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| Public Act 097-0887 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by | ||||
changing Section 21.1 as follows:
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(415 ILCS 5/21.1) (from Ch. 111 1/2, par. 1021.1)
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Sec. 21.1.
(a) Except as provided in subsection (a.5), no | ||||
person other
than the State of Illinois, its agencies and | ||||
institutions, or a unit of local
government shall own or | ||||
operate a MSWLF unit or other conduct any waste disposal | ||||
operation on or after March 1,
1985, which requires a permit | ||||
under subsection (d) of Section 21 of this Act,
unless such | ||||
person has posted with the Agency a performance bond or other
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security for the purpose of insuring closure of the site and | ||||
post-closure care
in accordance with this Act and regulations | ||||
adopted thereunder.
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(a.5) On and after the effective date established by the | ||||
United
States Environmental Protection Agency for MSWLF units | ||||
to provide financial
assurance under Subtitle D of the Resource | ||||
Conservation and Recovery Act, no
person, other than
the State | ||||
of
Illinois, its agencies and institutions, shall own or | ||||
operate conduct any disposal operation
at a MSWLF unit that | ||||
requires a permit under subsection (d) of Section 21 of
this | ||||
Act, unless that person has posted with the Agency a | ||
performance bond or
other security for the purposes of:
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(1) insuring closure of the site and post-closure care | ||
in accordance with
this Act and its rules; and
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(2) insuring completion of a corrective action remedy | ||
when required by
Board rules adopted under Section 22.40 of | ||
this Act or when required by
Section 22.41 of this Act.
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The performance bond or other security requirement set | ||
forth in this
Section
may be fulfilled by closure or | ||
post-closure insurance, or both, issued by an
insurer
licensed | ||
to transact the business of insurance by the Department of | ||
Insurance
or at a minimum the insurer must be licensed to | ||
transact the business of
insurance or approved to provide | ||
insurance as an excess or surplus lines
insurer by the | ||
insurance department in one or more states.
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(b) On or before January 1, 1985, the Board shall adopt | ||
regulations to
promote the purposes of this Section. Without | ||
limiting the generality of
this authority, such regulations | ||
may, among other things, prescribe the
type and amount of the | ||
performance bonds or other securities required under
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subsections (a) and (a.5) of this Section, and the conditions | ||
under which the
State is entitled to collect monies from such | ||
performance bonds or other
securities. The bond amount shall be | ||
directly related to the design and volume
of the site. The cost | ||
estimate for the post-closure care of a MSWLF unit shall
be | ||
calculated using a 30 year post-closure care period or such | ||
other period as
may be approved by the Agency under Board or | ||
federal rules. On and after the
effective date established by | ||
the United States Environmental Protection Agency
for MSWLF | ||
units to provide financial assurance under Subtitle D of the | ||
Resource
Conservation and Recovery Act, closure,
post-closure | ||
care, and corrective action cost estimates for MSWLF units | ||
shall
be in current dollars.
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(c) There is hereby created within the State Treasury a | ||
special fund to
be known as the "Landfill Closure and | ||
Post-Closure Fund". Any monies forfeited
to the State of | ||
Illinois from any performance bond or other security required
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under this Section shall be placed in the "Landfill Closure and | ||
Post-Closure
Fund" and shall, upon approval by the Governor and | ||
the Director, be used
by and under the direction of the Agency | ||
for the purposes for which such
performance bond or other | ||
security was issued. The Landfill Closure and
Post-Closure Fund | ||
is not subject to the provisions of subsection (c) of Section
5 | ||
of the State Finance Act.
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(d) The Agency is authorized to enter into such contracts | ||
and agreements
as it may deem necessary to carry out the | ||
purposes of this Section. Neither
the State, nor the Director, | ||
nor any State employee shall be liable for
any damages or | ||
injuries arising out of or resulting from any action taken
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under this Section.
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(e) The Agency shall have the authority to approve or | ||
disapprove any
performance bond or other security posted | ||
pursuant to subsection (a) or
(a.5) of
this Section. Any person | ||
whose performance bond or other security is
disapproved by the | ||
Agency may contest the disapproval as a permit denial
appeal | ||
pursuant to Section 40 of this Act.
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(f) The Agency may establish such procedures as it may deem | ||
necessary
for the purpose of implementing and executing its | ||
responsibilities under this
Section.
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(g) Nothing in this Section shall bar a cause of action by | ||
the State for
any other penalty or relief provided by this Act | ||
or any other law.
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(Source: P.A. 88-496; 88-512; 89-200, eff. 1-1-96.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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