Public Act 097-0887
 
SB2947 EnrolledLRB097 14305 JDS 59086 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Protection Act is amended by
changing Section 21.1 as follows:
 
    (415 ILCS 5/21.1)  (from Ch. 111 1/2, par. 1021.1)
    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
security for the purpose of insuring closure of the site and
post-closure care in accordance with this Act and regulations
adopted thereunder.
    (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:
        (1) insuring closure of the site and post-closure care
    in accordance with this Act and its rules; and
        (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.
    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.
    (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
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.
    (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
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.
    (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
under this Section.
    (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.
    (f) The Agency may establish such procedures as it may deem
necessary for the purpose of implementing and executing its
responsibilities under this Section.
    (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.
(Source: P.A. 88-496; 88-512; 89-200, eff. 1-1-96.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.