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91_HB1745
LRB9102488LDpk
1 AN ACT to amend the Environmental Protection Act by
2 changing Sections 22.19a and 22.19b.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by changing Sections 22.19a and 22.19b as follows:
7 (415 ILCS 5/22.19a)
8 Sec. 22.19a. Floodplain.
9 (a) On and after January 1, 1998, no sanitary landfill
10 or waste disposal site that is a pollution control facility,
11 or any part of a sanitary landfill or waste disposal site
12 that is a pollution control facility, may be located within
13 the boundary of the 100-year floodplain.
14 (b) Subsection (a) shall not apply to the following:
15 (1) a sanitary landfill or waste disposal site
16 initially permitted for development or construction by
17 the Agency before August 19, the effective date of this
18 amendatory Act of 1997;
19 (2) a sanitary landfill or waste disposal site for
20 which local siting approval has been granted before
21 August 19, the effective date of this amendatory Act of
22 1997; or
23 (3) the area of expansion beyond the boundary of a
24 currently permitted sanitary landfill or waste disposal
25 site, provided that the area of expansion is, on August
26 19, the effective date of this amendatory Act of 1997,
27 owned by the owner or operator of the currently sited or
28 permitted sanitary landfill or waste site to which the
29 area of expansion is adjacent; or
30 (4) a sanitary landfill or waste disposal site that
31 is a pollution control facility that ceased accepting
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1 waste on or before August 19, 1997 or any part of a
2 sanitary landfill or waste disposal site that is a
3 pollution control facility that ceased accepting waste on
4 or before August 19, 1997.
5 (Source: P.A. 90-503, eff. 8-19-97.)
6 (415 ILCS 5/22.19b)
7 Sec. 22.19b. Financial assurance rules.
8 (a) Not later than June 30, 1998, the Agency shall
9 propose rules for those sanitary landfills and waste disposal
10 sites located within the boundary of the 100-year floodplain
11 pursuant to paragraph (3) of subsection (b) of Section
12 22.19a. The rules shall be limited to and prescribe
13 standards for financial assurance mechanisms equivalent to
14 the standards set forth in Title 35, Part 811, Subpart G of
15 the Illinois Administrative Code, as amended, to address the
16 risks posed by flooding to the integrity of a sanitary
17 landfill or waste disposal site located within the boundary
18 of the 100-year floodplain. The financial assurance
19 mechanisms shall be for a period of 100 years, beginning with
20 the commencement of the post-closure care period, and shall
21 apply to the portion of the facility located within the
22 boundary of the 100-year floodplain and to the portion of the
23 facility located outside the boundary of the 100-year
24 floodplain.
25 (b) Not later than 6 months after the receipt of the
26 Agency's proposed rules, the Board shall adopt rules for
27 those sanitary landfills and waste disposal sites located
28 within the boundary of the 100-year floodplain pursuant to
29 paragraph (3) of subsection (b) of Section 22.19a. The rules
30 shall be limited to, and prescribe standards for financial
31 assurance mechanisms equivalent to the standards set forth in
32 Title 35, Part 811, Subpart G of the Illinois Administrative
33 Code, as amended, to address the risks posed by flooding to
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1 the integrity of a sanitary landfill or waste disposal site
2 located within the boundary of the 100-year floodplain. The
3 financial assurance mechanisms shall be for a period of 100
4 years, beginning with the commencement of the post-closure
5 care period, and shall apply to the portion of the facility
6 located within the boundary of the 100-year floodplain and to
7 the portion of the facility located outside the boundary of
8 the 100-year floodplain.
9 (c) Nothing in this Section shall be construed as
10 limiting the general authority of the Board to adopt rules
11 pursuant to Title VII of this Act.
12 (Source: P.A. 90-503, eff. 8-19-97.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.