99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2914

 

Introduced 2/18/2016, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 230/Act rep.
415 ILCS 5/22.8  from Ch. 111 1/2, par. 1022.8
415 ILCS 5/22.59 new

    Repeals the Solid Waste Site Operator Certification Law. Amends the Environmental Protection Act. Removes references to the Solid Waste Site Operator Certification Law. Provides that until October 1, 2018, no person shall cause or allow the operation of a sanitary landfill that is required to be permitted under the Act unless the landfill has on its operational staff either (1) an individual who holds a manager of landfill operations certificate from the Solid Waste Association of North America or a similar certificate accepted under another state's landfill operator certification program; or (2) an individual who, on the day before the effective date of this amendatory Act of the 99th General Assembly, held a Class "A" Solid Waste Site Operator Certificate issued by the Environmental Protection Agency under the Solid Waste Operator Certification Law and, if the landfill accepts special waste, a special waste endorsement issued by the Agency under the Solid Waste Operator Certification Law. Provides that beginning October 1, 2018, no person shall cause or allow the operation of a sanitary landfill required to be permitted under the Act unless the landfill has on its operational staff an individual who holds a manager of landfill operations certificate from the Solid Waste Association of North America or a similar certificate accepted under another state's landfill operator certification program. Effective immediately.


LRB099 18902 MJP 43289 b

 

 

A BILL FOR

 

SB2914LRB099 18902 MJP 43289 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    (225 ILCS 230/Act rep.)
5    Section 5. The Solid Waste Site Operator Certification Law
6is repealed.
 
7    Section 10. The Environmental Protection Act is amended by
8changing Section 22.8 and by adding Section 22.59 as follows:
 
9    (415 ILCS 5/22.8)  (from Ch. 111 1/2, par. 1022.8)
10    Sec. 22.8. Environmental Protection Permit and Inspection
11Fund.
12    (a) There is hereby created in the State Treasury a special
13fund to be known as the Environmental Protection Permit and
14Inspection Fund. All fees collected by the Agency pursuant to
15this Section, Section 9.6, 12.2, 16.1, 56.4, 56.5, 56.6, and
16subsection (f) of Section 5 of this Act, or pursuant to Section
1722 of the Public Water Supply Operations Act or Section 1011 of
18the Solid Waste Site Operator Certification Law, as well as
19funds collected under subsection (b.5) of Section 42 of this
20Act, shall be deposited into the Fund. In addition to any
21monies appropriated from the General Revenue Fund, monies in
22the Fund shall be appropriated by the General Assembly to the

 

 

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1Agency in amounts deemed necessary for manifest, permit, and
2inspection activities and for performing its functions,
3powers, and duties under the Solid Waste Site Operator
4Certification Law.
5    The General Assembly may appropriate monies in the Fund
6deemed necessary for Board regulatory and adjudicatory
7proceedings.
8    (a-5) As soon as practicable after the effective date of
9this amendatory Act of the 98th General Assembly, but no later
10than January 1, 2014, the State Comptroller shall direct and
11the State Treasurer shall transfer all monies in the Industrial
12Hygiene Regulatory and Enforcement Fund to the Environmental
13Protection Permit and Inspection Fund to be used in accordance
14with the terms of the Environmental Protection Permit and
15Inspection Fund.
16    (a-6) As soon as practicable after the effective date of
17this amendatory Act of the 98th General Assembly, but no later
18than December 31, 2014, the State Comptroller shall order the
19transfer of, and the State Treasurer shall transfer, all moneys
20in the Hazardous Waste Occupational Licensing Fund into the
21Environmental Protection Permit and Inspection Fund to be used
22in accordance with the terms of the Environmental Protection
23Permit and Inspection Fund.
24    (b) The Agency shall collect from the owner or operator of
25any of the following types of hazardous waste disposal sites or
26management facilities which require a RCRA permit under

 

 

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1subsection (f) of Section 21 of this Act, or a UIC permit under
2subsection (g) of Section 12 of this Act, an annual fee in the
3amount of:
4        (1) $35,000 ($70,000 beginning in 2004) for a hazardous
5    waste disposal site receiving hazardous waste if the
6    hazardous waste disposal site is located off the site where
7    such waste was produced;
8        (2) $9,000 ($18,000 beginning in 2004) for a hazardous
9    waste disposal site receiving hazardous waste if the
10    hazardous waste disposal site is located on the site where
11    such waste was produced;
12        (3) $7,000 ($14,000 beginning in 2004) for a hazardous
13    waste disposal site receiving hazardous waste if the
14    hazardous waste disposal site is an underground injection
15    well;
16        (4) $2,000 ($4,000 beginning in 2004) for a hazardous
17    waste management facility treating hazardous waste by
18    incineration;
19        (5) $1,000 ($2,000 beginning in 2004) for a hazardous
20    waste management facility treating hazardous waste by a
21    method, technique or process other than incineration;
22        (6) $1,000 ($2,000 beginning in 2004) for a hazardous
23    waste management facility storing hazardous waste in a
24    surface impoundment or pile;
25        (7) $250 ($500 beginning in 2004) for a hazardous waste
26    management facility storing hazardous waste other than in a

 

 

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1    surface impoundment or pile; and
2        (8) Beginning in 2004, $500 for a large quantity
3    hazardous waste generator required to submit an annual or
4    biennial report for hazardous waste generation.
5    (c) Where two or more operational units are located within
6a single hazardous waste disposal site, the Agency shall
7collect from the owner or operator of such site an annual fee
8equal to the highest fee imposed by subsection (b) of this
9Section upon any single operational unit within the site.
10    (d) The fee imposed upon a hazardous waste disposal site
11under this Section shall be the exclusive permit and inspection
12fee applicable to hazardous waste disposal at such site,
13provided that nothing in this Section shall be construed to
14diminish or otherwise affect any fee imposed upon the owner or
15operator of a hazardous waste disposal site by Section 22.2.
16    (e) The Agency shall establish procedures, no later than
17December 1, 1984, relating to the collection of the hazardous
18waste disposal site fees authorized by this Section. Such
19procedures shall include, but not be limited to the time and
20manner of payment of fees to the Agency, which shall be
21quarterly, payable at the beginning of each quarter for
22hazardous waste disposal site fees. Annual fees required under
23paragraph (7) of subsection (b) of this Section shall accompany
24the annual report required by Board regulations for the
25calendar year for which the report applies.
26    (f) For purposes of this Section, a hazardous waste

 

 

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1disposal site consists of one or more of the following
2operational units:
3        (1) a landfill receiving hazardous waste for disposal;
4        (2) a waste pile or surface impoundment, receiving
5    hazardous waste, in which residues which exhibit any of the
6    characteristics of hazardous waste pursuant to Board
7    regulations are reasonably expected to remain after
8    closure;
9        (3) a land treatment facility receiving hazardous
10    waste; or
11        (4) a well injecting hazardous waste.
12    (g) The Agency shall assess a fee for each manifest
13provided by the Agency. For manifests provided on or after
14January 1, 1989 but before July 1, 2003, the fee shall be $1
15per manifest. For manifests provided on or after July 1, 2003,
16the fee shall be $3 per manifest.
17(Source: P.A. 98-78, eff. 7-15-13; 98-692, eff. 7-1-14; 98-822,
18eff. 8-1-14.)
 
19    (415 ILCS 5/22.59 new)
20    Sec. 22.59. Sanitary landfill operator certification.
21    (a) Until October 1, 2018, no person shall cause or allow
22the operation of a sanitary landfill that is required to be
23permitted under this Act unless the landfill has on its
24operational staff either:
25        (1) an individual who holds a manager of landfill

 

 

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1    operations certificate from the Solid Waste Association of
2    North America or a similar certificate accepted under
3    another state's landfill operator certification program;
4    or
5        (2) an individual who, on the day before the effective
6    date of this amendatory Act of the 99th General Assembly,
7    held a Class "A" Solid Waste Site Operator Certificate
8    issued by the Agency under the Solid Waste Operator
9    Certification Law and, if the landfill accepts special
10    waste, a special waste endorsement issued by the Agency
11    under the Solid Waste Operator Certification Law.
12    (b) Beginning October 1, 2018, no person shall cause or
13allow the operation of a sanitary landfill required to be
14permitted under this Act unless the landfill has on its
15operational staff an individual who holds a manager of landfill
16operations certificate from the Solid Waste Association of
17North America or a similar certificate accepted under another
18state's landfill operator certification program.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.