Sen. Bill Brady
Filed: 7/23/2004
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1 | AMENDMENT TO HOUSE BILL 911
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2 | AMENDMENT NO. ______. Amend House Bill 911, AS AMENDED, by | ||||||
3 | replacing the introductory clause of Section 5 with the | ||||||
4 | following:
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5 | "Section 5. The Environmental Protection Act is amended by | ||||||
6 | changing Sections 10 and 21.1 and by adding Section 10.1 as | ||||||
7 | follows:"; and | ||||||
8 | by inserting the following immediately before the effective | ||||||
9 | date:
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10 | "(415 ILCS 5/21.1) (from Ch. 111 1/2, par. 1021.1)
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11 | Sec. 21.1. (a) Except as provided in subsection (a.5), no | ||||||
12 | person other
than the State of Illinois, its agencies and | ||||||
13 | institutions, or a unit of local
government shall conduct any | ||||||
14 | waste disposal operation on or after March 1,
1985, which | ||||||
15 | requires a permit under subsection (d) of Section 21 of this | ||||||
16 | Act,
unless such person has posted with the Agency a | ||||||
17 | performance bond or other
security for the purpose of insuring | ||||||
18 | closure of the site and post-closure care
in accordance with | ||||||
19 | this Act and regulations adopted thereunder.
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20 | (a.5) On and after the effective date established by the | ||||||
21 | United
States Environmental Protection Agency for MSWLF units | ||||||
22 | to provide financial
assurance under Subtitle D of the Resource | ||||||
23 | Conservation and Recovery Act, no
person, other than
the State |
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1 | of
Illinois, its agencies and institutions, shall conduct any | ||||||
2 | disposal operation
at a MSWLF unit that requires a permit under | ||||||
3 | subsection (d) of Section 21 of
this Act, unless that person | ||||||
4 | has posted with the Agency a performance bond or
other security | ||||||
5 | for the purposes of:
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6 | (1) insuring closure of the site and post-closure care | ||||||
7 | in accordance with
this Act and its rules; and
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8 | (2) insuring completion of a corrective action remedy | ||||||
9 | when required by
Board rules adopted under Section 22.40 of | ||||||
10 | this Act or when required by
Section 22.41 of this Act.
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11 | The performance bond or other security requirement set | ||||||
12 | forth in this
Section
may be fulfilled by closure or | ||||||
13 | post-closure insurance, or both, issued by an
insurer
licensed | ||||||
14 | to transact the business of insurance by the Department of | ||||||
15 | Insurance
or at a minimum the insurer must be licensed to | ||||||
16 | transact the business of
insurance or approved to provide | ||||||
17 | insurance as an excess or surplus lines
insurer by the | ||||||
18 | insurance department in one or more states.
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19 | (b) On or before January 1, 1985, the Board shall adopt | ||||||
20 | regulations to
promote the purposes of this Section. Without | ||||||
21 | limiting the generality of
this authority, such regulations | ||||||
22 | may, among other things, prescribe the
type and amount of the | ||||||
23 | performance bonds or other securities required under
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24 | subsections (a) and (a.5) of this Section, and the conditions | ||||||
25 | under which the
State is entitled to collect monies from such | ||||||
26 | performance bonds or other
securities. The bond amount shall be | ||||||
27 | directly related to the design and volume
of the site. The cost | ||||||
28 | estimate for the post-closure care of a MSWLF unit shall
be | ||||||
29 | calculated using a 30 year post-closure care period or such | ||||||
30 | other period as
may be approved by the Agency under Board or | ||||||
31 | federal rules. On and after the
effective date established by | ||||||
32 | the United States Environmental Protection Agency
for MSWLF | ||||||
33 | units to provide financial assurance under Subtitle D of the | ||||||
34 | Resource
Conservation and Recovery Act, closure,
post-closure |
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1 | care, and corrective action cost estimates for MSWLF units | ||||||
2 | shall
be in current dollars.
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3 | (c) There is hereby created within the State Treasury a | ||||||
4 | special fund to
be known as the "Landfill Closure and | ||||||
5 | Post-Closure Fund". Any monies forfeited
to the State of | ||||||
6 | Illinois from any performance bond or other security required
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7 | under this Section shall be placed in the "Landfill Closure and | ||||||
8 | Post-Closure
Fund" and shall, upon approval by the Governor and | ||||||
9 | the Director, be used
by and under the direction of the Agency | ||||||
10 | for the purposes for which such
performance bond or other | ||||||
11 | security was issued. The Landfill Closure and
Post-Closure Fund | ||||||
12 | is not subject to the provisions of subsection (c) of Section
5 | ||||||
13 | of the State Finance Act.
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14 | (d) The Agency is authorized to enter into such contracts | ||||||
15 | and agreements
as it may deem necessary to carry out the | ||||||
16 | purposes of this Section. Neither
the State, nor the Director, | ||||||
17 | nor any State employee shall be liable for
any damages or | ||||||
18 | injuries arising out of or resulting from any action taken
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19 | under this Section.
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20 | (e) The Agency shall have the authority to approve or | ||||||
21 | disapprove any
performance bond or other security posted | ||||||
22 | pursuant to subsection (a) or
(a.5) of
this Section. Any person | ||||||
23 | whose performance bond or other security is
disapproved by the | ||||||
24 | Agency may contest the disapproval as a permit denial
appeal | ||||||
25 | pursuant to Section 40 of this Act.
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26 | (f) The Agency may establish such procedures as it may deem | ||||||
27 | necessary
for the purpose of implementing and executing its | ||||||
28 | responsibilities under this
Section.
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29 | (g) Nothing in this Section shall bar a cause of action by | ||||||
30 | the State for
any other penalty or relief provided by this Act | ||||||
31 | or any other law. | ||||||
32 | (h) The Agency must establish and maintain a program to | ||||||
33 | monitor the status of any performance bond or other security | ||||||
34 | required under this Section. If, for any reason, the Agency |
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1 | deems that a bond or other security is insufficient to ensure | ||||||
2 | the closure of a site and post-closure care
in accordance with | ||||||
3 | this Act, the Agency must notify the operator of the | ||||||
4 | insufficiency and require any additional security to ensure | ||||||
5 | compliance with this Act. Any person who fails to obtain | ||||||
6 | additional security within a reasonable time, as determined by | ||||||
7 | the Agency, commits a violation of this Act. | ||||||
8 | (i) If, upon or after the closure of a site, a performance | ||||||
9 | bond or other security required under this Section is | ||||||
10 | discovered to be insufficient to ensure the closure of a site | ||||||
11 | and post-closure care
in accordance with this Act, the Agency | ||||||
12 | shall use any unencumbered moneys in the Landfill Closure and | ||||||
13 | Post-Closure Fund for the purpose of taking any action | ||||||
14 | necessary to bring the closure and post-closure of the site | ||||||
15 | into compliance with this Act. If no unencumbered moneys exist | ||||||
16 | in the Fund, the Department shall request from the General | ||||||
17 | Assembly an appropriation to the Fund to bring the closure and | ||||||
18 | post-closure of the site into compliance with this Act.
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19 | (Source: P.A. 88-496; 88-512; 89-200, eff. 1-1-96.)".
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