Bill Text: IL SB3570 | 2025-2026 | 104th General Assembly | Introduced

---

Bill Title: Amends the Environmental Protection Act. Defines "CCR management unit" as any area of land at any facility with a CCR surface impoundment, on which any noncontainerized accumulation of CCR is received, is placed, or is otherwise managed, and that is not itself a CCR surface impoundment. Provides that the term "CCR management unit" does not include CCR used in a manner that meets the definition of coal combustion by-product, unless the owner or operator, or the Agency, determines that the CCR is causing or contributing to a statistically significant concentration of one or more constituents above the groundwater protection standard established by the Board. Provides that no later than February 8, 2027, the owner or operator of a CCR surface impoundment must submit to the Agency a copy of the Facility Evaluation Reports Part 1 and 2. Provides that the Board shall adopt rules establishing permit requirements, reporting, financial assurance, and closure and post-closure care requirements for CCR management units. Provides that the owner or operator of a CCR management unit shall pay an initial fee of $75,000 for each CCR management unit by July 1, 2027 and an annual fee of $25,000 for each CCR management unit that has not completed closure; and $15,000 for each CCR management unit that has not completed post-closure care, beginning July 1, 2028.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-03-27 - Rule 3-9(a) / Re-referred to Assignments [SB3570 Detail]

Download: Illinois-2025-SB3570-Introduced.html

---

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB3570 Introduced 2/5/2026, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
415 ILCS 5/3.144 new
415 ILCS 5/22.59
Amends the Environmental Protection Act. Defines "CCR management unit" as any area of land at any facility with a CCR surface impoundment, on which any noncontainerized accumulation of CCR is received, is placed, or is otherwise managed, and that is not itself a CCR surface impoundment. Provides that the term "CCR management unit" does not include CCR used in a manner that meets the definition of coal combustion by-product, unless the owner or operator, or the Agency, determines that the CCR is causing or contributing to a statistically significant concentration of one or more constituents above the groundwater protection standard established by the Board. Provides that no later than February 8, 2027, the owner or operator of a CCR surface impoundment must submit to the Agency a copy of the Facility Evaluation Reports Part 1 and 2. Provides that the Board shall adopt rules establishing permit requirements, reporting, financial assurance, and closure and post-closure care requirements for CCR management units. Provides that the owner or operator of a CCR management unit shall pay an initial fee of $75,000 for each CCR management unit by July 1, 2027 and an annual fee of $25,000 for each CCR management unit that has not completed closure; and $15,000 for each CCR management unit that has not completed post-closure care, beginning July 1, 2028.
LRB104 19580 BDA 33028 b
A BILL FOR
SB3570 LRB104 19580 BDA 33028 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Section 22.59 and by adding Section 3.144 as follows:
(415 ILCS 5/3.144 new)
Sec. 3.144. CCR management unit. "CCR management unit" is
any area of land at any facility with a CCR surface
impoundment, on which any noncontainerized accumulation of CCR
is received, is placed, or is otherwise managed, and that is
not itself a CCR surface impoundment. "CCR management unit"
does not include CCR used in a manner that meets the definition
of coal combustion by-product, unless the owner or operator of
the CCR management unit or the Agency determines that the CCR
is causing or contributing to a statistically significant
concentration of one or more constituents above the
groundwater protection standard established by the Board under
this Act.
(415 ILCS 5/22.59)
Sec. 22.59. CCR surface impoundments and CCR management
units.
(a) The General Assembly finds that:

SB3570 - 2 - LRB104 19580 BDA 33028 b
(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 CCR management units, whether
active or inactive; and
(5) meaningful participation of State residents,
especially vulnerable populations who may be affected by
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,

SB3570 - 3 - LRB104 19580 BDA 33028 b
and storage, and other management 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 or CCR management unit 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, or CCR management unit containing
1 ton or greater of CCR, 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
or standards adopted by the Board under this Section;
(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 of this Section
or any regulations or standards adopted by the Board under
this Section; or
(4) construct, install, modify, or close a CCR surface
impoundment or CCR management unit in accordance with a

SB3570 - 4 - LRB104 19580 BDA 33028 b
permit issued under this Act without certifying to the
Agency that all contractors, subcontractors, and
installers utilized to construct, install, modify, or
close a CCR surface impoundment or CCR management unit are
participants in:
(A) a training program that is approved by and
registered with the United States Department of
Labor's Employment and Training Administration and
that includes instruction in erosion control and
environmental remediation; and
(B) a training program that is approved by and
registered with the United States Department of
Labor's Employment and Training Administration and
that includes instruction in the operation of heavy
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
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

SB3570 - 5 - LRB104 19580 BDA 33028 b
Practice Act of 1989; (iii) the practice of a structural
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) (Blank).
(d) Before commencing closure of a CCR surface
impoundment, or CCR management unit containing 1 ton or
greater of CCR, in accordance with Board rules, the owner of a
CCR surface impoundment or CCR management unit 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 or CCR
management unit must be considered and analyzed. Section 3.405
does not apply to the Board's rules 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) 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

SB3570 - 6 - LRB104 19580 BDA 33028 b
unit of local government, or a 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, or CCR management unit containing 1 ton or
greater of CCR, 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 or CCR
management unit and post-closure care in accordance with this
Act and its rules; and (ii) ensuring remediation of releases
from the CCR surface impoundment or CCR management unit. 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 or CCR management unit 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 rules.
(2) In the event of performance bond or other security
forfeiture, the The Agency is authorized to enter into
such contracts and agreements as it may deem necessary to
carry out the purposes of this subsection 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 subsection
Section.

SB3570 - 7 - LRB104 19580 BDA 33028 b
(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) 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 Board shall not be
deemed in noncompliance with the rulemaking deadline due to
delays in adopting rules as a result of the Joint Committee on
Administrative Rules oversight process. 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
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

SB3570 - 8 - LRB104 19580 BDA 33028 b
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),
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

SB3570 - 9 - LRB104 19580 BDA 33028 b
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 or CCR
management unit that generates CCR and sells or otherwise
provides coal combustion byproducts pursuant to Section 3.135
shall, every 12 months, post on its 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 or CCR
management unit shall post all closure plans, permit

SB3570 - 10 - LRB104 19580 BDA 33028 b
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)
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 subsections
subsection (j) and (p) shall be deposited into the
Environmental Protection Permit and Inspection Fund.
(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

SB3570 - 11 - LRB104 19580 BDA 33028 b
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), and to all existing CCR
management units and any CCR management units constructed
after the effective date of this Public Act of the 104th
General Assembly, except to the extent prohibited by the
Illinois or United States Constitutions.
(n) The following facility evaluation reporting
requirements apply to CCR management units.
(1) No later than February 8, 2027, the owner or
operator of a CCR surface impoundment must submit to the
Agency a copy of the Facility Evaluation Report Part 1
required under 40 CFR 257.75(c).
(2) No later than February 8, 2027, the owner or
operator of a CCR surface impoundment must submit to the
Agency a copy of the Facility Evaluation Report Part 2
required under 40 CFR 257.75(d).

SB3570 - 12 - LRB104 19580 BDA 33028 b
(o) The Board shall adopt rules establishing permit
requirements, reporting, financial assurance, and closure and
post-closure care requirements for CCR management units. Not
later than one year after the effective date of this
amendatory Act of the 104th General Assembly, the Agency shall
propose, and not later than 18 months after receipt of the
Agency's proposal the Board shall adopt, rules under this
subsection. The Board shall not be deemed in noncompliance
with the rulemaking deadline due to delays in adopting rules
as a result of the Joint Committee on Administrative Rules
oversight process. 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
Protection Agency in Subpart D of 40 CFR 257;
(2) specify the minimum contents of CCR management
unit 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 management units;
(4) specify standards for review and approval by the
Agency of CCR management unit permit applications;
(5) specify meaningful public participation procedures
for the issuance of CCR management unit permits,
including, but not limited to, public notice of the

SB3570 - 13 - LRB104 19580 BDA 33028 b
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;
(6) prescribe the type and amount of the performance
bonds or other securities required under subsection (f)
and the conditions under which the State is entitled to
collect moneys from such performance bonds or other
securities;
(7) specify a procedure to identify areas of
environmental justice concern in relation to CCR
management units;
(8) define when complete removal of CCR is achieved
and specify the standards for responsible removal of CCR
from CCR management units, including, but not limited to,
dust controls and the protection of adjacent surface water
and groundwater; and
(9) describe the process and standards for identifying
a specific alternative source of groundwater pollution
when the owner or operator of the CCR management unit
believes that groundwater contamination on the site is not
from the CCR management unit.
(p) The owner or operator of a CCR management unit shall
pay the following fees:
(1) An initial fee to the Agency, by July 1, 2027, of
$75,000 for each CCR management unit.

SB3570 - 14 - LRB104 19580 BDA 33028 b
(2) Annual fees to the Agency, beginning on July 1,
2028 of $25,000 for each CCR management unit that has not
completed closure; and $15,000 for each CCR management
unit that has not completed post-closure care.
(q) 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.
(Source: P.A. 102-16, eff. 6-17-21; 102-137, eff. 7-23-21;
102-309, eff. 8-6-21; 102-558, eff. 8-20-21; 102-662, eff.
9-15-21; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)