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Sen. David Koehler
Filed: 5/15/2018
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| 1 | | AMENDMENT TO HOUSE BILL 3342
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| 2 | | AMENDMENT NO. ______. Amend House Bill 3342 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Environmental Protection Act is amended by |
| 5 | | changing Sections 21.1, 22.51, 22.51a, 30, 31, 31.1, 39, and 42 |
| 6 | | and by adding Section 58.19 as follows:
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| 7 | | (415 ILCS 5/21.1) (from Ch. 111 1/2, par. 1021.1)
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| 8 | | Sec. 21.1.
(a) Except as provided in subsection (a.5), no |
| 9 | | person other
than the State of Illinois, its agencies and |
| 10 | | institutions, or a unit of local
government shall own or |
| 11 | | operate a MSWLF unit or other waste disposal operation on or |
| 12 | | after March 1,
1985, which requires a permit under subsection |
| 13 | | (d) of Section 21 of this Act,
unless such person has posted |
| 14 | | with the Agency a performance bond or other
security for the |
| 15 | | purpose of insuring closure of the site and post-closure care
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| 16 | | in accordance with this Act and regulations adopted thereunder.
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| 1 | | (a.5) On and after the effective date established by the |
| 2 | | United
States Environmental Protection Agency for MSWLF units |
| 3 | | to provide financial
assurance under Subtitle D of the Resource |
| 4 | | Conservation and Recovery Act, no
person, other than
the State |
| 5 | | of
Illinois, its agencies and institutions, shall own or |
| 6 | | operate a MSWLF unit that requires a permit under subsection |
| 7 | | (d) of Section 21 of
this Act, unless that person has posted |
| 8 | | with the Agency a performance bond or
other security for the |
| 9 | | purposes of:
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| 10 | | (1) insuring closure of the site and post-closure care |
| 11 | | in accordance with
this Act and its rules; and
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| 12 | | (2) insuring completion of a corrective action remedy |
| 13 | | when required by
Board rules adopted under Section 22.40 of |
| 14 | | this Act or when required by
Section 22.41 of this Act.
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| 15 | | The performance bond or other security requirement set |
| 16 | | forth in this
Section
may be fulfilled by closure or |
| 17 | | post-closure insurance, or both, issued by an
insurer
licensed |
| 18 | | to transact the business of insurance by the Department of |
| 19 | | Insurance
or at a minimum the insurer must be licensed to |
| 20 | | transact the business of
insurance or approved to provide |
| 21 | | insurance as an excess or surplus lines
insurer by the |
| 22 | | insurance department in one or more states.
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| 23 | | (b) On or before January 1, 1985, the Board shall adopt |
| 24 | | regulations to
promote the purposes of this Section. Without |
| 25 | | limiting the generality of
this authority, such regulations |
| 26 | | may, among other things, prescribe the
type and amount of the |
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| 1 | | performance bonds or other securities required under
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| 2 | | subsections (a) and (a.5) of this Section, and the conditions |
| 3 | | under which the
State is entitled to collect monies from such |
| 4 | | performance bonds or other
securities. The bond amount shall be |
| 5 | | directly related to the design and volume
of the site. The cost |
| 6 | | estimate for the post-closure care of a MSWLF unit shall
be |
| 7 | | calculated using a 30 year post-closure care period or such |
| 8 | | other period as
may be approved by the Agency under Board or |
| 9 | | federal rules. On and after the
effective date established by |
| 10 | | the United States Environmental Protection Agency
for MSWLF |
| 11 | | units to provide financial assurance under Subtitle D of the |
| 12 | | Resource
Conservation and Recovery Act, closure,
post-closure |
| 13 | | care, and corrective action cost estimates for MSWLF units |
| 14 | | shall
be in current dollars.
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| 15 | | (c) There is hereby created within the State Treasury a |
| 16 | | special fund to
be known as the "Landfill Closure and |
| 17 | | Post-Closure Fund". Any monies forfeited
to the State of |
| 18 | | Illinois from any performance bond or other security required
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| 19 | | under this Section or under Section 22.51 shall be placed in |
| 20 | | the "Landfill Closure and Post-Closure
Fund" and shall, upon |
| 21 | | approval by the Governor and the Director, be used
by and under |
| 22 | | the direction of the Agency for the purposes for which such
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| 23 | | performance bond or other security was issued. The Landfill |
| 24 | | Closure and
Post-Closure Fund is not subject to the provisions |
| 25 | | of subsection (c) of Section
5 of the State Finance Act.
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| 26 | | (d) The Agency is authorized to enter into such contracts |
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| 1 | | and agreements
as it may deem necessary to carry out the |
| 2 | | purposes of this Section. Neither
the State, nor the Director, |
| 3 | | nor any State employee shall be liable for
any damages or |
| 4 | | injuries arising out of or resulting from any action taken
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| 5 | | under this Section.
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| 6 | | (e) The Agency shall have the authority to approve or |
| 7 | | disapprove any
performance bond or other security posted |
| 8 | | pursuant to subsection (a) or
(a.5) of
this Section. Any person |
| 9 | | whose performance bond or other security is
disapproved by the |
| 10 | | Agency may contest the disapproval as a permit denial
appeal |
| 11 | | pursuant to Section 40 of this Act.
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| 12 | | (f) The Agency may establish such procedures as it may deem |
| 13 | | necessary
for the purpose of implementing and executing its |
| 14 | | responsibilities under this
Section.
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| 15 | | (g) Nothing in this Section shall bar a cause of action by |
| 16 | | the State for
any other penalty or relief provided by this Act |
| 17 | | or any other law.
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| 18 | | (Source: P.A. 97-887, eff. 8-2-12.)
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| 19 | | (415 ILCS 5/22.51)
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| 20 | | Sec. 22.51. Clean Construction or Demolition Debris Fill |
| 21 | | Operations. |
| 22 | | (a) As used in this Section: |
| 23 | | "Clean construction or demolition debris" has the |
| 24 | | meaning provided in Section 3.160 of this Act. |
| 25 | | "Clean construction or demolition debris fill |
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| 1 | | operation" means a current or former quarry, mine, or other |
| 2 | | excavation where clean construction or demolition debris |
| 3 | | is used as fill material. |
| 4 | | "Operator" means a person responsible for the |
| 5 | | operation and maintenance of a clean construction or |
| 6 | | demolition debris fill operation. |
| 7 | | "Owner" means a person who has any direct or indirect |
| 8 | | interest in a clean construction or demolition debris fill |
| 9 | | operation or in land on which a person operates and |
| 10 | | maintains a clean construction or demolition debris fill |
| 11 | | operation. A "direct or indirect interest" does not include |
| 12 | | the ownership of publicly traded stock. The "owner" is the |
| 13 | | "operator" if there is no other person who is operating and |
| 14 | | maintaining a clean construction or demolition debris fill |
| 15 | | operation. |
| 16 | | "Uncontaminated soil" has the meaning provided in |
| 17 | | Section 3.160 of this Act. |
| 18 | | (a-5) No person shall: |
| 19 | | (1) conduct any clean construction or demolition |
| 20 | | debris fill operation in violation of this Act or any |
| 21 | | regulations or standards adopted by the Board; |
| 22 | | (2) use soil other than uncontaminated soil as fill |
| 23 | | material at a clean construction or demolition debris fill |
| 24 | | operation; |
| 25 | | (3) use construction or demolition debris other than |
| 26 | | clean construction or demolition debris as fill material at |
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| 1 | | a clean construction or demolition debris fill operation; |
| 2 | | or |
| 3 | | (4) locate any clean construction or demolition debris |
| 4 | | fill operation within the setback zone of a potable water |
| 5 | | supply well. |
| 6 | | (b) (Blank). (1)(A) Beginning August 18, 2005 but prior to |
| 7 | | July 1, 2008, no person shall use clean construction or |
| 8 | | demolition debris as fill material in a current or former |
| 9 | | quarry, mine, or other excavation, unless they have applied for |
| 10 | | an interim authorization from the Agency for the clean |
| 11 | | construction or demolition debris fill operation. |
| 12 | | (B) The Agency shall approve an interim authorization upon |
| 13 | | its receipt of a written application for the interim |
| 14 | | authorization that is signed by the site owner and the site |
| 15 | | operator, or their duly authorized agent, and that contains the |
| 16 | | following information: (i) the location of the site where the |
| 17 | | clean construction or demolition debris fill operation is |
| 18 | | taking place, (ii) the name and address of the site owner, |
| 19 | | (iii) the name and address of the site operator, and (iv) the |
| 20 | | types and amounts of clean construction or demolition debris |
| 21 | | being used as fill material at the site. |
| 22 | | (C) The Agency may deny an interim authorization if the |
| 23 | | site owner or the site operator, or their duly authorized |
| 24 | | agent, fails to provide to the Agency the information listed in |
| 25 | | subsection (b)(1)(B) of
this Section. Any denial of an interim |
| 26 | | authorization shall be subject to appeal to the Board in |
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| 1 | | accordance with the procedures of Section 40 of this Act. |
| 2 | | (D) No person shall use clean construction or demolition |
| 3 | | debris as fill material in a current or former quarry, mine, or |
| 4 | | other excavation for which the Agency has denied interim |
| 5 | | authorization under subsection (b)(1)(C) of this Section. The |
| 6 | | Board may stay the prohibition of this subsection (D) during |
| 7 | | the pendency of an appeal of the Agency's denial of the interim |
| 8 | | authorization brought under subsection (b)(1)(C) of this |
| 9 | | Section. |
| 10 | | (2) Beginning September 1, 2006, owners and
operators of |
| 11 | | clean construction or demolition debris fill operations shall, |
| 12 | | in accordance with a schedule prescribed by the Agency, submit |
| 13 | | to the Agency applications for the
permits required under this |
| 14 | | Section. The Agency shall notify owners and operators in |
| 15 | | writing of the due date for their permit application. The due |
| 16 | | date shall be no less than 90 days after the date of the |
| 17 | | Agency's written notification. Owners and operators who do not |
| 18 | | receive a written notification from the Agency by October 1, |
| 19 | | 2007, shall submit a permit application to the Agency by |
| 20 | | January 1, 2008. The interim authorization of owners and |
| 21 | | operators who fail to submit a permit application to the Agency |
| 22 | | by the permit application's due date shall terminate on (i) the |
| 23 | | due
date established by the Agency if the owner or operator |
| 24 | | received a written notification from the Agency prior to
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| 25 | | October 1, 2007, or (ii) or January 1, 2008, if the owner or |
| 26 | | operator did not receive a written notification from the Agency |
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| 1 | | by October 1, 2007. |
| 2 | | (b-5) No (3) On and after July 1, 2008, no person shall use |
| 3 | | clean construction or demolition debris as fill material in a |
| 4 | | current or former quarry, mine, or other excavation (i) without |
| 5 | | a permit granted by the Agency for the clean construction or |
| 6 | | demolition debris fill operation or in violation of any |
| 7 | | conditions imposed by such permit, including periodic reports |
| 8 | | and full access to adequate records and the inspection of |
| 9 | | facilities, as may be necessary to assure compliance with this |
| 10 | | Act and with Board regulations and standards adopted under this |
| 11 | | Act or (ii) in violation of any regulations or standards |
| 12 | | adopted by the Board under this Act. |
| 13 | | (4) This subsection (b) does not apply to: |
| 14 | | (A) the use of clean construction or demolition debris |
| 15 | | as fill material in a current or former quarry, mine, or |
| 16 | | other excavation located on the site where the clean |
| 17 | | construction or demolition debris was generated; |
| 18 | | (B) the use of clean construction or demolition debris |
| 19 | | as fill material in an excavation other than a current or |
| 20 | | former quarry or mine if this use complies with Illinois |
| 21 | | Department of Transportation specifications; or
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| 22 | | (C) current or former quarries, mines, and other |
| 23 | | excavations that do not use clean construction or |
| 24 | | demolition debris as fill material.
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| 25 | | (c) In accordance with Title VII of this Act, the Board may |
| 26 | | adopt regulations to promote the purposes of this Section. The |
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| 1 | | Agency shall consult with the mining and construction |
| 2 | | industries during the development of any regulations to promote |
| 3 | | the purposes of this Section. |
| 4 | | (c-5) (1) No later than December 15, 2005, the Agency shall |
| 5 | | propose to the Board, and no later than September 1, 2006, the |
| 6 | | Board shall adopt, regulations for the use of clean |
| 7 | | construction or demolition debris as fill material in current |
| 8 | | and former quarries, mines, and other excavations. Such |
| 9 | | regulations shall include, but shall not be limited to, |
| 10 | | standards for clean construction or demolition debris fill |
| 11 | | operations and the submission and review of permits required |
| 12 | | under this Section. |
| 13 | | (2) Until the Board adopts rules under subsection |
| 14 | | (c)(1) of this Section, all persons using clean |
| 15 | | construction or
demolition debris as fill material in a |
| 16 | | current or former quarry, mine, or other excavation shall: |
| 17 | | (A) Assure that only clean construction or |
| 18 | | demolition debris is being used as fill material by |
| 19 | | screening each truckload of material received using a |
| 20 | | device approved by the Agency that detects volatile |
| 21 | | organic compounds. Such devices may include, but are |
| 22 | | not limited to, photo ionization detectors. All |
| 23 | | screening devices shall be operated and maintained in |
| 24 | | accordance with manufacturer's specifications. |
| 25 | | Unacceptable fill material shall be rejected from the |
| 26 | | site; and |
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| 1 | | (B) Retain for a minimum of 3 years the following |
| 2 | | information: |
| 3 | | (i) The name of the hauler, the name of the |
| 4 | | generator, and place of origin of the debris or |
| 5 | | soil; |
| 6 | | (ii) The approximate weight or volume of the |
| 7 | | debris or soil; and |
| 8 | | (iii) The date the debris or soil was received. |
| 9 | | (d) This Section applies only to clean construction or |
| 10 | | demolition debris that is not considered "waste" as provided in |
| 11 | | Section 3.160 of this Act. |
| 12 | | (e) (Blank). For purposes of this Section: |
| 13 | | (1) The term "operator" means a person responsible for |
| 14 | | the operation and maintenance of a clean construction or |
| 15 | | demolition debris fill operation. |
| 16 | | (2) The term "owner" means a person who has any direct |
| 17 | | or indirect interest in a clean construction or demolition |
| 18 | | debris fill operation or in land on which a person operates |
| 19 | | and maintains a clean construction or demolition debris |
| 20 | | fill operation. A "direct or indirect interest" does not |
| 21 | | include the ownership of publicly traded stock. The "owner" |
| 22 | | is the "operator" if there is no other person who is |
| 23 | | operating and maintaining a clean construction or |
| 24 | | demolition debris fill operation.
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| 25 | | (3) The term "clean construction or demolition debris |
| 26 | | fill operation" means a current or former quarry, mine, or |
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| 1 | | other excavation where clean construction or demolition |
| 2 | | debris is used as fill material. |
| 3 | | (4) The term "uncontaminated soil" shall have the same |
| 4 | | meaning as uncontaminated soil under Section 3.160 of this |
| 5 | | Act. |
| 6 | | (f)(1) No later than one year after July 30, 2010 (the |
| 7 | | effective date of Public Act 96-1416) this amendatory Act of |
| 8 | | the 96th General Assembly, the Agency shall propose to the |
| 9 | | Board, and, no later than one year after the Board's receipt of |
| 10 | | the Agency's proposal, the Board shall adopt, rules for the use |
| 11 | | of clean construction or demolition debris and uncontaminated |
| 12 | | soil as fill material at clean construction or demolition |
| 13 | | debris fill operations. The rules must include standards and |
| 14 | | procedures necessary to protect groundwater, which may |
| 15 | | include, but shall not be limited to, the following: |
| 16 | | requirements regarding testing and certification of soil used |
| 17 | | as fill material, surface water runoff, liners or other |
| 18 | | protective barriers, monitoring (including, but not limited |
| 19 | | to, groundwater monitoring), corrective action, recordkeeping, |
| 20 | | reporting, closure and post-closure care, financial assurance, |
| 21 | | post-closure land use controls, location standards, and the |
| 22 | | modification of existing permits to conform to the requirements |
| 23 | | of this Act and Board rules. The rules may also include limits |
| 24 | | on the use of recyclable concrete and asphalt as fill material |
| 25 | | at clean construction or demolition debris fill operations, |
| 26 | | taking into account factors such as technical feasibility, |
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| 1 | | economic reasonableness, and the availability of markets for |
| 2 | | such materials. |
| 3 | | (2) (Blank). Until the effective date of the Board rules |
| 4 | | adopted under subdivision (f)(1) of this Section, and in |
| 5 | | addition to any other requirements, owners and operators of |
| 6 | | clean construction or demolition debris fill operations must do |
| 7 | | all of the following in subdivisions (f)(2)(A) through |
| 8 | | (f)(2)(D) of this Section for all clean construction or |
| 9 | | demolition debris and uncontaminated soil accepted for use as |
| 10 | | fill material. The requirements in subdivisions (f)(2)(A) |
| 11 | | through (f)(2)(D) of this Section shall not limit any rules |
| 12 | | adopted by the Board. |
| 13 | | (A) Document the following information for each load of |
| 14 | | clean construction or demolition debris or uncontaminated |
| 15 | | soil received: (i) the name of the hauler, the address of |
| 16 | | the site of origin, and the owner and the operator of the |
| 17 | | site of origin of the clean construction or demolition |
| 18 | | debris or uncontaminated soil, (ii) the weight or volume of |
| 19 | | the clean construction or demolition debris or |
| 20 | | uncontaminated soil, and (iii) the date the clean |
| 21 | | construction or demolition debris or uncontaminated soil |
| 22 | | was received. |
| 23 | | (B) For all soil, obtain either (i) a certification |
| 24 | | from the owner or operator of the site from which the soil |
| 25 | | was removed that the site has never been used for |
| 26 | | commercial or industrial purposes and is presumed to be |
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| 1 | | uncontaminated soil or (ii) a certification from a licensed |
| 2 | | Professional Engineer or licensed Professional Geologist |
| 3 | | that the soil is uncontaminated soil. Certifications |
| 4 | | required under this subdivision (f)(2)(B) must be on forms |
| 5 | | and in a format prescribed by the Agency. |
| 6 | | (C) Confirm that the clean construction or demolition |
| 7 | | debris or uncontaminated soil was not removed from a site |
| 8 | | as part of a cleanup or removal of contaminants, including, |
| 9 | | but not limited to, activities conducted under the |
| 10 | | Comprehensive Environmental Response, Compensation, and |
| 11 | | Liability Act of 1980, as amended; as part of a Closure or |
| 12 | | Corrective Action under the Resource Conservation and |
| 13 | | Recovery Act, as amended; or under an Agency remediation |
| 14 | | program, such as the Leaking Underground Storage Tank |
| 15 | | Program or Site Remediation Program, but excluding sites |
| 16 | | subject to Section 58.16 of this Act where there is no |
| 17 | | presence or likely presence of a release or a substantial |
| 18 | | threat of a release of a regulated substance at, on, or |
| 19 | | from the real property. |
| 20 | | (D) Document all activities required under subdivision |
| 21 | | (f)(2) of this Section. Documentation of any chemical |
| 22 | | analysis must include, but is not limited to, (i) a copy of |
| 23 | | the lab analysis, (ii) accreditation status of the |
| 24 | | laboratory performing the analysis, and (iii) |
| 25 | | certification by an authorized agent of the laboratory that |
| 26 | | the analysis has been performed in accordance with the |
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| 1 | | Agency's rules for the accreditation of environmental |
| 2 | | laboratories and the scope of accreditation. |
| 3 | | (3) (Blank). Owners and operators of clean construction or |
| 4 | | demolition debris fill operations must maintain all |
| 5 | | documentation required under subdivision (f)(2) of this |
| 6 | | Section for a minimum of 3 years following the receipt of each |
| 7 | | load of clean construction or demolition debris or |
| 8 | | uncontaminated soil, except that documentation relating to an |
| 9 | | appeal, litigation, or other disputed claim must be maintained |
| 10 | | until at least 3 years after the date of the final disposition |
| 11 | | of the appeal, litigation, or other disputed claim. Copies of |
| 12 | | the documentation must be made available to the Agency and to |
| 13 | | units of local government for inspection and copying during |
| 14 | | normal business hours. The Agency may prescribe forms and |
| 15 | | formats for the documentation required under subdivision |
| 16 | | (f)(2) of this Section. |
| 17 | | Chemical analysis conducted under subdivision (f)(2) of |
| 18 | | this Section must be conducted in accordance with the |
| 19 | | requirements of 35 Ill. Adm. Code 742, as amended, and "Test |
| 20 | | Methods for Evaluating Solid Waste, Physical/Chemical |
| 21 | | Methods", USEPA Publication No. SW-846, as amended. |
| 22 | | (g) (Blank). (1) No person shall use soil other than |
| 23 | | uncontaminated soil as fill material at a clean construction or |
| 24 | | demolition debris fill operation. |
| 25 | | (2) No person shall use construction or demolition debris |
| 26 | | other than clean construction or demolition debris as fill |
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| 1 | | material at a clean construction or demolition debris fill |
| 2 | | operation.
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| 3 | | (h) No later than January 1, 2019, the Agency shall propose |
| 4 | | to the Board for adoption, and, no later than one year after |
| 5 | | receipt of the Agency's proposal, the Board shall adopt rules |
| 6 | | to protect public health and the environment from any threats |
| 7 | | posed by clean construction or demolition debris fill |
| 8 | | operations. The rules adopted under this subsection shall |
| 9 | | include, but not be limited to, rules that establish enhanced |
| 10 | | pre-acceptance and post-acceptance sampling protocols for |
| 11 | | clean construction and demolition debris fill operations, as |
| 12 | | described in paragraphs (1) and (2) of this subsection, and |
| 13 | | rules that allow owners and operators to transfer a portion of |
| 14 | | a permitted clean construction or demolition debris fill |
| 15 | | operation site to another person before termination of the |
| 16 | | permit, as described in paragraph (3) of this subsection. The |
| 17 | | Agency shall also propose to the Board for adoption rules that |
| 18 | | establish the monitoring of NPDES permitted discharges from |
| 19 | | clean construction or demolition debris sites as described in |
| 20 | | paragraph (4) of this subsection. |
| 21 | | (1) The pre-acceptance sampling protocols adopted by |
| 22 | | the Board under this subsection shall include, but not be |
| 23 | | limited to, provisions requiring the owner or operator to |
| 24 | | obtain, for all soil accepted for use as fill at the clean |
| 25 | | construction or demolition debris fill operation, a |
| 26 | | certification from a professional engineer licensed under |
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| 1 | | the Professional Engineering Practice Act of 1989 or a |
| 2 | | licensed professional geologist licensed under the |
| 3 | | Professional Geologist Licensing Act that the soil is |
| 4 | | uncontaminated soil. The certification required under this |
| 5 | | subsection must be based on analytical testing of at least |
| 6 | | one representative soil sample for each volume of soil that |
| 7 | | the Board determines must be sampled in order to |
| 8 | | characterize the soil being accepted for use as fill. The |
| 9 | | Board may provide exemptions from pre-acceptance sampling |
| 10 | | protocols required under this subsection for small volumes |
| 11 | | of soil generated at a site upon which a residence is |
| 12 | | located, provided that there is no historical or current |
| 13 | | use of the site, or potential contaminant migration from a |
| 14 | | proximate site, that increases the presence or potential |
| 15 | | presence of contamination at the site. |
| 16 | | (2) The post-acceptance sampling protocols adopted by |
| 17 | | the Board under this subsection shall include, but not be |
| 18 | | limited to, provisions requiring the owner or operator to |
| 19 | | perform, for all soil accepted for use as fill, |
| 20 | | post-acceptance sampling in accordance with a plan |
| 21 | | approved by the Agency. At a minimum, the Agency-approved |
| 22 | | plan required under this subsection must provide for the |
| 23 | | analytical testing of at least one representative soil |
| 24 | | sample for each volume of soil that the Board determines |
| 25 | | must be sampled to characterize the soil being accepted for |
| 26 | | use as fill. If the analytical testing indicates that any |
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| 1 | | of the soil accepted for use as fill is not uncontaminated |
| 2 | | soil, the owner or operator shall conduct additional |
| 3 | | investigation and identify, remove, and properly dispose |
| 4 | | of all soil that is not uncontaminated soil. |
| 5 | | (3) The rules adopted by the Board under this |
| 6 | | subsection shall allow owners and operators to transfer a |
| 7 | | portion of a permitted clean construction or demolition |
| 8 | | debris fill operation site to another person before |
| 9 | | termination of the permit, and to have the transferred |
| 10 | | portion of the site removed from the permit prior to |
| 11 | | completion of closure and post-closure maintenance, |
| 12 | | provided that all of the following requirements have been |
| 13 | | satisfied: |
| 14 | | (A) The owner or operator files with the Agency: |
| 15 | | (i) an application to modify the fill |
| 16 | | operation permit to recognize a change in |
| 17 | | ownership of the transferred property before |
| 18 | | completion of closure and post-closure |
| 19 | | maintenance; |
| 20 | | (ii) documentation identifying the portion of |
| 21 | | the site being transferred; and |
| 22 | | (iii) a copy of the transferee's plans for the |
| 23 | | portion of the site being transferred that |
| 24 | | document how the site will be developed, |
| 25 | | including, but not limited to, plans demonstrating |
| 26 | | how the closure and post-closure requirements set |
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| 1 | | forth in Board rules will be satisfied. |
| 2 | | (B) The owner or operator provides the persons to |
| 3 | | whom the portion of the site will be transferred the |
| 4 | | results of site assessments conducted in accordance |
| 5 | | with Board rules. |
| 6 | | (C) The portion of the site being transferred is |
| 7 | | filled to within at least 3 feet of the final fill |
| 8 | | elevation that would otherwise be required under the |
| 9 | | closure and post-closure maintenance requirements in |
| 10 | | the permit. |
| 11 | | (D) If a portion of the site is to be sold, |
| 12 | | transferred, quitclaimed, or given to any municipal or |
| 13 | | government body, Phase I and II Environmental Site |
| 14 | | Assessments must be conducted by the parties at the |
| 15 | | expense of the site's owner. |
| 16 | | (E) The owner or operator posts with the Agency a |
| 17 | | performance bond for purposes of closure and |
| 18 | | post-closure maintenance of the portion of the site |
| 19 | | being transferred. The bond shall be directly related |
| 20 | | to the estimate of the costs for the Agency to |
| 21 | | remediate the transferred portion of the site to a |
| 22 | | condition consistent with the closure and post-closure |
| 23 | | maintenance requirements applicable to the site. The |
| 24 | | bond required under this subparagraph shall not affect |
| 25 | | in any way any obligation or liability of any person |
| 26 | | under this Act or any other State or federal law. |
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| 1 | | (4) The Agency shall propose and the board shall adopt |
| 2 | | rules to require the testing of discharges conducted under |
| 3 | | NPDES permits, should a clean construction or demolition |
| 4 | | debris site have an NPDES permit. These rules shall be |
| 5 | | constructed to alter site operators and the agency of |
| 6 | | potential contamination of any body of water, including, |
| 7 | | but not limited to groundwater. |
| 8 | | The rules adopted under this subsection shall provide that |
| 9 | | the person to whom a portion of a permitted clean construction |
| 10 | | or demolition debris fill operation site is transferred must |
| 11 | | complete closure and post-closure maintenance for the |
| 12 | | transferred portion of the site in accordance with Board rules. |
| 13 | | The rules adopted under this subsection shall also specify |
| 14 | | the conditions under which the State is entitled to collect |
| 15 | | moneys from the performance bond required under subparagraph |
| 16 | | (E) of paragraph (3) of this subsection. Any money forfeited to |
| 17 | | the State of Illinois from any performance bond required under |
| 18 | | this subsection shall be deposited into the Landfill Closure |
| 19 | | and Post-Closure Fund established under Section 21.1 of this |
| 20 | | Act and shall, upon approval by the Governor and the Director |
| 21 | | of the Agency, be used by and under the direction of the Agency |
| 22 | | for the purposes for which the performance bond was issued. The |
| 23 | | Agency shall have the authority to approve or disapprove any |
| 24 | | performance bond posted in accordance with the rules adopted |
| 25 | | under this subsection. If the Agency disapproves a performance |
| 26 | | bond required under the rules adopted under this subsection, |
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| 1 | | the person whose performance bond is disapproved by the Agency |
| 2 | | may contest the disapproval in the same manner as the appeal of |
| 3 | | a permit denial under Section 40 of this Act. |
| 4 | | The Agency is authorized to enter into contracts and |
| 5 | | agreements as it may deem necessary to carry out the purposes |
| 6 | | of this subsection or rules adopted under this subsection. |
| 7 | | Neither the State, nor the Director of the Agency, nor any |
| 8 | | State employee shall be liable for any damages or injuries |
| 9 | | arising out of or resulting from any action taken under this |
| 10 | | subsection or rules adopted under this subsection. |
| 11 | | Neither this subsection nor the rules adopted under this |
| 12 | | subsection shall bar a cause of action by the State for any |
| 13 | | other penalty or relief provided by this Act or any other law. |
| 14 | | (i) Neither this Section nor the rules adopted under this |
| 15 | | Section apply to: |
| 16 | | (1) the use of clean construction or demolition debris |
| 17 | | as fill at the site where the clean construction or |
| 18 | | demolition debris is generated; or |
| 19 | | (2) the use of clean construction or demolition debris, |
| 20 | | in accordance with Department of Transportation |
| 21 | | specifications, by the Department of Transportation, the |
| 22 | | Illinois State Toll Highway Authority, or a county or local |
| 23 | | highway authority, except to the extent that the clean |
| 24 | | construction or demolition debris is used as fill material |
| 25 | | in a privately-owned or privately-operated clean |
| 26 | | construction or demolition debris fill operation. |
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| 1 | | (Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
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| 2 | | (415 ILCS 5/22.51a) |
| 3 | | Sec. 22.51a. Uncontaminated Soil Fill Operations. |
| 4 | | (a) For purposes of this Section: |
| 5 | | "Operator" means a person responsible for the |
| 6 | | operation and maintenance of an uncontaminated soil fill |
| 7 | | operation. |
| 8 | | "Owner" means a person who has any direct or indirect |
| 9 | | interest in an uncontaminated soil fill operation or in |
| 10 | | land on which a person operates and maintains an |
| 11 | | uncontaminated soil fill operation. A "direct or indirect |
| 12 | | interest" does not include the ownership of publicly traded |
| 13 | | stock. The "owner" is the "operator" if there is no other |
| 14 | | person who is operating and maintaining an uncontaminated |
| 15 | | soil fill operation. |
| 16 | | "Uncontaminated soil" has the meaning provided (1) The |
| 17 | | term "uncontaminated soil" shall have the same meaning as |
| 18 | | uncontaminated soil under Section 3.160 of this Act. |
| 19 | | "Uncontaminated soil fill operation" (2) The term |
| 20 | | "uncontaminated soil fill operation" means a current or |
| 21 | | former quarry, mine, or other excavation where |
| 22 | | uncontaminated soil is used as fill material. |
| 23 | | "Uncontaminated soil fill operation" , but does not include |
| 24 | | a clean construction or demolition debris fill operation. |
| 25 | | (b) No person shall: |
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| 1 | | (1) conduct any uncontaminated soil fill operation in |
| 2 | | violation of this Act or any rules or standards adopted by |
| 3 | | the Board; |
| 4 | | (2) use soil other than uncontaminated soil as fill |
| 5 | | material at an uncontaminated soil fill operation; or |
| 6 | | (3) locate any uncontaminated soil fill operation |
| 7 | | within the setback zone of a potable water supply well. |
| 8 | | (c) Owners and operators of uncontaminated soil fill |
| 9 | | operations must register the fill operations with the Agency. |
| 10 | | Uncontaminated soil fill operations that received |
| 11 | | uncontaminated soil prior to July 30, 2010 (the effective date |
| 12 | | of Public Act 96-1416) this amendatory Act of the 96th General |
| 13 | | Assembly must be registered with the Agency no later than March |
| 14 | | 31, 2011. Uncontaminated soil fill operations that first |
| 15 | | receive uncontaminated soil on or after July 30, 2010 (the |
| 16 | | effective date of Public Act 96-1416) this amendatory Act of |
| 17 | | the 96th General Assembly must be registered with the Agency |
| 18 | | prior to the receipt of any uncontaminated soil. Registrations |
| 19 | | must be submitted on forms and in a format prescribed by the |
| 20 | | Agency. |
| 21 | | (d)(1) No later than one year after July 30, 2010 (the |
| 22 | | effective date of Public Act 96-1416) this amendatory Act of |
| 23 | | the 96th General Assembly, the Agency shall propose to the |
| 24 | | Board, and, no later than one year after the Board's receipt of |
| 25 | | the Agency's proposal, the Board shall adopt, rules for the use |
| 26 | | of uncontaminated soil as fill material at uncontaminated soil |
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| 1 | | fill operations. The rules must include standards and |
| 2 | | procedures necessary to protect groundwater, which shall |
| 3 | | include, but shall not be limited to, testing and certification |
| 4 | | of soil used as fill material and requirements for |
| 5 | | recordkeeping. |
| 6 | | (2) (Blank). Until the effective date of the Board rules |
| 7 | | adopted under subdivision (d)(1) of this Section, owners and |
| 8 | | operators of uncontaminated soil fill operations must do all of |
| 9 | | the following in subdivisions (d)(2)(A) through (d)(2)(F) of |
| 10 | | this Section for all uncontaminated soil accepted for use as |
| 11 | | fill material. The requirements in subdivisions (d)(2)(A) |
| 12 | | through (d)(2)(F) of this Section shall not limit any rules |
| 13 | | adopted by the Board. |
| 14 | | (A) Document the following information for each load of |
| 15 | | uncontaminated soil received: (i) the name of the hauler, |
| 16 | | the address of the site of origin, and the owner and the |
| 17 | | operator of the site of origin of the uncontaminated soil, |
| 18 | | (ii) the weight or volume of the uncontaminated soil, and |
| 19 | | (iii) the date the uncontaminated soil was received. |
| 20 | | (B) Obtain either (i) a certification from the owner or |
| 21 | | operator of the site from which the soil was removed that |
| 22 | | the site has never been used for commercial or industrial |
| 23 | | purposes and is presumed to be uncontaminated soil or (ii) |
| 24 | | a certification from a licensed Professional Engineer or a |
| 25 | | licensed Professional Geologist that the soil is |
| 26 | | uncontaminated soil. Certifications required under this |
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| 1 | | subdivision (d)(2)(B) must be on forms and in a format |
| 2 | | prescribed by the Agency. |
| 3 | | (C) Confirm that the uncontaminated soil was not |
| 4 | | removed from a site as part of a cleanup or removal of |
| 5 | | contaminants, including, but not limited to, activities |
| 6 | | conducted under the Comprehensive Environmental Response, |
| 7 | | Compensation, and Liability Act of 1980, as amended; as |
| 8 | | part of a Closure or Corrective Action under the Resource |
| 9 | | Conservation and Recovery Act, as amended; or under an |
| 10 | | Agency remediation program, such as the Leaking |
| 11 | | Underground Storage Tank Program or Site Remediation |
| 12 | | Program, but excluding sites subject to Section 58.16 of |
| 13 | | this Act where there is no presence or likely presence of a |
| 14 | | release or a substantial threat of a release of a regulated |
| 15 | | substance at, on, or from the real property. |
| 16 | | (D) Visually inspect each load to confirm that only |
| 17 | | uncontaminated soil is being accepted for use as fill |
| 18 | | material. |
| 19 | | (E) Screen each load of uncontaminated soil using a |
| 20 | | device that is approved by the Agency and detects volatile |
| 21 | | organic compounds. Such a device may include, but is not |
| 22 | | limited to, a photo ionization detector or a flame |
| 23 | | ionization detector. All screening devices shall be |
| 24 | | operated and maintained in accordance with the |
| 25 | | manufacturer's specifications. Unacceptable soil must be |
| 26 | | rejected from the fill operation. |
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| 1 | | (F) Document all activities required under subdivision |
| 2 | | (d)(2) of this Section. Documentation of any chemical |
| 3 | | analysis must include, but is not limited to, (i) a copy of |
| 4 | | the lab analysis, (ii) accreditation status of the |
| 5 | | laboratory performing the analysis, and (iii) |
| 6 | | certification by an authorized agent of the laboratory that |
| 7 | | the analysis has been performed in accordance with the |
| 8 | | Agency's rules for the accreditation of environmental |
| 9 | | laboratories and the scope of accreditation. |
| 10 | | (3) (Blank). Owners and operators of uncontaminated soil |
| 11 | | fill operations must maintain all documentation required under |
| 12 | | subdivision (d)(2) of this Section for a minimum of 3 years |
| 13 | | following the receipt of each load of uncontaminated soil, |
| 14 | | except that documentation relating to an appeal, litigation, or |
| 15 | | other disputed claim must be maintained until at least 3 years |
| 16 | | after the date of the final disposition of the appeal, |
| 17 | | litigation, or other disputed claim. Copies of the |
| 18 | | documentation must be made available to the Agency and to units |
| 19 | | of local government for inspection and copying during normal |
| 20 | | business hours. The Agency may prescribe forms and formats for |
| 21 | | the documentation required under subdivision (d)(2) of this |
| 22 | | Section. |
| 23 | | Chemical analysis conducted under subdivision (d)(2) of |
| 24 | | this Section must be conducted in accordance with the |
| 25 | | requirements of 35 Ill. Adm. Code 742, as amended, and "Test |
| 26 | | Methods for Evaluating Solid Waste, Physical/Chemical |
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| 1 | | Methods", USEPA Publication No. SW-846, as amended.
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| 2 | | (e) No later than January 1, 2019, the Agency shall propose |
| 3 | | to the Board for adoption, and, no later than one year after |
| 4 | | receipt of the Agency's proposal, the Board shall adopt rules |
| 5 | | to protect public health and the environment from any threats |
| 6 | | posed by uncontaminated soil fill operations. The rules shall |
| 7 | | include, but not be limited to, rules that establish enhanced |
| 8 | | pre-acceptance and post-acceptance sampling protocols for |
| 9 | | uncontaminated soil fill operations, as described in |
| 10 | | paragraphs (1) and (2) of this subsection. |
| 11 | | (1) The pre-acceptance sampling protocols adopted by |
| 12 | | the Board pursuant to this subsection shall include, but |
| 13 | | shall not be limited to, provisions requiring the owner or |
| 14 | | operator to obtain, for all soil accepted for use as fill |
| 15 | | at the uncontaminated soil fill operation, a certification |
| 16 | | from a professional engineer licensed under the |
| 17 | | Professional Engineering Practice Act of 1989 or a licensed |
| 18 | | professional geologist licensed under the Professional |
| 19 | | Geologist Licensing Act that the soil is uncontaminated |
| 20 | | soil. The certification required under this subsection |
| 21 | | must be based on analytical testing of at least one |
| 22 | | representative soil sample for each volume of soil that the |
| 23 | | Board determines must be sampled in order to characterize |
| 24 | | the soil being accepted for use as fill. The Board may |
| 25 | | provide exemptions from pre-acceptance sampling protocols |
| 26 | | required under this subsection for small volumes of soil |
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| 1 | | generated at a site upon which a residence is located, |
| 2 | | provided that there is no historical or current use of the |
| 3 | | site, or potential contaminant migration from a proximate |
| 4 | | site, that increases the presence or potential presence of |
| 5 | | contamination at the site. |
| 6 | | (2) The post-acceptance sampling protocols adopted by |
| 7 | | the Board pursuant to this subsection shall include, but |
| 8 | | not be limited to, provisions requiring the owner or |
| 9 | | operator to perform, for all soil accepted for use as fill, |
| 10 | | post-acceptance sampling in accordance with a plan |
| 11 | | approved by the Agency. At a minimum, the Agency-approved |
| 12 | | plan required under this subsection must provide for the |
| 13 | | analytical testing of at least one representative soil |
| 14 | | sample for each volume of soil that the Board determines |
| 15 | | must be sampled to characterize the soil being accepted for |
| 16 | | use as fill. If the analytical testing indicates that any |
| 17 | | of the soil accepted for use as fill is not uncontaminated |
| 18 | | soil, the owner or operator shall conduct additional |
| 19 | | investigation and identify, remove, and properly dispose |
| 20 | | of all soil that is not uncontaminated soil. |
| 21 | | (f) Neither this Section nor the rules adopted under this |
| 22 | | Section apply to: |
| 23 | | (1) the use of uncontaminated soil as fill at the site |
| 24 | | where the uncontaminated soil is generated; |
| 25 | | (2) the use of uncontaminated soil, in accordance with |
| 26 | | Department of Transportation specifications, by the |
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| 1 | | Department of Transportation, the Illinois State Toll |
| 2 | | Highway Authority, or a county or local highway authority, |
| 3 | | except to the extent that the soil is used as fill material |
| 4 | | in a privately-owned or privately-operated uncontaminated |
| 5 | | soil fill operation; or |
| 6 | | (3) the use of uncontaminated soil at a remediation |
| 7 | | site in accordance with a remediation plan approved by the |
| 8 | | Agency or the United States Environmental Protection |
| 9 | | Agency. |
| 10 | | (Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
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| 11 | | (415 ILCS 5/30) (from Ch. 111 1/2, par. 1030)
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| 12 | | Sec. 30. Investigations. The Agency shall cause |
| 13 | | investigations to be made
upon the request of the Board, as a |
| 14 | | result of the Agency's own investigation or knowledge, or upon |
| 15 | | receipt of information concerning an
alleged violation of this |
| 16 | | Act, any rule or regulation adopted
under this Act, any permit |
| 17 | | or term or condition of a permit, or
any Board order, and may |
| 18 | | cause to be made such other investigations as it
shall deem |
| 19 | | advisable.
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| 20 | | (Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
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| 21 | | (415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)
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| 22 | | Sec. 31. Notice; complaint; hearing.
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| 23 | | (a)(1) Within 180 days after becoming aware of an alleged |
| 24 | | violation of the
Act, any rule adopted under the Act, a |
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| 1 | | permit granted by the Agency, or
a condition of such a |
| 2 | | permit, the Agency shall issue and serve, by certified |
| 3 | | mail,
upon the person complained against a written notice |
| 4 | | informing that person that
the Agency has evidence of the |
| 5 | | alleged violation. At a minimum, the written
notice shall |
| 6 | | contain:
|
| 7 | | (A) a notification to the person complained |
| 8 | | against of the requirement to
submit a written response |
| 9 | | addressing the violations alleged and the option to
|
| 10 | | meet with appropriate agency personnel to resolve any |
| 11 | | alleged violations that
could lead to the filing of a |
| 12 | | formal complaint;
|
| 13 | | (B) a detailed explanation by the Agency of the |
| 14 | | violations alleged;
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| 15 | | (C) an explanation by the Agency of the actions |
| 16 | | that the Agency
believes may resolve the alleged |
| 17 | | violations, including an estimate of a
reasonable time |
| 18 | | period for the person complained against to complete |
| 19 | | the
suggested resolution; and
|
| 20 | | (D) an explanation of any alleged violation that |
| 21 | | the Agency believes
cannot be resolved without the |
| 22 | | involvement of the Office of the Illinois
Attorney |
| 23 | | General or the State's Attorney of the county in which |
| 24 | | the alleged
violation occurred and the basis for the |
| 25 | | Agency's belief.
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| 26 | | (2) A written response to the violations alleged shall |
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| 1 | | be submitted to
the Agency, by certified mail, within 45 |
| 2 | | days after receipt of notice by the
person complained |
| 3 | | against, unless the Agency agrees to an extension. The
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| 4 | | written response shall include:
|
| 5 | | (A) information in rebuttal, explanation or |
| 6 | | justification of each
alleged violation;
|
| 7 | | (B) if the person complained against desires to |
| 8 | | enter into a Compliance Commitment Agreement, proposed |
| 9 | | terms for a Compliance Commitment Agreement that |
| 10 | | includes specified
times for achieving each commitment |
| 11 | | and which may consist of a statement
indicating that |
| 12 | | the person complained against believes that compliance |
| 13 | | has
been achieved; and
|
| 14 | | (C) a request for a meeting with appropriate Agency |
| 15 | | personnel if a
meeting is desired by the person |
| 16 | | complained against.
|
| 17 | | (3) If the person complained against fails to respond |
| 18 | | in accordance with
the requirements of subdivision (2) of |
| 19 | | this subsection (a), the failure to
respond shall be |
| 20 | | considered a waiver of the requirements of this subsection
|
| 21 | | (a) and nothing in this Section shall preclude the Agency |
| 22 | | from proceeding
pursuant to subsection (b) of this Section.
|
| 23 | | (4) A meeting requested pursuant to subdivision (2) of |
| 24 | | this subsection
(a) shall be held without a representative |
| 25 | | of the Office of the Illinois
Attorney General or the |
| 26 | | State's Attorney of the county in which the alleged
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| 1 | | violation occurred, within 60 days after receipt of notice |
| 2 | | by the person
complained against, unless the Agency agrees |
| 3 | | to a postponement. At the
meeting, the Agency shall provide |
| 4 | | an opportunity for the person complained
against to respond |
| 5 | | to each alleged violation, suggested resolution, and
|
| 6 | | suggested implementation time frame, and to suggest |
| 7 | | alternate resolutions.
|
| 8 | | (5) If a meeting requested pursuant to subdivision (2) |
| 9 | | of this subsection
(a) is held, the person complained |
| 10 | | against shall, within 21 days following the
meeting or |
| 11 | | within an extended time period as agreed to by the Agency, |
| 12 | | submit
by certified mail to the Agency a written response |
| 13 | | to the alleged violations.
The written response shall |
| 14 | | include:
|
| 15 | | (A) additional information in rebuttal, |
| 16 | | explanation, or justification
of each alleged |
| 17 | | violation;
|
| 18 | | (B) if the person complained against desires to |
| 19 | | enter into a Compliance Commitment Agreement, proposed |
| 20 | | terms for a Compliance Commitment Agreement that |
| 21 | | includes specified
times for achieving each commitment |
| 22 | | and which may consist of a statement
indicating that |
| 23 | | the person complained against believes that compliance |
| 24 | | has
been achieved; and
|
| 25 | | (C) a statement indicating that, should the person |
| 26 | | complained against
so wish, the person complained |
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| 1 | | against chooses to rely upon the initial written
|
| 2 | | response submitted pursuant to subdivision (2) of this |
| 3 | | subsection (a).
|
| 4 | | (6) If the person complained against fails to respond |
| 5 | | in accordance with
the requirements of subdivision (5) of |
| 6 | | this subsection (a), the failure to
respond shall be |
| 7 | | considered a waiver of the requirements of this subsection |
| 8 | | (a)
and nothing in this Section shall preclude the Agency |
| 9 | | from proceeding pursuant
to subsection (b) of this Section.
|
| 10 | | (7) Within 30 days after the Agency's receipt of a |
| 11 | | written response submitted
by the person complained |
| 12 | | against pursuant to subdivision (2) of this
subsection (a) |
| 13 | | if a meeting is not requested or pursuant to subdivision |
| 14 | | (5) of this
subsection (a) if a meeting is held, or within |
| 15 | | a later time period as agreed
to by the Agency and the |
| 16 | | person complained against, the Agency shall issue and
|
| 17 | | serve, by certified mail, upon the person complained |
| 18 | | against (i) a proposed Compliance Commitment Agreement or |
| 19 | | (ii) a notice that one or more violations cannot be |
| 20 | | resolved without the involvement of the Office of the |
| 21 | | Attorney General or the State's Attorney of the county in |
| 22 | | which the alleged violation occurred and that no proposed |
| 23 | | Compliance Commitment Agreement will be issued by the |
| 24 | | Agency for those violations. The Agency shall include terms |
| 25 | | and conditions in the proposed Compliance Commitment |
| 26 | | Agreement that are, in its discretion, necessary to bring |
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| 1 | | the person complained against into compliance with the Act, |
| 2 | | any rule adopted under the Act, any permit granted by the |
| 3 | | Agency, or any condition of such a permit. The Agency shall |
| 4 | | take into consideration the proposed terms for the proposed |
| 5 | | Compliance Commitment Agreement that were provided under |
| 6 | | subdivision (a)(2)(B) or (a)(5)(B) of this Section by the |
| 7 | | person complained against.
|
| 8 | | (7.5) Within 30 days after the receipt of the Agency's |
| 9 | | proposed Compliance Commitment Agreement by the person |
| 10 | | complained against, the person shall either (i) agree to |
| 11 | | and sign the proposed Compliance Commitment Agreement |
| 12 | | provided by the Agency and submit the signed Compliance |
| 13 | | Commitment Agreement to the Agency by certified mail or |
| 14 | | (ii) notify the Agency in writing by certified mail of the |
| 15 | | person's rejection of the proposed Compliance Commitment |
| 16 | | Agreement. If the person complained against fails to |
| 17 | | respond to the proposed Compliance Commitment Agreement |
| 18 | | within 30 days as required under this paragraph, the |
| 19 | | proposed Compliance Commitment Agreement is deemed |
| 20 | | rejected by operation of law. Any Compliance Commitment |
| 21 | | Agreement entered into under item (i) of this paragraph may |
| 22 | | be amended subsequently in writing by mutual agreement |
| 23 | | between the Agency and the signatory to the Compliance |
| 24 | | Commitment Agreement, the signatory's legal |
| 25 | | representative, or the signatory's agent. |
| 26 | | (7.6) No person shall violate the terms or conditions |
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| 1 | | of a Compliance Commitment Agreement entered into under |
| 2 | | subdivision (a)(7.5) of this Section. Successful |
| 3 | | completion of a Compliance Commitment Agreement or an |
| 4 | | amended Compliance Commitment Agreement shall be a factor |
| 5 | | to be weighed, in favor of the person completing the |
| 6 | | Agreement, by the Office of the Illinois Attorney General |
| 7 | | in determining whether to file a complaint for the |
| 8 | | violations that were the subject of the Agreement.
|
| 9 | | (8) Nothing in this subsection (a) is intended to |
| 10 | | require the Agency to
enter into Compliance Commitment |
| 11 | | Agreements for any alleged violation that the
Agency |
| 12 | | believes cannot be resolved without the involvement of the |
| 13 | | Office of the
Attorney General or the State's Attorney of |
| 14 | | the county in which the alleged
violation occurred, for, |
| 15 | | among other purposes, the imposition of statutory
|
| 16 | | penalties.
|
| 17 | | (9) The Agency's failure to respond within 90 30 days |
| 18 | | to a written response submitted
pursuant to subdivision (2) |
| 19 | | of this subsection (a) if a meeting is not
requested or |
| 20 | | pursuant to subdivision (5) of this subsection (a) if a |
| 21 | | meeting is held,
or within the time period otherwise agreed |
| 22 | | to in writing by
the Agency and the person complained |
| 23 | | against, shall be deemed an acceptance by
the Agency of the |
| 24 | | proposed terms of the Compliance Commitment Agreement for |
| 25 | | the violations
alleged in the written notice issued under |
| 26 | | subdivision (1) of this subsection
(a) as contained within |
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| 1 | | the written response.
|
| 2 | | (10) If the person complained against complies with the |
| 3 | | terms of a
Compliance
Commitment Agreement accepted |
| 4 | | pursuant to this subsection (a), the Agency
shall not refer |
| 5 | | the alleged violations which are the subject of the |
| 6 | | Compliance
Commitment Agreement to the Office of the |
| 7 | | Illinois Attorney General or the
State's Attorney of the |
| 8 | | county in which the alleged violation occurred.
However, |
| 9 | | nothing in this subsection is intended to preclude the |
| 10 | | Agency from
continuing negotiations with the person |
| 11 | | complained against or from proceeding
pursuant to the |
| 12 | | provisions of subsection (b) of this Section for alleged
|
| 13 | | violations that remain the subject of disagreement between |
| 14 | | the Agency and the
person complained against following |
| 15 | | fulfillment of the requirements of this
subsection (a).
|
| 16 | | (11) Nothing in this subsection (a) is intended to |
| 17 | | preclude the person
complained against from submitting to |
| 18 | | the Agency, by certified mail, at any
time, notification |
| 19 | | that the person complained against consents to waiver of
|
| 20 | | the requirements of subsections (a) and (b) of this |
| 21 | | Section.
|
| 22 | | (12) The Agency shall have the authority to adopt rules |
| 23 | | for the administration of subsection (a) of this Section. |
| 24 | | The rules shall be adopted in accordance with the |
| 25 | | provisions of the Illinois Administrative Procedure Act. |
| 26 | | (b) For alleged violations that remain the subject of |
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| 1 | | disagreement
between the Agency and the person complained |
| 2 | | against following fulfillment of
the requirements of |
| 3 | | subsection (a) of this Section, and for alleged violations of |
| 4 | | the terms or conditions of a Compliance Commitment Agreement |
| 5 | | entered into under subdivision (a)(7.5) of this Section as well |
| 6 | | as the alleged violations that are the subject of the |
| 7 | | Compliance Commitment Agreement, and as a precondition to
the |
| 8 | | Agency's referral or request to the Office of the Illinois |
| 9 | | Attorney General
or the State's Attorney of the county in which |
| 10 | | the alleged violation occurred
for legal representation |
| 11 | | regarding an alleged violation that may be addressed
pursuant |
| 12 | | to subsection (c) or (d) of this Section or pursuant to Section |
| 13 | | 42 of
this Act, the Agency shall issue and serve, by certified |
| 14 | | mail, upon the person
complained against a written notice |
| 15 | | informing that person that the Agency
intends to pursue legal |
| 16 | | action. Such notice shall notify the person
complained against |
| 17 | | of the violations to be alleged and offer the person an
|
| 18 | | opportunity to meet with appropriate Agency personnel in an |
| 19 | | effort to resolve
any alleged violations that could lead to the |
| 20 | | filing of a formal complaint.
The meeting with Agency personnel |
| 21 | | shall be held within 30 days after receipt of
notice served |
| 22 | | pursuant to this subsection upon the person complained against,
|
| 23 | | unless the Agency agrees to a postponement or the person |
| 24 | | notifies the Agency
that he or she will not appear at a meeting |
| 25 | | within the 30-day time period.
Nothing in this subsection is |
| 26 | | intended to preclude the Agency from following
the provisions |
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| 1 | | of subsection (c) or (d) of this Section or from requesting the
|
| 2 | | legal representation of the Office of the Illinois Attorney |
| 3 | | General or the
State's Attorney of the county in which the |
| 4 | | alleged violations occurred for
alleged violations which |
| 5 | | remain the subject of disagreement between the Agency
and the |
| 6 | | person complained against after the provisions of this |
| 7 | | subsection are
fulfilled.
|
| 8 | | (c)(1) For alleged violations which remain the subject of |
| 9 | | disagreement
between the Agency and the person complained |
| 10 | | against following waiver pursuant
to subdivision (10) of |
| 11 | | subsection (a) of this Section or fulfillment of
the |
| 12 | | requirements of subsections (a) and (b) of this Section, |
| 13 | | the Office of the
Illinois Attorney General or the State's |
| 14 | | Attorney of the county in which the
alleged violation |
| 15 | | occurred shall issue and serve upon the person complained
|
| 16 | | against a written notice, together with a formal complaint, |
| 17 | | which shall
specify the provision of the Act, rule, |
| 18 | | regulation, permit, or term
or condition thereof under |
| 19 | | which such person is said to be in violation and
a |
| 20 | | statement of the manner in and the extent to which such |
| 21 | | person is said to
violate the Act, rule, regulation, |
| 22 | | permit, or term or condition
thereof and shall require the |
| 23 | | person so complained
against to answer the charges of such |
| 24 | | formal complaint at a hearing before
the Board at a time |
| 25 | | not less than 21 days after the date of notice by the
|
| 26 | | Board, except as provided in Section 34 of this Act. Such |
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| 1 | | complaint shall
be accompanied by a notification to the |
| 2 | | defendant that financing may be
available, through the |
| 3 | | Illinois Environmental Facilities Financing Act, to
|
| 4 | | correct such violation. A copy of such notice of such
|
| 5 | | hearings shall also be sent to any person that has |
| 6 | | complained to the
Agency respecting the respondent within |
| 7 | | the six months preceding the
date of the complaint, and to |
| 8 | | any person in the county in which the
offending activity |
| 9 | | occurred that has requested notice of enforcement
|
| 10 | | proceedings; 21 days notice of such hearings shall also be |
| 11 | | published in
a newspaper of general circulation in such |
| 12 | | county. The respondent may
file a written answer, and at |
| 13 | | such hearing the rules prescribed in
Sections 32 and 33 of |
| 14 | | this Act shall apply. In the case of actual or
threatened |
| 15 | | acts outside Illinois contributing to environmental damage |
| 16 | | in
Illinois, the extraterritorial service-of-process |
| 17 | | provisions of Sections
2-208 and 2-209 of the Code of Civil |
| 18 | | Procedure shall apply.
|
| 19 | | With respect to notices served pursuant to this |
| 20 | | subsection (c)(1) that
involve hazardous material or |
| 21 | | wastes in any manner, the Agency shall
annually publish a |
| 22 | | list of all such notices served. The list shall include
the |
| 23 | | date the investigation commenced, the date notice was sent, |
| 24 | | the date
the matter was referred to the Attorney General, |
| 25 | | if applicable, and the
current status of the matter.
|
| 26 | | (2) Notwithstanding the provisions of subdivision (1) |
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| 1 | | of this subsection
(c), whenever a complaint has been filed |
| 2 | | on behalf of the Agency or by the
People of the State of |
| 3 | | Illinois, the parties may file with the Board a
stipulation |
| 4 | | and proposal for settlement accompanied by a request for |
| 5 | | relief
from the requirement of a hearing pursuant to |
| 6 | | subdivision (1). Unless the
Board, in its discretion, |
| 7 | | concludes that a hearing will be held, the Board
shall |
| 8 | | cause notice of the stipulation, proposal and request for |
| 9 | | relief to
be published and sent in the same manner as is |
| 10 | | required for hearing
pursuant to subdivision (1) of this |
| 11 | | subsection. The notice shall include a
statement that any |
| 12 | | person may file a written demand for hearing within 21
days |
| 13 | | after receiving the notice. If any person files a timely |
| 14 | | written
demand for hearing, the Board shall deny the |
| 15 | | request for relief from a
hearing and shall hold a hearing |
| 16 | | in accordance with the provisions of
subdivision (1).
|
| 17 | | (3) Notwithstanding the provisions of subdivision (1) |
| 18 | | of this subsection
(c), if the Agency becomes aware of a |
| 19 | | violation of this Act arising from, or
as a result of, |
| 20 | | voluntary pollution prevention activities, the Agency |
| 21 | | shall not
proceed with the written notice required by |
| 22 | | subsection (a) of this Section
unless:
|
| 23 | | (A) the person fails to take corrective action or |
| 24 | | eliminate the reported
violation within a reasonable |
| 25 | | time; or
|
| 26 | | (B) the Agency believes that the violation poses a |
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| 1 | | substantial and
imminent danger to the public health or |
| 2 | | welfare or the environment. For the
purposes of this |
| 3 | | item (B), "substantial and imminent danger" means a |
| 4 | | danger
with a likelihood of serious or irreversible |
| 5 | | harm.
|
| 6 | | (d)(1) Any person may file with the Board a complaint, |
| 7 | | meeting
the requirements of subsection (c) of this Section, |
| 8 | | against any person
allegedly violating this Act, any rule |
| 9 | | or regulation adopted under this
Act, any permit or term or |
| 10 | | condition of a permit, or any Board order. The complainant |
| 11 | | shall immediately serve a copy of such complaint
upon the |
| 12 | | person or persons named therein. Unless the Board |
| 13 | | determines that
such complaint is duplicative or |
| 14 | | frivolous, it shall schedule a hearing and
serve written |
| 15 | | notice thereof upon the person or persons named therein, in
|
| 16 | | accord with subsection (c) of this Section.
|
| 17 | | (2) Whenever a complaint has been filed by a person |
| 18 | | other than the
Attorney General or the State's Attorney, |
| 19 | | the parties may file with the Board
a stipulation and |
| 20 | | proposal for settlement accompanied by a request for relief
|
| 21 | | from the hearing requirement of subdivision (c)(1) of this |
| 22 | | Section. Unless
the Board, in its discretion, concludes |
| 23 | | that a hearing should be held, no
hearing on the |
| 24 | | stipulation and proposal for settlement is required.
|
| 25 | | (e) In hearings before the Board under this Title the |
| 26 | | burden shall
be on the Agency or other complainant to show |
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| 1 | | either that the respondent
has caused or threatened to cause |
| 2 | | air or water pollution or that the
respondent has violated or |
| 3 | | threatens to violate any provision of this
Act or any rule or |
| 4 | | regulation of the Board or permit or term or
condition thereof. |
| 5 | | If such proof has been made, the burden shall be on
the |
| 6 | | respondent to show that compliance with the Board's regulations
|
| 7 | | would impose an arbitrary or unreasonable hardship.
|
| 8 | | (f) The provisions of this Section shall not apply to |
| 9 | | administrative
citation actions commenced under Section 31.1 |
| 10 | | of this Act.
|
| 11 | | (g) Where the alleged violation under this Section is that |
| 12 | | an owner or operator has accepted soil other than |
| 13 | | uncontaminated soil as fill material under Section 22.51 or |
| 14 | | 22.51a of this Act, the Agency's allegations shall be based |
| 15 | | upon a demonstrated threat to area groundwater, using the risk |
| 16 | | based analysis and sampling procedures set forth in 35 Ill. |
| 17 | | Adm. Code Part 742, and any testing shall be conducted by |
| 18 | | laboratories that are properly certified in accordance with the |
| 19 | | Agency's authority under Section 4 of this Act. The owner or |
| 20 | | operator shall be given the opportunity to conduct split |
| 21 | | sampling. |
| 22 | | (Source: P.A. 97-519, eff. 8-23-11.)
|
| 23 | | (415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)
|
| 24 | | Sec. 31.1. Administrative citation.
|
| 25 | | (a) The prohibitions specified in subsections (o) and (p) |
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| 1 | | of
Section 21 and subsection (k) of Section 55 of this Act |
| 2 | | shall be enforceable either by administrative
citation under |
| 3 | | this Section or as otherwise provided by this Act. Violations |
| 4 | | of Section 22.51 and 22.51a of this Act and violations of the |
| 5 | | rules adopted under those Sections shall be enforceable either |
| 6 | | by administrative citation under this Section or as otherwise |
| 7 | | provided by this Act.
|
| 8 | | (b) Whenever Agency personnel or personnel of a unit of |
| 9 | | local government to
which the Agency has delegated its |
| 10 | | functions pursuant to subsection (r) of
Section 4 of this Act, |
| 11 | | on the basis of direct observation, determine that any
person |
| 12 | | has violated any provision of subsection (o) or (p) of Section
|
| 13 | | 21, Section 22.51, Section 22.51a, or subsection (k) of Section |
| 14 | | 55 of this Act, or any rules adopted under Section 22.51 or |
| 15 | | Section 22.51a of this Act, the Agency or such unit of local |
| 16 | | government may issue and serve
an administrative citation upon |
| 17 | | such person within not more than 60 days after
the date of the |
| 18 | | observed violation. Each such citation issued shall be served
|
| 19 | | upon the person named therein or such person's authorized agent |
| 20 | | for service of
process, and shall include the following |
| 21 | | information:
|
| 22 | | (1) a statement specifying the provision provisions of |
| 23 | | subsection (o) or (p)
of Section 21, Section 22.51, Section |
| 24 | | 22.51a, or subsection (k) of Section 55 of which the person |
| 25 | | was observed to violate be in violation;
|
| 26 | | (2) a copy of the inspection report in which the Agency |
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| 1 | | or local
government recorded the violation, which report |
| 2 | | shall include the date and
time of inspection, and weather |
| 3 | | conditions prevailing during the inspection;
|
| 4 | | (3) the penalty imposed by subdivision (b)(4) or |
| 5 | | (b)(4-5) of Section
42 for such violation;
|
| 6 | | (4) instructions for contesting the administrative |
| 7 | | citation findings
pursuant to this Section, including |
| 8 | | notification that the person has 35
days within which to |
| 9 | | file a petition for review before the Board to contest
the |
| 10 | | administrative citation; and
|
| 11 | | (5) an affidavit by the personnel observing the |
| 12 | | violation, attesting to
their material actions and |
| 13 | | observations.
|
| 14 | | (c) The Agency or unit of local government shall file a |
| 15 | | copy of each
administrative citation served under subsection |
| 16 | | (b) of this Section with
the Board no later than 10 days after |
| 17 | | the date of service.
|
| 18 | | (d) (1) If the person named in the administrative citation |
| 19 | | fails to
petition the Board for review within 35 days from the |
| 20 | | date of service, the
Board shall adopt a final order, which |
| 21 | | shall include the administrative
citation and findings of |
| 22 | | violation as alleged in the citation, and shall impose
the |
| 23 | | penalty specified in subdivision (b)(4) or (b)(4-5) of Section |
| 24 | | 42.
|
| 25 | | (2) If a petition for review is filed before the Board to |
| 26 | | contest an
administrative citation issued under subsection (b) |
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| 1 | | of this Section, the
Agency or unit of local government shall |
| 2 | | appear as a complainant at a
hearing before the Board to be |
| 3 | | conducted pursuant to Section 32 of this Act
at a time not less |
| 4 | | than 21 days after notice of such hearing has
been sent by the |
| 5 | | Board to the Agency or unit of local government and the
person |
| 6 | | named in the citation. In such hearings, the burden of proof |
| 7 | | shall be
on the Agency or unit of local government. If, based |
| 8 | | on the record, the Board
finds that the alleged violation |
| 9 | | occurred, it shall adopt a final order which
shall include the |
| 10 | | administrative citation and findings of violation as alleged
in |
| 11 | | the citation, and shall impose the penalty specified in |
| 12 | | subdivision (b)(4)
or (b)(4-5) of Section 42. However, if the |
| 13 | | Board finds that the person
appealing the citation has shown |
| 14 | | that the violation resulted from
uncontrollable circumstances, |
| 15 | | the Board shall adopt a final order which makes
no finding of |
| 16 | | violation and which imposes no penalty.
|
| 17 | | (e) Sections 10-25 through 10-60 of the Illinois |
| 18 | | Administrative Procedure
Act shall not apply to any |
| 19 | | administrative citation issued under subsection (b)
of this |
| 20 | | Section.
|
| 21 | | (f) The other provisions of this Section shall not apply to |
| 22 | | a sanitary
landfill operated by a unit of local government |
| 23 | | solely for the purpose of
disposing of water and sewage |
| 24 | | treatment plant sludges, including necessary
stabilizing |
| 25 | | materials.
|
| 26 | | (g) All final orders issued and entered by the Board |
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| 1 | | pursuant to this
Section shall be enforceable by injunction, |
| 2 | | mandamus or other appropriate
remedy, in accordance with |
| 3 | | Section 42 of this Act.
|
| 4 | | (Source: P.A. 96-737, eff. 8-25-09; 96-1416, eff. 7-30-10.)
|
| 5 | | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
|
| 6 | | Sec. 39. Issuance of permits; procedures.
|
| 7 | | (a) When the Board has by regulation required a permit for
|
| 8 | | the construction, installation, or operation of any type of |
| 9 | | facility,
equipment, vehicle, vessel, or aircraft, the |
| 10 | | applicant shall apply to
the Agency for such permit and it |
| 11 | | shall be the duty of the Agency to
issue such a permit upon |
| 12 | | proof by the applicant that the facility,
equipment, vehicle, |
| 13 | | vessel, or aircraft will not cause a violation of
this Act or |
| 14 | | of regulations hereunder. The Agency shall adopt such
|
| 15 | | procedures as are necessary to carry out its duties under this |
| 16 | | Section.
In making its determinations on permit applications |
| 17 | | under this Section the Agency may consider prior adjudications |
| 18 | | of
noncompliance with this Act by the applicant that involved a |
| 19 | | release of a
contaminant into the environment. In granting |
| 20 | | permits, the Agency
may impose reasonable conditions |
| 21 | | specifically related to the applicant's past
compliance |
| 22 | | history with this Act as necessary to correct, detect, or
|
| 23 | | prevent noncompliance. The Agency may impose such other |
| 24 | | conditions
as may be necessary to accomplish the purposes of |
| 25 | | this Act, and as are not
inconsistent with the regulations |
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| 1 | | promulgated by the Board hereunder. Except as
otherwise |
| 2 | | provided in this Act, a bond or other security shall not be |
| 3 | | required
as a condition for the issuance of a permit. If the |
| 4 | | Agency denies any permit
under this Section, the Agency shall |
| 5 | | transmit to the applicant within the time
limitations of this |
| 6 | | Section specific, detailed statements as to the reasons the
|
| 7 | | permit application was denied. Such statements shall include, |
| 8 | | but not be
limited to the following:
|
| 9 | | (i) the Sections of this Act which may be violated if |
| 10 | | the permit
were granted;
|
| 11 | | (ii) the provision of the regulations, promulgated |
| 12 | | under this Act,
which may be violated if the permit were |
| 13 | | granted;
|
| 14 | | (iii) the specific type of information, if any, which |
| 15 | | the Agency
deems the applicant did not provide the Agency; |
| 16 | | and
|
| 17 | | (iv) a statement of specific reasons why the Act and |
| 18 | | the regulations
might not be met if the permit were |
| 19 | | granted.
|
| 20 | | If there is no final action by the Agency within 90 days |
| 21 | | after the
filing of the application for permit, the applicant |
| 22 | | may deem the permit
issued; except that this time period shall |
| 23 | | be extended to 180 days when
(1) notice and opportunity for |
| 24 | | public hearing are required by State or
federal law or |
| 25 | | regulation, (2) the application which was filed is for
any |
| 26 | | permit to develop a landfill subject to issuance pursuant to |
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| 1 | | this
subsection, or (3) the application that was filed is for a |
| 2 | | MSWLF unit
required to issue public notice under subsection (p) |
| 3 | | of Section 39. The
90-day and 180-day time periods for the |
| 4 | | Agency to take final action do not
apply to NPDES permit |
| 5 | | applications under subsection (b) of this Section,
to RCRA |
| 6 | | permit applications under subsection (d) of this Section, or
to |
| 7 | | UIC permit applications under subsection (e) of this Section.
|
| 8 | | The Agency shall publish notice of all final permit |
| 9 | | determinations for
development permits for MSWLF units and for |
| 10 | | significant permit modifications
for lateral expansions for |
| 11 | | existing MSWLF units one time in a newspaper of
general |
| 12 | | circulation in the county in which the unit is or is proposed |
| 13 | | to be
located.
|
| 14 | | After January 1, 1994 and until July 1, 1998, operating |
| 15 | | permits issued under
this Section by the
Agency for sources of |
| 16 | | air pollution permitted to emit less than 25 tons
per year of |
| 17 | | any combination of regulated air pollutants, as defined in
|
| 18 | | Section 39.5 of this Act, shall be required to be renewed only |
| 19 | | upon written
request by the Agency consistent with applicable |
| 20 | | provisions of this Act and
regulations promulgated hereunder. |
| 21 | | Such operating permits shall expire
180 days after the date of |
| 22 | | such a request. The Board shall revise its
regulations for the |
| 23 | | existing State air pollution operating permit program
|
| 24 | | consistent with this provision by January 1, 1994.
|
| 25 | | After June 30, 1998, operating permits issued under this |
| 26 | | Section by the
Agency for sources of air pollution that are not |
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| 1 | | subject to Section 39.5 of
this Act and are not required to |
| 2 | | have a federally enforceable State operating
permit shall be |
| 3 | | required to be renewed only upon written request by the Agency
|
| 4 | | consistent with applicable provisions of this Act and its |
| 5 | | rules. Such
operating permits shall expire 180 days after the |
| 6 | | date of such a request.
Before July 1, 1998, the Board shall |
| 7 | | revise its rules for the existing State
air pollution operating |
| 8 | | permit program consistent with this paragraph and shall
adopt |
| 9 | | rules that require a source to demonstrate that it qualifies |
| 10 | | for a permit
under this paragraph.
|
| 11 | | (b) The Agency may issue NPDES permits exclusively under |
| 12 | | this
subsection for the discharge of contaminants from point |
| 13 | | sources into
navigable waters, all as defined in the Federal |
| 14 | | Water Pollution Control
Act, as now or hereafter amended, |
| 15 | | within the jurisdiction of the
State, or into any well.
|
| 16 | | All NPDES permits shall contain those terms and conditions, |
| 17 | | including
but not limited to schedules of compliance, which may |
| 18 | | be required to
accomplish the purposes and provisions of this |
| 19 | | Act.
|
| 20 | | The Agency may issue general NPDES permits for discharges |
| 21 | | from categories
of point sources which are subject to the same |
| 22 | | permit limitations and
conditions. Such general permits may be |
| 23 | | issued without individual
applications and shall conform to |
| 24 | | regulations promulgated under Section 402
of the Federal Water |
| 25 | | Pollution Control Act, as now or hereafter amended.
|
| 26 | | The Agency may include, among such conditions, effluent |
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| 1 | | limitations
and other requirements established under this Act, |
| 2 | | Board regulations,
the Federal Water Pollution Control Act, as |
| 3 | | now or hereafter amended, and
regulations pursuant thereto, and |
| 4 | | schedules for achieving compliance
therewith at the earliest |
| 5 | | reasonable date.
|
| 6 | | The Agency shall establish a monitoring protocol for the |
| 7 | | monitoring of discharges under NPDES permits issued to clean |
| 8 | | construction demolition debris sites permitted under Section |
| 9 | | 22.51. The Agency shall include these monitoring provisions to |
| 10 | | alert operators and the Agency if there is illegal dumping of |
| 11 | | contaminated materials or hazardous wastes at said site. |
| 12 | | The Agency shall adopt filing requirements and procedures |
| 13 | | which are
necessary and appropriate for the issuance of NPDES |
| 14 | | permits, and which
are consistent with the Act or regulations |
| 15 | | adopted by the Board, and
with the Federal Water Pollution |
| 16 | | Control Act, as now or hereafter
amended, and regulations |
| 17 | | pursuant thereto.
|
| 18 | | The Agency, subject to any conditions which may be |
| 19 | | prescribed by
Board regulations, may issue NPDES permits to |
| 20 | | allow discharges beyond
deadlines established by this Act or by |
| 21 | | regulations of the Board without
the requirement of a variance, |
| 22 | | subject to the Federal Water Pollution
Control Act, as now or |
| 23 | | hereafter amended, and regulations pursuant thereto.
|
| 24 | | (c) Except for those facilities owned or operated by |
| 25 | | sanitary districts
organized under the Metropolitan Water |
| 26 | | Reclamation District Act, no
permit for the development or |
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| 1 | | construction of a new pollution control
facility may be granted |
| 2 | | by the Agency unless the applicant submits proof to the
Agency |
| 3 | | that the location of the facility has been approved by the |
| 4 | | County Board
of the county if in an unincorporated area, or the |
| 5 | | governing body of the
municipality when in an incorporated |
| 6 | | area, in which the facility is to be
located in accordance with |
| 7 | | Section 39.2 of this Act. For purposes of this subsection (c), |
| 8 | | and for purposes of Section 39.2 of this Act, the appropriate |
| 9 | | county board or governing body of the municipality shall be the |
| 10 | | county board of the county or the governing body of the |
| 11 | | municipality in which the facility is to be located as of the |
| 12 | | date when the application for siting approval is filed.
|
| 13 | | In the event that siting approval granted pursuant to |
| 14 | | Section 39.2 has
been transferred to a subsequent owner or |
| 15 | | operator, that subsequent owner or
operator may apply to the |
| 16 | | Agency for, and the Agency may grant, a development
or |
| 17 | | construction permit for the facility for which local siting |
| 18 | | approval was
granted. Upon application to the Agency for a |
| 19 | | development or
construction permit by that subsequent owner or |
| 20 | | operator,
the permit applicant shall cause written notice of |
| 21 | | the permit application
to be served upon the appropriate county |
| 22 | | board or governing body of the
municipality that granted siting |
| 23 | | approval for that facility and upon any party
to the siting |
| 24 | | proceeding pursuant to which siting approval was granted. In
|
| 25 | | that event, the Agency shall conduct an evaluation of the |
| 26 | | subsequent owner or
operator's prior experience in waste |
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| 1 | | management operations in the manner
conducted under subsection |
| 2 | | (i) of Section 39 of this Act.
|
| 3 | | Beginning August 20, 1993, if the pollution control |
| 4 | | facility consists of a
hazardous or solid waste disposal |
| 5 | | facility for which the proposed site is
located in an |
| 6 | | unincorporated area of a county with a population of less than
|
| 7 | | 100,000 and includes all or a portion of a parcel of land that |
| 8 | | was, on April 1,
1993, adjacent to a municipality having a |
| 9 | | population of less than 5,000, then
the local siting review |
| 10 | | required under this subsection (c) in conjunction with
any |
| 11 | | permit applied for after that date shall be performed by the |
| 12 | | governing body
of that adjacent municipality rather than the |
| 13 | | county board of the county in
which the proposed site is |
| 14 | | located; and for the purposes of that local siting
review, any |
| 15 | | references in this Act to the county board shall be deemed to |
| 16 | | mean
the governing body of that adjacent municipality; |
| 17 | | provided, however, that the
provisions of this paragraph shall |
| 18 | | not apply to any proposed site which was, on
April 1, 1993, |
| 19 | | owned in whole or in part by another municipality.
|
| 20 | | In the case of a pollution control facility for which a
|
| 21 | | development permit was issued before November 12, 1981, if an |
| 22 | | operating
permit has not been issued by the Agency prior to |
| 23 | | August 31, 1989 for
any portion of the facility, then the |
| 24 | | Agency may not issue or renew any
development permit nor issue |
| 25 | | an original operating permit for any portion of
such facility |
| 26 | | unless the applicant has submitted proof to the Agency that the
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| 1 | | location of the facility has been approved by the appropriate |
| 2 | | county board or
municipal governing body pursuant to Section |
| 3 | | 39.2 of this Act.
|
| 4 | | After January 1, 1994, if a solid waste
disposal facility, |
| 5 | | any portion for which an operating permit has been issued by
|
| 6 | | the Agency, has not accepted waste disposal for 5 or more |
| 7 | | consecutive calendars
years, before that facility may accept |
| 8 | | any new or additional waste for
disposal, the owner and |
| 9 | | operator must obtain a new operating permit under this
Act for |
| 10 | | that facility unless the owner and operator have applied to the |
| 11 | | Agency
for a permit authorizing the temporary suspension of |
| 12 | | waste acceptance. The
Agency may not issue a new operation |
| 13 | | permit under this Act for the facility
unless the applicant has |
| 14 | | submitted proof to the Agency that the location of the
facility |
| 15 | | has been approved or re-approved by the appropriate county |
| 16 | | board or
municipal governing body under Section 39.2 of this |
| 17 | | Act after the facility
ceased accepting waste.
|
| 18 | | Except for those facilities owned or operated by sanitary |
| 19 | | districts
organized under the Metropolitan Water Reclamation |
| 20 | | District Act, and
except for new pollution control facilities |
| 21 | | governed by Section 39.2,
and except for fossil fuel mining |
| 22 | | facilities, the granting of a permit under
this Act shall not |
| 23 | | relieve the applicant from meeting and securing all
necessary |
| 24 | | zoning approvals from the unit of government having zoning
|
| 25 | | jurisdiction over the proposed facility.
|
| 26 | | Before beginning construction on any new sewage treatment |
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| 1 | | plant or sludge
drying site to be owned or operated by a |
| 2 | | sanitary district organized under
the Metropolitan Water |
| 3 | | Reclamation District Act for which a new
permit (rather than |
| 4 | | the renewal or amendment of an existing permit) is
required, |
| 5 | | such sanitary district shall hold a public hearing within the
|
| 6 | | municipality within which the proposed facility is to be |
| 7 | | located, or within the
nearest community if the proposed |
| 8 | | facility is to be located within an
unincorporated area, at |
| 9 | | which information concerning the proposed facility
shall be |
| 10 | | made available to the public, and members of the public shall |
| 11 | | be given
the opportunity to express their views concerning the |
| 12 | | proposed facility.
|
| 13 | | The Agency may issue a permit for a municipal waste |
| 14 | | transfer station
without requiring approval pursuant to |
| 15 | | Section 39.2 provided that the following
demonstration is made:
|
| 16 | | (1) the municipal waste transfer station was in |
| 17 | | existence on or before
January 1, 1979 and was in |
| 18 | | continuous operation from January 1, 1979 to January
1, |
| 19 | | 1993;
|
| 20 | | (2) the operator submitted a permit application to the |
| 21 | | Agency to develop
and operate the municipal waste transfer |
| 22 | | station during April of 1994;
|
| 23 | | (3) the operator can demonstrate that the county board |
| 24 | | of the county, if
the municipal waste transfer station is |
| 25 | | in an unincorporated area, or the
governing body of the |
| 26 | | municipality, if the station is in an incorporated area,
|
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| 1 | | does not object to resumption of the operation of the |
| 2 | | station; and
|
| 3 | | (4) the site has local zoning approval.
|
| 4 | | (d) The Agency may issue RCRA permits exclusively under |
| 5 | | this
subsection to persons owning or operating a facility for |
| 6 | | the treatment,
storage, or disposal of hazardous waste as |
| 7 | | defined under this Act.
|
| 8 | | All RCRA permits shall contain those terms and conditions, |
| 9 | | including but
not limited to schedules of compliance, which may |
| 10 | | be required to accomplish
the purposes and provisions of this |
| 11 | | Act. The Agency may include among such
conditions standards and |
| 12 | | other requirements established under this Act,
Board |
| 13 | | regulations, the Resource Conservation and Recovery Act of 1976 |
| 14 | | (P.L.
94-580), as amended, and regulations pursuant thereto, |
| 15 | | and may include
schedules for achieving compliance therewith as |
| 16 | | soon as possible. The
Agency shall require that a performance |
| 17 | | bond or other security be provided
as a condition for the |
| 18 | | issuance of a RCRA permit.
|
| 19 | | In the case of a permit to operate a hazardous waste or PCB |
| 20 | | incinerator
as defined in subsection (k) of Section 44, the |
| 21 | | Agency shall require, as a
condition of the permit, that the |
| 22 | | operator of the facility perform such
analyses of the waste to |
| 23 | | be incinerated as may be necessary and appropriate
to ensure |
| 24 | | the safe operation of the incinerator.
|
| 25 | | The Agency shall adopt filing requirements and procedures |
| 26 | | which
are necessary and appropriate for the issuance of RCRA |
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| 1 | | permits, and which
are consistent with the Act or regulations |
| 2 | | adopted by the Board, and with
the Resource Conservation and |
| 3 | | Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations |
| 4 | | pursuant thereto.
|
| 5 | | The applicant shall make available to the public for |
| 6 | | inspection all
documents submitted by the applicant to the |
| 7 | | Agency in furtherance
of an application, with the exception of |
| 8 | | trade secrets, at the office of
the county board or governing |
| 9 | | body of the municipality. Such documents
may be copied upon |
| 10 | | payment of the actual cost of reproduction during regular
|
| 11 | | business hours of the local office. The Agency shall issue a |
| 12 | | written statement
concurrent with its grant or denial of the |
| 13 | | permit explaining the basis for its
decision.
|
| 14 | | (e) The Agency may issue UIC permits exclusively under this
|
| 15 | | subsection to persons owning or operating a facility for the |
| 16 | | underground
injection of contaminants as defined under this |
| 17 | | Act.
|
| 18 | | All UIC permits shall contain those terms and conditions, |
| 19 | | including but
not limited to schedules of compliance, which may |
| 20 | | be required to accomplish
the purposes and provisions of this |
| 21 | | Act. The Agency may include among such
conditions standards and |
| 22 | | other requirements established under this Act,
Board |
| 23 | | regulations, the Safe Drinking Water Act (P.L. 93-523), as |
| 24 | | amended,
and regulations pursuant thereto, and may include |
| 25 | | schedules for achieving
compliance therewith. The Agency shall |
| 26 | | require that a performance bond or
other security be provided |
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| 1 | | as a condition for the issuance of a UIC permit.
|
| 2 | | The Agency shall adopt filing requirements and procedures |
| 3 | | which
are necessary and appropriate for the issuance of UIC |
| 4 | | permits, and which
are consistent with the Act or regulations |
| 5 | | adopted by the Board, and with
the Safe Drinking Water Act |
| 6 | | (P.L. 93-523), as amended, and regulations
pursuant thereto.
|
| 7 | | The applicant shall make available to the public for |
| 8 | | inspection, all
documents submitted by the applicant to the |
| 9 | | Agency in furtherance of an
application, with the exception of |
| 10 | | trade secrets, at the office of the county
board or governing |
| 11 | | body of the municipality. Such documents may be copied upon
|
| 12 | | payment of the actual cost of reproduction during regular |
| 13 | | business hours of the
local office. The Agency shall issue a |
| 14 | | written statement concurrent with its
grant or denial of the |
| 15 | | permit explaining the basis for its decision.
|
| 16 | | (f) In making any determination pursuant to Section 9.1 of |
| 17 | | this Act:
|
| 18 | | (1) The Agency shall have authority to make the |
| 19 | | determination of any
question required to be determined by |
| 20 | | the Clean Air Act, as now or
hereafter amended, this Act, |
| 21 | | or the regulations of the Board, including the
|
| 22 | | determination of the Lowest Achievable Emission Rate, |
| 23 | | Maximum Achievable
Control Technology, or Best Available |
| 24 | | Control Technology, consistent with the
Board's |
| 25 | | regulations, if any.
|
| 26 | | (2) The Agency shall adopt requirements as necessary to |
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| 1 | | implement public participation procedures, including, but |
| 2 | | not limited to, public notice, comment, and an opportunity |
| 3 | | for hearing, which must accompany the processing of |
| 4 | | applications for PSD permits. The Agency shall briefly |
| 5 | | describe and respond to all significant comments on the |
| 6 | | draft permit raised during the public comment period or |
| 7 | | during any hearing. The Agency may group related comments |
| 8 | | together and provide one unified response for each issue |
| 9 | | raised. |
| 10 | | (3) Any complete permit application submitted to the |
| 11 | | Agency under this subsection for a PSD permit shall be |
| 12 | | granted or denied by the Agency not later than one year |
| 13 | | after the filing of such completed application. |
| 14 | | (4) The Agency shall, after conferring with the |
| 15 | | applicant, give written
notice to the applicant of its |
| 16 | | proposed decision on the application including
the terms |
| 17 | | and conditions of the permit to be issued and the facts, |
| 18 | | conduct
or other basis upon which the Agency will rely to |
| 19 | | support its proposed action.
|
| 20 | | (g) The Agency shall include as conditions upon all permits |
| 21 | | issued for
hazardous waste disposal sites such restrictions |
| 22 | | upon the future use
of such sites as are reasonably necessary |
| 23 | | to protect public health and
the environment, including |
| 24 | | permanent prohibition of the use of such
sites for purposes |
| 25 | | which may create an unreasonable risk of injury to human
health |
| 26 | | or to the environment. After administrative and judicial |
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| 1 | | challenges
to such restrictions have been exhausted, the Agency |
| 2 | | shall file such
restrictions of record in the Office of the |
| 3 | | Recorder of the county in which
the hazardous waste disposal |
| 4 | | site is located.
|
| 5 | | (h) A hazardous waste stream may not be deposited in a |
| 6 | | permitted hazardous
waste site unless specific authorization |
| 7 | | is obtained from the Agency by the
generator and disposal site |
| 8 | | owner and operator for the deposit of that specific
hazardous |
| 9 | | waste stream. The Agency may grant specific authorization for
|
| 10 | | disposal of hazardous waste streams only after the generator |
| 11 | | has reasonably
demonstrated that, considering
technological |
| 12 | | feasibility and economic reasonableness, the hazardous waste
|
| 13 | | cannot be reasonably recycled for reuse, nor incinerated or |
| 14 | | chemically,
physically or biologically treated so as to |
| 15 | | neutralize the hazardous waste
and render it nonhazardous. In |
| 16 | | granting authorization under this Section,
the Agency may |
| 17 | | impose such conditions as may be necessary to accomplish
the |
| 18 | | purposes of the Act and are consistent with this Act and |
| 19 | | regulations
promulgated by the Board hereunder. If the Agency |
| 20 | | refuses to grant
authorization under this Section, the |
| 21 | | applicant may appeal as if the Agency
refused to grant a |
| 22 | | permit, pursuant to the provisions of subsection (a) of
Section |
| 23 | | 40 of this Act. For purposes of this subsection (h), the term
|
| 24 | | "generator" has the meaning given in Section 3.205 of this Act,
|
| 25 | | unless: (1) the hazardous waste is treated, incinerated, or |
| 26 | | partially recycled
for reuse prior to disposal, in which case |
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| 1 | | the last person who treats,
incinerates, or partially recycles |
| 2 | | the hazardous waste prior to disposal is the
generator; or (2) |
| 3 | | the hazardous waste is from a response action, in which case
|
| 4 | | the person performing the response action is the generator. |
| 5 | | This subsection
(h) does not apply to any hazardous waste that |
| 6 | | is restricted from land disposal
under 35 Ill. Adm. Code 728.
|
| 7 | | (i) Before issuing any RCRA permit, any permit for a waste |
| 8 | | storage site,
sanitary landfill, waste disposal site, waste |
| 9 | | transfer station, waste treatment
facility, waste incinerator, |
| 10 | | or any waste-transportation operation, any permit or interim |
| 11 | | authorization for a clean construction or demolition debris |
| 12 | | fill operation, or any permit required under subsection (d-5) |
| 13 | | of Section 55, the Agency
shall conduct an evaluation of the |
| 14 | | prospective owner's or operator's prior
experience in waste |
| 15 | | management operations, clean construction or demolition debris |
| 16 | | fill operations, and tire storage site management. The Agency |
| 17 | | may deny such a permit, or deny or revoke interim |
| 18 | | authorization,
if the prospective owner or operator or any |
| 19 | | employee or officer of the
prospective owner or operator has a |
| 20 | | history of:
|
| 21 | | (1) repeated violations of federal, State, or local |
| 22 | | laws, regulations,
standards, or ordinances in the |
| 23 | | operation of waste management facilities or
sites, clean |
| 24 | | construction or demolition debris fill operation |
| 25 | | facilities or sites, or tire storage sites; or
|
| 26 | | (2) conviction in this or another State of any crime |
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| 1 | | which is a felony
under the laws of this State, or |
| 2 | | conviction of a felony in a federal court; or conviction in |
| 3 | | this or another state or federal court of any of the |
| 4 | | following crimes: forgery, official misconduct, bribery, |
| 5 | | perjury, or knowingly submitting false information under |
| 6 | | any environmental law, regulation, or permit term or |
| 7 | | condition; or
|
| 8 | | (3) proof of gross carelessness or incompetence in |
| 9 | | handling, storing,
processing, transporting or disposing |
| 10 | | of waste, clean construction or demolition debris, or used |
| 11 | | or waste tires, or proof of gross carelessness or |
| 12 | | incompetence in using clean construction or demolition |
| 13 | | debris as fill.
|
| 14 | | (i-5) Before issuing any permit or approving any interim |
| 15 | | authorization for a clean construction or demolition debris |
| 16 | | fill operation in which any ownership interest is transferred |
| 17 | | between January 1, 2005, and the effective date of the |
| 18 | | prohibition set forth in Section 22.52 of this Act, the Agency |
| 19 | | shall conduct an evaluation of the operation if any previous |
| 20 | | activities at the site or facility may have caused or allowed |
| 21 | | contamination of the site. It shall be the responsibility of |
| 22 | | the owner or operator seeking the permit or interim |
| 23 | | authorization to provide to the Agency all of the information |
| 24 | | necessary for the Agency to conduct its evaluation. The Agency |
| 25 | | may deny a permit or interim authorization if previous |
| 26 | | activities at the site may have caused or allowed contamination |
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| 1 | | at the site, unless such contamination is authorized under any |
| 2 | | permit issued by the Agency.
|
| 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, location |
| 7 | | 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 a |
| 10 | | permit under subsection (d) of
Section 21 shall expire at the |
| 11 | | end of 2 calendar years from the date upon which
it was issued, |
| 12 | | unless within that period the applicant has taken action to
|
| 13 | | develop the facility or the site. In the event that review of |
| 14 | | the
conditions of the development permit is sought pursuant to |
| 15 | | Section 40 or
41, or permittee is prevented from commencing |
| 16 | | development of the facility
or site by any other litigation |
| 17 | | beyond the permittee's control, such
two-year period shall be |
| 18 | | deemed to begin on the date upon which such review
process or |
| 19 | | litigation is concluded.
|
| 20 | | (l) No permit shall be issued by the Agency under this Act |
| 21 | | for
construction or operation of any facility or site located |
| 22 | | within the
boundaries of any setback zone established pursuant |
| 23 | | 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 |
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| 1 | | granting such permits, the Agency
may impose such conditions as |
| 2 | | may be necessary to accomplish the purposes of
this Act, and as |
| 3 | | are not inconsistent with applicable regulations promulgated
|
| 4 | | by the Board. Except as otherwise provided in this Act, a bond |
| 5 | | or other
security shall not be required as a condition for the |
| 6 | | issuance of a permit. If
the Agency denies any permit pursuant |
| 7 | | to this subsection, the Agency shall
transmit to the applicant |
| 8 | | within the time limitations of this subsection
specific, |
| 9 | | detailed statements as to the reasons the permit application |
| 10 | | was
denied. Such statements shall include but not be limited to |
| 11 | | the following:
|
| 12 | | (1) the Sections of this Act that may be violated if |
| 13 | | the permit
were granted;
|
| 14 | | (2) the specific regulations promulgated pursuant to |
| 15 | | this
Act that may be violated if the permit were granted;
|
| 16 | | (3) the specific information, if any, the Agency deems |
| 17 | | the
applicant did not provide in its application to the |
| 18 | | Agency; and
|
| 19 | | (4) a statement of specific reasons why the Act and the |
| 20 | | regulations
might be violated if the permit were granted.
|
| 21 | | If no final action is taken by the Agency within 90 days |
| 22 | | after the filing
of the application for permit, the applicant |
| 23 | | may deem the permit issued.
Any applicant for a permit may |
| 24 | | waive the 90-day limitation by filing a
written statement with |
| 25 | | the Agency.
|
| 26 | | The Agency shall issue permits for such facilities upon |
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| 1 | | receipt of an
application that includes a legal description of |
| 2 | | the site, a topographic
map of the site drawn to the scale of |
| 3 | | 200 feet to the inch or larger, a
description of the operation, |
| 4 | | including the area served, an estimate of
the volume of |
| 5 | | materials to be processed, and documentation that:
|
| 6 | | (1) the facility includes a setback of at
least 200 |
| 7 | | feet from the nearest potable water supply well;
|
| 8 | | (2) the facility is located outside the boundary
of the |
| 9 | | 10-year floodplain or the site will be floodproofed;
|
| 10 | | (3) the facility is located so as to minimize
|
| 11 | | incompatibility with the character of the surrounding |
| 12 | | area, including at
least a 200 foot setback from any |
| 13 | | residence, and in the case of a
facility that is developed |
| 14 | | or the permitted composting area of which is
expanded after |
| 15 | | November 17, 1991, the composting area is located at least |
| 16 | | 1/8
mile from the nearest residence (other than a residence |
| 17 | | located on the same
property as the facility);
|
| 18 | | (4) the design of the facility will prevent any compost |
| 19 | | material from
being placed within 5 feet of the water |
| 20 | | table, will adequately control runoff
from the site, and |
| 21 | | will collect and manage any leachate that is generated on
|
| 22 | | the site;
|
| 23 | | (5) the operation of the facility will include |
| 24 | | appropriate dust
and odor control measures, limitations on |
| 25 | | operating hours, appropriate
noise control measures for |
| 26 | | shredding, chipping and similar equipment,
management |
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| 1 | | procedures for composting, containment and disposal of
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| 2 | | non-compostable wastes, procedures to be used for
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| 3 | | terminating operations at the site, and recordkeeping |
| 4 | | sufficient to
document the amount of materials received, |
| 5 | | composted and otherwise
disposed of; and
|
| 6 | | (6) the operation will be conducted in accordance with |
| 7 | | any applicable
rules adopted by the Board.
|
| 8 | | The Agency shall issue renewable permits of not longer than |
| 9 | | 10 years
in duration for the composting of landscape wastes, as |
| 10 | | defined in Section
3.155 of this Act, based on the above |
| 11 | | requirements.
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| 12 | | The operator of any facility permitted under this |
| 13 | | subsection (m) must
submit a written annual statement to the |
| 14 | | Agency on or before April 1 of
each year that includes an |
| 15 | | estimate of the amount of material, in tons,
received for |
| 16 | | composting.
|
| 17 | | (n) The Agency shall issue permits jointly with the |
| 18 | | Department of
Transportation for the dredging or deposit of |
| 19 | | material in Lake Michigan in
accordance with Section 18 of the |
| 20 | | Rivers, Lakes, and Streams Act.
|
| 21 | | (o) (Blank.)
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| 22 | | (p) (1) Any person submitting an application for a permit |
| 23 | | for a new MSWLF
unit or for a lateral expansion under |
| 24 | | subsection (t) of Section 21 of this Act
for an existing MSWLF |
| 25 | | unit that has not received and is not subject to local
siting |
| 26 | | approval under Section 39.2 of this Act shall publish notice of |
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| 1 | | the
application in a newspaper of general circulation in the |
| 2 | | county in which the
MSWLF unit is or is proposed to be located. |
| 3 | | The notice must be published at
least 15 days before submission |
| 4 | | of the permit application to the Agency. The
notice shall state |
| 5 | | the name and address of the applicant, the location of the
|
| 6 | | MSWLF unit or proposed MSWLF unit, the nature and size of the |
| 7 | | MSWLF unit or
proposed MSWLF unit, the nature of the activity |
| 8 | | proposed, the probable life of
the proposed activity, the date |
| 9 | | the permit application will be submitted, and a
statement that |
| 10 | | persons may file written comments with the Agency concerning |
| 11 | | the
permit application within 30 days after the filing of the |
| 12 | | permit application
unless the time period to submit comments is |
| 13 | | extended by the Agency.
|
| 14 | | When a permit applicant submits information to the Agency |
| 15 | | to supplement a
permit application being reviewed by the |
| 16 | | Agency, the applicant shall not be
required to reissue the |
| 17 | | notice under this subsection.
|
| 18 | | (2) The Agency shall accept written comments concerning the |
| 19 | | permit
application that are postmarked no later than 30 days |
| 20 | | after the
filing of the permit application, unless the time |
| 21 | | period to accept comments is
extended by the Agency.
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| 22 | | (3) Each applicant for a permit described in part (1) of |
| 23 | | this subsection
shall file a
copy of the permit application |
| 24 | | with the county board or governing body of the
municipality in |
| 25 | | which the MSWLF unit is or is proposed to be located at the
|
| 26 | | same time the application is submitted to the Agency. The |
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| 1 | | permit application
filed with the county board or governing |
| 2 | | body of the municipality shall include
all documents submitted |
| 3 | | to or to be submitted to the Agency, except trade
secrets as |
| 4 | | determined under Section 7.1 of this Act. The permit |
| 5 | | application
and other documents on file with the county board |
| 6 | | or governing body of the
municipality shall be made available |
| 7 | | for public inspection during regular
business hours at the |
| 8 | | office of the county board or the governing body of the
|
| 9 | | municipality and may be copied upon payment of the actual cost |
| 10 | | of
reproduction.
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| 11 | | (q) Within 6 months after July 12, 2011 (the effective date |
| 12 | | of Public Act 97-95), the Agency, in consultation with the |
| 13 | | regulated community, shall develop a web portal to be posted on |
| 14 | | its website for the purpose of enhancing review and promoting |
| 15 | | timely issuance of permits required by this Act. At a minimum, |
| 16 | | the Agency shall make the following information available on |
| 17 | | the web portal: |
| 18 | | (1) Checklists and guidance relating to the completion |
| 19 | | of permit applications, developed pursuant to subsection |
| 20 | | (s) of this Section, which may include, but are not limited |
| 21 | | to, existing instructions for completing the applications |
| 22 | | and examples of complete applications. As the Agency |
| 23 | | develops new checklists and develops guidance, it shall |
| 24 | | supplement the web portal with those materials. |
| 25 | | (2) Within 2 years after July 12, 2011 (the effective |
| 26 | | date of Public Act 97-95), permit application forms or |
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| 1 | | portions of permit applications that can be completed and |
| 2 | | saved electronically, and submitted to the Agency |
| 3 | | electronically with digital signatures. |
| 4 | | (3) Within 2 years after July 12, 2011 (the effective |
| 5 | | date of Public Act 97-95), an online tracking system where |
| 6 | | an applicant may review the status of its pending |
| 7 | | application, including the name and contact information of |
| 8 | | the permit analyst assigned to the application. Until the |
| 9 | | online tracking system has been developed, the Agency shall |
| 10 | | post on its website semi-annual permitting efficiency |
| 11 | | tracking reports that include statistics on the timeframes |
| 12 | | for Agency action on the following types of permits |
| 13 | | received after July 12, 2011 (the effective date of Public |
| 14 | | Act 97-95): air construction permits, new NPDES permits and |
| 15 | | associated water construction permits, and modifications |
| 16 | | of major NPDES permits and associated water construction |
| 17 | | permits. The reports must be posted by February 1 and |
| 18 | | August 1 each year and shall include: |
| 19 | | (A) the number of applications received for each |
| 20 | | type of permit, the number of applications on which the |
| 21 | | Agency has taken action, and the number of applications |
| 22 | | still pending; and |
| 23 | | (B) for those applications where the Agency has not |
| 24 | | taken action in accordance with the timeframes set |
| 25 | | forth in this Act, the date the application was |
| 26 | | received and the reasons for any delays, which may |
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| 1 | | include, but shall not be limited to, (i) the |
| 2 | | application being inadequate or incomplete, (ii) |
| 3 | | scientific or technical disagreements with the |
| 4 | | applicant, USEPA, or other local, state, or federal |
| 5 | | agencies involved in the permitting approval process, |
| 6 | | (iii) public opposition to the permit, or (iv) Agency |
| 7 | | staffing shortages. To the extent practicable, the |
| 8 | | tracking report shall provide approximate dates when |
| 9 | | cause for delay was identified by the Agency, when the |
| 10 | | Agency informed the applicant of the problem leading to |
| 11 | | the delay, and when the applicant remedied the reason |
| 12 | | for the delay. |
| 13 | | (r) Upon the request of the applicant, the Agency shall |
| 14 | | notify the applicant of the permit analyst assigned to the |
| 15 | | application upon its receipt. |
| 16 | | (s) The Agency is authorized to prepare and distribute |
| 17 | | guidance documents relating to its administration of this |
| 18 | | Section and procedural rules implementing this Section. |
| 19 | | Guidance documents prepared under this subsection shall not be |
| 20 | | considered rules and shall not be subject to the Illinois |
| 21 | | Administrative Procedure Act. Such guidance shall not be |
| 22 | | binding on any party. |
| 23 | | (t) Except as otherwise prohibited by federal law or |
| 24 | | regulation, any person submitting an application for a permit |
| 25 | | may include with the application suggested permit language for |
| 26 | | Agency consideration. The Agency is not obligated to use the |
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| 1 | | suggested language or any portion thereof in its permitting |
| 2 | | decision. If requested by the permit applicant, the Agency |
| 3 | | shall meet with the applicant to discuss the suggested |
| 4 | | language. |
| 5 | | (u) If requested by the permit applicant, the Agency shall |
| 6 | | provide the permit applicant with a copy of the draft permit |
| 7 | | prior to any public review period. |
| 8 | | (v) If requested by the permit applicant, the Agency shall |
| 9 | | provide the permit applicant with a copy of the final permit |
| 10 | | prior to its issuance. |
| 11 | | (w) An air pollution permit shall not be required due to |
| 12 | | emissions of greenhouse gases, as specified by Section 9.15 of |
| 13 | | this Act. |
| 14 | | (x) If, before the expiration of a State operating permit |
| 15 | | that is issued pursuant to subsection (a) of this Section and |
| 16 | | contains federally enforceable conditions limiting the |
| 17 | | potential to emit of the source to a level below the major |
| 18 | | source threshold for that source so as to exclude the source |
| 19 | | from the Clean Air Act Permit Program, the Agency receives a |
| 20 | | complete application for the renewal of that permit, then all |
| 21 | | of the terms and conditions of the permit shall remain in |
| 22 | | effect until final administrative action has been taken on the |
| 23 | | application for the renewal of the permit. |
| 24 | | (Source: P.A. 98-284, eff. 8-9-13; 99-396, eff. 8-18-15; |
| 25 | | 99-463, eff. 1-1-16; 99-642, eff. 7-28-16.)
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| 1 | | (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) |
| 2 | | Sec. 42. Civil penalties. |
| 3 | | (a) Except as provided in this Section, any person that |
| 4 | | violates any
provision of this Act or any regulation adopted by |
| 5 | | the Board, or any permit
or term or condition thereof, or that |
| 6 | | violates any order of the Board pursuant
to this Act, shall be |
| 7 | | liable for a civil penalty of not to exceed
$50,000 for the |
| 8 | | violation and an additional civil penalty of not to exceed
|
| 9 | | $10,000 for each day during which the violation continues; such |
| 10 | | penalties may,
upon order of the Board or a court of competent |
| 11 | | jurisdiction, be made payable
to the Environmental Protection |
| 12 | | Trust Fund, to be used in accordance with the
provisions of the |
| 13 | | Environmental Protection Trust Fund Act. |
| 14 | | (b) Notwithstanding the provisions of subsection (a) of |
| 15 | | this Section: |
| 16 | | (1) Any person that violates Section 12(f) of this Act |
| 17 | | or any
NPDES permit or term or condition thereof, or any |
| 18 | | filing requirement,
regulation or order relating to the |
| 19 | | NPDES permit program, shall be liable
to a civil penalty of |
| 20 | | not to exceed $10,000 per day of violation. |
| 21 | | (2) Any person that violates Section 12(g) of this Act |
| 22 | | or any UIC permit
or term or condition thereof, or any |
| 23 | | filing requirement, regulation or order
relating to the |
| 24 | | State UIC program for all wells, except Class II wells as
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| 25 | | defined by the Board under this Act, shall be liable to a |
| 26 | | civil penalty
not to exceed $2,500 per day of violation; |
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| 1 | | provided, however, that any person
who commits such |
| 2 | | violations relating to the State UIC program for Class
II |
| 3 | | wells, as defined by the Board under this Act, shall be |
| 4 | | liable to a civil
penalty of not to exceed $10,000 for the |
| 5 | | violation and an additional civil
penalty of not to exceed |
| 6 | | $1,000 for each day during which the violation
continues. |
| 7 | | (3) Any person that violates Sections 21(f), 21(g), |
| 8 | | 21(h) or 21(i) of
this Act, or any RCRA permit or term or |
| 9 | | condition thereof, or any filing
requirement, regulation |
| 10 | | or order relating to the State RCRA program, shall
be |
| 11 | | liable to a civil penalty of not to exceed $25,000 per day |
| 12 | | of violation. |
| 13 | | (4)
In an administrative citation action under Section |
| 14 | | 31.1 of this Act,
any person found to have violated any |
| 15 | | provision of subsection (o) of
Section 21 of this Act shall |
| 16 | | pay a civil penalty of $500 for each
violation of each such |
| 17 | | provision, plus any hearing costs incurred by the Board
and |
| 18 | | the Agency. Such penalties shall be made payable to the |
| 19 | | Environmental
Protection Trust Fund, to be used in |
| 20 | | accordance with the provisions of the
Environmental |
| 21 | | Protection Trust Fund Act; except that if a unit of local
|
| 22 | | government issued the administrative citation, 50% of the |
| 23 | | civil penalty shall
be payable to the unit of local |
| 24 | | government. |
| 25 | | (4-5) In an administrative citation action under |
| 26 | | Section 31.1 of this
Act, any person found to have violated |
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| 1 | | any
provision of subsection (p) of
Section 21, Section |
| 2 | | 22.51, Section 22.51a, or subsection (k) of Section 55 of |
| 3 | | this Act, or any rule adopted under Section 22.51 or |
| 4 | | Section 22.51a of this Act, shall pay a civil penalty of |
| 5 | | $1,500 for each violation
of
each such provision, plus any |
| 6 | | hearing costs incurred by the Board and the
Agency, except |
| 7 | | that the civil penalty amount shall be $3,000 for
each |
| 8 | | violation of any provision of subsection (p) of Section 21, |
| 9 | | Section 22.51, Section 22.51a, or subsection (k) of Section |
| 10 | | 55, or any rule adopted under Section 22.51 or Section |
| 11 | | 22.51a of this Act, that is the
person's second or |
| 12 | | subsequent adjudicated adjudication violation of that
|
| 13 | | provision. The penalties shall be deposited into the
|
| 14 | | Environmental Protection Trust Fund, to be used in |
| 15 | | accordance with the
provisions of the Environmental |
| 16 | | Protection Trust Fund Act; except that if a
unit of local |
| 17 | | government issued the administrative citation, 50% of the |
| 18 | | civil
penalty shall be payable to the unit of local |
| 19 | | government. |
| 20 | | (5) Any person who violates subsection 6 of Section |
| 21 | | 39.5 of this Act
or any CAAPP permit, or term or condition |
| 22 | | thereof, or any fee or filing
requirement, or any duty to |
| 23 | | allow or carry out inspection, entry or
monitoring |
| 24 | | activities, or any regulation or order relating to the |
| 25 | | CAAPP
shall be liable for a civil penalty not to exceed |
| 26 | | $10,000 per day of violation. |
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| 1 | | (6) Any owner or operator of a community water system |
| 2 | | that violates subsection (b) of Section 18.1 or subsection |
| 3 | | (a) of Section 25d-3 of this Act shall, for each day of |
| 4 | | violation, be liable for a civil penalty not to exceed $5 |
| 5 | | for each of the premises connected to the affected |
| 6 | | community water system. |
| 7 | | (7) Any person who violates Section 52.5 of this Act |
| 8 | | shall be liable for a civil penalty of up to $1,000 for the |
| 9 | | first violation of that Section and a civil penalty of up |
| 10 | | to $2,500 for a second or subsequent violation of that |
| 11 | | Section. |
| 12 | | (b.5) In lieu of the penalties set forth in subsections (a) |
| 13 | | and (b) of
this Section, any person who fails to file, in a |
| 14 | | timely manner, toxic
chemical release forms with the Agency |
| 15 | | pursuant to Section 25b-2
of this Act
shall be liable for a |
| 16 | | civil penalty of $100 per day for
each day the forms are
late, |
| 17 | | not to exceed a maximum total penalty of $6,000. This daily |
| 18 | | penalty
shall begin accruing on the thirty-first day after the
|
| 19 | | date that the person receives the warning notice issued by the |
| 20 | | Agency pursuant
to Section 25b-6 of this Act; and the penalty |
| 21 | | shall be paid to the Agency. The
daily accrual of penalties |
| 22 | | shall cease as of January 1 of the following year.
All |
| 23 | | penalties collected by the Agency pursuant to this subsection |
| 24 | | shall be
deposited into the Environmental Protection Permit and |
| 25 | | Inspection Fund. |
| 26 | | (c) Any person that violates this Act, any rule or |
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| 1 | | regulation adopted under
this Act, any permit or term or |
| 2 | | condition of a permit, or any Board order and
causes the death |
| 3 | | of fish
or aquatic life shall, in addition to the other |
| 4 | | penalties provided by
this Act, be liable to pay to the State |
| 5 | | an additional sum for the
reasonable value of the fish or |
| 6 | | aquatic life destroyed. Any money so
recovered shall be placed |
| 7 | | in the Wildlife and Fish Fund in the State
Treasury. |
| 8 | | (d) The penalties provided for in this Section may be |
| 9 | | recovered in a
civil action. |
| 10 | | (e) The State's Attorney of the county in which the |
| 11 | | violation
occurred, or the Attorney General, may, at the |
| 12 | | request of the Agency or
on his own motion, institute a civil |
| 13 | | action for an injunction, prohibitory or mandatory, to
restrain |
| 14 | | violations of this Act, any rule or regulation adopted under |
| 15 | | this Act,
any permit or term or condition of a permit, or any |
| 16 | | Board order, or to require such other actions as may be |
| 17 | | necessary to address violations of this Act, any rule or |
| 18 | | regulation adopted under this Act, any permit or term or |
| 19 | | condition of a permit, or any Board order. |
| 20 | | (f) The State's Attorney of the county in which the |
| 21 | | violation
occurred, or the Attorney General, shall bring such |
| 22 | | actions in the name
of the people of the State of Illinois.
|
| 23 | | Without limiting any other authority which may exist for the |
| 24 | | awarding
of attorney's fees and costs, the Board or a court of |
| 25 | | competent
jurisdiction may award costs and reasonable |
| 26 | | attorney's fees, including the
reasonable costs of expert |
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| 1 | | witnesses and consultants, to the State's
Attorney or the |
| 2 | | Attorney General in a case where he has prevailed against a
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| 3 | | person who has committed a willful wilful, knowing, or repeated |
| 4 | | violation of this Act,
any rule or regulation adopted under |
| 5 | | this Act, any permit or term or condition
of a permit, or any |
| 6 | | Board order. |
| 7 | | Any funds collected under this subsection (f) in which the |
| 8 | | Attorney
General has prevailed shall be deposited in the
|
| 9 | | Hazardous Waste Fund created in Section 22.2 of this Act. Any |
| 10 | | funds
collected under this subsection (f) in which a State's |
| 11 | | Attorney has
prevailed shall be retained by the county in which |
| 12 | | he serves. |
| 13 | | (g) All final orders imposing civil penalties pursuant to |
| 14 | | this Section
shall prescribe the time for payment of such |
| 15 | | penalties. If any such
penalty is not paid within the time |
| 16 | | prescribed, interest on such penalty
at the rate set forth in |
| 17 | | subsection (a) of Section 1003 of the Illinois Income
Tax Act, |
| 18 | | shall be paid for the period from the date payment is due until |
| 19 | | the
date payment is received. However, if the time for payment |
| 20 | | is stayed during
the pendency of an appeal, interest shall not |
| 21 | | accrue during such stay. |
| 22 | | (h) In determining the appropriate civil penalty to be |
| 23 | | imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), |
| 24 | | (b)(5), (b)(6), or (b)(7) of this
Section, the Board is |
| 25 | | authorized to consider any matters of record in
mitigation or |
| 26 | | aggravation of penalty, including, but not limited to, the
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| 1 | | following factors: |
| 2 | | (1) the duration and gravity of the violation; |
| 3 | | (2) the presence or absence of due diligence on the |
| 4 | | part of the
respondent in attempting to comply with |
| 5 | | requirements of this
Act and regulations thereunder or to |
| 6 | | secure relief therefrom as provided by
this Act; |
| 7 | | (3) any economic benefits accrued by the respondent
|
| 8 | | because of delay in compliance with requirements, in which |
| 9 | | case the economic
benefits shall be determined by the |
| 10 | | lowest cost alternative for achieving
compliance; |
| 11 | | (4) the amount of monetary penalty which will serve to |
| 12 | | deter further
violations by the respondent and to otherwise |
| 13 | | aid in enhancing
voluntary
compliance with this Act by the |
| 14 | | respondent and other persons
similarly
subject to the Act; |
| 15 | | (5) the number, proximity in time, and gravity of |
| 16 | | previously
adjudicated violations of this Act by the |
| 17 | | respondent; |
| 18 | | (6) whether the respondent voluntarily self-disclosed, |
| 19 | | in accordance
with subsection (i) of this Section, the |
| 20 | | non-compliance to the Agency; |
| 21 | | (7) whether the respondent has agreed to undertake a |
| 22 | | "supplemental
environmental project"," which means an |
| 23 | | environmentally beneficial project that
a respondent |
| 24 | | agrees to undertake in settlement of an enforcement action |
| 25 | | brought
under this Act, but which the respondent is not |
| 26 | | otherwise legally required to
perform; and |
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| 1 | | (8) whether the respondent has successfully completed |
| 2 | | a Compliance Commitment Agreement under subsection (a) of |
| 3 | | Section 31 of this Act to remedy the violations that are |
| 4 | | the subject of the complaint. |
| 5 | | In determining the appropriate civil penalty to be imposed |
| 6 | | under subsection
(a) or paragraph (1), (2), (3), (5), (6), or |
| 7 | | (7) of subsection (b) of this Section, the
Board shall ensure, |
| 8 | | in all cases, that the penalty is at least as great as the
|
| 9 | | economic benefits, if any, accrued by the respondent as a |
| 10 | | result of the
violation, unless the Board finds that imposition |
| 11 | | of such penalty would result
in an arbitrary or unreasonable |
| 12 | | financial hardship. However, such civil
penalty
may be off-set |
| 13 | | in whole or in part pursuant to a supplemental
environmental |
| 14 | | project agreed to by the complainant and the respondent. |
| 15 | | (i) A person who voluntarily self-discloses non-compliance |
| 16 | | to the Agency,
of which the Agency had been unaware, is |
| 17 | | entitled to a 100% reduction in the
portion of the penalty that |
| 18 | | is not based on the economic benefit of
non-compliance if the |
| 19 | | person can
establish the following: |
| 20 | | (1) that either the regulated entity is a small entity |
| 21 | | or the non-compliance was discovered through an |
| 22 | | environmental
audit or a compliance management system |
| 23 | | documented by the regulated entity as
reflecting the |
| 24 | | regulated entity's due diligence in preventing, detecting, |
| 25 | | and
correcting violations; |
| 26 | | (2) that the non-compliance was disclosed in writing |
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| 1 | | within 30 days of
the date on which the person discovered |
| 2 | | it; |
| 3 | | (3) that the non-compliance was discovered and |
| 4 | | disclosed prior to: |
| 5 | | (i) the commencement of an Agency inspection, |
| 6 | | investigation, or request
for information; |
| 7 | | (ii) notice of a citizen suit; |
| 8 | | (iii) the filing of a complaint by a citizen, the |
| 9 | | Illinois Attorney
General, or the State's Attorney of |
| 10 | | the county in which the violation occurred; |
| 11 | | (iv) the reporting of the non-compliance by an |
| 12 | | employee of the person
without that person's |
| 13 | | knowledge; or |
| 14 | | (v) imminent discovery of the non-compliance by |
| 15 | | the Agency; |
| 16 | | (4) that the non-compliance is being corrected and any |
| 17 | | environmental
harm is being remediated in a timely fashion; |
| 18 | | (5) that the person agrees to prevent a recurrence of |
| 19 | | the non-compliance; |
| 20 | | (6) that no related non-compliance events have |
| 21 | | occurred in the
past 3 years at the same facility or in the |
| 22 | | past 5 years as part of a
pattern at multiple facilities |
| 23 | | owned or operated by the person; |
| 24 | | (7) that the non-compliance did not result in serious |
| 25 | | actual
harm or present an imminent and substantial |
| 26 | | endangerment to human
health or the environment or violate |
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| 1 | | the specific terms of any judicial or
administrative order |
| 2 | | or consent agreement; |
| 3 | | (8) that the person cooperates as reasonably requested |
| 4 | | by the Agency
after the disclosure; and |
| 5 | | (9) that the non-compliance was identified voluntarily |
| 6 | | and not through a
monitoring, sampling, or auditing |
| 7 | | procedure that is required by statute, rule,
permit, |
| 8 | | judicial or administrative order, or consent agreement. |
| 9 | | If a person can establish all of the elements under this |
| 10 | | subsection except
the element set forth in paragraph (1) of |
| 11 | | this subsection, the person is
entitled to a 75% reduction in |
| 12 | | the portion of the penalty that is not based
upon the economic |
| 13 | | benefit of non-compliance. |
| 14 | | For the purposes of this subsection (i), "small entity" has |
| 15 | | the same meaning as in Section 221 of the federal Small |
| 16 | | Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. |
| 17 | | 601). |
| 18 | | (j) In addition to any other remedy or penalty that may
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| 19 | | apply, whether civil or criminal, any person who violates |
| 20 | | Section 22.52 of this Act shall be liable for an additional |
| 21 | | civil penalty of up to 3 times the gross amount of any |
| 22 | | pecuniary gain resulting from the violation.
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| 23 | | (k) In addition to any other remedy or penalty that may |
| 24 | | apply, whether civil or criminal, any person who violates |
| 25 | | subdivision (a)(7.6) of Section 31 of this Act shall be liable |
| 26 | | for an additional civil penalty of $2,000. |
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| 1 | | (Source: P.A. 99-934, eff. 1-27-17; 100-436, eff. 8-25-17; |
| 2 | | revised 1-22-18.)
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| 3 | | (415 ILCS 5/58.19 new) |
| 4 | | Sec. 58.19. Concentrations of inorganic chemicals in |
| 5 | | background soils. |
| 6 | | (a) No later than January 1, 2019, the Agency shall: |
| 7 | | (1) review available peer-reviewed data and surveys |
| 8 | | concerning the statewide area background concentrations of |
| 9 | | the inorganic chemicals listed in Table G of Appendix A of |
| 10 | | 35 Ill. Adm. Code 742, including, but not limited to, |
| 11 | | Illinois State Geological Survey Circular 590 (2017), |
| 12 | | "Inorganic Chemical Composition of Illinois Soils"; |
| 13 | | (2) use the information reviewed under paragraph (1) |
| 14 | | and one or more statistically valid methods to determine |
| 15 | | the statewide area background concentrations of the |
| 16 | | inorganic chemicals listed in Table G of Appendix A of 35 |
| 17 | | Ill. Adm. Code 742; and |
| 18 | | (3) submit to the Board any proposed revisions to Table |
| 19 | | G of Appendix A of 35 Ill. Adm. Code 742 that the Agency |
| 20 | | deems necessary for the values in that table to reflect |
| 21 | | statewide area background concentrations of the listed |
| 22 | | chemicals. |
| 23 | | (b) Within one year after receipt of the Agency's proposal, |
| 24 | | the Board shall adopt revisions to Table G of Appendix A of 35 |
| 25 | | Ill. Adm. Code 742 that are based upon the proposal submitted |
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| 1 | | to the Board under subsection (a) of this Section. |
| 2 | | (c) On and after the adoption of rules under subsection |
| 3 | | (b), if a clean construction or demolition debris fill |
| 4 | | operation or an uncontaminated soil fill operation is found to |
| 5 | | have exceeded any of the concentrations under Table G of |
| 6 | | Appendix A of 35 Ill. Adm. Code 742 on 3 separate occasions, |
| 7 | | then the Agency may: (1) close the clean construction or |
| 8 | | demolition debris fill operation or the uncontaminated soil |
| 9 | | fill operation; or (2) impose groundwater monitoring on the |
| 10 | | clean construction or demolition debris fill operation or the |
| 11 | | uncontaminated soil fill operation. This subsection applies to |
| 12 | | aggregate violations if an owner or operator owns or operates |
| 13 | | multiple clean construction or demolition debris fill |
| 14 | | operations or uncontaminated soil fill operations. The Agency |
| 15 | | may adopt any rules necessary to implement this subsection.
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| 16 | | Section 99. Effective date. This Act takes effect upon |
| 17 | | becoming law.".
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