Bill Text: IL SB1086 | 2021-2022 | 102nd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Environmental Protection Act. In provisions regarding CCR surface impoundments, removes language providing that a permit issued by the Administrator of the United States Environmental Protection Agency under specified provisions of the federal Resource Conservation and Recovery Act shall be deemed to be a permit under specified State provisions. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2021-08-06 - Public Act . . . . . . . . . 102-0309 [SB1086 Detail]
Download: Illinois-2021-SB1086-Enrolled.html
Bill Title: Amends the Environmental Protection Act. In provisions regarding CCR surface impoundments, removes language providing that a permit issued by the Administrator of the United States Environmental Protection Agency under specified provisions of the federal Resource Conservation and Recovery Act shall be deemed to be a permit under specified State provisions. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2021-08-06 - Public Act . . . . . . . . . 102-0309 [SB1086 Detail]
Download: Illinois-2021-SB1086-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Section 22.59 as follows:
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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 | ||||||
9 | healthful environment, including clean water, air, and land, | ||||||
10 | meaningful public involvement, and the responsible disposal | ||||||
11 | and storage of coal combustion residuals, so as to protect | ||||||
12 | public health and to prevent pollution of the environment of | ||||||
13 | this State. | ||||||
14 | The provisions of this Section shall be liberally | ||||||
15 | construed 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 | ||||||
9 | by the Administrator of the United States Environmental | ||||||
10 | Protection Agency under Section 4005 of the federal Resource | ||||||
11 | Conservation and Recovery Act, shall be deemed to be a permit | ||||||
12 | under this Section and subsection (y) of Section 39. | ||||||
13 | (d) Before commencing closure of a CCR surface | ||||||
14 | impoundment, in accordance with Board rules, the owner of a | ||||||
15 | CCR surface impoundment must submit to the Agency for approval | ||||||
16 | a closure alternatives analysis that analyzes all closure | ||||||
17 | methods being considered and that otherwise satisfies all | ||||||
18 | closure requirements adopted by the Board under this Act. | ||||||
19 | Complete removal of CCR, as specified by the Board's rules, | ||||||
20 | from the CCR surface impoundment must be considered and | ||||||
21 | analyzed. Section 3.405 does not apply to the Board's rules | ||||||
22 | specifying complete removal of CCR. The selected closure | ||||||
23 | method must ensure compliance with regulations adopted by the | ||||||
24 | Board pursuant to this Section. | ||||||
25 | (e) Owners or operators of CCR surface impoundments who | ||||||
26 | have submitted a closure plan to the Agency before May 1, 2019, |
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1 | and who have completed closure prior to 24 months after July | ||||||
2 | 30, 2019 ( the effective date of Public Act 101-171) this | ||||||
3 | amendatory Act of the 101st General Assembly shall not be | ||||||
4 | required to obtain a construction permit for the surface | ||||||
5 | impoundment closure under this Section. | ||||||
6 | (f) Except for the State, its agencies and institutions, a | ||||||
7 | unit of local government, or not-for-profit electric | ||||||
8 | cooperative as defined in Section 3.4 of the Electric Supplier | ||||||
9 | Act, any person who owns or operates a CCR surface impoundment | ||||||
10 | in this State shall post with the Agency a performance bond or | ||||||
11 | other security for the purpose of: (i) ensuring closure of the | ||||||
12 | CCR surface impoundment and post-closure care in accordance | ||||||
13 | with this Act and its rules; and (ii) insuring remediation of | ||||||
14 | releases from the CCR surface impoundment. The only acceptable | ||||||
15 | forms of financial assurance are: a trust fund, a surety bond | ||||||
16 | guaranteeing payment, a surety bond guaranteeing performance, | ||||||
17 | or 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 | ||||||
10 | permit requirements, operating permit requirements, design | ||||||
11 | standards, reporting, financial assurance, and closure and | ||||||
12 | post-closure care requirements for CCR surface impoundments. | ||||||
13 | Not later than 8 months after July 30, 2019 ( the effective date | ||||||
14 | of Public Act 101-171) this amendatory Act of the 101st | ||||||
15 | General Assembly the Agency shall propose, and not later than | ||||||
16 | one year after receipt of the Agency's proposal the Board | ||||||
17 | shall adopt, rules under this Section. The rules must, at a | ||||||
18 | minimum: | ||||||
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 | ||||||
20 | CCR and sells or otherwise provides coal combustion byproducts | ||||||
21 | pursuant to Section 3.135 shall, every 12 months, post on its | ||||||
22 | publicly available website a report specifying the volume or | ||||||
23 | weight of CCR, in cubic yards or tons, that it sold or provided | ||||||
24 | during the past 12 months. | ||||||
25 | (i) The owner of a CCR surface impoundment shall post all | ||||||
26 | closure plans, permit applications, and supporting |
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1 | documentation, as well as any Agency approval of the plans or | ||||||
2 | applications on its publicly available website. | ||||||
3 | (j) The owner or operator of a CCR surface impoundment | ||||||
4 | shall 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) | ||||||
20 | shall be deposited into the Environmental Protection Permit | ||||||
21 | and Inspection Fund. | ||||||
22 | (l) The Coal Combustion Residual Surface Impoundment | ||||||
23 | Financial Assurance Fund is created as a special fund in the | ||||||
24 | State treasury. Any moneys forfeited to the State of Illinois | ||||||
25 | from any performance bond or other security required under | ||||||
26 | this Section shall be placed in the Coal Combustion Residual |
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1 | Surface Impoundment Financial Assurance Fund and shall, upon | ||||||
2 | approval by the Governor and the Director, be used by the | ||||||
3 | Agency for the purposes for which such performance bond or | ||||||
4 | other security was issued. The Coal Combustion Residual | ||||||
5 | Surface Impoundment Financial Assurance Fund is not subject to | ||||||
6 | the provisions of subsection (c) of Section 5 of the State | ||||||
7 | Finance Act. | ||||||
8 | (m) The provisions of this Section shall apply, without | ||||||
9 | limitation, to all existing CCR surface impoundments and any | ||||||
10 | CCR surface impoundments constructed after July 30, 2019 ( the | ||||||
11 | effective date of Public Act 101-171) this amendatory Act of | ||||||
12 | the 101st General Assembly , except to the extent prohibited by | ||||||
13 | the Illinois or United States Constitutions.
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14 | (Source: P.A. 101-171, eff. 7-30-19; revised 10-22-19.)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
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