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| Public Act 102-0137
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| HB3783 Enrolled | LRB102 15016 CPF 20371 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by |
changing Section 22.59 as follows:
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(415 ILCS 5/22.59) |
Sec. 22.59. CCR surface impoundments. |
(a) The General Assembly finds that: |
(1) the State of Illinois has a long-standing policy |
to restore, protect, and enhance the environment, |
including the purity of the air, land, and waters, |
including groundwaters, of this State; |
(2) a clean environment is essential to the growth and |
well-being of this State; |
(3) CCR generated by the electric generating industry |
has caused groundwater contamination and other forms of |
pollution at active and inactive plants throughout this |
State; |
(4) environmental laws should be supplemented to |
ensure consistent, responsible regulation of all existing |
CCR surface impoundments; and |
(5) meaningful participation of State residents, |
especially vulnerable populations who may be affected by |
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regulatory actions, is critical to ensure that |
environmental justice considerations are incorporated in |
the development of, decision-making related to, and |
implementation of environmental laws and rulemaking that |
protects and improves the well-being of communities in |
this State that bear disproportionate burdens imposed by |
environmental pollution. |
Therefore, the purpose of this Section is to promote a |
healthful environment, including clean water, air, and land, |
meaningful public involvement, and the responsible disposal |
and storage of coal combustion residuals, so as to protect |
public health and to prevent pollution of the environment of |
this State. |
The provisions of this Section shall be liberally |
construed to carry out the purposes of this Section. |
(b) No person shall: |
(1) cause or allow the discharge of any contaminants |
from a CCR surface impoundment into the environment so as |
to cause, directly or indirectly, a violation of this |
Section or any regulations or standards adopted by the |
Board under this Section, either alone or in combination |
with contaminants from other sources; |
(2) construct, install, modify, operate, or close any |
CCR surface impoundment without a permit granted by the |
Agency, or so as to violate any conditions imposed by such |
permit, any provision of this Section or any regulations |
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or standards adopted by the Board under this Section; or |
(3) cause or allow, directly or indirectly, the |
discharge, deposit, injection, dumping, spilling, leaking, |
or placing of any CCR upon the land in a place and manner |
so as to cause or tend to cause a violation this Section or |
any regulations or standards adopted by the Board under |
this Section; or . |
(4) construct, install, modify, or close a CCR surface
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impoundment in accordance with a permit issued under this
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Act without certifying to the Agency that all contractors, |
subcontractors, and installers utilized to construct, |
install, modify, or close a CCR surface impoundment are |
participants in: |
(A) a training program that is approved by and
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registered with the United States Department of
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Labor's Employment and Training Administration and
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that includes instruction in erosion control and
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environmental remediation; and |
(B) a training program that is approved by and
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registered with the United States Department of
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Labor's Employment and Training Administration and
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that includes instruction in the operation of heavy
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equipment and excavation. |
Nothing in this paragraph (4) shall be construed to |
require providers of construction-related professional |
services to participate in a training program approved by |
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and registered with the United States Department of |
Labor's Employment and Training Administration. |
In this paragraph (4), "construction-related |
professional services" includes, but is
not limited to, |
those services within the scope of: (i) the
practice of |
architecture as regulated under the
Illinois Architecture |
Practice Act of 1989; (ii) professional
engineering as |
defined in Section 4 of the Professional
Engineering |
Practice Act of 1989; (iii) the practice of a structural
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engineer as defined in Section 4 of the Structural |
Engineering Practice Act of
1989; or (iv) land surveying |
under the Illinois Professional Land
Surveyor Act of 1989. |
(c) For purposes of this Section, a permit issued by the |
Administrator of the United States Environmental Protection |
Agency under Section 4005 of the federal Resource Conservation |
and Recovery Act, shall be deemed to be a permit under this |
Section and subsection (y) of Section 39. |
(d) Before commencing closure of a CCR surface |
impoundment, in accordance with Board rules, the owner of a |
CCR surface impoundment must submit to the Agency for approval |
a closure alternatives analysis that analyzes all closure |
methods being considered and that otherwise satisfies all |
closure requirements adopted by the Board under this Act. |
Complete removal of CCR, as specified by the Board's rules, |
from the CCR surface impoundment must be considered and |
analyzed. Section 3.405 does not apply to the Board's rules |
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specifying complete removal of CCR. The selected closure |
method must ensure compliance with regulations adopted by the |
Board pursuant to this Section. |
(e) Owners or operators of CCR surface impoundments who |
have submitted a closure plan to the Agency before May 1, 2019, |
and who have completed closure prior to 24 months after July |
30, 2019 (the effective date of Public Act 101-171) this |
amendatory Act of the 101st General Assembly shall not be |
required to obtain a construction permit for the surface |
impoundment closure under this Section. |
(f) Except for the State, its agencies and institutions, a |
unit of local government, or not-for-profit electric |
cooperative as defined in Section 3.4 of the Electric Supplier |
Act, any person who owns or operates a CCR surface impoundment |
in this State shall post with the Agency a performance bond or |
other security for the purpose of: (i) ensuring closure of the |
CCR surface impoundment and post-closure care in accordance |
with this Act and its rules; and (ii) ensuring insuring |
remediation of releases from the CCR surface impoundment. The |
only acceptable forms of financial assurance are: a trust |
fund, a surety bond guaranteeing payment, a surety bond |
guaranteeing performance, or an irrevocable letter of credit. |
(1) The cost estimate for the post-closure care of a |
CCR surface impoundment shall be calculated using a |
30-year post-closure care period or such longer period as |
may be approved by the Agency under Board or federal |
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rules. |
(2) The Agency is authorized to enter into such |
contracts and agreements as it may deem necessary to carry |
out the purposes of this Section. Neither the State, nor |
the Director, nor any State employee shall be liable for |
any damages or injuries arising out of or resulting from |
any action taken under this Section. |
(3) The Agency shall have the authority to approve or |
disapprove any performance bond or other security posted |
under this subsection. Any person whose performance bond |
or other security is disapproved by the Agency may contest |
the disapproval as a permit denial appeal pursuant to |
Section 40. |
(g) The Board shall adopt rules establishing construction |
permit requirements, operating permit requirements, design |
standards, reporting, financial assurance, and closure and |
post-closure care requirements for CCR surface impoundments. |
Not later than 8 months after July 30, 2019 (the effective date |
of Public Act 101-171) this amendatory Act of the 101st |
General Assembly the Agency shall propose, and not later than |
one year after receipt of the Agency's proposal the Board |
shall adopt, rules under this Section. The rules must, at a |
minimum: |
(1) be at least as protective and comprehensive as the |
federal regulations or amendments thereto promulgated by |
the Administrator of the United States Environmental |
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Protection Agency in Subpart D of 40 CFR 257 governing CCR |
surface impoundments; |
(2) specify the minimum contents of CCR surface |
impoundment construction and operating permit |
applications, including the closure alternatives analysis |
required under subsection (d); |
(3) specify which types of permits include |
requirements for closure, post-closure, remediation and |
all other requirements applicable to CCR surface |
impoundments; |
(4) specify when permit applications for existing CCR |
surface impoundments must be submitted, taking into |
consideration whether the CCR surface impoundment must |
close under the RCRA; |
(5) specify standards for review and approval by the |
Agency of CCR surface impoundment permit applications; |
(6) specify meaningful public participation procedures |
for the issuance of CCR surface impoundment construction |
and operating permits, including, but not limited to, |
public notice of the submission of permit applications, an |
opportunity for the submission of public comments, an |
opportunity for a public hearing prior to permit issuance, |
and a summary and response of the comments prepared by the |
Agency; |
(7) prescribe the type and amount of the performance |
bonds or other securities required under subsection (f), |
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and the conditions under which the State is entitled to |
collect moneys from such performance bonds or other |
securities; |
(8) specify a procedure to identify areas of |
environmental justice concern in relation to CCR surface |
impoundments; |
(9) specify a method to prioritize CCR surface |
impoundments required to close under RCRA if not otherwise |
specified by the United States Environmental Protection |
Agency, so that the CCR surface impoundments with the |
highest risk to public health and the environment, and |
areas of environmental justice concern are given first |
priority; |
(10) define when complete removal of CCR is achieved |
and specify the standards for responsible removal of CCR |
from CCR surface impoundments, including, but not limited |
to, dust controls and the protection of adjacent surface |
water and groundwater; and |
(11) describe the process and standards for |
identifying a specific alternative source of groundwater |
pollution when the owner or operator of the CCR surface |
impoundment believes that groundwater contamination on the |
site is not from the CCR surface impoundment. |
(h) Any owner of a CCR surface impoundment that generates |
CCR and sells or otherwise provides coal combustion byproducts |
pursuant to Section 3.135 shall, every 12 months, post on its |
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publicly available website a report specifying the volume or |
weight of CCR, in cubic yards or tons, that it sold or provided |
during the past 12 months. |
(i) The owner of a CCR surface impoundment shall post all |
closure plans, permit applications, and supporting |
documentation, as well as any Agency approval of the plans or |
applications on its publicly available website. |
(j) The owner or operator of a CCR surface impoundment |
shall pay the following fees: |
(1) An initial fee to the Agency within 6 months after |
July 30, 2019 (the effective date of Public Act 101-171) |
this amendatory Act of the 101st General Assembly of: |
$50,000 for each closed CCR surface impoundment; |
and |
$75,000 for each CCR surface impoundment that have |
not completed closure. |
(2) Annual fees to the Agency, beginning on July 1, |
2020, of: |
$25,000 for each CCR surface impoundment that has |
not completed closure; and |
$15,000 for each CCR surface impoundment that has |
completed closure, but has not completed post-closure |
care. |
(k) All fees collected by the Agency under subsection (j) |
shall be deposited into the Environmental Protection Permit |
and Inspection Fund. |
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(l) The Coal Combustion Residual Surface Impoundment |
Financial Assurance Fund is created as a special fund in the |
State treasury. Any moneys forfeited to the State of Illinois |
from any performance bond or other security required under |
this Section shall be placed in the Coal Combustion Residual |
Surface Impoundment Financial Assurance Fund and shall, upon |
approval by the Governor and the Director, be used by the |
Agency for the purposes for which such performance bond or |
other security was issued. The Coal Combustion Residual |
Surface Impoundment Financial Assurance Fund is not subject to |
the provisions of subsection (c) of Section 5 of the State |
Finance Act. |
(m) The provisions of this Section shall apply, without |
limitation, to all existing CCR surface impoundments and any |
CCR surface impoundments constructed after July 30, 2019 (the |
effective date of Public Act 101-171) this amendatory Act of |
the 101st General Assembly, except to the extent prohibited by |
the Illinois or United States Constitutions.
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(Source: P.A. 101-171, eff. 7-30-19; revised 10-22-19.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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