agency's denial of the interim
21authorization brought under subsection (b)(1)(C) of this
22Section.
23 (2) Beginning September 1, 2006, owners and operators of
24clean construction or demolition debris fill operations shall,
25in accordance with a schedule prescribed by the Agency, submit
26to the Agency applications for the permits required under this

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1Section. The Agency shall notify owners and operators in
2writing of the due date for their permit application. The due
3date shall be no less than 90 days after the date of the
4Agency's written notification. Owners and operators who do not
5receive a written notification from the Agency by October 1,
62007, shall submit a permit application to the Agency by
7January 1, 2008. The interim authorization of owners and
8operators who fail to submit a permit application to the Agency
9by the permit application's due date shall terminate on (i) the
10due date established by the Agency if the owner or operator
11received a written notification from the Agency prior to
12October 1, 2007, or (ii) or January 1, 2008, if the owner or
13operator did not receive a written notification from the Agency
14by October 1, 2007.
15 (3) On and after July 1, 2008, no person shall use clean
16construction or demolition debris as fill material in a current
17or former quarry, mine, or other excavation (i) without a
18permit granted by the Agency for the clean construction or
19demolition debris fill operation or in violation of any
20conditions imposed by such permit, including periodic reports
21and full access to adequate records and the inspection of
22facilities, as may be necessary to assure compliance with this
23Act and with Board regulations and standards adopted under this
24Act or (ii) in violation of any regulations or standards
25adopted by the Board under this Act.
26 (4) This subsection (b) does not apply to:

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1 (A) the use of clean construction or demolition debris
2 as fill material in a current or former quarry, mine, or
3 other excavation located on the site where the clean
4 construction or demolition debris was generated;
5 (B) the use of clean construction or demolition debris
6 as fill material in an excavation other than a current or
7 former quarry or mine if this use complies with Illinois
8 Department of Transportation specifications; or
9 (C) current or former quarries, mines, and other
10 excavations that do not use clean construction or
11 demolition debris as fill material.
12 (c) In accordance with Title VII of this Act, the Board may
13adopt regulations to promote the purposes of this Section. The
14Agency shall consult with the mining and construction
15industries during the development of any regulations to promote
16the purposes of this Section.
17 (1) No later than December 15, 2005, the Agency shall
18 propose to the Board, and no later than September 1, 2006,
19 the Board shall adopt, regulations for the use of clean
20 construction or demolition debris as fill material in
21 current and former quarries, mines, and other excavations.
22 Such regulations shall include, but shall not be limited
23 to, standards for clean construction or demolition debris
24 fill operations and the submission and review of permits
25 required under this Section.
26 (2) Until the Board adopts rules under subsection

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1 (c)(1) of this Section, all persons using clean
2 construction or demolition debris as fill material in a
3 current or former quarry, mine, or other excavation shall:
4 (A) Assure that only clean construction or
5 demolition debris is being used as fill material by
6 screening each truckload of material received using a
7 device approved by the Agency that detects volatile
8 organic compounds. Such devices may include, but are
9 not limited to, photo ionization detectors. All
10 screening devices shall be operated and maintained in
11 accordance with manufacturer's specifications.
12 Unacceptable fill material shall be rejected from the
13 site; and
14 (B) Retain for a minimum of 3 years the following
15 information:
16 (i) The name of the hauler, the name of the
17 generator, and place of origin of the debris or
18 soil;
19 (ii) The approximate weight or volume of the
20 debris or soil; and
21 (iii) The date the debris or soil was received.
22 (d) This Section applies only to clean construction or
23demolition debris that is not considered "waste" as provided in
24Section 3.160 of this Act.
25 (e) For purposes of this Section:
26 (1) The term "operator" means a person responsible for

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1 the operation and maintenance of a clean construction or
2 demolition debris fill operation.
3 (2) The term "owner" means a person who has any direct
4 or indirect interest in a clean construction or demolition
5 debris fill operation or in land on which a person operates
6 and maintains a clean construction or demolition debris
7 fill operation. A "direct or indirect interest" does not
8 include the ownership of publicly traded stock. The "owner"
9 is the "operator" if there is no other person who is
10 operating and maintaining a clean construction or
11 demolition debris fill operation.
12 (3) The term "clean construction or demolition debris
13 fill operation" means a current or former quarry, mine, or
14 other excavation where clean construction or demolition
15 debris is used as fill material.
16 (4) The term "uncontaminated soil" shall have the same
17 meaning as uncontaminated soil under Section 3.160 of this
18 Act.
19 (f)(1) No later than one year after the effective date of
20this amendatory Act of the 96th General Assembly, the Agency
21shall propose to the Board, and, no later than one year after
22the Board's receipt of the Agency's proposal, the Board shall
23adopt, rules for the use of clean construction or demolition
24debris and uncontaminated soil as fill material at clean
25construction or demolition debris fill operations. The rules
26must include standards and procedures necessary to protect

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1groundwater, which may include, but shall not be limited to,
2the following: requirements regarding testing and
3certification of soil used as fill material, surface water
4runoff, liners or other protective barriers, monitoring
5(including, but not limited to, groundwater monitoring),
6corrective action, recordkeeping, reporting, closure and
7post-closure care, financial assurance, post-closure land use
8controls, location standards, and the modification of existing
9permits to conform to the requirements of this Act and Board
10rules. The rules may also include limits on the use of
11recyclable concrete and asphalt as fill material at clean
12construction or demolition debris fill operations, taking into
13account factors such as technical feasibility, economic
14reasonableness, and the availability of markets for such
15materials.
16 (2) Until the effective date of the Board rules adopted
17under subdivision (f)(1) of this Section, and in addition to
18any other requirements, owners and operators of clean
19construction or demolition debris fill operations must do all
20of the following in subdivisions (f)(2)(A) through (f)(2)(D) of
21this Section for all clean construction or demolition debris
22and uncontaminated soil accepted for use as fill material. The
23requirements in subdivisions (f)(2)(A) through (f)(2)(D) of
24this Section shall not limit any rules adopted by the Board.
25 (A) Document the following information for each load of
26 clean construction or demolition debris or uncontaminated

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1 soil received: (i) the name of the hauler, the address of
2 the site of origin, and the owner and the operator of the
3 site of origin of the clean construction or demolition
4 debris or uncontaminated soil, (ii) the weight or volume of
5 the clean construction or demolition debris or
6 uncontaminated soil, and (iii) the date the clean
7 construction or demolition debris or uncontaminated soil
8 was received.
9 (B) For all soil, obtain either (i) a certification
10 from the owner or operator of the site from which the soil
11 was removed that the site has never been used for
12 commercial or industrial purposes and is presumed to be
13 uncontaminated soil or (ii) a certification from a licensed
14 Professional Engineer or licensed Professional Geologist
15 that the soil is uncontaminated soil. Certifications
16 required under this subdivision (f)(2)(B) must be on forms
17 and in a format prescribed by the Agency.
18 (C) Confirm that the clean construction or demolition
19 debris or uncontaminated soil was not removed from a site
20 as part of a cleanup or removal of contaminants, including,
21 but not limited to, activities conducted under the
22 Comprehensive Environmental Response, Compensation, and
23 Liability Act of 1980, as amended; as part of a Closure or
24 Corrective Action under the Resource Conservation and
25 Recovery Act, as amended; or under an Agency remediation
26 program, such as the Leaking Underground Storage Tank

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1 Program or Site Remediation Program, but excluding sites
2 subject to Section 58.16 of this Act where there is no
3 presence or likely presence of a release or a substantial
4 threat of a release of a regulated substance at, on, or
5 from the real property.
6 (D) Document all activities required under subdivision
7 (f)(2) of this Section. Documentation of any chemical
8 analysis must include, but is not limited to, (i) a copy of
9 the lab analysis, (ii) accreditation status of the
10 laboratory performing the analysis, and (iii)
11 certification by an authorized agent of the laboratory that
12 the analysis has been performed in accordance with the
13 Agency's rules for the accreditation of environmental
14 laboratories and the scope of accreditation.
15 (3) Owners and operators of clean construction or
16demolition debris fill operations must maintain all
17documentation required under subdivision (f)(2) of this
18Section for a minimum of 3 years following the receipt of each
19load of clean construction or demolition debris or
20uncontaminated soil, except that documentation relating to an
21appeal, litigation, or other disputed claim must be maintained
22until at least 3 years after the date of the final disposition
23of the appeal, litigation, or other disputed claim. Copies of
24the documentation must be made available to the Agency and to
25units of local government for inspection and copying during
26normal business hours. The Agency may prescribe forms and

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1formats for the documentation required under subdivision
2(f)(2) of this Section.
3 Chemical analysis conducted under subdivision (f)(2) of
4this Section must be conducted in accordance with the
5requirements of 35 Ill. Adm. Code 742, as amended, and "Test
6Methods for Evaluating Solid Waste, Physical/Chemical
7Methods", USEPA Publication No. SW-846, as amended.
8 (4) No later than one year after the effective date of this
9amendatory Act of the 100th General Assembly, the Agency shall
10propose to the Board, and, no later than one year after receipt
11of the Agency's proposal, the Board shall adopt rules that
12allow owners and operators of clean construction or demolition
13debris fill operations who are transferring a portion of a fill
14operation site to another person to be released from permitting
15requirements with respect to the transferred portion of the
16fill operation site, if all of the following have been
17satisfied:
18 (A) The owner or operator files with the Agency:
19 (i) an application to modify the fill operation
20 permit to recognize a change in ownership of the
21 transferred property prior to completion of closure
22 and post-closure maintenance;
23 (ii) a document identifying the portion of the site
24 being transferred; and
25 (iii) a copy of plans describing how the portion of
26 the site being transferred will be developed.

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1 (B) The portion of the site being transferred is filled
2 to within at least 3 feet of the final fill elevation that
3 would otherwise be required under the closure and
4 post-closure maintenance requirements in the permit.
5 (C) The owner or operator posts with the Agency a
6 performance bond for the purposes of closure and
7 post-closure maintenance of the portion of the site being
8 transferred. The bond amount shall be directly related to
9 the estimate of the costs for the Agency to remediate the
10 transferred portion of the site to a condition consistent
11 with the closure and post-closure maintenance requirements
12 applicable to the site.
13 The rules adopted pursuant to this subdivision (f)(4) shall
14include the conditions under which the State is entitled to
15collect monies from the performance bond. Those conditions may
16include, but are not limited to, the failure of the transferee
17to timely commence development or complete development of the
18portion of the site being transferred.
19 Any moneys forfeited to the State of Illinois from any
20performance bond required under this subdivision (f)(4) shall
21be placed in the Landfill Closure and Post-Closure Fund
22established under Section 21.1 of this Act and shall, upon
23approval by the Governor and the Director of the Agency, be
24used by and under the direction of the Agency for the purposes
25for which the performance bond was issued.
26 The Agency is authorized to enter into such contracts and

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1agreements as it may deem necessary to carry out the purposes
2of this Section. Neither the State, nor the Director of the
3Agency, nor any State employee shall be liable for any damages
4or injuries arising out of or resulting from any action taken
5under this Section.
6 The Agency shall have the authority to approve or
7disapprove any performance bond posted pursuant to this
8subdivision (f)(4). Any person whose performance bond is
9disapproved by the Agency may contest the disapproval in the
10same manner as a permit denial appeal pursuant to Section 40 of
11this Act.
12 The Agency may establish such procedures as the Agency may
13deem necessary for the purpose of implementing and executing
14the Agency's responsibilities under this subdivision (f)(4).
15Until the effective date of rules adopted pursuant to this
16subdivision (f)(4), the Agency may, consistent with the terms
17of this subdivision (f)(4), allow owners and operators of clean
18construction or demolition debris fill operations who are
19transferring all or a portion of a fill operation site to
20another person to be released from permitting requirements with
21respect to the transferred portions of the fill operation site.
22 Nothing in this subdivision (f)(4) shall bar a cause of
23action by the State for any other penalty or relief provided by
24this Act or any other law.
25 (g)(1) No person shall use soil other than uncontaminated
26soil as fill material at a clean construction or demolition

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1debris fill operation.
2 (2) No person shall use construction or demolition debris
3other than clean construction or demolition debris as fill
4material at a clean construction or demolition debris fill
5operation.
6(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
7 Section 99. Effective date. This Act takes effect upon
8becoming law.
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