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| [ Senate Amendment 001 ] |
91_SB0496ham001
LRB9102489LDmbam06
1 AMENDMENT TO SENATE BILL 496
2 AMENDMENT NO. . Amend Senate Bill 496 by replacing
3 lines 7 through 31 on page 1, all of page 2, and lines 1
4 through 12 on page 3 with the following:
5 "(415 ILCS 5/22.19a)
6 Sec. 22.19a. Floodplain.
7 (a) On and after January 1, 1998, no sanitary landfill
8 or waste disposal site that is a pollution control facility,
9 or any part of a sanitary landfill or waste disposal site
10 that is a pollution control facility, may be located within
11 the boundary of the 100-year floodplain.
12 (b) Subsection (a) shall not apply to the following:
13 (1) a sanitary landfill or waste disposal site
14 initially permitted for development or construction by
15 the Agency before August 19, the effective date of this
16 amendatory Act of 1997;
17 (2) a sanitary landfill or waste disposal site for
18 which local siting approval has been granted before
19 August 19, the effective date of this amendatory Act of
20 1997; or
21 (3) the area of expansion beyond the boundary of a
22 currently permitted sanitary landfill or waste disposal
23 site, provided that the area of expansion is, on August
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1 19, the effective date of this amendatory Act of 1997,
2 owned by the owner or operator of the currently sited or
3 permitted sanitary landfill or waste site to which the
4 area of expansion is adjacent; or
5 (4) a sanitary landfill or waste disposal site that
6 is a pollution control facility that ceased accepting
7 waste on or before August 19, 1997 or any part of a
8 sanitary landfill or waste disposal site that is a
9 pollution control facility that ceased accepting waste on
10 or before August 19, 1997.
11 (Source: P.A. 90-503, eff. 8-19-97.)
12 (415 ILCS 5/22.19b)
13 Sec. 22.19b. Postclosure care requirements Financial
14 assurance rules.
15 (a) Not later than June 30, 1998, the Agency shall
16 propose rules For those sanitary landfills and waste disposal
17 sites located within the boundary of the 100-year floodplain
18 pursuant to paragraph (3) of subsection (b) of Section 22.19a
19 , to address the risks posed by flooding to the integrity of
20 the sanitary landfill or waste disposal site, the owner or
21 operator of the sanitary landfill or waste disposal site
22 shall comply with the following financial assurance
23 requirements for that portion of the site permitted for the
24 disposal of solid waste within the boundary of the 100-year
25 floodplain:.
26 (1) The owner or operator must include, in the
27 facility postclosure care plan and the postclosure care
28 cost estimate:
29 (A) the cost of inspecting, and anticipated
30 repairs to, all surface water drainage structures in
31 the area of the landfill or waste disposal site
32 permitted for the disposal of solid waste within the
33 boundary of the 100-year floodplain;
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1 (B) the cost of repairing anticipated erosion
2 affecting both the final cover and vegetation in the
3 area of the landfill or waste disposal site
4 permitted for the disposal of solid waste within the
5 boundary of the 100-year floodplain below the
6 100-year flood elevation;
7 (C) the cost of inspecting the portion of the
8 site permitted for the disposal of solid waste
9 within the boundary of the 100-year floodplain a
10 minimum of once every 5 years; and
11 (D) the cost of monitoring the portion of the
12 landfill or waste disposal site permitted for the
13 disposal of solid waste within the boundary of the
14 100-year floodplain after a 100-year flood.
15 (2) The owner or operator must provide financial
16 assurance, using any of the financial assurance
17 mechanisms set forth in Title 35, Part 811, Subpart G of
18 the Illinois Administrative Code, as amended, to cover
19 the costs identified in subsection (a)(1) of this
20 Section;
21 (3) The owner or operator must base the portion of
22 the postclosure care cost estimate addressing the
23 activities prescribed in subsection (a)(1) of this
24 Section on a period of 100 years; and
25 (4) The owner or operator must submit the
26 information required under subsection (a)(1) of this
27 Section to the Agency as part of the facility's
28 application for a permit required to develop the area
29 pursuant to Title 35, Section 812.115 of the Illinois
30 Administrative Code, as amended, for non-hazardous waste
31 landfills or pursuant to Title 35, Section 724.218 of the
32 Illinois Administrative Code, as amended, for hazardous
33 waste landfills. The rules shall be limited to and
34 prescribe standards for financial assurance mechanisms
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1 equivalent to the standards set forth in Title 35, Part
2 811, Subpart G of the Illinois Administrative Code, as
3 amended, to address the risks posed by flooding to the
4 integrity of a sanitary landfill or waste disposal site
5 located within the boundary of the 100-year floodplain.
6 The financial assurance mechanisms shall be for a period
7 of 100 years, beginning with the commencement of the
8 post-closure care period, and shall apply to the portion
9 of the facility located within the boundary of the
10 100-year floodplain and to the portion of the facility
11 located outside the boundary of the 100-year floodplain.
12 (b) Any sanitary landfill or waste disposal site owner
13 or operator subject to subsection (a) of this Section must
14 certify in the facility's application for permit renewal that
15 the postclosure care activities set forth in the postclosure
16 care plan to comply with this Section have been met and will
17 be performed. Not later than 6 months after the receipt of
18 the Agency's proposed rules, the Board shall adopt rules for
19 sanitary landfills and waste disposal sites located within
20 the boundary of the 100-year floodplain pursuant to
21 subsection (b) of Section 22.19a. The rules shall be limited
22 to, and prescribe standards for financial assurance
23 mechanisms equivalent to the standards set forth in Title 35,
24 Part 811, Subpart G of the Illinois Administrative Code, as
25 amended, to address the risks posed by flooding to the
26 integrity of a sanitary landfill or waste disposal site
27 located within the boundary of the 100-year floodplain. The
28 financial assurance mechanisms shall be for a period of 100
29 years, beginning with the commencement of the post-closure
30 care period, and shall apply to the portion of the facility
31 located within the boundary of the 100-year floodplain and to
32 the portion of the facility located outside the boundary of
33 the 100-year floodplain.
34 (c) Nothing in this Section shall be construed as
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1 limiting the general authority of the Board to adopt rules
2 pursuant to Title VII of this Act.
3 (d) Notwithstanding any requirements of this Section,
4 the owner or operator of any landfill or waste disposal
5 facility located in a 100-year floodplain shall, upon receipt
6 of notification from the Agency, repair damage to that
7 facility caused by a 100-year flood.
8 (Source: P.A. 90-503, eff. 8-19-97.)".