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1 AN ACT concerning regulation.


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 Section 22.59 as follows:

6 (415 ILCS 5/22.59)
7 Sec. 22.59. CCR surface impoundments.
8 (a) The General Assembly finds that:
9  (1) the State of Illinois has a long-standing policy 
10 to restore, protect, and enhance the environment, 
11 including the purity of the air, land, and waters, 
12 including groundwaters, of this State;
13  (2) a clean environment is essential to the growth and 
14 well-being of this State;
15  (3) CCR generated by the electric generating industry 
16 has caused groundwater contamination and other forms of 
17 pollution at active and inactive plants throughout this 
18 State;
19  (4) environmental laws should be supplemented to 
20 ensure consistent, responsible regulation of all existing 
21 CCR surface impoundments; and
22  (5) meaningful participation of State residents, 
23 especially vulnerable populations who may be affected by 
 
 
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1 regulatory actions, is critical to ensure that 
2 environmental justice considerations are incorporated in 
3 the development of, decision-making related to, and 
4 implementation of environmental laws and rulemaking that 
5 protects and improves the well-being of communities in 
6 this State that bear disproportionate burdens imposed by 
7 environmental pollution.
8 Therefore, the purpose of this Section is to promote a 
9healthful environment, including clean water, air, and land, 
10meaningful public involvement, and the responsible disposal 
11and storage of coal combustion residuals, so as to protect 
12public health and to prevent pollution of the environment of 
13this State.
14 The provisions of this Section shall be liberally 
15construed to carry out the purposes of this Section.
16 (b) No person shall:
17  (1) cause or allow the discharge of any contaminants 
18 from a CCR surface impoundment into the environment so as 
19 to cause, directly or indirectly, a violation of this 
20 Section or any regulations or standards adopted by the 
21 Board under this Section, either alone or in combination 
22 with contaminants from other sources;
23  (2) construct, install, modify, operate, or close any 
24 CCR surface impoundment without a permit granted by the 
25 Agency, or so as to violate any conditions imposed by such 
26 permit, any provision of this Section or any regulations 
 
 
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1 or standards adopted by the Board under this Section; or
2  (3) cause or allow, directly or indirectly, the 
3 discharge, deposit, injection, dumping, spilling, leaking, 
4 or placing of any CCR upon the land in a place and manner 
5 so as to cause or tend to cause a violation this Section or 
6 any regulations or standards adopted by the Board under 
7 this Section.
8 (c) (Blank). For purposes of this Section, a permit issued 
9by the Administrator of the United States Environmental 
10Protection Agency under Section 4005 of the federal Resource 
11Conservation and Recovery Act, shall be deemed to be a permit 
12under this Section and subsection (y) of Section 39.
13 (d) Before commencing closure of a CCR surface 
14impoundment, in accordance with Board rules, the owner of a 
15CCR surface impoundment must submit to the Agency for approval 
16a closure alternatives analysis that analyzes all closure 
17methods being considered and that otherwise satisfies all 
18closure requirements adopted by the Board under this Act. 
19Complete removal of CCR, as specified by the Board's rules, 
20from the CCR surface impoundment must be considered and 
21analyzed. Section 3.405 does not apply to the Board's rules 
22specifying complete removal of CCR. The selected closure 
23method must ensure compliance with regulations adopted by the 
24Board pursuant to this Section.
25 (e) Owners or operators of CCR surface impoundments who 
26have submitted a closure plan to the Agency before May 1, 2019, 
 
 
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1and who have completed closure prior to 24 months after July 
230, 2019 (the effective date of Public Act 101-171) this 
3amendatory Act of the 101st General Assembly shall not be 
4required to obtain a construction permit for the surface 
5impoundment closure under this Section.
6 (f) Except for the State, its agencies and institutions, a 
7unit of local government, or not-for-profit electric 
8cooperative as defined in Section 3.4 of the Electric Supplier 
9Act, any person who owns or operates a CCR surface impoundment 
10in this State shall post with the Agency a performance bond or 
11other security for the purpose of: (i) ensuring closure of the 
12CCR surface impoundment and post-closure care in accordance 
13with this Act and its rules; and (ii) insuring remediation of 
14releases from the CCR surface impoundment. The only acceptable 
15forms of financial assurance are: a trust fund, a surety bond 
16guaranteeing payment, a surety bond guaranteeing performance, 
17or an irrevocable letter of credit.
18  (1) The cost estimate for the post-closure care of a 
19 CCR surface impoundment shall be calculated using a 
20 30-year post-closure care period or such longer period as 
21 may be approved by the Agency under Board or federal 
22 rules.
23  (2) The Agency is authorized to enter into such 
24 contracts and agreements as it may deem necessary to carry 
25 out the purposes of this Section. Neither the State, nor 
26 the Director, nor any State employee shall be liable for 
 
 
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1 any damages or injuries arising out of or resulting from 
2 any action taken under this Section.
3  (3) The Agency shall have the authority to approve or 
4 disapprove any performance bond or other security posted 
5 under this subsection. Any person whose performance bond 
6 or other security is disapproved by the Agency may contest 
7 the disapproval as a permit denial appeal pursuant to 
8 Section 40.
9 (g) The Board shall adopt rules establishing construction 
10permit requirements, operating permit requirements, design 
11standards, reporting, financial assurance, and closure and 
12post-closure care requirements for CCR surface impoundments. 
13Not later than 8 months after July 30, 2019 (the effective date 
14of Public Act 101-171) this amendatory Act of the 101st 
15General Assembly the Agency shall propose, and not later than 
16one year after receipt of the Agency's proposal the Board 
17shall adopt, rules under this Section. The rules must, at a 
18minimum:
19  (1) be at least as protective and comprehensive as the 
20 federal regulations or amendments thereto promulgated by 
21 the Administrator of the United States Environmental 
22 Protection Agency in Subpart D of 40 CFR 257 governing CCR 
23 surface impoundments;
24  (2) specify the minimum contents of CCR surface 
25 impoundment construction and operating permit 
26 applications, including the closure alternatives analysis 
 
 
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1 required under subsection (d);
2  (3) specify which types of permits include 
3 requirements for closure, post-closure, remediation and 
4 all other requirements applicable to CCR surface 
5 impoundments; 
6  (4) specify when permit applications for existing CCR 
7 surface impoundments must be submitted, taking into 
8 consideration whether the CCR surface impoundment must 
9 close under the RCRA;
10  (5) specify standards for review and approval by the 
11 Agency of CCR surface impoundment permit applications;
12  (6) specify meaningful public participation procedures 
13 for the issuance of CCR surface impoundment construction 
14 and operating permits, including, but not limited to, 
15 public notice of the submission of permit applications, an 
16 opportunity for the submission of public comments, an 
17 opportunity for a public hearing prior to permit issuance, 
18 and a summary and response of the comments prepared by the 
19 Agency;
20  (7) prescribe the type and amount of the performance 
21 bonds or other securities required under subsection (f), 
22 and the conditions under which the State is entitled to 
23 collect moneys from such performance bonds or other 
24 securities;
25  (8) specify a procedure to identify areas of 
26 environmental justice concern in relation to CCR surface 
 
 
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1 impoundments;
2  (9) specify a method to prioritize CCR surface 
3 impoundments required to close under RCRA if not otherwise 
4 specified by the United States Environmental Protection 
5 Agency, so that the CCR surface impoundments with the 
6 highest risk to public health and the environment, and 
7 areas of environmental justice concern are given first 
8 priority;
9  (10) define when complete removal of CCR is achieved 
10 and specify the standards for responsible removal of CCR 
11 from CCR surface impoundments, including, but not limited 
12 to, dust controls and the protection of adjacent surface 
13 water and groundwater; and
14  (11) describe the process and standards for 
15 identifying a specific alternative source of groundwater 
16 pollution when the owner or operator of the CCR surface 
17 impoundment believes that groundwater contamination on the 
18 site is not from the CCR surface impoundment.
19 (h) Any owner of a CCR surface impoundment that generates 
20CCR and sells or otherwise provides coal combustion byproducts 
21pursuant to Section 3.135 shall, every 12 months, post on its 
22publicly available website a report specifying the volume or 
23weight of CCR, in cubic yards or tons, that it sold or provided 
24during the past 12 months.
25 (i) The owner of a CCR surface impoundment shall post all 
26closure plans, permit applications, and supporting 
 
 
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1documentation, as well as any Agency approval of the plans or 
2applications on its publicly available website.
3 (j) The owner or operator of a CCR surface impoundment 
4shall pay the following fees:
5  (1) An initial fee to the Agency within 6 months after 
6 July 30, 2019 (the effective date of Public Act 101-171) 
7 this amendatory Act of the 101st General Assembly of:
8   $50,000 for each closed CCR surface impoundment; 
9 and
10   $75,000 for each CCR surface impoundment that have 
11 not completed closure.
12  (2) Annual fees to the Agency, beginning on July 1, 
13 2020, of:
14   $25,000 for each CCR surface impoundment that has 
15 not completed closure; and
16   $15,000 for each CCR surface impoundment that has 
17 completed closure, but has not completed post-closure 
18 care.
19 (k) All fees collected by the Agency under subsection (j) 
20shall be deposited into the Environmental Protection Permit 
21and Inspection Fund.
22 (l) The Coal Combustion Residual Surface Impoundment 
23Financial Assurance Fund is created as a special fund in the 
24State treasury. Any moneys forfeited to the State of Illinois 
25from any performance bond or other security required under 
26this Section shall be placed in the Coal Combustion Residual 
 
 
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1Surface Impoundment Financial Assurance Fund and shall, upon 
2approval by the Governor and the Director, be used by the 
3Agency for the purposes for which such performance bond or 
4other security was issued. The Coal Combustion Residual 
5Surface Impoundment Financial Assurance Fund is not subject to 
6the provisions of subsection (c) of Section 5 of the State 
7Finance Act.
8 (m) The provisions of this Section shall apply, without 
9limitation, to all existing CCR surface impoundments and any 
10CCR surface impoundments constructed after July 30, 2019 (the 
11effective date of Public Act 101-171) this amendatory Act of 
12the 101st General Assembly, except to the extent prohibited by 
13the Illinois or United States Constitutions.

14(Source: P.A. 101-171, eff. 7-30-19; revised 10-22-19.)


15 Section 99. Effective date. This Act takes effect upon 
16becoming law.