Illinois General Assembly - Full Text of HB3783
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Full Text of HB3783  102nd General Assembly




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1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing Section 22.59 as follows:
6    (415 ILCS 5/22.59)
7    Sec. 22.59. CCR surface impoundments.
8    (a) The General Assembly finds that:
9        (1) the State of Illinois has a long-standing policy
10    to restore, protect, and enhance the environment,
11    including the purity of the air, land, and waters,
12    including groundwaters, of this State;
13        (2) a clean environment is essential to the growth and
14    well-being of this State;
15        (3) CCR generated by the electric generating industry
16    has caused groundwater contamination and other forms of
17    pollution at active and inactive plants throughout this
18    State;
19        (4) environmental laws should be supplemented to
20    ensure consistent, responsible regulation of all existing
21    CCR surface impoundments; and
22        (5) meaningful participation of State residents,
23    especially vulnerable populations who may be affected by



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1    regulatory actions, is critical to ensure that
2    environmental justice considerations are incorporated in
3    the development of, decision-making related to, and
4    implementation of environmental laws and rulemaking that
5    protects and improves the well-being of communities in
6    this State that bear disproportionate burdens imposed by
7    environmental pollution.
8    Therefore, the purpose of this Section is to promote a
9healthful environment, including clean water, air, and land,
10meaningful public involvement, and the responsible disposal
11and storage of coal combustion residuals, so as to protect
12public health and to prevent pollution of the environment of
13this State.
14    The provisions of this Section shall be liberally
15construed to carry out the purposes of this Section.
16    (b) No person shall:
17        (1) cause or allow the discharge of any contaminants
18    from a CCR surface impoundment into the environment so as
19    to cause, directly or indirectly, a violation of this
20    Section or any regulations or standards adopted by the
21    Board under this Section, either alone or in combination
22    with contaminants from other sources;
23        (2) construct, install, modify, operate, or close any
24    CCR surface impoundment without a permit granted by the
25    Agency, or so as to violate any conditions imposed by such
26    permit, any provision of this Section or any regulations



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1    or standards adopted by the Board under this Section; or
2        (3) cause or allow, directly or indirectly, the
3    discharge, deposit, injection, dumping, spilling, leaking,
4    or placing of any CCR upon the land in a place and manner
5    so as to cause or tend to cause a violation this Section or
6    any regulations or standards adopted by the Board under
7    this Section; or .
8        (4) construct, install, modify, or close a CCR surface
9    impoundment in accordance with a permit issued under this
10    Act without certifying to the Agency that all contractors,
11    subcontractors, and installers utilized to construct,
12    install, modify, or close a CCR surface impoundment are
13    participants in:
14            (A) a training program that is approved by and
15        registered with the United States Department of
16        Labor's Employment and Training Administration and
17        that includes instruction in erosion control and
18        environmental remediation; and
19            (B) a training program that is approved by and
20        registered with the United States Department of
21        Labor's Employment and Training Administration and
22        that includes instruction in the operation of heavy
23        equipment and excavation.
24        Nothing in this paragraph (4) shall be construed to
25    require providers of construction-related professional
26    services to participate in a training program approved by



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1    and registered with the United States Department of
2    Labor's Employment and Training Administration.
3        In this paragraph (4), "construction-related
4    professional services" includes, but is not limited to,
5    those services within the scope of: (i) the practice of
6    architecture as regulated under the Illinois Architecture
7    Practice Act of 1989; (ii) professional engineering as
8    defined in Section 4 of the Professional Engineering
9    Practice Act of 1989; (iii) the practice of a structural
10    engineer as defined in Section 4 of the Structural
11    Engineering Practice Act of 1989; or (iv) land surveying
12    under the Illinois Professional Land Surveyor Act of 1989.
13    (c) For purposes of this Section, a permit issued by the
14Administrator of the United States Environmental Protection
15Agency under Section 4005 of the federal Resource Conservation
16and Recovery Act, shall be deemed to be a permit under this
17Section and subsection (y) of Section 39.
18    (d) Before commencing closure of a CCR surface
19impoundment, in accordance with Board rules, the owner of a
20CCR surface impoundment must submit to the Agency for approval
21a closure alternatives analysis that analyzes all closure
22methods being considered and that otherwise satisfies all
23closure requirements adopted by the Board under this Act.
24Complete removal of CCR, as specified by the Board's rules,
25from the CCR surface impoundment must be considered and
26analyzed. Section 3.405 does not apply to the Board's rules



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1specifying complete removal of CCR. The selected closure
2method must ensure compliance with regulations adopted by the
3Board pursuant to this Section.
4    (e) Owners or operators of CCR surface impoundments who
5have submitted a closure plan to the Agency before May 1, 2019,
6and who have completed closure prior to 24 months after July
730, 2019 (the effective date of Public Act 101-171) this
8amendatory Act of the 101st General Assembly shall not be
9required to obtain a construction permit for the surface
10impoundment closure under this Section.
11    (f) Except for the State, its agencies and institutions, a
12unit of local government, or not-for-profit electric
13cooperative as defined in Section 3.4 of the Electric Supplier
14Act, any person who owns or operates a CCR surface impoundment
15in this State shall post with the Agency a performance bond or
16other security for the purpose of: (i) ensuring closure of the
17CCR surface impoundment and post-closure care in accordance
18with this Act and its rules; and (ii) ensuring insuring
19remediation of releases from the CCR surface impoundment. The
20only acceptable forms of financial assurance are: a trust
21fund, a surety bond guaranteeing payment, a surety bond
22guaranteeing performance, or an irrevocable letter of credit.
23        (1) The cost estimate for the post-closure care of a
24    CCR surface impoundment shall be calculated using a
25    30-year post-closure care period or such longer period as
26    may be approved by the Agency under Board or federal



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1    rules.
2        (2) The Agency is authorized to enter into such
3    contracts and agreements as it may deem necessary to carry
4    out the purposes of this Section. Neither the State, nor
5    the Director, nor any State employee shall be liable for
6    any damages or injuries arising out of or resulting from
7    any action taken under this Section.
8        (3) The Agency shall have the authority to approve or
9    disapprove any performance bond or other security posted
10    under this subsection. Any person whose performance bond
11    or other security is disapproved by the Agency may contest
12    the disapproval as a permit denial appeal pursuant to
13    Section 40.
14    (g) The Board shall adopt rules establishing construction
15permit requirements, operating permit requirements, design
16standards, reporting, financial assurance, and closure and
17post-closure care requirements for CCR surface impoundments.
18Not later than 8 months after July 30, 2019 (the effective date
19of Public Act 101-171) this amendatory Act of the 101st
20General Assembly the Agency shall propose, and not later than
21one year after receipt of the Agency's proposal the Board
22shall adopt, rules under this Section. The rules must, at a
24        (1) be at least as protective and comprehensive as the
25    federal regulations or amendments thereto promulgated by
26    the Administrator of the United States Environmental



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1    Protection Agency in Subpart D of 40 CFR 257 governing CCR
2    surface impoundments;
3        (2) specify the minimum contents of CCR surface
4    impoundment construction and operating permit
5    applications, including the closure alternatives analysis
6    required under subsection (d);
7        (3) specify which types of permits include
8    requirements for closure, post-closure, remediation and
9    all other requirements applicable to CCR surface
10    impoundments;
11        (4) specify when permit applications for existing CCR
12    surface impoundments must be submitted, taking into
13    consideration whether the CCR surface impoundment must
14    close under the RCRA;
15        (5) specify standards for review and approval by the
16    Agency of CCR surface impoundment permit applications;
17        (6) specify meaningful public participation procedures
18    for the issuance of CCR surface impoundment construction
19    and operating permits, including, but not limited to,
20    public notice of the submission of permit applications, an
21    opportunity for the submission of public comments, an
22    opportunity for a public hearing prior to permit issuance,
23    and a summary and response of the comments prepared by the
24    Agency;
25        (7) prescribe the type and amount of the performance
26    bonds or other securities required under subsection (f),



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1    and the conditions under which the State is entitled to
2    collect moneys from such performance bonds or other
3    securities;
4        (8) specify a procedure to identify areas of
5    environmental justice concern in relation to CCR surface
6    impoundments;
7        (9) specify a method to prioritize CCR surface
8    impoundments required to close under RCRA if not otherwise
9    specified by the United States Environmental Protection
10    Agency, so that the CCR surface impoundments with the
11    highest risk to public health and the environment, and
12    areas of environmental justice concern are given first
13    priority;
14        (10) define when complete removal of CCR is achieved
15    and specify the standards for responsible removal of CCR
16    from CCR surface impoundments, including, but not limited
17    to, dust controls and the protection of adjacent surface
18    water and groundwater; and
19        (11) describe the process and standards for
20    identifying a specific alternative source of groundwater
21    pollution when the owner or operator of the CCR surface
22    impoundment believes that groundwater contamination on the
23    site is not from the CCR surface impoundment.
24    (h) Any owner of a CCR surface impoundment that generates
25CCR and sells or otherwise provides coal combustion byproducts
26pursuant to Section 3.135 shall, every 12 months, post on its



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1publicly available website a report specifying the volume or
2weight of CCR, in cubic yards or tons, that it sold or provided
3during the past 12 months.
4    (i) The owner of a CCR surface impoundment shall post all
5closure plans, permit applications, and supporting
6documentation, as well as any Agency approval of the plans or
7applications on its publicly available website.
8    (j) The owner or operator of a CCR surface impoundment
9shall pay the following fees:
10        (1) An initial fee to the Agency within 6 months after
11    July 30, 2019 (the effective date of Public Act 101-171)
12    this amendatory Act of the 101st General Assembly of:
13            $50,000 for each closed CCR surface impoundment;
14        and
15            $75,000 for each CCR surface impoundment that have
16        not completed closure.
17        (2) Annual fees to the Agency, beginning on July 1,
18    2020, of:
19            $25,000 for each CCR surface impoundment that has
20        not completed closure; and
21            $15,000 for each CCR surface impoundment that has
22        completed closure, but has not completed post-closure
23        care.
24    (k) All fees collected by the Agency under subsection (j)
25shall be deposited into the Environmental Protection Permit
26and Inspection Fund.



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1    (l) The Coal Combustion Residual Surface Impoundment
2Financial Assurance Fund is created as a special fund in the
3State treasury. Any moneys forfeited to the State of Illinois
4from any performance bond or other security required under
5this Section shall be placed in the Coal Combustion Residual
6Surface Impoundment Financial Assurance Fund and shall, upon
7approval by the Governor and the Director, be used by the
8Agency for the purposes for which such performance bond or
9other security was issued. The Coal Combustion Residual
10Surface Impoundment Financial Assurance Fund is not subject to
11the provisions of subsection (c) of Section 5 of the State
12Finance Act.
13    (m) The provisions of this Section shall apply, without
14limitation, to all existing CCR surface impoundments and any
15CCR surface impoundments constructed after July 30, 2019 (the
16effective date of Public Act 101-171) this amendatory Act of
17the 101st General Assembly, except to the extent prohibited by
18the Illinois or United States Constitutions.
19(Source: P.A. 101-171, eff. 7-30-19; revised 10-22-19.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.