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92_HB5557eng HB5557 Engrossed LRB9212249LBpr 1 AN ACT to implement recommendations of the Illinois 2 Environmental Regulatory Review Commission. 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 3, 3.32, 3.53, 4, 5, 7, 9.2, 9.3, 9.4, 7 12, 13.1, 14.1, 14.2, 14.3, 14.4, 14.6, 17, 19.10, 21, 21.3, 8 21.5, 22.2, 22.2b, 22.9, 22.15, 22.16, 22.16a, 22.22, 22.23, 9 22.23a, 22.27, 22.33, 22.40, 22.43, 22.44, 22.45, 22.47, 10 22.48, 25b-5, 28.5, 30, 31, 39, 39.2, 39.3, 40, 40.1, 40.2, 11 45, 49, 55, 56.1, 56.2, 57.7, 57.8, 57.13, 58.7, 58.8, 58.14, 12 and 58.17 and renumbering Sections 3.01 through 3.94 as 13 follows: 14 (415 ILCS 5/3) (from Ch. 111 1/2, par. 1003) 15 Sec. 3. Definitions. 16 (a) For the purposes of this Act, the words and terms 17 defined in the Sections which follow this Section and precede 18 Section 4 shall have the meaning therein given, unless the 19 context otherwise clearly requires. 20 (b) This amendatory Act of the 92nd General Assembly 21 renumbers the definition Sections formerly included in this 22 Act as Sections 3.01 through 3.94. The new numbering scheme 23 is intended to alphabetize the defined terms and to leave 24 room for additional terms to be added in alphabetical order 25 in the future. It does not reuse any of the original 26 numbers. 27 In the bill for this amendatory Act, the renumbered 28 Sections are shown in the manner commonly used to show 29 renumbering in revisory bills. The Sections being renumbered 30 are shown as existing (rather than new) text; only the 31 changes being made to the existing text are shown with HB5557 Engrossed -2- LRB9212249LBpr 1 striking and underscoring. The original source lines have 2 been retained. 3 (c) In a statute, rule, permit, or other document in 4 existence on the effective date of this amendatory Act of the 5 92nd General Assembly, a reference to one of the definition 6 Sections renumbered by this amendatory Act shall be deemed to 7 refer to the corresponding Section as renumbered by this 8 amendatory Act. 9 (Source: P.A. 84-1308; 84-1319; 84-1320; 84-1438.) 10 (415 ILCS 5/3.105 new) (was 415 ILCS 5/3.01) 11 Sec. 3.105. Agency.3.01."Agency" is the Environmental 12 Protection Agency established by this Act. 13 (Source: P.A. 84-1308.) 14 (415 ILCS 5/3.110 new) (was 415 ILCS 5/3.77) 15 Sec. 3.110. Agrichemical facility.3.77."Agrichemical 16 facility" means a site used for commercial purposes, where 17 bulk pesticides are stored in a single container in excess of 18 300 gallons of liquid pesticide or 300 pounds of dry 19 pesticide for more than 30 days per year or where more than 20 300 gallons of liquid pesticide or 300 pounds of dry 21 pesticide are being mixed, repackaged or transferred from one 22 container to another within a 30 day period or a site where 23 bulk fertilizers are stored, mixed, repackaged or transferred 24 from one container to another. 25 (Source: P.A. 86-671.) 26 (415 ILCS 5/3.115 new) (was 415 ILCS 5/3.02) 27 Sec. 3.115. Air pollution.3.02."Air pollution" is the 28 presence in the atmosphere of one or more contaminants in 29 sufficient quantities and of such characteristics and 30 duration as to be injurious to human, plant, or animal life, 31 to health, or to property, or to unreasonably interfere with HB5557 Engrossed -3- LRB9212249LBpr 1 the enjoyment of life or property. 2 (Source: P.A. 84-1308.) 3 (415 ILCS 5/3.120 new) (was 415 ILCS 5/3.03) 4 Sec. 3.120. Air pollution control equipment.3.03."Air 5 pollution control equipment" means any equipment or facility 6 of a type intended to eliminate, prevent, reduce or control 7 the emission of specified air contaminants to the atmosphere. 8 Air pollution control equipment includes, but is not limited 9 to, landfill gas recovery facilities. 10 (Source: P.A. 84-1308.) 11 (415 ILCS 5/3.125 new) (was 415 ILCS 5/3.68) 12 Sec. 3.125. Biodeterioration; biodegradation.3.68.13 (a) "Biodeterioration", when used in connection with 14 recycling or composting, means the biologically mediated loss 15 of utilitarian or physical characteristics of a plastic or 16 hybrid material containing plastic as a major component. 17 (b) "Biodegradation", when used in connection with 18 recycling, means the conversion of all constituents of a 19 plastic or hybrid material containing plastic as a major 20 component to carbon dioxide, inorganic salts, microbial 21 cellular components and miscellaneous by-products 22 characteristically formed from the breakdown of natural 23 materials such as corn starch. 24 (Source: P.A. 85-1429.) 25 (415 ILCS 5/3.130 new) (was 415 ILCS 5/3.04) 26 Sec. 3.130. Board.3.04."Board" is the Pollution 27 Control Board established by this Act. 28 (Source: P.A. 84-1308.) 29 (415 ILCS 5/3.135 new) (was 415 ILCS 5/3.94) 30 Sec. 3.135. Coal combustion by-product; CCB.3.94."Coal HB5557 Engrossed -4- LRB9212249LBpr 1 combustion by-product" (CCB) means coal combustion waste when 2 used beneficially for any of the following purposes: 3 (1) The extraction or recovery of material compounds 4 contained within CCB. 5 (2) The use of CCB as a raw ingredient or mineral filler 6 in the manufacture of cement; concrete and concrete mortars; 7 concrete products including block, pipe and 8 precast/prestressed components; asphalt or cement based 9 roofing shingles; plastic products including pipes and 10 fittings; paints and metal alloys. 11 (3) CCB used in conformance with the specifications and 12 under the approval of the Department of Transportation. 13 (4) Bottom ash used as antiskid material, athletic 14 tracks, or foot paths. 15 (5) Use as a substitute for lime (CaO and MgO) in the 16 lime modification of soils providing the CCB meets the 17 Illinois Department of Transportation ("IDOT") specifications 18 for byproduct limes. 19 (6) CCB used as a functionally equivalent substitute for 20 agricultural lime as a soil conditioner. 21 (7) Bottom ash used in non-IDOT pavement base, pipe 22 bedding, or foundation backfill. 23 (8) Structural fill, when used in an engineered 24 application or combined with cement, sand, or water to 25 produce a controlled strength fill material and covered with 26 12 inches of soil unless infiltration is prevented by the 27 material itself or other cover material. 28 (9) Mine subsidence, mine fire control, mine sealing, 29 and mine reclamation. 30 (10) Except to the extent that the uses are otherwise 31 authorized by law without such restrictions, uses (7) through 32 (9) shall be subject to the following conditions: 33 (A) CCB shall not have been mixed with hazardous 34 waste prior to use; HB5557 Engrossed -5- LRB9212249LBpr 1 (B) CCB shall not exceed Class I Groundwater 2 Standards for metals when tested utilizing test method 3 ASTM D3987-85; 4 (C) Unless otherwise exempted, users of CCB shall 5 provide notification to the Agency for each project 6 utilizing CCB documenting the quantity of CCB utilized 7 and certification of compliance with conditions (A) and 8 (B). Notification shall not be required for pavement 9 base, parking lot base, or building base projects 10 utilizing less than 10,000 tons, flowable fill/grout 11 projects utilizing less than 1,000 cubic yards or other 12 applications utilizing less than 100 tons; 13 (D) Fly ash shall be applied in a manner that 14 minimizes the generation of airborne particles and dust 15 using techniques such as moisture conditioning, 16 granulating, inground application, or other demonstrated 17 method; and 18 (E) CCB is not to be accumulated speculatively. 19 CCB is not accumulated speculatively if during the 20 calendar year, the CCB used is equal to 75% of the CCB by 21 weight or volume accumulated at the beginning of the 22 period. 23 To encourage and promote the utilization of CCB in productive 24 and beneficial applications, the Agency may make a written 25 determination that coal-combustion waste is CCB when used in 26 a manner other than that specified in this Section if the use 27 has been shown to have no adverse environmental impact 28 greater than the beneficial uses specified, in consultation 29 with the Department of Mines and Minerals, the Illinois Clean 30 Coal Institute, the Department of Transportation, and such 31 other agencies as may be appropriate. 32 (Source: P.A. 89-93, eff. 7-6-95.) 33 (415 ILCS 5/3.140 new) (was 415 ILCS 5/3.76) HB5557 Engrossed -6- LRB9212249LBpr 1 Sec. 3.140. Coal combustion waste.3.76."Coal 2 combustion waste" means any fly ash, bottom ash, slag, or 3 flue gas or fluid bed boiler desulfurization by-products 4 generated as a result of the combustion of: 5 (1) coal, or 6 (2) coal in combination with: (i) fuel grade petroleum 7 coke, (ii) other fossil fuel, or (iii) both fuel grade 8 petroleum coke and other fossil fuel, or 9 (3) coal (with or without: (i) fuel grade petroleum 10 coke, (ii) other fossil fuel, or (iii) both fuel grade 11 petroleum coke and other fossil fuel) in combination with no 12 more than 20% of tire derived fuel or wood or other materials 13 by weight of the materials combusted; provided that the coal 14 is burned with other materials, the Agency has made a written 15 determination that the storage or disposal of the resultant 16 wastes in accordance with the provisions of item (r) of 17 Section 21 would result in no environmental impact greater 18 than that of wastes generated as a result of the combustion 19 of coal alone, and the storage disposal of the resultant 20 wastes would not violate applicable federal law. 21 (Source: P.A. 88-668, eff. 9-16-94; 89-93, eff. 7-6-95.) 22 (415 ILCS 5/3.145 new) (was 415 ILCS 5/3.05) 23 Sec. 3.145. Community water supply.3.05."Community 24 water supply" means a public water supply which serves or is 25 intended to serve at least 15 service connections used by 26 residents or regularly serves at least 25 residents. 27 "Non-community water supply" means a public water supply 28 that is not a community water supply. The requirements of 29 this Act shall not apply to non-community water supplies. 30 (Source: P.A. 84-1308.) 31 (415 ILCS 5/3.150 new) (was 415 ILCS 5/3.69) 32 Sec. 3.150. Compost.3.69."Compost" is defined as the HB5557 Engrossed -7- LRB9212249LBpr 1 humus-like product of the process of composting waste, which 2 may be used as a soil conditioner. 3 (Source: P.A. 85-1429.) 4 (415 ILCS 5/3.155 new) (was 415 ILCS 5/3.70) 5 Sec. 3.155. Composting.3.70."Composting" means the 6 biological treatment process by which microorganisms 7 decompose the organic fraction of waste, producing compost. 8 (Source: P.A. 85-1429.) 9 (415 ILCS 5/3.160 new) (was 415 ILCS 5/3.78 and 3.78a) 10 Sec. 3.160. Construction or demolition debris.3.78.11 (a) "General construction or demolition debris" means 12 non-hazardous, uncontaminated materials resulting from the 13 construction, remodeling, repair, and demolition of 14 utilities, structures, and roads, limited to the following: 15 bricks, concrete, and other masonry materials; soil; rock; 16 wood, including non-hazardous painted, treated, and coated 17 wood and wood products; wall coverings; plaster; drywall; 18 plumbing fixtures; non-asbestos insulation; roofing shingles 19 and other roof coverings; reclaimed asphalt pavement; glass; 20 plastics that are not sealed in a manner that conceals waste; 21 electrical wiring and components containing no hazardous 22 substances; and piping or metals incidental to any of those 23 materials. 24 General construction or demolition debris does not 25 include uncontaminated soil generated during construction, 26 remodeling, repair, and demolition of utilities, structures, 27 and roads provided the uncontaminated soil is not commingled 28 with any general construction or demolition debris or other 29 waste. 30 (b)Sec. 3.78a."Clean construction or demolition 31 debris" means uncontaminated broken concrete without 32 protruding metal bars, bricks, rock, stone, reclaimed asphalt HB5557 Engrossed -8- LRB9212249LBpr 1 pavement, or soil generated from construction or demolition 2 activities. 3 Clean construction or demolition debris does not include 4 uncontaminated soil generated during construction, 5 remodeling, repair, and demolition of utilities, structures, 6 and roads provided the uncontaminated soil is not commingled 7 with any clean construction or demolition debris or other 8 waste. 9 To the extent allowed by federal law, clean construction 10 or demolition debris shall not be considered "waste" if it is 11 (i) used as fill material below grade outside of a setback 12 zone if covered by sufficient uncontaminated soil to support 13 vegetation within 30 days of the completion of filling or if 14 covered by a road or structure, or (ii) separated or 15 processed and returned to the economic mainstream in the form 16 of raw materials or products, if it is not speculatively 17 accumulated and, if used as a fill material, it is used in 18 accordance with item (i), or (iii) solely broken concrete 19 without protruding metal bars used for erosion control, or 20 (iv) generated from the construction or demolition of a 21 building, road, or other structure and used to construct, on 22 the site where the construction or demolition has taken 23 place, an above-grade area shaped so as to blend into an 24 extension of the surrounding topography or an above-grade 25 manmade functional structure not to exceed 20 feet in height, 26 provided that the area or structure shall be covered with 27 sufficient soil materials to sustain vegetation or by a road 28 or structure, and further provided that no such area or 29 structure shall be constructed within a home rule 30 municipality with a population over 500,000. 31 (Source: P.A. 90-475, eff. 8-17-97; 90-761, eff. 8-14-98; 32 91-909, eff. 7-7-00.) 33 (415 ILCS 5/3.165 new) (was 415 ILCS 5/3.06) HB5557 Engrossed -9- LRB9212249LBpr 1 Sec. 3.165. Contaminant.3.06."Contaminant" is any 2 solid, liquid, or gaseous matter, any odor, or any form of 3 energy, from whatever source. 4 (Source: P.A. 84-1308.) 5 (415 ILCS 5/3.170 new) (was 415 ILCS 5/3.63) 6 Sec. 3.170. Contamination; contaminate.3.63.7 "Contamination" or "contaminate", when used in connection 8 with groundwater, means water pollution of such groundwater. 9 (Source: P.A. 85-863.) 10 (415 ILCS 5/3.175 new) (was 415 ILCS 5/3.80) 11 Sec. 3.175. Criterion.3.80."Criterion" means the 12 numerical concentration of one or more toxic substances 13 calculated by the Agency as a basis for establishing a permit 14 limitation or violation of a water quality standard pursuant 15 to standards and procedures provided for in board 16 regulations. 17 (Source: P.A. 86-1409.) 18 (415 ILCS 5/3.180 new) (was 415 ILCS 5/3.07) 19 Sec. 3.180. Department.3.07."Department", when a 20 particular entity is not specified, means (i) in the case of 21 a function to be performed on or after July 1, 1995 (the 22 effective date of the Department of Natural Resources Act), 23 either the Department of Natural Resources or the Department 24 of Commerce and Community Affairs, whichever, in the specific 25 context, is the successor to the Department of Energy and 26 Natural Resources under the Department of Natural Resources 27 Act; or (ii) in the case of a function performed before July 28 1, 1995, the former Illinois Department of Energy and Natural 29 Resources. 30 (Source: P.A. 89-445, eff. 2-7-96.) HB5557 Engrossed -10- LRB9212249LBpr 1 (415 ILCS 5/3.185 new) (was 415 ILCS 5/3.08) 2 Sec. 3.185. Disposal.3.08."Disposal" means the 3 discharge, deposit, injection, dumping, spilling, leaking or 4 placing of any waste or hazardous waste into or on any land 5 or water or into any well so that such waste or hazardous 6 waste or any constituent thereof may enter the environment or 7 be emitted into the air or discharged into any waters, 8 including ground waters. 9 (Source: P.A. 84-1308.) 10 (415 ILCS 5/3.190 new) (was 415 ILCS 5/3.09) 11 Sec. 3.190. Existing fuel combustion stationary emission 12 source.3.09."Existing fuel combustion stationary emission 13 source" means any stationary furnace, boiler, oven, or 14 similar equipment used for the primary purpose of producing 15 heat or power, of a type capable of emitting specified air 16 contaminants to the atmosphere, the construction or 17 modification of which commenced prior to April 13, 1972. 18 (Source: P.A. 84-1308.) 19 (415 ILCS 5/3.195 new) (was 415 ILCS 5/3.10) 20 Sec. 3.195. Fluid.3.10."Fluid" means material or 21 substance which flows or moves whether in a semi-solid, 22 liquid, sludge, gas or any other form or state. 23 (Source: P.A. 84-1308.) 24 (415 ILCS 5/3.200 new) (was 415 ILCS 5/3.11) 25 Sec. 3.200. Garbage.3.11."Garbage" is waste resulting 26 from the handling, processing, preparation, cooking, and 27 consumption of food, and wastes from the handling, 28 processing, storage, and sale of produce. 29 (Source: P.A. 84-1308.) 30 (415 ILCS 5/3.205 new) (was 415 ILCS 5/3.12) HB5557 Engrossed -11- LRB9212249LBpr 1 Sec. 3.205. Generator.3.12."Generator" means any 2 person whose act or process produces waste. 3 (Source: P.A. 87-650.) 4 (415 ILCS 5/3.210 new) (was 415 ILCS 5/3.64) 5 Sec. 3.210. Groundwater.3.64."Groundwater" means 6 underground water which occurs within the saturated zone and 7 geologic materials where the fluid pressure in the pore space 8 is equal to or greater than atmospheric pressure. 9 (Source: P.A. 85-863.) 10 (415 ILCS 5/3.215 new) (was 415 ILCS 5/3.14) 11 Sec. 3.215. Hazardous substance.3.14."Hazardous 12 substance" means: (A) any substance designated pursuant to 13 Section 311(b)(2)(A) of the Federal Water Pollution Control 14 Act (P.L. 92-500), as amended, (B) any element, compound, 15 mixture, solution, or substance designated pursuant to 16 Section 102 of the Comprehensive Environmental Response, 17 Compensation, and Liability Act of 1980 (P.L. 96-510), as 18 amended, (C) any hazardous waste, (D) any toxic pollutant 19 listed under Section 307(a) of the Federal Water Pollution 20 Control Act (P.L. 92-500), as amended, (E) any hazardous air 21 pollutant listed under Section 112 of the Clean Air Act (P.L. 22 95-95), as amended, (F) any imminently hazardous chemical 23 substance or mixture with respect to which the Administrator 24 of the U.S. Environmental Protection Agency has taken action 25 pursuant to Section 7 of the Toxic Substances Control Act 26 (P.L. 94-469), as amended. The term does not include 27 petroleum, including crude oil or any fraction thereof which 28 is not otherwise specifically listed or designated as a 29 hazardous substance under subparagraphs (A) through (F) of 30 this paragraph, and the term does not include natural gas, 31 natural gas liquids, liquefied natural gas, or synthetic gas 32 usable for fuel or mixtures of natural gas and such synthetic HB5557 Engrossed -12- LRB9212249LBpr 1 gas. 2 (Source: P.A. 84-1308.) 3 (415 ILCS 5/3.220 new) (was 415 ILCS 5/3.15) 4 Sec. 3.220. Hazardous waste.3.15."Hazardous waste" 5 means a waste, or combination of wastes, which because of its 6 quantity, concentration, or physical, chemical, or infectious 7 characteristics may cause or significantly contribute to an 8 increase in mortality or an increase in serious, 9 irreversible, or incapacitating reversible, illness; or pose 10 a substantial present or potential hazard to human health or 11 the environment when improperly treated, stored, transported, 12 or disposed of, or otherwise managed, and which has been 13 identified, by characteristics or listing, as hazardous 14 pursuant to Section 3001 of the Resource Conservation and 15 Recovery Act of 1976, P.L. 94-580, or pursuant to Board 16 regulations. Potentially infectious medical waste is not a 17 hazardous waste, except for those potentially infectious 18 medical wastes identified by characteristics or listing as 19 hazardous under Section 3001 of the Resource Conservation and 20 Recovery Act of 1976, P.L. 94-580, or pursuant to Board 21 regulations. 22 (Source: P.A. 87-752.) 23 (415 ILCS 5/3.225 new) (was 415 ILCS 5/3.16) 24 Sec. 3.225. Hazardous waste disposal site.3.16.25 "Hazardous waste disposal site" is a site at which hazardous 26 waste is disposed. 27 (Source: P.A. 84-1308.) 28 (415 ILCS 5/3.230 new) (was 415 ILCS 5/3.89) 29 Sec. 3.230. Household waste.3.89."Household waste" 30 means any solid waste (including garbage, trash, and sanitary 31 waste in septic tanks) derived from households (including HB5557 Engrossed -13- LRB9212249LBpr 1 single and multiple residences, hotels and motels, 2 bunkhouses, ranger stations, crew quarters, campgrounds, 3 picnic grounds, and day-use recreation areas). 4 (Source: P.A. 88-496.) 5 (415 ILCS 5/3.235 new) (was 415 ILCS 5/3.17) 6 Sec. 3.235. Industrial process waste.3.17."Industrial 7 process waste" means any liquid, solid, semi-solid, or 8 gaseous waste generated as a direct or indirect result of the 9 manufacture of a product or the performance of a service. 10 Any such waste which would pose a present or potential threat 11 to human health or to the environment or with inherent 12 properties which make the disposal of such waste in a 13 landfill difficult to manage by normal means is an industrial 14 process waste. "Industrial Process Waste" includes but is 15 not limited to spent pickling liquors, cutting oils, chemical 16 catalysts, distillation bottoms, etching acids, equipment 17 cleanings, paint sludges, incinerator ashes (including but 18 not limited to ash resulting from the incineration of 19 potentially infectious medical waste), core sands, metallic 20 dust sweepings, asbestos dust, and off-specification, 21 contaminated or recalled wholesale or retail products. 22 Specifically excluded are uncontaminated packaging materials, 23 uncontaminated machinery components, general household waste, 24 landscape waste and construction or demolition debris. 25 (Source: P.A. 87-752.) 26 (415 ILCS 5/3.240 new) (was 415 ILCS 5/3.18) 27 Sec. 3.240. Intermittent control system.3.18.28 "Intermittent control system" is a system which provides for 29 the planned reduction of source emissions of sulfur dioxide 30 during periods when meteorological conditions are such, or 31 are anticipated to be such, that sulfur dioxide ambient air 32 quality standards may be violated unless such reductions are HB5557 Engrossed -14- LRB9212249LBpr 1 made. 2 (Source: P.A. 84-1308.) 3 (415 ILCS 5/3.245 new) (was 415 ILCS 5/3.72) 4 Sec. 3.245. Label.3.72."Label" means the written, 5 printed or graphic matter on or attached to the pesticide or 6 device or any of its containers or wrappings. 7 (Source: P.A. 86-820.) 8 (415 ILCS 5/3.250 new) (was 415 ILCS 5/3.73) 9 Sec. 3.250. Labeling.3.73."Labeling" means the label 10 and all other written, printed or graphic matters: (a) on the 11 pesticide or device or any of its containers or wrappings, 12 (b) accompanying the pesticide or device or referring to it 13 in any other media used to disseminate information to the 14 public, (c) to which reference is made to the pesticide or 15 device except when references are made to current official 16 publications of the U. S. Environmental Protection Agency, 17 Departments of Agriculture, Health and Human Services or 18 other Federal Government institutions, the state experiment 19 station or colleges of agriculture or other similar state 20 institution authorized to conduct research in the field of 21 pesticides. 22 (Source: P.A. 86-820.) 23 (415 ILCS 5/3.255 new) (was 415 ILCS 5/3.79) 24 Sec. 3.255. Land form.3.79."Land form" means a manmade 25 above-grade mound, less than 50 feet in height, covered with 26 sufficient soil materials to sustain vegetation. 27 (Source: P.A. 86-633; 86-1028.) 28 (415 ILCS 5/3.260 new) (was 415 ILCS 5/3.19) 29 Sec. 3.260. Landfill gas recovery facility.3.19.30 "Landfill gas recovery facility" means any facility which HB5557 Engrossed -15- LRB9212249LBpr 1 recovers and processes landfill gas from a sanitary landfill 2 or waste disposal site. 3 (Source: P.A. 84-1308.) 4 (415 ILCS 5/3.265 new) (was 415 ILCS 5/3.75) 5 Sec. 3.265. Landfill waste.3.75."Landfill waste" is 6 waste from a closed pollution control facility, closed 7 dumping site, closed sanitary landfill, or a closed waste 8 disposal site; provided however, "landfill waste" shall not 9 include waste removed by or pursuant to the authority of the 10 State or a unit of local government from the public way or 11 household waste removed by or pursuant to the authority of 12 the State or a unit of local government from any unauthorized 13 open dumping site. 14 (Source: P.A. 88-681, eff. 12-22-94.) 15 (415 ILCS 5/3.270 new) (was 415 ILCS 5/3.20) 16 Sec. 3.270. Landscape waste.3.20."Landscape waste" 17 means all accumulations of grass or shrubbery cuttings, 18 leaves, tree limbs and other materials accumulated as the 19 result of the care of lawns, shrubbery, vines and trees. 20 (Source: P.A. 84-1308.) 21 (415 ILCS 5/3.275 new) (was 415 ILCS 5/3.88) 22 Sec. 3.275. Lateral expansion.3.88."Lateral expansion" 23 means a horizontal expansion of the actual waste boundaries 24 of an existing MSWLF unit occurring on or after October 9, 25 1993. For purposes of this Section, a horizontal expansion 26 is any area where solid waste is placed for the first time 27 directly upon the bottom liner of the unit, excluding side 28 slopes, on or after October 9, 1993. 29 (Source: P.A. 88-496.) 30 (415 ILCS 5/3.280 new) (was 415 ILCS 5/3.92) HB5557 Engrossed -16- LRB9212249LBpr 1 Sec. 3.280. Lawncare wash water containment area.3.92.2 "Lawncare wash water containment area" means an area utilized 3 for the capture of spills or washing or rinsing of pesticide 4 residues from vehicles, application equipment, mixing 5 equipment, floors, loading areas, or other items used for the 6 storage, handling, preparation for use, transport, or 7 application of pesticides to land areas covered with turf 8 kept closely mown or land area covered with turf and trees or 9 shrubs. 10 (Source: P.A. 88-474; 88-670, eff. 12-2-94.) 11 (415 ILCS 5/3.285 new) (was 415 ILCS 5/3.85, 3.86, and 12 3.87) 13 Sec. 3.285. Municipal Solid Waste Landfill Unit; MSWLF 14 unit.3.85."Municipal Solid Waste Landfill Unit" or "MSWLF 15 unit" means a contiguous area of land or an excavation that 16 receives household waste, and that is not a land application 17 unit, surface impoundment, injection well, or any pile of 18 noncontainerized accumulations of solid, nonflowing waste 19 that is used for treatment or storage. A MSWLF unit may also 20 receive other types of RCRA Subtitle D wastes, such as 21 commercial solid waste, nonhazardous sludge, small quantity 22 generator waste and industrial solid waste. Such a landfill 23 may be publicly or privately owned. A MSWLF unit may be a 24 new MSWLF unit, an existing MSWLF unit, or a lateral 25 expansion. A sanitary landfill is subject to regulation as a 26 MSWLF unit if it receives household waste. 27Sec. 3.86."New MSWLF unit" means any municipal solid 28 waste landfill unit that receives household waste on or after 29 October 9, 1993, for the first time. 30Sec. 3.87."Existing MSWLF unit" means any municipal 31 solid waste landfill unit that has received solid waste 32 before October 9, 1993. 33 (Source: P.A. 88-496; 88-670, eff. 12-2-94.) HB5557 Engrossed -17- LRB9212249LBpr 1 (415 ILCS 5/3.290 new) (was 415 ILCS 5/3.21) 2 Sec. 3.290. Municipal waste.3.21."Municipal waste" 3 means garbage, general household and commercial waste, 4 industrial lunchroom or office waste, landscape waste, and 5 construction or demolition debris. 6 (Source: P.A. 87-650.) 7 (415 ILCS 5/3.295 new) (was 415 ILCS 5/3.22) 8 Sec. 3.295. Municipality.3.22."Municipality" means any 9 city, village or incorporated town. 10 (Source: P.A. 84-1308.) 11 (415 ILCS 5/3.300 new) (was 415 ILCS 5/3.23) 12 Sec. 3.300. Open burning.3.23."Open burning" is the 13 combustion of any matter in the open or in an open dump. 14 (Source: P.A. 84-1308.) 15 (415 ILCS 5/3.305 new) (was 415 ILCS 5/3.24) 16 Sec. 3.305. Open dumping.3.24."Open dumping" means the 17 consolidation of refuse from one or more sources at a 18 disposal site that does not fulfill the requirements of a 19 sanitary landfill. 20 (Source: P.A. 84-1308.) 21 (415 ILCS 5/3.310 new) (was 415 ILCS 5/3.25) 22 Sec. 3.310. Organized amateur or professional sporting 23 activity.3.25."Organized amateur or professional sporting 24 activity" means an activity or event carried out at a 25 facility by persons who engaged in that activity as a 26 business or for education, charity or entertainment for the 27 general public, including all necessary actions and 28 activities associated with such an activity. This definition 29 includes, but is not limited to, (i) rifle and pistol ranges, 30 licensed shooting preserves, and skeet, trap or shooting HB5557 Engrossed -18- LRB9212249LBpr 1 sports clubs in existence prior to January 1, 1994, (ii) 2 public hunting areas operated by a governmental entity, (iii) 3 organized motor sports, and (iv) sporting events organized or 4 controlled by school districts, units of local government, 5 state agencies, colleges, universities, or professional 6 sports clubs offering exhibitions to the public. 7 (Source: P.A. 88-598, eff. 8-31-94.) 8 (415 ILCS 5/3.315 new) (was 415 ILCS 5/3.26) 9 Sec. 3.315. Person.3.26."Person" is any individual, 10 partnership, co-partnership, firm, company, limited liability 11 company, corporation, association, joint stock company, 12 trust, estate, political subdivision, state agency, or any 13 other legal entity, or their legal representative, agent or 14 assigns. 15 (Source: P.A. 88-480.) 16 (415 ILCS 5/3.320 new) (was 415 ILCS 5/3.71) 17 Sec. 3.320. Pesticide.3.71."Pesticide" means any 18 substance or mixture of substances intended for preventing, 19 destroying, repelling, or mitigating any pest or any 20 substance or mixture of substances intended for use as a 21 plant regulator, defoliant or desiccant. 22 (Source: P.A. 86-820.) 23 (415 ILCS 5/3.325 new) (was 415 ILCS 5/3.74) 24 Sec. 3.325. Pesticide release.3.74."Pesticide release" 25 or "release of a pesticide" means any release resulting in a 26 concentration of pesticides in waters of the State which 27 exceeds levels for which: (1) a Maximum Contaminant Level 28 (MCL) has been promulgated by the U. S. Environmental 29 Protection Agency or a Maximum Allowable Concentration (MAC) 30 has been promulgated by the Board pursuant to the Safe 31 Drinking Water Act (P.L. 93-523), as amended; or (2) a Health HB5557 Engrossed -19- LRB9212249LBpr 1 Advisory used on an interim basis has been issued by the U. 2 S. Environmental Protection Agency; or (3) a standard has 3 been adopted by the Board pursuant to the Illinois 4 Groundwater Protection Act; or (4) in the absence of such 5 advisories or standards, an action level has been developed 6 by the Agency using guidance or procedures issued by the 7 federal government for developing health based levels. 8 (Source: P.A. 86-820.) 9 (415 ILCS 5/3.330 new) (was 415 ILCS 5/3.32) 10 Sec. 3.330.3.32.Pollution control facility. 11 (a) "Pollution control facility" is any waste storage 12 site, sanitary landfill, waste disposal site, waste transfer 13 station, waste treatment facility, or waste incinerator. 14 This includes sewers, sewage treatment plants, and any other 15 facilities owned or operated by sanitary districts organized 16 under the Metropolitan Water Reclamation District Act. 17 The following are not pollution control facilities: 18 (1) (Blank); 19 (2) waste storage sites regulated under 40 CFR, 20 Part 761.42; 21 (3) sites or facilities used by any person 22 conducting a waste storage, waste treatment, waste 23 disposal, waste transfer or waste incineration operation, 24 or a combination thereof, for wastes generated by such 25 person's own activities, when such wastes are stored, 26 treated, disposed of, transferred or incinerated within 27 the site or facility owned, controlled or operated by 28 such person, or when such wastes are transported within 29 or between sites or facilities owned, controlled or 30 operated by such person; 31 (4) sites or facilities at which the State is 32 performing removal or remedial action pursuant to Section 33 22.2 or 55.3; HB5557 Engrossed -20- LRB9212249LBpr 1 (5) abandoned quarries used solely for the disposal 2 of concrete, earth materials, gravel, or aggregate debris 3 resulting from road construction activities conducted by 4 a unit of government or construction activities due to 5 the construction and installation of underground pipes, 6 lines, conduit or wires off of the premises of a public 7 utility company which are conducted by a public utility; 8 (6) sites or facilities used by any person to 9 specifically conduct a landscape composting operation; 10 (7) regional facilities as defined in the Central 11 Midwest Interstate Low-Level Radioactive Waste Compact; 12 (8) the portion of a site or facility where coal 13 combustion wastes are stored or disposed of in accordance 14 with subdivision (r)(2) or (r)(3) of Section 21; 15 (9) the portion of a site or facility used for the 16 collection, storage or processing of waste tires as 17 defined in Title XIV; 18 (10) the portion of a site or facility used for 19 treatment of petroleum contaminated materials by 20 application onto or incorporation into the soil surface 21 and any portion of that site or facility used for storage 22 of petroleum contaminated materials before treatment. 23 Only those categories of petroleum listed inparagraph24(5) of subsection (a) ofSection 57.9(a)(3)22.18bare 25 exempt under this subdivision (10); 26 (11) the portion of a site or facility where used 27 oil is collected or stored prior to shipment to a 28 recycling or energy recovery facility, provided that the 29 used oil is generated by households or commercial 30 establishments, and the site or facility is a recycling 31 center or a business where oil or gasoline is sold at 32 retail; 33 (12) the portion of a site or facility utilizing 34 coal combustion waste for stabilization and treatment of HB5557 Engrossed -21- LRB9212249LBpr 1 only waste generated on that site or facility when used 2 in connection with response actions pursuant to the 3 federal Comprehensive Environmental Response, 4 Compensation, and Liability Act of 1980, the federal 5 Resource Conservation and Recovery Act of 1976, or the 6 Illinois Environmental Protection Act or as authorized by 7 the Agency; 8 (13) the portion of a site or facility accepting 9 exclusively general construction or demolition debris, 10 located in a county with a population over 700,000, and 11 operated and located in accordance with Section 22.38 of 12 this Act. 13 (b) A new pollution control facility is: 14 (1) a pollution control facility initially 15 permitted for development or construction after July 1, 16 1981; or 17 (2) the area of expansion beyond the boundary of a 18 currently permitted pollution control facility; or 19 (3) a permitted pollution control facility 20 requesting approval to store, dispose of, transfer or 21 incinerate, for the first time, any special or hazardous 22 waste. 23 (Source: P.A. 89-93, eff. 7-6-95; 90-475, eff. 8-17-97.) 24 (415 ILCS 5/3.335 new) (was 415 ILCS 5/3.27) 25 Sec. 3.335. Pollution control waste.3.27."Pollution 26 control waste" means any liquid, solid, semi-solid or gaseous 27 waste generated as a direct or indirect result of the removal 28 of contaminants from the air, water or land, and which pose a 29 present or potential threat to human health or to the 30 environment or with inherent properties which make the 31 disposal of such waste in a landfill difficult to manage by 32 normal means. "Pollution control waste" includes but is not 33 limited to water and wastewater treatment plant sludges, HB5557 Engrossed -22- LRB9212249LBpr 1 baghouse dusts, landfill waste, scrubber sludges and chemical 2 spill cleanings. 3 (Source: P.A. 85-1428.) 4 (415 ILCS 5/3.340 new) (was 415 ILCS 5/3.65) 5 Sec. 3.340. Potable.3.65."Potable" means generally fit 6 for human consumption in accordance with accepted water 7 supply principles and practices. 8 (Source: P.A. 85-863.) 9 (415 ILCS 5/3.345 new) (was 415 ILCS 5/3.59) 10 Sec. 3.345. Potential primary source.3.59."Potential 11 primary source" means any unit at a facility or site not 12 currently subject to a removal or remedial action which: 13 (1) is utilized for the treatment, storage, or 14 disposal of any hazardous or special waste not generated 15 at the site; or 16 (2) is utilized for the disposal of municipal waste 17 not generated at the site, other than landscape waste and 18 construction and demolition debris; or 19 (3) is utilized for the landfilling, land treating, 20 surface impounding or piling of any hazardous or special 21 waste that is generated on the site or at other sites 22 owned, controlled or operated by the same person; or 23 (4) stores or accumulates at any time more than 24 75,000 pounds above ground, or more than 7,500 pounds 25 below ground, of any hazardous substances. 26 A new potential primary source is: 27 (i) a potential primary source which is not in 28 existence or for which construction has not commenced at 29 its location as of January 1, 1988; or 30 (ii) a potential primary source which expands 31 laterally beyond the currently permitted boundary or, if 32 the primary source is not permitted, the boundary in HB5557 Engrossed -23- LRB9212249LBpr 1 existence as of January 1, 1988; or 2 (iii) a potential primary source which is part of a 3 facility that undergoes major reconstruction. Such 4 reconstruction shall be deemed to have taken place where 5 the fixed capital cost of the new components constructed 6 within a 2-year period exceed 50% of the fixed capital 7 cost of a comparable entirely new facility. 8 Construction shall be deemed commenced when all necessary 9 federal, State and local approvals have been obtained, and 10 work at the site has been initiated and proceeds in a 11 reasonably continuous manner to completion. 12 (Source: P.A. 85-863.) 13 (415 ILCS 5/3.350 new) (was 415 ILCS 5/3.58) 14 Sec. 3.350. Potential route.3.58."Potential route" 15 means abandoned and improperly plugged wells of all kinds, 16 drainage wells, all injection wells, including closed loop 17 heat pump wells, and any excavation for the discovery, 18 development or production of stone, sand or gravel. 19 A new potential route is: 20 (1) a potential route which is not in existence or 21 for which construction has not commenced at its location 22 as of January 1, 1988, or 23 (2) a potential route which expands laterally 24 beyond the currently permitted boundary or, if the 25 potential route is not permitted, the boundary in 26 existence as of January 1, 1988. 27 Construction shall be deemed commenced when all necessary 28 federal, State and local approvals have been obtained, and 29 work at the site has been initiated and proceeds in a 30 reasonably continuous manner to completion. 31 (Source: P.A. 85-863.) 32 (415 ILCS 5/3.355 new) (was 415 ILCS 5/3.60) HB5557 Engrossed -24- LRB9212249LBpr 1 Sec. 3.355. Potential secondary source.3.60."Potential 2 secondary source" means any unit at a facility or a site not 3 currently subject to a removal or remedial action, other than 4 a potential primary source, which: 5 (1) is utilized for the landfilling, land treating, 6 or surface impounding of waste that is generated on the 7 site or at other sites owned, controlled or operated by 8 the same person, other than livestock and landscape 9 waste, and construction and demolition debris; or 10 (2) stores or accumulates at any time more than 11 25,000 but not more than 75,000 pounds above ground, or 12 more than 2,500 but not more than 7,500 pounds below 13 ground, of any hazardous substances; or 14 (3) stores or accumulates at any time more than 15 25,000 gallons above ground, or more than 500 gallons 16 below ground, of petroleum, including crude oil or any 17 fraction thereof which is not otherwise specifically 18 listed or designated as a hazardous substance; or 19 (4) stores or accumulates pesticides, fertilizers, 20 or road oils for purposes of commercial application or 21 for distribution to retail sales outlets; or 22 (5) stores or accumulates at any time more than 23 50,000 pounds of any de-icing agent; or 24 (6) is utilized for handling livestock waste or for 25 treating domestic wastewaters other than private sewage 26 disposal systems as defined in the "Private Sewage 27 Disposal Licensing Act". 28 A new potential secondary source is: 29 (i) a potential secondary source which is not in 30 existence or for which construction has not commenced at 31 its location as of July 1, 1988; or 32 (ii) a potential secondary source which expands 33 laterally beyond the currently permitted boundary or, if 34 the secondary source is not permitted, the boundary in HB5557 Engrossed -25- LRB9212249LBpr 1 existence as of July 1, 1988, other than an expansion for 2 handling of livestock waste or for treating domestic 3 wastewaters; or 4 (iii) a potential secondary source which is part of 5 a facility that undergoes major reconstruction. Such 6 reconstruction shall be deemed to have taken place where 7 the fixed capital cost of the new components constructed 8 within a 2-year period exceed 50% of the fixed capital 9 cost of a comparable entirely new facility. 10 Construction shall be deemed commenced when all necessary 11 federal, State and local approvals have been obtained, and 12 work at the site has been initiated and proceeds in a 13 reasonably continuous manner to completion. 14 (Source: P.A. 85-863.) 15 (415 ILCS 5/3.360 new) (was 415 ILCS 5/3.84) 16 Sec. 3.360. Potentially infectious medical waste.3.84.17 (a) "Potentially infectious medical waste" means the 18 following types of waste generated in connection with the 19 diagnosis, treatment (i.e., provision of medical services), 20 or immunization of human beings or animals; research 21 pertaining to the provision of medical services; or the 22 production or testing of biologicals: 23 (1) Cultures and stocks. This waste shall include 24 but not be limited to cultures and stocks of agents 25 infectious to humans, and associated biologicals; 26 cultures from medical or pathological laboratories; 27 cultures and stocks of infectious agents from research 28 and industrial laboratories; wastes from the production 29 of biologicals; discarded live or attenuated vaccines; or 30 culture dishes and devices used to transfer, inoculate, 31 or mix cultures. 32 (2) Human pathological wastes. This waste shall 33 include tissue, organs, and body parts (except teeth and HB5557 Engrossed -26- LRB9212249LBpr 1 the contiguous structures of bone and gum); body fluids 2 that are removed during surgery, autopsy, or other 3 medical procedures; or specimens of body fluids and their 4 containers. 5 (3) Human blood and blood products. This waste 6 shall include discarded human blood, blood components 7 (e.g., serum and plasma), or saturated material 8 containing free flowing blood or blood components. 9 (4) Used sharps. This waste shall include but not 10 be limited to discarded sharps used in animal or human 11 patient care, medical research, or clinical or 12 pharmaceutical laboratories; hypodermic, intravenous, or 13 other medical needles; hypodermic or intravenous 14 syringes; Pasteur pipettes; scalpel blades; or blood 15 vials. This waste shall also include but not be limited 16 to other types of broken or unbroken glass (including 17 slides and cover slips) in contact with infectious 18 agents. 19 (5) Animal waste. Animal waste means discarded 20 materials, including carcasses, body parts, body fluids, 21 blood, or bedding originating from animals inoculated 22 during research, production of biologicals, or 23 pharmaceutical testing with agents infectious to humans. 24 (6) Isolation waste. This waste shall include 25 discarded materials contaminated with blood, excretions, 26 exudates, and secretions from humans that are isolated to 27 protect others from highly communicable diseases. 28 "Highly communicable diseases" means those diseases 29 identified by the Board in rules adopted under subsection 30 (e) of Section 56.2 of this Act. 31 (7) Unused sharps. This waste shall include but 32 not be limited to the following unused, discarded sharps: 33 hypodermic, intravenous, or other needles; hypodermic or 34 intravenous syringes; or scalpel blades. HB5557 Engrossed -27- LRB9212249LBpr 1 (b) Potentially infectious medical waste does not 2 include: 3 (1) waste generated as general household waste; 4 (2) waste (except for sharps) for which the 5 infectious potential has been eliminated by treatment; or 6 (3) sharps that meet both of the following 7 conditions: 8 (A) the infectious potential has been 9 eliminated from the sharps by treatment; and 10 (B) the sharps are rendered unrecognizable by 11 treatment. 12 (Source: P.A. 87-752; 87-895; 87-1097.) 13 (415 ILCS 5/3.365 new) (was 415 ILCS 5/3.28) 14 Sec. 3.365. Public water supply.3.28."Public water 15 supply" means all mains, pipes and structures through which 16 water is obtained and distributed to the public, including 17 wells and well structures, intakes and cribs, pumping 18 stations, treatment plants, reservoirs, storage tanks and 19 appurtenances, collectively or severally, actually used or 20 intended for use for the purpose of furnishing water for 21 drinking or general domestic use and which serve at least 15 22 service connections or which regularly serve at least 25 23 persons at least 60 days per year. A public water supply is 24 either a "community water supply" or a "non-community water 25 supply". 26 (Source: P.A. 84-1308.) 27 (415 ILCS 5/3.370 new) (was 415 ILCS 5/3.29) 28 Sec. 3.370. RCRA permit.3.29."RCRA permit" means a 29 permit issued by the Agency pursuant to authorization 30 received by the Agency from the United States Environmental 31 Protection Agency under Subtitle C of the Resource 32 Conservation and Recovery Act of 1976, (P.L. 94-580) (RCRA) HB5557 Engrossed -28- LRB9212249LBpr 1 and which meets the requirements of Section 3005 of RCRA and 2 of this Act. 3 (Source: P.A. 84-1308.) 4 (415 ILCS 5/3.375 new) (was 415 ILCS 5/3.81) 5 Sec. 3.375. Recycling center.3.81."Recycling center" 6 means a site or facility that accepts only segregated, 7 nonhazardous, nonspecial, homogeneous, nonputrescible 8 materials, such as dry paper, glass, cans or plastics, for 9 subsequent use in the secondary materials market. 10 (Source: P.A. 87-650.) 11 (415 ILCS 5/3.380 new) (was 415 ILCS 5/3.30) 12 Sec. 3.380. Recycling, reclamation or reuse.3.30.13 "Recycling, reclamation or reuse" means a method, technique, 14 or process designed to remove any contaminant from waste so 15 as to render such waste reusable, or any process by which 16 materials that would otherwise be disposed of or discarded 17 are collected, separated or processed and returned to the 18 economic mainstream in the form of raw materials or products. 19 (Source: P.A. 87-650.) 20 (415 ILCS 5/3.385 new) (was 415 ILCS 5/3.31) 21 Sec. 3.385. Refuse.3.31."Refuse" means waste. 22 (Source: P.A. 84-1308.) 23 (415 ILCS 5/3.390 new) (was 415 ILCS 5/3.67) 24 Sec. 3.390. Regulated recharge area.3.67."Regulated 25 recharge area" means a compact geographic area, as determined 26 by the Board, the geology of which renders a potable resource 27 groundwater particularly susceptible to contamination. 28 (Source: P.A. 85-863.) 29 (415 ILCS 5/3.395 new) (was 415 ILCS 5/3.33) HB5557 Engrossed -29- LRB9212249LBpr 1 Sec. 3.395. Release.3.33."Release" means any spilling, 2 leaking, pumping, pouring, emitting, emptying, discharging, 3 injecting, escaping, leaching, dumping, or disposing into the 4 environment, but excludes (a) any release which results in 5 exposure to persons solely within a workplace, with respect 6 to a claim which such persons may assert against the employer 7 of such persons; (b) emissions from the engine exhaust of a 8 motor vehicle, rolling stock, aircraft, vessel, or pipeline 9 pumping station engine; (c) release of source, byproduct, or 10 special nuclear material from a nuclear incident, as those 11 terms are defined in the Atomic Energy Act of 1954, if such 12 release is subject to requirements with respect to financial 13 protection established by the Nuclear Regulatory Commission 14 under Section 170 of such Act; and (d) the normal application 15 of fertilizer. 16 (Source: P.A. 84-1308.) 17 (415 ILCS 5/3.400 new) (was 415 ILCS 5/3.34) 18 Sec. 3.400. Remedial action.3.34."Remedial action" 19 means those actions consistent with permanent remedy taken 20 instead of or in addition to removal actions in the event of 21 a release or threatened release of a hazardous substance into 22 the environment, to prevent or minimize the release of 23 hazardous substances so that they do not migrate to cause 24 substantial danger to present or future public health or 25 welfare or the environment. The term includes, but is not 26 limited to, such actions at the location of the release as 27 storage, confinement, perimeter protection using dikes, 28 trenches, or ditches, clay cover, neutralization, cleanup of 29 released hazardous substances or contaminated materials, 30 recycling or reuse, diversion destruction, segregation of 31 reactive wastes, dredging or excavations, repair or 32 replacement of leaking containers, collection of leachate and 33 runoff, onsite treatment or incineration, provision of HB5557 Engrossed -30- LRB9212249LBpr 1 alternative water supplies, and any monitoring reasonably 2 required to assure that such actions protect the public 3 health and welfare and the environment. The term includes 4 the costs of permanent relocation of residents and businesses 5 and community facilities where the Governor and the Director 6 determine that, alone or in combination with other measures, 7 such relocation is more cost-effective than and 8 environmentally preferable to the transportation, storage, 9 treatment, destruction, or secure disposition offsite of 10 hazardous substances, or may otherwise be necessary to 11 protect the public health or welfare. The term includes 12 offsite transport of hazardous substances, or the storage, 13 treatment, destruction, or secure disposition offsite of such 14 hazardous substances or contaminated materials. 15 (Source: P.A. 86-671.) 16 (415 ILCS 5/3.405 new) (was 415 ILCS 5/3.35) 17 Sec. 3.405. Remove; removal.3.35."Remove" or "removal" 18 means the cleanup or removal of released hazardous substances 19 from the environment, actions as may be necessary taken in 20 the event of the threat of release of hazardous substances 21 into the environment, actions as may be necessary to monitor, 22 assess, and evaluate the release or threat of release of 23 hazardous substances, the disposal of removed material, or 24 the taking of other actions as may be necessary to prevent, 25 minimize, or mitigate damage to the public health or welfare 26 or the environment, that may otherwise result from a release 27 or threat of release. The term includes, in addition, 28 without being limited to, security fencing or other measures 29 to limit access, provision of alternative water supplies, 30 temporary evacuation and housing of threatened individuals, 31 and any emergency assistance that may be provided under the 32 Illinois Emergency Management Agency Act or any other law. 33 (Source: P.A. 87-168.) HB5557 Engrossed -31- LRB9212249LBpr 1 (415 ILCS 5/3.410 new) (was 415 ILCS 5/3.36) 2 Sec. 3.410. Re-refined oil.3.36."Re-refined oil" means 3 any oil which has been refined from used oil meeting 4 substantially the same standards as new oil. 5 (Source: P.A. 84-1308.) 6 (415 ILCS 5/3.415 new) (was 415 ILCS 5/3.37) 7 Sec. 3.415. Resident.3.37."Resident" means a person 8 who dwells or has a place of abode which is occupied by that 9 person for 60 days or more each calendar year. 10 (Source: P.A. 84-1308.) 11 (415 ILCS 5/3.420 new) (was 415 ILCS 5/3.38) 12 Sec. 3.420. Resource conservation.3.38."Resource 13 conservation" means reduction of the amounts of waste that 14 are generated, reduction of overall resource consumption and 15 the utilization of recovered resources. 16 (Source: P.A. 84-1308.) 17 (415 ILCS 5/3.425 new) (was 415 ILCS 5/3.90) 18 Sec. 3.425. Resource Conservation and Recovery Act; RCRA. 193.90."Resource Conservation and Recovery Act" or "RCRA" 20 means the Resource Conservation and Recovery Act of 1976 21 (P.L. 94-580), as amended. 22 (Source: P.A. 88-496.) 23 (415 ILCS 5/3.430 new) (was 415 ILCS 5/3.66) 24 Sec. 3.430. Resource groundwater.3.66."Resource 25 groundwater" means groundwater that is presently being or in 26 the future capable of being put to beneficial use by reason 27 of being of suitable quality. 28 (Source: P.A. 85-863.) 29 (415 ILCS 5/3.435 new) (was 415 ILCS 5/3.39) HB5557 Engrossed -32- LRB9212249LBpr 1 Sec. 3.435. Resource recovery.3.39."Resource recovery" 2 means the recovery of material or energy from waste. 3 (Source: P.A. 84-1308.) 4 (415 ILCS 5/3.440 new) (was 415 ILCS 5/3.40) 5 Sec. 3.440. Respond; response.3.40."Respond" or 6 "response" means remove, removal, remedy, and remedial 7 action. 8 (Source: P.A. 84-1308.) 9 (415 ILCS 5/3.445 new) (was 415 ILCS 5/3.41) 10 Sec. 3.445. Sanitary landfill.3.41."Sanitary landfill" 11 means a facility permitted by the Agency for the disposal of 12 waste on land meeting the requirements of the Resource 13 Conservation and Recovery Act, P.L. 94-580, and regulations 14 thereunder, and without creating nuisances or hazards to 15 public health or safety, by confining the refuse to the 16 smallest practical volume and covering it with a layer of 17 earth at the conclusion of each day's operation, or by such 18 other methods and intervals as the Board may provide by 19 regulation. 20 (Source: P.A. 84-1308.) 21 (415 ILCS 5/3.450 new) (was 415 ILCS 5/3.61) 22 Sec. 3.450. Setback zone.3.61."Setback zone" means a 23 geographic area, designated pursuant to this Act, containing 24 a potable water supply well or a potential source or 25 potential route, having a continuous boundary, and within 26 which certain prohibitions or regulations are applicable in 27 order to protect groundwaters. 28 (Source: P.A. 85-863.) 29 (415 ILCS 5/3.455 new) (was 415 ILCS 5/3.42) 30 Sec. 3.455. Sewage works.3.42."Sewage works" means HB5557 Engrossed -33- LRB9212249LBpr 1 individually or collectively those constructions or devices 2 used for collecting, pumping, treating, and disposing of 3 sewage, industrial waste or other wastes or for the recovery 4 of by-products from such wastes. 5 (Source: P.A. 84-1308.) 6 (415 ILCS 5/3.460 new) (was 415 ILCS 5/3.43) 7 Sec. 3.460. Site.3.43."Site" means any location, 8 place, tract of land, and facilities, including but not 9 limited to buildings, and improvements used for purposes 10 subject to regulation or control by this Act or regulations 11 thereunder. 12 (Source: P.A. 84-1308.) 13 (415 ILCS 5/3.465 new) (was 415 ILCS 5/3.44) 14 Sec. 3.465. Sludge.3.44."Sludge" means any solid, 15 semi-solid, or liquid waste generated from a municipal, 16 commercial, or industrial wastewater treatment plant, water 17 supply treatment plant, or air pollution control facility or 18 any other such waste having similar characteristics and 19 effects. 20 (Source: P.A. 84-1308.) 21 (415 ILCS 5/3.470 new) (was 415 ILCS 5/3.82) 22 Sec. 3.470. Solid waste.3.82."Solid waste" means 23 waste. 24 (Source: P.A. 87-650.) 25 (415 ILCS 5/3.475 new) (was 415 ILCS 5/3.45) 26 Sec. 3.475.3.45.Special waste. "Special waste" means 27 any of the following: 28 (a) potentially infectious medical waste; 29 (b) hazardous waste, as determined in conformance with 30 RCRA hazardous waste determination requirements set forth in HB5557 Engrossed -34- LRB9212249LBpr 1 Section 722.111 of Title 35 of the Illinois Administrative 2 Code, including a residue from burning or processing 3 hazardous waste in a boiler or industrial furnace unless the 4 residue has been tested in accordance with Section 726.212 of 5 Title 35 of the Illinois Administrative Code and proven to be 6 nonhazardous; 7 (c) industrial process waste or pollution control waste, 8 except: 9 (1) any such waste certified by its generator, 10 pursuant to Section 22.48 of this Act, not to be any of 11 the following: 12 (A) a liquid, as determined using the paint 13 filter test set forth in subdivision (3)(A) of 14 subsection (m) of Section 811.107 of Title 35 of the 15 Illinois Administrative Code; 16 (B) regulated asbestos-containing waste 17 materials, as defined under the National Emission 18 Standards for Hazardous Air Pollutants in 40 CFR 19 Section 61.141; 20 (C) polychlorinated biphenyls (PCB's) 21 regulated pursuant to 40 CFR Part 761; 22 (D) an industrial process waste or pollution 23 control waste subject to the waste analysis and 24 recordkeeping requirements of Section 728.107 of 25 Title 35 of the Illinois Administrative Code under 26 the land disposal restrictions of Part 728 of Title 27 35 of the Illinois Administrative Code; and 28 (E) a waste material generated by processing 29 recyclable metals by shredding and required to be 30 managed as a special waste under Section 22.29 of 31 this Act; 32 (2) any empty portable device or container, 33 including but not limited to a drum, in which a special 34 waste has been stored, transported, treated, disposed of, HB5557 Engrossed -35- LRB9212249LBpr 1 or otherwise handled, provided that the generator has 2 certified that the device or container is empty and does 3 not contain a liquid, as determined pursuant to item (A) 4 of subdivision (1) of this subsection. For purposes of 5 this subdivision, "empty portable device or container" 6 means a device or container in which removal of special 7 waste, except for a residue that shall not exceed one 8 inch in thickness, has been accomplished by a practice 9 commonly employed to remove materials of that type. An 10 inner liner used to prevent contact between the special 11 waste and the container shall be removed and managed as a 12 special waste; or 13 (3) as may otherwise be determined under Section 14 22.9 of this Act. 15 "Special waste" does not mean fluorescent and high 16 intensity discharge lamps as defined in subsection (a) of 17 Section 22.23a of this Act, waste that is managed in 18 accordance with the universal waste requirements set forth in 19 Title 35 of the Illinois Administrative Code, Subtitle G, 20 Chapter I, Subchapter c, Part 733, or waste that is subject 21 to rules adopted pursuant to subsection (c)(2) of Section 22 22.23a of this Act. 23 (Source: P.A. 89-619, eff. 1-1-97; 90-502, eff. 8-19-97.) 24 (415 ILCS 5/3.480 new) (was 415 ILCS 5/3.46) 25 Sec. 3.480. Storage.3.46."Storage" means the 26 containment of waste, either on a temporary basis or for a 27 period of years, in such a manner as not to constitute 28 disposal. 29 (Source: P.A. 87-650.) 30 (415 ILCS 5/3.485 new) (was 415 ILCS 5/3.47) 31 Sec. 3.485. Storage site.3.47."Storage site" is a site 32 at which waste is stored. "Storage site" includes transfer HB5557 Engrossed -36- LRB9212249LBpr 1 stations but does not include (i) a site that accepts or 2 receives waste in transfer containers unless the waste is 3 removed from the transfer container or unless the transfer 4 container becomes stationary, en route to a disposal, 5 treatment, or storage facility for more than 5 business days, 6 or (ii) a site that accepts or receives open top units 7 containing only clean construction and demolition debris, or 8 (iii) a site that stores waste on a refuse motor vehicle or 9 in the vehicle's detachable refuse receptacle for no more 10 than 24 hours, excluding Saturdays, Sundays, and holidays, 11 but only if the detachable refuse receptacle is completely 12 covered or enclosed and is stored on the same site as the 13 refuse motor vehicle that transported the receptacle to the 14 site. 15 Nothing in this Section shall be construed to be less 16 stringent than or inconsistent with the provisions of the 17 federal Resource Conservation and Recovery Act of 1976 (P.L. 18 94-480) or regulations adopted under it. 19 (Source: P.A. 89-122, eff. 7-7-95.) 20 (415 ILCS 5/3.490 new) (was 415 ILCS 5/3.48) 21 Sec. 3.490. Trade secret.3.48."Trade secret" means the 22 whole or any portion or phase of any scientific or technical 23 information, design, process (including a manufacturing 24 process), procedure, formula or improvement, or business plan 25 which is secret in that it has not been published or 26 disseminated or otherwise become a matter of general public 27 knowledge, and which has competitive value. A trade secret 28 is presumed to be secret when the owner thereof takes 29 reasonable measures to prevent it from becoming available to 30 persons other than those selected by the owner to have access 31 thereto for limited purposes. 32 (Source: P.A. 84-1308.) HB5557 Engrossed -37- LRB9212249LBpr 1 (415 ILCS 5/3.495 new) (was 415 ILCS 5/3.48-5) 2 Sec. 3.495. Transfer container.3.48-5."Transfer 3 container" means a reusable transportable shipping container 4 that is completely covered or enclosed, that has a volume of 5 not less than 250 cubic feet based on the external 6 dimensions, and that is constructed and maintained to protect 7 the container contents (which may include smaller containers 8 that are or are not transfer containers) from water, rain, 9 and wind, to prevent the free movement of rodents and vectors 10 into or out of the container, and to prevent leaking from the 11 container. 12 (Source: P.A. 89-122, eff. 7-7-95.) 13 (415 ILCS 5/3.500 new) (was 415 ILCS 5/3.83) 14 Sec. 3.500. Transfer station.3.83."Transfer station" 15 means a site or facility that accepts waste for temporary 16 storage or consolidation and further transfer to a waste 17 disposal, treatment or storage facility. "Transfer station" 18 includes a site where waste is transferred from (1) a rail 19 carrier to a motor vehicle or water carrier; (2) a water 20 carrier to a rail carrier or motor vehicle; (3) a motor 21 vehicle to a rail carrier, water carrier or motor vehicle; 22 (4) a rail carrier to a rail carrier, if the waste is removed 23 from a rail car; or (5) a water carrier to a water carrier, 24 if the waste is removed from a vessel. 25 "Transfer station" does not include (i) a site where 26 waste is not removed from the transfer container, or (ii) a 27 site that accepts or receives open top units containing only 28 clean construction and demolition debris, or (iii) a site 29 that stores waste on a refuse motor vehicle or in the 30 vehicle's detachable refuse receptacle for no more than 24 31 hours, excluding Saturdays, Sundays, and holidays, but only 32 if the detachable refuse receptacle is completely covered or 33 enclosed and is stored on the same site as the refuse motor HB5557 Engrossed -38- LRB9212249LBpr 1 vehicle that transported the receptacle to the site. 2 Nothing in this Section shall be construed to be less 3 stringent than or inconsistent with the provisions of the 4 federal Resource Conservation and Recovery Act of 1976 (P.L. 5 94-480) or regulations adopted under it. 6 (Source: P.A. 89-122, eff. 7-7-95.) 7 (415 ILCS 5/3.505 new) (was 415 ILCS 5/3.49) 8 Sec. 3.505. Treatment.3.49."Treatment" means any 9 method, technique or process, including neutralization, 10 designed to change the physical, chemical, or biological 11 character or composition of any waste so as to neutralize it 12 or render it nonhazardous, safer for transport, amenable for 13 recovery, amenable for storage, or reduced in volume. Such 14 term includes any activity or processing designed to change 15 the physical form or chemical composition of hazardous waste 16 so as to render it nonhazardous. 17 (Source: P.A. 87-650.) 18 (415 ILCS 5/3.510 new) (was 415 ILCS 5/3.50) 19 Sec. 3.510. Underground injection.3.50."Underground 20 injection" means the subsurface emplacement of fluids by well 21 injection. 22 (Source: P.A. 84-1308.) 23 (415 ILCS 5/3.515 new) (was 415 ILCS 5/3.62) 24 Sec. 3.515. Unit.3.62."Unit" means any device, 25 mechanism, equipment, or area (exclusive of land utilized 26 only for agricultural production). This term includes 27 secondary containment structures and their contents at 28 agrichemical facilities. 29 (Source: P.A. 87-1108.) 30 (415 ILCS 5/3.520 new) (was 415 ILCS 5/3.51) HB5557 Engrossed -39- LRB9212249LBpr 1 Sec. 3.520. Used oil.3.51."Used oil" means any oil 2 which has been refined from crude oil or refined from used 3 oil, has been used, and as a result of such use has been 4 contaminated by physical or chemical impurities, except that 5 "used oil" shall not include that type of oil generated on 6 farmland property devoted to agricultural use and used on 7 that property for heating or burning. 8 (Source: P.A. 84-1308.) 9 (415 ILCS 5/3.525 new) (was 415 ILCS 5/3.91) 10 Sec. 3.525. Vegetable by-products.3.91."Vegetable 11 by-products" means any waste consisting solely of the unused 12 portion of fruits and vegetables, associated solids, and 13 process water resulting from any commercial canning, 14 freezing, preserving or other processing of fruits and 15 vegetables. Vegetable by-products are not special wastes. 16 (Source: P.A. 88-454; 88-670, eff. 12-2-94.) 17 (415 ILCS 5/3.530 new) (was 415 ILCS 5/3.52) 18 Sec. 3.530. Virgin oil.3.52."Virgin oil" means any oil 19 which has been refined from crude oil which may or may not 20 contain additives and has not been used. 21 (Source: P.A. 84-1308.) 22 (415 ILCS 5/3.535 new) (was 415 ILCS 5/3.53) 23 Sec. 3.535. Waste.3.53."Waste" means any garbage, 24 sludge from a waste treatment plant, water supply treatment 25 plant, or air pollution control facility or other discarded 26 material, including solid, liquid, semi-solid, or contained 27 gaseous material resulting from industrial, commercial, 28 mining and agricultural operations, and from community 29 activities, but does not include solid or dissolved material 30 in domestic sewage, or solid or dissolved materials in 31 irrigation return flows, or coal combustion by-products as HB5557 Engrossed -40- LRB9212249LBpr 1 defined in Section 3.1353.94, or industrial discharges which 2 are point sources subject to permits under Section 402 of the 3 Federal Water Pollution Control Act, as now or hereafter 4 amended, or source, special nuclear, or by-product materials 5 as defined by the Atomic Energy Act of 1954, as amended (68 6 Stat. 921) or any solid or dissolved material from any 7 facility subject to the Federal Surface Mining Control and 8 Reclamation Act of 1977 (P.L. 95-87) or the rules and 9 regulations thereunder or any law or rule or regulation 10 adopted by the State of Illinois pursuant thereto. 11 (Source: P.A. 89-93, eff. 7-6-95.) 12 (415 ILCS 5/3.540 new) (was 415 ILCS 5/3.54) 13 Sec. 3.540. Waste disposal site.3.54."Waste disposal 14 site" is a site on which solid waste is disposed. 15 (Source: P.A. 84-1308.) 16 (415 ILCS 5/3.545 new) (was 415 ILCS 5/3.55) 17 Sec. 3.545. Water pollution.3.55."Water pollution" is 18 such alteration of the physical, thermal, chemical, 19 biological or radioactive properties of any waters of the 20 State, or such discharge of any contaminant into any waters 21 of the State, as will or is likely to create a nuisance or 22 render such waters harmful or detrimental or injurious to 23 public health, safety or welfare, or to domestic, commercial, 24 industrial, agricultural, recreational, or other legitimate 25 uses, or to livestock, wild animals, birds, fish, or other 26 aquatic life. 27 (Source: P.A. 84-1308.) 28 (415 ILCS 5/3.550 new) (was 415 ILCS 5/3.56) 29 Sec. 3.550. Waters.3.56."Waters" means all 30 accumulations of water, surface and underground, natural, and 31 artificial, public and private, or parts thereof, which are HB5557 Engrossed -41- LRB9212249LBpr 1 wholly or partially within, flow through, or border upon this 2 State. 3 (Source: P.A. 84-1308.) 4 (415 ILCS 5/3.555 new) (was 415 ILCS 5/3.57) 5 Sec. 3.555. Well.3.57."Well" means a bored, drilled or 6 driven shaft, or dug hole, the depth of which is greater than 7 the largest surface dimension. 8 (Source: P.A. 84-1308.) 9 (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004) 10 Sec. 4. Environmental Protection Agency; establishment; 11 duties. 12 (a) There is established in the Executive Branch of the 13 State Government an agency to be known as the Environmental 14 Protection Agency. This Agency shall be under the 15 supervision and direction of a Director who shall be 16 appointed by the Governor with the advice and consent of the 17 Senate. The term of office of the Director shall expire on 18 the third Monday of January in odd numbered years, provided 19 that he or she shall holdhisoffice until ahissuccessor is 20 appointed and has qualified. The Director shall receive an 21 annual salary as set by the Governor from time to time or as 22 set by the Compensation Review Board, whichever is greater. 23 If set by the Governor, the Director's annual salary may not 24 exceed 85% of the Governor's annual salary. The Director, in 25 accord with the Personnel Code, shall employ and direct such 26 personnel, and shall provide for such laboratory and other 27 facilities, as may be necessary to carry out the purposes of 28 this Act. In addition, the Director may by agreement secure 29 such services as he or she may deem necessary from any other 30 department, agency, or unit of the State Government, and may 31 employ and compensate such consultants and technical 32 assistants as may be required. HB5557 Engrossed -42- LRB9212249LBpr 1 (b) The Agency shall have the duty to collect and 2 disseminate such information, acquire such technical data, 3 and conduct such experiments as may be required to carry out 4 the purposes of this Act, including ascertainment of the 5 quantity and nature of discharges from any contaminant source 6 and data on those sources, and to operate and arrange for the 7 operation of devices for the monitoring of environmental 8 quality. 9 (c) The Agency shall have authority to conduct a program 10 of continuing surveillance and of regular or periodic 11 inspection of actual or potential contaminant or noise 12 sources, of public water supplies, and of refuse disposal 13 sites. 14 (d) In accordance with constitutional limitations, the 15 Agency shall have authority to enter at all reasonable times 16 upon any private or public property for the purpose of: 17 (1) Inspecting and investigating to ascertain possible 18 violations of the Act or of regulations thereunder, or of 19 permits or terms or conditions thereof; or 20 (2) In accordance with the provisions of this Act, 21 taking whatever preventive or corrective action, including 22 but not limited to removal or remedial action, that is 23 necessary or appropriate whenever there is a release or a 24 substantial threat of a release of (A) a hazardous substance 25 or pesticide or (B) petroleum from an underground storage 26 tank. 27 (e) The Agency shall have the duty to investigate 28 violations of this Act or of regulations adopted thereunder, 29 or of permits or terms or conditions thereof, to issue 30 administrative citations as provided in Section 31.1 of this 31 Act, and to take such summary enforcement action as is 32 provided for by Section 34 of this Act. 33 (f) The Agency shall appear before the Board in any 34 hearing upon a petition for variance, the denial of a permit, HB5557 Engrossed -43- LRB9212249LBpr 1 or the validity or effect of a rule or regulation of the 2 Board, and shall have the authority to appear before the 3 Board in any hearing under the Act. 4 (g) The Agency shall have the duty to administer, in 5 accord with Title X of this Act, such permit and 6 certification systems as may be established by this Act or by 7 regulations adopted thereunder. The Agency may enter into 8 written delegation agreements with any department, agency, or 9 unit of State or local government under which all or portions 10 of this duty may be delegated for public water supply storage 11 and transport systems, sewage collection and transport 12 systems, air pollution control sources with uncontrolled 13 emissions of 100 tons per year or less and application of 14 algicides to waters of the State. Such delegation agreements 15 will require that the work to be performed thereunder will be 16 in accordance with Agency criteria, subject to Agency review, 17 and shall include such financial and program auditing by the 18 Agency as may be required. 19 (h) The Agency shall have authority to require the 20 submission of complete plans and specifications from any 21 applicant for a permit required by this Act or by regulations 22 thereunder, and to require the submission of such reports 23 regarding actual or potential violations of the Act or of 24 regulations thereunder, or of permits or terms or conditions 25 thereof, as may be necessary for purposes of this Act. 26 (i) The Agency shall have authority to make 27 recommendations to the Board for the adoption of regulations 28 under Title VII of the Act. 29 (j) The Agency shall have the duty to represent the 30 State of Illinois in any and all matters pertaining to plans, 31 procedures, or negotiations for interstate compacts or other 32 governmental arrangements relating to environmental 33 protection. 34 (k) The Agency shall have the authority to accept, HB5557 Engrossed -44- LRB9212249LBpr 1 receive, and administer on behalf of the State any grants, 2 gifts, loans, indirect cost reimbursements, or other funds 3 made available to the State from any source for purposes of 4 this Act or for air or water pollution control, public water 5 supply, solid waste disposal, noise abatement, or other 6 environmental protection activities, surveys, or programs. 7 Any federal funds received by the Agency pursuant to this 8 subsection shall be deposited in a trust fund with the State 9 Treasurer and held and disbursed by him in accordance with 10 Treasurer as Custodian of Funds Act, provided that such 11 monies shall be used only for the purposes for which they are 12 contributed and any balance remaining shall be returned to 13 the contributor. 14 The Agency is authorized to promulgate such regulations 15 and enter into such contracts as it may deem necessary for 16 carrying out the provisions of this subsection. 17 (l) The Agency is hereby designated as water pollution 18 agency for the state for all purposes of the Federal Water 19 Pollution Control Act, as amended; as implementing agency for 20 the State for all purposes of the Safe Drinking Water Act, 21 Public Law 93-523, as now or hereafter amended, except 22 Section 1425 of that Act; as air pollution agency for the 23 state for all purposes of the Clean Air Act of 1970, Public 24 Law 91-604, approved December 31, 1970, as amended; and as 25 solid waste agency for the state for all purposes of the 26 Solid Waste Disposal Act, Public Law 89-272, approved October 27 20, 1965, and amended by the Resource Recovery Act of 1970, 28 Public Law 91-512, approved October 26, 1970, as amended, and 29 amended by the Resource Conservation and Recovery Act of 30 1976, (P.L. 94-580) approved October 21, 1976, as amended; as 31 noise control agency for the state for all purposes of the 32 Noise Control Act of 1972, Public Law 92-574, approved 33 October 27, 1972, as amended; and as implementing agency for 34 the State for all purposes of the Comprehensive Environmental HB5557 Engrossed -45- LRB9212249LBpr 1 Response, Compensation, and Liability Act of 1980 (P.L. 2 96-510), as amended; and otherwise as pollution control 3 agency for the State pursuant to federal laws integrated with 4 the foregoing laws, for financing purposes or otherwise. The 5 Agency is hereby authorized to take all action necessary or 6 appropriate to secure to the State the benefits of such 7 federal Acts, provided that the Agency shall transmit to the 8 United States without change any standards adopted by the 9 Pollution Control Board pursuant to Section 5(c) of this Act. 10 This subsection (l) of Section 4 shall not be construed to 11 bar or prohibit the Environmental Protection Trust Fund 12 Commission from accepting, receiving, and administering on 13 behalf of the State any grants, gifts, loans or other funds 14 for which the Commission is eligible pursuant to the 15 Environmental Protection Trust Fund Act. The Agency is 16 hereby designated as the State agency for all purposes of 17 administering the requirements of Section 313 of the federal 18 Emergency Planning and Community Right-to-Know Act of 1986. 19 Any municipality, sanitary district, or other political 20 subdivision, or any Agency of the State or interstate Agency, 21 which makes application for loans or grants under such 22 federal Acts shall notify the Agency of such application; the 23 Agency may participate in proceedings under such federal 24 Acts. 25 (m) The Agency shall have authority, consistent with 26 Section 5(c) and other provisions of this Act, and for 27 purposes of Section 303(e) of the Federal Water Pollution 28 Control Act, as now or hereafter amended, to engage in 29 planning processes and activities and to develop plans in 30 cooperation with units of local government, state agencies 31 and officers, and other appropriate persons in connection 32 with the jurisdiction or duties of each such unit, agency, 33 officer or person. Public hearings shall be held on the 34 planning process, at which any person shall be permitted to HB5557 Engrossed -46- LRB9212249LBpr 1 appear and be heard, pursuant to procedural regulations 2 promulgated by the Agency. 3 (n) In accordance with the powers conferred upon the 4 Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this 5 Act, the Agency shall have authority to establish and enforce 6 minimum standards for the operation of laboratories relating 7 to analyses and laboratory tests for air pollution, water 8 pollution, noise emissions, contaminant discharges onto land 9 and sanitary, chemical, and mineral quality of water 10 distributed by a public water supply. The Agency may enter 11 into formal working agreements with other departments or 12 agencies of state government under which all or portions of 13 this authority may be delegated to the cooperating department 14 or agency. 15 (o) The Agency shall have the authority to issue 16 certificates of competency to persons and laboratories 17 meeting the minimum standards established by the Agency in 18 accordance with Section 4(n) of this Act and to promulgate 19 and enforce regulations relevant to the issuance and use of 20 such certificates. The Agency may enter into formal working 21 agreements with other departments or agencies of state 22 government under which all or portions of this authority may 23 be delegated to the cooperating department or agency. 24 (p) Except as provided in Section 17.7, the Agency shall 25 have the duty to analyze samples as required from each public 26 water supply to determine compliance with the contaminant 27 levels specified by the Pollution Control Board. The maximum 28 number of samples which the Agency shall be required to 29 analyze for microbiological quality shall be 6 per month, but 30 the Agency may, at its option, analyze a larger number each 31 month for any supply. Results of sample analyses for 32 additional required bacteriological testing, turbidity, 33 residual chlorine and radionuclides are to be provided to the 34 Agency in accordance with Section 19. Owners of water HB5557 Engrossed -47- LRB9212249LBpr 1 supplies may enter into agreements with the Agency to provide 2 for reduced Agency participation in sample analyses. 3 (q) The Agency shall have the authority to provide 4 notice to any person who may be liable pursuant to Section 5 22.2(f) of this Act for a release or a substantial threat of 6 a release of a hazardous substance or pesticide. Such notice 7 shall include the identified response action and an 8 opportunity for such person to perform the response action. 9 (r) The Agency may enter into written delegation 10 agreements with any unit of local government under which it 11 may delegate all or portions of its inspecting, investigating 12 and enforcement functions. Such delegation agreements shall 13 require that work performed thereunder be in accordance with 14 Agency criteria and subject to Agency review. 15 Notwithstanding any other provision of law to the contrary, 16 no unit of local government shall be liable for any injury 17 resulting from the exercise of its authority pursuant to such 18 a delegation agreement unless the injury is proximately 19 caused by the willful and wanton negligence of an agent or 20 employee of the unit of local government, and any policy of 21 insurance coverage issued to a unit of local government may 22 provide for the denial of liability and the nonpayment of 23 claims based upon injuries for which the unit of local 24 government is not liable pursuant to this subsection (r). 25 (s) The Agency shall have authority to take whatever 26 preventive or corrective action is necessary or appropriate, 27 including but not limited to expenditure of monies 28 appropriated from the Build Illinois Bond Fund and the Build 29 Illinois Purposes Fund for removal or remedial action, 30 whenever any hazardous substance or pesticide is released or 31 there is a substantial threat of such a release into the 32 environment. The State, the Director, and any State employee 33 shall be indemnified for any damages or injury arising out of 34 or resulting from any action taken under this subsection. HB5557 Engrossed -48- LRB9212249LBpr 1 The Director of the Agency is authorized to enter into such 2 contracts and agreements as are necessary to carry out the 3 Agency's duties under this subsection. 4 (t) The Agency shall have authority to distribute 5 grants, subject to appropriation by the General Assembly, for 6 financing and construction of municipal wastewater 7 facilities. With respect to all monies appropriated from the 8 Build Illinois Bond Fund and the Build Illinois Purposes Fund 9 for wastewater facility grants, the Agency shall make 10 distributions in conformity with the rules and regulations 11 established pursuant to the Anti-Pollution Bond Act, as now 12 or hereafter amended. 13 (u) Pursuant to the Illinois Administrative Procedure 14 Act, the Agency shall have the authority to adopt such rules 15 as are necessary or appropriate for the Agency to implement 16 Section 31.1 of this Act. 17 (v) (Blank.) 18 (w) Neither the State, nor the Director, nor the Board, 19 nor any State employee shall be liable for any damages or 20 injury arising out of or resulting from any action taken 21 under subsection (s)or subsection (v). 22 (x)(1) The Agency shall have authority to distribute 23 grants, subject to appropriation by the General Assembly, to 24 units of local government for financing and construction of 25 public water supply facilities. With respect to all monies 26 appropriated from the Build Illinois Bond Fund or the Build 27 Illinois Purposes Fund for public water supply grants, such 28 grants shall be made in accordance with rules promulgated by 29 the Agency. Such rules shall include a requirement for a 30 local match of 30% of the total project cost for projects 31 funded through such grants. 32 (2) The Agency shall not terminate a grant to a unit of 33 local government for the financing and construction of public 34 water supply facilities unless and until the Agency adopts HB5557 Engrossed -49- LRB9212249LBpr 1 rules that set forth precise and complete standards, pursuant 2 to Section 5-20 of the Illinois Administrative Procedure Act, 3 for the termination of such grants. The Agency shall not 4 make determinations on whether specific grant conditions are 5 necessary to ensure the integrity of a project or on whether 6 subagreements shall be awarded, with respect to grants for 7 the financing and construction of public water supply 8 facilities, unless and until the Agency adopts rules that set 9 forth precise and complete standards, pursuant to Section 10 5-20 of the Illinois Administrative Procedure Act, for making 11 such determinations. The Agency shall not issue a stop-work 12 order in relation to such grants unless and until the Agency 13 adopts precise and complete standards, pursuant to Section 14 5-20 of the Illinois Administrative Procedure Act, for 15 determining whether to issue a stop-work order. 16 (y) The Agency shall have authority to release any 17 person from further responsibility for preventive or 18 corrective action under this Act following successful 19 completion of preventive or corrective action undertaken by 20 such person upon written request by the person. 21 (Source: P.A. 91-25, eff. 6-9-99.) 22 (415 ILCS 5/5) (from Ch. 111 1/2, par. 1005) 23 Sec. 5. Pollution Control Board. 24 (a) There is hereby created an independent board to be 25 known as the Pollution Control Board, consisting of 7 26 technically qualified members, no more than 4 of whom may be 27 of the same political party, to be appointed by the Governor 28 with the advice and consent of the Senate.One of the members29of the Board first appointed shall be appointed for an30initial term expiring July 1, 1971; two members shall be31appointed for initial terms expiring July 1, 1972; two32members shall be appointed for initial terms expiring July 1,331973; and the two members appointed pursuant to thisHB5557 Engrossed -50- LRB9212249LBpr 1amendatory Act of 1983 shall be appointed for initial terms2expiring on July 1, 1986.3Notwithstanding any provision of this Section to the4contrary, the term of office of each member of the Board is5abolished on the effective date of this amendatory Act of61985, but the incumbent members shall continue to exercise7all of the powers and be subject to all of the duties of8members of the Board until their respective successors are9appointed and qualified. Thereafter, 3 members of the Board10shall be appointed to initial terms expiring July 1, 1986; 211members of the Board shall be appointed to initial terms12expiring July 1, 1987; and 2 members of the Board shall be13appointed to initial terms expiring July 1, 1988.14 All memberssuccessorsshall hold office for 3three15 years from the first day of July in the year in which they 16 were appointed, except in case of an appointment to fill a 17 vacancy. In case of a vacancy in the office when the Senate 18 is not in session, the Governor may make a temporary 19 appointment until the next meeting of the Senate, when he or 20 she shall nominate some person to fill such office; and any 21 person so nominated, who is confirmed by the Senate, shall 22 hold thehisoffice during the remainder of the term.If the23Senate is not in session at the time this Act takes effect,24the Governor shall make temporary appointments as in case of25vacancies.26 Members of the Board shall hold office until their 27 respective successors have been appointed and qualified. Any 28 member may resign fromhisoffice, such resignation to take 29 effect when ahissuccessor has been appointed and has 30 qualified. 31 Board members shall be paid$30,000 per year until July321, 1979; $33,000 from July 1, 1979 to July 1, 1980; $34,90033from July 1, 1980 to July 1, 1981; and$37,000 per year 34thereafter,or an amount set by the Compensation Review HB5557 Engrossed -51- LRB9212249LBpr 1 Board, whichever is greater, and the Chairman shall be paid 2$35,000 per year until July 1, 1979; $38,500 from July 1,31979 to July 1, 1980; $40,800 from July 1, 1980 to July 1,41981 and$43,000 per yearthereafter,or an amount set by the 5 Compensation Review Board, whichever is greater. Each member 6 shall be reimbursed for expenses necessarily incurred, shall 7 devote full time to the performance of his or her duties and 8 shall make a financial disclosure upon appointment. Each 9 Board member may employ one secretary and one assistant, and 10 the Chairman one secretary and 2twoassistants. The Board 11 also may employ and compensate hearing officers to preside at 12 hearings under this Act, and such other personnel as may be 13 necessary. Hearing officers shall be attorneys licensed to 14 practice law in Illinois. 15 The Governor shall designate one Board member to be 16 Chairman, who shall serve at the pleasure of the Governor. 17 The Board shall hold at least one meeting each month and 18 such additional meetings as may be prescribed by Board rules. 19 In addition, special meetings may be called by the Chairman 20 or by any 2twoBoard members, upon delivery of 24 hours 21 written notice to the office of each member. All Board 22 meetings shall be open to the public, and public notice of 23 all meetings shall be given at least 24 hours in advance of 24 each meeting. In emergency situations in which a majority of 25 the Board certifies that exigencies of time require the 26 requirements of public notice and of 24 hour written notice 27 to members may be dispensed with, and Board members shall 28 receive such notice as is reasonable under the circumstances. 29 Four members of the Board shall constitute a quorum, and 30 4 votes shall be required for any final determination by the 31 Board, except in a proceeding to remove a seal under 32 paragraph (d) of Section 34 of this Act. The Board shall 33 keep a complete and accurate record of all its meetings. 34 (b) The Board shall determine, define and implement the HB5557 Engrossed -52- LRB9212249LBpr 1 environmental control standards applicable in the State of 2 Illinois and may adopt rules and regulations in accordance 3 with Title VII of this Act. 4 (c) The Board shall have authority to act for the State 5 in regard to the adoption of standards for submission to the 6 United States under any federal law respecting environmental 7 protection. Such standards shall be adopted in accordance 8 with Title VII of the Act and upon adoption shall be 9 forwarded to the Environmental Protection Agency for 10 submission to the United States pursuant to subsections (l) 11 and (m) of Section 4 of this Act. Nothing in this paragraph 12 shall limit the discretion of the Governor to delegate 13 authority granted to the Governorhimunder any federal law. 14 (d) The Board shall have authority to conduct 15 proceedingshearingsupon complaints charging violations of 16 this Act, any rule or regulation adopted under this Act, or 17 any permit or term or condition of a permit; upon 18 administrative citationsor of regulations thereunder; upon 19 petitions for variances or adjusted standards; upon petitions 20 for review of the Agency's final determinations ondenial of21apermit applications in accordance with Title X of this Act; 22 upon petitionspetitionto remove sealsa sealunder Section 23 34 of this Act; and upon other petitions for review of final 24 determinations which are made pursuant to thistheAct or 25 Board rule and which involve a subject which the Board is 26 authorized to regulate. The Board may also conduct; and such27 other proceedingshearingsas may be provided by this Act or 28 any other statute or rule. 29 (e) In connection with any proceedinghearingpursuant 30 to subsectionsubsections(b) or (d) of this Section, the 31 Board may subpoena and compel the attendance of witnesses and 32 the production of evidence reasonably necessary to resolution 33 of the matter under consideration. The Board shall issue 34 such subpoenas upon the request of any party to a proceeding HB5557 Engrossed -53- LRB9212249LBpr 1 under subsection (d) of this Section or upon its own motion. 2 (f) The Board may prescribe reasonable fees for permits 3 required pursuant to this Act. Such fees in the aggregate 4 may not exceed the total cost to the Agency for its 5 inspection and permit systems. The Board may not prescribe 6 any permit fees which are different in amount from those 7 established by this Act. 8 (Source: P.A. 84-1308.) 9 (415 ILCS 5/7) (from Ch. 111 1/2, par. 1007) 10 Sec. 7. Public inspection; fees. 11 (a) All files, records, and data of the Agency, the 12 Board, and the Department shall be open to reasonable public 13 inspection and may be copied upon payment of reasonable fees 14 to be established where appropriate by the Agency, the Board, 15 or the Department, except for the following: 16 (i) information which constitutes a trade secret; 17 (ii) information privileged against introduction in 18 judicial proceedings; 19 (iii) internal communications of the several 20 agencies; 21 (iv) information concerning secret manufacturing 22 processes or confidential data submitted by any person 23 under this Act. 24 (b) Notwithstanding subsection (a) above, as to 25 information from or concerning persons subject to NPDES 26 permit requirements: 27 (i) effluent data may under no circumstances be 28 kept confidential; and 29 (ii) the Agency, the Board, and the Department may 30 make available to the public for inspection and copying 31 any required records, reports, information, permits, and 32 permit applications obtained from contaminant sources 33 subject to the provisions of Section 12 (f) of this Act; HB5557 Engrossed -54- LRB9212249LBpr 1 provided that upon a showing satisfactory to the Agency, 2 the Board or the Department, as the case may be, by any 3 person that such information, or any part thereof (other 4 than effluent data) would, if made public, divulge 5 methods or processes entitled to protection as trade 6 secrets of such person, the Agency, the Board, or the 7 Department, as the case may be, shall treat such 8 information as confidential. 9 (c) Notwithstanding any other provision of this Title or 10 any other law to the contrary, all emission data reported to 11 or otherwise obtained by the Agency, the Board or the 12 Department in connection with any examination, inspection or 13 proceeding under this Act shall be available to the public to 14 the extent required by the federal Clean Air Act,Amendments15of 1977 (P.L. 95-95)as amended. 16 (d) Notwithstanding subsection (a) above, the quantity 17 and identity of substances being placed or to be placed in 18 landfills or hazardous waste treatment, storage or disposal 19 facilities, and the name of the generator of such substances 20 may under no circumstances be kept confidential. 21 (e) Notwithstanding any other provisions of this Title, 22 or any other law to the contrary, any information accorded 23 confidential treatment may be disclosed or transmitted to 24 other officers, employees or authorized representatives of 25 this State or of the United States concerned with or for the 26 purposes of carrying out this Act or federal environmental 27 statutes and regulations; provided, however, that such 28 information shall be identified as confidential by the 29 Agency, the Board, or the Department, as the case may be. 30 Any confidential information disclosed or transmitted under 31 this provision shall be used for the purposes stated herein. 32 (f) Except as provided in this Act neither the Agency, 33 the Board, nor the Department shall charge any fee for the 34 performance of its respective duties under this Act. HB5557 Engrossed -55- LRB9212249LBpr 1 (g) All files, records and data of the Agency, the Board 2 and the Department shall be made available to the Department 3 of Public Health pursuant to the Illinois Health and 4 Hazardous Substances Registry Act. Expenses incurred in the 5 copying and transmittal of files, records and data requested 6 pursuant to this subsection (g) shall be the responsibility 7 of the Department of Public Health. 8 (Source: P.A. 85-1331.) 9 (415 ILCS 5/9.2) (from Ch. 111 1/2, par. 1009.2) 10 Sec. 9.2. Sulfur dioxide emission standards. 11 (a) (Blank.)The Agency shall review all Illinois sulfur12dioxide emission standards for existing fuel combustion13stationary emission sources located within the Chicago, St.14Louis (Illinois), and Peoria major metropolitan areas and, if15appropriate following such review, propose amendments to such16standards to the Board by July 1, 1980, or within 90 days of17receipt of the initial reports required pursuant to Section186.1 of this Act, whichever is later. The standards proposed19by the Agency shall be designed to enhance the use of20Illinois coal, consistent with the need to attain and21maintain the National Ambient Air Quality Standards for22sulfur dioxide and particulate matter.23 (b) In granting any alternative emission standard or 24 variance relating to sulfur dioxide emissions from a 25 coal-burning stationary source, the Board may require the use 26 of Illinois coal as a condition of such alternative standard 27 or variance, provided that the Board determines that Illinois 28 coal of the proper quality is available and competitive in 29 price; such determination shall include consideration of the 30 cost of pollution control equipment and the economic impact 31 on the Illinois coal mining industry. 32 (Source: P.A. 84-585.) HB5557 Engrossed -56- LRB9212249LBpr 1 (415 ILCS 5/9.3) (from Ch. 111 1/2, par. 1009.3) 2 Sec. 9.3. Alternative control strategies. 3 (a) The General Assembly finds that control strategies, 4 including emission limitations, alternative but 5 environmentally equivalent to those required by Board 6 regulations or the terms of this Act, can assure equivalent 7 protection of the environment and that the use of such 8 alternative control strategies can encourage technological 9 innovation, reduce the likelihood of shutdown of older 10 sources, and can result in decreased costs of compliance and 11 increased availability of resources for use in productive 12 capital investments. 13 (b) (Blank.)Within 120 days after the effective date of14this amendatory Act of 1981, the Board shall adopt interim15rules pursuant to the Illinois Administrative Procedure Act16for the standards of issuance of permits to sources under17Section 39.1, provided, that processing of permits under18Section 39.1 is of vital benefit to the State, and may19proceed immediately upon the effective date of this20amendatory Act of 1981. Such interim rules shall be in21effect until the effective date of Board regulations22promulgated pursuant to subsection (c), below.23 (c) On or before December 31, 1982, the Board shall 24 adopt regulations establishing a permit program pursuant to 25 Section 39.1 in accordance with Title VII of this Act. 26 (d) Board rules pursuant to this Section 9.3 shall set 27 forth reasonable requirements for issuance of an alternative 28 control strategy permit, provided that the Board may not 29 impose any condition or requirement more stringent than 30 required by the Clean Air Act or for compliance with this Act 31 or other Board regulations thereunder. The Agency shall 32 promptly adopt any necessary procedures for the 33 administration of such permit programs. The burden of 34 establishing that any procedure, condition or requirement HB5557 Engrossed -57- LRB9212249LBpr 1 imposed by the Agency in or for the issuance of a permit is 2 more stringent than required by applicable law shall be upon 3 the permit applicant. 4 (Source: P.A. 88-45.) 5 (415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4) 6 Sec. 9.4. Municipal waste incineration emission 7 standards. 8 (a) The General Assembly finds: 9 (1) That air pollution from municipal waste 10 incineration may constitute a threat to public health, 11 welfare and the environment. The amounts and kinds of 12 pollutants depend on the nature of the waste stream, 13 operating conditions of the incinerator, and the 14 effectiveness of emission controls. Under normal 15 operating conditions, municipal waste incinerators 16 produce pollutants such as organic compounds, metallic 17 compounds and acid gases which may be a threat to public 18 health, welfare and the environment. 19 (2) That a combustion and flue-gas control system, 20 which is properly designed, operated and maintained, can 21 substantially reduce the emissions of organic materials, 22 metallic compounds and acid gases from municipal waste 23 incineration. 24 (b) It is the purpose of this Section to insure that 25 emissions from new municipal waste incineration facilities 26 which burn a total of 25 tons or more of municipal waste per 27 day are adequately controlled. 28 Such facilities shall be subject to emissions limits and 29 operating standards based upon the application of Best 30 Available Control Technology, as determined by the Agency, 31 for emissions of the following categories of pollutants: 32 (1) particulate matter, sulfur dioxide and nitrogen 33 oxides; HB5557 Engrossed -58- LRB9212249LBpr 1 (2) acid gases; 2 (3) heavy metals; and 3 (4) organic materials. 4 (c) The Agency shall issue permits, pursuant to Section 5 39, to new municipal waste incineration facilities only if 6 the Agency finds that such facilities are designed, 7 constructed and operated so as to comply with the 8 requirements prescribed by this Section. 9 Prior to adoption of Board regulations under subsection 10 (d) of this Section the Agency may issue permits for the 11 construction of new municipal waste incineration facilities. 12 The Agency determination of Best Available Control Technology 13 shall be based upon consideration of the specific pollutants 14 named in subsection (d), and emissions of particulate matter, 15 sulfur dioxide and nitrogen oxides. 16 Nothing in this Section shall limit the applicability of 17 any other Sections of this Act, or of other standards or 18 regulations adopted by the Board, to municipal waste 19 incineration facilities. In issuing such permits, the Agency 20 may prescribe those conditions necessary to assure continuing 21 compliance with the emission limits and operating standards 22 determined pursuant to subsection (b); such conditions may 23 include the monitoring and reporting of emissions. 24 (d) Within one year after July 1, 1986the effective25date of this amendatory Act of 1985, the Board shall adopt 26 regulations pursuant to Title VII of this Act, which define 27 the terms in items (2), (3) and (4) of subsection (b) of this 28 Section which are to be used by the Agency in making its 29 determination pursuant to this Section. The provisions of 30 Section 27(b) of this Act shall not apply to this rulemaking. 31 Such regulations shall be written so that the categories 32 of pollutants include, but need not be limited to, the 33 following specific pollutants: 34 (1) hydrogen chloride in the definition of acid HB5557 Engrossed -59- LRB9212249LBpr 1 gases; 2 (2) arsenic, cadmium, mercury, chromium, nickel and 3 lead in the definition of heavy metals; and 4 (3) polychlorinated dibenzo-p-dioxins, 5 polychlorinated dibenzofurans and polynuclear aromatic 6 hydrocarbons in the definition of organic materials. 7 (e) For the purposes of this Section, the term "Best 8 Available Control Technology" means an emission limitation 9 (including a visible emission standard) based on the maximum 10 degree of pollutant reduction which the Agency, on a 11 case-by-case basis, taking into account energy, environmental 12 and economic impacts, determines is achievable through the 13 application of production processes or available methods, 14 systems and techniques, including fuel cleaning or treatment 15 or innovative fuel combustion techniques. If the Agency 16 determines that technological or economic limitations on the 17 application of measurement methodology to a particular class 18 of sources would make the imposition of an emission standard 19 not feasible, it may instead prescribe a design, equipment, 20 work practice or operational standard, or combination 21 thereof, to require the application of best available control 22 technology. Such standard shall, to the degree possible, set 23 forth the emission reduction achievable by implementation of 24 such design, equipment, work practice or operation and shall 25 provide for compliance by means which achieve equivalent 26 results. 27 (f) "Municipal waste incineration" means the burning of 28 municipal waste or fuel derived therefrom in a combustion 29 apparatus designed to burn municipal waste that may produce 30 electricity or steam as a by-product. A "new municipal waste 31 incinerator" is an incinerator initially permitted for 32 development or construction after January 1, 1986. 33 (g) The provisions of this Section shall not apply to 34 industrial incineration facilities that burn waste generated HB5557 Engrossed -60- LRB9212249LBpr 1 at the same site. 2 (Source: P.A. 91-357, eff. 7-29-99.) 3 (415 ILCS 5/12) (from Ch. 111 1/2, par. 1012) 4 Sec. 12. Actions prohibited. No person shall: 5 (a) Cause or threaten or allow the discharge of any 6 contaminants into the environment in any State so as to cause 7 or tend to cause water pollution in Illinois, either alone or 8 in combination with matter from other sources, or so as to 9 violate regulations or standards adopted by the Pollution 10 Control Board under this Act. 11 (b) Construct, install, or operate any equipment, 12 facility, vessel, or aircraft capable of causing or 13 contributing to water pollution, or designed to prevent water 14 pollution, of any type designated by Board regulations, 15 without a permit granted by the Agency, or in violation of 16 any conditions imposed by such permit. 17 (c) Increase the quantity or strength of any discharge 18 of contaminants into the waters, or construct or install any 19 sewer or sewage treatment facility or any new outlet for 20 contaminants into the waters of this State, without a permit 21 granted by the Agency. 22 (d) Deposit any contaminants upon the land in such place 23 and manner so as to create a water pollution hazard. 24 (e) Sell, offer, or use any article in any area in which 25 the Board has by regulation forbidden its sale, offer, or use 26 for reasons of water pollution control. 27 (f) Cause, threaten or allow the discharge of any 28 contaminant into the waters of the State, as defined herein, 29 including but not limited to, waters to any sewage works, or 30 into any well or from any point source within the State, 31 without an NPDES permit for point source discharges issued by 32 the Agency under Section 39(b) of this Act, or in violation 33 of any term or condition imposed by such permit, or in HB5557 Engrossed -61- LRB9212249LBpr 1 violation of any NPDES permit filing requirement established 2 under Section 39(b), or in violation of any regulations 3 adopted by the Board or of any order adopted by the Board 4 with respect to the NPDES program. 5 No permit shall be required under this subsection and 6 under Section 39(b) of this Act for any discharge for which a 7 permit is not required under the Federal Water Pollution 8 Control Act, as now or hereafter amended, and regulations 9 pursuant thereto. 10 For all purposes of this Act, a permit issued by the 11 Administrator of the United States Environmental Protection 12 Agency under Section 402 of the Federal Water Pollution 13 Control Act, as now or hereafter amended, shall be deemed to 14 be a permit issued by the Agency pursuant to Section 39(b) of 15 this Act. However, this shall not apply to the exclusion 16 from the requirement of an operating permit provided under 17 Section 13(b)(i). 18 Compliance with the terms and conditions of any permit 19 issued under Section 39(b) of this Act shall be deemed 20 compliance with this subsection except that it shall not be 21 deemed compliance with any standard or effluent limitation 22 imposed for a toxic pollutant injurious to human health. 23 In any case where a permit has been timely applied for 24 pursuant to Section 39(b) of this Act but final 25 administrative disposition of such application has not been 26 made, it shall not be a violation of this subsection to 27 discharge without such permit unless the complainant proves 28 that final administrative disposition has not been made 29 because of the failure of the applicant to furnish 30 information reasonably required or requested in order to 31 process the application.For purposes of this provision,32until implementing requirements have been established by the33Board and the Agency, all applications deemed filed with the34Administrator of the United States Environmental ProtectionHB5557 Engrossed -62- LRB9212249LBpr 1Agency pursuant to the provisions of the Federal Water2Pollution Control Act, as now or hereafter amended, shall be3deemed filed with the Agency.4 (g) Cause, threaten or allow the underground injection 5 of contaminants without a UIC permit issued by the Agency 6 under Section 39(d) of this Act, or in violation of any term 7 or condition imposed by such permit, or in violation of any 8 regulations or standards adopted by the Board or of any order 9 adopted by the Board with respect to the UIC program. 10 No permit shall be required under this subsection and 11 under Section 39(d) of this Act for any underground injection 12 of contaminants for which a permit is not required under Part 13 C of the Safe Drinking Water Act (P.L. 93-523), as amended, 14 unless a permit is authorized or required under regulations 15 adopted by the Board pursuant to Section 13 of this Act. 16 (h) Introduce contaminants into a sewage works from any 17 nondomestic source except in compliance with the regulations 18 and standards adopted by the Board under this Act. 19 (Source: P.A. 86-671.) 20 (415 ILCS 5/13.1) (from Ch. 111 1/2, par. 1013.1) 21 Sec. 13.1. Groundwater monitoring network. 22 (a) (Blank.)The Department, in cooperation with the23Environmental Protection Agency and the Department of Public24Health, shall complete a study of groundwater quality in25Illinois. Such study, at a minimum, shall include a26compilation of currently available data on groundwater27quality and a limited amount of taking of new water samples28from existing wells to fill in major data gaps to provide a29preliminary assessment of current levels of contamination of30the groundwaters in the State by hazardous substances, and an31identification of the location of critical underground32resources such as recharge zones and high water tables. Such33study shall give priority to the assessment of groundwaterHB5557 Engrossed -63- LRB9212249LBpr 1quality near hazardous waste facilities and shall include2recommendations on priorities for future studies and research3necessary to administer a groundwater protection program.4The Agency and the Department of Public Health and any other5State agency shall provide to the Department any information6relating to groundwater quality necessary to complete the7study. The Department shall complete its study by July 1,81985 and shall report its findings to the Pollution Control9Board, the Agency, the General Assembly and the Governor.10 (b) The Agency shall establish a Statewide groundwater 11 monitoring network. Such network shall include a sufficient 12 number of testing wells to assess the current levels of 13 contamination in the groundwaters of the State and to detect 14 any future degradation of groundwater resources. The 15 monitoring network shall give special emphasis to critical 16 groundwater areas and to locations near hazardous waste 17 disposal facilities. To the extent possible, the network 18 shall utilize existing publicly or privately operated 19 drinking water or monitoring wells. 20 (c) (Blank.)By January 1, 1986, the Agency shall21formulate a groundwater protection plan. Such plan shall22identify critical groundwaters that have been or are23particularly susceptible to contamination by hazardous24substances and probable sources of such contamination, and25shall recommend the steps to be taken to prevent the26degradation of the water quality of such areas. Such plan27may also recommend the establishment of a system of28classifying groundwaters based on their quality and use and29for the establishment of groundwater quality standards. The30Agency shall hold at least 3 public hearings, each at a31different location within the State, before finalizing the32plan. By January 1, 1986, the Agency shall report on its33plan to the Governor, the General Assembly and the Pollution34Control Board, along with recommendations for anyHB5557 Engrossed -64- LRB9212249LBpr 1legislation, regulations or administrative changes necessary2to implement the groundwater protection plan.3 (d) (Blank.)Following the completion of the groundwater4quality study and the groundwater protection plan, the5Pollution Control Board shall conduct public hearings on the6results and recommendations as provided in Title VII of this7Act. Upon conclusion of such hearings, the Board shall8publish its findings and conclusions on the areas covered by9the study and the plan and the testimony received.10 (Source: P.A. 89-445, eff. 2-7-96.) 11 (415 ILCS 5/14.1) (from Ch. 111 1/2, par. 1014.1) 12 Sec. 14.1. Community water supply; minimum setback zone. 13 A minimum setback zone is established for the location of 14 each new community water supply well as follows: 15 (a) No new community water supply well may be located 16 within 200 feet of any potential primary or potential 17 secondary source or any potential route. 18 (b) No new community water supply well deriving water 19 from fractured or highly permeable bedrock or from an 20 unconsolidated and unconfined sand and gravel formation may 21 be located within 400 feet of any potential primary or 22 potential secondary source or any potential route. Such 400 23 foot setback is not applicable to any new community water 24 supply well where the potential primary or potential 25 secondary source is located within a site for which 26 certification is currently in effect pursuant to Section 27 14.5. 28 (c) Nothing in this Section shall affect any location 29 and construction requirement imposed in Section 6 of the 30 "Illinois Water Well Construction Code", approved August 20, 31 1965, as amended, and the regulations promulgated thereunder. 32 (d) For the purposes of this Section, a community water 33 supply well is "new" if it is constructed after September 24, HB5557 Engrossed -65- LRB9212249LBpr 1 1987the effective date of this Section. 2 (e) Nothing in this Section shall affect the minimum 3 distance requirements for new community water supply wells 4 relative to common sources of sanitary pollution as specified 5 by rules adopted under Section 17 of this Act. 6 (Source: P.A. 85-863.) 7 (415 ILCS 5/14.2) (from Ch. 111 1/2, par. 1014.2) 8 Sec. 14.2. New potential source or route; minimum setback 9 zone. A minimum setback zone is established for the location 10 of each new potential source or new potential route as 11 follows: 12 (a) Except as provided in subsections (b), (c) and (h) 13 of this Section, no new potential route or potential primary 14 source or potential secondary source may be placed within 200 15 feet of any existing or permitted community water supply well 16 or other potable water supply well. 17 (b) The owner of a new potential primary source or a 18 potential secondary source or a potential route may secure a 19 waiver from the requirement of subsection (a) of this Section 20 for a potable water supply well other than a community water 21 supply well. A written request for a waiver shall be made to 22 the owner of the water well and the Agency. Such request 23 shall identify the new or proposed potential source or 24 potential route, shall generally describe the possible effect 25 of such potential source or potential route upon the water 26 well and any applicable technology-based controls which will 27 be utilized to minimize the potential for contamination, and 28 shall state whether, and under what conditions, the requestor 29 will provide an alternative potable water supply. Waiver may 30 be granted by the owner of the water well no less than 90 31 days after receipt of the request unless prior to such time 32 the Agency notifies the well owner that it does not concur 33 with the request. HB5557 Engrossed -66- LRB9212249LBpr 1 The Agency shall not concur with any such request which 2 fails to accurately describe reasonably foreseeable effects 3 of the potential source or potential route upon the water 4 well or any applicable technology-based controls. Such 5 notification by the Agency shall be in writing, and shall 6 include a statement of reasons for the nonconcurrence. Waiver 7 of the minimum setback zone established under subsection (a) 8 of this Section shall extinguish the water well owner's 9 rights under Section 6b of the Illinois Water Well 10 Construction Code but shall not preclude enforcement of any 11 law regarding water pollution. If the owner of the water 12 well has not granted a waiver within 120 days after receipt 13 of the request or the Agency has notified the owner that it 14 does not concur with the request, the owner of a potential 15 source or potential route may file a petition for an 16 exception with the Board and the Agency pursuant to 17 subsection (c) of this Section. 18 No waiver under this Section is required where the 19 potable water supply well is part of a private water system 20 as defined in the Illinois Groundwater Protection Act, and 21 the owner of such well will also be the owner of a new 22 potential secondary source or a potential route. In such 23 instances, a prohibition of 75 feet shall apply and the owner 24 shall notify the Agency of the intended action so that the 25 Agency may provide information regarding the potential 26 hazards associated with location of a potential secondary 27 source or potential route in close proximity to a potable 28 water supply well. 29 (c) The Board may grant an exception from the setback 30 requirements of this Section and subsection (e) of Section 31 14.3 to the owner of a new potential route, a new potential 32 primary source other than landfilling or land treating, or a 33 new potential secondary source. The owner seeking an 34 exception with respect to a community water supply well shall HB5557 Engrossed -67- LRB9212249LBpr 1 file a petition with the Board and the Agency. The owner 2 seeking an exception with respect to a potable water supply 3 well other than a community water supply well shall file a 4 petition with the Board and the Agency, and set forth therein 5 the circumstances under which a waiver has been sought but 6 not obtained pursuant to subsection (b) of this Section. A 7 petition shall be accompanied by proof that the owner of each 8 potable water supply well for which setback requirements 9 would be affected by the requested exception has been 10 notified and been provided with a copy of the petition. A 11 petition shall set forth such facts as may be required to 12 support an exception, including a general description of the 13 potential impacts of such potential source or potential route 14 upon groundwaters and the affected water well, and an 15 explanation of the applicable technology-based controls which 16 will be utilized to minimize the potential for contamination 17 of the potable water supply well. 18 The Board shall grant an exception, whenever it is found 19 upon presentation of adequate proof, that compliance with the 20 setback requirements of this Section would pose an arbitrary 21 and unreasonable hardship upon the petitioner, that the 22 petitioner will utilize the best available technology 23 controls economically achievable to minimize the likelihood 24 of contamination of the potable water supply well, that the 25 maximum feasible alternative setback will be utilized, and 26 that the location of such potential source or potential route 27 will not constitute a significant hazard to the potable water 28 supply well. 29Not later than January 1, 1988,The Board shall adopt 30 procedural rules governing requests for exceptions under this 31 subsection. The rulemaking provisions of Title VII of this 32 Act and of Section 5-35 of the Illinois Administrative 33 Procedure Act shall not apply to such rules. A decision made 34 by the Board pursuant to this subsection shall constitute a HB5557 Engrossed -68- LRB9212249LBpr 1 final determination. 2 The granting of an exception by the Board shall not 3 extinguish the water well owner's rights under Section 6b of 4 the Illinois Water Well Construction Code in instances where 5 the owner has elected not to provide a waiver pursuant to 6 subsection (b) of this Section. 7 (d) Except as provided in subsections (c) and (h) of 8 this Section and Section 14.5, no new potential route or 9 potential primary source or potential secondary source may be 10 placed within 400 feet of any existing or permitted community 11 water supply well deriving water from an unconfined shallow 12 fractured or highly permeable bedrock formation or from an 13 unconsolidated and unconfined sand and gravel formation. The 14 Agency shall notify, not later than January 1, 1988,the 15 owner and operator of eachexistingwell which is afforded 16 this setback protection and shall maintain a directory of all 17 community water supply wells to which the 400 foot minimum 18 setback zone applies. 19 (e) The minimum setback zones established under 20 subsections (a) and (b) of this Section shall not apply to 21 new common sources of sanitary pollution as specified 22 pursuant to Section 17 and the regulations adopted thereunder 23 by the Agency; however, no such common sources may be located 24 within the applicable minimum distance from a community water 25 supply well specified by such regulations. 26 (f) Nothing in this Section shall be construed as 27 limiting the power of any county or municipality to adopt 28 ordinances which are consistent with but not more stringent 29 than the prohibitions herein. 30 (g) Nothing in this Section shall preclude any 31 arrangement under which the owner or operator of a new source 32 or route does the following: 33 (1) purchases an existing water supply well and 34 attendant property with the intent of eventually HB5557 Engrossed -69- LRB9212249LBpr 1 abandoning or totally removing the well; 2 (2) replaces an existing water supply well with a 3 new water supply of substantially equivalent quality and 4 quantity as a precondition to locating or constructing 5 such source or route; 6 (3) implements any other arrangement which is 7 mutually agreeable with the owner of a water supply well; 8 or 9 (4) modifies the on-site storage capacity at an 10 agrichemical facility such that the volume of pesticide 11 storage does not exceed 125% of the available capacity in 12 existence on April 1, 1990, or the volume of fertilizer 13 storage does not exceed 150% of the available capacity in 14 existence on April 1, 1990; provided that a written 15 endorsement for an agrichemical facility permit is in 16 effect under Section 39.4 of this Act and the maximum 17 feasible setback is maintained. This on-site storage 18 capacity includes mini-bulk pesticides, package 19 agrichemical storage areas, liquid or dry fertilizers, 20 and liquid or dry pesticides. 21 (h) A new potential route, which is an excavation for 22 stone, sand or gravel and which becomes active on lands which 23 were acquired or were being held as mineral reserves prior to 24 September 24, 1987, shall only be subject to the setback 25 requirements of subsections (a) and (d) of this Section with 26 respect to any community water supply well, non-community 27 water system well, or semi-private water system well in 28 existence prior to January 1, 1988. 29 (Source: P.A. 90-14, eff. 7-1-97.) 30 (415 ILCS 5/14.3) (from Ch. 111 1/2, par. 1014.3) 31 Sec. 14.3. Community water supply; maximum setback zone. 32 A maximum setback zone may be established for a community 33 water supply well as follows: HB5557 Engrossed -70- LRB9212249LBpr 1 (a) Owners of community water supplies which utilize any 2 water well, or any county or municipality served by any 3 community water supply well, may determine the lateral area 4 of influence of the well under normal operational conditions. 5 The Agency shall adopt procedures by which such 6 determinations may be made including, where appropriate, 7 pumping tests and estimation techniques. 8 (b) Where the results of any determination made pursuant 9 to subsection (a) of this Section disclose that the distance 10 from the well to the outermost boundary of the lateral area 11 of influence of the well under normal operational conditions 12 exceeds the radius of the minimum setback zone established 13 for that well pursuant to Section 14.2, any county or 14 municipality served by such water supply may in writing 15 request the Agency to review and confirm the technical 16 adequacy of such determination. The Agency shall, within 90 17 days of the request, notify the county or municipality 18 whether the determination is technically adequate for 19 describing the outer boundary of drawdown of the affected 20 groundwater by the well under normal operational conditions. 21 Any action by the Agency hereunder shall be in writing and 22 shall constitute a final determination of the Agency. 23 (c) Upon receipt of Agency confirmation of the technical 24 adequacy of such determination, the county or municipality 25 may, after notice and opportunity for comment, adopt an 26 ordinance setting forth the location of each affected well 27 and specifying the boundaries of a maximum setback zone, 28 which boundaries may be irregular. In no event, however, 29 shall any portion of such a boundary be in excess of 1,000 30 feet from the wellhead, except as provided by subsection (f) 31 of this Section. Such ordinance shall include the area 32 within the applicable minimum setback zone and shall 33 incorporate requirements which are consistent with but not 34 more stringent than the prohibitions of this Act and the HB5557 Engrossed -71- LRB9212249LBpr 1 regulations promulgated by the Board under Section 14.4, 2 except as provided by subsection (f) of this Section. Upon 3 adoption, the county or municipality shall provide a copy of 4 the ordinance to the Agency. Any county or municipality 5 which fails to adopt such an ordinance within 2 years of 6 receipt of Agency confirmation of technical adequacy may not 7 proceed under the authority of this Section without obtaining 8 a new confirmation of the technical adequacy pursuant to 9 subsection (b) of this Section. 10 (d) After July 1, 1989, and upon written notice to the 11 county or municipality, the Agency may propose to the Board a 12 regulation establishing a maximum setback zone for any well 13 subject to this Section. Such proposal shall be based upon 14 all reasonably available hydrogeologic information, include 15 the justification for expanding the zone of wellhead 16 protection, and specify the boundaries of such zone, no 17 portion of which boundaries shall be in excess of 1,000 feet 18 from the wellhead. Such justification may include the need 19 to protect a sole source of public water supply or a highly 20 vulnerable source of groundwater, or an Agency finding that 21 the presence of potential primary or potential secondary 22 sources or potential routes represents a significant hazard 23 to the public health or the environment. The Agency may 24 proceed with the filing of such a proposal unless the county 25 or municipality, within 30 days of the receipt of the written 26 notice, files a written request for a conference with the 27 Agency. Upon receipt of such a request, the Agency shall 28 schedule a conference to be held within 90 days thereafter. 29 At the conference, the Agency shall inform the county or 30 municipality regarding the proposal. Within 30 days after 31 the conference, the affected unit of local government may 32 provide written notice to the Agency of its intent to 33 establish a maximum setback zone in lieu of the Agency acting 34 on a proposal. Upon receipt of such a notice of intent, the HB5557 Engrossed -72- LRB9212249LBpr 1 Agency may not file a proposal with the Board for a period of 2 6 months. Rulemaking proceedings initiated by the Agency 3 under this subsection shall be conducted by the Board 4 pursuant to Title VII of this Act, except that subsection (b) 5 of Section 27 shall not apply. 6 Nothing in this Section shall be construed as limiting 7 the general authority of the Board to promulgate regulations 8 pursuant to Title VII of this Act. Nothing in this 9 subsection shall limit the right of any person to participate 10 in rulemaking proceedings conducted by the Board under this 11 subsection. 12 (e) Except as provided in subsection (c) of Section 13 14.2, no new potential primary source shall be placed within 14 the maximum setback zone established for any community water 15 supply well pursuant to subsection (c) or (d) of this 16 Section. Nothing in this subsection shall be construed as 17 limiting the power of any county or municipality to adopt 18 ordinances which are consistent with but not more stringent 19 than the prohibition as stated herein. 20 (f) If an active community water supply well is 21 withdrawing groundwater from within the alluvial deposits and 22 is located within 1000 feet of public waters, the boundaries 23 of a maximum setback zone adopted by ordinance pursuant to 24 subsection (c) may be established to a distance of 2,500 feet 25 from the wellhead. No new potential route shall be placed, 26 operated or utilized within the maximum setback zone 27 established for any community water supply well pursuant to 28 this subsection. Restrictions provided in subsection (e) 29 shall not be applied beyond 1,000 feet from the wellhead for 30 maximum setback zones adopted pursuant to this subsection. 31 An ordinance which creates a maximum setback zone as 32 described by this subsection shall also be consistent with 33 subsections (a), (b) and (c) of this Section, including 34 incorporation of requirements which are consistent with but HB5557 Engrossed -73- LRB9212249LBpr 1 no more stringent than the prohibitions of thisamendatory2 Actof 1989. For purposes of this subsection, the term 3 "public waters" means public waters as defined in Section 18 4 of the Rivers, Lakes, and Streams Act"An Act in relation to5the regulation of the rivers, lakes and streams of the State6of Illinois", approved June 10, 1911, as now or hereafter 7 amended. 8 (Source: P.A. 86-125.) 9 (415 ILCS 5/14.4) (from Ch. 111 1/2, par. 1014.4) 10 Sec. 14.4. Groundwater rules. 11 (a) No later than January 1, 1989, the Agency, after 12 consultation with the Interagency Coordinating Committee on 13 Groundwater and the Groundwater Advisory Council, shall 14 propose regulations to the Board prescribing standards and 15 requirements for the following activities: 16 (1) landfilling, land treating, surface impounding 17 or piling of special waste and other wastes which could 18 cause contamination of groundwater and which are 19 generated on the site, other than hazardous, livestock 20 and landscape waste, and construction and demolition 21 debris; 22 (2) storage of special waste in an underground 23 storage tank for which federal regulatory requirements 24 for the protection of groundwater are not applicable; 25 (3) storage and related handling of pesticides and 26 fertilizers at a facility for the purpose of commercial 27 application; 28 (4) storage and related handling of road oils and 29 de-icing agents at a central location; and 30 (5) storage and related handling of pesticides and 31 fertilizers at a central location for the purpose of 32 distribution to retail sales outlets. 33 In preparing such regulation, the Agency shall provide as HB5557 Engrossed -74- LRB9212249LBpr 1 it deems necessary for more stringent provisions for those 2 activities enumerated in this subsection which are not 3 already in existence. Any activity for which such standards 4 and requirements are proposed may be referred to as a new 5 activity. For the purposes of this Section, the term 6 "commercial application" shall not include the use of 7 pesticides or fertilizers in a manner incidental to the 8 primary business activity. 9 (b) No later than October 1, 1993, the Board shall 10 promulgate appropriate regulations for existing activities. 11 In promulgating these regulations, the Board shall, in 12 addition to the factors set forth in Title VII of this Act, 13 consider the following: 14 (1) appropriate programs for water quality 15 monitoring; 16 (2) reporting, recordkeeping and remedial response 17 measures; 18 (3) appropriate technology-based measures for 19 pollution control; and 20 (4) requirements for closure or discontinuance of 21 operations. 22 Such regulations as are promulgated pursuant to this 23 subsection shall be for the express purpose of protecting 24 groundwaters. The applicability of such regulations shall be 25 limited to any existing activity which is located: 26 (A) within a setback zone regulated by this Act, 27 other than an activity located on the same site as a 28 non-community water system well and for which the owner 29 is the same for both the activity and the well; or 30 (B) within a regulated recharge area as delineated 31 by Board regulation, provided that: 32 (i) the boundary of the lateral area of 33 influence of a community water supply well located 34 within the recharge area includes such activity HB5557 Engrossed -75- LRB9212249LBpr 1 therein; 2 (ii) the distance from the wellhead of the 3 community water supply to the activity does not 4 exceed 2500 feet; and 5 (iii) the community water supply well was in 6 existence prior to January 1, 1988. 7 In addition, the Board shall ensure that the promulgated 8 regulations are consistent with and not pre-emptive of the 9 certification system provided by Section 14.5.Pursuant to10this amendatory Act of 1992,The Board shall modify the 11 regulations adopted under this subsection to provide an 12 exception for existing activities subject to Section 14.6. 13In taking this action, the Board shall proceed in an14expeditious manner to prevent affected activities from being15in noncompliance on or after January 1, 1993.16 (c) Concurrently with the action mandated by subsection 17 (a), the Agency shall evaluate, with respect to the 18 protection of groundwater, the adequacy of existing federal 19 and State regulations regarding the disposal of hazardous 20 waste and the offsite disposal of special and municipal 21 wastes. The Agency shall then propose, as it deems 22 necessary, additional regulations for such new disposal 23 activities as may be necessary to achieve a level of 24 groundwater protection that is consistent with the 25 regulations proposed under subsection (a) of this Section. 26 (d) Following receipt of proposed regulations submitted 27 by the Agency pursuant to subsection (a) of this Section, the 28 Board shall promulgate appropriate regulations for new 29 activities. In promulgating these regulations, the Board 30 shall, in addition to the factors set forth in Title VII of 31 this Act, consider the following: 32 (1) appropriate programs for water quality 33 monitoring, including, where appropriate, notification 34 limitations to trigger preventive response activities; HB5557 Engrossed -76- LRB9212249LBpr 1 (2) design practices and technology-based measures 2 appropriate for minimizing the potential for groundwater 3 contamination; 4 (3) reporting, recordkeeping and remedial response 5 measures; and 6 (4) requirements for closure or discontinuance of 7 operations. 8 Such regulations as are promulgated pursuant to this 9 subsection shall be for the express purpose of protecting 10 groundwaters. The applicability of such regulations shall be 11 limited to any new activity which is to be located within a 12 setback zone regulated by this Act, or which is to be located 13 within a regulated recharge area as delineated by Board 14 regulation. In addition, the Board shall ensure that the 15 promulgated regulations are consistent with and not 16 pre-emptive of the certification system provided by Section 17 14.5.Pursuant to this amendatory Act of 1992,The Board 18 shall modify the regulations adopted under this subsection to 19 provide an exception for new activities subject to Section 20 14.6.In taking this action, the Board shall proceed in an21expeditious manner to prevent affected activities from being22in noncompliance on or after January 1, 1993.23 (e) Nothing in this Section shall be construed as 24 prohibiting any person for whom regulations are promulgated 25 by the Board pursuant to subsection (b) or (c) of this 26 Section, from proposing and obtaining, concurrently with the 27 regulations proposed by the Agency pursuant to subsection (a) 28 of this Section, a rule specific to individual persons or 29 sites pursuant to Title VII of this Act which codifies 30 alternative groundwater protection methods that provide 31 substantially equivalent protection for community water 32 supplies. 33 (f) Nothing in this Section shall be construed as 34 limiting the power of any county or municipality to adopt HB5557 Engrossed -77- LRB9212249LBpr 1 ordinances, which are consistent with but not more stringent 2 than the regulations adopted by the Board pursuant to this 3 Section, for application of standards and requirements within 4 such setback zones as are provided by this Act. 5 (g) The Agency shall prepare a groundwater protection 6 regulatory agenda for submittal to the Interagency 7 Coordinating Committee on Groundwater and the Groundwater 8 Advisory Council. In preparing this agenda, the Agency shall 9 consider situations where gaps may exist in federal or State 10 regulatory protection for groundwater, or where further 11 refinements could be necessary to achieve adequate protection 12 of groundwater. 13 (h) Nothing in this Section shall be construed as 14 limiting the general authority of the Board to promulgate 15 regulations pursuant to Title VII of this Act. 16 (i) The Board's rulemaking with respect to subsection 17 (a)(3) of this Section shall take into account the relevant 18 aspects of the Department of Agriculture's Part 255 19 regulations which specify containment rules for agrichemical 20 facilities. 21 (Source: P.A. 87-1108.) 22 (415 ILCS 5/14.6) (from Ch. 111 1/2, par. 1014.6) 23 Sec. 14.6. Agrichemical facilities. 24 (a) Notwithstanding the provisions of Section 14.4, 25 groundwater protection for storage and related handling of 26 pesticides and fertilizers at a facility for the purpose of 27 commercial application or at a central location for the 28 purpose of distribution to retail sales outlets may be 29 provided by adherence to the provisions of this Section. For 30 any such activity to be subject to this Section, the 31 following action must be taken by an owner or operator: 32 (1) with respect to agrichemical facilities, as 33 defined by the Illinois Pesticide Act, the Illinois HB5557 Engrossed -78- LRB9212249LBpr 1 Fertilizer Act and regulations adopted thereunder, file a 2 written notice of intent to be subject to the provisions 3 of this Section with the Department of Agriculture by 4 January 1, 1993, or within 6 months after the date on 5 which a maximum setback zone is established or a 6 regulated recharge area regulation is adopted that 7 affects such a facility; 8 (2) with respect to lawn care facilities that are 9 subject to the containment area provisions of the Lawn 10 Care Products Application and Notice Act and its 11 regulations, file a written notice of intent to be 12 subject to the provisions of this Section with the 13 Department of Agriculture by January 1, 1993, or within 6 14 months after the date on which a maximum setback zone is 15 established or a regulated recharge area regulation is 16 adopted that affects such a facility; 17 (3) with respect to a central distribution location 18 that is not an agrichemical facility, certify intent to 19 be subject to the provisions of this Section on the 20 appropriate license or renewal application form submitted 21 to the Department of Agriculture; or 22 (4) with respect to any other affected facility, 23 certify intent to be subject to the provisions of this 24 Section on the appropriate renewal application forms 25 submitted to the Department of Agriculture or other 26 appropriate agency. 27 An owner or operator of a facility that takes the action 28 described in this subsection shall be subject to the 29 provisions of this Section and shall not be regulated under 30 the provisions of Section 14.4, except as provided in 31 subsection (d) of this Sectionand unless a regulatory32program is not in effect by January 1, 1994, pursuant to33subsection (b) or (c) of this Section. The Department of 34 Agriculture or other appropriate agency shall provide copies HB5557 Engrossed -79- LRB9212249LBpr 1 of the written notices and certifications to the Agency. For 2 the purposes of this subsection, the term "commercial 3 application" shall not include the use of pesticides or 4 fertilizers in a manner incidental to the primary business 5 activity. 6 (b) The Agency and Department of Agriculture shall 7 cooperatively develop a program for groundwater protection 8 for designated facilities or sites consistent with the 9 activities specified in subsection (a) of this Section. In 10 developing such a program, the Agency and the Department of 11 Agriculture shall consult with affected interests and take 12 into account relevant information. Based on such agreed 13 program, the Department of Agriculture shall adopt 14 appropriate regulatory requirementsby January 1, 1994,for 15 the designated facilities or sites and administer a program. 16 At a minimum, the following considerations must be adequately 17 addressed as part of such program: 18 (1) a facility review process, using available 19 information when appropriate, to determine those sites 20 where groundwater monitoring will be implemented; 21 (2) requirements for groundwater quality monitoring 22 for sites identified under item (1); 23 (3) reporting, response, and operating practices 24 for the types of designated facilities; and 25 (4) requirements for closure or discontinuance of 26 operations. 27 (c) The Agency may enter into a written agreement with 28 any State agency to operate a cooperative program for 29 groundwater protection for designated facilities or sites 30 consistent with the activities specified in subparagraph (4) 31 of subsection (a) of this Section. Such State agency shall 32 adopt appropriate regulatory requirements for the designated 33 facilities or sites and necessary procedures and practices to 34 administer the program. HB5557 Engrossed -80- LRB9212249LBpr 1 (d) The Agency shall ensure that any facility that is 2 subject to this Section is in compliance with applicable 3 provisions as specified in subsection (b) or (c) of this 4 Section. To fulfill this responsibility, the Agency may rely 5 on information provided by another State agency or other 6 information that is obtained on a direct basis. If a facility 7 is not in compliance with the applicable provisions, or a 8 deficiency in the execution of a program affects such a 9 facility, the Agency may so notify the facility of this 10 condition and shall provide 30 days for a written response to 11 be filed. The response may describe any actions taken by the 12 owner which relate to the condition of noncompliance. If the 13 response is deficient or untimely, the Agency shall serve 14 notice upon the owner that the facility is subject to the 15 applicable provisions of Section 14.4 of this Act and 16 regulations adopted thereunder. 17 (e) (Blank.)After January 1, 1993, and before January181, 1994, an owner or operator of a facility that is subject19to the provisions of this Section may withdraw the notice20given under subsection (a) of this Section by filing a21written withdrawal statement with the Department of22Agriculture. Within 45 days after such filing and after23consultation with the Agency, the Department of Agriculture24shall provide written confirmation to the owner or operator25that the facility is no longer subject to the provisions of26this Section and must comply with the applicable provisions27of Section 14.4 within 90 days after receipt of the28confirmation. The Department of Agriculture shall provide29copies of the written confirmations to the Agency.30 (f) After January 1, 1994, and before one year after the 31 date on which a maximum setback zone is established or a 32 regulated recharge area regulation is adopted that affects a 33 facility subject to the provisions of this Section, an owner 34 or operator of such a facility may withdraw the notice given HB5557 Engrossed -81- LRB9212249LBpr 1 under subsection (a) of this Section by filing a written 2 withdrawal statement with the Department of Agriculture. 3 Within 45 days after such filing and after consultation with 4 the Agency, the Department of Agriculture shall provide 5 written confirmation to the owner or operator that the 6 facility is no longer subject to the provisions of this 7 Section and must comply with the applicable provisions of 8 Section 14.4 within 90 days after receipt of the 9 confirmation. The Department of Agriculture shall provide 10 copies of the written confirmations to the Agency. 11 (g) On or after August 11,the effective date of this12amendatory Act of1994, an owner or operator of an 13 agrichemical facility that is subject to the provisions of 14 Section 14.4 and regulations adopted thereunder solely 15 because of the presence of an on-site potable water supply 16 well that is not a non-community water supply may file a 17 written notice with the Department of Agriculture by January 18 1, 1995 declaring the facility to be subject to the 19 provisions of this Section. When that action is taken, the 20 regulatory requirements of subsection (b) of this Section 21 shall be applicable beginning January 1, 1995.During the22period from January 1, 1993 through December 31, 1994, any23facility described in this subsection shall not be subject to24regulation under Section 14.4 of this Act.Beginning on 25 January 1, 1995, such facilities shall be subject to either 26 Section 14.4 or this Section depending on the action taken 27 under this subsection. An owner or operator of an 28 agrichemical facility that is subject to this Section because 29 a written notice was filed under this subsection shall do all 30 of the following: 31 (1) File a facility review report with the 32 Department of Agriculture on or before February 28, 1995 33 consistent with the regulatory requirements of subsection 34 (b) of this Section. HB5557 Engrossed -82- LRB9212249LBpr 1 (2) Implement an approved monitoring program within 2 120 days of receipt of the Department of Agriculture's 3 determination or a notice to proceed from the Department 4 of Agriculture. The monitoring program shall be 5 consistent with the requirements of subsection (b) of 6 this Section. 7 (3) Implement applicable operational and management 8 practice requirements and submit a permit application or 9 modification to meet applicable structural provisions 10 consistent with those in subsection (b) of this Section 11 on or before July 1, 1995 and complete construction of 12 applicable structural requirements on or before January 13 1, 1996. 14 Notwithstanding the provisions of this subsection, an owner 15 or operator of an agrichemical facility that is subject to 16 the provisions of Section 14.4 and regulations adopted 17 thereunder solely because of the presence of an on-site 18 private potable water supply well may file a written notice 19 with the Department of Agriculture before January 1, 1995 20 requesting a release from the provisions of Section 14.4 and 21 this Section. Upon receipt of a request for release, the 22 Department of Agriculture shall conduct a site visit to 23 confirm the private potable use of the on-site well. If 24 private potable use is confirmed, the Department shall 25 provide written notice to the owner or operator of the 26 agrichemical facility that the facility is released from 27 compliance with the provisions of Section 14.4 and this 28 Section. If private potable use is not confirmed, the 29 Department of Agriculture shall provide written notice to the 30 owner or operator that a release cannot be given. No action 31 in this subsection shall be precluded by the on-site 32 non-potable use of water from an on-site private potable 33 water supply well. 34 (Source: P.A. 92-113, eff. 7-20-01.) HB5557 Engrossed -83- LRB9212249LBpr 1 (415 ILCS 5/17) (from Ch. 111 1/2, par. 1017) 2 Sec. 17. Rules; chlorination requirements. 3 (a) The Board may adopt regulations governing the 4 location, design, construction, and continuous operation and 5 maintenance of public water supply installations, changes or 6 additions which may affect the continuous sanitary quality, 7 mineral quality, or adequacy of the public water supply, 8 pursuant to Title VII of this Act. 9 (b) The Agency shall exempt from any mandatory 10 chlorination requirement of the Board any community water 11 supply which meets all of the following conditions: 12 (1) The population of the community served is not more 13 than 5,000; 14 (2) Has as its only source of raw water one or more 15 properly constructed wells into confined geologic formations 16 not subject to contamination; 17 (3) Has no history of persistent or recurring 18 contamination, as indicated by sampling results which show 19 violations of finished water quality requirements, for the 20 most recent five-year period; 21 (4) Does not provide any raw water treatment other than 22 fluoridation; 23 (5) Has an active program approved by the Agency to 24 educate water supply consumers on preventing the entry of 25 contaminants into the water system; 26 (6) Has a certified operator of the proper class, or if 27 it is an exempt community public water supply, has a 28 registered person responsible in charge of operation of the 29 public water supply; 30 (7) Submits samples for microbiological analysis at 31 twice the frequency specified in the Board regulations; and 32 (8) A unit of local government seeking to exempt its 33 public water supply from the chlorination requirement under 34 this subsection (b) on or after September 9,the effectiveHB5557 Engrossed -84- LRB9212249LBpr 1date of this amendatory Act of1983 shall be required to 2 receive the approval of the voters of such local government. 3 The proposition to exempt the community water supply from the 4 mandatory chlorination requirement shall be placed on the 5 ballot if the governing body of the local government adopts 6 an ordinance or resolution directing the clerk of the local 7 government to place such question on the ballot. The clerk 8 shall cause the election officials to place the proposition 9 on the ballot at the next election at which such proposition 10 may be voted upon if a certified copy of the adopted 11 ordinance or resolution is filed in his office at least 90 12 days before such election. The proposition shall also be 13 placed on the ballot if a petition containing the signatures 14 of at least 10% of the eligible voters residing in the local 15 government is filed with the clerk at least 90 days before 16 the next election at which the proposition may be voted upon. 17 The proposition shall be in substantially the following form: 18 ------------------------------------------------------------- 19 Shall the community 20 water supply of ..... (specify YES 21 the unit of local government) 22 be exempt from the mandatory ----------------------------- 23 chlorination requirement NO 24 of the State of Illinois? 25 ------------------------------------------------------------- 26 If the majority of the voters of the local government 27 voting therein vote in favor of the proposition, the 28 community water supply of that local government shall be 29 exempt from the mandatory chlorination requirement, provided 30 that the other requirements under this subsection (b) are 31 met. If the majority of the vote is against such 32 proposition, the community water supply may not be exempt 33 from the mandatory chlorination requirement. 34 Agency decisions regarding exemptions under this HB5557 Engrossed -85- LRB9212249LBpr 1 subsection may be appealed to the Board pursuant to the 2 provisions of Section 40(a) of this Act. 3 (c) Any supply showing contamination in its distribution 4 system (including finished water storage) may be required to 5 chlorinate until the Agency has determined that the source of 6 contamination has been removed and all traces of 7 contamination in the distribution system have been 8 eliminated. Standby chlorination equipment may be required 9 by the Agency if a supply otherwise exempt from chlorination 10 shows frequent or gross episodes of contamination. 11 (Source: P.A. 83-273.) 12 (415 ILCS 5/19.10) 13 Sec. 19.10. Re-enactment of Title IV-A; findings; 14 purpose; validation. 15 (a) The General Assembly finds and declares that: 16 (1) Title IV-A (consisting of Sections 19.1 through 17 19.9) was first added to the Environmental Protection Act 18 by Article III of Public Act 85-1135, effective September 19 1, 1988. In its original form, Title IV-A created the 20 Water Pollution Control Revolving Fund and authorized the 21 Illinois Environmental Protection Agency to establish a 22 program for providing units of local government with 23 low-cost loans to be used to construct wastewater 24 treatment works. The loans are paid from the Revolving 25 Fund, which consists primarily of a combination of 26 federal grant money, State matching money, and money that 27 has been repaid on past loans. 28 (2) In 1995, Title IV-A was amended by Public Act 29 89-27, effective January 1, 1997, which created the Loan 30 Support Program and made other changes. The Loan Support 31 Program provides financing for certain administrative 32 costs of the Agency. It specifically includes the costs 33 of developing a loan program for public water supply HB5557 Engrossed -86- LRB9212249LBpr 1 projects. 2 (3) Title IV-A was amended by Public Act 90-121, 3 effective July 17, 1997, which changed the name of the 4 Water Pollution Control Revolving Fund to the Water 5 Revolving Fund and created the Public Water Supply Loan 6 Program. Under this program, the Agency is authorized to 7 make low-interest loans to units of local government for 8 the construction of public water supply facilities. 9 (4) Title IV-A has also been amended by Public Act 10 86-671, effective September 1, 1989; P.A. 86-820, 11 effective September 7, 1989; and P.A. 90-372, effective 12 July 1, 1998. 13 (5) Article III, Section 6, of Public Act 85-1135 14 amended the Build Illinois Bond Act. Among other changes 15 to that Act, P.A. 85-1135 authorized the deposit of up to 16 $70,000,000 into the Water Pollution Control Revolving 17 Fund to be used for the Title IV-A loan program. 18 (6) Article III of Public Act 85-1135 also added 19 Section 5.237 to the State Finance Act. This Section 20 added the Water Pollution Control Revolving Fund to the 21 list of special funds in the State Treasury. The Section 22 was renumbered as Section 5.238 by a revisory bill, 23 Public Act 85-1440, effective February 1, 1989. Although 24 the name of the Fund was changed by Public Act 90-121, 25 that Act did not make the corresponding change in Section 26 5.238. 27 (7) Over the 10 years that it has administered 28 Title IV-A programs, the Agency has entered into loan 29 agreements with hundreds of units of local government and 30 provided hundreds of millions of dollars of financial 31 assistance for water pollution control projects. There 32 are currently many active Title IV-A loans in the 33 disbursement phase and many more that are in the process 34 of being repaid. The Agency continues to receive many HB5557 Engrossed -87- LRB9212249LBpr 1 new applications each year. 2 (8) Public Act 85-1135, which created Title IV-A, 3 also contained provisions relating to tax reform and 4 State bonds. 5 (9) On August 26, 1998, the Cook County Circuit 6 Court entered an order in the case of Oak Park Arms 7 Associates v. Whitley (No. 92 L 51045), in which it found 8 that Public Act 85-1135 violates the single subject 9 clause of the Illinois Constitution (Article IV, Section 10 8(d)). As of the time this amendatory Act of 1999 was 11 prepared, the order declaring P.A. 85-1135 invalid has 12 been vacated but the case is subject to appeal. 13 (10) The projects funded under Title IV-A affect 14 the vital areas of wastewater and sewage disposal and 15 drinking water supply and are important for the continued 16 health, safety, and welfare of the people of this State. 17 (b) It is the purpose of this amendatory Act of 1999 18 (Public Act 91-52) to prevent or minimize any disruption to 19 the programs administered under Title IV-A that may result 20 from challenges to the constitutional validity of Public Act 21 85-1135. 22 (c) This amendatory Act of 1999 (P.A. 91-52) re-enacts 23 Title IV-A of the Environmental Protection Act as it has been 24 amended. This re-enactment is intended to ensure the 25 continuation of the programs administered under that Title 26 and, if necessary, to recreate them. The material in 27 Sections 19.1 through 19.9 is shown as existing text (i.e., 28 without underscoring) because, as of the time this amendatory 29 Act of 1999 was prepared, the order declaring P.A. 85-1135 30 invalid has been vacated. Section 19.7 has been omitted 31 because it was repealed by Public Act 90-372, effective July 32 1, 1998. 33 Section 4.1 is added to the Build Illinois Bond Act to 34 re-authorize the deposit of funds into the Water Pollution HB5557 Engrossed -88- LRB9212249LBpr 1 Control Revolving Fund. 2 Section 5.238 of the State Finance Act is both re-enacted 3 and amended to reflect the current name of the Water 4 Revolving Fund. 5 (d) The re-enactment of Title IV-A of the Environmental 6 Protection Act by this amendatory Act of 1999 (P.A. 91-52) is 7 intended to remove any question as to the validity or content 8 of Title IV-A; it is not intended to supersede any other 9 Public Act that amends the text of a Section as set forth in 10 this amendatory Act. This re-enactment is not intended, and 11 shall not be construed, to imply that Public Act 85-1135 is 12 invalid or to limit or impair any legal argument concerning 13 (1) whether the Agency has express or implied authority to 14 administer loan programs in the absence of Title IV-A, or (2) 15 whether the provisions of Title IV-A were substantially 16 re-enacted by P.A. 89-27 or 90-121. 17 (e) All otherwise lawful actions taken before June 30, 18 1999 (the effective date of P.A. 91-52)this amendatory Act19of 1999by any employee, officer, agency, or unit of State or 20 local government or by any other person or entity, acting in 21 reliance on or pursuant to Title IV-A of the Environmental 22 Protection Act, as set forth in Public Act 85-1135 or as 23 subsequently amended, are hereby validated. 24 (f) All otherwise lawful obligations arising out of loan 25 agreements entered into before June 30, 1999 (the effective 26 date of P.A. 91-52)this amendatory Act of 1999by the State 27 or by any employee, officer, agency, or unit of State or 28 local government, acting in reliance on or pursuant to Title 29 IV-A of the Environmental Protection Act, as set forth in 30 Public Act 85-1135 or as subsequently amended, are hereby 31 validated and affirmed. 32 (g) All otherwise lawful deposits into the Water 33 Pollution Control Revolving Fund made before June 30, 1999 34 (the effective date of P.A. 91-52)this amendatory Act ofHB5557 Engrossed -89- LRB9212249LBpr 11999in accordance with Section 4 of the Build Illinois Bond 2 Act, as set forth in Public Act 85-1135 or as subsequently 3 amended, and the use of those deposits for the purposes of 4 Title IV-A of the Environmental Protection Act, are hereby 5 validated. 6 (h) This amendatory Act of 1999 (P.A. 91-52) applies, 7 without limitation, to actions pending on or after the 8 effective date of this amendatory Act. 9 (Source: P.A. 91-52, eff. 6-30-99.) 10 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021) 11 Sec. 21. Prohibited acts. No person shall: 12 (a) Cause or allow the open dumping of any waste. 13 (b) Abandon, dump, or deposit any waste upon the public 14 highways or other public property, except in a sanitary 15 landfill approved by the Agency pursuant to regulations 16 adopted by the Board. 17 (c) Abandon any vehicle in violation of the "Abandoned 18 Vehicles Amendment to the Illinois Vehicle Code", as enacted 19 by the 76th General Assembly. 20 (d) Conduct any waste-storage, waste-treatment, or 21 waste-disposal operation: 22 (1) without a permit granted by the Agency or in 23 violation of any conditions imposed by such permit, 24 including periodic reports and full access to adequate 25 records and the inspection of facilities, as may be 26 necessary to assure compliance with this Act and with 27 regulations and standards adopted thereunder; provided, 28 however, that, except for municipal solid waste landfill 29 units that receive waste on or after October 9, 1993, no 30 permit shall be required for (i) any person conducting a 31 waste-storage, waste-treatment, or waste-disposal 32 operation for wastes generated by such person's own 33 activities which are stored, treated, or disposed within HB5557 Engrossed -90- LRB9212249LBpr 1 the site where such wastes are generated, or (ii) a 2 facility located in a county with a population over 3 700,000, operated and located in accordance with Section 4 22.38 of this Act, and used exclusively for the transfer, 5 storage, or treatment of general construction or 6 demolition debris; 7 (2) in violation of any regulations or standards 8 adopted by the Board under this Act; or 9 (3) which receives waste after August 31, 1988, 10 does not have a permit issued by the Agency, and is (i) a 11 landfill used exclusively for the disposal of waste 12 generated at the site, (ii) a surface impoundment 13 receiving special waste not listed in an NPDES permit, 14 (iii) a waste pile in which the total volume of waste is 15 greater than 100 cubic yards or the waste is stored for 16 over one year, or (iv) a land treatment facility 17 receiving special waste generated at the site; without 18 giving notice of the operation to the Agency by January 19 1, 1989, or 30 days after the date on which the operation 20 commences, whichever is later, and every 3 years 21 thereafter. The form for such notification shall be 22 specified by the Agency, and shall be limited to 23 information regarding: the name and address of the 24 location of the operation; the type of operation; the 25 types and amounts of waste stored, treated or disposed of 26 on an annual basis; the remaining capacity of the 27 operation; and the remaining expected life of the 28 operation. 29 Item (3) of this subsection (d) shall not apply to any 30 person engaged in agricultural activity who is disposing of a 31 substance that constitutes solid waste, if the substance was 32 acquired for use by that person on his own property, and the 33 substance is disposed of on his own property in accordance 34 with regulations or standards adopted by the Board. HB5557 Engrossed -91- LRB9212249LBpr 1 This subsection (d) shall not apply to hazardous waste. 2 (e) Dispose, treat, store or abandon any waste, or 3 transport any waste into this State for disposal, treatment, 4 storage or abandonment, except at a site or facility which 5 meets the requirements of this Act and of regulations and 6 standards thereunder. 7 (f) Conduct any hazardous waste-storage, hazardous 8 waste-treatment or hazardous waste-disposal operation: 9 (1) without a RCRA permit for the site issued by 10 the Agency under subsection (d) of Section 39 of this 11 Act, or in violation of any condition imposed by such 12 permit, including periodic reports and full access to 13 adequate records and the inspection of facilities, as may 14 be necessary to assure compliance with this Act and with 15 regulations and standards adopted thereunder; or 16 (2) in violation of any regulations or standards 17 adopted by the Board under this Act; or 18 (3) in violation of any RCRA permit filing 19 requirement established under standards adopted by the 20 Board under this Act; or 21 (4) in violation of any order adopted by the Board 22 under this Act. 23 Notwithstanding the above, no RCRA permit shall be 24 required under this subsection or subsection (d) of Section 25 39 of this Act for any person engaged in agricultural 26 activity who is disposing of a substance which has been 27 identified as a hazardous waste, and which has been 28 designated by Board regulations as being subject to this 29 exception, if the substance was acquired for use by that 30 person on his own property and the substance is disposed of 31 on his own property in accordance with regulations or 32 standards adopted by the Board. 33 (g) Conduct any hazardous waste-transportation 34 operation: HB5557 Engrossed -92- LRB9212249LBpr 1 (1) without registering with and obtaining a permit 2 from the Agency in accordance with the Uniform Program 3 implemented under subsection (l-5) of Section 22.2; or 4 (2) in violation of any regulations or standards 5 adopted by the Board under this Act. 6 (h) Conduct any hazardous waste-recycling or hazardous 7 waste-reclamation or hazardous waste-reuse operation in 8 violation of any regulations, standards or permit 9 requirements adopted by the Board under this Act. 10 (i) Conduct any process or engage in any act which 11 produces hazardous waste in violation of any regulations or 12 standards adopted by the Board under subsections (a) and (c) 13 of Section 22.4 of this Act. 14 (j) Conduct any special waste transportation operation 15 in violation of any regulations, standards or permit 16 requirements adopted by the Board under this Act. However, 17 sludge from a water or sewage treatment plant owned and 18 operated by a unit of local government which (1) is subject 19 to a sludge management plan approved by the Agency or a 20 permit granted by the Agency, and (2) has been tested and 21 determined not to be a hazardous waste as required by 22 applicable State and federal laws and regulations, may be 23 transported in this State without a special waste hauling 24 permit, and the preparation and carrying of a manifest shall 25 not be required for such sludge under the rules of the 26 Pollution Control Board. The unit of local government which 27 operates the treatment plant producing such sludge shall file 28 a semiannual report with the Agency identifying the volume of 29 such sludge transported during the reporting period, the 30 hauler of the sludge, and the disposal sites to which it was 31 transported. This subsection (j) shall not apply to hazardous 32 waste. 33 (k) Fail or refuse to pay any fee imposed under this 34 Act. HB5557 Engrossed -93- LRB9212249LBpr 1 (l) Locate a hazardous waste disposal site above an 2 active or inactive shaft or tunneled mine or within 2 miles 3 of an active fault in the earth's crust. In counties of 4 population less than 225,000 no hazardous waste disposal site 5 shall be located (1) within 1 1/2 miles of the corporate 6 limits as defined on June 30, 1978, of any municipality 7 without the approval of the governing body of the 8 municipality in an official action; or (2) within 1000 feet 9 of an existing private well or the existing source of a 10 public water supply measured from the boundary of the actual 11 active permitted site and excluding existing private wells on 12 the property of the permit applicant. The provisions of this 13 subsection do not apply to publicly-owned sewage works or the 14 disposal or utilization of sludge from publicly-owned sewage 15 works. 16 (m) Transfer interest in any land which has been used as 17 a hazardous waste disposal site without written notification 18 to the Agency of the transfer and to the transferee of the 19 conditions imposed by the Agency upon its use under 20 subsection (g) of Section 39. 21 (n) Use any land which has been used as a hazardous 22 waste disposal site except in compliance with conditions 23 imposed by the Agency under subsection (g) of Section 39. 24 (o) Conduct a sanitary landfill operation which is 25 required to have a permit under subsection (d) of this 26 Section, in a manner which results in any of the following 27 conditions: 28 (1) refuse in standing or flowing waters; 29 (2) leachate flows entering waters of the State; 30 (3) leachate flows exiting the landfill confines 31 (as determined by the boundaries established for the 32 landfill by a permit issued by the Agency); 33 (4) open burning of refuse in violation of Section 34 9 of this Act; HB5557 Engrossed -94- LRB9212249LBpr 1 (5) uncovered refuse remaining from any previous 2 operating day or at the conclusion of any operating day, 3 unless authorized by permit; 4 (6) failure to provide final cover within time 5 limits established by Board regulations; 6 (7) acceptance of wastes without necessary permits; 7 (8) scavenging as defined by Board regulations; 8 (9) deposition of refuse in any unpermitted portion 9 of the landfill; 10 (10) acceptance of a special waste without a 11 required manifest; 12 (11) failure to submit reports required by permits 13 or Board regulations; 14 (12) failure to collect and contain litter from the 15 site by the end of each operating day; 16 (13) failure to submit any cost estimate for the 17 site or any performance bond or other security for the 18 site as required by this Act or Board rules. 19 The prohibitions specified in this subsection (o) shall 20 be enforceable by the Agency either by administrative 21 citation under Section 31.1 of this Act or as otherwise 22 provided by this Act. The specific prohibitions in this 23 subsection do not limit the power of the Board to establish 24 regulations or standards applicable to sanitary landfills. 25 (p) In violation of subdivision (a) of this Section, 26 cause or allow the open dumping of any waste in a manner 27 which results in any of the following occurrences at the dump 28 site: 29 (1) litter; 30 (2) scavenging; 31 (3) open burning; 32 (4) deposition of waste in standing or flowing 33 waters; 34 (5) proliferation of disease vectors; HB5557 Engrossed -95- LRB9212249LBpr 1 (6) standing or flowing liquid discharge from the 2 dump site; 3 (7) deposition of: 4 (i) general construction or demolition debris 5 as defined in Section 3.160(a)3.78of this Act; or 6 (ii) clean construction or demolition debris 7 as defined in Section 3.160(b)3.78aof this Act. 8 The prohibitions specified in this subsection (p) shall 9 be enforceable by the Agency either by administrative 10 citation under Section 31.1 of this Act or as otherwise 11 provided by this Act. The specific prohibitions in this 12 subsection do not limit the power of the Board to establish 13 regulations or standards applicable to open dumping. 14 (q) Conduct a landscape waste composting operation 15 without an Agency permit, provided, however, that no permit 16 shall be required for any person: 17 (1) conducting a landscape waste composting 18 operation for landscape wastes generated by such person's 19 own activities which are stored, treated or disposed of 20 within the site where such wastes are generated; or 21 (2) applying landscape waste or composted landscape 22 waste at agronomic rates; or 23 (3) operating a landscape waste composting facility 24 on a farm, if the facility meets all of the following 25 criteria: 26 (A) the composting facility is operated by the 27 farmer on property on which the composting material 28 is utilized, and the composting facility constitutes 29 no more than 2% of the property's total acreage, 30 except that the Agency may allow a higher percentage 31 for individual sites where the owner or operator has 32 demonstrated to the Agency that the site's soil 33 characteristics or crop needs require a higher rate; 34 (B) the property on which the composting HB5557 Engrossed -96- LRB9212249LBpr 1 facility is located, and any associated property on 2 which the compost is used, is principally and 3 diligently devoted to the production of agricultural 4 crops and is not owned, leased or otherwise 5 controlled by any waste hauler or generator of 6 nonagricultural compost materials, and the operator 7 of the composting facility is not an employee, 8 partner, shareholder, or in any way connected with 9 or controlled by any such waste hauler or generator; 10 (C) all compost generated by the composting 11 facility is applied at agronomic rates and used as 12 mulch, fertilizer or soil conditioner on land 13 actually farmed by the person operating the 14 composting facility, and the finished compost is not 15 stored at the composting site for a period longer 16 than 18 months prior to its application as mulch, 17 fertilizer, or soil conditioner; 18 (D) the owner or operator, by January 1, 1990 19 (or the January 1 following commencement of 20 operation, whichever is later) and January 1 of each 21 year thereafter, (i) registers the site with the 22 Agency, (ii) reports to the Agency on the volume of 23 composting material received and used at the site, 24 (iii) certifies to the Agency that the site complies 25 with the requirements set forth in subparagraphs 26 (A), (B) and (C) of this paragraph (q)(3), and (iv) 27 certifies to the Agency that all composting material 28 was placed more than 200 feet from the nearest 29 potable water supply well, was placed outside the 30 boundary of the 10-year floodplain or on a part of 31 the site that is floodproofed, was placed at least 32 1/4 mile from the nearest residence (other than a 33 residence located on the same property as the 34 facility) and there are not more than 10 occupied HB5557 Engrossed -97- LRB9212249LBpr 1 non-farm residences within 1/2 mile of the 2 boundaries of the site on the date of application, 3 and was placed more than 5 feet above the water 4 table. 5 For the purposes of this subsection (q), "agronomic 6 rates" means the application of not more than 20 tons per 7 acre per year, except that the Agency may allow a higher rate 8 for individual sites where the owner or operator has 9 demonstrated to the Agency that the site's soil 10 characteristics or crop needs require a higher rate. 11 (r) Cause or allow the storage or disposal of coal 12 combustion waste unless: 13 (1) such waste is stored or disposed of at a site 14 or facility for which a permit has been obtained or is 15 not otherwise required under subsection (d) of this 16 Section; or 17 (2) such waste is stored or disposed of as a part 18 of the design and reclamation of a site or facility which 19 is an abandoned mine site in accordance with the 20 Abandoned Mined Lands and Water Reclamation Act; or 21 (3) such waste is stored or disposed of at a site 22 or facility which is operating under NPDES and Subtitle D 23 permits issued by the Agency pursuant to regulations 24 adopted by the Board for mine-related water pollution and 25 permits issued pursuant to the Federal Surface Mining 26 Control and Reclamation Act of 1977 (P.L. 95-87) or the 27 rules and regulations thereunder or any law or rule or 28 regulation adopted by the State of Illinois pursuant 29 thereto, and the owner or operator of the facility agrees 30 to accept the waste; and either 31 (i) such waste is stored or disposed of in 32 accordance with requirements applicable to refuse 33 disposal under regulations adopted by the Board for 34 mine-related water pollution and pursuant to NPDES HB5557 Engrossed -98- LRB9212249LBpr 1 and Subtitle D permits issued by the Agency under 2 such regulations; or 3 (ii) the owner or operator of the facility 4 demonstrates all of the following to the Agency, and 5 the facility is operated in accordance with the 6 demonstration as approved by the Agency: (1) the 7 disposal area will be covered in a manner that will 8 support continuous vegetation, (2) the facility will 9 be adequately protected from wind and water erosion, 10 (3) the pH will be maintained so as to prevent 11 excessive leaching of metal ions, and (4) adequate 12 containment or other measures will be provided to 13 protect surface water and groundwater from 14 contamination at levels prohibited by this Act, the 15 Illinois Groundwater Protection Act, or regulations 16 adopted pursuant thereto. 17 Notwithstanding any other provision of this Title, the 18 disposal of coal combustion waste pursuant to item (2) or (3) 19 of this subdivision (r) shall be exempt from the other 20 provisions of this Title V, and notwithstanding the 21 provisions of Title X of this Act, the Agency is authorized 22 to grant experimental permits which include provision for the 23 disposal of wastes from the combustion of coal and other 24 materials pursuant to items (2) and (3) of this subdivision 25 (r). 26 (s) After April 1, 1989, offer for transportation, 27 transport, deliver, receive or accept special waste for which 28 a manifest is required, unless the manifest indicates that 29 the fee required under Section 22.8 of this Act has been 30 paid. 31 (t) Cause or allow a lateral expansion of a municipal 32 solid waste landfill unit on or after October 9, 1993, 33 without a permit modification, granted by the Agency, that 34 authorizes the lateral expansion. HB5557 Engrossed -99- LRB9212249LBpr 1 (u) Conduct any vegetable by-product treatment, storage, 2 disposal or transportation operation in violation of any 3 regulation, standards or permit requirements adopted by the 4 Board under this Act. However, no permit shall be required 5 under this Title V for the land application of vegetable 6 by-products conducted pursuant to Agency permit issued under 7 Title III of this Act to the generator of the vegetable 8 by-products. In addition, vegetable by-products may be 9 transported in this State without a special waste hauling 10 permit, and without the preparation and carrying of a 11 manifest. 12 (v) (Blank). 13 (w) Conduct any generation, transportation, or recycling 14 of construction or demolition debris, clean or general, or 15 uncontaminated soil generated during construction, 16 remodeling, repair, and demolition of utilities, structures, 17 and roads that is not commingled with any waste, without the 18 maintenance of documentation identifying the hauler, 19 generator, place of origin of the debris or soil, the weight 20 or volume of the debris or soil, and the location, owner, and 21 operator of the facility where the debris or soil was 22 transferred, disposed, recycled, or treated. This 23 documentation must be maintained by the generator, 24 transporter, or recycler for 3 years. This subsection (w) 25 shall not apply to (1) a permitted pollution control facility 26 that transfers or accepts construction or demolition debris, 27 clean or general, or uncontaminated soil for final disposal, 28 recycling, or treatment, (2) a public utility (as that term 29 is defined in the Public Utilities Act) or a municipal 30 utility, or (3) the Illinois Department of Transportation; 31 but it shall apply to an entity that contracts with a public 32 utility, a municipal utility, or the Illinois Department of 33 Transportation. The terms "generation" and "recycling" as 34 used in this subsection do not apply to clean construction or HB5557 Engrossed -100- LRB9212249LBpr 1 demolition debris when (i) used as fill material below grade 2 outside of a setback zone if covered by sufficient 3 uncontaminated soil to support vegetation within 30 days of 4 the completion of filling or if covered by a road or 5 structure, (ii) solely broken concrete without protruding 6 metal bars is used for erosion control, or (iii) milled 7 asphalt or crushed concrete is used as aggregate in 8 construction of the shoulder of a roadway. The terms 9 "generation" and "recycling", as used in this subsection, do 10 not apply to uncontaminated soil that is not commingled with 11 any waste when (i) used as fill material below grade or 12 contoured to grade, or (ii) used at the site of generation. 13 (Source: P.A. 90-219, eff. 7-25-97; 90-344, eff. 1-1-98; 14 90-475, eff. 8-17-97; 90-655, eff. 7-30-98; 90-761, eff. 15 8-14-98; 91-72, eff. 7-9-99.) 16 (415 ILCS 5/21.3) (from Ch. 111 1/2, par. 1021.3) 17 Sec. 21.3. Environmental reclamation lien. 18 (a) All costs and damages for which a person is liable 19 to the State of Illinois under Section 22.2 and Section 22.18 20 shall constitute an environmental reclamation lien in favor 21 of the State of Illinois upon all real property and rights to 22 such property which: 23 (1) belong to such person; and 24 (2) are subject to or affected by a removal or 25 remedial action under Section 22.2 or preventive action, 26 corrective action or enforcement action under Section 27 22.18. 28 (b) An environmental reclamation lien shall continue 29 until the liability for the costs and damages, or a judgment 30 against the person arising out of such liability, is 31 satisfied. 32 (c) An environmental reclamation lien shall be effective 33 upon the filing by the Agency of a Notice of Environmental HB5557 Engrossed -101- LRB9212249LBpr 1 Reclamation Lien with the recorder or the registrar of titles 2 of the county in which the real property lies. The Agency 3 shall not file an environmental reclamation lien, and no such 4 lien shall be valid, unless the Agency has sent notice 5 pursuant to subsection (q)or (v)of Section 4 of this Act to 6 owners of the real property. Nothing in this Section shall 7 be construed to give the Agency's lien a preference over the 8 rights of any bona fide purchaser or mortgagee or other 9 lienholder (not including the United States when holding an 10 unfiled lien) arising prior to the filing of a notice of 11 environmental reclamation lien in the office of the recorder 12 or registrar of titles of the county in which the property 13 subject to the lien is located. For purposes of this 14 Section, the term "bona fide" shall not include any mortgage 15 of real or personal property or any other credit transaction 16 that results in the mortgagee or the holder of the security 17 acting as trustee for unsecured creditors of the liable 18 person mentioned in the notice of lien who executed such 19 chattel or real property mortgage or the document evidencing 20 such credit transaction. Such lien shall be inferior to the 21 lien of general taxes, special assessments and special taxes 22 heretofore or hereafter levied by any political subdivision 23 of this State. 24 (d) The environmental reclamation lien shall not exceed 25 the amount of expenditures as itemized on the Affidavit of 26 Expenditures attached to and filed with the Notice of 27 Environmental Reclamation Lien. The Affidavit of 28 Expenditures may be amended if additional costs or damages 29 are incurred. 30 (e) Upon filing of the Notice of Environmental 31 Reclamation Lien a copy with attachments shall be served upon 32 the owners of the real property. Notice of such service 33 shall be served on all lienholders of record as of the date 34 of filing. HB5557 Engrossed -102- LRB9212249LBpr 1 (f) Within120 days after the effective date of this2Section or within60 days after initiating response or 3 remedial action at the site under Section 22.2 or 22.18, the 4 Agency shall file a Notice of Response Action in Progress. 5 The Notice shall be filed with the recorder or registrar of 6 titles of the county in which the real property lies. 7 (g) In addition to any other remedy provided by the laws 8 of this State, the Agency may foreclose in the circuit court 9 an environmental reclamation lien on real property for any 10 costs or damages imposed under Section 22.2 or Section 22.18 11 to the same extent and in the same manner as in the 12 enforcement of other liens. The process, practice and 13 procedure for such foreclosure shall be the same as provided 14 in Article XV of the Code of Civil Procedure. Nothing in 15 this Section shall affect the right of the State of Illinois 16 to bring an action against any person to recover all costs 17 and damages for which such person is liable under Section 18 22.2 or Section 22.18. 19 (h) Any liability to the State under Section 22.2 or 20 Section 22.18 shall constitute a debt to the State. Interest 21 on such debt shall begin to accrue at a rate of 12% per annum 22 from the date of the filing of the Notice of Environmental 23 Reclamation Lien under paragraph (c). Accrued interest shall 24 be included as a cost incurred by the State of Illinois under 25 Section 22.2 or Section 22.18. 26 (i) "Environmental reclamation lien" means a lien 27 established under this Section. 28 (Source: P.A. 90-655, eff. 7-30-98.) 29 (415 ILCS 5/21.5) (from Ch. 111 1/2, par. 1021.5) 30 Sec. 21.5. Toxic packaging reduction. 31 (a) For the purposes of this Section, the following 32 terms have the meanings ascribed to them in this subsection: 33 "Distributor" means any person, firm, or corporation HB5557 Engrossed -103- LRB9212249LBpr 1 that takes title to goods purchased for resale. 2 "Package" means a container providing a direct means 3 of marketing, protecting, or handling a product, and 4 includes a product unit package, an intermediate package, 5 or a shipping container as defined by ASTM D996. 6 "Package" shall also include such unsealed consumer 7 product receptacles as carrying cases, crates, cups, 8 pails, rigid foil and other trays, wrappers and wrapping 9 films, bags, and tubs. 10 "Packaging component" means any individual assembled 11 part of a package including, but not limited to, any 12 interior or exterior blocking, bracing, cushioning, 13 weatherproofing, coatings, closure, ink, and labeling; 14 except that coatings shall not include a thin tin layer 15 applied to base steel or sheet steel during manufacturing 16 of the steel or package. 17 (b) Beginning July 1, 1994, no package or packaging 18 component may be offered for sale or promotional purposes in 19 this State, by its manufacturer or distributor, if the 20 package itself or any packaging component includes any ink, 21 dye, pigment, adhesive, stabilizer, or other additive that 22 contains lead, cadmium, mercury or hexavalent chromium that 23 has been intentionally introduced during manufacturing or 24 distribution. 25 (c) Beginning July 1, 1994, no product may be offered 26 for sale or for promotional purposes in this State by its 27 manufacturer or distributor in Illinois in a package that 28 includes, in the package itself or in any of its packaging 29 components, any ink, dye, pigment, adhesive, stabilizer, or 30 other additive that contains lead, cadmium, mercury or 31 hexavalent chromium that has been intentionally introduced 32 during manufacturing or distribution. 33 (d) No package or packaging component, and no product in 34 a package, may be offered for sale or promotional purposes in HB5557 Engrossed -104- LRB9212249LBpr 1 this State if the sum of the concentration levels of lead, 2 cadmium, mercury, or hexavalent chromium present in the 3 package or packaging component, but not intentionally 4 introduced by the manufacturer or distributor, exceeds the 5 following limits: 6 (1) 600 parts per million by weight (0.06%) 7 beginning July 1, 1994. 8 (2) 250 parts per million by weight (0.025%) 9 beginning July 1, 1995. 10 (3) 100 parts per million by weight (0.01%) 11 beginning July 1, 1996. 12 (e) The following packages and packaging components are 13 not subject to this Section: 14 (1) Those packages or packaging components with a 15 code indicating a date of manufacture before July 1, 16 1994. 17 (2) Those packages or packaging components for 18 which an exemption has been granted by the Agency under 19 subsection (f). 20 (3) Until July 1, 1998, packages and packaging 21 components that would not exceed the maximum contaminant 22 levels set forth in subsection (d) of this Section but 23 for the addition of post consumer materials. 24 (4) Those packages or packaging components used to 25 contain wine or distilled spirits that have been bottled 26 before July 1, 1994. 27 (5) Packaging components, including but not limited 28 to strapping, seals, fasteners, and other industrial 29 packaging components intended to protect, secure, close, 30 unitize or provide pilferage protection for any product 31 destined for commercial use. 32 (6) Those packages used in transporting, 33 protecting, safe handling or functioning of radiographic 34 film. HB5557 Engrossed -105- LRB9212249LBpr 1 (f) The Agency may grant an exemption from the 2 requirements of this Section for a package or packaging 3 component to which lead, cadmium, mercury, or hexavalent 4 chromium has been added in the manufacturing, forming, 5 printing, or distribution process in order to comply with 6 health or safety requirements of federal law or because there 7 is not a feasible alternative. These exemptions shall be 8 granted, upon application of the manufacturer of the package 9 or packaging component, for a period of 2 years and are 10 renewable for periods of 2 years. If the Agency denies a 11 request for exemption, or fails to take final action on a 12 request within 180 days, the applicant may seek review from 13 the Board in the same manner as in the case of a permit 14 denial. Any other party to the Agency proceeding may seek 15 review in the manner provided in subsection (c) of Section 16 40. 17 For the purposes of this subsection, a use for which 18 there is no feasible alternative is one in which the 19 regulated substance is essential to the protection, safe 20 handling, or function of the package's contents. 21 The Agency may enter into reciprocal agreements with 22 other states that have adopted similar restrictions on toxic 23 packaging and may accept exemptions to those restrictions 24 granted by such states. Prior to taking such action, the 25 Agency shall provide for public notice in the Environmental 26 Register and for a 30-day comment period. 27 (g) Beginning July 1, 1994, a certificate of compliance 28 stating that a package or packaging component is in 29 compliance with the requirements of this Section shall be 30 furnished by its manufacturer or supplier to its distributor, 31 or shall be maintained by the manufacturer in Illinois if the 32 manufacturer is also the distributor. If compliance is 33 achieved only under the exemption provided in subdivision 34 (e)(2) or (e)(3), the certificate shall state the specific HB5557 Engrossed -106- LRB9212249LBpr 1 basis upon which the exemption is claimed. The certificate of 2 compliance shall be signed by an authorized official of the 3 manufacturer or supplier. The certificate can be for the 4 entire class, type, or category of packaging or a particular 5 product regulated under this Act, and a certificate need not 6 be provided or maintained for each individual package, 7 packaging component, or packaging for a product. The 8 manufacturer or distributor in Illinois shall retain the 9 certificate of compliance for as long as the package or 10 packaging component is in use. A copy of the certificate of 11 compliance shall be kept on file by the manufacturer or 12 supplier of the package or packaging component. Certificates 13 of compliance, or copies thereof, shall be furnished to the 14 Agency upon its request and to members of the public in 15 accordance with subsection (i). 16 If the manufacturer or supplier of the package or 17 packaging component reformulates or creates a new package or 18 packaging component, the manufacturer or supplier shall 19 provide an amended or new certificate of compliance for the 20 reformulated or new package or packaging component. 21 (h) (Blank.)The Agency shall review the effectiveness22of this Section no later than January 1, 1996, and shall23provide a report based upon that review to the Governor and24the General Assembly. The report shall contain a25recommendation whether to continue the recycling exemption26provided in subdivision (e)(3) of this Section and a27description of the nature of the substitutes used in lieu of28lead, mercury, cadmium, and hexavalent chromium.29 (i) Any request from a member of the public for any 30 certificate of compliance from the manufacturer or supplier 31 of a package or packaging component shall be: 32 (1) made in writing and transmitted by registered 33 mail with a copy provided to the Agency; 34 (2) specific as to the package or packaging HB5557 Engrossed -107- LRB9212249LBpr 1 component information requested; and 2 (3) responded to by the manufacturer or supplier 3 within 60 days. 4 (j) The provisions of this Section shall not apply to 5 any glass or ceramic product used as packaging that is 6 intended to be reusable or refillable, and where the lead and 7 cadmium from the product do not exceed the Toxicity 8 Characteristic Leachability Procedures of leachability of 9 lead and cadmium as set forth by the U.S. Environmental 10 Protection Agency. 11 (Source: P.A. 89-79, eff. 6-30-95.) 12 (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2) 13 Sec. 22.2. Hazardous waste; fees; liability. 14 (a) There are hereby created within the State Treasury 2 15 special funds to be known respectively as the "Hazardous 16 Waste Fund" and the "Hazardous Waste Research Fund", 17 constituted from the fees collected pursuant to this Section. 18 In addition to the fees collected under this Section, the 19 Hazardous Waste Fund shall include other moneys made 20 available from any source for deposit into the Fund. 21 (b) (1) On and after January 1, 1989, the Agency shall 22 collect from the owner or operator of each of the 23 following sites a fee in the amount of: 24 (A)6 cents per gallon or $12.12 per cubic25yard of hazardous waste disposed for 1989, 7.5 cents26per gallon or $15.15 per cubic yard for 1990 and9 27 cents per gallon or $18.18 per cubic yard 28thereafter, if the hazardous waste disposal site is 29 located off the site where such waste was produced. 30 The maximum amount payable under this subdivision 31 (A) with respect to the hazardous waste generated by 32 a single generator and deposited in monofills is 33$20,000 for 1989, $25,000 for 1990, and$30,000 per HB5557 Engrossed -108- LRB9212249LBpr 1 yearthereafter. If, as a result of the use of 2 multiple monofills, waste fees in excess of the 3 maximum are assessed with respect to a single waste 4 generator, the generator may apply to the Agency for 5 a credit. 6 (B)6 cents per gallon or $12.12 per cubic7yard of hazardous waste disposed for 1989, 7.5 cents8per gallon or $15.15 per cubic yard for 1990 and9 9 cents or $18.18 per cubic yardthereafter, if the 10 hazardous waste disposal site is located on the site 11 where such waste was produced, provided however the 12 maximum amount of fees payable under this paragraph 13 (B) is$20,000 for 1989, $25,000 for 1990 and14 $30,000 per yearthereafterfor each such hazardous 15 waste disposal site. 16 (C) If the hazardous waste disposal site is an 17 underground injection well, $6,000 per year if not 18 more than 10,000,000 gallons per year are injected, 19 $15,000 per year if more than 10,000,000 gallons but 20 not more than 50,000,000 gallons per year are 21 injected, and $27,000 per year if more than 22 50,000,000 gallons per year are injected. 23 (D)2 cents per gallon or $4.04 per cubic yard24for 1989, 2.5 cents per gallon or $5.05 per cubic25yard for 1990, and3 cents per gallon or $6.06 per 26 cubic yardthereafterof hazardous waste received 27 for treatment at a hazardous waste treatment site, 28 if the hazardous waste treatment site is located off 29 the site where such waste was produced and if such 30 hazardous waste treatment site is owned, controlled 31 and operated by a person other than the generator of 32 such waste. After treatment at such hazardous waste 33 treatment site, the waste shall not be subject to 34 any other fee imposed by this subsection (b). For HB5557 Engrossed -109- LRB9212249LBpr 1 purposes of this subsection (b), the term 2 "treatment" is defined as in Section 3.5053.49but 3 shall not include recycling, reclamation or reuse. 4 (2) The General Assembly shall annually appropriate 5 to the Fund such amounts as it deems necessary to fulfill 6 the purposes of this Act. 7 (3) The Agency shall have the authority to accept, 8 receive, and administer on behalf of the State any moneys 9 made available to the State from any source for the 10 purposes of the Hazardous Waste Fund set forth in 11 subsection (d) of this Section. 12 (4) Of the amount collected as fees provided for in 13 this Section, the Agency shall manage the use of such 14 funds to assure that sufficient funds are available for 15 match towards federal expenditures for response action at 16 sites which are listed on the National Priorities List; 17 provided, however, that this shall not apply to 18 additional monies appropriated to the Fund by the General 19 Assembly, nor shall it apply in the event that the 20 Director finds that revenues in the Hazardous Waste Fund 21 must be used to address conditions which create or may 22 create an immediate danger to the environment or public 23 health or to the welfare of the people of the State of 24 Illinois. 25 (5) Notwithstanding the other provisions of this 26 subsection (b), sludge from a publicly-owned sewage works 27 generated in Illinois, coal mining wastes and refuse 28 generated in Illinois, bottom boiler ash, flyash and flue 29 gas desulphurization sludge from public utility electric 30 generating facilities located in Illinois, and bottom 31 boiler ash and flyash from all incinerators which process 32 solely municipal waste shall not be subject to the fee. 33 (6) For the purposes of this subsection (b), 34 "monofill" means a facility, or a unit at a facility, HB5557 Engrossed -110- LRB9212249LBpr 1 that accepts only wastes bearing the same USEPA hazardous 2 waste identification number, or compatible wastes as 3 determined by the Agency. 4 (c) The Agency shall establish procedures, not later 5 than January 1, 1984, relating to the collection of the fees 6 authorized by this Section. Such procedures shall include, 7 but not be limited to: (1) necessary records identifying the 8 quantities of hazardous waste received or disposed; (2) the 9 form and submission of reports to accompany the payment of 10 fees to the Agency; and (3) the time and manner of payment of 11 fees to the Agency, which payments shall be not more often 12 than quarterly. 13 (d) Beginning July 1, 1996, the Agency shall deposit all 14 such receipts in the State Treasury to the credit of the 15 Hazardous Waste Fund, except as provided in subsection (e) of 16 this Section. All monies in the Hazardous Waste Fund shall be 17 used by the Agency for the following purposes: 18 (1) Taking whatever preventive or corrective action 19 is necessary or appropriate, in circumstances certified 20 by the Director, including but not limited to removal or 21 remedial action whenever there is a release or 22 substantial threat of a release of a hazardous substance 23 or pesticide; provided, the Agency shall expend no more 24 than $1,000,000 on any single incident without 25 appropriation by the General Assembly. 26 (2) To meet any requirements which must be met by 27 the State in order to obtain federal funds pursuant to 28 the Comprehensive Environmental Response, Compensation 29 and Liability Act of 1980, (P.L. 96-510). 30 (3) In an amount up to 30% of the amount collected 31 as fees provided for in this Section, for use by the 32 Agency to conduct groundwater protection activities, 33 including providing grants to appropriate units of local 34 government which are addressing protection of underground HB5557 Engrossed -111- LRB9212249LBpr 1 waters pursuant to the provisions of this Act. 2 (4) To fund the development and implementation of 3 the model pesticide collection program under Section 19.1 4 of the Illinois Pesticide Act. 5 (5) To the extent the Agency has received and 6 deposited monies in the Fund other than fees collected 7 under subsection (b) of this Section, to pay for the cost 8 of Agency employees for services provided in reviewing 9 the performance of response actions pursuant to Title 10 XVII of this Act. 11 (6) In an amount up to 15% of the fees collected 12 annually under subsection (b) of this Section, for use by 13 the Agency for administration of the provisions of this 14 Section. 15 (e) The Agency shall deposit 10% of all receipts 16 collected under subsection (b) of this Section, but not to 17 exceed $200,000 per year, in the State Treasury to the credit 18 of the Hazardous Waste Research Fund established by this Act. 19 Pursuant to appropriation, all monies in such Fund shall be 20 used by the Department of Natural Resources for the purposes 21 set forth in this subsection. 22 The Department of Natural Resources may enter into 23 contracts with business, industrial, university, governmental 24 or other qualified individuals or organizations to assist in 25 the research and development intended to recycle, reduce the 26 volume of, separate, detoxify or reduce the hazardous 27 properties of hazardous wastes in Illinois. Monies in the 28 Fund may also be used by the Department of Natural Resources 29 for technical studies, monitoring activities, and educational 30 and research activities which are related to the protection 31 of underground waters. Monies in the Hazardous Waste 32 Research Fund may be used to administer the Illinois Health 33 and Hazardous Substances Registry Act. Monies in the 34 Hazardous Waste Research Fund shall not be used for any HB5557 Engrossed -112- LRB9212249LBpr 1 sanitary landfill or the acquisition or construction of any 2 facility. This does not preclude the purchase of equipment 3 for the purpose of public demonstration projects. The 4 Department of Natural Resources shall adopt guidelines for 5 cost sharing, selecting, and administering projects under 6 this subsection. 7 (f) Notwithstanding any other provision or rule of law, 8 and subject only to the defenses set forth in subsection (j) 9 of this Section, the following persons shall be liable for 10 all costs of removal or remedial action incurred by the State 11 of Illinois or any unit of local government as a result of a 12 release or substantial threat of a release of a hazardous 13 substance or pesticide: 14 (1) the owner and operator of a facility or vessel 15 from which there is a release or substantial threat of 16 release of a hazardous substance or pesticide; 17 (2) any person who at the time of disposal, 18 transport, storage or treatment of a hazardous substance 19 or pesticide owned or operated the facility or vessel 20 used for such disposal, transport, treatment or storage 21 from which there was a release or substantial threat of a 22 release of any such hazardous substance or pesticide; 23 (3) any person who by contract, agreement, or 24 otherwise has arranged with another party or entity for 25 transport, storage, disposal or treatment of hazardous 26 substances or pesticides owned, controlled or possessed 27 by such person at a facility owned or operated by another 28 party or entity from which facility there is a release or 29 substantial threat of a release of such hazardous 30 substances or pesticides; and 31 (4) any person who accepts or accepted any 32 hazardous substances or pesticides for transport to 33 disposal, storage or treatment facilities or sites from 34 which there is a release or a substantial threat of a HB5557 Engrossed -113- LRB9212249LBpr 1 release of a hazardous substance or pesticide. 2 Any monies received by the State of Illinois pursuant to 3 this subsection (f) shall be deposited in the State Treasury 4 to the credit of the Hazardous Waste Fund. 5 In accordance with the other provisions of this Section, 6 costs of removal or remedial action incurred by a unit of 7 local government may be recovered in an action before the 8 Board brought by the unit of local government under 9 subsection (i) of this Section. Any monies so recovered 10 shall be paid to the unit of local government. 11 (g)(1) No indemnification, hold harmless, or similar 12 agreement or conveyance shall be effective to transfer 13 from the owner or operator of any vessel or facility or 14 from any person who may be liable for a release or 15 substantial threat of a release under this Section, to 16 any other person the liability imposed under this 17 Section. Nothing in this Section shall bar any agreement 18 to insure, hold harmless or indemnify a party to such 19 agreements for any liability under this Section. 20 (2) Nothing in this Section, including the 21 provisions of paragraph (g)(1) of this Section, shall bar 22 a cause of action that an owner or operator or any other 23 person subject to liability under this Section, or a 24 guarantor, has or would have, by reason of subrogation or 25 otherwise against any person. 26 (h) For purposes of this Section: 27 (1) The term "facility" means: 28 (A) any building, structure, installation, 29 equipment, pipe or pipeline including but not 30 limited to any pipe into a sewer or publicly owned 31 treatment works, well, pit, pond, lagoon, 32 impoundment, ditch, landfill, storage container, 33 motor vehicle, rolling stock, or aircraft; or 34 (B) any site or area where a hazardous HB5557 Engrossed -114- LRB9212249LBpr 1 substance has been deposited, stored, disposed of, 2 placed, or otherwise come to be located. 3 (2) The term "owner or operator" means: 4 (A) any person owning or operating a vessel or 5 facility; 6 (B) in the case of an abandoned facility, any 7 person owning or operating the abandoned facility or 8 any person who owned, operated, or otherwise 9 controlled activities at the abandoned facility 10 immediately prior to such abandonment; 11 (C) in the case of a land trust as defined in 12 Section 2 of the Land Trustee as Creditor Act, the 13 person owning the beneficial interest in the land 14 trust; 15 (D) in the case of a fiduciary (other than a 16 land trustee), the estate, trust estate, or other 17 interest in property held in a fiduciary capacity, 18 and not the fiduciary. For the purposes of this 19 Section, "fiduciary" means a trustee, executor, 20 administrator, guardian, receiver, conservator or 21 other person holding a facility or vessel in a 22 fiduciary capacity; 23 (E) in the case of a "financial institution", 24 meaning the Illinois Housing Development Authority 25 and that term as defined in Section 2 of the 26 Illinois Banking Act, that has acquired ownership, 27 operation, management, or control of a vessel or 28 facility through foreclosure or under the terms of a 29 security interest held by the financial institution 30 or under the terms of an extension of credit made by 31 the financial institution, the financial institution 32 only if the financial institution takes possession 33 of the vessel or facility and the financial 34 institution exercises actual, direct, and continual HB5557 Engrossed -115- LRB9212249LBpr 1 or recurrent managerial control in the operation of 2 the vessel or facility that causes a release or 3 substantial threat of a release of a hazardous 4 substance or pesticide resulting in removal or 5 remedial action; 6 (F) In the case of an owner of residential 7 property, the owner if the owner is a person other 8 than an individual, or if the owner is an individual 9 who owns more than 10 dwelling units in Illinois, or 10 if the owner, or an agent, representative, 11 contractor, or employee of the owner, has caused, 12 contributed to, or allowed the release or threatened 13 release of a hazardous substance or pesticide. The 14 term "residential property" means single family 15 residences of one to 4 dwelling units, including 16 accessory land, buildings, or improvements 17 incidental to those dwellings that are exclusively 18 used for the residential use. For purposes of this 19 subparagraph (F), the term "individual" means a 20 natural person, and shall not include corporations, 21 partnerships, trusts, or other non-natural persons. 22 (G) In the case of any facility, title or 23 control of which was conveyed due to bankruptcy, 24 foreclosure, tax delinquency, abandonment, or 25 similar means to a unit of State or local 26 government, any person who owned, operated, or 27 otherwise controlled activities at the facility 28 immediately beforehand. 29 (H) The term "owner or operator" does not 30 include a unit of State or local government which 31 acquired ownership or control through bankruptcy, 32 tax delinquency, abandonment, or other circumstances 33 in which the government acquires title by virtue of 34 its function as sovereign. The exclusion provided HB5557 Engrossed -116- LRB9212249LBpr 1 under this paragraph shall not apply to any State or 2 local government which has caused or contributed to 3 the release or threatened release of a hazardous 4 substance from the facility, and such a State or 5 local government shall be subject to the provisions 6 of this Act in the same manner and to the same 7 extent, both procedurally and substantively, as any 8 nongovernmental entity, including liability under 9 Section 22.2(f). 10 (i) The costs and damages provided for in this Section 11 may be imposed by the Board in an action brought before the 12 Board in accordance with Title VIII of this Act, except that 13 Section 33(c) of this Act shall not apply to any such action. 14 (j) (1) There shall be no liability under this Section 15 for a person otherwise liable who can establish by a 16 preponderance of the evidence that the release or substantial 17 threat of release of a hazardous substance and the damages 18 resulting therefrom were caused solely by: 19 (A) an act of God; 20 (B) an act of war; 21 (C) an act or omission of a third party other than 22 an employee or agent of the defendant, or other than one 23 whose act or omission occurs in connection with a 24 contractual relationship, existing directly or 25 indirectly, with the defendant (except where the sole 26 contractual arrangement arises from a published tariff 27 and acceptance for carriage by a common carrier by rail), 28 if the defendant establishes by a preponderance of the 29 evidence that (i) he exercised due care with respect to 30 the hazardous substance concerned, taking into 31 consideration the characteristics of such hazardous 32 substance, in light of all relevant facts and 33 circumstances, and (ii) he took precautions against 34 foreseeable acts or omissions of any such third party and HB5557 Engrossed -117- LRB9212249LBpr 1 the consequences that could foreseeably result from such 2 acts or omissions; or 3 (D) any combination of the foregoing paragraphs. 4 (2) There shall be no liability under this Section for 5 any release permitted by State or federal law. 6 (3) There shall be no liability under this Section for 7 damages as a result of actions taken or omitted in the course 8 of rendering care, assistance, or advice in accordance with 9 this Section or the National Contingency Plan pursuant to the 10 Comprehensive Environmental Response, Compensation and 11 Liability Act of 1980 (P.L. 96-510) or at the direction of an 12 on-scene coordinator appointed under such plan, with respect 13 to an incident creating a danger to public health or welfare 14 or the environment as a result of any release of a hazardous 15 substance or a substantial threat thereof. This subsection 16 shall not preclude liability for damages as the result of 17 gross negligence or intentional misconduct on the part of 18 such person. For the purposes of the preceding sentence, 19 reckless, willful, or wanton misconduct shall constitute 20 gross negligence. 21 (4) There shall be no liability under this Section for 22 any person (including, but not limited to, an owner of 23 residential property who applies a pesticide to the 24 residential property or who has another person apply a 25 pesticide to the residential property) for response costs or 26 damages as the result of the storage, handling and use, or 27 recommendation for storage, handling and use, of a pesticide 28 consistent with: 29 (A) its directions for storage, handling and use as 30 stated in its label or labeling; 31 (B) its warnings and cautions as stated in its 32 label or labeling; and 33 (C) the uses for which it is registered under the 34 Federal Insecticide, Fungicide and Rodenticide Act and HB5557 Engrossed -118- LRB9212249LBpr 1 the Illinois Pesticide Act. 2 (4.5) There shall be no liability under subdivision 3 (f)(1) of this Section for response costs or damages as the 4 result of a release of a pesticide from an agrichemical 5 facility site if the Agency has received notice from the 6 Department of Agriculture pursuant to Section 19.3 of the 7 Illinois Pesticide Act, the owner or operator of the 8 agrichemical facility is proceeding with a corrective action 9 plan under the Agrichemical Facility Response Action Program 10 implemented under that Section, and the Agency has provided a 11 written endorsement of a corrective action plan. 12 (4.6) There shall be no liability under subdivision 13 (f)(1) of this Section for response costs or damages as the 14 result of a substantial threat of a release of a pesticide 15 from an agrichemical facility site if the Agency has received 16 notice from the Department of Agriculture pursuant to Section 17 19.3 of the Illinois Pesticide Act and the owner or operator 18 of the agrichemical facility is proceeding with a corrective 19 action plan under the Agrichemical Facility Response Action 20 Program implemented under that Section. 21 (5) Nothing in this subsection (j) shall affect or 22 modify in any way the obligations or liability of any person 23 under any other provision of this Act or State or federal 24 law, including common law, for damages, injury, or loss 25 resulting from a release or substantial threat of a release 26 of any hazardous substance or for removal or remedial action 27 or the costs of removal or remedial action of such hazardous 28 substance. 29 (6)(A) The term "contractual relationship", for the 30 purpose of this subsection includes, but is not limited to, 31 land contracts, deeds or other instruments transferring title 32 or possession, unless the real property on which the facility 33 concerned is located was acquired by the defendant after the 34 disposal or placement of the hazardous substance on, in, or HB5557 Engrossed -119- LRB9212249LBpr 1 at the facility, and one or more of the circumstances 2 described in clause (i), (ii), or (iii) of this paragraph is 3 also established by the defendant by a preponderance of the 4 evidence: 5 (i) At the time the defendant acquired the facility 6 the defendant did not know and had no reason to know that 7 any hazardous substance which is the subject of the 8 release or threatened release was disposed of on, in or 9 at the facility. 10 (ii) The defendant is a government entity which 11 acquired the facility by escheat, or through any other 12 involuntary transfer or acquisition, or through the 13 exercise of eminent domain authority by purchase or 14 condemnation. 15 (iii) The defendant acquired the facility by 16 inheritance or bequest. 17 In addition to establishing the foregoing, the defendant 18 must establish that he has satisfied the requirements of 19 subparagraph (C) of paragraph (l) of this subsection (j). 20 (B) To establish the defendant had no reason to know, as 21 provided in clause (i) of subparagraph (A) of this paragraph, 22 the defendant must have undertaken, at the time of 23 acquisition, all appropriate inquiry into the previous 24 ownership and uses of the property consistent with good 25 commercial or customary practice in an effort to minimize 26 liability. For purposes of the preceding sentence, the court 27 shall take into account any specialized knowledge or 28 experience on the part of the defendant, the relationship of 29 the purchase price to the value of the property if 30 uncontaminated, commonly known or reasonably ascertainable 31 information about the property, the obviousness of the 32 presence or likely presence of contamination at the property, 33 and the ability to detect such contamination by appropriate 34 inspection. HB5557 Engrossed -120- LRB9212249LBpr 1 (C) Nothing in this paragraph (6) or in subparagraph (C) 2 of paragraph (1) of this subsection shall diminish the 3 liability of any previous owner or operator of such facility 4 who would otherwise be liable under this Act. Notwithstanding 5 this paragraph (6), if the defendant obtained actual 6 knowledge of the release or threatened release of a hazardous 7 substance at such facility when the defendant owned the real 8 property and then subsequently transferred ownership of the 9 property to another person without disclosing such knowledge, 10 such defendant shall be treated as liable under subsection 11 (f) of this Section and no defense under subparagraph (C) of 12 paragraph (1) of this subsection shall be available to such 13 defendant. 14 (D) Nothing in this paragraph (6) shall affect the 15 liability under this Act of a defendant who, by any act or 16 omission, caused or contributed to the release or threatened 17 release of a hazardous substance which is the subject of the 18 action relating to the facility. 19 (E) (i) Except as provided in clause (ii) of this 20 subparagraph (E), a defendant who has acquired real property 21 shall have established a rebuttable presumption against all 22 State claims and a conclusive presumption against all private 23 party claims that the defendant has made all appropriate 24 inquiry within the meaning of subdivision (6)(B) of this 25 subsection (j) if the defendant proves that immediately prior 26 to or at the time of the acquisition: 27 (I) the defendant obtained a Phase I Environmental 28 Audit of the real property that meets or exceeds the 29 requirements of this subparagraph (E), and the Phase I 30 Environmental Audit did not disclose the presence or 31 likely presence of a release or a substantial threat of a 32 release of a hazardous substance or pesticide at, on, to, 33 or from the real property; or 34 (II) the defendant obtained a Phase II HB5557 Engrossed -121- LRB9212249LBpr 1 Environmental Audit of the real property that meets or 2 exceeds the requirements of this subparagraph (E), and 3 the Phase II Environmental Audit did not disclose the 4 presence or likely presence of a release or a substantial 5 threat of a release of a hazardous substance or pesticide 6 at, on, to, or from the real property. 7 (ii) No presumption shall be created under clause (i) of 8 this subparagraph (E), and a defendant shall be precluded 9 from demonstrating that the defendant has made all 10 appropriate inquiry within the meaning of subdivision (6)(B) 11 of this subsection (j), if: 12 (I) the defendant fails to obtain all Environmental 13 Audits required under this subparagraph (E) or any such 14 Environmental Audit fails to meet or exceed the 15 requirements of this subparagraph (E); 16 (II) a Phase I Environmental Audit discloses the 17 presence or likely presence of a release or a substantial 18 threat of a release of a hazardous substance or pesticide 19 at, on, to, or from real property, and the defendant 20 fails to obtain a Phase II Environmental Audit; 21 (III) a Phase II Environmental Audit discloses the 22 presence or likely presence of a release or a substantial 23 threat of a release of a hazardous substance or pesticide 24 at, on, to, or from the real property; 25 (IV) the defendant fails to maintain a written 26 compilation and explanatory summary report of the 27 information reviewed in the course of each Environmental 28 Audit under this subparagraph (E); or 29 (V) there is any evidence of fraud, material 30 concealment, or material misrepresentation by the 31 defendant of environmental conditions or of related 32 information discovered during the course of an 33 Environmental Audit. 34 (iii) For purposes of this subparagraph (E), the term HB5557 Engrossed -122- LRB9212249LBpr 1 "environmental professional" means an individual (other than 2 a practicing attorney) who, through academic training, 3 occupational experience, and reputation (such as engineers, 4 industrial hygienists, or geologists) can objectively conduct 5 one or more aspects of an Environmental Audit and who either: 6 (I) maintains at the time of the Environmental 7 Audit and for at least one year thereafter at least 8 $500,000 of environmental consultants' professional 9 liability insurance coverage issued by an insurance 10 company licensed to do business in Illinois; or 11 (II) is an Illinois licensed professional engineer 12 or an Illinois licensed industrial hygienist. 13 An environmental professional may employ persons who are 14 not environmental professionals to assist in the preparation 15 of an Environmental Audit if such persons are under the 16 direct supervision and control of the environmental 17 professional. 18 (iv) For purposes of this subparagraph (E), the term 19 "real property" means any interest in any parcel of land, and 20shall not be limited to the definition of the term "real21property" contained in the Responsible Property Transfer Act22of 1988. For purposes of this subparagraph (E), the term23"real property"includes, but is not limited to, buildings, 24 fixtures, and improvements. 25 (v) For purposes of this subparagraph (E), the term 26 "Phase I Environmental Audit" means an investigation of real 27 property, conducted by environmental professionals, to 28 discover the presence or likely presence of a release or a 29 substantial threat of a release of a hazardous substance or 30 pesticide at, on, to, or from real property, and whether a 31 release or a substantial threat of a release of a hazardous 32 substance or pesticide has occurred or may occur at, on, to, 33 or from the real property. The investigation shall include a 34 review of at least each of the following sources of HB5557 Engrossed -123- LRB9212249LBpr 1 information concerning the current and previous ownership and 2 use of the real property: 3 (I) Recorded chain of title documents regarding the 4 real property, including all deeds, easements, leases, 5 restrictions, and covenants for a period of 50 years. 6 (II) Aerial photographs that may reflect prior uses 7 of the real property and that are reasonably obtainable 8 through State, federal, or local government agencies or 9 bodies. 10 (III) Recorded environmental cleanup liens, if any, 11 against the real property that have arisen pursuant to 12 this Act or federal statutes. 13 (IV) Reasonably obtainable State, federal, and 14 local government records of sites or facilities at, on, 15 or near the real property to discover the presence or 16 likely presence of a hazardous substance or pesticide, 17 and whether a release or a substantial threat of a 18 release of a hazardous substance or pesticide has 19 occurred or may occur at, on, to, or from the real 20 property. Such government records shall include, but not 21 be limited to: reasonably obtainable State, federal, and 22 local government investigation reports for those sites or 23 facilities; reasonably obtainable State, federal, and 24 local government records of activities likely to cause or 25 contribute to a release or a threatened release of a 26 hazardous substance or pesticide at, on, to, or from the 27 real property, including landfill and other treatment, 28 storage, and disposal location records, underground 29 storage tank records, hazardous waste transporter and 30 generator records, and spill reporting records; and other 31 reasonably obtainable State, federal, and local 32 government environmental records that report incidents or 33 activities that are likely to cause or contribute to a 34 release or a threatened release of a hazardous substance HB5557 Engrossed -124- LRB9212249LBpr 1 or pesticide at, on, to, or from the real property. In 2 order to be deemed "reasonably obtainable" as required 3 herein, a copy or reasonable facsimile of the record must 4 be obtainable from the government agency by request and 5 upon payment of a processing fee, if any, established by 6 the government agency. The Agency is authorized to 7 establish a reasonable fee for processing requests 8 received under this subparagraph (E) for records. All 9 fees collected by the Agency under this clause (v)(IV) 10 shall be deposited into the Environmental Protection 11 Permit and Inspection Fund in accordance with Section 12 22.8. 13 Notwithstanding any other law,if the fee is paid,14commencing on the effective date of this amendatory Act15of 1993 and until one year after the effective date of16this amendatory Act of 1993, the Agency shall use its17best efforts to process a request received under this18subparagraph (E) as expeditiously as possible.19Notwithstanding any other law, commencing one year after20the effective date of this amendatory Act of 1993,if the 21 fee is paid, the Agency shall process a request received 22 under this subparagraph (E) for records within 30 days of 23 the receipt of such request. 24 (V) A visual site inspection of the real property 25 and all facilities and improvements on the real property 26 and a visual inspection of properties immediately 27 adjacent to the real property, including an investigation 28 of any use, storage, treatment, spills from use, or 29 disposal of hazardous substances, hazardous wastes, solid 30 wastes, or pesticides. If the person conducting the 31 investigation is denied access to any property adjacent 32 to the real property, the person shall conduct a visual 33 inspection of that adjacent property from the property to 34 which the person does have access and from public HB5557 Engrossed -125- LRB9212249LBpr 1 rights-of-way. 2 (VI) A review of business records for activities at 3 or on the real property for a period of 50 years. 4 (vi) For purposes of subparagraph (E), the term "Phase 5 II Environmental Audit" means an investigation of real 6 property, conducted by environmental professionals, 7 subsequent to a Phase I Environmental Audit. If the Phase I 8 Environmental Audit discloses the presence or likely presence 9 of a hazardous substance or a pesticide or a release or a 10 substantial threat of a release of a hazardous substance or 11 pesticide: 12 (I) In or to soil, the defendant, as part of the 13 Phase II Environmental Audit, shall perform a series of 14 soil borings sufficient to determine whether there is a 15 presence or likely presence of a hazardous substance or 16 pesticide and whether there is or has been a release or a 17 substantial threat of a release of a hazardous substance 18 or pesticide at, on, to, or from the real property. 19 (II) In or to groundwater, the defendant, as part 20 of the Phase II Environmental Audit, shall: review 21 information regarding local geology, water well 22 locations, and locations of waters of the State as may be 23 obtained from State, federal, and local government 24 records, including but not limited to the United States 25 Geological Service, the State Geological Survey Division 26 of the Department of Natural Resources, and the State 27 Water Survey Division of the Department of Natural 28 Resources; and perform groundwater monitoring sufficient 29 to determine whether there is a presence or likely 30 presence of a hazardous substance or pesticide, and 31 whether there is or has been a release or a substantial 32 threat of a release of a hazardous substance or pesticide 33 at, on, to, or from the real property. 34 (III) On or to media other than soil or HB5557 Engrossed -126- LRB9212249LBpr 1 groundwater, the defendant, as part of the Phase II 2 Environmental Audit, shall perform an investigation 3 sufficient to determine whether there is a presence or 4 likely presence of a hazardous substance or pesticide, 5 and whether there is or has been a release or a 6 substantial threat of a release of a hazardous substance 7 or pesticide at, on, to, or from the real property. 8 (vii) The findings of each Environmental Audit prepared 9 under this subparagraph (E) shall be set forth in a written 10 audit report. Each audit report shall contain an affirmation 11 by the defendant and by each environmental professional who 12 prepared the Environmental Audit that the facts stated in the 13 report are true and are made under a penalty of perjury as 14 defined in Section 32-2 of the Criminal Code of 1961. It is 15 perjury for any person to sign an audit report that contains 16 a false material statement that the person does not believe 17 to be true. 18 (viii) The Agency is not required to review, approve, or 19 certify the results of any Environmental Audit. The 20 performance of an Environmental Audit shall in no way entitle 21 a defendant to a presumption of Agency approval or 22 certification of the results of the Environmental Audit. 23 The presence or absence of a disclosure document prepared 24 under the Responsible Property Transfer Act of 1988 shall not 25 be a defense under this Act and shall not satisfy the 26 requirements of subdivision (6)(A) of this subsection (j). 27 (7) No person shall be liable under this Section for 28 response costs or damages as the result of a pesticide 29 release if the Agency has found that a pesticide release 30 occurred based on a Health Advisory issued by the U.S. 31 Environmental Protection Agency or an action level developed 32 by the Agency, unless the Agency notified the manufacturer of 33 the pesticide and provided an opportunity of not less than 30 34 days for the manufacturer to comment on the technical and HB5557 Engrossed -127- LRB9212249LBpr 1 scientific justification supporting the Health Advisory or 2 action level. 3 (8) No person shall be liable under this Section for 4 response costs or damages as the result of a pesticide 5 release that occurs in the course of a farm pesticide 6 collection program operated under Section 19.1 of the 7 Illinois Pesticide Act, unless the release results from gross 8 negligence or intentional misconduct. 9 (k) If any person who is liable for a release or 10 substantial threat of release of a hazardous substance or 11 pesticide fails without sufficient cause to provide removal 12 or remedial action upon or in accordance with a notice and 13 request by the Agency or upon or in accordance with any order 14 of the Board or any court, such person may be liable to the 15 State for punitive damages in an amount at least equal to, 16 and not more than 3 times, the amount of any costs incurred 17 by the State of Illinois as a result of such failure to take 18 such removal or remedial action. The punitive damages 19 imposed by the Board shall be in addition to any costs 20 recovered from such person pursuant to this Section and in 21 addition to any other penalty or relief provided by this Act 22 or any other law. 23 Any monies received by the State pursuant to this 24 subsection (k) shall be deposited in the Hazardous Waste 25 Fund. 26 (l) Beginning January 1, 1988, the Agency shall annually 27 collect a $250 fee for each Special Waste Hauling Permit 28 Application and, in addition, shall collect a fee of $20 for 29 each waste hauling vehicle identified in the annual permit 30 application and for each vehicle which is added to the permit 31 during the annual period. The Agency shall deposit 85% of 32 such fees collected under this subsection in the State 33 Treasury to the credit of the Hazardous Waste Research Fund; 34 and shall deposit the remaining 15% of such fees collected in HB5557 Engrossed -128- LRB9212249LBpr 1 the State Treasury to the credit of the Environmental 2 Protection Permit and Inspection Fund. The majority of such 3 receipts which are deposited in the Hazardous Waste Research 4 Fund pursuant to this subsection shall be used by the 5 Department of Natural Resources for activities which relate 6 to the protection of underground waters. Persons engaged in 7 the offsite transportation of hazardous waste by highway and 8 participating in the Uniform Program under subsection (l-5) 9 are not required to file a Special Waste Hauling Permit 10 Application. 11 (l-5) (1) As used in this subsection: 12 "Base state" means the state selected by a 13 transporter according to the procedures established under 14 the Uniform Program. 15 "Base state agreement" means an agreement between 16 participating states electing to register or permit 17 transporters. 18 "Participating state" means a state electing to 19 participate in the Uniform Program by entering into a 20 base state agreement. 21 "Transporter" means a person engaged in the offsite 22 transportation of hazardous waste by highway. 23 "Uniform application" means the uniform registration 24 and permit application form prescribed under the Uniform 25 Program. 26 "Uniform Program" means the Uniform State Hazardous 27 Materials Transportation Registration and Permit Program 28 established in the report submitted and amended pursuant 29 to 49 U.S.C. Section 5119(b), as implemented by the 30 Agency under this subsection. 31 "Vehicle" means any self-propelled motor vehicle, 32 except a truck tractor without a trailer, designed or 33 used for the transportation of hazardous waste subject to 34 the hazardous waste manifesting requirements of 40 U.S.C. HB5557 Engrossed -129- LRB9212249LBpr 1 Section 6923(a)(3). 2 (2) Beginning July 1, 1998, the Agency shall 3 implement the Uniform State Hazardous Materials 4 Transportation Registration and Permit Program. On and 5 after that date, no person shall engage in the offsite 6 transportation of hazardous waste by highway without 7 registering and obtaining a permit under the Uniform 8 Program. A transporter with its principal place of 9 business in Illinois shall register with and obtain a 10 permit from the Agency. A transporter that designates 11 another participating state in the Uniform Program as its 12 base state shall likewise register with and obtain a 13 permit from that state before transporting hazardous 14 waste in Illinois. 15 (3) Beginning July 1, 1998, the Agency shall 16 annually collect no more than a $250 processing and audit 17 fee from each transporter of hazardous waste who has 18 filed a uniform application and, in addition, the Agency 19 shall annually collect an apportioned vehicle 20 registration fee of $20. The amount of the apportioned 21 vehicle registration fee shall be calculated consistent 22 with the procedures established under the Uniform 23 Program. 24 All moneys received by the Agency from the 25 collection of fees pursuant to the Uniform Program shall 26 be deposited into the Hazardous Waste Transporter account 27 hereby created within the Environmental Protection Permit 28 and Inspection Fund. Moneys remaining in the account at 29 the close of the fiscal year shall not lapse to the 30 General Revenue Fund. The State Treasurer may receive 31 money or other assets from any source for deposit into 32 the account. The Agency may expend moneys from the 33 account, upon appropriation, for the implementation of 34 the Uniform Program, including the costs to the Agency of HB5557 Engrossed -130- LRB9212249LBpr 1 fee collection and administration. In addition, funds 2 not expended for the implementation of the Uniform 3 Program may be utilized for emergency response and 4 cleanup activities related to hazardous waste 5 transportation that are initiated by the Agency. 6 Whenever the amount of the Hazardous Waste 7 Transporter account exceeds by 115% the amount annually 8 appropriated by the General Assembly, the Agency shall credit 9 participating transporters an amount, proportionately based 10 on the amount of the vehicle fee paid, equal to the excess in 11 the account, and shall determine the need to reduce the 12 amount of the fee charged transporters in the subsequent 13 fiscal year by the amount of the credit. 14 (4) (A) The Agency may propose and the Board shall 15 adopt rules as necessary to implement and enforce the 16 Uniform Program. The Agency is authorized to enter into 17 agreements with other agencies of this State as necessary 18 to carry out administrative functions or enforcement of 19 the Uniform Program. 20 (B) The Agency shall recognize a Uniform Program 21 registration as valid for one year from the date a notice 22 of registration form is issued and a permit as valid for 23 3 years from the date issued or until a transporter fails 24 to renew its registration, whichever occurs first. 25 (C) The Agency may inspect or examine any motor 26 vehicle or facility operated by a transporter, including 27 papers, books, records, documents, or other materials to 28 determine if a transporter is complying with the Uniform 29 Program. The Agency may also conduct investigations and 30 audits as necessary to determine if a transporter is 31 entitled to a permit or to make suspension or revocation 32 determinations consistent with the standards of the 33 Uniform Program. 34 (5) The Agency may enter into agreements with HB5557 Engrossed -131- LRB9212249LBpr 1 federal agencies, national repositories, or other 2 participating states as necessary to allow for the 3 reciprocal registration and permitting of transporters 4 pursuant to the Uniform Program. The agreements may 5 include procedures for determining a base state, the 6 collection and distribution of registration fees, dispute 7 resolution, the exchange of information for reporting and 8 enforcement purposes, and other provisions necessary to 9 fully implement, administer, and enforce the Uniform 10 Program. 11 (m) (Blank). 12 (n) (Blank). 13 (Source: P.A. 90-14, eff. 7-1-97; 90-219, eff. 7-25-97; 14 90-773, eff. 8-14-98; 91-36, eff. 6-15-99.) 15 (415 ILCS 5/22.2b) 16 Sec. 22.2b. Limit of liability for prospective purchasers 17 of real property. 18 (a) The State of Illinois may grant a release of 19 liability that provides that a person is not potentially 20 liable under subsection (f) of Section 22.2 of this Act as a 21 result of a release or a threatened release of a hazardous 22 substance or pesticide if: 23 (1) the person performs the response actions to 24 remove or remedy all releases or threatened releases of a 25 hazardous substance or pesticide at an identified area or 26 at identified areas of the property in accordance with a 27 response action plan approved by the Agency under this 28 Section; 29 (2) the person did not cause, allow, or contribute 30 to the release or threatened release of a hazardous 31 substance or pesticide through any act or omission; 32 (3) the person requests, in writing, that the 33 Agency provide review and evaluation servicesunderHB5557 Engrossed -132- LRB9212249LBpr 1subsection (m) of Section 22.2 of this Actand the Agency 2 agrees to provide the review and evaluation services; and 3 (4) the person is not otherwise liable under 4 subsection (f) of Section 22.2 under, and complies with, 5 regulations adopted by the Agency under subsection (e). 6 (b) The Agency may approve a response action plan under 7 this Section, including but not limited to a response action 8 plan that does not require the removal or remedy of all 9 releases or threatened releases of hazardous substances or 10 pesticides, if the person described under subsection (a) 11 proves: 12 (1) the response action will prevent or mitigate 13 immediate and significant risk of harm to human life and 14 health and the environment; 15 (2) activities at the property will not cause, 16 allow, contribute to, or aggravate the release or 17 threatened release of a hazardous substance or pesticide; 18 (3) due consideration has been given to the effect 19 that activities at the property will have on the health 20 of those persons likely to be present at the property; 21 (4) irrevocable access to the property is given to 22 the State of Illinois and its authorized representatives; 23 (5) the person is financially capable of performing 24 the proposed response action; and 25 (6) the person complies with regulations adopted by 26 the Agency under subsection (e). 27 (c) The limit of liability granted by the State of 28 Illinois under this Section does not apply to any person: 29 (1) Who is potentially liable under subsection (f) 30 of Section 22.2 of this Act for any costs of removal or 31 remedial action incurred by the State of Illinois or any 32 unit of local government as a result of the release or 33 substantial threat of a release of a hazardous substance 34 or pesticide that was the subject of the response action HB5557 Engrossed -133- LRB9212249LBpr 1 plan approved by the Agency under this Section. 2 (2) Who agrees to perform the response action 3 contained in a response action plan approved by the 4 Agency under this Section and fails to perform in 5 accordance with the approved response action plan. 6 (3) Whose willful and wanton conduct contributes to 7 a release or threatened release of a hazardous substance 8 or pesticide. 9 (4) Whose negligent conduct contributes to a 10 release or threatened release of a hazardous substance or 11 pesticide. 12 (5) Who is seeking a construction or development 13 permit for a new municipal waste incinerator or other new 14 waste-to-energy facility. 15 (d) If a release or threatened release of a hazardous 16 substance or pesticide occurs within the area identified in 17 the response action plan approved by the Agency under this 18 Section and such release or threatened release is not 19 specifically identified in the response action plan, for any 20 person to whom this Section applies, the numeric cleanup 21 level established by the Agency in the response action plan 22 shall also apply to the release or threatened release not 23 specifically identified in the response action plan if the 24 response action plan has a numeric cleanup level for the 25 hazardous substance or pesticide released or threatened to be 26 released. Nothing in this subsection (d) shall limit the 27 authority of the Agency to require, for any person to whom 28 this Section does not apply, a numeric cleanup level that 29 differs from the numeric cleanup level established in the 30 response action plan approved by the Agency under this 31 Section. 32 (e) The Agency may adopt regulations relating to this 33 Section. The regulations may include, but are not limited to, 34 both of the following: HB5557 Engrossed -134- LRB9212249LBpr 1 (1) Requirements and procedures for a response 2 action plan. 3 (2) Additional requirements that a person must meet 4 in order not to be liable under subsection (f) of Section 5 22.2. 6 (Source: P.A. 89-101, eff. 7-7-95; 90-655, eff. 7-30-98.) 7 (415 ILCS 5/22.9) (from Ch. 111 1/2, par. 1022.9) 8 Sec. 22.9. Special waste determinations. 9 (a) (Blank.)The Department shall complete a study of10the benefits and feasibility of establishing a system of11classifying and regulating special wastes according to their12degree of hazard. Such study shall include, at a minimum, an13assessment of the degree of hazard of the special waste14streams produced in the State, alternative systems for15classifying these wastes according to their degree of hazard16and an evaluation of the benefits of assessing hazardous17waste fees and developing storage, treatment and disposal18standards based on such classes of wastes. The Department19shall report to the Governor, the General Assembly and the20Pollution Control Board with the results of such study no21later than July 1, 1985.22 (b)Following the completion of the Department's study,23butNot later than December 1, 1990, the Pollution Control 24 Board shall, pursuant to Title VII of the Act, adopt 25 regulations that establish standards and criteria for 26 classifying special wastes according to the degree of hazard 27 or an alternative method. 28 (c) The Board shall adopt regulations by December 1, 29 1990, establishing the standards and criteria by which the 30 Agency may determine upon written request by any person that 31 a waste or class of waste is not special waste. 32 (d) (Blank.)Until such time as the regulations required33in subsection (c) of this Section are effective, any personHB5557 Engrossed -135- LRB9212249LBpr 1may request the Agency to determine that a waste is not a2special waste. Within 60 days of receipt of a written3request, the Agency shall make a final determination, which4shall be based on whether the waste would pose a present or5potential threat to human health or to the environment or if6such waste has inherent properties which make disposal of7such waste in a landfill difficult to manage by normal means.8 (e) (Blank.)If the Agency denies a request made9pursuant to subsection (c) or (d) of this Section or if the10Agency fails to act within 60 days after receipt of such11request, the requestor may seek review before the Board12pursuant to Section 40 as if the Agency had denied an13application for a permit.14 (f) The determinations to be made under subsection (c) 15subsections (c), (d) and (e)of this Section shall not apply 16 to hazardous waste. 17 (Source: P.A. 89-445, eff. 2-7-96.) 18 (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15) 19 Sec. 22.15. Solid Waste Management Fund; fees. 20 (a) There is hereby created within the State Treasury a 21 special fund to be known as the "Solid Waste Management Fund" 22 constituted from the fees collected by the State pursuant to 23 this Section and from repayments of loans made from the Fund 24 for solid waste projects. Moneys received by the Department 25 of Commerce and Community Affairs in repayment of loans made 26 pursuant to the Illinois Solid Waste Management Act shall be 27 deposited into the Solid Waste Management Revolving Loan 28 Fund. 29 (b) On and after January 1, 1987, the Agency shall 30 assess and collect a fee in the amount set forth herein from 31 the owner or operator of each sanitary landfill permitted or 32 required to be permitted by the Agency to dispose of solid 33 waste if the sanitary landfill is located off the site where HB5557 Engrossed -136- LRB9212249LBpr 1 such waste was produced and if such sanitary landfill is 2 owned, controlled, and operated by a person other than the 3 generator of such waste. The Agency shall deposit all fees 4 collected into the Solid Waste Management Fund. If a site is 5 contiguous to one or more landfills owned or operated by the 6 same person, the volumes permanently disposed of by each 7 landfill shall be combined for purposes of determining the 8 fee under this subsection. 9 (1) If more than 150,000 cubic yards of 10 non-hazardous solid waste is permanently disposed of at a 11 site in a calendar year, the owner or operator shall 12 either pay a fee of 45 cents per cubic yard(60¢ per13cubic yard from January 1, 1989 through December 31,141993),or, alternatively, the owner or operator may weigh 15 the quantity of the solid waste permanently disposed of 16 with a device for which certification has been obtained 17 under the Weights and Measures Act and pay a fee of 95 18 cents per ton($1.27 per ton from January 1, 1989 through19December 31, 1993)of solid waste permanently disposed 20 of.An owner or operator that is subject to any fee,21tax, or surcharge imposed under the authority of22subsection (j) of this Section on September 26, 1991,23with respect to fees due to the Agency under this24paragraph after December 31, 1991 and before January 1,251994, shall deduct from the amount paid to the Agency the26amount by which the fee paid under subsection (j) exceeds2745 cents per cubic yard or 95 cents per ton.In no case 28 shall the fee collected or paid by the owner or operator 29 under this paragraph exceed $1.05 per cubic yard or $2.22 30 per ton. 31 (2) If more than 100,000 cubic yards,but not more 32 than 150,000 cubic yards of non-hazardous waste is 33 permanently disposed of at a site in a calendar year, the 34 owner or operator shall pay a fee of $25,000($33,350 inHB5557 Engrossed -137- LRB9212249LBpr 11989, 1990 and 1991). 2 (3) If more than 50,000 cubic yards,but not more 3 than 100,000 cubic yards of non-hazardous solid waste is 4 permanently disposed of at a site in a calendar year, the 5 owner or operator shall pay a fee of $11,300($15,500 in61989, 1990 and 1991). 7 (4) If more than 10,000 cubic yards,but not more 8 than 50,000 cubic yards of non-hazardous solid waste is 9 permanently disposed of at a site in a calendar year, the 10 owner or operator shall pay a fee of $3,450($4,650 in111989, 1990 and 1991). 12 (5) If not more than 10,000 cubic yards of 13 non-hazardous solid waste is permanently disposed of at a 14 site in a calendar year, the owner or operator shall pay 15 a fee of $500($650 in 1989, 1990 and 1991). 16 (c) (Blank.)From January 1, 1987 through December 31,171988, the fee set forth in this Section shall not apply to:18(1) Solid waste which is hazardous waste;19(2) Any landfill which is permitted by the Agency20to receive only demolition or construction debris or21landscape waste; or22(3) The following wastes:23(A) Foundry sand;24(B) Coal combustion by-product, including25scrubber waste and fluidized bed boiler waste which26does not contain metal cleaning waste;27(C) Slag from the manufacture of iron and28steel;29(D) Pollution Control Waste;30(E) Wastes from recycling, reclamation or31reuse processes designed to remove any contaminant32from wastes so as to render such wastes reusable,33provided that the process renders at least 50% of34the waste reusable;HB5557 Engrossed -138- LRB9212249LBpr 1(F) Non-hazardous solid waste that is received2at a sanitary landfill after January 1, 1987 and3recycled through a process permitted by the Agency.4 (d) The Agency shall establish rules relating to the 5 collection of the fees authorized by this Section. Such 6 rules shall include, but not be limited to: 7 (1) necessary records identifying the quantities of 8 solid waste received or disposed; 9 (2) the form and submission of reports to accompany 10 the payment of fees to the Agency; 11 (3) the time and manner of payment of fees to the 12 Agency, which payments shall not be more often than 13 quarterly; and 14 (4) procedures setting forth criteria establishing 15 when an owner or operator may measure by weight or volume 16 during any given quarter or other fee payment period. 17 (e) Pursuant to appropriation, all monies in the Solid 18 Waste Management Fund shall be used by the Agency and the 19 Department of Commerce and Community Affairs for the purposes 20 set forth in this Section and in the Illinois Solid Waste 21 Management Act, including for the costs of fee collection and 22 administration, and through June 30, 1989, by the University23of Illinois for research consistent with the Illinois Solid24Waste Management Act. 25 (f) The Agency is authorized to enter into such 26 agreements and to promulgate such rules as are necessary to 27 carry out its duties under this Section and the Illinois 28 Solid Waste Management Act. 29 (g) On the first day of January, April, July, and 30 October of each year, beginning on July 1, 1996, the State 31 Comptroller and Treasurer shall transfer $500,000 from the 32 Solid Waste Management Fund to the Hazardous Waste Fund. 33 Moneys transferred under this subsection (g) shall be used 34 only for the purposes set forth in item (1) of subsection (d) HB5557 Engrossed -139- LRB9212249LBpr 1 of Section 22.2. 2 (h) The Agency is authorized to provide financial 3 assistance to units of local government for the performance 4 of inspecting, investigating and enforcement activities 5 pursuant to Section 4(r) at nonhazardous solid waste disposal 6 sites. 7 (i) The Agency is authorized to support the operations 8 of an industrial materials exchange service, and to conduct 9 household waste collection and disposal programs. 10 (j) A unit of local government, as defined in the Local 11 Solid Waste Disposal Act, in which a solid waste disposal 12 facility is located may establish a fee, tax, or surcharge 13 with regard to the permanent disposal of solid waste. All 14 fees, taxes, and surcharges collected under this subsection 15 shall be utilized for solid waste management purposes, 16 including long-term monitoring and maintenance of landfills, 17 planning, implementation, inspection, enforcement and other 18 activities consistent with the Solid Waste Management Act and 19 the Local Solid Waste Disposal Act, or for any other 20 environment-related purpose, including but not limited to an 21 environment-related public works project, but not for the 22 construction of a new pollution control facility other than a 23 household hazardous waste facility. However, the total fee, 24 tax or surcharge imposed by all units of local government 25 under this subsection (j) upon the solid waste disposal 26 facility shall not exceed: 27 (1)45¢ per cubic yard (60¢ per cubic yard 28beginning January 1, 1992)if more than 150,000 cubic 29 yards of non-hazardous solid waste is permanently 30 disposed of at the site in a calendar year, unless the 31 owner or operator weighs the quantity of the solid waste 32 received with a device for which certification has been 33 obtained under the Weights and Measures Act, in which 34 case the fee shall not exceed95¢ per ton ($1.27 per ton HB5557 Engrossed -140- LRB9212249LBpr 1beginning January 1, 1992)of solid waste permanently 2 disposed of. 3 (2)$25,000 ($33,350beginning in 1992)if more 4 than 100,000 cubic yards, but not more than 150,000 cubic 5 yards, of non-hazardous waste is permanently disposed of 6 at the site in a calendar year. 7 (3)$11,300 ($15,500beginning in 1992)if more 8 than 50,000 cubic yards, but not more than 100,000 cubic 9 yards, of non-hazardous solid waste is permanently 10 disposed of at the site in a calendar year. 11 (4)$3,450 ($4,650beginning in 1992)if more than 12 10,000 cubic yards, but not more than 50,000 cubic yards, 13 of non-hazardous solid waste is permanently disposed of 14 at the site in a calendar year. 15 (5) $500 ($650beginning in 1992)if not more than 16 10,000 cubic yards of non-hazardous solid waste is 17 permanently disposed of at the site in a calendar year. 18 The corporate authorities of the unit of local government 19 may use proceeds from the fee, tax, or surcharge to reimburse 20 a highway commissioner whose road district lies wholly or 21 partially within the corporate limits of the unit of local 22 government for expenses incurred in the removal of 23 nonhazardous, nonfluid municipal waste that has been dumped 24 on public property in violation of a State law or local 25 ordinance. 26 A county or Municipal Joint Action Agency that imposes a 27 fee, tax, or surcharge under this subsection may use the 28 proceeds thereof to reimburse a municipality that lies wholly 29 or partially within its boundaries for expenses incurred in 30 the removal of nonhazardous, nonfluid municipal waste that 31 has been dumped on public property in violation of a State 32 law or local ordinance. 33 If the fees are to be used to conduct a local sanitary 34 landfill inspection or enforcement program, the unit of local HB5557 Engrossed -141- LRB9212249LBpr 1 government must enter into a written delegation agreement 2 with the Agency pursuant to subsection (r) of Section 4. The 3 unit of local government and the Agency shall enter into such 4 a written delegation agreement within 60 days after the 5 establishment of such fees.or August 23, 1988, whichever is6later. For the year commencing January 1, 1989, andAt 7 least annuallythereafter, the Agency shall conduct an audit 8 of the expenditures made by units of local government from 9 the funds granted by the Agency to the units of local 10 government for purposes of local sanitary landfill inspection 11 and enforcement programs, to ensure that the funds have been 12 expended for the prescribed purposes under the grant. 13 The fees, taxes or surcharges collected under this 14 subsection (j) shall be placed by the unit of local 15 government in a separate fund, and the interest received on 16 the moneys in the fund shall be credited to the fund. The 17 monies in the fund may be accumulated over a period of years 18 to be expended in accordance with this subsection. 19 A unit of local government, as defined in the Local Solid 20 Waste Disposal Act, shall prepare and distribute to the 21 Agency, in April of each year, a report that details spending 22 plans for monies collected in accordance with this 23 subsection. The report will at a minimum include the 24 following: 25 (1) The total monies collected pursuant to this 26 subsection. 27 (2) The most current balance of monies collected 28 pursuant to this subsection. 29 (3) An itemized accounting of all monies expended 30 for the previous year pursuant to this subsection. 31 (4) An estimation of monies to be collected for the 32 following 3 years pursuant to this subsection. 33 (5) A narrative detailing the general direction and 34 scope of future expenditures for one, 2 and 3 years. HB5557 Engrossed -142- LRB9212249LBpr 1 The exemptions granted under Sections 22.16 and 22.16a, 2 and under subsections (c) and (k) of this Section, shall be 3 applicable to any fee, tax or surcharge imposed under this 4 subsection (j); except that the fee, tax or surcharge 5 authorized to be imposed under this subsection (j) may be 6 made applicable by a unit of local government to the 7 permanent disposal of solid waste after December 31, 1986, 8 under any contract lawfully executed before June 1, 1986 9 under which more than 150,000 cubic yards (or 50,000 tons) of 10 solid waste is to be permanently disposed of, even though the 11 waste is exempt from the fee imposed by the State under 12 subsection (b) of this Section pursuant to an exemption 13 granted under Section 22.16. 14 (k) In accordance with the findings and purposes of the 15 Illinois Solid Waste Management Act, beginning January 1, 16 1989 the fee under subsection (b) and the fee, tax or 17 surcharge under subsection (j) shall not apply to: 18 (1) Waste which is hazardous waste; or 19 (2) Waste which is pollution control waste; or 20 (3) Waste from recycling, reclamation or reuse 21 processes which have been approved by the Agency as being 22 designed to remove any contaminant from wastes so as to 23 render such wastes reusable, provided that the process 24 renders at least 50% of the waste reusable; or 25 (4) Non-hazardous solid waste that is received at a 26 sanitary landfill and composted or recycled through a 27 process permitted by the Agency; or 28 (5) Any landfill which is permitted by the Agency 29 to receive only demolition or construction debris or 30 landscape waste. 31 (Source: P.A. 89-93, eff. 7-6-95; 89-443, eff. 7-1-96; 32 89-445, eff. 2-7-96; 90-14, eff. 7-1-97; 90-475, eff. 33 8-17-97.) HB5557 Engrossed -143- LRB9212249LBpr 1 (415 ILCS 5/22.16) (from Ch. 111 1/2, par. 1022.16) 2 Sec. 22.16. Fee exemptions. 3 (a) The Agency shall grant exemptions from the fee 4 requirements of Section 22.15 of this Act for permanent 5 disposal or transport of solid waste meeting all of the 6 following criteria: 7 (1) permanent disposal of the solid waste is 8 pursuant to a written contract between the owner or 9 operator of the sanitary landfill and some other person, 10 or transport of the solid waste is pursuant to a written 11 contract between the transporter and some other person; 12 (2) the contract for permanent disposal or 13 transport of solid waste was lawfully executed on or 14 before December 31, 1986, and by its express terms 15 continues beyond January 1, 1987, or was lawfully 16 executed during 1987 or 1988 and by its express terms 17 continues beyond January 1, 1989; 18 (3) the contract for permanent disposal or 19 transport of solid waste establishes a fixed fee or 20 compensation, does not allow the operator or transporter 21 to pass the fee through to another party, and does not 22 allow voluntary cancellation or re-negotiation of the 23 compensation or fee during the term of the contract; and 24 (4) the contract was lawfully executed on or before 25 December 31, 1986 and has not been amended at any time 26 after that date, or was lawfully executed during 1987 or 27 1988 and has not been amended on or after January 1, 28 1989. 29 (b) Exemptions granted under this Section shall cause 30 the solid waste received by an owner or operator of a 31 sanitary landfill pursuant to a contract exempted under this 32 Section to be disregarded in calculating the volume or weight 33 of solid waste permanently disposed of during a calendar year 34 under Section 22.15 of this Act. HB5557 Engrossed -144- LRB9212249LBpr 1 (c) (Blank.)Applications for exemptions under this2Section may be granted retroactively. Applications for3retroactive or prospective exemptions must be submitted with4proof of satisfaction of all criteria for granting the5exemption, and must be received by the Agency before March 1,61989.7 (d) It shall be the duty of an owner or operator of a 8 sanitary landfill to keep accurate records and to prove to 9 the satisfaction of the Agency the volume or weight of solid 10 waste received under an exemption during a calendar year. 11 (e) Exemptions under this Section shall expire upon the 12 expiration, renewal or amendment of the exempted contract, 13 whichever occurs first. 14 (Source: P.A. 85-1195.) 15 (415 ILCS 5/22.16a) (from Ch. 111 1/2, par. 1022.16a) 16 Sec. 22.16a. Additional fee exemptions. 17 (a) In accordance with the findings and purposes of the 18 Illinois Solid Waste Management Act, the Agency shall grant 19 exemptions from the fee requirements of Section 22.15 of this 20 Act for solid waste meeting all of the following criteria: 21 (1) the waste is non-putrescible and homogeneous 22 and does not contain free liquids; 23 (2) combustion of the waste would not provide 24 practical energy recovery or practical reduction in 25 volume; and 26 (3) the applicant for exemption demonstrates that 27 it is not technologically and economically reasonable to 28 recycle or reuse the waste. 29 (b) Exemptions granted under this Section shall cause 30 the solid waste exempted under subsection (a) which is 31 permanently disposed of by an owner or operator of a sanitary 32 landfill to be disregarded in calculating the volume or 33 weight of solid waste permanently disposed of during a HB5557 Engrossed -145- LRB9212249LBpr 1 calendar year under Section 22.15 of this Act. 2 (c) Applications for exemptions under this Section must 3 be submitted on forms provided by the Agency for such 4 purpose, together with proof of satisfaction of all criteria 5 for granting the exemption.For applications received before6March 1, 1989, exemptions issued under subsection (a) shall7be effective as of January 1, 1989.For applications 8 received on or after March 1, 1989, exemptions issued under 9 subsection (a) shall be effective beginning with the next 10 calendar quarter following issuance of the exemption. 11 (d) If the Agency denies a request made pursuant to 12 subsection (a), the applicant may seek review before the 13 Board pursuant to Section 40 as if the Agency had denied an 14 application for a permit. If the Agency fails to act within 15 90 days after receipt of an application, the request shall be 16 deemed granted until such time as the Agency has taken final 17 action. 18 (e) It shall be the duty of an owner or operator of a 19 sanitary landfill to keep accurate records and to prove to 20 the satisfaction of the Agency the volume or weight of solid 21 waste received under an exemption during a calendar year. 22 (Source: P.A. 85-1195.) 23 (415 ILCS 5/22.22) (from Ch. 111 1/2, par. 1022.22) 24 Sec. 22.22. Landscape waste. 25 (a) Beginning July 1, 1990, no person may knowingly mix 26 landscape waste that is intended for collection or for 27 disposal at a landfill with any other municipal waste. 28 (b) Beginning July 1, 1990, no person may knowingly put 29 landscape waste into a container intended for collection or 30 disposal at a landfill, unless such container is 31 biodegradable. 32 (c) Beginning July 1, 1990, no owner or operator of a 33 sanitary landfill shall accept landscape waste for final HB5557 Engrossed -146- LRB9212249LBpr 1 disposal, except that landscape waste separated from 2 municipal waste may be accepted by a sanitary landfill if (1) 3 the landfill provides and maintains for that purpose separate 4 landscape waste composting facilities and composts all 5 landscape waste, and (2) the composted waste is utilized, by 6 the operators of the landfill or by any other person, as part 7 of the final vegetative cover for the landfill or for such 8 other uses as soil conditioning material, or the landfill has 9 received an Agency permit to use source separated and 10 processed landscape waste as an alternative daily cover and 11 the landscape waste is processed at a site, other than the 12 sanitary landfill, that has received an Agency permit before 13 July 30,the effective date of this amendatory Act of1997 to 14 process landscape waste. For purposes of this Section, (i) 15 "source separated" means divided into its component parts at 16 the point of generation and collected separately from other 17 solid waste and (ii) "processed" means shredded by mechanical 18 means to reduce the landscape waste to a uniform consistency. 19 (d) The requirements of this Section shall not apply (i) 20 to landscape waste collected as part of a municipal street 21 sweeping operation where the intent is to provide street 22 sweeping service rather than leaf collection, nor (ii) to 23 landscape waste collected by bar screens or grates in a 24 sewage treatment system. 25 (Source: P.A. 90-266, eff. 7-30-97.) 26 (415 ILCS 5/22.23) (from Ch. 111 1/2, par. 1022.23) 27 Sec. 22.23. Batteries. 28 (a) Beginning September 1, 1990, any person selling 29 lead-acid batteries at retail or offering lead-acid batteries 30 for retail sale in this State shall: 31 (1) accept for recycling used lead-acid batteries 32 from customers, at the point of transfer, in a quantity 33 equal to the number of new batteries purchased; and HB5557 Engrossed -147- LRB9212249LBpr 1 (2) post in a conspicuous place a written notice at 2 least 8.5 by 11 inches in size that includes the 3 universal recycling symbol and the following statements: 4 "DO NOT put motor vehicle batteries in the trash."; 5 "Recycle your used batteries."; and "State law requires 6 us to accept motor vehicle batteries for recycling, in 7 exchange for new batteries purchased.". 8 (b) Any person selling lead-acid batteries at retail in 9 this State may either charge a recycling fee on each new 10 lead-acid battery sold for which the customer does not return 11 a used battery to the retailer, or provide a recycling credit 12 to each customer who returns a used battery for recycling at 13 the time of purchasing a new one. 14 (c) Beginning September 1, 1990, no lead-acid battery 15 retailer may dispose of a used lead-acid battery except by 16 delivering it (1) to a battery wholesaler or its agent, (2) 17 to a battery manufacturer, (3) to a collection or recycling 18 facility, or (4) to a secondary lead smelter permitted by 19 either a state or federal environmental agency. 20 (d) Any person selling lead-acid batteries at wholesale 21 or offering lead-acid batteries for sale at wholesale shall 22 accept for recycling used lead-acid batteries from customers, 23 at the point of transfer, in a quantity equal to the number 24 of new batteries purchased. Such used batteries shall be 25 disposed of as provided in subsection (c). 26 (e) A person who accepts used lead-acid batteries for 27 recycling pursuant to subsection (a) or (d) shall not allow 28 such batteries to accumulate for periods of more than 90 29 days. 30 (f) Beginning September 1, 1990, no person may knowingly 31 cause or allow: 32 (1) the placing of a lead-acid battery into any 33 container intended for collection and disposal at a 34 municipal waste sanitary landfill; or HB5557 Engrossed -148- LRB9212249LBpr 1 (2) the disposal of any lead-acid battery in any 2 municipal waste sanitary landfill or incinerator. 3 (g) The Department of Commerce and Community Affairs 4 shall identify and assist in developing alternative 5 processing and recycling options for used batteries. 6 (h) For the purpose of this Section: 7 "Lead-acid battery" means a battery containing lead and 8 sulfuric acid that has a nominal voltage of at least 6 volts 9 and is intended for use in motor vehicles. 10 "Motor vehicle" includes automobiles, vans, trucks, 11 tractors, motorcycles and motorboats. 12 (i) (Blank.)The Department shall study the problems13associated with household batteries that are processed or14disposed of as part of mixed solid waste, and shall develop15and implement a pilot project to collect and recycle used16household batteries. The Department shall report its17findings to the Governor and the General Assembly, together18with any recommendations for legislation, by November 1,191991.20 (j) Knowing violation of this Section shall be a petty 21 offense punishable by a fine of $100. 22 (Source: P.A. 89-445, eff. 2-7-96.) 23 (415 ILCS 5/22.23a) 24 Sec. 22.23a. Fluorescent and high intensity discharge 25 lamps. 26 (a) As used in this Section, "fluorescent or high 27 intensity discharge lamp" means a lighting device that 28 contains mercury and generates light through the discharge of 29 electricity either directly or indirectly through a 30 fluorescent coating, including a mercury vapor, high pressure 31 sodium, or metal halide lamp containing mercury, lead, or 32 cadmium. 33 (b) No person may knowingly cause or allow the disposal HB5557 Engrossed -149- LRB9212249LBpr 1 of any fluorescent or high intensity discharge lamp in any 2 municipal waste incinerator beginning July 1, 1997. This 3 Section does not apply to lamps generated by households. 4 (c) (1) Hazardous fluorescent and high intensity 5 discharge lamps are hereby designated as a category of 6 universal waste subject to the streamlined hazardous 7 waste rules set forth in Title 35 of the Illinois 8 Administrative Code, Subtitle G, Chapter I, Subchapter c, 9 Part 733 ("Part 733"). Within 60 days of August 19, 1997 10 (the effective date of Public Act 90-502)this amendatory11Act of 1997the Agency shall propose, and within 180 days 12 of receipt of the Agency's proposal the Board shall 13 adopt, rules that reflect this designation and that 14 prescribe procedures and standards for the management of 15 hazardous fluorescent and high intensity discharge lamps 16 as universal waste. 17 (2) If the United States Environmental Protection 18 Agency adopts streamlined hazardous waste regulations 19 pertaining to the management of fluorescent and high 20 intensity discharge lamps, or otherwise exempts those 21 lamps from regulation as hazardous waste, the Board shall 22 adopt an equivalent rule in accordance with Section 7.2 23 of this Act within 180 days of adoption of the federal 24 regulation. The equivalent Board rule may serve as an 25 alternative to the rules adopted under subdivision (1) of 26 this subsection. 27 (d) (Blank.)Until the Board adopts rules pursuant to28subsection (c), fluorescent and high intensity discharge29lamps shall be managed in accordance with existing laws and30regulations or under the following conditions:31(1) after being removed from service, the generator32stores the lamps in a safe manner that minimizes the33chance of breakage;34(2) no lamps are stored longer than 6 months fromHB5557 Engrossed -150- LRB9212249LBpr 1the time they are removed from service;2(3) the generator delivers the lamps to a licensed3hauler that will deliver the lamps to a recycler; and4(4) the lamps are transported in a safe manner that5minimizes the chance of breakage.6 (e) (Blank.)The Agency shall study the problem7associated with used fluorescent and high intensity discharge8lamps that are processed or disposed of as part of mixed9solid waste, and shall identify possible collection and10recycling systems for used fluorescent and high intensity11discharge lamps. The Agency shall report its findings to the12General Assembly and the Governor by January 1, 1998.13 (Source: P.A. 89-619, eff. 1-1-97; 90-502, eff. 8-19-97.) 14 (415 ILCS 5/22.27) (from Ch. 111 1/2, par. 1022.27) 15 Sec. 22.27. Alternative Daily Cover for Sanitary 16 Landfills. 17 (a)The Agency shall investigate alternative materials18to soil as daily cover at sanitary landfills, including19chemical foam, grit and nonputrescible residuals from solid20waste recycling facilities, shredded tire material,21hydromulch produced from newsprint or other wastepaper, and22finished compost. The investigation shall include a23comparative cost analysis of each alternative material to24soil, environmental suitability of each material, and any25potential savings in landfill capacity resulting from the use26of an alternative cover material. The Agency shall report to27the General Assembly by September 1, 1992, on the feasibility28of alternative materials for daily cover at sanitary29landfills.If the Agency determines that any or all chemical 30 foams provides a cover material that is as good as, or better 31 than, the traditional soil cover commonly used in this State, 32 the Agency shall certify that material as meeting the 33 requirements of this Section. If the Agency determines that HB5557 Engrossed -151- LRB9212249LBpr 1 any alternative materials other than chemical foams 2 adequately satisfies daily cover requirements at sanitary 3 landfills, it shall permit use of such materials at such 4 facilities.The Department shall cooperate with the Agency5in the conduct of the investigation and report required by6this subsection (a) of this Section.7 (b) In complying with the daily cover requirements 8 imposed on sanitary landfills by Board regulation, the 9 operator of a sanitary landfill may use any foam that has 10 been certified by the Agency under this Section in place of a 11 soil cover. 12 (Source: P.A. 87-727.) 13 (415 ILCS 5/22.33) 14 Sec. 22.33. Compost quality standards. 15 (a) By January 1, 1994, the Agency shall develop and 16 make recommendations to the Board concerning (i) performance 17 standards for landscape waste compost facilities and (ii) 18 testing procedures and standards for the end-product compost 19 produced by landscape waste compost facilities. 20The Agency, in cooperation with the Department, shall21appoint a Technical Advisory Committee for the purpose of22developing these recommendations. Among other things, the23Committee shall evaluate environmental and safety24considerations, compliance costs, and regulations adopted in25other states and countries. The Committee shall have26balanced representation and shall include members27representing academia, the composting industry, the28Department of Agriculture, the landscaping industry,29environmental organizations, municipalities, and counties.30 Performance standards for landscape waste compost 31 facilities shall at a minimum include: 32 (1) the management of odor; 33 (2) the management of surface water; HB5557 Engrossed -152- LRB9212249LBpr 1 (3) contingency planning for handling end-product 2 compost material that does not meet requirements of 3 subsection (b); 4 (4) plans for intended purposes of end-use product; 5 and 6 (5) a financial assurance plan necessary to restore 7 the site as specified in Agency permit. 8 (b) By December 1, 1997, the Board shall adopt: 9 (1) performance standards for landscape waste 10 compost facilities; and 11 (2) testing procedures and standards for the 12 end-product compost produced by landscape waste compost 13 facilities. 14 The Board shall evaluate the merits of different 15 standards for end-product compost applications. 16 (c) On-site composting that is used solely for the 17 purpose of composting landscape waste generated on-site and 18 that will not be offered for off-site sale or use is exempt 19 from any standards promulgated under subsections (a) and (b). 20 Subsection (b)(2) shall not apply to end-product compost used 21 as daily cover or vegetative amendment in the final layer. 22 Subsection (b) applies to any end-product compost offered for 23 sale or use in Illinois. 24 (Source: P.A. 87-1227; 88-690, eff. 1-24-95.) 25 (415 ILCS 5/22.40) 26 Sec. 22.40. Municipal solid waste landfill rules. 27 (a) In accordance with Sec. 7.2, the Board shall adopt 28 rules that are identical in substance to federal regulations 29 or amendments thereto promulgated by the Administrator of the 30 United States Environmental Protection Agency to implement 31 Sections 4004 and 4010 of the Resource Conservation and 32 Recovery Act of 1976 (P.L. 94-580) insofar as those 33 regulations relate to a municipal solid waste landfill unit HB5557 Engrossed -153- LRB9212249LBpr 1 program. The Board may consolidate into a single rulemaking 2 under this Section all such federal regulations adopted 3 within a period of time not to exceed 6 months. Where the 4 federal regulations authorize the State to adopt alternative 5 standards, schedules, or procedures to the standards, 6 schedules, or procedures contained in the federal 7 regulations, the Board may adopt alternative standards, 8 schedules, or procedures under subsection (b) or retain 9 existing Board rules that establish alternative standards, 10 schedules, or procedures that are not inconsistent with the 11 federal regulations. The Board may consolidate into a single 12 rulemaking under this Section all such federal regulations 13 adopted within a period of time not to exceed 6 months. 14 The provisions and requirements of Title VII of this Act 15 shall not apply to rules adopted under this subsection (a). 16 Section 5-35 of the Illinois Administrative Procedure Act 17 relating to the procedures for rulemaking shall not apply to 18 regulations adopted under this subsection (a). 19 (b) The Board may adopt regulations relating to a State 20 municipal solid waste landfill program that are not 21 inconsistent with the Resource Conservation and Recovery Act 22 of 1976 (P.L. 94-580), or regulations adopted thereunder. 23 Rules adopted under this subsection shall be adopted in 24 accordance with the provisions and requirements of Title VII 25 of this Act and the procedures for rulemaking in Section 5-35 26 of the Illinois Administrative Procedure Act. 27 (c) (Blank.)Notwithstanding action by the Board, and28effective October 9, 1993, only for those facilities meeting29the conditions of 40 C.F.R. 258.1(e)(2) or 40 C.F.R.30258.1(e)(3), the deadlines established in subsections (d)(1)31and (t), as added by Public Act 88-496, of Section 21 and32subsections (a.5), (a.10), and (b) of Section 22.17 of this33Act are extended to those new dates established in34regulations promulgated by the United States EnvironmentalHB5557 Engrossed -154- LRB9212249LBpr 1Protection Agency at 58 Federal Register 51536 (October 1,21993); provided, however, no deadline for receipt of solid3waste is extended past October 9, 1994.4With respect to those facilities that qualify for an5extension in accordance with the provisions of 40 C.F.R.6258.1(e)(3), the Agency shall determine that the facilities7are needed to receive flood related waste from a federally8designated area within a major disaster area declared by the9President during the summer of 1993 pursuant to 42 U.S.C.105121 et seq.11 (Source: P.A. 88-496; 88-512; 88-540.) 12 (415 ILCS 5/22.43) 13 Sec. 22.43. Permit modifications for lateral expansions. 14 The Agency may issue a permit modification for a lateral 15 expansion, as defined in Section 3.275Sec. 3.88of this Act, 16 for an existing MSWLF unit under SectionSec.39 of this Act 17on or after the effective date of this amendatory Act of 199318 to a person required to obtain such a permit modification 19 under subsection (t) of Section 21 of this Act. 20 (Source: P.A. 88-496.) 21 (415 ILCS 5/22.44) 22 Sec. 22.44. Subtitle D management fees. 23 (a) There is created within the State treasury a special 24 fund to be known as the "Subtitle D Management Fund" 25 constituted from the fees collected by the State under this 26 Section. 27 (b) On and after January 1, 1994, the Agency shall 28 assess and collect a fee in the amount set forth in this 29 subsection from the owner or operator of each sanitary 30 landfill permitted or required to be permitted by the Agency 31 to dispose of solid waste if the sanitary landfill is located 32 off the site where the waste was produced and if the sanitary HB5557 Engrossed -155- LRB9212249LBpr 1 landfill is owned, controlled, and operated by a person other 2 than the generator of the waste. The Agency shall deposit 3 all fees collected under this subsection into the Subtitle D 4 Management Fund. If a site is contiguous to one or more 5 landfills owned or operated by the same person, the volumes 6 permanently disposed of by each landfill shall be combined 7 for purposes of determining the fee under this subsection. 8 (1) If more than 150,000 cubic yards of 9 non-hazardous solid waste is permanently disposed of at a 10 site in a calendar year, the owner or operator shall 11 either pay a fee of 5.5 cents per cubic yard or, 12 alternatively, the owner or operator may weigh the 13 quantity of the solid waste permanently disposed of with 14 a device for which certification has been obtained under 15 the Weights and Measures Act and pay a fee of 12 cents 16 per ton of waste permanently disposed of. 17 (2) If more than 100,000 cubic yards, but not more 18 than 150,000 cubic yards, of non-hazardous waste is 19 permanently disposed of at a site in a calendar year, the 20 owner or operator shall pay a fee of $3,825. 21 (3) If more than 50,000 cubic yards, but not more 22 than 100,000 cubic yards, of non-hazardous solid waste is 23 permanently disposed of at a site in a calendar year, the 24 owner or operator shall pay a fee of $1,700. 25 (4) If more than 10,000 cubic yards, but not more 26 than 50,000 cubic yards, of non-hazardous solid waste is 27 permanently disposed of at a site in a calendar year, the 28 owner or operator shall pay a fee of $530. 29 (5) If not more than 10,000 cubic yards of 30 non-hazardous solid waste is permanently disposed of at a 31 site in a calendar year, the owner or operator shall pay 32 a fee of $110. 33 (c) The fee under subsection (b) shall not apply to any 34 of the following: HB5557 Engrossed -156- LRB9212249LBpr 1 (1) Hazardous waste. 2 (2) Pollution control waste. 3 (3) Waste from recycling, reclamation, or reuse 4 processes that have been approved by the Agency as being 5 designed to remove any contaminant from wastes so as to 6 render the wastes reusable, provided that the process 7 renders at least 50% of the waste reusable. 8 (4) Non-hazardous solid waste that is received at a 9 sanitary landfill and composted or recycled through a 10 process permitted by the Agency. 11 (5) Any landfill that is permitted by the Agency to 12 receive only demolition or construction debris or 13 landscape waste. 14 (d) The Agency shall establish rules relating to the 15 collection of the fees authorized by this Section. These 16 rules shall include, but not be limited to the following: 17 (1) Necessary records identifying the quantities of 18 solid waste received or disposed. 19 (2) The form and submission of reports to accompany 20 the payment of fees to the Agency. 21 (3) The time and manner of payment of fees to the 22 Agency, which payments shall not be more often than 23 quarterly. 24 (4) Procedures setting forth criteria establishing 25 when an owner or operator may measure by weight or volume 26 during any given quarter or other fee payment period. 27 (e) Fees collected under this Section shall be in 28 addition to any other fees collected under any other Section. 29 (f) The Agency shall not refund any fee paid to it under 30 this Section. 31 (g) Pursuant to appropriation, all moneys in the 32 Subtitle D Management Fund shall be used by the Agency to 33 administer the United States Environmental Protection 34 Agency's Subtitle D Program provided in Sections 4004 and HB5557 Engrossed -157- LRB9212249LBpr 1 4010 of the Resource Conservation and Recovery Act of 1976 2 (P.L. 94-580) as it relates to a municipal solid waste 3 landfill program in Illinois and to fund a delegation of 4 inspecting, investigating, and enforcement functions, within 5 the municipality only, pursuant to subsection (r) of Section 6 4 of this Act to a municipality having a population of more 7 than 1,000,000 inhabitants. The Agency shall execute a 8 delegation agreement pursuant to subsection (r) of Section 4 9 of this Act with a municipality having a population of more 10 than 1,000,000 inhabitants within 90 days of September 13, 11the effective date of this amendatory Act of1993 and shall 12 on an annual basis distribute from the Subtitle D Management 13 Fund to that municipality no less than $150,000. 14 (Source: P.A. 90-655, eff. 7-30-98.) 15 (415 ILCS 5/22.45) 16 Sec. 22.45. Subtitle D management fee exemptions; 17 pre-existing contracts. 18 (a) The Agency shall grant exemptions from the fee 19 requirements of Section 22.44 of this Act for permanent 20 disposal or transport of solid waste meeting all of the 21 following criteria: 22 (1) Permanent disposal of the solid waste is 23 pursuant to a written contract between the owner or 24 operator of the sanitary landfill and some other person, 25 or transport of the solid waste is pursuant to a written 26 contract between the transporter and some other person. 27 (2) The contract for permanent disposal or 28 transport of solid waste was lawfully executed on or 29 before September 13,the effective date of this30amendatory Act of1993 and by its express terms continues 31 beyond January 1, 1994. 32 (3) The contract for permanent disposal or 33 transport of solid waste establishes a fixed fee or HB5557 Engrossed -158- LRB9212249LBpr 1 compensation, does not allow the operator or transporter 2 to pass the fee through to another party, and does not 3 allow voluntary cancellation or renegotiation of the 4 compensation or fee during the term of the contract. 5 (4) The contract was lawfully executed on or before 6 September 13,the effective date of this amendatory Act7of1993 and has not been amended at any time after that 8 date. 9 (b) Exemptions granted under this Section shall cause 10 the solid waste received by an owner or operator of a 11 sanitary landfill pursuant to a contract exempted under this 12 Section to be disregarded in calculating the volume or weight 13 of solid waste permanently disposed of during a calendar year 14 under Section 22.44 of this Act. 15 (c) An owner or operator of a sanitary landfill shall 16 keep accurate records and prove, to the satisfaction of the 17 Agency, the volume or weight of solid waste received under an 18 exemption during a calendar year. 19 (d) Exemptions under this Section shall expire upon the 20 expiration, renewal, or amendment of the exempted contract, 21 whichever occurs first. 22 (e) For the purposes of this Section, the term "some 23 other person" shall only include persons that are independent 24 operating entities. For purposes of this Section, a person 25 is not an independent operating entity if: 26 (1) the person has any officers or directors that 27 are also officers or directors of the sanitary landfill 28 or transporter; 29 (2) the person is a parent corporation, subsidiary, 30 or affiliate of the owner or operator of the sanitary 31 landfill or transporter; or 32 (3) the person and the owner or operator of the 33 sanitary landfill or transporter are owned by the same 34 entity. HB5557 Engrossed -159- LRB9212249LBpr 1 (Source: P.A. 88-496.) 2 (415 ILCS 5/22.47) 3 Sec. 22.47. School district hazardous educational waste 4 collection. 5 (a) The Agency shall develop, implement, and fund 6 (through appropriations for that purpose from the General 7 Revenue Fund) a program to collect school district hazardous 8 educational waste from school districts and schools in the 9 State. The program shall provide for the availability for 10 collection, transportation, and appropriate management of 11 hazardous educational wastes for each school district or 12 school by private contractors at least every 3 years. 13 (b) A school district or school may participate in a 14 hazardous educational waste collection program by: 15 (1) Notifying the Agency of the hazardous 16 educational wastes used by the school district or school 17 and including the following information: 18 (A) Waste types. 19 (B) Waste volumes. 20 (C) Number of containers. 21 (D) Condition of containers. 22 (E) Location of containers. 23 (2) Maintaining wastes in the original containers, 24 if practical. 25 (3) Labeling each container if contents are known. 26 (4) Following Agency instructions on waste 27 segregation, preparation, or delivery for subsequent 28 handling. 29 (c) The Agency shall accept applications from school 30 districts or schools throughout the year. The Agency shall 31 designate waste haulers throughout the State qualified to 32 remove school district hazardous waste at the request of a 33 school district or school. By March 1 and September 1 of HB5557 Engrossed -160- LRB9212249LBpr 1 each year the Agency shall prepare a schedule of school 2 districts or schools that have been selected for collections 3 over the next 6 months. The selections shall be based on the 4 waste types and volumes, geographic distribution, order of 5 application, and expected costs balanced by available 6 resources. The Agency shall notify each selected school or 7 school district of the date of collection and instruction on 8 waste preparation. 9 (d) For purposes of this Section "hazardous educational 10 waste" means a waste product that could pose a hazard during 11 normal storage, transportation, or disposal generated from an 12 instructional curriculum including laboratory wastes, expired 13 chemicals, unstable compounds, and toxic or flammable 14 materials. "Hazardous educational waste" does not include 15 wastes generated as a result of building, grounds, or vehicle 16 maintenance, asbestos abatement, lead paint abatement, or 17 other non-curriculum activities. 18 (e) (Blank.)By January 1, 1997, the agency shall submit19a report to the General Assembly on the status of the school20district hazardous educational waste collection program21detailing the amounts, types, and locations of wastes22collected, costs of the program, evaluation of the program,23and recommendations for future legislative actions.24 (f) The Agency is authorized to use funds from the Solid 25 Waste Management Fund to implement this Section. 26 (Source: P.A. 89-300, eff. 1-1-96.) 27 (415 ILCS 5/22.48) 28 Sec. 22.48. Non-special waste certification; effect on 29 permit. 30 (a) An industrial process waste or pollution control 31 waste not within the exception set forth in subdivision (2) 32 of subsection (c) of Section 3.4753.45of this Act must be 33 managed as special waste unless the generator first certifies HB5557 Engrossed -161- LRB9212249LBpr 1 in a signed, dated, written statement that the waste is 2 outside the scope of the categories listed in subdivision (1) 3 of subsection (c) of Section 3.4753.45of this Act. 4 (b) All information used to determine that the waste is 5 not a special waste shall be attached to the certification. 6 The information shall include but not be limited to: 7 (1) the means by which the generator has determined 8 that the waste is not a hazardous waste; 9 (2) the means by which the generator has determined 10 that the waste is not a liquid; 11 (3) if the waste undergoes testing, the analytic 12 results obtained from testing, signed and dated by the 13 person responsible for completing the analysis; 14 (4) if the waste does not undergo testing, an 15 explanation as to why no testing is needed; 16 (5) a description of the process generating the 17 waste; and 18 (6) relevant Material Data Safety Sheets. 19 (c) Certification made pursuant to this Section shall be 20 effective from the date signed until there is a change in the 21 generator, in the raw materials used, or in the process 22 generating the waste. 23 (d) Certification made pursuant to this Section, with 24 the requisite attachments, shall be maintained by the 25 certifying generator while effective and for at least 3 years 26 following a change in the generator, a change in the raw 27 materials used, or a change in or termination of the process 28 generating the waste. The generator shall provide a copy of 29 the certification, upon request by the Agency, the waste 30 hauler, or the operator of the facility receiving the waste 31 for storage, treatment, or disposal, to the party requesting 32 the copy. If the Agency believes that the waste that is the 33 subject of the certification has been inaccurately certified 34 to, the Agency may require the generator to analytically test HB5557 Engrossed -162- LRB9212249LBpr 1 the waste for the constituent believed to be present and 2 provide the Agency with a copy of the analytic results. 3 (e) A person who knowingly and falsely certifies that a 4 waste is not special waste is subject to the penalties set 5 forth in subdivision (6) of subsection (h) of Section 44 of 6 this Act. 7 (f) To the extent that a term or condition of an 8 existing permit requires the permittee to manage as special 9 waste a material that is made a non-special waste under 10 Public Act 90-502this amendatory Act of 1997, that term or 11 condition is hereby superseded, and the permittee may manage 12 that material as a non-special waste, even if the material is 13 identified in the permit as part of a particular waste stream 14 rather than identified specifically as a special waste. 15 (Source: P.A. 90-502, eff. 8-19-97.) 16 (415 ILCS 5/25b-5) (from Ch. 111 1/2, par. 1025b-5) 17 Sec. 25b-5. Review of toxic chemical status. The Agency 18 shall periodically review the status of toxic chemicals and 19 types of facilities covered under the reporting requirements 20 of Section 313 of the federal Emergency Planning and 21 Community Right-to-Know Act of 1986.On or before January 1,221989, and after providing an opportunity for public comment,23the Agency shall submit to the Governor a list of toxic24chemicals and facilities not currently covered under that Act25which it believes may pose a threat to public health and the26environment in Illinois. Within 60 days thereafter, the27Governor shall either petition the Administrator of the28United States Environmental Protection Agency to modify the29lists of chemicals and facilities currently covered pursuant30to Section 313 according to the Agency's recommendations, or31refer the matter back to the Agency for further consideration32in accordance with his written recommendations for change.33 (Source: P.A. 85-927.) HB5557 Engrossed -163- LRB9212249LBpr 1 (415 ILCS 5/28.5) (from Ch. 111 1/2, par. 1028.5) 2 (Section scheduled to be repealed on December 31, 2002.) 3 Sec. 28.5. Clean Air Act rules; fast-track. 4 (a) This Section shall apply solely to the adoption of 5 rules proposed by the Agency and required to be adopted by 6 the State under the Clean Air Act as amended by the Clean Air 7 Act Amendments of 1990 (CAAA). 8 (b) This Section is repealed on December 31, 20072002. 9 (c) For purposes of this Section, a "fast-track" 10 rulemaking proceeding is a proceeding to promulgate a rule 11 that the CAAA requires to be adopted. For purposes of this 12 Section, "requires to be adopted" refers only to those 13 regulations or parts of regulations for which the United 14 States Environmental Protection Agency is empowered to impose 15 sanctions against the State for failure to adopt such rules. 16 All fast-track rules must be adopted under procedures set 17 forth in this Section, unless another provision of this Act 18 specifies the method for adopting a specific rule. 19 (d) When the CAAA requires rules other than identical in 20 substance rules to be adopted, upon request by the Agency, 21 the Board shall adopt rules under fast-track rulemaking 22 requirements. 23 (e) The Agency shall submit its fast-track rulemaking 24 proposal in the following form: 25 (1) The Agency shall file the rule in a form that 26 meets the requirements of the Illinois Administrative 27 Procedure Act and regulations promulgated thereunder. 28 (2) The cover sheet of the proposal shall 29 prominently state that the rule is being proposed under 30 this Section. 31 (3) The proposal shall clearly identify the 32 provisions and portions of the federal statute, 33 regulations, guidance, policy statement, or other 34 documents upon which the rule is based. HB5557 Engrossed -164- LRB9212249LBpr 1 (4) The supporting documentation for the rule shall 2 summarize the basis of the rule. 3 (5) The Agency shall describe in general the 4 alternative selected and the basis for the alternative. 5 (6) The Agency shall file a summary of economic and 6 technical data upon which it relied in drafting the rule. 7 (7) The Agency shall provide a list of any 8 documents upon which it directly relied in drafting the 9 rule or upon which it intends to rely at the hearings and 10 shall provide such documents to the Board. Additionally, 11 the Agency shall make such documents available at an 12 appropriate location for inspection and copying at the 13 expense of the interested party. 14 (8) The Agency shall include in its submission a 15 description of the geographical area to which the rule is 16 intended to apply, a description of the process or 17 processes affected, an identification by classes of the 18 entities expected to be affected, and a list of sources 19 expected to be affected by the rule to the extent known 20 to the Agency. 21 (f) Within 14 days of receipt of the proposal, the Board 22 shall file the rule for first notice under the Illinois 23 Administrative Procedure Act and shall schedule all required 24 hearings on the proposal and cause public notice to be given 25 in accordance with the Illinois Administrative Procedure Act 26 and the CAAA. 27 (g) The Board shall set 3 hearings on the proposal, each 28 of which shall be scheduled to continue from day to day, 29 excluding weekends and State and federal holidays, until 30 completed. The Board shall require the written submission of 31 all testimony at least 10 days before a hearing, with 32 simultaneous service to all participants of record in the 33 proceeding as of 15 days prior to hearing, unless a waiver is 34 granted by the Board for good cause. In order to further HB5557 Engrossed -165- LRB9212249LBpr 1 expedite the hearings, presubmitted testimony shall be 2 accepted into the record without the reading of the testimony 3 at hearing, provided that the witness swears to the testimony 4 and is available for questioning, and the Board shall make 5 every effort to conduct the proceedings expeditiously and 6 avoid duplication and extraneous material. 7 (1) The first hearing shall be held within 55 days 8 of receipt of the rule and shall be confined to testimony 9 by and questions of the Agency's witnesses concerning the 10 scope, applicability, and basis of the rule. Within 7 11 days after the first hearing, any person may request that 12 the second hearing be held. 13 (A) If, after the first hearing, the Agency 14 and affected entities are in agreement on the rule, 15 the United States Environmental Protection Agency 16 has not informed the Board of any unresolved 17 objection to the rule, and no other interested party 18 contests the rule or asks for the opportunity to 19 present additional evidence, the Board may cancel 20 the additional hearings. When the Board adopts the 21 final order under these circumstances, it shall be 22 based on the Agency's proposal as agreed to by the 23 parties. 24 (B) If, after the first hearing, the Agency 25 and affected entities are in agreement upon a 26 portion of the rule, the United States Environmental 27 Protection Agency has not informed the Board of any 28 unresolved objections to that agreed portion of the 29 rule, and no other interested party contests that 30 agreed portion of the rule or asks for the 31 opportunity to present additional evidence, the 32 Board shall proceed to the second hearing, as 33 provided in paragraph (2) of subsection (g) of this 34 Section, but the hearing shall be limited in scope HB5557 Engrossed -166- LRB9212249LBpr 1 to the unresolved portion of the proposal. When the 2 Board adopts the final order under these 3 circumstances, it shall be based on such portion of 4 the Agency's proposal as agreed to by the parties. 5 (2) The second hearing shall be scheduled to 6 commence within 30 days of the first day of the first 7 hearing and shall be devoted to presentation of 8 testimony, documents, and comments by affected entities 9 and all other interested parties. 10 (3) The third hearing shall be scheduled to 11 commence within 14 days after the first day of the second 12 hearing and shall be devoted solely to any Agency 13 response to the material submitted at the second hearing 14 and to any response by other parties. The third hearing 15 shall be cancelled if the Agency indicates to the Board 16 that it does not intend to introduce any additional 17 material. 18 (h) In any fast-track rulemaking proceeding, the Board 19 shall accept evidence and comments on the economic impact of 20 any provision of the rule and shall consider the economic 21 impact of the rule based on the record. The Board may order 22 an economic impact study in a manner that will not prevent 23 adoption of the rule within the time required by subsection 24 (o) of this Section. 25 (i) In all fast-track rulemakings under this Section, 26 the Board shall take into account factors set forth in 27 subsection (a) of Section 27 of this Act. 28 (j) The Board shall adopt rules in the fast-track 29 rulemaking docket under the requirements of this Section that 30 the CAAA requires to be adopted, and may consider a 31 non-required rule in a second docket that shall proceed under 32 Title VII of this Act. 33 (k) The Board is directed to take whatever measures are 34 available to it to complete fast-track rulemaking as HB5557 Engrossed -167- LRB9212249LBpr 1 expeditiously as possible consistent with the need for 2 careful consideration. These measures shall include, but not 3 be limited to, having hearings transcribed on an expedited 4 basis. 5 (l) Following the hearings, the Board shall close the 6 record 14 days after the availability of the transcript. 7 (m) The Board shall not revise or otherwise change an 8 Agency fast-track rulemaking proposal without agreement of 9 the Agency until after the end of the hearing and comment 10 period. Any revisions to an Agency proposal shall be based 11 on the record of the proceeding. 12 (n) All rules adopted by the Board under this Section 13 shall be based solely on the record before it. 14 (o) The Board shall complete a fast-track rulemaking by 15 adopting a second notice order no later than 130 days after 16 receipt of the proposal if no third hearing is held and no 17 later than 150 days if the third hearing is held. If the 18 order includes a rule, the Illinois Board shall file the rule 19 for second notice under the Illinois Administrative Procedure 20 Act within 5 days after adoption of the order. 21 (p) Upon receipt of a statement of no objection to the 22 rule from the Joint Committee on Administrative Rules, the 23 Board shall adopt the final order and submit the rule to the 24 Secretary of State for publication and certification within 25 21 days. 26 (Source: P.A. 90-265, eff. 7-30-97.) 27 (415 ILCS 5/30) (from Ch. 111 1/2, par. 1030) 28 Sec. 30. Investigations. The Agency shall cause 29 investigations to be made upon the request of the Board or 30 upon receipt of information concerning an alleged violation 31 of this Act or of any rule or regulation promulgated 32 thereunder, or of any permit granted by the Agency or any 33 term or condition of any such permit, and may cause to be HB5557 Engrossed -168- LRB9212249LBpr 1 made such other investigations as it shall deem advisable. 2 (Source: P.A. 78-862.) 3 (415 ILCS 5/31) (from Ch. 111 1/2, par. 1031) 4 Sec. 31. Notice; complaint; hearing. 5 (a) (1) Within 180 days of becoming aware of an alleged 6 violation of the Act or any rule adopted under the Act or 7 of a permit granted by the Agency or condition of the 8 permit, the Agency shall issue and serve, by certified 9 mail, upon the person complained against a written notice 10 informing that person that the Agency has evidence of the 11 alleged violation. At a minimum, the written notice 12 shall contain: 13 (A) notification to the person complained 14 against of the requirement to submit a written 15 response addressing the violations alleged and the 16 option to meet with appropriate agency personnel to 17 resolve any alleged violations that could lead to 18 the filing of a formal complaint; 19 (B) a detailed explanation by the Agency of 20 the violations alleged; 21 (C) an explanation by the Agency of the 22 actions that the Agency believes may resolve the 23 alleged violations, including an estimate of a 24 reasonable time period for the person complained 25 against to complete the suggested resolution; and 26 (D) an explanation of any alleged violation 27 that the Agency believes cannot be resolved without 28 the involvement of the Office of the Illinois 29 Attorney General or the State's Attorney of the 30 county in which the alleged violation occurred and 31 the basis for the Agency's belief. 32 (2) A written response to the violations alleged 33 shall be submitted to the Agency, by certified mail, HB5557 Engrossed -169- LRB9212249LBpr 1 within 45 days of receipt of notice by the person 2 complained against, unless the Agency agrees to an 3 extension. The written response shall include: 4 (A) information in rebuttal, explanation or 5 justification of each alleged violation; 6 (B) a proposed Compliance Commitment Agreement 7 that includes specified times for achieving each 8 commitment and which may consist of a statement 9 indicating that the person complained against 10 believes that compliance has been achieved; and 11 (C) a request for a meeting with appropriate 12 Agency personnel if a meeting is desired by the 13 person complained against. 14 (3) If the person complained against fails to 15 respond in accordance with the requirements of 16 subdivision (2) of this subsection (a), the failure to 17 respond shall be considered a waiver of the requirements 18 of this subsection (a) and nothing in this Section shall 19 preclude the Agency from proceeding pursuant to 20 subsection (b) of this Section. 21 (4) A meeting requested pursuant to subdivision (2) 22 of this subsection (a) shall be held without a 23 representative of the Office of the Illinois Attorney 24 General or the State's Attorney of the county in which 25 the alleged violation occurred, within 60 days of receipt 26 of notice by the person complained against, unless the 27 Agency agrees to a postponement. At the meeting, the 28 Agency shall provide an opportunity for the person 29 complained against to respond to each alleged violation, 30 suggested resolution, and suggested implementation time 31 frame, and to suggest alternate resolutions. 32 (5) If a meeting requested pursuant to subdivision 33 (2) of this subsection (a) is held, the person complained 34 against shall, within 21 days following the meeting or HB5557 Engrossed -170- LRB9212249LBpr 1 within an extended time period as agreed to by the 2 Agency, submit by certified mail to the Agency a written 3 response to the alleged violations. The written response 4 shall include: 5 (A) additional information in rebuttal, 6 explanation or justification of each alleged 7 violation; 8 (B) a proposed Compliance Commitment Agreement 9 that includes specified times for achieving each 10 commitment and which may consist of a statement 11 indicating that the person complained against 12 believes that compliance has been achieved; and 13 (C) a statement indicating that, should the 14 person complained against so wish, the person 15 complained against chooses to rely upon the initial 16 written response submitted pursuant to subdivision 17 (2) of this subsection (a). 18 (6) If the person complained against fails to 19 respond in accordance with the requirements of 20 subdivision (5) of this subsection (a), the failure to 21 respond shall be considered a waiver of the requirements 22 of this subsection (a) and nothing in this Section shall 23 preclude the Agency from proceeding pursuant to 24 subsection (b) of this Section. 25 (7) Within 30 days of the Agency's receipt of a 26 written response submitted by the person complained 27 against pursuant to subdivision (2) of this subsection 28 (a), if a meeting is not requested, or subdivision (5) of 29 this subsection (a), if a meeting is held, or within a 30 later time period as agreed to by the Agency and the 31 person complained against, the Agency shall issue and 32 serve, by certified mail, upon the person complained 33 against a written notice informing the person of its 34 acceptance, rejection, or proposed modification to the HB5557 Engrossed -171- LRB9212249LBpr 1 proposed Compliance Commitment Agreement as contained 2 within the written response. 3 (8) Nothing in this subsection (a) is intended to 4 require the Agency to enter into Compliance Commitment 5 Agreements for any alleged violation that the Agency 6 believes cannot be resolved without the involvement of 7 the Office of the Attorney General or the State's 8 Attorney of the county in which the alleged violation 9 occurred, for, among other purposes, the imposition of 10 statutory penalties. 11 (9) The Agency's failure to respond to a written 12 response submitted pursuant to subdivision (2) of this 13 subsection (a), if a meeting is not requested, or 14 subdivision (5) of this subsection (a), if a meeting is 15 held, within 30 days, or within the time period otherwise 16 agreed to in writing by the Agency and the person 17 complained against, shall be deemed an acceptance by the 18 Agency of the proposed Compliance Commitment Agreement 19 for the violations alleged in the written notice issued 20 under subdivision (1) of this subsection (a) as contained 21 within the written response. 22 (10) If the person complained against complies with 23 the terms of a Compliance Commitment Agreement accepted 24 pursuant to this subsection (a), the Agency shall not 25 refer the alleged violations which are the subject of the 26 Compliance Commitment Agreement to the Office of the 27 Illinois Attorney General or the State's Attorney of the 28 county in which the alleged violation occurred. However, 29 nothing in this subsection is intended to preclude the 30 Agency from continuing negotiations with the person 31 complained against or from proceeding pursuant to the 32 provisions of subsection (b) of this Section for alleged 33 violations which remain the subject of disagreement 34 between the Agency and the person complained against HB5557 Engrossed -172- LRB9212249LBpr 1 following fulfillment of the requirements of this 2 subsection (a). 3 (11) Nothing in this subsection (a) is intended to 4 preclude the person complained against from submitting to 5 the Agency, by certified mail, at any time, notification 6 that the person complained against consents to waiver of 7 the requirements of subsections (a) and (b) of this 8 Section. 9 (b) For alleged violations that remain the subject of 10 disagreement between the Agency and the person complained 11 against following fulfillment of the requirements of 12 subsection (a) of this Section, and as a precondition to the 13 Agency's referral or request to the Office of the Illinois 14 Attorney General or the State's Attorney of the county in 15 which the alleged violation occurred for legal representation 16 regarding an alleged violation that may be addressed pursuant 17 to subsection (c) or (d) of this Section or pursuant to 18 Section 42 of this Act, the Agency shall issue and serve, by 19 certified mail, upon the person complained against a written 20 notice informing that person that the Agency intends to 21 pursue legal action. Such notice shall notify the person 22 complained against of the violations to be alleged and offer 23 the person an opportunity to meet with appropriate Agency 24 personnel in an effort to resolve any alleged violations that 25 could lead to the filing of a formal complaint. The meeting 26 with Agency personnel shall be held within 30 days of receipt 27 of notice served pursuant to this subsection upon the person 28 complained against, unless the Agency agrees to a 29 postponement or the person notifies the Agency that he or she 30 will not appear at a meeting within the 30 day time period. 31 Nothing in this subsection is intended to preclude the Agency 32 from following the provisions of subsection (c) or (d) of 33 this Section or from requesting the legal representation of 34 the Office of the Illinois Attorney General or the State's HB5557 Engrossed -173- LRB9212249LBpr 1 Attorney of the county in which the alleged violations 2 occurred for alleged violations which remain the subject of 3 disagreement between the Agency and the person complained 4 against after the provisions of this subsection are 5 fulfilled. 6 (c) (1) For alleged violations which remain the subject 7 of disagreement between the Agency and the person 8 complained against following waiver, pursuant to 9 subdivision (10) of subsection (a) of this Section, or 10 fulfillment of the requirements of subsections (a) and 11 (b) of this Section, the Office of the Illinois Attorney 12 General or the State's Attorney of the county in which 13 the alleged violation occurred shall issue and serve upon 14 the person complained against a written notice, together 15 with a formal complaint, which shall specify the 16 provision of the Act or the rule or regulation or permit 17 or term or condition thereof under which such person is 18 said to be in violation, and a statement of the manner 19 in, and the extent to which such person is said to 20 violate the Act or such rule or regulation or permit or 21 term or condition thereof and shall require the person so 22 complained against to answer the charges of such formal 23 complaint at a hearing before the Board at a time not 24 less than 21 days after the date of notice by the Board, 25 except as provided in Section 34 of this Act. Such 26 complaint shall be accompanied by a notification to the 27 defendant that financing may be available, through the 28 Illinois Environmental Facilities Financing Act, to 29 correct such violation. A copy of such notice of such 30 hearings shall also be sent to any person that has 31 complained to the Agency respecting the respondent within 32 the six months preceding the date of the complaint, and 33 to any person in the county in which the offending 34 activity occurred that has requested notice of HB5557 Engrossed -174- LRB9212249LBpr 1 enforcement proceedings; 21 days notice of such hearings 2 shall also be published in a newspaper of general 3 circulation in such county. The respondent may file a 4 written answer, and at such hearing the rules prescribed 5 in Sections 32 and 33 of this Act shall apply. In the 6 case of actual or threatened acts outside Illinois 7 contributing to environmental damage in Illinois, the 8 extraterritorial service-of-process provisions of 9 Sections 2-208 and 2-209 of the Code of Civil Procedure 10 shall apply. 11 With respect to notices served pursuant to this 12 subsection (c)(1) which involve hazardous material or 13 wastes in any manner, the Agency shall annually publish a 14 list of all such notices served. The list shall include 15 the date the investigation commenced, the date notice was 16 sent, the date the matter was referred to the Attorney 17 General, if applicable, and the current status of the 18 matter. 19 (2) Notwithstanding the provisions of subdivision 20 (1) of this subsection (c), whenever a complaint has been 21 filed on behalf of the Agency or by the People of the 22 State of Illinois, the parties may file with the Board a 23 stipulation and proposal for settlement accompanied by a 24 request for relief from the requirement of a hearing 25 pursuant to subdivision (1). Unless the Board, in its 26 discretion, concludes that a hearing will be held, the 27 Board shall cause notice of the stipulation, proposal and 28 request for relief to be published and sent in the same 29 manner as is required for hearing pursuant to subdivision 30 (1) of this subsection. The notice shall include a 31 statement that any person may file a written demand for 32 hearing within 21 days after receiving the notice. If any 33 person files a timely written demand for hearing, the 34 Board shall deny the request for relief from a hearing HB5557 Engrossed -175- LRB9212249LBpr 1 and shall hold a hearing in accordance with the 2 provisions of subdivision (1). 3 (3) Notwithstanding the provisions of subdivision 4 (1) of this subsection (c), if the Agency becomes aware 5 of a violation of this Act arising from, or as a result 6 of, voluntary pollution prevention activities, the Agency 7 shall not proceed with the written notice required by 8 subsection (a) of this Section unless: 9 (A) the person fails to take corrective action 10 or eliminate the reported violation within a 11 reasonable time; or 12 (B) the Agency believes that the violation 13 poses a substantial and imminent danger to the 14 public health or welfare or the environment. For 15 the purposes of this item (B), "substantial and 16 imminent danger" means a danger with a likelihood of 17 serious or irreversible harm. 18 (d) Any person may file with the Board a complaint, 19 meeting the requirements of subsection (c) of this Section, 20 against any person allegedly violating this Act or any rule 21 or regulation thereunder or any permit or term or condition 22 thereof. The complainant shall immediately serve a copy of 23 such complaint upon the person or persons named therein. 24 Unless the Board determines that such complaint is 25 duplicativeduplicitousor frivolous, it shall schedule a 26 hearing and serve written notice thereof upon the person or 27 persons named therein, in accord with subsection (c) of this 28 Section. 29 (e) In hearings before the Board under this Title the 30 burden shall be on the Agency or other complainant to show 31 either that the respondent has caused or threatened to cause 32 air or water pollution or that the respondent has violated or 33 threatens to violate any provision of this Act or any rule or 34 regulation of the Board or permit or term or condition HB5557 Engrossed -176- LRB9212249LBpr 1 thereof. If such proof has been made, the burden shall be on 2 the respondent to show that compliance with the Board's 3 regulations would impose an arbitrary or unreasonable 4 hardship. 5 (f) The provisions of this Section shall not apply to 6 administrative citation actions commenced under Section 31.1 7 of this Act. 8 (Source: P.A. 88-145; 89-596, eff. 8-1-96.) 9 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039) 10 Sec. 39. Issuance of permits; procedures. 11 (a) When the Board has by regulation required a permit 12 for the construction, installation, or operation of any type 13 of facility, equipment, vehicle, vessel, or aircraft, the 14 applicant shall apply to the Agency for such permit and it 15 shall be the duty of the Agency to issue such a permit upon 16 proof by the applicant that the facility, equipment, vehicle, 17 vessel, or aircraft will not cause a violation of this Act or 18 of regulations hereunder. The Agency shall adopt such 19 procedures as are necessary to carry out its duties under 20 this Section. In granting permits the Agency may impose such 21 conditions as may be necessary to accomplish the purposes of 22 this Act, and as are not inconsistent with the regulations 23 promulgated by the Board hereunder. Except as otherwise 24 provided in this Act, a bond or other security shall not be 25 required as a condition for the issuance of a permit. If the 26 Agency denies any permit under this Section, the Agency shall 27 transmit to the applicant within the time limitations of this 28 Section specific, detailed statements as to the reasons the 29 permit application was denied. Such statements shall 30 include, but not be limited to the following: 31 (i) the Sections of this Act which may be violated 32 if the permit were granted; 33 (ii) the provision of the regulations, promulgated HB5557 Engrossed -177- LRB9212249LBpr 1 under this Act, which may be violated if the permit were 2 granted; 3 (iii) the specific type of information, if any, 4 which the Agency deems the applicant did not provide the 5 Agency; and 6 (iv) a statement of specific reasons why the Act 7 and the regulations might not be met if the permit were 8 granted. 9 If there is no final action by the Agency within 90 days 10 after the filing of the application for permit, the applicant 11 may deem the permit issued; except that this time period 12 shall be extended to 180 days when (1) notice and opportunity 13 for public hearing are required by State or federal law or 14 regulation, (2) the application which was filed is for any 15 permit to develop a landfill subject to issuance pursuant to 16 this subsection, or (3) the application that was filed is for 17 a MSWLF unit required to issue public notice under subsection 18 (p) of Section 39. The 90-day and 180-day time periods for 19 the Agency to take final action do not apply to NPDES permit 20 applications under subsection (b) of this Section, to RCRA 21 permit applications under subsection (d) of this Section, or 22 to UIC permit applications under subsection (e) of this 23 Section. 24 The Agency shall publish notice of all final permit 25 determinations for development permits for MSWLF units and 26 for significant permit modifications for lateral expansions 27 for existing MSWLF units one time in a newspaper of general 28 circulation in the county in which the unit is or is proposed 29 to be located. 30 After January 1, 1994 and until July 1, 1998, operating 31 permits issued under this Section by the Agency for sources 32 of air pollution permitted to emit less than 25 tons per year 33 of any combination of regulated air pollutants, as defined in 34 Section 39.5 of this Act, shall be required to be renewed HB5557 Engrossed -178- LRB9212249LBpr 1 only upon written request by the Agency consistent with 2 applicable provisions of this Act and regulations promulgated 3 hereunder. Such operating permits shall expire 180 days 4 after the date of such a request. The Board shall revise its 5 regulations for the existing State air pollution operating 6 permit program consistent with this provision by January 1, 7 1994. 8 After June 30, 1998, operating permits issued under this 9 Section by the Agency for sources of air pollution that are 10 not subject to Section 39.5 of this Act and are not required 11 to have a federally enforceable State operating permit shall 12 be required to be renewed only upon written request by the 13 Agency consistent with applicable provisions of this Act and 14 its rules. Such operating permits shall expire 180 days 15 after the date of such a request. Before July 1, 1998, the 16 Board shall revise its rules for the existing State air 17 pollution operating permit program consistent with this 18 paragraph and shall adopt rules that require a source to 19 demonstrate that it qualifies for a permit under this 20 paragraph. 21 (b) The Agency may issue NPDES permits exclusively under 22 this subsection for the discharge of contaminants from point 23 sources into navigable waters, all as defined in the Federal 24 Water Pollution Control Act, as now or hereafter amended, 25 within the jurisdiction of the State, or into any well. 26 All NPDES permits shall contain those terms and 27 conditions, including but not limited to schedules of 28 compliance, which may be required to accomplish the purposes 29 and provisions of this Act. 30 The Agency may issue general NPDES permits for discharges 31 from categories of point sources which are subject to the 32 same permit limitations and conditions. Such general permits 33 may be issued without individual applications and shall 34 conform to regulations promulgated under Section 402 of the HB5557 Engrossed -179- LRB9212249LBpr 1 Federal Water Pollution Control Act, as now or hereafter 2 amended. 3 The Agency may include, among such conditions, effluent 4 limitations and other requirements established under this 5 Act, Board regulations, the Federal Water Pollution Control 6 Act, as now or hereafter amended, and regulations pursuant 7 thereto, and schedules for achieving compliance therewith at 8 the earliest reasonable date. 9 The Agency shall adopt filing requirements and procedures 10 which are necessary and appropriate for the issuance of NPDES 11 permits, and which are consistent with the Act or regulations 12 adopted by the Board, and with the Federal Water Pollution 13 Control Act, as now or hereafter amended, and regulations 14 pursuant thereto. 15 The Agency, subject to any conditions which may be 16 prescribed by Board regulations, may issue NPDES permits to 17 allow discharges beyond deadlines established by this Act or 18 by regulations of the Board without the requirement of a 19 variance, subject to the Federal Water Pollution Control Act, 20 as now or hereafter amended, and regulations pursuant 21 thereto. 22 (c) Except for those facilities owned or operated by 23 sanitary districts organized under the Metropolitan Water 24 Reclamation District Act, no permit for the development or 25 construction of a new pollution control facility may be 26 granted by the Agency unless the applicant submits proof to 27 the Agency that the location of the facility has been 28 approved by the County Board of the county if in an 29 unincorporated area, or the governing body of the 30 municipality when in an incorporated area, in which the 31 facility is to be located in accordance with Section 39.2 of 32 this Act. 33 In the event that siting approval granted pursuant to 34 Section 39.2 has been transferred to a subsequent owner or HB5557 Engrossed -180- LRB9212249LBpr 1 operator, that subsequent owner or operator may apply to the 2 Agency for, and the Agency may grant, a development or 3 construction permit for the facility for which local siting 4 approval was granted. Upon application to the Agency for a 5 development or construction permit by that subsequent owner 6 or operator, the permit applicant shall cause written notice 7 of the permit application to be served upon the appropriate 8 county board or governing body of the municipality that 9 granted siting approval for that facility and upon any party 10 to the siting proceeding pursuant to which siting approval 11 was granted. In that event, the Agency shall conduct an 12 evaluation of the subsequent owner or operator's prior 13 experience in waste management operations in the manner 14 conducted under subsection (i) of Section 39 of this Act. 15 Beginning August 20, 1993, if the pollution control 16 facility consists of a hazardous or solid waste disposal 17 facility for which the proposed site is located in an 18 unincorporated area of a county with a population of less 19 than 100,000 and includes all or a portion of a parcel of 20 land that was, on April 1, 1993, adjacent to a municipality 21 having a population of less than 5,000, then the local siting 22 review required under this subsection (c) in conjunction with 23 any permit applied for after that date shall be performed by 24 the governing body of that adjacent municipality rather than 25 the county board of the county in which the proposed site is 26 located; and for the purposes of that local siting review, 27 any references in this Act to the county board shall be 28 deemed to mean the governing body of that adjacent 29 municipality; provided, however, that the provisions of this 30 paragraph shall not apply to any proposed site which was, on 31 April 1, 1993, owned in whole or in part by another 32 municipality. 33 In the case of a pollution control facility for which a 34 development permit was issued before November 12, 1981, if an HB5557 Engrossed -181- LRB9212249LBpr 1 operating permit has not been issued by the Agency prior to 2 August 31, 1989 for any portion of the facility, then the 3 Agency may not issue or renew any development permit nor 4 issue an original operating permit for any portion of such 5 facility unless the applicant has submitted proof to the 6 Agency that the location of the facility has been approved by 7 the appropriate county board or municipal governing body 8 pursuant to Section 39.2 of this Act. 9 After January 1, 1994, if a solid waste disposal 10 facility, any portion for which an operating permit has been 11 issued by the Agency, has not accepted waste disposal for 5 12 or more consecutive calendars years, before that facility may 13 accept any new or additional waste for disposal, the owner 14 and operator must obtain a new operating permit under this 15 Act for that facility unless the owner and operator have 16 applied to the Agency for a permit authorizing the temporary 17 suspension of waste acceptance. The Agency may not issue a 18 new operation permit under this Act for the facility unless 19 the applicant has submitted proof to the Agency that the 20 location of the facility has been approved or re-approved by 21 the appropriate county board or municipal governing body 22 under Section 39.2 of this Act after the facility ceased 23 accepting waste. 24 Except for those facilities owned or operated by sanitary 25 districts organized under the Metropolitan Water Reclamation 26 District Act, and except for new pollution control facilities 27 governed by Section 39.2, and except for fossil fuel mining 28 facilities, the granting of a permit under this Act shall not 29 relieve the applicant from meeting and securing all necessary 30 zoning approvals from the unit of government having zoning 31 jurisdiction over the proposed facility. 32 Before beginning construction on any new sewage treatment 33 plant or sludge drying site to be owned or operated by a 34 sanitary district organized under the Metropolitan Water HB5557 Engrossed -182- LRB9212249LBpr 1 Reclamation District Act for which a new permit (rather than 2 the renewal or amendment of an existing permit) is required, 3 such sanitary district shall hold a public hearing within the 4 municipality within which the proposed facility is to be 5 located, or within the nearest community if the proposed 6 facility is to be located within an unincorporated area, at 7 which information concerning the proposed facility shall be 8 made available to the public, and members of the public shall 9 be given the opportunity to express their views concerning 10 the proposed facility. 11 The Agency may issue a permit for a municipal waste 12 transfer station without requiring approval pursuant to 13 Section 39.2 provided that the following demonstration is 14 made: 15 (1) the municipal waste transfer station was in 16 existence on or before January 1, 1979 and was in 17 continuous operation from January 1, 1979 to January 1, 18 1993; 19 (2) the operator submitted a permit application to 20 the Agency to develop and operate the municipal waste 21 transfer station during April of 1994; 22 (3) the operator can demonstrate that the county 23 board of the county, if the municipal waste transfer 24 station is in an unincorporated area, or the governing 25 body of the municipality, if the station is in an 26 incorporated area, does not object to resumption of the 27 operation of the station; and 28 (4) the site has local zoning approval. 29 (d) The Agency may issue RCRA permits exclusively under 30 this subsection to persons owning or operating a facility for 31 the treatment, storage, or disposal of hazardous waste as 32 defined under this Act. 33 All RCRA permits shall contain those terms and 34 conditions, including but not limited to schedules of HB5557 Engrossed -183- LRB9212249LBpr 1 compliance, which may be required to accomplish the purposes 2 and provisions of this Act. The Agency may include among 3 such conditions standards and other requirements established 4 under this Act, Board regulations, the Resource Conservation 5 and Recovery Act of 1976 (P.L. 94-580), as amended, and 6 regulations pursuant thereto, and may include schedules for 7 achieving compliance therewith as soon as possible. The 8 Agency shall require that a performance bond or other 9 security be provided as a condition for the issuance of a 10 RCRA permit. 11 In the case of a permit to operate a hazardous waste or 12 PCB incinerator as defined in subsection (k) of Section 44, 13 the Agency shall require, as a condition of the permit, that 14 the operator of the facility perform such analyses of the 15 waste to be incinerated as may be necessary and appropriate 16 to ensure the safe operation of the incinerator. 17 The Agency shall adopt filing requirements and procedures 18 which are necessary and appropriate for the issuance of RCRA 19 permits, and which are consistent with the Act or regulations 20 adopted by the Board, and with the Resource Conservation and 21 Recovery Act of 1976 (P.L. 94-580), as amended, and 22 regulations pursuant thereto. 23 The applicant shall make available to the public for 24 inspection all documents submitted by the applicant to the 25 Agency in furtherance of an application, with the exception 26 of trade secrets, at the office of the county board or 27 governing body of the municipality. Such documents may be 28 copied upon payment of the actual cost of reproduction during 29 regular business hours of the local office. The Agency shall 30 issue a written statement concurrent with its grant or denial 31 of the permit explaining the basis for its decision. 32 (e) The Agency may issue UIC permits exclusively under 33 this subsection to persons owning or operating a facility for 34 the underground injection of contaminants as defined under HB5557 Engrossed -184- LRB9212249LBpr 1 this Act. 2 All UIC permits shall contain those terms and conditions, 3 including but not limited to schedules of compliance, which 4 may be required to accomplish the purposes and provisions of 5 this Act. The Agency may include among such conditions 6 standards and other requirements established under this Act, 7 Board regulations, the Safe Drinking Water Act (P.L. 93-523), 8 as amended, and regulations pursuant thereto, and may include 9 schedules for achieving compliance therewith. The Agency 10 shall require that a performance bond or other security be 11 provided as a condition for the issuance of a UIC permit. 12 The Agency shall adopt filing requirements and procedures 13 which are necessary and appropriate for the issuance of UIC 14 permits, and which are consistent with the Act or regulations 15 adopted by the Board, and with the Safe Drinking Water Act 16 (P.L. 93-523), as amended, and regulations pursuant thereto. 17 The applicant shall make available to the public for 18 inspection, all documents submitted by the applicant to the 19 Agency in furtherance of an application, with the exception 20 of trade secrets, at the office of the county board or 21 governing body of the municipality. Such documents may be 22 copied upon payment of the actual cost of reproduction during 23 regular business hours of the local office. The Agency shall 24 issue a written statement concurrent with its grant or denial 25 of the permit explaining the basis for its decision. 26 (f) In making any determination pursuant to Section 9.1 27 of this Act: 28 (1) The Agency shall have authority to make the 29 determination of any question required to be determined 30 by the Clean Air Act, as now or hereafter amended, this 31 Act, or the regulations of the Board, including the 32 determination of the Lowest Achievable Emission Rate, 33 Maximum Achievable Control Technology, or Best Available 34 Control Technology, consistent with the Board's HB5557 Engrossed -185- LRB9212249LBpr 1 regulations, if any. 2 (2) The Agency shall, after conferring with the 3 applicant, give written notice to the applicant of its 4 proposed decision on the application including the terms 5 and conditions of the permit to be issued and the facts, 6 conduct or other basis upon which the Agency will rely to 7 support its proposed action. 8 (3) Following such notice, the Agency shall give 9 the applicant an opportunity for a hearing in accordance 10 with the provisions of Sections 10-25 through 10-60 of 11 the Illinois Administrative Procedure Act. 12 (g) The Agency shall include as conditions upon all 13 permits issued for hazardous waste disposal sites such 14 restrictions upon the future use of such sites as are 15 reasonably necessary to protect public health and the 16 environment, including permanent prohibition of the use of 17 such sites for purposes which may create an unreasonable risk 18 of injury to human health or to the environment. After 19 administrative and judicial challenges to such restrictions 20 have been exhausted, the Agency shall file such restrictions 21 of record in the Office of the Recorder of the county in 22 which the hazardous waste disposal site is located. 23 (h) A hazardous waste stream may not be deposited in a 24 permitted hazardous waste site unless specific authorization 25 is obtained from the Agency by the generator and disposal 26 site owner and operator for the deposit of that specific 27 hazardous waste stream. The Agency may grant specific 28 authorization for disposal of hazardous waste streams only 29 after the generator has reasonably demonstrated that, 30 considering technological feasibility and economic 31 reasonableness, the hazardous waste cannot be reasonably 32 recycled for reuse, nor incinerated or chemically, physically 33 or biologically treated so as to neutralize the hazardous 34 waste and render it nonhazardous. In granting authorization HB5557 Engrossed -186- LRB9212249LBpr 1 under this Section, the Agency may impose such conditions as 2 may be necessary to accomplish the purposes of the Act and 3 are consistent with this Act and regulations promulgated by 4 the Board hereunder. If the Agency refuses to grant 5 authorization under this Section, the applicant may appeal as 6 if the Agency refused to grant a permit, pursuant to the 7 provisions of subsection (a) of Section 40 of this Act. For 8 purposes of this subsection (h), the term "generator" has the 9 meaning given in Section 3.2053.12of this Act, unless: (1) 10 the hazardous waste is treated, incinerated, or partially 11 recycled for reuse prior to disposal, in which case the last 12 person who treats, incinerates, or partially recycles the 13 hazardous waste prior to disposal is the generator; or (2) 14 the hazardous waste is from a response action, in which case 15 the person performing the response action is the generator. 16 This subsection (h) does not apply to any hazardous waste 17 that is restricted from land disposal under 35 Ill. Adm. Code 18 728. 19 (i) Before issuing any RCRA permit or any permit for a 20 waste storage site, sanitary landfill, waste disposal site, 21 waste transfer station, waste treatment facility, waste 22 incinerator, or any waste-transportation operation, the 23 Agency shall conduct an evaluation of the prospective owner's 24 or operator's prior experience in waste management 25 operations. The Agency may deny such a permit if the 26 prospective owner or operator or any employee or officer of 27 the prospective owner or operator has a history of: 28 (1) repeated violations of federal, State, or local 29 laws, regulations, standards, or ordinances in the 30 operation of waste management facilities or sites; or 31 (2) conviction in this or another State of any 32 crime which is a felony under the laws of this State, or 33 conviction of a felony in a federal court; or 34 (3) proof of gross carelessness or incompetence in HB5557 Engrossed -187- LRB9212249LBpr 1 handling, storing, processing, transporting or disposing 2 of waste. 3 (j) The issuance under this Act of a permit to engage in 4 the surface mining of any resources other than fossil fuels 5 shall not relieve the permittee from its duty to comply with 6 any applicable local law regulating the commencement, 7 location or operation of surface mining facilities. 8 (k) A development permit issued under subsection (a) of 9 Section 39 for any facility or site which is required to have 10 a permit under subsection (d) of Section 21 shall expire at 11 the end of 2 calendar years from the date upon which it was 12 issued, unless within that period the applicant has taken 13 action to develop the facility or the site. In the event that 14 review of the conditions of the development permit is sought 15 pursuant to Section 40 or 41, or permittee is prevented from 16 commencing development of the facility or site by any other 17 litigation beyond the permittee's control, such two-year 18 period shall be deemed to begin on the date upon which such 19 review process or litigation is concluded. 20 (l) No permit shall be issued by the Agency under this 21 Act for construction or operation of any facility or site 22 located within the boundaries of any setback zone established 23 pursuant to this Act, where such construction or operation is 24 prohibited. 25 (m) The Agency may issue permits to persons owning or 26 operating a facility for composting landscape waste. In 27 granting such permits, the Agency may impose such conditions 28 as may be necessary to accomplish the purposes of this Act, 29 and as are not inconsistent with applicable regulations 30 promulgated by the Board. Except as otherwise provided in 31 this Act, a bond or other security shall not be required as a 32 condition for the issuance of a permit. If the Agency denies 33 any permit pursuant to this subsection, the Agency shall 34 transmit to the applicant within the time limitations of this HB5557 Engrossed -188- LRB9212249LBpr 1 subsection specific, detailed statements as to the reasons 2 the permit application was denied. Such statements shall 3 include but not be limited to the following: 4 (1) the Sections of this Act that may be violated 5 if the permit were granted; 6 (2) the specific regulations promulgated pursuant 7 to this Act that may be violated if the permit were 8 granted; 9 (3) the specific information, if any, the Agency 10 deems the applicant did not provide in its application to 11 the Agency; and 12 (4) a statement of specific reasons why the Act and 13 the regulations might be violated if the permit were 14 granted. 15 If no final action is taken by the Agency within 90 days 16 after the filing of the application for permit, the applicant 17 may deem the permit issued. Any applicant for a permit may 18 waive the 90 day limitation by filing a written statement 19 with the Agency. 20 The Agency shall issue permits for such facilities upon 21 receipt of an application that includes a legal description 22 of the site, a topographic map of the site drawn to the scale 23 of 200 feet to the inch or larger, a description of the 24 operation, including the area served, an estimate of the 25 volume of materials to be processed, and documentation that: 26 (1) the facility includes a setback of at least 200 27 feet from the nearest potable water supply well; 28 (2) the facility is located outside the boundary of 29 the 10-year floodplain or the site will be floodproofed; 30 (3) the facility is located so as to minimize 31 incompatibility with the character of the surrounding 32 area, including at least a 200 foot setback from any 33 residence, and in the case of a facility that is 34 developed or the permitted composting area of which is HB5557 Engrossed -189- LRB9212249LBpr 1 expanded after November 17, 1991, the composting area is 2 located at least 1/8 mile from the nearest residence 3 (other than a residence located on the same property as 4 the facility); 5 (4) the design of the facility will prevent any 6 compost material from being placed within 5 feet of the 7 water table, will adequately control runoff from the 8 site, and will collect and manage any leachate that is 9 generated on the site; 10 (5) the operation of the facility will include 11 appropriate dust and odor control measures, limitations 12 on operating hours, appropriate noise control measures 13 for shredding, chipping and similar equipment, management 14 procedures for composting, containment and disposal of 15 non-compostable wastes, procedures to be used for 16 terminating operations at the site, and recordkeeping 17 sufficient to document the amount of materials received, 18 composted and otherwise disposed of; and 19 (6) the operation will be conducted in accordance 20 with any applicable rules adopted by the Board. 21 The Agency shall issue renewable permits of not longer 22 than 10 years in duration for the composting of landscape 23 wastes, as defined in Section 3.1553.70of this Act, based 24 on the above requirements. 25 The operator of any facility permitted under this 26 subsection (m) must submit a written annual statement to the 27 Agency on or before April 1 of each year that includes an 28 estimate of the amount of material, in tons, received for 29 composting. 30 (n) The Agency shall issue permits jointly with the 31 Department of Transportation for the dredging or deposit of 32 material in Lake Michigan in accordance with Section 18 of 33 the Rivers, Lakes, and Streams Act. 34 (o) (Blank.)From September 4, 1990 until December 31,HB5557 Engrossed -190- LRB9212249LBpr 11993, no permit shall be issued by the Agency for the2development or construction of any new facility intended to3be used for the incineration of any hazardous waste. This4subsection shall not apply to facilities intended for use for5combustion of potentially infectious medical waste, for use6as part of a State or federally designated clean-up action,7or for use solely for the conduct of research and the8development and demonstration of technologies for the9incineration of hazardous waste.10 (p) (1) Any person submitting an application for a 11 permit for a new MSWLF unit or for a lateral expansion under 12 subsection (t) of Section 21 of this Act for an existing 13 MSWLF unit that has not received and is not subject to local 14 siting approval under Section 39.2 of this Act shall publish 15 notice of the application in a newspaper of general 16 circulation in the county in which the MSWLF unit is or is 17 proposed to be located. The notice must be published at 18 least 15 days before submission of the permit application to 19 the Agency. The notice shall state the name and address of 20 the applicant, the location of the MSWLF unit or proposed 21 MSWLF unit, the nature and size of the MSWLF unit or proposed 22 MSWLF unit, the nature of the activity proposed, the probable 23 life of the proposed activity, the date the permit 24 application will be submitted, and a statement that persons 25 may file written comments with the Agency concerning the 26 permit application within 30 days after the filing of the 27 permit application unless the time period to submit comments 28 is extended by the Agency. 29 When a permit applicant submits information to the Agency 30 to supplement a permit application being reviewed by the 31 Agency, the applicant shall not be required to reissue the 32 notice under this subsection. 33 (2) The Agency shall accept written comments concerning 34 the permit application that are postmarked no later than 30 HB5557 Engrossed -191- LRB9212249LBpr 1 days after the filing of the permit application, unless the 2 time period to accept comments is extended by the Agency. 3 (3) Each applicant for a permit described in part (1) of 4 this subsection shall file a copy of the permit application 5 with the county board or governing body of the municipality 6 in which the MSWLF unit is or is proposed to be located at 7 the same time the application is submitted to the Agency. 8 The permit application filed with the county board or 9 governing body of the municipality shall include all 10 documents submitted to or to be submitted to the Agency, 11 except trade secrets as determined under Section 7.1 of this 12 Act. The permit application and other documents on file with 13 the county board or governing body of the municipality shall 14 be made available for public inspection during regular 15 business hours at the office of the county board or the 16 governing body of the municipality and may be copied upon 17 payment of the actual cost of reproduction. 18 (Source: P.A. 89-487, eff. 6-21-96; 89-556, eff. 7-26-96; 19 90-14, eff. 7-1-97; 90-367, eff. 8-10-97; 90-537, eff. 20 11-26-97; 90-655, eff 7-30-98.) 21 (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2) 22 Sec. 39.2. Local siting review. 23 (a) The county board of the county or the governing body 24 of the municipality, as determined by paragraph (c) of 25 Section 39 of this Act, shall approve or disapprove the 26 request for local siting approval for each pollution control 27 facility which is subject to such review. An applicant for 28 local siting approval shall submit sufficient details 29 describing the proposed facility to demonstrate compliance, 30 and local siting approval shall be granted only if the 31 proposed facility meets the following criteria: 32 (i) the facility is necessary to accommodate the 33 waste needs of the area it is intended to serve; HB5557 Engrossed -192- LRB9212249LBpr 1 (ii) the facility is so designed, located and 2 proposed to be operated that the public health, safety 3 and welfare will be protected; 4 (iii) the facility is located so as to minimize 5 incompatibility with the character of the surrounding 6 area and to minimize the effect on the value of the 7 surrounding property; 8 (iv) (A) for a facility other than a sanitary 9 landfill or waste disposal site, the facility is located 10 outside the boundary of the 100 year flood plain or the 11 site is flood-proofed; (B) for a facility that is a 12 sanitary landfill or waste disposal site, the facility is 13 located outside the boundary of the 100-year floodplain, 14 or if the facility is a facility described in subsection 15 (b)(3) of Section 22.19a, the site is flood-proofed; 16 (v) the plan of operations for the facility is 17 designed to minimize the danger to the surrounding area 18 from fire, spills, or other operational accidents; 19 (vi) the traffic patterns to or from the facility 20 are so designed as to minimize the impact on existing 21 traffic flows; 22 (vii) if the facility will be treating, storing or 23 disposing of hazardous waste, an emergency response plan 24 exists for the facility which includes notification, 25 containment and evacuation procedures to be used in case 26 of an accidental release; 27 (viii) if the facility is to be located in a county 28 where the county board has adopted a solid waste 29 management plan consistent with the planning requirements 30 of the Local Solid Waste Disposal Act or the Solid Waste 31 Planning and Recycling Act, the facility is consistent 32 with that plan; and 33 (ix) if the facility will be located within a 34 regulated recharge area, any applicable requirements HB5557 Engrossed -193- LRB9212249LBpr 1 specified by the Board for such areas have been met. 2 The county board or the governing body of the 3 municipality may also consider as evidence the previous 4 operating experience and past record of convictions or 5 admissions of violations of the applicant (and any subsidiary 6 or parent corporation) in the field of solid waste management 7 when considering criteria (ii) and (v) under this Section. 8 (b) No later than 14 days before the date on which the 9 county board or governing body of the municipality receives 10prior toa request for sitelocationapproval, the applicant 11 shall cause written notice of such request to be served 12 either in person or by registered mail, return receipt 13 requested, on the owners of all property within the subject 14 area not solely owned by the applicant, and on the owners of 15 all property within 250 feet in each direction of the lot 16 line of the subject property, said owners being such persons 17 or entities which appear from the authentic tax records of 18 the County in which such facility is to be located; provided, 19 that the number of all feet occupied by all public roads, 20 streets, alleys and other public ways shall be excluded in 21 computing the 250 feet requirement; provided further, that in 22 no event shall this requirement exceed 400 feet, including 23 public streets, alleys and other public ways. 24 Such written notice shall also be served upon members of 25 the General Assembly from the legislative district in which 26 the proposed facility is located and shall be published in a 27 newspaper of general circulation published in the county in 28 which the site is located. 29 Such notice shall state the name and address of the 30 applicant, the location of the proposed site, the nature and 31 size of the development, the nature of the activity proposed, 32 the probable life of the proposed activity, the date when the 33 request for site approval will be submitted, and a 34 description of the right of persons to comment on such HB5557 Engrossed -194- LRB9212249LBpr 1 request as hereafter provided. 2 (c) An applicant shall file a copy of its request with 3 the county board of the county or the governing body of the 4 municipality in which the proposed site is located. The 5 request shall include (i) the substance of the applicant's 6 proposal and (ii) all documents, if any, submitted as of that 7 date to the Agency pertaining to the proposed facility, 8 except trade secrets as determined under Section 7.1 of this 9 Act. All such documents or other materials on file with the 10 county board or governing body of the municipality shall be 11 made available for public inspection at the office of the 12 county board or the governing body of the municipality and 13 may be copied upon payment of the actual cost of 14 reproduction. 15 Any person may file written comment with the county board 16 or governing body of the municipality concerning the 17 appropriateness of the proposed site for its intended 18 purpose. The county board or governing body of the 19 municipality shall consider any comment received or 20 postmarked not later than 30 days after the date of the last 21 public hearing. 22 (d) At least one public hearing is to be held by the 23 county board or governing body of the municipality no sooner 24 than 90 days but no later than 120 days after the date on 25 which it receivedfrom receipt ofthe request for site 26 approval. No later than 14 days prior to such hearing, 27 notice shall be published in a newspaper of general 28 circulation published in the county of the proposed site, and 29 delivered by certified mail to all members of the General 30 Assembly from the district in which the proposed site is 31 located, to the governing authority of every municipality 32 contiguous to the proposed site or contiguous to the 33 municipality in which the proposed site is to be located, to 34 the county board of the county where the proposed site is to HB5557 Engrossed -195- LRB9212249LBpr 1 be located, if the proposed site is located within the 2 boundaries of a municipality, and to the Agency. Members or 3 representatives of the governing authority of a municipality 4 contiguous to the proposed site or contiguous to the 5 municipality in which the proposed site is to be located 6 and, if the proposed site is located in a municipality, 7 members or representatives of the county board of a county in 8 which the proposed site is to be located may appear at and 9 participate in public hearings held pursuant to this Section. 10 The public hearing shall develop a record sufficient to form 11 the basis of appeal of the decision in accordance with 12 Section 40.1 of this Act. The fact that a member of the 13 county board or governing body of the municipality has 14 publicly expressed an opinion on an issue related to a site 15 review proceeding shall not preclude the member from taking 16 part in the proceeding and voting on the issue. 17 (e) Decisions of the county board or governing body of 18 the municipality are to be in writing, specifying the reasons 19 for the decision, such reasons to be in conformance with 20 subsection (a) of this Section. In granting approval for a 21 site the county board or governing body of the municipality 22 may impose such conditions as may be reasonable and necessary 23 to accomplish the purposes of this Section and as are not 24 inconsistent with regulations promulgated by the Board. Such 25 decision shall be available for public inspection at the 26 office of the county board or governing body of the 27 municipality and may be copied upon payment of the actual 28 cost of reproduction. If there is no final action by the 29 county board or governing body of the municipality within 180 30 days after the date on which it receivedfiling ofthe 31 request for site approval, the applicant may deem the request 32 approved. 33 At any time prior to completion by the applicant of the 34 presentation of the applicant's factual evidence and an HB5557 Engrossed -196- LRB9212249LBpr 1 opportunity for cross-questioning by the county board or 2 governing body of the municipality and any participants, the 3 applicant may file not more than one amended application upon 4 payment of additional fees pursuant to subsection (k); in 5 which case the time limitation for final action set forth in 6 this subsection (e) shall be extended for an additional 7 period of 90 days. 8 If, prior to making a final local siting decision, a 9 county board or governing body of a municipality has 10 negotiated and entered into a host agreement with the local 11 siting applicant, the terms and conditions of the host 12 agreement, whether written or oral, shall be disclosed and 13 made a part of the hearing record for that local siting 14 proceeding. In the case of an oral agreement, the disclosure 15 shall be made in the form of a written summary jointly 16 prepared and submitted by the county board or governing body 17 of the municipality and the siting applicant and shall 18 describe the terms and conditions of the oral agreement. 19 (e-5) Siting approval obtained pursuant to this Section 20 is transferable and may be transferred to a subsequent owner 21 or operator. In the event that siting approval has been 22 transferred to a subsequent owner or operator, that 23 subsequent owner or operator assumes and takes subject to any 24 and all conditions imposed upon the prior owner or operator 25 by the county board of the county or governing body of the 26 municipality pursuant to subsection (e). However, any such 27 conditions imposed pursuant to this Section may be modified 28 by agreement between the subsequent owner or operator and the 29 appropriate county board or governing body. Further, in the 30 event that siting approval obtained pursuant to this Section 31 has been transferred to a subsequent owner or operator, that 32 subsequent owner or operator assumes all rights and 33 obligations and takes the facility subject to any and all 34 terms and conditions of any existing host agreement between HB5557 Engrossed -197- LRB9212249LBpr 1 the prior owner or operator and the appropriate county board 2 or governing body. 3 (f) A local siting approval granted under this Section 4 shall expire at the end of 2 calendar years from the date 5 upon which it was granted, unless the local siting approval 6 granted under this Section is for a sanitary landfill 7 operation, in which case the approval shall expire at the end 8 of 3 calendar years from the date upon which it was granted, 9 and unless within that period the applicant has made 10 application to the Agency for a permit to develop the site. 11 In the event that the local siting decision has been 12 appealed, such expiration period shall be deemed to begin on 13 the date upon which the appeal process is concluded. 14 Except as otherwise provided in this subsection, upon the 15 expiration of a development permit under subsection (k) of 16 Section 39, any associated local siting approval granted for 17 the facility under this Section shall also expire. 18 If a first development permit for a municipal waste 19 incineration facility expires under subsection (k) of Section 20 39 after September 30, 1989 due to circumstances beyond the 21 control of the applicant, any associated local siting 22 approval granted for the facility under this Section may be 23 used to fulfill the local siting approval requirement upon 24 application for a second development permit for the same 25 site, provided that the proposal in the new application is 26 materially the same, with respect to the criteria in 27 subsection (a) of this Section, as the proposal that received 28 the original siting approval, and application for the second 29 development permit is made before January 1, 1990. 30 (g) The siting approval procedures, criteria and appeal 31 procedures provided for in this Act for new pollution control 32 facilities shall be the exclusive siting procedures and rules 33 and appeal procedures for facilities subject to such 34 procedures. Local zoning or other local land use requirements HB5557 Engrossed -198- LRB9212249LBpr 1 shall not be applicable to such siting decisions. 2 (h) Nothing in this Section shall apply to any existing 3 or new pollution control facility located within the 4 corporate limits of a municipality with a population of over 5 1,000,000. 6 (i) (Blank.)The Department shall make a study of7technical considerations relating to the siting of new8pollution control facilities. Such study shall include, but9need not be limited to, a determination of the geologic and10hydrologic conditions in the State most suitable for the11siting of such facilities, the establishment of a data base12on such conditions in Illinois, and recommendations for the13establishment of technical guidelines and criteria to be used14in making such siting decisions. The Department shall report15such study and recommendations to the General Assembly, the16Governor, the Board and the public no later than October 1,171984.18 The Board shall adopt regulations establishing the 19 geologic and hydrologic siting criteria necessary to protect 20 usable groundwater resources which are to be followed by the 21 Agency in its review of permit applications for new pollution 22 control facilities. Such regulations, insofar as they apply 23 to new pollution control facilities authorized to store, 24 treat or dispose of any hazardous waste, shall be at least as 25 stringent as the requirements of the Resource Conservation 26 and Recovery Act and any State or federal regulations adopted 27 pursuant thereto. 28 (j) Any new pollution control facility which has never 29 obtained local siting approval under the provisions of this 30 Section shall be required to obtain such approval after a 31 final decision on an appeal of a permit denial. 32 (k) A county board or governing body of a municipality 33 may charge applicants for siting review under this Section a 34 reasonable fee to cover the reasonable and necessary costs HB5557 Engrossed -199- LRB9212249LBpr 1 incurred by such county or municipality in the siting review 2 process. 3 (l) The governing Authority as determined by subsection 4 (c) of Section 39 of this Act may request the Department of 5 Transportation to perform traffic impact studies of proposed 6 or potential locations for required pollution control 7 facilities. 8 (m) An applicant may not file a request for local siting 9 approval which is substantially the same as a request which 10 was disapproved pursuant to a finding against the applicant 11 under any of criteria (i) through (ix) of subsection (a) of 12 this Section within the preceding 2 years. 13 (n) In any review proceeding of a decision of the county 14 board or governing body of a municipality made pursuant to 15 the local siting review process, the petitioner in the review 16 proceeding shall pay to the county or municipality the cost 17 of preparing and certifying the record of proceedings. 18 Should the petitioner in the review proceeding fail to make 19 payment, the provisions of Section 3-109 of the Code of Civil 20 Procedure shall apply. 21 In the event the petitioner is a citizens' group that 22 participated in the siting proceeding and is so located as to 23 be affected by the proposed facility, such petitioner shall 24 be exempt from paying the costs of preparing and certifying 25 the record. 26 (o) Notwithstanding any other provision of this Section, 27 a transfer station used exclusively for landscape waste, 28 where landscape waste is held no longer than 24 hours from 29 the time it was received, is not subject to the requirements 30 of local siting approval under this Section, but is subject 31 only to local zoning approval. 32 (Source: P.A. 90-217, eff. 1-1-98; 90-409, eff. 8-15-97; 33 90-503, eff. 8-19-97; 90-537, eff. 11-26-97; 90-655, eff. 34 7-30-98; 91-588, eff. 8-14-99.) HB5557 Engrossed -200- LRB9212249LBpr 1 (415 ILCS 5/39.3) (from Ch. 111 1/2, par. 1039.3) 2 Sec. 39.3. Hazardous waste facilities. 3 (a) The provisions of this Section apply to any 4 application for a permit under the Solid Waste Rules of the 5 Board's Rules and Regulations to develop a new pollution 6 control facility for the disposal of hazardous waste, and to 7 any application to modify the development of an existing site 8 or facility which would allow the disposal of hazardous waste 9 for the first time. The requirements of this Section are in 10 addition to any other procedures as may be required by law. 11 (b) Any application for a permit under this Section 12 shall be made to the Agency, and shall be accompanied by 13 proof that notice of the application has been served upon the 14 Attorney General, the State's Attorney and the Chairman of 15 the County Board of the county in which the facility is 16 proposed to be located, each member of the General Assembly 17 from the legislative district in which the facility is 18 proposed to be located, and the clerk of each municipality, 19 any portion of which is within three miles of the boundary of 20 the facility. Upon the request of any person upon whom 21 notice is required to be served, the applicant shall promptly 22 furnish a copy of the application to the person making the 23 request. 24 (c) (i) Not more than 90 days after receipt of a 25 complete application for a permit under this Section, the 26 Agency shall give public notice of its preliminary 27 determination to either issue or deny the permit, and shall 28 give notice of the opportunity for a public hearing on that 29 preliminary determination under this Section. Upon the 30 request of the permit applicant, or of any other person who 31 is admitted as a party pursuant to subsection (d), the Agency 32 shall schedule a public hearing pursuant to subsection (e). 33 (ii) The Agency notice shall be published in a newspaper 34 of general circulation in the county in which the site is HB5557 Engrossed -201- LRB9212249LBpr 1 proposed to be located, and shall be served upon the Attorney 2 General, the State's Attorney and the Chairman of the County 3 Board of the county in which the facility is proposed to be 4 located, each member of the General Assembly from the 5 legislative district in which the facility is proposed to be 6 located, and the clerk of each municipality, any portion of 7 which is within three miles of the boundary of the facility. 8 (iii) The contents, form, and manner of service of the 9 Agency notice shall conform to the requirements of Section 10 10-25 of the Illinois Administrative Procedure Act. 11 (d) Within 60 days after the date of the Agency notice 12 required by subsection (c) of this Section, any person who 13 may be adversely affected by an Agency decision on the permit 14 application may petition the Agency to intervene before the 15 Agency as a party. The petition to intervene shall contain a 16 short and plain statement identifying the petitioner and 17 stating the petitioner's interest. The petitioner shall 18 serve the petition upon the applicant for the permit and upon 19 any other persons who have petitioned to intervene. Unless 20 the Agency determines that the petition is duplicative 21duplicitousor frivolous, it shall admit the petitioner as a 22 party. 23 (e) (i) Not less than 60 days nor more than 180 days 24 after the date of the Agency notice required by subsection 25 (c) of this Section, the Agency shall commence the public 26 hearing required by this Section. 27 (ii) The public hearing and other proceedings required 28 by this Section shall be conducted in accordance with the 29 provisions concerning contested cases of the Illinois 30 Administrative Procedure Act. 31 (iii) The public hearing required by this Section may, 32 with the concurrence of the Agency, the permit applicant and 33 the County Board of the county or the governing body of the 34 municipality, be conducted jointly with the public hearing HB5557 Engrossed -202- LRB9212249LBpr 1 required by Section 39.2 of this Act. 2 (iv) All documents submitted to the Agency in connection 3 with the public hearing shall be reproduced and filed at the 4 office of the county board or governing body of the 5 municipality and may be copied upon payment of the actual 6 cost of reproduction. 7 (f) Within sixty days of the completion of the public 8 hearing required by this Section the Agency shall render a 9 final decision either granting or denying the permit. 10 (g) The Agency shall adopt such procedural rules as may 11 be necessary and appropriate to carry out its duties under 12 this Section which are not inconsistent with the requirements 13 of this Section. In adopting such procedural rules the 14 Agency shall follow the requirements concerning rulemaking of 15 the Illinois Administrative Procedure Act. 16 (h) This Section shall not apply to permits issued by 17 the Agency pursuant to authority delegated from the United 18 States pursuant to the Resource Conservation and Recovery Act 19 of 1976, P.L. 94-580, as amended, or the Safe Drinking Water 20 Act, P.L. 93-523, as amended. 21 (Source: P.A. 90-655, eff. 7-30-98.) 22 (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040) 23 Sec. 40. Appeal of permit denial. 24 (a) (1) If the Agency refuses to grant or grants with 25 conditions a permit under Section 39 of this Act, the 26 applicant may, within 35 days after the date on which the 27 Agency served its decision on the applicant, petition for a 28 hearing before the Board to contest the decision of the 29 Agency. However, the 35-day period for petitioning for a 30 hearing may be extended for an additionalaperiod of time 31 not to exceed 90 days by written notice provided to the Board 32 from the applicant and the Agency within the initial appeal 33 period. The Board shall give 21 day notice to any person in HB5557 Engrossed -203- LRB9212249LBpr 1 the county where is located the facility in issue who has 2 requested notice of enforcement proceedings and to each 3 member of the General Assembly in whose legislative district 4 that installation or property is located; and shall publish 5 that 21 day notice in a newspaper of general circulation in 6 that county. The Agency shall appear as respondent in such 7 hearing. At such hearing the rules prescribed in Section 32 8 and subsection (a) of Section 33 of this Act shall apply, and 9 the burden of proof shall be on the petitioner. If, however, 10 the Agency issues an NPDES permit that imposes limits which 11 are based upon a criterion or denies a permit based upon 12 application of a criterion, then the Agency shall have the 13 burden of going forward with the basis for the derivation of 14 those limits or criterion which were derived under the 15 Board's rules. 16 (2) Except as provided in paragraph (a)(3), if there is 17 no final action by the Board within 120 days after the date 18 on which it received the petition, the petitioner may deem 19 the permit issued under this Act, provided, however, that 20 that period of 120 days shall not run for any period of time, 21 not to exceed 30 days, during which the Board is without 22 sufficient membership to constitute the quorum required by 23 subsection (a) of Section 5 of this Act, and provided further 24 that such 120 day period shall not be stayed for lack of 25 quorum beyond 30 days regardless of whether the lack of 26 quorum exists at the beginning of such 120 day period or 27 occurs during the running of such 120 day period. 28 (3) Paragraph (a)(2) shall not apply to any permit which 29 is subject to subsection (b), (d) or (e) of Section 39. If 30 there is no final action by the Board within 120 days after 31 the date on which it received the petition, the petitioner 32 shall be entitled to an Appellate Court order pursuant to 33 subsection (d) of Section 41 of this Act. 34 (b) If the Agency grants a RCRA permit for a hazardous HB5557 Engrossed -204- LRB9212249LBpr 1 waste disposal site, a third party, other than the permit 2 applicant or Agency, may, within 35 days after the date on 3 which the Agency issued its decision, petition the Board 4within 35 daysfor a hearing to contest the issuance of the 5 permit. Unless the Board determines that such petition is 6 duplicativeduplicitousor frivolous, or that the petitioner 7 is so located as to not be affected by the permitted 8 facility, the Board shall hear the petition in accordance 9 with the terms of subsection (a) of this Section and its 10 procedural rules governing denial appeals, such hearing to be 11 based exclusively on the record before the Agency. The 12 burden of proof shall be on the petitioner. The Agency and 13 the permit applicant shall be named co-respondents. 14 The provisions of this subsection do not apply to the 15 granting of permits issued for the disposal or utilization of 16 sludge from publicly-owned sewage works. 17 (c) Any party to an Agency proceeding conducted pursuant 18 to Section 39.3 of this Act may petition as of right to the 19 Board for review of the Agency's decision within 35 days from 20 the date of issuance of the Agency's decision, provided that 21 such appeal is not duplicativeduplicitousor frivolous. 22 However, the 35-day period for petitioning for a hearing may 23 be extended by the applicant for a period of time not to 24 exceed 90 days by written notice provided to the Board from 25 the applicant and the Agency within the initial appeal 26 period. If another person with standing to appeal wishes to 27 obtain an extension, there must be a written notice provided 28 to the Board by that person, the Agency, and the applicant, 29 within the initial appeal period. The decision of the Board 30 shall be based exclusively on the record compiled in the 31 Agency proceeding. In other respects the Board's review 32 shall be conducted in accordance with subsection (a) of this 33 Section and the Board's procedural rules governing permit 34 denial appeals. HB5557 Engrossed -205- LRB9212249LBpr 1 (d) In reviewing the denial or any condition of a permit 2 issued by the Agency pursuant to rules and regulations 3 adopted under subsection (c) of Section 9.1 of this Act, the 4 decision of the Board shall be based exclusively on the 5 record before the Agency including the record of the hearing, 6 if any, held pursuant to paragraph (f)(3) of Section 39 7 unless the parties agree to supplement the record. The Board 8 shall, if it finds the Agency is in error, make a final 9 determination as to the substantive limitations of the permit 10 including a final determination of Lowest Achievable Emission 11 Rate or Best Available Control Technology. 12 (e) (1) If the Agency grants or denies a permit under 13 subsection (b) of Section 39 of this Act, a third party, 14 other than the permit applicant or Agency, may petition 15 the Board within 35 days from the date of issuance of the 16 Agency's decision, for a hearing to contest the decision 17 of the Agency. 18 (2) A petitioner shall include the following within 19 a petition submitted under subdivision (1) of this 20 subsection: 21 (A) a demonstration that the petitioner raised 22 the issues contained within the petition during the 23 public notice period or during the public hearing on 24 the NPDES permit application, if a public hearing 25 was held; and 26 (B) a demonstration that the petitioner is so 27 situated as to be affected by the permitted 28 facility. 29 (3) If the Board determines that the petition is 30 not duplicativeduplicitousor frivolous and contains a 31 satisfactory demonstration under subdivision (2) of this 32 subsection, the Board shall hear the petition (i) in 33 accordance with the terms of subsection (a) of this 34 Section and its procedural rules governing permit denial HB5557 Engrossed -206- LRB9212249LBpr 1 appeals and (ii) exclusively on the basis of the record 2 before the Agency. The burden of proof shall be on the 3 petitioner. The Agency and permit applicant shall be 4 named co-respondents. 5 (f) Any person who files a petition to contest the 6 issuance of a permit by the Agency shall pay a filing fee. 7 (Source: P.A. 90-274, eff. 7-30-97.) 8 (415 ILCS 5/40.1) (from Ch. 111 1/2, par. 1040.1) 9 Sec. 40.1. Appeal of siting approval. 10 (a) If the county board or the governing body of the 11 municipality, as determined by paragraph (c) of Section 39 of 12 this Act, refuses to grant or grants with conditions approval 13 under Section 39.2 of this Act, the applicant may, within 35 14 days after the date on which the local siting authority 15 disapproved or conditionally approved siting, petition for a 16 hearing before the Board to contest the decision of the 17 county board or the governing body of the municipality. The 18 Board shall publish 21 day notice of the hearing on the 19 appeal in a newspaper of general circulation published in 20 that county. The county board or governing body of the 21 municipality shall appear as respondent in such hearing, and 22 such hearing shall be based exclusively on the record before 23 the county board or the governing body of the municipality. 24 At such hearing the rules prescribed in Sections 32 and 33 25 (a) of this Act shall apply, and the burden of proof shall be 26 on the petitioner; however, no new or additional evidence in 27 support of or in opposition to any finding, order, 28 determination or decision of the appropriate county board or 29 governing body of the municipality shall be heard by the 30 Board. In making its orders and determinations under this 31 Section the Board shall include in its consideration the 32 written decision and reasons for the decision of the county 33 board or the governing body of the municipality, the HB5557 Engrossed -207- LRB9212249LBpr 1 transcribed record of the hearing held pursuant to subsection 2 (d) of Section 39.2, and the fundamental fairness of the 3 procedures used by the county board or the governing body of 4 the municipality in reaching its decision. The Board shall 5 transmit a copy of its decision to the office of the county 6 board or governing body of the municipality where it shall be 7 available for public inspection and copied upon payment of 8 the actual cost of reproduction. If there is no final action 9 by the Board within 120 days after the date on which it 10 received the petition, the petitioner may deem the site 11 location approved; provided, however, that that period of 120 12 days shall not run for any period of time, not to exceed 30 13 days, during which the Board is without sufficient membership 14 to constitute the quorum required by subsection (a) of 15 Section 5 of this Act, and provided further, that such 120 16 day period shall not be stayed for lack of quorum beyond 30 17 days regardless of whether the lack of quorum exists at the 18 beginning of such 120 day period or occurs during the running 19 of such 120 day period. 20 (b) If the county board or the governing body of the 21 municipality as determined by paragraph (c) of Section 39 of 22 this Act, grants approval under Section 39.2 of this Act, a 23 third party other than the applicant who participated in the 24 public hearing conducted by the county board or governing 25 body of the municipality may,petition the Boardwithin 35 26 days after the date on which the local siting authority 27 granted siting approval, petition the Board for a hearing to 28 contest the approval of the county board or the governing 29 body of the municipality. Unless the Board determines that 30 such petition is duplicativeduplicitousor frivolous, or 31 that the petitioner is so located as to not be affected by 32 the proposed facility, the Board shall hear the petition in 33 accordance with the terms of subsection (a) of this Section 34 and its procedural rules governing denial appeals, such HB5557 Engrossed -208- LRB9212249LBpr 1 hearing to be based exclusively on the record before county 2 board or the governing body of the municipality. The burden 3 of proof shall be on the petitioner. The county board or the 4 governing body of the municipality and the applicant shall be 5 named as co-respondents. 6 The Board shall transmit a copy of its decision to the 7 office of the county board or governing body of the 8 municipality where it shall be available for public 9 inspection and may be copied upon payment of the actual cost 10 of reproduction. 11 (c) Any person who files a petition to contest a 12 decision of the county board or governing body of the 13 municipality shall pay a filing fee. 14 (Source: P.A. 85-1331.) 15 (415 ILCS 5/40.2) (from Ch. 111 1/2, par. 1040.2) 16 Sec. 40.2. Application of review process. 17 (a) Subsection (a) of Section 40 does not apply to any 18 permit which is subject to Section 39.5. If the Agency 19 refuses to grant or grants with conditions a CAAPP permit, 20 makes a determination of incompleteness regarding a submitted 21 CAAPP application, or fails to act on an application for a 22 CAAPP permit, permit renewal, or permit revision within the 23 time specified in paragraph 5(j) of Section 39.5 of this Act, 24 the applicant, any person who participated in the public 25 comment process pursuant to subsection 8 of Section 39.5 of 26 this Act, or any other person who could obtain judicial 27 reviewa hearing before the Boardpursuant to Section 41(a) 28 of this Act, may, within 35 days after final permit action, 29 petition for a hearing before the Board to contest the 30 decision of the Agency. However, the 35-day period for 31 petitioning for a hearing may be extended by the applicant 32 for an additionalaperiod of time not to exceed 90 days by 33 written notice provided to the Board from the applicant and HB5557 Engrossed -209- LRB9212249LBpr 1 the Agency within the initial appeal period. If another 2 person with standing to appeal wishes to obtain an extension, 3 there must be a written notice provided to the Board by that 4 person, the Agency, and the applicant, within the initial 5 appeal period. Notwithstanding the preceding requirements, 6 petitions for a hearing before the Board under this 7 subsection may be filed after the 35-day period, only if such 8 petitions are based solely on grounds arising after the 9 35-day period expires. Such petitions shall be filed within 10 35 days after the new grounds for review arise. If the final 11 permit action being challenged is the Agency's failure to 12 take final action, a petition for a hearing before the Board 13 shall be filed before the Agency denies or issues the final 14 permit. 15 The Agency shall appear as respondent in such hearing. 16 At such hearing the rules prescribed in Sections 32 and 33(a) 17 of this Act shall apply, and the burden of proof shall be on 18 the petitioner. 19 (b) The Agency's failure to take final action within 90 20 days of receipt of an application requesting minor permit 21 modification procedures (or 180 days for modifications 22 subject to group processing requirements), pursuant to 23 subsection 14 of Section 39.5, will be subject to this 24 Section and Section 41 of this Act. 25 (c) If there is no final action by the Board within 120 26 days after the date on which it received the petition, the 27 permit shall not be deemed issued; rather, the petitioner 28 shall be entitled to an Appellate Court order pursuant to 29 Section 41(d) of this Act. The period of 120 days shall not 30 run for any period of time, not to exceed 30 days, during 31 which the Board is without sufficient membership to 32 constitute the quorum required by subsection (a) of Section 5 33 of this Act; the 120 day period shall not be stayed for lack 34 of quorum beyond 30 days, regardless of whether the lack of HB5557 Engrossed -210- LRB9212249LBpr 1 quorum exists at the beginning of the 120 day period or 2 occurs during the running of the 120 day period. 3 (d) Any person who files a petition to contest the final 4 permit action by the Agency under this Section shall pay a 5 filing fee. 6 (e) The Agency shall notify USEPA, in writing, of any 7 petition for hearing brought under this Section involving a 8 provision or denial of a Phase II acid rain permit within 30 9 days of the filing of the petition. USEPA may intervene as a 10 matter of right in any such hearing. The Agency shall notify 11 USEPA, in writing, of any determination or order in a hearing 12 brought under this Section that interprets, voids, or 13 otherwise relates to any portion of a Phase II acid rain 14 permit. 15 (Source: P.A. 91-357, eff. 7-29-99.) 16 (415 ILCS 5/45) (from Ch. 111 1/2, par. 1045) 17 Sec. 45. Injunctive and other relief. 18 (a) No existing civil or criminal remedy for any 19 wrongful action shall be excluded or impaired by this Act. 20 Nothing in this Act shall be construed to limit or supersede 21 the provisions of the Illinois Oil and Gas Act and the powers 22 therein granted to prevent the intrusion of water into oil, 23 gas or coal strata and to prevent the pollution of fresh 24 water supplies by oil, gas or salt water or oil field wastes, 25 except that water quality standards as set forth by the 26 Pollution Control Board apply to and are effective within the 27 areas covered by and affected by permits issued by the 28 Department of Natural Resources. However, if the Department 29 of Natural Resources fails to act upon any complaint within a 30 period of 10 working days following the receipt of a 31 complaint by the Department, the Environmental Protection 32 Agency may proceed under the provisions of this Act. 33 (b) Any person adversely affected in fact by a violation HB5557 Engrossed -211- LRB9212249LBpr 1 of this Act, any rule or regulation adopted under this Act, 2 or any permit or term or condition of a permit,or of3regulations adopted thereundermay sue for injunctive relief 4 against such violation. However, except as provided in 5 subsection (d), no action shall be brought under this Section 6 until 30 days after the plaintiff has been denied relief by 7 the Board in a proceeding brought under subsection (d)(b)of 8 Section 31 of this Act. The prevailing party shall be 9 awarded costs and reasonable attorneys' fees. 10 (c) Nothing in Section 39.4 of this Act shall limit the 11 authority of the Agency to proceed with enforcement under the 12 provisions of this Act for violations of terms and conditions 13 of an endorsed agrichemical facility permit, an endorsed 14 lawncare containment permit, or this Act or regulations 15 hereunder caused or threatened by an agrichemical facility or 16 a lawncare wash water containment area, provided that prior 17 notice is given to the Department of Agriculture which 18 provides that Department an opportunity to respond as 19 appropriate. 20 (d) If the State brings an action under this Act against 21 a person with an interest in real property upon which the 22 person is alleged to have allowed open dumping or open 23 burning by a third party in violation of this Act, which 24 action seeks to compel the defendant to remove the waste or 25 otherwise clean up the site, the defendant may, in the manner 26 provided by law for third-party complaints, bring in as a 27 third-party defendant a person who with actual knowledge 28 caused or contributed to the illegal open dumping or open 29 burning, or who is or may be liable for all or part of the 30 removal and cleanup costs. The court may include any of the 31 parties which it determines to have, with actual knowledge, 32 allowed, caused or contributed to the illegal open dumping or 33 open burning in any order that it may issue to compel removal 34 of the waste and cleanup of the site, and may apportion the HB5557 Engrossed -212- LRB9212249LBpr 1 removal and cleanup costs among such parties, as it deems 2 appropriate. However, a person may not seek to recover any 3 fines or civil penalties imposed upon him under this Act from 4 a third-party defendant in an action brought under this 5 subsection. 6 (Source: P.A. 91-357, eff. 7-29-99.) 7 (415 ILCS 5/49) (from Ch. 111 1/2, par. 1049) 8 Sec. 49. Proceedings governed by Act; compliance as 9 defense. 10 (a) (Blank.)Until the Board and the Agency established11by this Act has been appointed and taken office, the12functions assigned to the Board and to the Agency shall be13performed by the members of the existing Air Pollution14Control Board and Sanitary Water Board and by the Department15of Public Health.16 (b) All proceedings respecting acts done before the 17 effective date of this Act shall be determined in accordance 18 with the law and regulations in force at the time such acts 19 occurred. All proceedings instituted for actions taken after 20 the effective date of this Act (July 1, 1970) shall be 21 governed by this Act. 22 (c) (Blank.)All rules and regulations of the Air23Pollution Control Board, the Sanitary Water Board, or the24Department of Public Health relating to subjects embraced25within this Act shall remain in full force and effect until26repealed, amended, or superseded by regulations under this27Act.28 (d) (Blank.)All orders entered, permits or29certifications granted, and pending proceedings instituted by30the Air Pollution Control Board, the Sanitary Water Board, or31the Department of Public Health relating to subjects embraced32within this Act shall remain in full force and effect until33superseded by actions taken under this Act.HB5557 Engrossed -213- LRB9212249LBpr 1 (e) Compliance with the rules and regulations 2 promulgated by the Board under this Act shall constitute a 3 prima facie defense to any action, legal, equitable, or 4 criminal, or an administrative proceeding for a violation of 5 this Act, brought by any person. 6 (Source: P.A. 76-2429.) 7 (415 ILCS 5/55) (from Ch. 111 1/2, par. 1055) 8 Sec. 55. Prohibited activities. 9 (a) No person shall: 10 (1) Cause or allow the open dumping of any used or 11 waste tire. 12 (2) Cause or allow the open burning of any used or 13 waste tire. 14 (3) Except at a tire storage site which contains 15 more than 50 used tires, cause or allow the storage of 16 any used tire unless the tire is altered, reprocessed, 17 converted, covered, or otherwise prevented from 18 accumulating water. 19 (4) Cause or allow the operation of a tire storage 20 site except in compliance with Board regulations. 21 (5) Abandon, dump or dispose of any used or waste 22 tire on private or public property, except in a sanitary 23 landfill approved by the Agency pursuant to regulations 24 adopted by the Board. 25 (6) Fail to submit required reports, tire removal 26 agreements, or Board regulations. 27 (b) (Blank.)Beginning July 1, 1994 through December 31,281994, no person shall knowingly mix any whole used or waste29tire with municipal waste, and no owner or operator of a30sanitary landfill shall accept any whole used or waste tire31for final disposal, except that such tires when separated32from other waste may be accepted if: (1) the sanitary33landfill provides and maintains a means for shredding,HB5557 Engrossed -214- LRB9212249LBpr 1slitting or chopping such tires and so treats all such tires2prior to disposal; and (2) the sanitary landfill implements a3program to actively seek alternative uses for the tire scraps4so as to minimize the need for on-site disposal, including at5a minimum participation in the Illinois Industrial Materials6Exchange Service to communicate the availability of the tire7scraps, and consultation with the Department of Commerce and8Community Affairs regarding the status of regional marketing9of tire scraps to facilities for reuse, reprocessing or10converting. Such alternative uses may also include on-site11practices such as lining of roadways with tire scraps.12 (b-1) Beginning January 1, 1995, no person shall 13 knowingly mix any used or waste tire, either whole or cut, 14 with municipal waste, and no owner or operator of a sanitary 15 landfill shall accept any used or waste tire for final 16 disposal; except that used or waste tires, when separated 17 from other waste, may be accepted if: (1) the sanitary 18 landfill provides and maintains a means for shredding, 19 slitting, or chopping whole tires and so treats whole tires 20 and, if approved by the Agency in a permit issued under this 21 Act, uses the used or waste tires for alternative uses, which 22 may include on-site practices such as lining of roadways with 23 tire scraps, alternative daily cover, or use in a leachate 24 collection system or (2) the sanitary landfill, by its 25 notification to the Illinois Industrial Materials Exchange 26 Service, makes available the used or waste tire to an 27 appropriate facility for reuse, reprocessing, or converting, 28 including use as an alternate energy fuel. If, within 30 29 days after notification to the Illinois Industrial Materials 30 Exchange Service of the availability of waste tires, no 31 specific request for the used or waste tires is received by 32 the sanitary landfill, and the sanitary landfill determines 33 it has no alternative use for those used or waste tires, the 34 sanitary landfill may dispose of slit, chopped, or shredded HB5557 Engrossed -215- LRB9212249LBpr 1 used or waste tires in the sanitary landfill. In the event 2 the physical condition of a used or waste tire makes 3 shredding, slitting, chopping, reuse, reprocessing, or other 4 alternative use of the used or waste tire impractical or 5 infeasible, then the sanitary landfill, after authorization 6 by the Agency, may accept the used or waste tire for 7 disposal. 8 Sanitary landfills and facilities for reuse, 9 reprocessing, or converting, including use as alternative 10 fuel, shall (i) notify the Illinois Industrial Materials 11 Exchange Service of the availability of and demand for used 12 or waste tires and (ii) consult with the Department of 13 Commerce and Community Affairs regarding the status of 14 marketing of waste tires to facilities for reuse. 15 (c) On or before January 1, 1990, any person who 16 operates a tire storage site or a tire disposal site which 17 contains more than 50 used or waste tires shall give notice 18 of such activity to the Agency. Any person engaging in such 19 activity for the first time after January 1, 1990, shall give 20 notice to the Agency within 30 days after the date of 21 commencement of the activity. The form of such notice shall 22 be specified by the Agency and shall be limited to 23 information regarding the following: 24 (1) the name and address of the owner and operator; 25 (2) the name, address and location of the 26 operation; 27 (3) the type of operations involving used and waste 28 tires (storage, disposal, conversion or processing); and 29 (4) the number of used and waste tires present at 30 the location. 31 (d) Beginning January 1, 1992, no person shall cause or 32 allow the operation of: 33 (1) a tire storage site which contains more than 50 34 used tires, unless the owner or operator, by January 1, HB5557 Engrossed -216- LRB9212249LBpr 1 1992 (or the January 1 following commencement of 2 operation, whichever is later) and January 1 of each year 3 thereafter, (i) registers the site with the Agency, (ii) 4 certifies to the Agency that the site complies with any 5 applicable standards adopted by the Board pursuant to 6 Section 55.2, (iii) reports to the Agency the number of 7 tires accumulated, the status of vector controls, and the 8 actions taken to handle and process the tires, and (iv) 9 pays the fee required under subsection (b) of Section 10 55.6; or 11 (2) a tire disposal site, unless the owner or 12 operator (i) has received approval from the Agency after 13 filing a tire removal agreement pursuant to Section 55.4, 14 or (ii) has entered into a written agreement to 15 participate in a consensual removal action under Section 16 55.3. 17 The Agency shall provide written forms for the annual 18 registration and certification required under this subsection 19 (d). 20 (e) No person shall cause or allow the storage, 21 disposal, treatment or processing of any used or waste tire 22 in violation of any regulation or standard adopted by the 23 Board. 24 (f) No person shall arrange for the transportation of 25 used or waste tires away from the site of generation with a 26 person known to openly dump such tires. 27 (g) No person shall engage in any operation as a used or 28 waste tire transporter except in compliance with Board 29 regulations. 30 (h) No person shall cause or allow the combustion of any 31 used or waste tire in an enclosed device unless a permit has 32 been issued by the Agency authorizing such combustion 33 pursuant to regulations adopted by the Board for the control 34 of air pollution and consistent with the provisions of HB5557 Engrossed -217- LRB9212249LBpr 1 Section 9.4 of this Act. 2 (i) No person shall cause or allow the use of pesticides 3 to treat tires except as prescribed by Board regulations. 4 (j) No person shall fail to comply with the terms of a 5 tire removal agreement approved by the Agency pursuant to 6 Section 55.4. 7 (Source: P.A. 88-690, eff. 1-24-95; 89-445, eff. 2-7-96.) 8 (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1) 9 Sec. 56.1. Acts prohibited. 10 (A) No person shall: 11 (a) Cause or allow the disposal of any potentially 12 infectious medical waste. Sharps may be disposed in any 13 landfill permitted by the Agency under Section 21 of this Act 14 to accept municipal waste for disposal, if both: 15 (1) the infectious potential has been eliminated 16 from the sharps by treatment; and 17 (2) the sharps are packaged in accordance with 18 Board regulations.:19(A) Board regulations; or20(B) subsection (b)(2), until Board regulations21relating to the packaging of potentially infectious22medical waste are adopted and effective.23 (b) Cause or allow the delivery of any potentially 24 infectious medical waste for transport, storage, treatment, 25 or transfer except in accordance with Board regulations.:26(1) Board regulations; or27(2) the following, until Board regulations relating28to the packaging of potentially infectious medical waste29are adopted and effective:30(A) All potentially infectious medical waste31shall be placed in a container or containers that32are (i) rigid; (ii) leak-resistant; (iii) impervious33to moisture; (iv) of a strength sufficient toHB5557 Engrossed -218- LRB9212249LBpr 1prevent tearing or bursting under normal conditions2of use and handling; and (v) sealed to prevent3leakage during transport.4(B) In addition to the requirements of5subsection (b)(2)(A), sharps and sharps with6residual fluids shall be packaged in packaging that7is puncture-resistant.8(C) Oversized potentially infectious medical9waste need not be placed in containers.10 (c) Beginning July 1, 1992, cause or allow the delivery 11 of any potentially infectious medical waste to a person or 12 facility for storage, treatment, or transfer that does not 13 have a permit issued by the agency to receive potentially 14 infectious medical waste, unless no permit is required under 15 subsection (g)(1). 16 (d) Beginning July 1, 1992, cause or allow the delivery 17 or transfer of any potentially infectious medical waste for 18 transport unless: 19 (1) the transporter has a permit issued by the 20 Agency to transport potentially infectious medical waste, 21 or the transporter is exempt from the permit requirement 22 set forth in subsection (f)(l). 23 (2) a potentially infectious medical waste manifest 24 is completed for the waste if a manifest is required 25 under subsection (h). 26 (e) Cause or allow the acceptance of any potentially 27 infectious medical waste for purposes of transport, storage, 28 treatment, or transfer except in accordance with Board 29 regulations.:30(1) Board regulations; or31(2) The following, until Board regulations relating32to the packaging and storage of potentially infectious33medical waste are adopted and effective:34(A) All potentially infectious medical wasteHB5557 Engrossed -219- LRB9212249LBpr 1shall be placed in a container or containers that2are (i) rigid; (ii) leak-resistant; (iii) impervious3to moisture; (iv) of a strength sufficient to4prevent tearing or bursting under normal conditions5of use and handling; and (v) sealed to prevent6leakage during transport.7(B) In addition to the requirements of8subsection (b)(2)(A), sharps and sharps with9residual fluids shall be packaged in packaging that10is puncture-resistant.11(C) Oversized potentially infectious medical12waste need not be placed in containers.13(D) Any person who stores potentially14infectious medical waste prior to treatment or15disposal on-site or transport off-site must comply16with all of the following storage requirements:17(i) Store the potentially infectious18medical waste in a manner and location that19maintains the integrity of the packaging and20provides protection from water, rain, and wind.21(ii) Maintain the potentially infectious22medical waste in a nonputrescent state, using23refrigeration when necessary.24(iii) Lock the outdoor storage areas25containing potentially infectious medical waste26to prevent unauthorized access.27(iv) Limit access to on-site storage28areas to authorized employees.29(v) Store the potentially infectious30medical waste in a manner that affords31protection from animals and does not provide a32breeding place or a food source for insects and33rodents.34 (f) Beginning July 1, 1992, conduct any potentially HB5557 Engrossed -220- LRB9212249LBpr 1 infectious medical waste transportation operation: 2 (1) Without a permit issued by the Agency to 3 transport potentially infectious medical waste. No permit 4 is required under this provision (f)(1) for: 5 (A) a person transporting potentially 6 infectious medical waste generated solely by that 7 person's activities; 8 (B) noncommercial transportation of less than 9 50 pounds of potentially infectious medical waste at 10 any one time; or 11 (C) the U.S. Postal Service. 12 (2) In violation of any condition of any permit 13 issued by the Agency under this Act. 14 (3) In violation of any regulation adopted by the 15 Board. 16 (4) In violation of any order adopted by the Board 17 under this Act. 18 (g) Beginning July 1, 1992, conduct any potentially 19 infectious medical waste treatment, storage, or transfer 20 operation: 21 (1) without a permit issued by the Agency that 22 specifically authorizes the treatment, storage, or transfer 23 of potentially infectious medical waste. No permit is 24 required under this subsection (g) for any: 25 (A) Person conducting a potentially infectious 26 medical waste treatment, storage, or transfer 27 operation for potentially infectious medical waste 28 generated by the person's own activities that are 29 treated, stored, or transferred within the site 30 where the potentially infectious medical waste is 31 generated. 32 (B) Hospital that treats, stores, or transfers 33 only potentially infectious medical waste generated 34 by its own activities or by members of its medical HB5557 Engrossed -221- LRB9212249LBpr 1 staff. 2 (2) in violation of any condition of any permit 3 issued by the Agency under this Act. 4 (3) in violation of any regulation adopted by the 5 Board. 6 (4) In violation of any order adopted by the Board 7 under this Act. 8 (h) Transport potentially infectious medical waste 9 unless the transporter carries a completed potentially 10 infectious medical waste manifest. No manifest is required 11 for the transportation of: 12 (1) potentially infectious medical waste being 13 transported by generators who generated the waste by 14 their own activities, when the potentially infectious 15 medical waste is transported within or between sites or 16 facilities owned, controlled, or operated by that person; 17 (2) less than 50 pounds of potentially infectious 18 medical waste at any one time for a noncommercial 19 transportation activity; or 20 (3) potentially infectious medical waste by the 21 U.S. Postal Service. 22 (i) Offer for transportation, transport, deliver, 23 receive or accept potentially infectious medical waste for 24 which a manifest is required, unless the manifest indicates 25 that the fee required under Section 56.4 of this Act has 26 been paid. 27 (j) Beginning January 1, 1994, conduct a potentially 28 infectious medical waste treatment operation at an 29 incinerator in existence on the effective date of this Title 30 in violation of emission standards established for these 31 incinerators under Section 129 of the Clean Air Act (42 USC 32 7429), as amended. 33 (B)(k)In making its orders and determinations relative 34 to penalties, if any, to be imposed for violating subdivision HB5557 Engrossed -222- LRB9212249LBpr 1 (A)(a) of this Section56.1(a) of this Act, the Board, in 2 addition to the factors in Sections 33(c) and 42(h) of this 3 Act, or the Court shall take into consideration whether the 4 owner or operator of the landfill reasonably relied on 5 written statements from the person generating or treating the 6 waste that the waste is not potentially infectious medical 7 waste. 8 (Source: P.A. 87-752; 87-1097.) 9 (415 ILCS 5/56.2) (from Ch. 111 1/2, par. 1056.2) 10 Sec. 56.2. Regulations. 11 (a) No later than July 1, 1993, the Board shall adopt 12 regulations in accordance with Title VII of this Act 13 prescribing design and operating standards and criteria for 14 all potentially infectious medical waste treatment, storage, 15 and transfer facilities. At a minimum, these regulations 16 shall require treatment of potentially infectious medical 17 waste at a facility that: 18 (1) eliminates the infectious potential of the 19 waste; 20 (2) prevents compaction and rupture of containers 21 during handling operations; 22 (3) disposes of treatment residuals in accordance 23 with this Act and regulations adopted thereunder; 24 (4) provides for quality assurance programs; 25 (5) provides for periodic testing using biological 26 testing, where appropriate, that demonstrate proper 27 treatment of the waste; 28 (6) provides for assurances that clearly 29 demonstrate that potentially infectious medical waste has 30 been properly treated; and 31 (7) is in compliance with all Federal and State 32 laws and regulations pertaining to environmental 33 protection. HB5557 Engrossed -223- LRB9212249LBpr 1 (b)Until the effective date of the Board regulations2adopted under subsection (a), each applicant for a3potentially infectious medical waste treatment permit shall4prove that the facility will not cause a violation of the Act5or of regulations adopted thereunder, and prove that the6facility meets the requirements set forth in subsections7(a)(1) through (a)(7).After the effective date of the Board 8 regulations adopted under subsection (a), each applicant for 9 a potentially infectious medical waste treatment permit shall 10 prove that the facility will not cause a violation of the Act 11 or of regulations adopted thereunder. 12 (c) No later than July 1, 1993, the Board shall adopt 13 regulations in accordance with Title VII of this Act 14 prescribing standards and criteria for transporting, 15 packaging, segregating, labeling, and marking potentially 16 infectious medical waste. 17 (d) In accord with Title VII of this Act, no later than 18 January 1, 1992, the Board shall repeal Subpart I of 35 Ill. 19 Adm. Code 809. 20 (e) No later than January 1, 1992, the Board shall adopt 21 rules that are identical in substance to the list of 22 etiologic agents identified as Class 4 agents as set forth in 23 "Classification of Etiological Agents on the Basis of Hazard, 24 1974", published by the Centers for Disease Control. If the 25 Centers for Disease Control amends the listing of etiologic 26 agents identified as Class 4 agents as set forth in 27 "Classification of Etiological Agents on the Basis of Hazard, 28 1974", the Board shall adopt rules that are identical in 29 substance to the amended list within 180 days after the 30 Centers for Disease Control's amendment. The provisions and 31 requirements of Title VII of this Act shall not apply to 32 rules adopted under this subsection (e). Section 5 of the 33 Illinois Administrative Procedure Act relating to the 34 procedures for rulemaking shall not apply to rules adopted HB5557 Engrossed -224- LRB9212249LBpr 1 under this subsection (e). 2 (f) In accord with Title VII of this Act, the Board may 3 adopt regulations to promote the purposes of this Title. The 4 regulations prescribed in subsection (a), (c), and (e) shall 5 not limit the generality of this authority. 6 (Source: P.A. 87-752; 87-1097.) 7 (415 ILCS 5/57.7) 8 Sec. 57.7. Leaking underground storage tanks; physical 9 soil classification, groundwater investigation, site 10 classification, and corrective action. 11 (a) Physical soil classification and groundwater 12 investigation. 13 (1) Prior to conducting any physical soil 14 classification and groundwater investigation activities 15 required by statute or regulation, the owner or operator 16 shall prepare and submit to the Agency for the Agency's 17 approval or modification: 18 (A) a physical soil classification and 19 groundwater investigation plan designed to 20 determine site classification, in accordance 21 with subsection (b) of this Section, as High 22 Priority, Low Priority, or No Further Action. 23 (B) a request for payment of costs 24 associated with eligible early action costs as 25 provided in Section 57.6(b). However, for 26 purposes of payment for early action costs, 27 fill materials shall not be removed in an 28 amount in excess of 4 feet from the outside 29 dimensions of the tank. 30 (2) If the owner or operator intends to seek 31 payment from the Fund, prior to conducting any physical 32 soil classification and groundwater investigation 33 activities required by statute or regulation, the owner HB5557 Engrossed -225- LRB9212249LBpr 1 or operator shall submit to the Agency for the Agency's 2 approval or modification a physical soil classification 3 and groundwater investigation budget which includes, but 4 is not limited to, an accounting of all costs associated 5 with the implementation and completion of the physical 6 soil classification and groundwater investigation plan. 7 (3) Within 30 days of completion of the physical 8 soil classification or groundwater investigation report 9 the owner or operator shall submit to the Agency: 10 (A) all physical soil classification and 11 groundwater investigation results; and 12 (B) a certification by a Licensed Professional 13 Engineer of the site's classification as High 14 Priority, Low Priority, or No Further Action in 15 accordance with subsection (b) of this Section as 16 High Priority, Low Priority, or No Further Action. 17 (b) Site Classification. 18 (1) After evaluation of the physical soil 19 classification and groundwater investigation results, 20 when required, and general site information, the site 21 shall be classified as "No Further Action", "Low 22 Priority", or "High Priority" based on the requirements 23 of this Section. Site classification shall be determined 24 by a Licensed Professional Engineer in accordance with 25 the requirements of this Title and the Licensed 26 Professional Engineer shall submit a certification to the 27 Agency of the site classification. The Agency has the 28 authority to audit site classifications and reject or 29 modify any site classification inconsistent with the 30 requirements of this Title. 31 (2) Sites shall be classified as No Further Action 32 if the criteria in subparagraph (A) are satisfied: 33 (A)(i) The site is located in an area 34 designated D, E, F and G on the Illinois Geological HB5557 Engrossed -226- LRB9212249LBpr 1 Survey Circular (1984) titled "Potential for 2 Contamination of Shallow Aquifers in Illinois," by 3 Berg, Richard C., et al.; 4 (ii) A site evaluation under the direction of 5 a Licensed Professional Engineer verifies the 6 physical soil classification conditions are 7 consistent with those indicated on the Illinois 8 Geological Survey Circular (1984) titled "Potential 9 for Contamination of Shallow Aquifers in Illinois," 10 by Berg, Richard C., et al.; and 11 (iii) The conditions identified in subsections 12 (b)(3)(B), (C), (D), and (E) do not exist. 13 (B) Groundwater investigation monitoring may 14 be required to confirm that a site meets the 15 criteria of a No Further Action site. The Board 16 shall adopt rules setting forth the criteria under 17 which the Agency may exercise its discretionary 18 authority to require investigations and the minimum 19 field requirements for conducting investigations. 20 (3) Sites shall be classified as High Priority if 21 any of the following are met: 22 (A) The site is located in an area designated 23 A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4, 24 or C5 on the Illinois Geological Survey Circular 25 (1984) titled "Potential for Contamination of 26 Shallow Aquifers in Illinois," by Berg, Richard C., 27 et al.; a site evaluation under the direction of a 28 Licensed Professional Engineer verifies the physical 29 soil classifications conditions are consistent with 30 those indicated on the Illinois Geological Survey 31 Circular (1984) entitled "Potential for 32 Contamination of Shallow Aquifers in Illinois," by 33 Berg, Richard C., et al.; and the results of the 34 physical soil classification and groundwater HB5557 Engrossed -227- LRB9212249LBpr 1 investigation indicate that an applicable indicator 2 contaminant groundwater quality standard or 3 groundwater objective has been exceeded at the 4 property boundary line or 200 feet from the 5 excavation, whichever is less as a consequence of 6 the underground storage tank release. 7 (B) The underground storage tank is within the 8 minimum or maximum setback zone of a potable water 9 supply well or regulated recharge area of a potable 10 water supply well. 11 (C) There is evidence that, through natural or 12 manmade pathways, migration of petroleum or vapors 13 threaten human health or human safety or may cause 14 explosions in basements, crawl spaces, utility 15 conduits, storm or sanitary sewers, vaults or other 16 confined spaces. 17 (D) Class III special resource groundwater 18 exists within 200 feet of the excavation. 19 (E) A surface water body is adversely affected 20 by the presence of a visible sheen or free product 21 layer as the result of an underground storage tank 22 release. 23 (4) Sites shall be classified as Low Priority if 24 all of the following are met: 25 (A) The site does not meet any of the criteria 26 for classification as a High Priority Site. 27 (B) (i) The site is located in area designated 28 A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4, 29 C5 on the Illinois Geological Survey Circular (1984) 30 entitled "Potential for Contamination of Shallow 31 Aquifers in Illinois," by Berg, Richard C., et al.; 32 and 33 (ii) a site evaluation under the direction of 34 a Licensed Professional Engineer verifies the HB5557 Engrossed -228- LRB9212249LBpr 1 physical soil classification conditions are 2 consistent with those indicated on the Illinois 3 Geological Survey Circular (1984) titled "Potential 4 for Contamination of Shallow Aquifers in Illinois," 5 by Berg, Richard C., et al.; and 6 (iii) the results of the physical soil 7 classification and groundwater investigation do not 8 indicate an applicable indicator contaminant 9 groundwater quality standard or groundwater 10 objective has been exceeded at the property boundary 11 line or 200 feet from the underground storage tank, 12 whichever is less. 13 (5) In the event the results of the physical soil 14 classification and any required groundwater investigation 15 reveal that the actual site geologic characteristics are 16 different than those indicated by the Illinois Geological 17 Survey Circular (1984) titled "Potential for 18 Contamination of Shallow Aquifers in Illinois" by Berg, 19 Richard C., et al., classification of the site shall be 20 determined using the actual site geologic 21 characteristics. 22 (6) For purposes of physical soil classification, 23 the Board is authorized to prescribe by regulation 24 alternatives to use of the Illinois Geological Survey 25 Circular (1984) titled "Potential for Contamination of 26 Shallow Aquifers in Illinois" by Berg, Richard C., et al. 27 (c) Corrective Action. 28 (1) High Priority Site. 29 (A) Prior to performance of any corrective 30 action, beyond that required by Section 57.6 and 31 subsection (a) of Section 57.7 of this Act, the 32 owner or operator shall prepare and submit to the 33 Agency for the Agency's approval or modification a 34 corrective action plan designed to mitigate any HB5557 Engrossed -229- LRB9212249LBpr 1 threat to human health, human safety or the 2 environment resulting from the underground storage 3 tank release. 4 (B) If the owner or operator intends to seek 5 payment from the Fund, prior to performance of any 6 corrective action beyond that required by Section 7 57.6 and subsection (a) of Section 57.7, the owner 8 or operator shall submit to the Agency for the 9 Agency's approval or modification a corrective 10 action plan budget which includes, but is not 11 limited to, an accounting of all costs associated 12 with the implementation and completion of the 13 corrective action plan. 14 (C) The corrective action plan shall do all of 15 the following: 16 (i) Provide that applicable indicator 17 contaminant groundwater quality standards or 18 groundwater objectives will not be exceeded in 19 groundwater at the property boundary line or 20 200 feet from the excavation, whichever is 21 less, or other level if approved by the Agency, 22 for any contaminant identified in the 23 groundwater investigation after complete 24 performance of the corrective action plan. 25 (ii) Provide that Class III special 26 resource groundwater quality standards for 27 Class III special resource groundwater within 28 200 feet of the excavation will not be exceeded 29 as a result of the underground storage tank 30 release for any indicator contaminant 31 identified in the groundwater investigation 32 after complete performance of the corrective 33 action plan. 34 (iii) Remediate threats due to the HB5557 Engrossed -230- LRB9212249LBpr 1 presence or migration, through natural or 2 manmade pathways, of petroleum in 3 concentrations sufficient to harm human health 4 or human safety or to cause explosions in 5 basements, crawl spaces, utility conduits, 6 storm or sanitary sewers, vaults or other 7 confined spaces. 8 (iv) Remediate threats to a potable water 9 supply. 10 (v) Remediate threats to a surface water 11 body. 12 (D) Within 30 days of completion of the 13 corrective action, the owner or operator shall 14 submit to the Agency such a completion report that 15 includes a description of the corrective action plan 16 and a description of the corrective action work 17 performed and all analytical or sampling results 18 derived from performance of the corrective action 19 plan. 20 (E) The Agency shall issue to the owner or 21 operator a no further remediation letter in 22 accordance with Section 57.10 if all of the 23 following are met: 24 (i) The corrective action completion 25 report demonstrates that: (a) applicable 26 indicator contaminant groundwater quality 27 standards or groundwater objectives are not 28 exceeded at the property boundary line or 200 29 feet from the excavation, whichever is less, as 30 a result of the underground storage tank 31 release for any indicator contaminant 32 identified in the groundwater investigation; 33 (b) Class III special use resource groundwater 34 quality standards, for Class III special use HB5557 Engrossed -231- LRB9212249LBpr 1 resource groundwater within 200 feet of the 2 underground storage tank, are not exceeded as a 3 result of the underground storage tank release 4 for any contaminant identified in the 5 groundwater investigation; (c) the underground 6 storage tank release does not threaten human 7 health or human safety due to the presence or 8 migration, through natural or manmade pathways, 9 of petroleum or hazardous substances in 10 concentrations sufficient to harm human health 11 or human safety or to cause explosions in 12 basements, crawl spaces, utility conduits, 13 storm or sanitary sewers, vaults or other 14 confined spaces; (d) the underground storage 15 tank release does not threaten any surface 16 water body; and (e) the underground storage 17 tank release does not threaten any potable 18 water supply. 19 (ii) The owner or operator submits to the 20 Agency a certification from a Licensed 21 Professional Engineer that the work described 22 in the approved corrective action plan has been 23 completed and that the information presented in 24 the corrective action completion report is 25 accurate and complete. 26 (2) Low Priority Site. 27 (A) Corrective action at a low priority site 28 must include groundwater monitoring consistent with 29 part (B) of this paragraph (2). 30 (B) Prior to implementation of groundwater 31 monitoring, the owner or operator shall prepare and 32 submit to the Agency a groundwater monitoring plan 33 and, if the owner or operator intends to seek 34 payment under this Title, an associated budget which HB5557 Engrossed -232- LRB9212249LBpr 1 includes, at a minimum, all of the following: 2 (i) Placement of groundwater monitoring 3 wells at the property line, or at 200 feet from 4 the excavation which ever is closer, designed 5 to provide the greatest likelihood of detecting 6 migration of groundwater contamination. 7 (ii) Quarterly groundwater sampling for a 8 period of one year, semi-annual sampling for 9 the second year and annual groundwater sampling 10 for one subsequent year for all indicator 11 contaminants identified during the groundwater 12 investigation. 13 (iii) The annual submittal to the Agency 14 of a summary of groundwater sampling results. 15 (C) If at any time groundwater sampling 16 results indicate a confirmed exceedence of 17 applicable indicator contaminant groundwater quality 18 standards or groundwater objectives as a result of 19 the underground storage tank release, the site may 20 be reclassified as a High Priority Site by the 21 Agency at any time before the Agency's final 22 approval of a Low Priority groundwater monitoring 23 completion report. Agency review and approval shall 24 be in accordance with paragraph (4) of subsection 25 (c) of this Section. If the owner or operator elects 26 to appeal an Agency action to disapprove, modify, or 27 reject by operation of law a Low Priority 28 groundwater monitoring completion report, the Agency 29 shall indicate to the Board in conjunction with such 30 appeal whether it intends to reclassify the site as 31 High Priority. If a site is reclassified as a High 32 Priority Site, the owner or operator shall submit a 33 corrective action plan and budget to the Agency 34 within 120 days of the confirmed exceedence and HB5557 Engrossed -233- LRB9212249LBpr 1 shall initiate compliance with all corrective action 2 requirements for a High Priority Site. 3 (D) If, throughout the implementation of the 4 groundwater monitoring plan, the groundwater 5 sampling results do not confirm an exceedence of 6 applicable indicator contaminant groundwater quality 7 standards or groundwater objectives as a result of 8 the underground storage tank release, the owner or 9 operator shall submit to the Agency a certification 10 of a Licensed Professional Engineer so stating. 11 (E) Unless the Agency takes action under 12 subsection (b)(2)(C) to reclassify a site as high 13 priority, upon receipt of a certification by a 14 Licensed Professional Engineer submitted pursuant to 15 paragraph (2) of subsection (c) of this Section, the 16 Agency shall issue to the owner or operator a no 17 further remediation letter in accordance with 18 Section 57.10. 19 (3) No Further Action Site. 20 (A) No Further Action sites require no 21 remediation beyond that required in Section 57.6 and 22 subsection (a) of this Section if the owner or 23 operator has submitted to the Agency a certification 24 by a Licensed Professional Engineer that the site 25 meets all of the criteria for classification as No 26 Further Action in subsection (b) of this Section. 27 (B) Unless the Agency takes action to reject 28 or modify a site classification under subsection (b) 29 of this Section or the site classification is 30 rejected by operation of law under item (4)(B) of 31 subsection (c) of this Section, upon receipt of a 32 certification by a Licensed Professional Engineer 33 submitted pursuant to part (A) of paragraph (3) of 34 subsection (c) of this Section, the Agency shall HB5557 Engrossed -234- LRB9212249LBpr 1 issue to the owner or operator a no further 2 remediation letter in accordance with Section 57.10. 3 (4) Agency review and approval. 4 (A) Agency approval of any plan and associated 5 budget, as described in this item (4), shall be 6 considered final approval for purposes of seeking 7 and obtaining payment from the Underground Storage 8 Tank Fund if the costs associated with the 9 completion of any such plan are less than or equal 10 to the amounts approved in such budget. 11 (B) In the event the Agency fails to approve, 12 disapprove, or modify any plan or report submitted 13 pursuant to this Title in writing within 120 days of 14 the receipt by the Agency, the plan or report shall 15 be considered to be rejected by operation of law for 16 purposes of this Title and rejected for purposes of 17 payment from the Leaking Underground Storage Tank 18 Fund. 19 (i) For purposes of those plans as 20 identified in subparagraph (E) of this 21 subsection (c)(4), the Agency's review may be 22 an audit procedure. Such review or audit shall 23 be consistent with the procedure for such 24 review or audit as promulgated by the Board 25 under item (7) of subsection (b) of Section 26 57.14. The Agency has the authority to 27 establish an auditing program to verify 28 compliance of such plans with the provisions of 29 this Title. 30 (ii) For purposes of those plans 31 submitted pursuant to Part (E) (iii) of this 32 paragraph (4) for which payment from the Fund 33 is not being sought, the Agency need not take 34 action on such plan until 120 days after it HB5557 Engrossed -235- LRB9212249LBpr 1 receives the corrective action completion 2 report required under Section 57(c)(1)(D). In 3 the event the Agency approved the plan, it 4 shall proceed under the provisions of Section 5 57(c)(4). 6 (C) In approving any plan submitted pursuant 7 to Part (E) of this paragraph (4), the Agency shall 8 determine, by a procedure promulgated by the Board 9 under item (7) of subsection (b) of Section 57.14, 10 that the costs associated with the plan are 11 reasonable, will be incurred in the performance of 12 corrective action, and will not be used for 13 corrective action activities in excess of those 14 required to meet the minimum requirements of this 15 title. 16 (D) For any plan or report received after 17 September 13,the effective date of this amendatory18Act of1993, any action by the Agency to disapprove 19 or modify a plan submitted pursuant to this Title 20 shall be provided to the owner or operator in 21 writing within 120 days of the receipt by the Agency 22 or, in the case of a corrective action plan for 23 which payment is not being sought, within 120 days 24 of receipt of the corrective action completion 25 report, and shall be accompanied by: 26 (i) an explanation of the Sections of 27 this Act which may be violated if the plans 28 were approved; 29 (ii) an explanation of the provisions of 30 the regulations, promulgated under this Act, 31 which may be violated if the plan were 32 approved; 33 (iii) an explanation of the specific type 34 of information, if any, which the Agency deems HB5557 Engrossed -236- LRB9212249LBpr 1 the applicant did not provide the Agency; and 2 (iv) a statement of specific reasons why 3 the Act and the regulations might not be met if 4 the plan were approved. 5 Any action by the Agency to disapprove or 6 modify a plan or report or the rejection of any plan 7 or report by operation of law shall be subject to 8 appeal to the Board in accordance with the 9 procedures of Section 40. If the owner or operator 10 elects to incorporate modifications required by the 11 Agency rather than appeal, an amended plan shall be 12 submitted to the Agency within 35 days of receipt of 13 the Agency's written notification. 14 (E) For purposes of this Title, the term 15 "plan" shall include: 16 (i) Any physical soil classification and 17 groundwater investigation plan submitted 18 pursuant to item (1)(A) of subsection (a) of 19 this Section, or budget under item (2) of 20 subsection (a) of this Section; 21 (ii) Any groundwater monitoring plan or 22 budget submitted pursuant to subsection 23 (c)(2)(B) of this Section; 24 (iii) Any corrective action plan 25 submitted pursuant to subsection (c)(1)(A) of 26 this Section; or 27 (iv) Any corrective action plan budget 28 submitted pursuant to subsection (c)(1)(B) of 29 this Section. 30 (d) For purposes of this Title, the term "indicator 31 contaminant" shall mean, unless and until the Board 32 promulgates regulations to the contrary, the following: (i) 33 if an underground storage tank contains gasoline, the 34 indicator parameter shall be BTEX and Benzene; (ii) if the HB5557 Engrossed -237- LRB9212249LBpr 1 tank contained petroleum products consisting of middle 2 distillate or heavy ends, then the indicator parameter shall 3 be determined by a scan of PNA's taken from the location 4 where contamination is most likely to be present; and (iii) 5 if the tank contained used oil, then the indicator 6 contaminant shall be those chemical constituents which 7 indicate the type of petroleum stored in an underground 8 storage tank. All references in this Title to groundwater 9 objectives shall mean Class I groundwater standards or 10 objectives as applicable. 11 (e) (1) Notwithstanding the provisions of this Section, 12 an owner or operator may proceed to conduct physical soil 13 classification, groundwater investigation, site 14 classification or other corrective action prior to the 15 submittal or approval of an otherwise required plan. If 16 the owner or operator elects to so proceed, an applicable 17 plan shall be filed with the Agency at any time. Such 18 plan shall detail the steps taken to determine the type 19 of corrective action which was necessary at the site 20 along with the corrective action taken or to be taken, in 21 addition to costs associated with activities to date and 22 anticipated costs. 23 (2) Upon receipt of a plan submitted after 24 activities have commenced at a site, the Agency shall 25 proceed to review in the same manner as required under 26 this Title. In the event the Agency disapproves all or 27 part of the costs, the owner or operator may appeal such 28 decision to the Board. The owner or operator shall not 29 be eligible to be reimbursed for such disapproved costs 30 unless and until the Board determines that such costs 31 were eligible for payment. 32 (Source: P.A. 88-496; 88-668, eff. 9-16-94; 89-428, eff. 33 1-1-96; 89-457, eff. 5-22-96.) HB5557 Engrossed -238- LRB9212249LBpr 1 (415 ILCS 5/57.8) 2 Sec. 57.8. Underground Storage Tank Fund; payment; 3 options for State payment; deferred correction election to 4 commence corrective action upon availability of funds. If an 5 owner or operator is eligible to access the Underground 6 Storage Tank Fund pursuant to an Office of State Fire Marshal 7 eligibility/deductible final determination letter issued in 8 accordance with Section 57.9, the owner or operator may 9 submit a complete application for final or partial payment to 10 the Agency for activities taken in response to a confirmed 11 release. An owner or operator may submit a request for 12 partial or final payment regarding a site no more frequently 13 than once every 90 days. 14 (a) Payment after completion of corrective action 15 measures. The owner or operator may submit an application for 16 payment for activities performed at a site after completion 17 of the requirements of Sections 57.6 and 57.7, or after 18 completion of any other required activities at the 19 underground storage tank site. 20 (1) In the case of any approved plan and budget for 21 which payment is being sought, the Agency shall make a 22 payment determination within 120 days of receipt of the 23 application. Such determination shall be considered a 24 final decision. The Agency's review shall be limited to 25 generally accepted auditing and accounting practices. In 26 no case shall the Agency conduct additional review of any 27 plan which was completed within the budget, beyond 28 auditing for adherence to the corrective action measures 29 in the proposal. If the Agency fails to approve the 30 payment application within 120 days, such application 31 shall be deemed approved by operation of law and the 32 Agency shall proceed to reimburse the owner or operator 33 the amount requested in the payment application. 34 However, in no event shall the Agency reimburse the owner HB5557 Engrossed -239- LRB9212249LBpr 1 or operator an amount greater than the amount approved in 2 the plan. 3 (2) If sufficient funds are available in the 4 Underground Storage Tank Fund, the Agency shall, within 5 60 days, forward to the Office of the State Comptroller a 6 voucher in the amount approved under the payment 7 application. 8 (3) In the case of insufficient funds, the Agency 9 shall form a priority list for payment and shall notify 10 persons in such priority list monthly of the availability 11 of funds and when payment shall be made. Payment shall 12 be made to the owner or operator at such time as 13 sufficient funds become available for the costs 14 associated with corrective action and costs expended for 15 activities performed where no proposal is required, if 16 applicable. Such priority list shall be available to any 17 owner or operator upon request. Priority for payment 18 shall be determined by the date the Agency receives a 19 complete request for partial or final payment. Upon 20 receipt of notification from the Agency that the 21 requirements of this Title have been met, the Comptroller 22 shall make payment to the owner or operator of the amount 23 approved by the Agency, if sufficient money exists in the 24 Fund. If there is insufficient money in the Fund, then 25 payment shall not be made. If the owner or operator 26 appeals a final Agency payment determination and it is 27 determined that the owner or operator is eligible for 28 payment or additional payment, the priority date for the 29 payment or additional payment shall be the same as the 30 priority date assigned to the original request for 31 partial or final payment. 32 (4) Any deductible, as determined pursuant to the 33 Office of the State Fire Marshal's eligibility and 34 deductibility final determination in accordance with HB5557 Engrossed -240- LRB9212249LBpr 1 Section 57.9, shall be subtracted from any payment 2 invoice paid to an eligible owner or operator. Only one 3 deductible shall apply per underground storage tank site. 4 (5) In the event that costs are or will be incurred 5 in addition to those approved by the Agency, or after 6 payment, the owner or operator may submit successive 7 plans containing amended budgets. The requirements of 8 Section 57.7 shall apply to any amended plans. 9 (6) For purposes of this Section, a complete 10 application shall consist of: 11 (A) A certification from a Licensed 12 Professional Engineer as required under this Title 13 and acknowledged by the owner or operator. 14 (B) A statement of the amount approved in the 15 plan and the amount actually sought for payment 16 along with a certified statement that the amount so 17 sought shall be expended in conformance with the 18 approved budget. 19 (C) A copy of the Office of the State Fire 20 Marshal's eligibility and deductibility 21 determination. 22 (D) Proof that approval of the payment 23 requested will not result in the limitations set 24 forth in subsection (g) of this Section being 25 exceeded. 26 (E) A federal taxpayer identification number 27 and legal status disclosure certification on a form 28 prescribed and provided by the Agency. 29 (b) Commencement of corrective action upon availability 30 of funds. The Board shall adopt regulations setting forth 31 procedures based on risk to human health or the environment 32 under which the owner or operator who has received approval 33 for any budget plan submitted pursuant to Section 57.7, and 34 who is eligible for payment from the Underground Storage Tank HB5557 Engrossed -241- LRB9212249LBpr 1 Fund pursuant to an Office of the State Fire Marshal 2 eligibility and deductibility determination, may elect to 3 defer site classification, low priority groundwater 4 monitoring, or remediation activities until funds are 5 available in an amount equal to the amount approved in the 6 budget plan. The regulations shall establish criteria based 7 on risk to human health or the environment to be used for 8 determining on a site-by-site basis whether deferral is 9 appropriate. The regulations also shall establish the 10 minimum investigatory requirements for determining whether 11 the risk based criteria are present at a site considering 12 deferral and procedures for the notification of owners or 13 operators of insufficient funds, Agency review of request for 14 deferral, notification of Agency final decisions, returning 15 deferred sites to active status, and earmarking of funds for 16 payment. 17 (c) When the owner or operator requests indemnification 18 for payment of costs incurred as a result of a release of 19 petroleum from an underground storage tank, if the owner or 20 operator has satisfied the requirements of subsection (a) of 21 this Section, the Agency shall forward a copy of the request 22 to the Attorney General. The Attorney General shall review 23 and approve the request for indemnification if: 24 (1) there is a legally enforceable judgment entered 25 against the owner or operator and such judgment was 26 entered due to harm caused by a release of petroleum from 27 an underground storage tank and such judgment was not 28 entered as a result of fraud; or 29 (2) a settlement with a third party due to a 30 release of petroleum from an underground storage tank is 31 reasonable. 32 (d) Notwithstanding any other provision of this Title, 33 the Agency shall not approve payment to an owner or operator 34 from the Fund for costs of corrective action or HB5557 Engrossed -242- LRB9212249LBpr 1 indemnification incurred during a calendar year in excess of 2 the following aggregate amounts based on the number of 3 petroleum underground storage tanks owned or operated by such 4 owner or operator in Illinois. 5 Amount Number of Tanks 6 $1,000,000............................fewer than 101 7 $2,000,000...............................101 or more 8 (1) Costs incurred in excess of the aggregate 9 amounts set forth in paragraph (1) of this subsection 10 shall not be eligible for payment in subsequent years. 11 (2) For purposes of this subsection, requests 12 submitted by any of the agencies, departments, boards, 13 committees or commissions of the State of Illinois shall 14 be acted upon as claims from a single owner or operator. 15 (3) For purposes of this subsection, owner or 16 operator includes (i) any subsidiary, parent, or joint 17 stock company of the owner or operator and (ii) any 18 company owned by any parent, subsidiary, or joint stock 19 company of the owner or operator. 20 (e) Costs of corrective action or indemnification 21 incurred by an owner or operator which have been paid to an 22 owner or operator under a policy of insurance, another 23 written agreement, or a court order are not eligible for 24 payment under this Section. An owner or operator who 25 receives payment under a policy of insurance, another written 26 agreement, or a court order shall reimburse the State to the 27 extent such payment covers costs for which payment was 28 received from the Fund. Any monies received by the State 29 under this subsection (e) shall be deposited into the Fund. 30 (f) (Blank.)Until the Board adopts regulations pursuant31to Section 57.14, handling charges are eligible for payment32only if they are equal to or less than the amount determined33by the following table:34Subcontract or field Eligible Handling ChargesHB5557 Engrossed -243- LRB9212249LBpr 1Purchase Cost as a Percentage of Cost2$0 - $5,000...........................................12%3$5,001 - $15,000.............$600+10% of amt. over $5,0004$15,001 - $50,000...........$1600+8% of amt. over $15,0005$50,001 - $100,000..........$4400+5% of amt. over $50,0006$100,001 - $1,000,000......$6900+2% of amt. over $100,0007 (g) The Agency shall not approve any payment from the 8 Fund to pay an owner or operator: 9 (1) for costs of corrective action incurred by such 10 owner or operator in an amount in excess of $1,000,000 11 per occurrence; and 12 (2) for costs of indemnification of such owner or 13 operator in an amount in excess of $1,000,000 per 14 occurrence. 15 (h) Payment of any amount from the Fund for corrective 16 action or indemnification shall be subject to the State 17 acquiring by subrogation the rights of any owner, operator, 18 or other person to recover the costs of corrective action or 19 indemnification for which the Fund has compensated such 20 owner, operator, or person from the person responsible or 21 liable for the release. 22 (i) If the Agency refuses to pay or authorizes only a 23 partial payment, the affected owner or operator may petition 24 the Board for a hearing in the manner provided for the review 25 of permit decisions in Section 40 of this Act. 26 (j) Costs of corrective action or indemnification 27 incurred by an owner or operator prior to July 28, 1989, 28 shall not be eligible for payment or reimbursement under this 29 Section. 30 (k) The Agency shall not pay costs of corrective action 31 or indemnification incurred before providing notification of 32 the release of petroleum in accordance with the provisions of 33 this Title. 34 (l) Corrective action does not include legal defense HB5557 Engrossed -244- LRB9212249LBpr 1 costs. Legal defense costs include legal costs for seeking 2 payment under this Title unless the owner or operator 3 prevails before the Board in which case the Board may 4 authorize payment of legal fees. 5 (m) The Agency may apportion payment of costs for plans 6 submitted under Section 57.7(c)(4)(E)(iii) if: 7 (1) the owner or operator was deemed eligible to 8 access the Fund for payment of corrective action costs 9 for some, but not all, of the underground storage tanks 10 at the site; and 11 (2) the owner or operator failed to justify all 12 costs attributable to each underground storage tank at 13 the site. 14 (Source: P.A. 91-357, eff. 7-29-99.) 15 (415 ILCS 5/57.13) 16 Sec. 57.13. Underground Storage Tank Program; transition. 17 (a) If a release is reported to the proper State 18 authority on or after September 13,the effective date of19this amendatory Act of1993, the owner or operator shall 20 comply with the requirements of this Title. 21 (b) If a release is reported to the proper State 22 authority prior to September 13,the effective date of this23amendatory Act of1993, the owner or operator of an 24 underground storage tank may elect to proceed in accordance 25 with the requirements of this Title by submitting a written 26 statement to the Agency of such election. If the owner or 27 operator elects to proceed under the requirements of this 28 Title all costs incurred in connection with the incident 29 prior to notification shall be reimbursable in the same 30 manner as was allowable under the then existing law. 31 Completion of corrective action shall then follow the 32 provisions of this Title. 33 (Source: P.A. 88-496.) HB5557 Engrossed -245- LRB9212249LBpr 1 (415 ILCS 5/58.7) 2 Sec. 58.7. Review and approvals. 3 (a) Requirements. All plans and reports that are 4 submitted pursuant to this Title shall be submitted for 5 review or approval in accordance with this Section. 6 (b) Review and evaluation by the Agency. 7 (1) Except for sites excluded under subdivision 8 (a)(2) of Section 58.1, the Agency shall, subject to 9 available resources, agree to provide review and 10 evaluation services for activities carried out pursuant 11 to this Title for which the RA requested the services in 12 writing. As a condition for providing such services, the 13 Agency may require that the RA for a site: 14 (A) Conform with the procedures of this Title; 15 (B) Allow for or otherwise arrange site visits 16 or other site evaluation by the Agency when so 17 requested; 18 (C) Agree to perform the Remedial Action Plan 19work planas approved under this Title; 20 (D) Agree to pay any reasonable costs incurred 21 and documented by the Agency in providing such 22 services; 23 (E) Make an advance partial payment to the 24 Agency for such anticipated services in an amount, 25 acceptable to the Agency, but not to exceed $5,000 26 or one-half of the total anticipated costs of the 27 Agency, whichever sum is less; and 28 (F) Demonstrate, if necessary, authority to 29 act on behalf of or in lieu of the owner or 30 operator. 31 (2) Any moneys received by the State for costs 32 incurred by the Agency in performing review or evaluation 33 services for actions conducted pursuant to this Title 34 shall be deposited in the Hazardous Waste Fund. HB5557 Engrossed -246- LRB9212249LBpr 1 (3) An RA requesting services under subdivision 2 (b)(1) of this Section may, at any time, notify the 3 Agency, in writing, that Agency services previously 4 requested are no longer wanted. Within 180 days after 5 receipt of the notice, the Agency shall provide the RA 6 with a final invoice for services provided until the date 7 of such notifications. 8 (4) The Agency may invoice or otherwise request or 9 demand payment from a RA for costs incurred by the Agency 10 in performing review or evaluation services for actions 11 by the RA at sites only if: 12 (A) The Agency has incurred costs in 13 performing response actions, other than review or 14 evaluation services, due to the failure of the RA to 15 take response action in accordance with a notice 16 issued pursuant to this Act; 17 (B) The RA has agreed in writing to the 18 payment of such costs; 19 (C) The RA has been ordered to pay such costs 20 by the Board or a court of competent jurisdiction 21 pursuant to this Act; or 22 (D) The RA has requested or has consented to 23 Agency review or evaluation services under 24 subdivision (b)(1) of this Section. 25 (5) The Agency may, subject to available resources, 26 agree to provide review and evaluation services for 27 response actions if there is a written agreement among 28 parties to a legal action or if a notice to perform a 29 response action has been issued by the Agency. 30 (c) Review and evaluation by a Licensed Professional 31 Engineer. A RA may elect to contract with a Licensed 32 Professional Engineer who will perform review and evaluation 33 services on behalf of and under the direction of the Agency 34 relative to the site activities. HB5557 Engrossed -247- LRB9212249LBpr 1 (1) Prior to entering into the contract with the 2 Review and Evaluation Licensed Professional Engineer 3 (RELPE), the RA shall notify the Agency of the RELPE to 4 be selected. The Agency and the RA shall discuss the 5 potential terms of the contract. 6 (2) At a minimum, the contract with the RELPE 7 shall provide that the RELPE will submit any reports 8 directly to the Agency, will take his or her directions 9 for work assignments from the Agency, and will perform 10 the assigned work on behalf of the Agency. 11 (3) Reasonable costs incurred by the Agency shall 12 be paid by the RA directly to the Agency in accordance 13 with the terms of the review and evaluation services 14 agreement entered into under subdivision (b)(1) of 15 Section 58.7. 16 (4) In no event shall the RELPE acting on behalf of 17 the Agency be an employee of the RA or the owner or 18 operator of the site or be an employee of any other 19 person the RA has contracted to provide services relative 20 to the site. 21 (d) Review and approval. All reviews required under 22 this Title shall be carried out by the Agency or a RELPE, 23 both under the direction of a Licensed Professional Engineer. 24 (1) All review activities conducted by the Agency 25 or a RELPE shall be carried out in conformance with this 26 Title and rules promulgated under Section 58.11. 27 (2) Specific plans, reports, and activities which 28 the Agency or a RELPE may review include: 29 (A) Site Investigation Reports and related 30 activities; 31 (B) Remediation Objectives Reports; 32 (C) Remedial Action Plans and related 33 activities; and 34 (D) Remedial Action Completion Reports and HB5557 Engrossed -248- LRB9212249LBpr 1 related activities. 2 (3) Only the Agency shall have the authority to 3 approve, disapprove, or approve with conditions a plan 4 or report as a result of the review process including 5 those plans and reports reviewed by a RELPE. If the 6 Agency disapproves a plan or report or approves a plan or 7 report with conditions, the written notification required 8 by subdivision (d)(4) of this Section shall contain the 9 following information, as applicable: 10 (A) An explanation of the Sections of this 11 Title that may be violated if the plan or report was 12 approved; 13 (B) An explanation of the provisions of the 14 rules promulgated under this Title that may be 15 violated if the plan or report was approved; 16 (C) An explanation of the specific type of 17 information, if any, that the Agency deems the 18 applicant did not provide the Agency; 19 (D) A statement of specific reasons why the 20 Title and regulations might not be met if the plan 21 or report were approved; and 22 (E) An explanation of the reasons for 23 conditions if conditions are required. 24 (4) Upon approving, disapproving, or approving with 25 conditions a plan or report, the Agency shall notify the 26 RA in writing of its decision. In the case of approval 27 or approval with conditions of a Remedial Action 28 Completion Report, the Agency shall prepare a No Further 29 Remediation Letter that meets the requirements of Section 30 58.10 and send a copy of the letter to the RA. 31 (5) All reviews undertaken by the Agency or a RELPE 32 shall be completed and the decisions communicated to the 33 RA within 60 days of the request for review or approval. 34 The RA may waive the deadline upon a request from the HB5557 Engrossed -249- LRB9212249LBpr 1 Agency. If the Agency disapproves or approves with 2 conditions a plan or report or fails to issue a final 3 decision within the 60 day period and the RA has not 4 agreed to a waiver of the deadline, the RA may, within 35 5 days, file an appeal to the Board. Appeals to the Board 6 shall be in the manner provided for the review of permit 7 decisions in Section 40 of this Act. 8 (e) Standard of review. In making determinations, the 9 following factors, and additional factors as may be adopted 10 by the Board in accordance with Section 58.11, shall be 11 considered by the Agency when reviewing or approving plans, 12 reports, and related activities, or the RELPE, when reviewing 13 plans, reports, and related activities: 14 (1) Site Investigation Reports and related 15 activities: Whether investigations have been conducted 16 and the results compiled in accordance with the 17 appropriate procedures and whether the interpretations 18 and conclusions reached are supported by the information 19 gathered. In making the determination, the following 20 factors shall be considered: 21 (A) The adequacy of the description of the 22 site and site characteristics that were used to 23 evaluate the site; 24 (B) The adequacy of the investigation of 25 potential pathways and risks to receptors identified 26 at the site; and 27 (C) The appropriateness of the sampling and 28 analysis used. 29 (2) Remediation Objectives Reports: Whether the 30 remediation objectives are consistent with the 31 requirements of the applicable method for selecting or 32 determining remediation objectives under Section 58.5. 33 In making the determination, the following factors shall 34 be considered: HB5557 Engrossed -250- LRB9212249LBpr 1 (A) If the objectives were based on the 2 determination of area background levels under 3 subsection (b) of Section 58.5, whether the review 4 of current and historic conditions at or in the 5 immediate vicinity of the site has been thorough and 6 whether the site sampling and analysis has been 7 performed in a manner resulting in accurate 8 determinations; 9 (B) If the objectives were calculated on the 10 basis of predetermined equations using site specific 11 data, whether the calculations were accurately 12 performed and whether the site specific data reflect 13 actual site conditions; and 14 (C) If the objectives were determined using a 15 site specific risk assessment procedure, whether the 16 procedure used is nationally recognized and 17 accepted, whether the calculations were accurately 18 performed, and whether the site specific data 19 reflect actual site conditions. 20 (3) Remedial Action Plans and related activities: 21 Whether the plan will result in compliance with this 22 Title, and rules adopted under it and attainment of the 23 applicable remediation objectives. In making the 24 determination, the following factors shall be considered: 25 (A) The likelihood that the plan will result 26 in the attainment of the applicable remediation 27 objectives; 28 (B) Whether the activities proposed are 29 consistent with generally accepted engineering 30 practices; and 31 (C) The management of risk relative to any 32 remaining contamination, including but not limited 33 to, provisions for the long-term enforcement, 34 operation, and maintenance of institutional and HB5557 Engrossed -251- LRB9212249LBpr 1 engineering controls, if relied on. 2 (4) Remedial Action Completion Reports and related 3 activities: Whether the remedial activities have been 4 completed in accordance with the approved Remedial Action 5 Plan and whether the applicable remediation objectives 6 have been attained. 7 (f) All plans and reports submitted for review shall 8 include a Licensed Professional Engineer's certification that 9 all investigations and remedial activities were carried out 10 under his or her direction and, to the best of his or her 11 knowledge and belief, the work described in the plan or 12 report has been completed in accordance with generally 13 accepted engineering practices, and the information presented 14 is accurate and complete. 15 (g) In accordance with Section 58.11, the Agency shall 16 propose and the Board shall adopt rules to carry out the 17 purposes of this Section. At a minimum, the rules shall 18 detail the types of services the Agency may provide in 19 response to requests under subdivision (b)(1) of this Section 20 and the recordkeeping it will utilize in documenting to the 21 RA the costs incurred by the Agency in providing such 22 services.Until the Board adopts the rules, the Agency may23continue to offer services of the type offered under24subsections (m) and (n) of Section 22.2 of this Act prior to25their repeal.26 (h) Public participation. 27 (1) The Agency shall develop guidance to assist 28 RA's in the implementation of a community relations plan 29 to address activity at sites undergoing remedial action 30 pursuant to this Title. 31 (2) The RA may elect to enter into a services 32 agreement with the Agency for Agency assistance in 33 community outreach efforts. 34 (3) The Agency shall maintain a registry listing HB5557 Engrossed -252- LRB9212249LBpr 1 those sites undergoing remedial action pursuant to this 2 Title. 3 (4) Notwithstanding any provisions of this Section, 4 the RA of a site undergoing remedial activity pursuant to 5 this Title may elect to initiate a community outreach 6 effort for the site. 7 (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96; 8 89-626, eff. 8-9-96.) 9 (415 ILCS 5/58.8) 10 Sec. 58.8. Duty to record. 11 (a) The RA receiving a No Further Remediation Letter 12 from the Agency pursuant to Section 58.10, shall submit the 13 letter to the Office of the Recorder or the Registrar of 14 Titles of the county in which the site is located within 45 15 days of receipt of the letter. The Office of the Recorder or 16 the Registrar of Titles shall accept and record that letter 17 in accordance with Illinois law so that it forms a permanent 18 part of the chain of title for the site. 19 (b) A No Further Remediation Letter shall not become 20 effective until officially recorded in accordance with 21 subsection (a) of this Section. The RA shall obtain and 22 submit to the Agency a certified copy of the No Further 23 Remediation Letter as recorded. 24 (c) At no time shall any site for which a land use 25 limitation has been imposed as a result of remediation 26 activities under this Title be used in a manner inconsistent 27 with the land use limitation unless further investigation or 28 remedial action has been conducted that documents the 29 attainment of objectives appropriate for the new land use and 30 a new No Further Remediation Letter obtained and recorded in 31 accordance with this Title. 32 (d) In the event that a No Further Remediation Letter 33 issues by operation of law pursuant to Section 58.10, the RA HB5557 Engrossed -253- LRB9212249LBpr 1 may, for purposes of this Section, file an affidavit stating 2 that the letter issued by operation of law. Upon receipt of 3 the No Further Remediation Letter from the Agency, the RA 4 shall comply with the requirements of subsections (a) and (b) 5 of this Section. 6 (Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.) 7 (415 ILCS 5/58.14) 8 Sec. 58.14. Environmental Remediation Tax Credit review. 9 (a) Prior to applying for the Environmental Remediation 10 Tax Credit under Section 201 of the Illinois Income Tax Act, 11 Remediation Applicants shall first submit to the Agency an 12 application for review of remediation costs. The application 13 and review process shall be conducted in accordance with the 14 requirements of this Section and the rules adopted under 15 subsection (g). A preliminary review of the estimated 16 remediation costs for development and implementation of the 17 Remedial Action Plan may be obtained in accordance with 18 subsection (d). 19 (b) No application for review shall be submitted until a 20 No Further Remediation Letter has been issued by the Agency 21 and recorded in the chain of title for the site in accordance 22 with Section 58.10. The Agency shall review the application 23 to determine whether the costs submitted are remediation 24 costs, and whether the costs incurred are reasonable. The 25 application shall be on forms prescribed and provided by the 26 Agency. At a minimum, the application shall include the 27 following: 28 (1) information identifying the Remediation 29 Applicant and the site for which the tax credit is being 30 sought and the date of acceptance of the site into the 31 Site Remediation Program; 32 (2) a copy of the No Further Remediation Letter 33 with official verification that the letter has been HB5557 Engrossed -254- LRB9212249LBpr 1 recorded in the chain of title for the site and a 2 demonstration that the site for which the application is 3 submitted is the same site as the one for which the No 4 Further Remediation Letter is issued; 5 (3) a demonstration that the release of the 6 regulated substances of concern for which the No Further 7 Remediation Letter was issued were not caused or 8 contributed to in any material respect by the Remediation 9 Applicant. After the Pollution Control Board rules are 10 adopted pursuant to the Illinois Administrative Procedure 11 Act for the administration and enforcement of Section 12 58.9 of the Environmental Protection Act, determinations 13 as to credit availability shall be made consistent with 14 those rules; 15 (4) an itemization and documentation, including 16 receipts, of the remediation costs incurred; 17 (5) a demonstration that the costs incurred are 18 remediation costs as defined in this Act and its rules; 19 (6) a demonstration that the costs submitted for 20 review were incurred by the Remediation Applicant who 21 received the No Further Remediation Letter; 22 (7) an application fee in the amount set forth in 23 subsection (e) for each site for which review of 24 remediation costs is requested and, if applicable, 25 certification from the Department of Commerce and 26 Community Affairs that the site is located in an 27 enterprise zone; 28 (8) any other information deemed appropriate by the 29 Agency. 30 (c) Within 60 days after receipt by the Agency of an 31 application meeting the requirements of subsection (b), the 32 Agency shall issue a letter to the applicant approving, 33 disapproving, or modifying the remediation costs submitted in 34 the application. If the remediation costs are approved as HB5557 Engrossed -255- LRB9212249LBpr 1 submitted, the Agency's letter shall state the amount of the 2 remediation costs to be applied toward the Environmental 3 Remediation Tax Credit. If an application is disapproved or 4 approved with modification of remediation costs, the Agency's 5 letter shall set forth the reasons for the disapproval or 6 modification and state the amount of the remediation costs, 7 if any, to be applied toward the Environmental Remediation 8 Tax Credit. 9 If a preliminary review of a budget plan has been 10 obtained under subsection (d), the Remediation Applicant may 11 submit, with the application and supporting documentation 12 under subsection (b), a copy of the Agency's final 13 determination accompanied by a certification that the actual 14 remediation costs incurred for the development and 15 implementation of the Remedial Action Plan are equal to or 16 less than the costs approved in the Agency's final 17 determination on the budget plan. The certification shall be 18 signed by the Remediation Applicant and notarized. Based on 19 that submission, the Agency shall not be required to conduct 20 further review of the costs incurred for development and 21 implementation of the Remedial Action Plan and may approve 22 costs as submitted. 23 Within 35 days after receipt of an Agency letter 24 disapproving or modifying an application for approval of 25 remediation costs, the Remediation Applicant may appeal the 26 Agency's decision to the Board in the manner provided for the 27 review of permits in Section 40 of this Act. 28 (d) (1) A Remediation Applicant may obtain a preliminary 29 review of estimated remediation costs for the development 30 and implementation of the Remedial Action Plan by 31 submitting a budget plan along with the Remedial Action 32 Plan. The budget plan shall be set forth on forms 33 prescribed and provided by the Agency and shall include 34 but shall not be limited to line item estimates of the HB5557 Engrossed -256- LRB9212249LBpr 1 costs associated with each line item (such as personnel, 2 equipment, and materials) that the Remediation Applicant 3 anticipates will be incurred for the development and 4 implementation of the Remedial Action Plan. The Agency 5 shall review the budget plan along with the Remedial 6 Action Plan to determine whether the estimated costs 7 submitted are remediation costs and whether the costs 8 estimated for the activities are reasonable. 9 (2) If the Remedial Action Plan is amended by the 10 Remediation Applicant or as a result of Agency action, 11 the corresponding budget plan shall be revised 12 accordingly and resubmitted for Agency review. 13 (3) The budget plan shall be accompanied by the 14 applicable fee as set forth in subsection (e). 15 (4) Submittal of a budget plan shall be deemed an 16 automatic 60-day waiver of the Remedial Action Plan 17 review deadlines set forth in this Section and its rules. 18 (5) Within the applicable period of review, the 19 Agency shall issue a letter to the Remediation Applicant 20 approving, disapproving, or modifying the estimated 21 remediation costs submitted in the budget plan. If a 22 budget plan is disapproved or approved with modification 23 of estimated remediation costs, the Agency's letter shall 24 set forth the reasons for the disapproval or 25 modification. 26 (6) Within 35 days after receipt of an Agency 27 letter disapproving or modifying a budget plan, the 28 Remediation Applicant may appeal the Agency's decision to 29 the Board in the manner provided for the review of 30 permits in Section 40 of this Act. 31 (e) The fees for reviews conducted under this Section 32 are in addition to any other fees or payments for Agency 33 services rendered pursuant to the Site Remediation Program 34 and shall be as follows: HB5557 Engrossed -257- LRB9212249LBpr 1 (1) The fee for an application for review of 2 remediation costs shall be $1,000 for each site reviewed. 3 (2) The fee for the review of the budget plan 4 submitted under subsection (d) shall be $500 for each 5 site reviewed. 6 (3) In the case of a Remediation Applicant 7 submitting for review total remediation costs of $100,000 8 or less for a site located within an enterprise zone (as 9 set forth in paragraph (i) of subsection (l) of Section 10 201 of the Illinois Income Tax Act), the fee for an 11 application for review of remediation costs shall be $250 12 for each site reviewed. For those sites, there shall be 13 no fee for review of a budget plan under subsection (d). 14 The application fee shall be made payable to the State of 15 Illinois, for deposit into the Hazardous Waste Fund. 16 Pursuant to appropriation, the Agency shall use the fees 17 collected under this subsection for development and 18 administration of the review program. 19 (f) The Agency shall have the authority to enter into 20 any contracts or agreements that may be necessary to carry 21 out its duties and responsibilities under this Section. 22 (g) Within 6 months after July 21,the effective date of23this amendatory Act of1997, the Agency shall propose rules 24 prescribing procedures and standards for its administration 25 of this Section. Within 6 months after receipt of the 26 Agency's proposed rules, the Board shall adopt on second 27 notice, pursuant to Sections 27 and 28 of this Act and the 28 Illinois Administrative Procedure Act, rules that are 29 consistent with this Section. Prior to the effective date of 30 rules adopted under this Section, the Agency may conduct 31 reviews of applications under this Section and the Agency is 32 further authorized to distribute guidance documents on costs 33 that are eligible or ineligible as remediation costs. 34 (Source: P.A. 90-123, eff. 7-21-97; 90-792, eff. 1-1-99.) HB5557 Engrossed -258- LRB9212249LBpr 1 (415 ILCS 5/58.17) 2 Sec. 58.17. Environmental Land Use Control. No later 3 than 2 months after July 7, 2000the effective date of this4amendatory Act of the 91st General Assembly, the Agency, 5 after consideration of the recommendations of the Regulations 6 and Site Remediation Advisory Committee, shall propose rules 7 creating an instrument to be known as the Environmental Land 8 Use Control (ELUC). Within 6 months after receipt of the 9 Agency's proposed rules, the Board shall adopt, pursuant to 10 Sections 27 and 28 of this Act, rules creating the ELUC that 11 establish land use limitations or obligations on the use of 12 real property when necessary to manage risk to human health 13 or the environment arising from contamination left in place 14 pursuant to the procedures set forth in Section 58.5 of this 15 Act or 35 Ill. Adm. Code 742. The rules shall include 16 provisions addressing establishment, content, recording, 17 duration, and enforcement of ELUCs. 18 (Source: P.A. 91-909, eff. 7-7-00.) 19 (415 ILCS 5/4.1 rep.) 20 (415 ILCS 5/5.1 rep.) 21 (415 ILCS 5/12.1 rep.) 22 (415 ILCS 5/22.20 rep.) 23 (415 ILCS 5/22.41 rep.) 24 (415 ILCS 5/22.42 rep.) 25 (415 ILCS 5/50 rep.) 26 Section 10. The Environmental Protection Act is amended 27 by repealing Sections 4.1, 5.1, 12.1, 22.20, 22.41, 22.42, 28 and 50. 29 Section 15. The Employment of Illinois Workers on Public 30 Works Act is amended by changing Section 1 as follows: 31 (30 ILCS 570/1) (from Ch. 48, par. 2201) HB5557 Engrossed -259- LRB9212249LBpr 1 Sec. 1. For the purposes of Article 2 of this Act, the 2 following words have the meanings ascribed to them in this 3 Section. 4 (1) "Illinois laborer" refers to any person who has 5 resided in Illinois for at least 30 days and intends to 6 become or remain an Illinois resident. 7 (2) "A period of excessive unemployment" means any month 8 immediately following 2 consecutive calendar months during 9 which the level of unemployment in the State of Illinois has 10 exceeded 5% as measured by the United States Bureau of Labor 11 Statistics in its monthly publication of employment and 12 unemployment figures. 13 (3) "Hazardous waste" has the definition ascribed to it 14 in Section 3.2203.15of the Illinois Environmental 15 Protection Act, approved June 29, 1970, as amended. 16 (Source: P.A. 86-1015.) 17 Section 20. The Counties Code is amended by changing 18 Section 5-15002 as follows: 19 (55 ILCS 5/5-15002) (from Ch. 34, par. 5-15002) 20 Sec. 5-15002. Definitions. When used in this Division 21 the term "waterworks system" means and includes a waterworks 22 system in its entirety, or any integral part thereof, 23 including mains, hydrants, meters, valves, standpipes, 24 storage tanks, pumps, tanks, intakes, wells, impounding 25 reservoirs, machinery, purification plants, softening 26 apparatus, and all other elements useful in connection with a 27 water supply or water distribution system. 28 The term "sewerage system" means and includes any or all 29 of the following: Sewerage treatment plant or plants, 30 collecting, intercepting, and outlet sewers, lateral sewers 31 and drains, including combined storm water and sanitary 32 drains, force mains, conduits, pumping stations, ejector HB5557 Engrossed -260- LRB9212249LBpr 1 stations, and all other appurtenances, extensions and 2 improvements necessary, useful or convenient for the 3 collection, treatment and disposal in a sanitary manner of 4 storm water, sanitary sewage and industrial wastes. 5 The term "combined waterworks and sewerage system" means 6 and includes a waterworks and sewerage system, as hereinabove 7 defined, which any county shall determine to operate in 8 combination. 9 The term "waste management" means the process of storage, 10 treatment or disposal, but not the hauling or transport, of 11 "waste" as defined in Section 3.5353.53of the Environmental 12 Protection Act, but excluding "hazardous waste" as defined in 13 that Act. 14 (Source: P.A. 86-962; 87-650.) 15 Section 25. The Illinois Municipal Code is amended by 16 changing Section 11-31-1 as follows: 17 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1) 18 Sec. 11-31-1. Demolition, repair, enclosure, or 19 remediation. 20 (a) The corporate authorities of each municipality may 21 demolish, repair, or enclose or cause the demolition, repair, 22 or enclosure of dangerous and unsafe buildings or uncompleted 23 and abandoned buildings within the territory of the 24 municipality and may remove or cause the removal of garbage, 25 debris, and other hazardous, noxious, or unhealthy substances 26 or materials from those buildings. In any county having 27 adopted by referendum or otherwise a county health department 28 as provided by Division 5-25 of the Counties Code or its 29 predecessor, the county board of that county may exercise 30 those powers with regard to dangerous and unsafe buildings or 31 uncompleted and abandoned buildings within the territory of 32 any city, village, or incorporated town having less than HB5557 Engrossed -261- LRB9212249LBpr 1 50,000 population. 2 The corporate authorities shall apply to the circuit 3 court of the county in which the building is located (i) for 4 an order authorizing action to be taken with respect to a 5 building if the owner or owners of the building, including 6 the lien holders of record, after at least 15 days' written 7 notice by mail so to do, have failed to put the building in a 8 safe condition or to demolish it or (ii) for an order 9 requiring the owner or owners of record to demolish, repair, 10 or enclose the building or to remove garbage, debris, and 11 other hazardous, noxious, or unhealthy substances or 12 materials from the building. It is not a defense to the 13 cause of action that the building is boarded up or otherwise 14 enclosed, although the court may order the defendant to have 15 the building boarded up or otherwise enclosed. Where, upon 16 diligent search, the identity or whereabouts of the owner or 17 owners of the building, including the lien holders of record, 18 is not ascertainable, notice mailed to the person or persons 19 in whose name the real estate was last assessed is sufficient 20 notice under this Section. 21 The hearing upon the application to the circuit court 22 shall be expedited by the court and shall be given precedence 23 over all other suits. Any person entitled to bring an action 24 under subsection (b) shall have the right to intervene in an 25 action brought under this Section. 26 The cost of the demolition, repair, enclosure, or removal 27 incurred by the municipality, by an intervenor, or by a lien 28 holder of record, including court costs, attorney's fees, and 29 other costs related to the enforcement of this Section, is 30 recoverable from the owner or owners of the real estate or 31 the previous owner or both if the property was transferred 32 during the 15 day notice period and is a lien on the real 33 estate; the lien is superior to all prior existing liens and 34 encumbrances, except taxes, if, within 180 days after the HB5557 Engrossed -262- LRB9212249LBpr 1 repair, demolition, enclosure, or removal, the municipality, 2 the lien holder of record, or the intervenor who incurred the 3 cost and expense shall file a notice of lien for the cost and 4 expense incurred in the office of the recorder in the county 5 in which the real estate is located or in the office of the 6 registrar of titles of the county if the real estate affected 7 is registered under the Registered Titles (Torrens) Act. 8 The notice must consist of a sworn statement setting out 9 (1) a description of the real estate sufficient for its 10 identification, (2) the amount of money representing the cost 11 and expense incurred, and (3) the date or dates when the cost 12 and expense was incurred by the municipality, the lien holder 13 of record, or the intervenor. Upon payment of the cost and 14 expense by the owner of or persons interested in the property 15 after the notice of lien has been filed, the lien shall be 16 released by the municipality, the person in whose name the 17 lien has been filed, or the assignee of the lien, and the 18 release may be filed of record as in the case of filing 19 notice of lien. Unless the lien is enforced under subsection 20 (c), the lien may be enforced by foreclosure proceedings as 21 in the case of mortgage foreclosures under Article XV of the 22 Code of Civil Procedure or mechanics' lien foreclosures. An 23 action to foreclose this lien may be commenced at any time 24 after the date of filing of the notice of lien. The costs of 25 foreclosure incurred by the municipality, including court 26 costs, reasonable attorney's fees, advances to preserve the 27 property, and other costs related to the enforcement of this 28 subsection, plus statutory interest, are a lien on the real 29 estate and are recoverable by the municipality from the owner 30 or owners of the real estate. 31 All liens arising under this subsection (a) shall be 32 assignable. The assignee of the lien shall have the same 33 power to enforce the lien as the assigning party, except that 34 the lien may not be enforced under subsection (c). HB5557 Engrossed -263- LRB9212249LBpr 1 If the appropriate official of any municipality 2 determines that any dangerous and unsafe building or 3 uncompleted and abandoned building within its territory 4 fulfills the requirements for an action by the municipality 5 under the Abandoned Housing Rehabilitation Act, the 6 municipality may petition under that Act in a proceeding 7 brought under this subsection. 8 (b) Any owner or tenant of real property within 1200 9 feet in any direction of any dangerous or unsafe building 10 located within the territory of a municipality with a 11 population of 500,000 or more may file with the appropriate 12 municipal authority a request that the municipality apply to 13 the circuit court of the county in which the building is 14 located for an order permitting the demolition, removal of 15 garbage, debris, and other noxious or unhealthy substances 16 and materials from, or repair or enclosure of the building in 17 the manner prescribed in subsection (a) of this Section. If 18 the municipality fails to institute an action in circuit 19 court within 90 days after the filing of the request, the 20 owner or tenant of real property within 1200 feet in any 21 direction of the building may institute an action in circuit 22 court seeking an order compelling the owner or owners of 23 record to demolish, remove garbage, debris, and other noxious 24 or unhealthy substances and materials from, repair or enclose 25 or to cause to be demolished, have garbage, debris, and other 26 noxious or unhealthy substances and materials removed from, 27 repaired, or enclosed the building in question. A private 28 owner or tenant who institutes an action under the preceding 29 sentence shall not be required to pay any fee to the clerk of 30 the circuit court. The cost of repair, removal, demolition, 31 or enclosure shall be borne by the owner or owners of record 32 of the building. In the event the owner or owners of record 33 fail to demolish, remove garbage, debris, and other noxious 34 or unhealthy substances and materials from, repair, or HB5557 Engrossed -264- LRB9212249LBpr 1 enclose the building within 90 days of the date the court 2 entered its order, the owner or tenant who instituted the 3 action may request that the court join the municipality as a 4 party to the action. The court may order the municipality to 5 demolish, remove materials from, repair, or enclose the 6 building, or cause that action to be taken upon the request 7 of any owner or tenant who instituted the action or upon the 8 municipality's request. The municipality may file, and the 9 court may approve, a plan for rehabilitating the building in 10 question. A court order authorizing the municipality to 11 demolish, remove materials from, repair, or enclose a 12 building, or cause that action to be taken, shall not 13 preclude the court from adjudging the owner or owners of 14 record of the building in contempt of court due to the 15 failure to comply with the order to demolish, remove garbage, 16 debris, and other noxious or unhealthy substances and 17 materials from, repair, or enclose the building. 18 If a municipality or a person or persons other than the 19 owner or owners of record pay the cost of demolition, removal 20 of garbage, debris, and other noxious or unhealthy substances 21 and materials, repair, or enclosure pursuant to a court 22 order, the cost, including court costs, attorney's fees, and 23 other costs related to the enforcement of this subsection, is 24 recoverable from the owner or owners of the real estate and 25 is a lien on the real estate; the lien is superior to all 26 prior existing liens and encumbrances, except taxes, if, 27 within 180 days after the repair, removal, demolition, or 28 enclosure, the municipality or the person or persons who paid 29 the costs of demolition, removal, repair, or enclosure shall 30 file a notice of lien of the cost and expense incurred in the 31 office of the recorder in the county in which the real estate 32 is located or in the office of the registrar of the county if 33 the real estate affected is registered under the Registered 34 Titles (Torrens) Act. The notice shall be in a form as is HB5557 Engrossed -265- LRB9212249LBpr 1 provided in subsection (a). An owner or tenant who 2 institutes an action in circuit court seeking an order to 3 compel the owner or owners of record to demolish, remove 4 materials from, repair, or enclose any dangerous or unsafe 5 building, or to cause that action to be taken under this 6 subsection may recover court costs and reasonable attorney's 7 fees for instituting the action from the owner or owners of 8 record of the building. Upon payment of the costs and 9 expenses by the owner of or a person interested in the 10 property after the notice of lien has been filed, the lien 11 shall be released by the municipality or the person in whose 12 name the lien has been filed or his or her assignee, and the 13 release may be filed of record as in the case of filing a 14 notice of lien. Unless the lien is enforced under subsection 15 (c), the lien may be enforced by foreclosure proceedings as 16 in the case of mortgage foreclosures under Article XV of the 17 Code of Civil Procedure or mechanics' lien foreclosures. An 18 action to foreclose this lien may be commenced at any time 19 after the date of filing of the notice of lien. The costs of 20 foreclosure incurred by the municipality, including court 21 costs, reasonable attorneys' fees, advances to preserve the 22 property, and other costs related to the enforcement of this 23 subsection, plus statutory interest, are a lien on the real 24 estate and are recoverable by the municipality from the owner 25 or owners of the real estate. 26 All liens arising under the terms of this subsection (b) 27 shall be assignable. The assignee of the lien shall have the 28 same power to enforce the lien as the assigning party, except 29 that the lien may not be enforced under subsection (c). 30 (c) In any case where a municipality has obtained a lien 31 under subsection (a), (b), or (f), the municipality may 32 enforce the lien under this subsection (c) in the same 33 proceeding in which the lien is authorized. 34 A municipality desiring to enforce a lien under this HB5557 Engrossed -266- LRB9212249LBpr 1 subsection (c) shall petition the court to retain 2 jurisdiction for foreclosure proceedings under this 3 subsection. Notice of the petition shall be served, by 4 certified or registered mail, on all persons who were served 5 notice under subsection (a), (b), or (f). The court shall 6 conduct a hearing on the petition not less than 15 days after 7 the notice is served. If the court determines that the 8 requirements of this subsection (c) have been satisfied, it 9 shall grant the petition and retain jurisdiction over the 10 matter until the foreclosure proceeding is completed. The 11 costs of foreclosure incurred by the municipality, including 12 court costs, reasonable attorneys' fees, advances to preserve 13 the property, and other costs related to the enforcement of 14 this subsection, plus statutory interest, are a lien on the 15 real estate and are recoverable by the municipality from the 16 owner or owners of the real estate. If the court denies the 17 petition, the municipality may enforce the lien in a separate 18 action as provided in subsection (a), (b), or (f). 19 All persons designated in Section 15-1501 of the Code of 20 Civil Procedure as necessary parties in a mortgage 21 foreclosure action shall be joined as parties before issuance 22 of an order of foreclosure. Persons designated in Section 23 15-1501 of the Code of Civil Procedure as permissible parties 24 may also be joined as parties in the action. 25 The provisions of Article XV of the Code of Civil 26 Procedure applicable to mortgage foreclosures shall apply to 27 the foreclosure of a lien under this subsection (c), except 28 to the extent that those provisions are inconsistent with 29 this subsection. For purposes of foreclosures of liens 30 under this subsection, however, the redemption period 31 described in subsection (b) of Section 15-1603 of the Code of 32 Civil Procedure shall end 60 days after the date of entry of 33 the order of foreclosure. 34 (d) In addition to any other remedy provided by law, the HB5557 Engrossed -267- LRB9212249LBpr 1 corporate authorities of any municipality may petition the 2 circuit court to have property declared abandoned under this 3 subsection (d) if: 4 (1) the property has been tax delinquent for 2 or 5 more years or bills for water service for the property 6 have been outstanding for 2 or more years; 7 (2) the property is unoccupied by persons legally 8 in possession; and 9 (3) the property contains a dangerous or unsafe 10 building. 11 All persons having an interest of record in the property, 12 including tax purchasers and beneficial owners of any 13 Illinois land trust having title to the property, shall be 14 named as defendants in the petition and shall be served with 15 process. In addition, service shall be had under Section 16 2-206 of the Code of Civil Procedure as in other cases 17 affecting property. 18 The municipality, however, may proceed under this 19 subsection in a proceeding brought under subsection (a) or 20 (b). Notice of the petition shall be served by certified or 21 registered mail on all persons who were served notice under 22 subsection (a) or (b). 23 If the municipality proves that the conditions described 24 in this subsection exist and the owner of record of the 25 property does not enter an appearance in the action, or, if 26 title to the property is held by an Illinois land trust, if 27 neither the owner of record nor the owner of the beneficial 28 interest of the trust enters an appearance, the court shall 29 declare the property abandoned. 30 If that determination is made, notice shall be sent by 31 certified or registered mail to all persons having an 32 interest of record in the property, including tax purchasers 33 and beneficial owners of any Illinois land trust having title 34 to the property, stating that title to the property will be HB5557 Engrossed -268- LRB9212249LBpr 1 transferred to the municipality unless, within 30 days of the 2 notice, the owner of record enters an appearance in the 3 action, or unless any other person having an interest in the 4 property files with the court a request to demolish the 5 dangerous or unsafe building or to put the building in safe 6 condition. 7 If the owner of record enters an appearance in the action 8 within the 30 day period, the court shall vacate its order 9 declaring the property abandoned. In that case, the 10 municipality may amend its complaint in order to initiate 11 proceedings under subsection (a). 12 If a request to demolish or repair the building is filed 13 within the 30 day period, the court shall grant permission to 14 the requesting party to demolish the building within 30 days 15 or to restore the building to safe condition within 60 days 16 after the request is granted. An extension of that period 17 for up to 60 additional days may be given for good cause. If 18 more than one person with an interest in the property files a 19 timely request, preference shall be given to the person with 20 the lien or other interest of the highest priority. 21 If the requesting party proves to the court that the 22 building has been demolished or put in a safe condition 23 within the period of time granted by the court, the court 24 shall issue a quitclaim judicial deed for the property to the 25 requesting party, conveying only the interest of the owner of 26 record, upon proof of payment to the municipality of all 27 costs incurred by the municipality in connection with the 28 action, including but not limited to court costs, attorney's 29 fees, administrative costs, the costs, if any, associated 30 with building enclosure or removal, and receiver's 31 certificates. The interest in the property so conveyed shall 32 be subject to all liens and encumbrances on the property. In 33 addition, if the interest is conveyed to a person holding a 34 certificate of purchase for the property under the Property HB5557 Engrossed -269- LRB9212249LBpr 1 Tax Code, the conveyance shall be subject to the rights of 2 redemption of all persons entitled to redeem under that Act, 3 including the original owner of record. 4 If no person with an interest in the property files a 5 timely request or if the requesting party fails to demolish 6 the building or put the building in safe condition within the 7 time specified by the court, the municipality may petition 8 the court to issue a judicial deed for the property to the 9 municipality. A conveyance by judicial deed shall operate to 10 extinguish all existing ownership interests in, liens on, and 11 other interest in the property, including tax liens, and 12 shall extinguish the rights and interests of any and all 13 holders of a bona fide certificate of purchase of the 14 property for delinquent taxes. Any such bona fide 15 certificate of purchase holder shall be entitled to a sale in 16 error as prescribed under Section 21-310 of the Property Tax 17 Code. 18 (e) Each municipality may use the provisions of this 19 subsection to expedite the removal of certain buildings that 20 are a continuing hazard to the community in which they are 21 located. 22 If a residential or commercial building is 3 stories or 23 less in height as defined by the municipality's building 24 code, and the corporate official designated to be in charge 25 of enforcing the municipality's building code determines that 26 the building is open and vacant and an immediate and 27 continuing hazard to the community in which the building is 28 located, then the official shall be authorized to post a 29 notice not less than 2 feet by 2 feet in size on the front of 30 the building. The notice shall be dated as of the date of 31 the posting and shall state that unless the building is 32 demolished, repaired, or enclosed, and unless any garbage, 33 debris, and other hazardous, noxious, or unhealthy substances 34 or materials are removed so that an immediate and continuing HB5557 Engrossed -270- LRB9212249LBpr 1 hazard to the community no longer exists, then the building 2 may be demolished, repaired, or enclosed, or any garbage, 3 debris, and other hazardous, noxious, or unhealthy substances 4 or materials may be removed, by the municipality. 5 Not later than 30 days following the posting of the 6 notice, the municipality shall do all of the following: 7 (1) Cause to be sent, by certified mail, return 8 receipt requested, a Notice to Remediate to all owners 9 of record of the property, the beneficial owners of any 10 Illinois land trust having title to the property, and all 11 lienholders of record in the property, stating the intent 12 of the municipality to demolish, repair, or enclose the 13 building or remove any garbage, debris, or other 14 hazardous, noxious, or unhealthy substances or materials 15 if that action is not taken by the owner or owners. 16 (2) Cause to be published, in a newspaper published 17 or circulated in the municipality where the building is 18 located, a notice setting forth (i) the permanent tax 19 index number and the address of the building, (ii) a 20 statement that the property is open and vacant and 21 constitutes an immediate and continuing hazard to the 22 community, and (iii) a statement that the municipality 23 intends to demolish, repair, or enclose the building or 24 remove any garbage, debris, or other hazardous, noxious, 25 or unhealthy substances or materials if the owner or 26 owners or lienholders of record fail to do so. This 27 notice shall be published for 3 consecutive days. 28 (3) Cause to be recorded the Notice to Remediate 29 mailed under paragraph (1) in the office of the recorder 30 in the county in which the real estate is located or in 31 the office of the registrar of titles of the county if 32 the real estate is registered under the Registered Title 33 (Torrens) Act. 34 Any person or persons with a current legal or equitable HB5557 Engrossed -271- LRB9212249LBpr 1 interest in the property objecting to the proposed actions of 2 the corporate authorities may file his or her objection in an 3 appropriate form in a court of competent jurisdiction. 4 If the building is not demolished, repaired, or enclosed, 5 or the garbage, debris, or other hazardous, noxious, or 6 unhealthy substances or materials are not removed, within 30 7 days of mailing the notice to the owners of record, the 8 beneficial owners of any Illinois land trust having title to 9 the property, and all lienholders of record in the property, 10 or within 30 days of the last day of publication of the 11 notice, whichever is later, the corporate authorities shall 12 have the power to demolish, repair, or enclose the building 13 or to remove any garbage, debris, or other hazardous, 14 noxious, or unhealthy substances or materials. 15 The municipality may proceed to demolish, repair, or 16 enclose a building or remove any garbage, debris, or other 17 hazardous, noxious, or unhealthy substances or materials 18 under this subsection within a 120-day period following the 19 date of the mailing of the notice if the appropriate official 20 determines that the demolition, repair, enclosure, or removal 21 of any garbage, debris, or other hazardous, noxious, or 22 unhealthy substances or materials is necessary to remedy the 23 immediate and continuing hazard. If, however, before the 24 municipality proceeds with any of the actions authorized by 25 this subsection, any person with a legal or equitable 26 interest in the property has sought a hearing under this 27 subsection before a court and has served a copy of the 28 complaint on the chief executive officer of the municipality, 29 then the municipality shall not proceed with the demolition, 30 repair, enclosure, or removal of garbage, debris, or other 31 substances until the court determines that that action is 32 necessary to remedy the hazard and issues an order 33 authorizing the municipality to do so. 34 Following the demolition, repair, or enclosure of a HB5557 Engrossed -272- LRB9212249LBpr 1 building, or the removal of garbage, debris, or other 2 hazardous, noxious, or unhealthy substances or materials 3 under this subsection, the municipality may file a notice of 4 lien against the real estate for the cost of the demolition, 5 repair, enclosure, or removal within 180 days after the 6 repair, demolition, enclosure, or removal occurred, for the 7 cost and expense incurred, in the office of the recorder in 8 the county in which the real estate is located or in the 9 office of the registrar of titles of the county if the real 10 estate affected is registered under the Registered Titles 11 (Torrens) Act; this lien has priority over the interests of 12 those parties named in the Notice to Remediate mailed under 13 paragraph (1), but not over the interests of third party 14 purchasers or encumbrancers for value who obtained their 15 interests in the property before obtaining actual or 16 constructive notice of the lien. The notice of lien shall 17 consist of a sworn statement setting forth (i) a description 18 of the real estate, such as the address or other description 19 of the property, sufficient for its identification; (ii) the 20 expenses incurred by the municipality in undertaking the 21 remedial actions authorized under this subsection; (iii) the 22 date or dates the expenses were incurred by the municipality; 23 (iv) a statement by the corporate official responsible for 24 enforcing the building code that the building was open and 25 vacant and constituted an immediate and continuing hazard to 26 the community; (v) a statement by the corporate official that 27 the required sign was posted on the building, that notice was 28 sent by certified mail to the owners of record, and that 29 notice was published in accordance with this subsection; and 30 (vi) a statement as to when and where the notice was 31 published. The lien authorized by this subsection may 32 thereafter be released or enforced by the municipality as 33 provided in subsection (a). 34 (f) The corporate authorities of each municipality may HB5557 Engrossed -273- LRB9212249LBpr 1 remove or cause the removal of, or otherwise environmentally 2 remediate hazardous substances and petroleum products on, in, 3 or under any abandoned and unsafe property within the 4 territory of a municipality. In addition, where preliminary 5 evidence indicates the presence or likely presence of a 6 hazardous substance or a petroleum product or a release or a 7 substantial threat of a release of a hazardous substance or a 8 petroleum product on, in, or under the property, the 9 corporate authorities of the municipality may inspect the 10 property and test for the presence or release of hazardous 11 substances and petroleum products. In any county having 12 adopted by referendum or otherwise a county health department 13 as provided by Division 5-25 of the Counties Code or its 14 predecessor, the county board of that county may exercise the 15 above-described powers with regard to property within the 16 territory of any city, village, or incorporated town having 17 less than 50,000 population. 18 For purposes of this subsection (f): 19 (1) "property" or "real estate" means all real 20 property, whether or not improved by a structure; 21 (2) "abandoned" means; 22 (A) the property has been tax delinquent for 2 23 or more years; 24 (B) the property is unoccupied by persons 25 legally in possession; and 26 (3) "unsafe" means property that presents an actual 27 or imminent threat to public health and safety caused by 28 the release of hazardous substances; and 29 (4) "hazardous substances" means the same as in 30 Section 3.2153.14of the Environmental Protection Act. 31 The corporate authorities shall apply to the circuit 32 court of the county in which the property is located (i) for 33 an order allowing the municipality to enter the property and 34 inspect and test substances on, in, or under the property; or HB5557 Engrossed -274- LRB9212249LBpr 1 (ii) for an order authorizing the corporate authorities to 2 take action with respect to remediation of the property if 3 conditions on the property, based on the inspection and 4 testing authorized in paragraph (i), indicate the presence of 5 hazardous substances or petroleum products. Remediation 6 shall be deemed complete for purposes of paragraph (ii) above 7 when the property satisfies Tier I, II, or III remediation 8 objectives for the property's most recent usage, as 9 established by the Environmental Protection Act, and the 10 rules and regulations promulgated thereunder. Where, upon 11 diligent search, the identity or whereabouts of the owner or 12 owners of the property, including the lien holders of record, 13 is not ascertainable, notice mailed to the person or persons 14 in whose name the real estate was last assessed is sufficient 15 notice under this Section. 16 The court shall grant an order authorizing testing under 17 paragraph (i) above upon a showing of preliminary evidence 18 indicating the presence or likely presence of a hazardous 19 substance or a petroleum product or a release of or a 20 substantial threat of a release of a hazardous substance or a 21 petroleum product on, in, or under abandoned property. The 22 preliminary evidence may include, but is not limited to, 23 evidence of prior use, visual site inspection, or records of 24 prior environmental investigations. The testing authorized 25 by paragraph (i) above shall include any type of 26 investigation which is necessary for an environmental 27 professional to determine the environmental condition of the 28 property, including but not limited to performance of soil 29 borings and groundwater monitoring. The court shall grant a 30 remediation order under paragraph (ii) above where testing of 31 the property indicates that it fails to meet the applicable 32 remediation objectives. The hearing upon the application to 33 the circuit court shall be expedited by the court and shall 34 be given precedence over all other suits. HB5557 Engrossed -275- LRB9212249LBpr 1 The cost of the inspection, testing, or remediation 2 incurred by the municipality or by a lien holder of record, 3 including court costs, attorney's fees, and other costs 4 related to the enforcement of this Section, is a lien on the 5 real estate; except that in any instances where a 6 municipality incurs costs of inspection and testing but finds 7 no hazardous substances or petroleum products on the property 8 that present an actual or imminent threat to public health 9 and safety, such costs are not recoverable from the owners 10 nor are such costs a lien on the real estate. The lien is 11 superior to all prior existing liens and encumbrances, except 12 taxes and any lien obtained under subsection (a) or (e), if, 13 within 180 days after the completion of the inspection, 14 testing, or remediation, the municipality or the lien holder 15 of record who incurred the cost and expense shall file a 16 notice of lien for the cost and expense incurred in the 17 office of the recorder in the county in which the real estate 18 is located or in the office of the registrar of titles of the 19 county if the real estate affected is registered under the 20 Registered Titles (Torrens) Act. 21 The notice must consist of a sworn statement setting out 22 (i) a description of the real estate sufficient for its 23 identification, (ii) the amount of money representing the 24 cost and expense incurred, and (iii) the date or dates when 25 the cost and expense was incurred by the municipality or the 26 lien holder of record. Upon payment of the lien amount by 27 the owner of or persons interested in the property after the 28 notice of lien has been filed, a release of lien shall be 29 issued by the municipality, the person in whose name the lien 30 has been filed, or the assignee of the lien, and the release 31 may be filed of record as in the case of filing notice of 32 lien. 33 The lien may be enforced under subsection (c) or by 34 foreclosure proceedings as in the case of mortgage HB5557 Engrossed -276- LRB9212249LBpr 1 foreclosures under Article XV of the Code of Civil Procedure 2 or mechanics' lien foreclosures; provided that where the lien 3 is enforced by foreclosure under subsection (c) or under 4 either statute, the municipality may not proceed against the 5 other assets of the owner or owners of the real estate for 6 any costs that otherwise would be recoverable under this 7 Section but that remain unsatisfied after foreclosure except 8 where such additional recovery is authorized by separate 9 environmental laws. An action to foreclose this lien may be 10 commenced at any time after the date of filing of the notice 11 of lien. The costs of foreclosure incurred by the 12 municipality, including court costs, reasonable attorney's 13 fees, advances to preserve the property, and other costs 14 related to the enforcement of this subsection, plus statutory 15 interest, are a lien on the real estate. 16 All liens arising under this subsection (f) shall be 17 assignable. The assignee of the lien shall have the same 18 power to enforce the lien as the assigning party, except that 19 the lien may not be enforced under subsection (c). 20 (g) In any case where a municipality has obtained a lien 21 under subsection (a), the municipality may also bring an 22 action for a money judgment against the owner or owners of 23 the real estate in the amount of the lien in the same manner 24 as provided for bringing causes of action in Article II of 25 the Code of Civil Procedure and, upon obtaining a judgment, 26 file a judgment lien against all of the real estate of the 27 owner or owners and enforce that lien as provided for in 28 Article XII of the Code of Civil Procedure. 29 (Source: P.A. 91-162, eff. 7-16-99; 91-177, eff. 1-1-00; 30 91-357, eff. 7-29-99; 91-542, eff. 1-1-00; 91-561, eff. 31 1-1-00; 92-16, eff. 6-28-01.) 32 Section 30. The Conservation District Act is amended by 33 changing Section 19 as follows: HB5557 Engrossed -277- LRB9212249LBpr 1 (70 ILCS 410/19) (from Ch. 96 1/2, par. 7129) 2 Sec. 19. Landfills. 3 (a) No land that is owned or acquired by a conservation 4 district may be used for the development or operation of any 5 new pollution control facility, as those terms are defined in 6 Section 3.3303.32of the Environmental Protection Act. 7 (b) A conservation district may not transfer any land or 8 interest in land owned or acquired by the district to any 9 other entity which the district has reason to know intends to 10 construct, expand or operate thereon any sanitary landfill or 11 regulated waste treatment, disposal or storage facility or 12 develop or operate thereon any new pollution control 13 facility, as that term is defined in Section 3.3303.32of 14 the Environmental Protection Act. 15 A conservation district that wishes to transfer any land 16 or interest in land owned or acquired by the district to any 17 other entity must impose, as a condition of the transfer, a 18 covenant prohibiting the development thereon or operation of 19 any new pollution control facility, as that term is defined 20 in Section 3.3303.32of the Environmental Protection Act. 21 (Source: P.A. 87-554; 88-681, eff. 12-22-94.) 22 Section 35. The Downstate Forest Preserve District Act 23 is amended by changing Section 18.6c as follows: 24 (70 ILCS 805/18.6c) (from Ch. 96 1/2, par. 6340c) 25 Sec. 18.6c. Landfills. 26 (a) No land that is owned or acquired by a forest 27 preserve district may be used for the development or 28 operation of any new pollution control facility, as that term 29 is defined in Section 3.3303.32of the Environmental 30 Protection Act. 31 (b) A forest preserve district may not transfer any land 32 or interest in land owned or acquired by the district to any HB5557 Engrossed -278- LRB9212249LBpr 1 other entity which the district has reason to know intends to 2 construct, expand or operate thereon any sanitary landfill or 3 regulated waste treatment, disposal or storage facility or 4 develop or operate thereon any new pollution control 5 facility, as that term is defined in Section 3.3303.32of 6 the Environmental Protection Act. 7 A forest preserve district that wishes to transfer any 8 land or interest in land owned or acquired by the district to 9 any other entity must impose, as a condition of the transfer, 10 a covenant prohibiting the development thereon or operation 11 of any new pollution control facility, as that term is 12 defined in Section 3.3303.32of the Environmental Protection 13 Act. 14 (Source: P.A. 87-554; 88-681, eff. 12-22-94.) 15 Section 40. The Public Utilities Act is amended by 16 changing Section 8-403.1 as follows: 17 (220 ILCS 5/8-403.1) (from Ch. 111 2/3, par. 8-403.1) 18 Sec. 8-403.1. Electricity purchased from qualified solid 19 waste energy facility; tax credit; distributions for economic 20 development. 21 (a) It is hereby declared to be the policy of this State 22 to encourage the development of alternate energy production 23 facilities in order to conserve our energy resources and to 24 provide for their most efficient use. 25 (b) For the purpose of this Section and Section 9-215.1, 26 "qualified solid waste energy facility" means a facility 27 determined by the Illinois Commerce Commission to qualify as 28 such under the Local Solid Waste Disposal Act, to use methane 29 gas generated from landfills as its primary fuel, and to 30 possess characteristics that would enable it to qualify as a 31 cogeneration or small power production facility under federal 32 law. HB5557 Engrossed -279- LRB9212249LBpr 1 (c) In furtherance of the policy declared in this 2 Section, the Illinois Commerce Commission shall require 3 electric utilities to enter into long-term contracts to 4 purchase electricity from qualified solid waste energy 5 facilities located in the electric utility's service area, 6 for a period beginning on the date that the facility begins 7 generating electricity and having a duration of not less than 8 10 years in the case of facilities fueled by 9 landfill-generated methane, or 20 years in the case of 10 facilities fueled by methane generated from a landfill owned 11 by a forest preserve district. The purchase rate contained 12 in such contracts shall be equal to the average amount per 13 kilowatt-hour paid from time to time by the unit or units of 14 local government in which the electricity generating 15 facilities are located, excluding amounts paid for street 16 lighting and pumping service. 17 (d) Whenever a public utility is required to purchase 18 electricity pursuant to subsection (c) above, it shall be 19 entitled to credits in respect of its obligations to remit to 20 the State taxes it has collected under the Electricity Excise 21 Tax Law equal to the amounts, if any, by which payments for 22 such electricity exceed (i) the then current rate at which 23 the utility must purchase the output of qualified facilities 24 pursuant to the federal Public Utility Regulatory Policies 25 Act of 1978, less (ii) any costs, expenses, losses, damages 26 or other amounts incurred by the utility, or for which it 27 becomes liable, arising out of its failure to obtain such 28 electricity from such other sources. The amount of any such 29 credit shall, in the first instance, be determined by the 30 utility, which shall make a monthly report of such credits to 31 the Illinois Commerce Commission and, on its monthly tax 32 return, to the Illinois Department of Revenue. Under no 33 circumstances shall a utility be required to purchase 34 electricity from a qualified solid waste energy facility at HB5557 Engrossed -280- LRB9212249LBpr 1 the rate prescribed in subsection (c) of this Section if such 2 purchase would result in estimated tax credits that exceed, 3 on a monthly basis, the utility's estimated obligation to 4 remit to the State taxes it has collected under the 5 Electricity Excise Tax Law. The owner or operator shall 6 negotiate facility operating conditions with the purchasing 7 utility in accordance with that utility's posted standard 8 terms and conditions for small power producers. If the 9 Department of Revenue disputes the amount of any such credit, 10 such dispute shall be decided by the Illinois Commerce 11 Commission. Whenever a qualified solid waste energy facility 12 has paid or otherwise satisfied in full the capital costs or 13 indebtedness incurred in developing and implementing the 14 qualified facility, the qualified facility shall reimburse 15 the Public Utility Fund and the General Revenue Fund in the 16 State treasury for the actual reduction in payments to those 17 Funds caused by this subsection (d) in a manner to be 18 determined by the Illinois Commerce Commission and based on 19 the manner in which revenues for those Funds were reduced. 20 (e) The Illinois Commerce Commission shall not require 21 an electric utility to purchase electricity from any 22 qualified solid waste energy facility which is owned or 23 operated by an entity that is primarily engaged in the 24 business of producing or selling electricity, gas, or useful 25 thermal energy from a source other than one or more qualified 26 solid waste energy facilities. 27 (f) This Section does not require an electric utility to 28 construct additional facilities unless those facilities are 29 paid for by the owner or operator of the affected qualified 30 solid waste energy facility. 31 (g) The Illinois Commerce Commission shall require that: 32 (1) electric utilities use the electricity purchased from a 33 qualified solid waste energy facility to displace electricity 34 generated from nuclear power or coal mined and purchased HB5557 Engrossed -281- LRB9212249LBpr 1 outside the boundaries of the State of Illinois before 2 displacing electricity generated from coal mined and 3 purchased within the State of Illinois, to the extent 4 possible, and (2) electric utilities report annually to the 5 Commission on the extent of such displacements. 6 (h) Nothing in this Section is intended to cause an 7 electric utility that is required to purchase power hereunder 8 to incur any economic loss as a result of its purchase. All 9 amounts paid for power which a utility is required to 10 purchase pursuant to subparagraph (c) shall be deemed to be 11 costs prudently incurred for purposes of computing charges 12 under rates authorized by Section 9-220 of this Act. Tax 13 credits provided for herein shall be reflected in charges 14 made pursuant to rates so authorized to the extent such 15 credits are based upon a cost which is also reflected in such 16 charges. 17 (i) Beginning in February 1999 and through January 2009, 18 each qualified solid waste energy facility that sells 19 electricity to an electric utility at the purchase rate 20 described in subsection (c) shall file with the Department of 21 Revenue on or before the 15th of each month a form, 22 prescribed by the Department of Revenue, that states the 23 number of kilowatt hours of electricity for which payment was 24 received at that purchase rate from electric utilities in 25 Illinois during the immediately preceding month. This form 26 shall be accompanied by a payment from the qualified solid 27 waste energy facility in an amount equal to six-tenths of a 28 mill ($0.0006) per kilowatt hour of electricity stated on the 29 form. Beginning on the effective date of this amendatory Act 30 of the 92nd General Assembly, a qualified solid waste energy 31 facility must file the form required under this subsection 32 (i) before the 15th of each month regardless of whether the 33 facility received any payment in the previous month. 34 Payments received by the Department of Revenue shall be HB5557 Engrossed -282- LRB9212249LBpr 1 deposited into the Municipal Economic Development Fund, a 2 trust fund created outside the State treasury. The State 3 Treasurer may invest the moneys in the Fund in any investment 4 authorized by the Public Funds Investment Act, and investment 5 income shall be deposited into and become part of the Fund. 6 Moneys in the Fund shall be used by the State Treasurer as 7 provided in subsection (j). The obligation of a qualified 8 solid waste energy facility to make payments into the 9 Municipal Economic Development Fund shall terminate upon 10 either: (1) expiration or termination of a facility's 11 contract to sell electricity to an electric utility at the 12 purchase rate described in subsection (c); or (2) entry of an 13 enforceable, final, and non-appealable order by a court of 14 competent jurisdiction that Public Act 89-448 is invalid. 15 Payments by a qualified solid waste energy facility into the 16 Municipal Economic Development Fund do not relieve the 17 qualified solid waste energy facility of its obligation to 18 reimburse the Public Utility Fund and the General Revenue 19 Fund for the actual reduction in payments to those Funds as a 20 result of credits received by electric utilities under 21 subsection (d). 22 A qualified solid waste energy facility that fails to 23 timely file the requisite form and payment as required by 24 this subsection (i) shall be subject to penalties and 25 interest in conformance with the provisions of the Illinois 26 Uniform Penalty and Interest Act. 27 Every qualified solid waste energy facility subject to 28 the provisions of this subsection (i) shall keep and maintain 29 records and books of its sales pursuant to subsection (c), 30 including payments received from those sales and the 31 corresponding tax payments made in accordance with this 32 subsection (i), and for purposes of enforcement of this 33 subsection (i) all such books and records shall be subject to 34 inspection by the Department of Revenue or its duly HB5557 Engrossed -283- LRB9212249LBpr 1 authorized agents or employees. 2 When a qualified solid waste energy facility fails to 3 file the form or make the payment required under this 4 subsection (i), the Department of Revenue, to the extent that 5 it is practical, may enforce the payment obligation in a 6 manner consistent with Section 5 of the Retailers' Occupation 7 Tax Act, and if necessary may impose and enforce a tax lien 8 in a manner consistent with Sections 5a, 5b, 5c, 5d, 5e, 5f, 9 5g, and 5i of the Retailers' Occupation Tax Act. No tax lien 10 may be imposed or enforced, however, unless a qualified solid 11 waste energy facility fails to make the payment required 12 under this subsection (i). Only to the extent necessary and 13 for the purpose of enforcing this subsection (i), the 14 Department of Revenue may secure necessary information from a 15 qualified solid waste energy facility in a manner consistent 16 with Section 10 of the Retailers' Occupation Tax Act. 17 All information received by the Department of Revenue in 18 its administration and enforcement of this subsection (i) 19 shall be confidential in a manner consistent with Section 11 20 of the Retailers' Occupation Tax Act. The Department of 21 Revenue may adopt rules to implement the provisions of this 22 subsection (i). 23 For purposes of implementing the maximum aggregate 24 distribution provisions in subsections (j) and (k), when a 25 qualified solid waste energy facility makes a late payment to 26 the Department of Revenue for deposit into the Municipal 27 Economic Development Fund, that payment and deposit shall be 28 attributed to the month and corresponding quarter in which 29 the payment should have been made, and the Treasurer shall 30 make retroactive distributions or refunds, as the case may 31 be, whenever such late payments so require. 32 (j) The State Treasurer, without appropriation, must 33 make distributions immediately after January 15, April 15, 34 July 15, and October 15 of each year, up to maximum aggregate HB5557 Engrossed -284- LRB9212249LBpr 1 distributions of $500,000 for the distributions made in the 4 2 quarters beginning with the April distribution and ending 3 with the January distribution, from the Municipal Economic 4 Development Fund to each city, village, or incorporated town 5 that has within its boundaries an incinerator that: (1) uses 6 or, on the effective date of Public Act 90-813, used 7 municipal waste as its primary fuel to generate electricity; 8 (2) was determined by the Illinois Commerce Commission to 9 qualify as a qualified solid waste energy facility prior to 10 the effective date of Public Act 89-448; and (3) commenced 11 operation prior to January 1, 1998. Total distributions in 12 the aggregate to all qualified cities, villages, and 13 incorporated towns in the 4 quarters beginning with the April 14 distribution and ending with the January distribution shall 15 not exceed $500,000. The amount of each distribution shall 16 be determined pro rata based on the population of the city, 17 village, or incorporated town compared to the total 18 population of all cities, villages, and incorporated towns 19 eligible to receive a distribution. Distributions received by 20 a city, village, or incorporated town must be held in a 21 separate account and may be used only to promote and enhance 22 industrial, commercial, residential, service, transportation, 23 and recreational activities and facilities within its 24 boundaries, thereby enhancing the employment opportunities, 25 public health and general welfare, and economic development 26 within the community, including administrative expenditures 27 exclusively to further these activities. These funds, 28 however, shall not be used by the city, village, or 29 incorporated town, directly or indirectly, to purchase, 30 lease, operate, or in any way subsidize the operation of any 31 incinerator, and these funds shall not be paid, directly or 32 indirectly, by the city, village, or incorporated town to the 33 owner, operator, lessee, shareholder, or bondholder of any 34 incinerator. Moreover, these funds shall not be used to pay HB5557 Engrossed -285- LRB9212249LBpr 1 attorneys fees in any litigation relating to the validity of 2 Public Act 89-448. Nothing in this Section prevents a city, 3 village, or incorporated town from using other corporate 4 funds for any legitimate purpose. For purposes of this 5 subsection, the term "municipal waste" has the meaning 6 ascribed to it in Section 3.2903.21of the Environmental 7 Protection Act. 8 (k) If maximum aggregate distributions of $500,000 under 9 subsection (j) have been made after the January distribution 10 from the Municipal Economic Development Fund, then the 11 balance in the Fund shall be refunded to the qualified solid 12 waste energy facilities that made payments that were 13 deposited into the Fund during the previous 12-month period. 14 The refunds shall be prorated based upon the facility's 15 payments in relation to total payments for that 12-month 16 period. 17 (l) Beginning January 1, 2000, and each January 1 18 thereafter, each city, village, or incorporated town that 19 received distributions from the Municipal Economic 20 Development Fund, continued to hold any of those 21 distributions, or made expenditures from those distributions 22 during the immediately preceding year shall submit to a 23 financial and compliance and program audit of those 24 distributions performed by the Auditor General at no cost to 25 the city, village, or incorporated town that received the 26 distributions. The audit should be completed by June 30 or 27 as soon thereafter as possible. The audit shall be submitted 28 to the State Treasurer and those officers enumerated in 29 Section 3-14 of the Illinois State Auditing Act. If the 30 Auditor General finds that distributions have been expended 31 in violation of this Section, the Auditor General shall refer 32 the matter to the Attorney General. The Attorney General may 33 recover, in a civil action, 3 times the amount of any 34 distributions illegally expended. For purposes of this HB5557 Engrossed -286- LRB9212249LBpr 1 subsection, the terms "financial audit," "compliance audit", 2 and "program audit" have the meanings ascribed to them in 3 Sections 1-13 and 1-15 of the Illinois State Auditing Act. 4 (Source: P.A. 91-901, eff. 1-1-01; 92-435, eff. 8-17-01.) 5 Section 45. The Hazardous Waste Crane and Hoisting 6 Equipment Operators Licensing Act is amended by changing 7 Section 3 as follows: 8 (225 ILCS 220/3) (from Ch. 111, par. 7703) 9 Sec. 3. For the purposes of this Act, unless the context 10 otherwise requires: 11 (a) "Agency" means the Environmental Protection Agency. 12 (b) "Crane" means any hoisting equipment that lifts and 13 rotates or moves a load horizontally or vertically, 14 including: hydraulic back hoes, hydraulic cranes, friction 15 cranes, derricks, jib hoists, gantry, bridge cranes, floating 16 cranes of any type and air-borne hoisting equipment. 17 (c) "Hoist" includes, but is not limited to, a material 18 hoist (construction elevator), air tugger (one drum), 19 multi-drum hoist, overhead hoist, sideboom, A-Frame boom 20 truck or behind the cab truck mounted boom. 21 (d) "Director" means the Director of the Environmental 22 Protection Agency. 23 (e) "Hazardous waste" means a hazardous waste as defined 24 in Section 3.2203.15of the Environmental Protection Act, 25 except asbestos. 26 (f) "Facility" means a pollution control facility as 27 defined in Section 3.3303.32of the Environmental Protection 28 Act, or a site undergoing cleanup pursuant to either the 29 federal Comprehensive Environmental Response, Compensation 30 and Liability Act of 1980, as amended, or Section 22.2 of the 31 Illinois Environmental Protection Act. 32 (Source: P.A. 88-681, eff. 12-22-94.) HB5557 Engrossed -287- LRB9212249LBpr 1 Section 50. The Hazardous Waste Laborers Licensing Act 2 is amended by changing Section 3 as follows: 3 (225 ILCS 221/3) (from Ch. 111, par. 7803) 4 Sec. 3. For the purposes of this Act, unless the context 5 otherwise requires: 6 (a) "Agency" means the Environmental Protection Agency. 7 (b) "Director" means the Director of the Environmental 8 Protection Agency. 9 (c) "Laborer" means a person who (1) erects, moves, 10 services and dismantles scaffolds and barricades at a 11 facility; (2) constructs, erects, removes and dismantles 12 enclosures, chambers or decontamination units required for 13 the removal or containment of hazardous waste at a facility; 14 (3) labels, bags, cartons or otherwise packages hazardous 15 waste for disposal; and (4) cleans up the work site and 16 performs other work incidental to the removal, abatement or 17 encapsulation of hazardous waste. 18 (d) "Hazardous waste" means a hazardous waste as defined 19 in Section 3.2203.15of the Environmental Protection Act, 20 except asbestos. 21 (e) "Facility" means a pollution control facility as 22 defined in Section 3.3303.32of the Environmental Protection 23 Act, or a site undergoing cleanup pursuant to either the 24 federal Comprehensive Environmental Response, Compensation 25 and Liability Act of 1980, as amended, or Section 22.2 of the 26 Illinois Environmental Protection Act. 27 (Source: P.A. 88-681, eff. 12-22-94.) 28 Section 55. The Environmental Toxicology Act is amended 29 by changing Section 3 as follows: 30 (415 ILCS 75/3) (from Ch. 111 1/2, par. 983) 31 Sec. 3. Definitions. As used in this Act, unless the HB5557 Engrossed -288- LRB9212249LBpr 1 context otherwise requires; 2 (a) "Department" means the Illinois Department of Public 3 Health; 4 (b) "Director" means the Director of the Illinois 5 Department of Public Health; 6 (c) "Program" means the Environmental Toxicology program 7 as established by this Act; 8 (d) "Exposure" means contact with a hazardous substance; 9 (e) "Hazardous Substance" means chemical compounds, 10 elements, or combinations of chemicals which, because of 11 quantity concentration, physical characteristics or 12 toxicological characteristics may pose a substantial present 13 or potential hazard to human health and includes, but is not 14 limited to, any substance defined as a hazardous substance in 15 Section 3.215 of3 ofthe "Environmental Protection Act", 16 approved June 29, 1970, as amended; 17 (f) "Initial Assessment" means a review and evaluation 18 of site history and hazardous substances involved, potential 19 for population exposure, the nature of any health related 20 complaints and any known patterns in disease occurrence; 21 (g) "Comprehensive Health Study" means a detailed 22 analysis which may include: a review of available 23 environmental, morbidity and mortality data; environmental 24 and biological sampling; detailed review of scientific 25 literature; exposure analysis; population surveys; or any 26 other scientific or epidemiologic methods deemed necessary to 27 adequately evaluate the health status of the population at 28 risk and any potential relationship to environmental factors; 29 (h) "Superfund Site" means any hazardous waste site 30 designated for cleanup on the National Priorities List as 31 mandated by the Comprehensive Environmental Response, 32 Compensation, and Liability Act of 1980 (P.L. 96-510), as 33 amended; 34 (i) "State Remedial Action Priority List" means a list HB5557 Engrossed -289- LRB9212249LBpr 1 compiled by the Illinois Environmental Protection Agency 2 which identifies sites that appear to present significant 3 risk to the public health, welfare or environment. 4 (Source: P.A. 84-987.) 5 Section 60. The Toxic Pollution Prevention Act is 6 amended by changing Section 3 as follows: 7 (415 ILCS 85/3) (from Ch. 111 1/2, par. 7953) 8 Sec. 3. Definitions. As used in this Act: 9 "Agency" means the Illinois Environmental Protection 10 Agency. 11 "Center" means the Waste Management and Research Center. 12 "Person" means any individual, partnership, 13 co-partnership, firm, company, corporation, association, 14 joint stock company, trust, political subdivision, State 15 agency, or any other legal entity, or its legal 16 representative, agent or assigns. 17 "Release" means emission to the air, discharge to surface 18 waters or off-site wastewater treatment facilities, or 19 on-site release to the land, including but not limited to 20 landfills, surface impoundments and injection wells. 21 "Toxic substance" means any substance listed by the 22 Agency pursuant to Section 4 of this Act. 23 "Toxic pollution prevention" means in-plant practices 24 that reduce, avoid or eliminate: (i) the use of toxic 25 substances, (ii) the generation of toxic constituents in 26 wastes, (iii) the disposal or release of toxic substances 27 into the environment, or (iv) the development or manufacture 28 of products with toxic constituents, through the application 29 of any of the following techniques: 30 (1) input substitution, which refers to replacing a 31 toxic substance or raw material used in a production 32 process with a nontoxic or less toxic substance; HB5557 Engrossed -290- LRB9212249LBpr 1 (2) product reformulation, which refers to 2 substituting for an existing end product an end product 3 which is nontoxic or less toxic upon use, release or 4 disposal; 5 (3) production process redesign or modification, 6 which refers to developing and using production processes 7 of a different design than those currently used; 8 (4) production process modernization, which refers 9 to upgrading or replacing existing production process 10 equipment or methods with other equipment or methods 11 based on the same production process; 12 (5) improved operation and maintenance of existing 13 production process equipment and methods, which refers to 14 modifying or adding to existing equipment or methods, 15 including but not limited to such techniques as improved 16 housekeeping practices, system adjustments, product and 17 process inspections, and production process control 18 equipment or methods; 19 (6) recycling, reuse or extended use of toxic 20 substances by using equipment or methods which become an 21 integral part of the production process, including but 22 not limited to filtration and other closed loop methods. 23 However, "toxic pollution prevention" shall not include 24 or in any way be inferred to promote or require incineration, 25 transfer from one medium of release to another, off-site or 26 out of process waste recycling, or end of pipe treatment of 27 toxic substances. 28 "Trade secret" means any information concerning 29 production processes employed or substances manufactured, 30 processed or otherwise used within a facility which the 31 Agency determines to satisfy the criteria established under 32 Section 3.4903.48of the Environmental Protection Act, and 33 to which specific trade secret status has been granted by the 34 Agency. HB5557 Engrossed -291- LRB9212249LBpr 1 (Source: P.A. 90-490, eff. 8-17-97.) 2 Section 65. The Litter Control Act is amended by 3 changing Sections 3 and 4 as follows 4 (415 ILCS 105/3) (from Ch. 38, par. 86-3) 5 Sec. 3. As used in this Act, unless the context 6 otherwise requires: 7 (a) "Litter" means any discarded, used or unconsumed 8 substance or waste. "Litter" may include, but is not limited 9 to, any garbage, trash, refuse, debris, rubbish, grass 10 clippings or other lawn or garden waste, newspaper, 11 magazines, glass, metal, plastic or paper containers or other 12 packaging construction material, abandoned vehicle (as 13 defined in the Illinois Vehicle Code), motor vehicle parts, 14 furniture, oil, carcass of a dead animal, any nauseous or 15 offensive matter of any kind, any object likely to injure any 16 person or create a traffic hazard, potentially infectious 17 medical waste as defined in Section 3.3603.84of the 18 Environmental Protection Act, or anything else of an 19 unsightly or unsanitary nature, which has been discarded, 20 abandoned or otherwise disposed of improperly. 21 (b) "Motor vehicle" has the meaning ascribed to that 22 term in Section 1-146 of the Illinois Vehicle Code. 23 (c) "Person" means any individual, partnership, 24 copartnership, firm, company, corporation, association, joint 25 stock company, trust, estate, or any other legal entity, or 26 their legal representative, agent or assigns. 27 (Source: P.A. 90-89, eff. 1-1-98.) 28 (415 ILCS 105/4) (from Ch. 38, par. 86-4) 29 Sec. 4. No person shall dump, deposit, drop, throw, 30 discard, leave, cause or permit the dumping, depositing, 31 dropping, throwing, discarding or leaving of litter upon any HB5557 Engrossed -292- LRB9212249LBpr 1 public or private property in this State, or upon or into any 2 river, lake, pond, or other stream or body of water in this 3 State, unless: 4 (a) the property has been designated by the State or any 5 of its agencies, political subdivisions, units of local 6 government or school districts for the disposal of litter, 7 and the litter is disposed of on that property in accordance 8 with the applicable rules and regulations of the Pollution 9 Control Board; 10 (b) the litter is placed into a receptacle or other 11 container intended by the owner or tenant in lawful 12 possession of that property for the deposit of litter; 13 (c) the person is the owner or tenant in lawful 14 possession of the property or has first obtained the consent 15 of the owner or tenant in lawful possession, or unless the 16 act is done under the personal direction of the owner or 17 tenant and does not create a public health or safety hazard, 18 a public nuisance, or a fire hazard; 19 (d) the person is acting under the direction of proper 20 public officials during special cleanup days; or 21 (e) the person is lawfully acting in or reacting to an 22 emergency situation where health and safety is threatened, 23 and removes and properly disposes of such litter, including, 24 but not limited to, potentially infectious medical waste as 25 defined in Section 3.3603.84of the Environmental Protection 26 Act, when the emergency situation no longer exists. 27 (Source: P.A. 88-415; 88-670, eff. 12-2-94.) 28 Section 70. The Illinois Vehicle Code is amended by 29 changing Sections 11-1413 and 12-606 as follows: 30 (625 ILCS 5/11-1413) (from Ch. 95 1/2, par. 11-1413) 31 Sec. 11-1413. Depositing material on highway prohibited. 32 (a) No person shall throw, spill or deposit upon any HB5557 Engrossed -293- LRB9212249LBpr 1 highway any bottle, glass, nails, tacks, wire, cans, or any 2 litter (as defined in Section 3 of the Litter Control Act). 3 (b) Any person who violates subsection (a) upon any 4 highway shall immediately remove such material or cause it to 5 be removed. 6 (c) Any person removing a wrecked or damaged vehicle 7 from a highway shall remove any glass or other debris, except 8 any hazardous substance as defined in Section 3.2153.14of 9 the Environmental Protection Act, hazardous waste as defined 10 in Section 3.2203.15of the Environmental Protection Act, 11 and potentially infectious medical waste as defined in 12 Section 3.3603.84of the Environmental Protection Act, 13 dropped upon the highway from such vehicle. 14 (Source: P.A. 87-190; 88-415; 88-670, eff. 12-2-94.) 15 (625 ILCS 5/12-606) (from Ch. 95 1/2, par. 12-606) 16 Sec. 12-606. Tow-trucks; identification; equipment; 17 insurance. 18 (a) Every tow-truck, except those owned by governmental 19 agencies, shall have displayed on each side thereof, a sign 20 with letters not less than 2 inches in height, contrasting in 21 color to that of the background, stating the full legal name, 22 complete address (including street address and city), and 23 telephone number of the owner or operator thereof. This 24 information shall be permanently affixed to the sides of the 25 tow truck. 26 (b) Every tow-truck shall be equipped with: 27 (1) One or more brooms and shovels; 28 (2) One or more trash cans of at least 5 gallon 29 capacity; and 30 (3) One fire extinguisher. This extinguisher shall 31 be either: 32 (i) of the dry chemical or carbon dioxide type 33 with an aggregate rating of at least 4-B, C units, HB5557 Engrossed -294- LRB9212249LBpr 1 and bearing the approval of a laboratory qualified 2 by the Division of Fire Prevention for this purpose; 3 or 4 (ii) One that meets the requirements of the 5 Federal Motor Carrier Safety Regulations of the 6 United States Department of Transportation for fire 7 extinguishers on commercial motor vehicles. 8 (c) Every owner or operator and driver of a tow-truck 9 shall comply with Section 11-1413 of this Act and shall 10 remove or cause to be removed all glass and debris, except 11 any (i) hazardous substance as defined in Section 3.2153.1412 of the Environmental Protection Act, (ii) hazardous waste as 13 defined in Section 3.2203.15of the Environmental Protection 14 Act, and (iii) medical samples or waste, including but not 15 limited to any blood samples, used syringes, other used 16 medical supplies, or any other potentially infectious medical 17 waste as defined in Section 3.3603.84of the Environmental 18 Protection Act, deposited upon any street or highway by the 19 disabled vehicle being serviced, and shall in addition, 20 spread dirt or sand or oil absorbent upon that portion of any 21 street or highway where oil or grease has been deposited by 22 the disabled vehicle being serviced. 23 (d) Every tow-truck operator shall in addition file an 24 indemnity bond, insurance policy, or other proof of insurance 25 in a form to be prescribed by the Secretary for: 26 garagekeepers liability insurance, in an amount no less than 27 a combined single limit of $500,000, and truck (auto) 28 liability insurance in an amount no less than a combined 29 single limit of $500,000, on hook coverage or garagekeepers 30 coverage in an amount of no less than $25,000 which shall 31 indemnify or insure the tow-truck operator for the following: 32 (1) Bodily injury or damage to the property of 33 others. 34 (2) Damage to any vehicle towed by the tower. HB5557 Engrossed -295- LRB9212249LBpr 1 (3) In case of theft, loss of, or damage to any 2 vehicle stored, garagekeepers legal liability coverage in 3 an amount of no less than $25,000. 4 (4) In case of injury to or occupational illness of 5 the tow truck driver or helper, workers compensation 6 insurance meeting the minimum requirements of the 7 Workers' Compensation Act. 8 Any such bond or policy shall be issued only by a bonding 9 or insuring firm authorized to do business as such in the 10 State of Illinois, and a certificate of such bond or policy 11 shall be carried in the cab of each tow-truck. 12 (e) The bond or policy required in subsection (d) shall 13 provide that the insurance carrier may cancel it by serving 14 previous notice, as required by Sections 143.14 and 143.16 of 15 the Illinois Insurance Code, in writing, either personally or 16 by registered mail, upon the owner or operator of the motor 17 vehicle and upon the Secretary of State. Whenever any such 18 bond or policy shall be so cancelled, the Secretary of State 19 shall mark the policy "Cancelled" and shall require such 20 owner or operator either to furnish a new bond or policy, in 21 accordance with this Act. 22 (Source: P.A. 88-415; 88-670, eff. 12-2-94; 89-433, eff. 23 12-15-95.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.