Bill Amendment: IL SB2421 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CARBON DIOXIDE TRANSPORT
Status: 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB2421 Detail]
Download: Illinois-2023-SB2421-Senate_Amendment_001.html
Bill Title: CARBON DIOXIDE TRANSPORT
Status: 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB2421 Detail]
Download: Illinois-2023-SB2421-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 2421
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2 | AMENDMENT NO. ______. Amend Senate Bill 2421 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Carbon Dioxide Transport and Storage Protections Act.
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6 | Section 5. Legislative findings and objectives. The | ||||||
7 | General Assembly finds that: | ||||||
8 | (1) State law currently lacks clarity concerning the | ||||||
9 | rights of landowners with regard to pore space in the | ||||||
10 | subsurface beneath their land, limiting landowners' | ||||||
11 | ability to fully enjoy and protect their property. | ||||||
12 | (2) The transport of carbon dioxide via pipelines | ||||||
13 | significantly affects landowners' rights to enjoy their | ||||||
14 | property. Carbon dioxide pipelines may impede access to | ||||||
15 | property and fields, harm crops and topsoil, and pose a | ||||||
16 | risk of grave harm if there is a release of carbon dioxide. |
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1 | (3) The storage of carbon dioxide in subsurface pore | ||||||
2 | space may have profound impacts upon the surface estate. | ||||||
3 | Subsurface carbon dioxide storage may require easements | ||||||
4 | for pipelines, injection wells, monitoring equipment, and | ||||||
5 | other infrastructure, and may harm crops and topsoil and | ||||||
6 | risk grave harm to landowners, surrounding ecosystems, and | ||||||
7 | water supplies if carbon dioxide is released. | ||||||
8 | (4) To protect landowners, surface ecosystems, | ||||||
9 | groundwater, and nearby residents, it is essential that | ||||||
10 | the State clarify the ownership, liability, and other | ||||||
11 | property rights associated with carbon dioxide | ||||||
12 | transportation and storage before additional carbon | ||||||
13 | transport and storage takes place in the State, as well as | ||||||
14 | provide units of local government and residents with | ||||||
15 | training and resources so they can be prepared if there is | ||||||
16 | a carbon dioxide release.
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17 | Section 10. Definitions. As used in this Act: | ||||||
18 | "Agency" means the Environmental Protection Agency. | ||||||
19 | "Amalgamation" means the combining or uniting of property | ||||||
20 | rights in adjacent subsurface pore space for the permanent | ||||||
21 | storage of carbon dioxide. | ||||||
22 | "Area of review" has the meaning given to that term in | ||||||
23 | Section 3.121 of the Environmental Protection Act. | ||||||
24 | "Carbon dioxide injection well" means a well that is used | ||||||
25 | to inject carbon dioxide into a reservoir for permanent |
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1 | geologic sequestration. | ||||||
2 | "Carbon dioxide pipeline" or "pipeline" means the in-State | ||||||
3 | portion of a pipeline, including appurtenant facilities, | ||||||
4 | property rights, and easements, that are used to transport | ||||||
5 | carbon dioxide. | ||||||
6 | "Carbon dioxide stream" means carbon dioxide, any | ||||||
7 | incidental associated substances derived from the source | ||||||
8 | materials and process of producing or capturing carbon | ||||||
9 | dioxide, and any substance added to the stream to enable or | ||||||
10 | improve the injection process or the detection of a leak or | ||||||
11 | rupture. | ||||||
12 | "Carbon dioxide sequestration reservoir" means a portion | ||||||
13 | of a sedimentary geologic stratum or formation containing pore | ||||||
14 | space, including, but not limited to, depleted reservoirs and | ||||||
15 | saline formations, that the Agency has determined is suitable | ||||||
16 | for the injection and permanent storage of carbon dioxide. | ||||||
17 | "Department" means the Department of Public Health. | ||||||
18 | "Easement" means an interest in land owned by another | ||||||
19 | person that conveys the right to use or control the land, or an | ||||||
20 | area above or below it, for a specific purpose, including, but | ||||||
21 | not limited to, the storage of carbon dioxide in subsurface | ||||||
22 | cavities. | ||||||
23 | "Fund" means the Carbon Transportation and Sequestration | ||||||
24 | Readiness Fund. | ||||||
25 | "Person" has the meaning given to that term in Section | ||||||
26 | 3.315 of the Environmental Protection Act. |
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1 | "Pipeline operator" means a person who owns, leases, | ||||||
2 | operates, controls, or supervises a pipeline that transports | ||||||
3 | carbon dioxide. | ||||||
4 | "Pore space" means subsurface cavities, voids, or saline | ||||||
5 | beds that can be used to store carbon dioxide. | ||||||
6 | "Pore space owner" means the person who has title to a pore | ||||||
7 | space. | ||||||
8 | "Sequester" has the meaning given to that term in Section | ||||||
9 | 1-10 of the Illinois Power Agency Act. | ||||||
10 | "Sequestration" means to sequester or be sequestered. | ||||||
11 | "Sequestration facility" means the carbon dioxide | ||||||
12 | sequestration reservoir, underground equipment, and surface | ||||||
13 | facilities and equipment used or proposed to be used in a | ||||||
14 | geologic storage operation. "Sequestration facility" includes | ||||||
15 | an injection well and equipment used to connect the surface | ||||||
16 | facility and equipment to the carbon dioxide sequestration | ||||||
17 | reservoir and underground equipment. "Sequestration facility" | ||||||
18 | does not include pipelines used to transport carbon dioxide to | ||||||
19 | a sequestration facility. | ||||||
20 | "Sequestration operator" means a person who holds, is | ||||||
21 | applying for, or is required to obtain a carbon sequestration | ||||||
22 | permit under Section 22.63 of the Environmental Protection | ||||||
23 | Act. | ||||||
24 | "Sequestration pore space" means a pore space proposed, | ||||||
25 | authorized, or used for sequestering one or more carbon | ||||||
26 | dioxide streams in accordance with a permit or permit |
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1 | application under Section 22.63 of the Environmental | ||||||
2 | Protection Act. | ||||||
3 | "Surface owner" means a person identified in the records | ||||||
4 | of the recorder of deeds for each county containing some | ||||||
5 | portion of a proposed carbon dioxide sequestration reservoir | ||||||
6 | as an owner of a whole or undivided fee simple interest or | ||||||
7 | other freehold interest in real property in the surface above | ||||||
8 | the sequestration pore space. "Surface owner" does not include | ||||||
9 | an owner of a right-of-way, easement, leasehold, or any other | ||||||
10 | lesser estate.
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11 | "Transportation" means the physical movement of carbon | ||||||
12 | dioxide by pipeline conducted for any person's use or on any | ||||||
13 | person's account.
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14 | Section 15. Ownership and conveyance of pore space. | ||||||
15 | (a) Title to pore space belongs to and is vested in the | ||||||
16 | surface owner of the overlying surface estate. | ||||||
17 | (b) A conveyance of title to a surface estate conveys | ||||||
18 | title to the pore space in all strata underlying the surface | ||||||
19 | estate. | ||||||
20 | (c) Title to pore space may not be severed from title to | ||||||
21 | the surface estate. A grant of easement for use of pore space | ||||||
22 | is not a severance prohibited under this subsection. | ||||||
23 | (d) A grant of easement for use of pore space shall not | ||||||
24 | confer any right to enter upon or otherwise use the surface of | ||||||
25 | the land unless the grant of easement expressly provides that |
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1 | right.
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2 | Section 20. Compulsory amalgamation. Notwithstanding any | ||||||
3 | other provision of law, a sequestration operator may not | ||||||
4 | exercise any authority to take or acquire any easement or | ||||||
5 | title to any pore space or any portion of an area of review | ||||||
6 | under the Eminent Domain Act for amalgamation. A sequestration | ||||||
7 | operator must obtain, for the entirety of the area of review | ||||||
8 | the person seeks to use for carbon sequestration, either: | ||||||
9 | (1) a written grant of easement to enter into and use a | ||||||
10 | surface owner's portion of the proposed area of review for | ||||||
11 | carbon sequestration; or | ||||||
12 | (2) title to that portion of the proposed area of | ||||||
13 | review and overlying surface estate.
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14 | Section 25. Ownership of carbon dioxide; liability. | ||||||
15 | (a) A sequestration operator is solely liable for any and | ||||||
16 | all damage caused by carbon dioxide within the sequestration | ||||||
17 | operator's sequestration facility for injection or | ||||||
18 | sequestration or that is otherwise under the sequestration | ||||||
19 | operator's control, including, but not limited to, damage | ||||||
20 | caused by carbon dioxide released from the sequestration | ||||||
21 | facility, regardless of who holds title to the carbon dioxide, | ||||||
22 | the pore space, or the surface estate. A pipeline
operator is | ||||||
23 | liable for any and all damage caused by carbon
dioxide during | ||||||
24 | transportation, including, but not limited to,
damage caused |
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1 | by carbon dioxide released from the pipeline.
Liability for | ||||||
2 | damage caused by carbon dioxide during
transportation may be | ||||||
3 | joint and several with: (i) the entity that
owns title to the | ||||||
4 | carbon dioxide and pipeline owner if either
entity is | ||||||
5 | different from the operator; or (ii) the sequestration
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6 | operator if damage occurs at the point where carbon dioxide
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7 | changes control. | ||||||
8 | (b) A sequestration operator is solely liable for any and | ||||||
9 | all damage or harm that may result from equipment associated | ||||||
10 | with carbon sequestration, including, but not limited to, | ||||||
11 | operation of the equipment. | ||||||
12 | (c) Title to carbon dioxide sequestered in this State | ||||||
13 | shall not be vested in the owner of the sequestration pore | ||||||
14 | space. Sequestered carbon dioxide is a separate property | ||||||
15 | independent of the sequestration pore space.
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16 | Section 30. Carbon transportation and sequestration | ||||||
17 | emergency response fee. In addition to any permit fee required | ||||||
18 | under the Environmental Protection Act, all sequestration | ||||||
19 | operators and pipeline operators who transport or sequester | ||||||
20 | carbon dioxide in this State must pay a fee each year to the | ||||||
21 | Illinois Emergency Management Agency. The fee shall be | ||||||
22 | deposited into the Carbon Transportation and Sequestration | ||||||
23 | Readiness Fund. The fee amount shall be determined by the | ||||||
24 | Illinois Emergency Management Agency through rulemaking as a | ||||||
25 | set amount (i) per mile of approved pipeline for each carbon |
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1 | dioxide pipeline and for each approved carbon sequestration | ||||||
2 | project, (ii) per square mile of area of review, and (iii) per | ||||||
3 | ton of carbon dioxide sequestered. The fee shall be adjusted | ||||||
4 | annually for inflation and shall be in an amount determined by | ||||||
5 | the Illinois Emergency Management Agency as being more than | ||||||
6 | adequate to fund emergency preparedness and response costs for | ||||||
7 | units of local government through which a carbon dioxide | ||||||
8 | pipeline passes or in which carbon sequestration takes place.
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9 | Section 35. Carbon Transportation and Sequestration | ||||||
10 | Readiness Fund. | ||||||
11 | (a) The Carbon Transportation and Sequestration Readiness | ||||||
12 | Fund is established as a special fund in the State treasury. | ||||||
13 | (b) The Fund shall consist of all moneys from fees | ||||||
14 | collected under Section 30, all interest earned on moneys in | ||||||
15 | the Fund, and any additional moneys allocated or appropriated | ||||||
16 | to the Fund by the General Assembly. | ||||||
17 | (c) Moneys in the Fund shall be used only to: | ||||||
18 | (1) cover administrative costs of the Illinois | ||||||
19 | Emergency Management Agency for administration of grants | ||||||
20 | awarded under this Section and costs to the Illinois | ||||||
21 | Emergency Management Agency and Department to cover costs | ||||||
22 | of preparing the training materials and offering the | ||||||
23 | training sessions required under Section 40; | ||||||
24 | (2) provide funding to units of local government | ||||||
25 | through which a carbon dioxide pipeline passes or in which |
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1 | carbon sequestration has been proposed or is taking place | ||||||
2 | to enhance emergency preparedness and emergency response | ||||||
3 | capabilities if a carbon dioxide release occurs; allowable | ||||||
4 | expenditures of moneys provided under this paragraph are: | ||||||
5 | (A) preparing emergency response plans for carbon | ||||||
6 | dioxide release; | ||||||
7 | (B) purchasing electric emergency response | ||||||
8 | vehicles; | ||||||
9 | (C) developing or maintaining a text message or | ||||||
10 | other emergency communication alert system; | ||||||
11 | (D) purchasing devices that assist in the | ||||||
12 | detection of a carbon dioxide release; | ||||||
13 | (E) equipment for first responders, local | ||||||
14 | residents, and medical facilities that assist in the | ||||||
15 | preparation for, detection of, or response to the | ||||||
16 | release of carbon dioxide or other toxic or hazardous | ||||||
17 | materials; and | ||||||
18 | (F) training and training materials for first | ||||||
19 | responders, local residents, businesses, and other | ||||||
20 | local entities to prepare for and respond to the | ||||||
21 | release of carbon dioxide or other toxic or hazardous | ||||||
22 | materials; | ||||||
23 | (3) fund research in technologies, other than those | ||||||
24 | for carbon capture and sequestration, that reduce the | ||||||
25 | potential for carbon dioxide pollution from industries | ||||||
26 | that are major sources of carbon dioxide, including, but |
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1 | not limited to, steel and cement production; or | ||||||
2 | (4) fund research to better understand the scope of | ||||||
3 | potential carbon dioxide releases and methods to limit the | ||||||
4 | likelihood of a carbon dioxide release from a pipeline or | ||||||
5 | sequestration facility, including, but not limited to, | ||||||
6 | computer modeling to simulate carbon dioxide leaks from | ||||||
7 | pipelines of varying diameters and lengths. | ||||||
8 | All research funded under paragraphs (3) and (4) must be | ||||||
9 | included in a report published by the Illinois Emergency | ||||||
10 | Management Agency on its website. For research funded under | ||||||
11 | paragraph (4), the report shall contain recommendations for | ||||||
12 | safety measures to protect communities from carbon dioxide | ||||||
13 | releases, such as hazard zones, setbacks, additional | ||||||
14 | monitoring, or other measures. | ||||||
15 | (d) The Fund shall be administered by the Illinois | ||||||
16 | Emergency Management Agency. The Illinois Emergency Management | ||||||
17 | Agency shall issue annual requests for proposals to receive | ||||||
18 | Fund moneys and shall award grants to qualified applicants who | ||||||
19 | meet the criteria under subsection (c) and any other criteria | ||||||
20 | the Illinois Emergency Management Agency deems necessary for | ||||||
21 | the Fund to serve its intended purpose. The Illinois Emergency | ||||||
22 | Management Agency shall not limit the number of proposals an | ||||||
23 | applicant may submit under this subsection. | ||||||
24 | (e) The Fund is not subject to subsection (c) of Section 5 | ||||||
25 | of the State Finance Act.
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1 | Section 40. Training for carbon dioxide emergencies. | ||||||
2 | (a) Within one year after the effective date of this Act, | ||||||
3 | the Agency and the Department shall jointly prepare training | ||||||
4 | materials for local emergency responders and medical personnel | ||||||
5 | regarding what to do if carbon dioxide is released from a | ||||||
6 | pipeline or a sequestration facility, including, but not | ||||||
7 | limited to: | ||||||
8 | (1) how to identify a carbon dioxide release; | ||||||
9 | (2) communications protocols to quickly share | ||||||
10 | information about a carbon dioxide release; | ||||||
11 | (3) protocols for locating residents and others in the | ||||||
12 | affected area and, when necessary, transporting residents | ||||||
13 | and others in the affected area out of the area to health | ||||||
14 | care facilities; and | ||||||
15 | (4) symptoms of and treatment for exposure to a carbon | ||||||
16 | dioxide release. | ||||||
17 | (b) Each year, the Department and the Agency shall offer | ||||||
18 | at least 3 training sessions on emergency response protocols | ||||||
19 | during carbon dioxide releases for emergency responders and | ||||||
20 | medical personnel in any county in which carbon dioxide is | ||||||
21 | proposed to be, or is, transported or sequestered. Unless a | ||||||
22 | health emergency necessitates virtual training only, the | ||||||
23 | training sessions shall be in-person with the option to join | ||||||
24 | remotely and shall be recorded. The recordings shall be | ||||||
25 | maintained on the Agency's and Department's publicly available | ||||||
26 | websites. |
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1 | (c) Within one year after the effective date of this Act, | ||||||
2 | the Agency and the Department shall jointly prepare training | ||||||
3 | materials for residents, businesses, and other persons and | ||||||
4 | entities located within 2 miles of a carbon dioxide pipeline | ||||||
5 | or above the area of review regarding a carbon dioxide | ||||||
6 | release. The training materials shall include, but are not | ||||||
7 | limited to: | ||||||
8 | (1) how to identify a carbon dioxide release; | ||||||
9 | (2) what to do in the event of a carbon dioxide | ||||||
10 | release; | ||||||
11 | (3) symptoms of exposure to a carbon dioxide release; | ||||||
12 | and | ||||||
13 | (4) recommendations for items residents and other | ||||||
14 | entities may want to purchase or request, including, but | ||||||
15 | not limited to, carbon dioxide monitors and air supply | ||||||
16 | respirators. | ||||||
17 | (d) Each year, the Agency and the Department, in | ||||||
18 | cooperation with local emergency response personnel, shall | ||||||
19 | offer at least 2 public training sessions for residents and | ||||||
20 | local businesses in every county in which carbon dioxide is | ||||||
21 | proposed to be, or is, transported or sequestered. Unless a | ||||||
22 | health emergency necessitates virtual training only, the | ||||||
23 | training sessions shall be in-person with the option to join | ||||||
24 | remotely and shall be recorded. The recordings shall be | ||||||
25 | maintained on the Agency's and Department's publicly available | ||||||
26 | websites. |
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1 | (e) Every 5 years, the Agency and the Department shall | ||||||
2 | review and, if appropriate, revise the training materials | ||||||
3 | developed under this Section to incorporate new best | ||||||
4 | practices, technologies, developments, or information that (i) | ||||||
5 | improves emergency response and treatment for carbon dioxide | ||||||
6 | releases and (ii) may assist local residents and businesses to | ||||||
7 | be better prepared in the event of a carbon dioxide release.
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8 | Section 45. The State Finance Act is amended by adding | ||||||
9 | Section 5.990 as follows:
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10 | (30 ILCS 105/5.990 new) | ||||||
11 | Sec. 5.990. The Carbon Transportation and Sequestration | ||||||
12 | Readiness Fund.
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13 | Section 50. The Illinois Power Agency Act is amended by | ||||||
14 | changing Sections 1-10 and 1-80 as follows:
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15 | (20 ILCS 3855/1-10)
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16 | Sec. 1-10. Definitions. | ||||||
17 | "Agency" means the Illinois Power Agency. | ||||||
18 | "Agency loan agreement" means any agreement pursuant to | ||||||
19 | which the Illinois Finance Authority agrees to loan the | ||||||
20 | proceeds of revenue bonds issued with respect to a project to | ||||||
21 | the Agency upon terms providing for loan repayment | ||||||
22 | installments at least sufficient to pay when due all principal |
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1 | of, interest and premium, if any, on those revenue bonds, and | ||||||
2 | providing for maintenance, insurance, and other matters in | ||||||
3 | respect of the project. | ||||||
4 | "Authority" means the Illinois Finance Authority. | ||||||
5 | "Brownfield site photovoltaic project" means photovoltaics | ||||||
6 | that are either: | ||||||
7 | (1) interconnected to an electric utility as defined | ||||||
8 | in this Section, a municipal utility as defined in this | ||||||
9 | Section, a public utility as defined in Section 3-105 of | ||||||
10 | the Public Utilities Act, or an electric cooperative as | ||||||
11 | defined in Section 3-119 of the Public Utilities Act and | ||||||
12 | located at a site that is regulated by any of the following | ||||||
13 | entities under the following programs: | ||||||
14 | (A) the United States Environmental Protection | ||||||
15 | Agency under the federal Comprehensive Environmental | ||||||
16 | Response, Compensation, and Liability Act of 1980, as | ||||||
17 | amended; | ||||||
18 | (B) the United States Environmental Protection | ||||||
19 | Agency under the Corrective Action Program of the | ||||||
20 | federal Resource Conservation and Recovery Act, as | ||||||
21 | amended; | ||||||
22 | (C) the Illinois Environmental Protection Agency | ||||||
23 | under the Illinois Site Remediation Program; or | ||||||
24 | (D) the Illinois Environmental Protection Agency | ||||||
25 | under the Illinois Solid Waste Program; or | ||||||
26 | (2) located at the site of a coal mine that has
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1 | permanently ceased coal production, permanently halted any | ||||||
2 | re-mining operations, and is no longer accepting any coal | ||||||
3 | combustion residues; has both completed all clean-up and | ||||||
4 | remediation obligations under
the federal Surface Mining | ||||||
5 | and Reclamation Act of 1977 and all applicable Illinois | ||||||
6 | rules and any other clean-up, remediation, or ongoing | ||||||
7 | monitoring to safeguard the health and well-being of the | ||||||
8 | people of the State of Illinois, as well as demonstrated | ||||||
9 | compliance with all applicable federal and State | ||||||
10 | environmental rules and regulations, including, but not | ||||||
11 | limited, to 35 Ill. Adm. Code Part 845 and any rules for | ||||||
12 | historic fill of coal combustion residuals, including any | ||||||
13 | rules finalized in Subdocket A of Illinois Pollution | ||||||
14 | Control Board docket R2020-019. | ||||||
15 | "Clean coal facility" means an electric generating | ||||||
16 | facility that uses primarily coal as a feedstock and that | ||||||
17 | captures and sequesters carbon dioxide emissions at the | ||||||
18 | following levels: at least 50% of the total carbon dioxide | ||||||
19 | emissions that the facility would otherwise emit if, at the | ||||||
20 | time construction commences, the facility is scheduled to | ||||||
21 | commence operation before 2016, at least 70% of the total | ||||||
22 | carbon dioxide emissions that the facility would otherwise | ||||||
23 | emit if, at the time construction commences, the facility is | ||||||
24 | scheduled to commence operation during 2016 or 2017, and at | ||||||
25 | least 90% of the total carbon dioxide emissions that the | ||||||
26 | facility would otherwise emit if, at the time construction |
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1 | commences, the facility is scheduled to commence operation | ||||||
2 | after 2017. The power block of the clean coal facility shall | ||||||
3 | not exceed allowable emission rates for sulfur dioxide, | ||||||
4 | nitrogen oxides, carbon monoxide, particulates and mercury for | ||||||
5 | a natural gas-fired combined-cycle facility the same size as | ||||||
6 | and in the same location as the clean coal facility at the time | ||||||
7 | the clean coal facility obtains an approved air permit. All | ||||||
8 | coal used by a clean coal facility shall have high volatile | ||||||
9 | bituminous rank and greater than 1.7 pounds of sulfur per | ||||||
10 | million Btu btu content, unless the clean coal facility does | ||||||
11 | not use gasification technology and was operating as a | ||||||
12 | conventional coal-fired electric generating facility on June | ||||||
13 | 1, 2009 (the effective date of Public Act 95-1027). | ||||||
14 | "Clean coal SNG brownfield facility" means a facility that | ||||||
15 | (1) has commenced construction by July 1, 2015 on an urban | ||||||
16 | brownfield site in a municipality with at least 1,000,000 | ||||||
17 | residents; (2) uses a gasification process to produce | ||||||
18 | substitute natural gas; (3) uses coal as at least 50% of the | ||||||
19 | total feedstock over the term of any sourcing agreement with a | ||||||
20 | utility and the remainder of the feedstock may be either | ||||||
21 | petroleum coke or coal, with all such coal having a high | ||||||
22 | bituminous rank and greater than 1.7 pounds of sulfur per | ||||||
23 | million Btu content unless the facility reasonably determines
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24 | that it is necessary to use additional petroleum coke to
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25 | deliver additional consumer savings, in which case the
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26 | facility shall use coal for at least 35% of the total
feedstock |
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1 | over the term of any sourcing agreement; and (4) captures and | ||||||
2 | sequesters at least 85% of the total carbon dioxide emissions | ||||||
3 | that the facility would otherwise emit. | ||||||
4 | "Clean coal SNG facility" means a facility that uses a | ||||||
5 | gasification process to produce substitute natural gas, that | ||||||
6 | sequesters at least 90% of the total carbon dioxide emissions | ||||||
7 | that the facility would otherwise emit, that uses at least 90% | ||||||
8 | coal as a feedstock, with all such coal having a high | ||||||
9 | bituminous rank and greater than 1.7 pounds of sulfur per | ||||||
10 | million Btu btu content, and that has a valid and effective | ||||||
11 | permit to construct emission sources and air pollution control | ||||||
12 | equipment and approval with respect to the federal regulations | ||||||
13 | for Prevention of Significant Deterioration of Air Quality | ||||||
14 | (PSD) for the plant pursuant to the federal Clean Air Act; | ||||||
15 | provided, however, a clean coal SNG brownfield facility shall | ||||||
16 | not be a clean coal SNG facility. | ||||||
17 | "Clean energy" means energy generation that is 90% or | ||||||
18 | greater free of carbon dioxide emissions. | ||||||
19 | "Commission" means the Illinois Commerce Commission. | ||||||
20 | "Community renewable generation project" means an electric | ||||||
21 | generating facility that: | ||||||
22 | (1) is powered by wind, solar thermal energy, | ||||||
23 | photovoltaic cells or panels, biodiesel, crops and | ||||||
24 | untreated and unadulterated organic waste biomass, and | ||||||
25 | hydropower that does not involve new construction or | ||||||
26 | significant expansion of hydropower dams; |
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1 | (2) is interconnected at the distribution system level | ||||||
2 | of an electric utility as defined in this Section, a | ||||||
3 | municipal utility as defined in this Section that owns or | ||||||
4 | operates electric distribution facilities, a public | ||||||
5 | utility as defined in Section 3-105 of the Public | ||||||
6 | Utilities Act, or an electric cooperative, as defined in | ||||||
7 | Section 3-119 of the Public Utilities Act; | ||||||
8 | (3) credits the value of electricity generated by the | ||||||
9 | facility to the subscribers of the facility; and | ||||||
10 | (4) is limited in nameplate capacity to less than or | ||||||
11 | equal to 5,000 kilowatts. | ||||||
12 | "Costs incurred in connection with the development and | ||||||
13 | construction of a facility" means: | ||||||
14 | (1) the cost of acquisition of all real property, | ||||||
15 | fixtures, and improvements in connection therewith and | ||||||
16 | equipment, personal property, and other property, rights, | ||||||
17 | and easements acquired that are deemed necessary for the | ||||||
18 | operation and maintenance of the facility; | ||||||
19 | (2) financing costs with respect to bonds, notes, and | ||||||
20 | other evidences of indebtedness of the Agency; | ||||||
21 | (3) all origination, commitment, utilization, | ||||||
22 | facility, placement, underwriting, syndication, credit | ||||||
23 | enhancement, and rating agency fees; | ||||||
24 | (4) engineering, design, procurement, consulting, | ||||||
25 | legal, accounting, title insurance, survey, appraisal, | ||||||
26 | escrow, trustee, collateral agency, interest rate hedging, |
| |||||||
| |||||||
1 | interest rate swap, capitalized interest, contingency, as | ||||||
2 | required by lenders, and other financing costs, and other | ||||||
3 | expenses for professional services; and | ||||||
4 | (5) the costs of plans, specifications, site study and | ||||||
5 | investigation, installation, surveys, other Agency costs | ||||||
6 | and estimates of costs, and other expenses necessary or | ||||||
7 | incidental to determining the feasibility of any project, | ||||||
8 | together with such other expenses as may be necessary or | ||||||
9 | incidental to the financing, insuring, acquisition, and | ||||||
10 | construction of a specific project and starting up, | ||||||
11 | commissioning, and placing that project in operation. | ||||||
12 | "Delivery services" has the same definition as found in | ||||||
13 | Section 16-102 of the Public Utilities Act. | ||||||
14 | "Delivery year" means the consecutive 12-month period | ||||||
15 | beginning June 1 of a given year and ending May 31 of the | ||||||
16 | following year. | ||||||
17 | "Department" means the Department of Commerce and Economic | ||||||
18 | Opportunity. | ||||||
19 | "Director" means the Director of the Illinois Power | ||||||
20 | Agency. | ||||||
21 | "Demand-response" means measures that decrease peak | ||||||
22 | electricity demand or shift demand from peak to off-peak | ||||||
23 | periods. | ||||||
24 | "Distributed renewable energy generation device" means a | ||||||
25 | device that is: | ||||||
26 | (1) powered by wind, solar thermal energy, |
| |||||||
| |||||||
1 | photovoltaic cells or panels, biodiesel, crops and | ||||||
2 | untreated and unadulterated organic waste biomass, tree | ||||||
3 | waste, and hydropower that does not involve new | ||||||
4 | construction or significant expansion of hydropower dams, | ||||||
5 | waste heat to power systems, or qualified combined heat | ||||||
6 | and power systems; | ||||||
7 | (2) interconnected at the distribution system level of | ||||||
8 | either an electric utility as defined in this Section, a | ||||||
9 | municipal utility as defined in this Section that owns or | ||||||
10 | operates electric distribution facilities, or a rural | ||||||
11 | electric cooperative as defined in Section 3-119 of the | ||||||
12 | Public Utilities Act; | ||||||
13 | (3) located on the customer side of the customer's | ||||||
14 | electric meter and is primarily used to offset that | ||||||
15 | customer's electricity load; and | ||||||
16 | (4) (blank). | ||||||
17 | "Energy efficiency" means measures that reduce the amount | ||||||
18 | of electricity or natural gas consumed in order to achieve a | ||||||
19 | given end use. "Energy efficiency" includes voltage | ||||||
20 | optimization measures that optimize the voltage at points on | ||||||
21 | the electric distribution voltage system and thereby reduce | ||||||
22 | electricity consumption by electric customers' end use | ||||||
23 | devices. "Energy efficiency" also includes measures that | ||||||
24 | reduce the total Btus of electricity, natural gas, and other | ||||||
25 | fuels needed to meet the end use or uses. | ||||||
26 | "Electric utility" has the same definition as found in |
| |||||||
| |||||||
1 | Section 16-102 of the Public Utilities Act. | ||||||
2 | "Equity investment eligible community" or "eligible | ||||||
3 | community" are synonymous and mean the geographic areas | ||||||
4 | throughout Illinois which would most benefit from equitable | ||||||
5 | investments by the State designed to combat discrimination. | ||||||
6 | Specifically, the eligible communities shall be defined as the | ||||||
7 | following areas: | ||||||
8 | (1) R3 Areas as established pursuant to Section 10-40 | ||||||
9 | of the Cannabis Regulation and Tax Act, where residents | ||||||
10 | have historically been excluded from economic | ||||||
11 | opportunities, including opportunities in the energy | ||||||
12 | sector; and | ||||||
13 | (2) environmental Environmental justice communities, | ||||||
14 | as defined by the Illinois Power Agency pursuant to the | ||||||
15 | Illinois Power Agency Act, where residents have | ||||||
16 | historically been subject to disproportionate burdens of | ||||||
17 | pollution, including pollution from the energy sector. | ||||||
18 | "Equity eligible persons" or "eligible persons" means | ||||||
19 | persons who would most benefit from equitable investments by | ||||||
20 | the State designed to combat discrimination, specifically: | ||||||
21 | (1) persons who graduate from or are current or former | ||||||
22 | participants in the Clean Jobs Workforce Network Program, | ||||||
23 | the Clean Energy Contractor Incubator Program, the | ||||||
24 | Illinois Climate Works Preapprenticeship Program, | ||||||
25 | Returning Residents Clean Jobs Training Program, or the | ||||||
26 | Clean Energy Primes Contractor Accelerator Program, and |
| |||||||
| |||||||
1 | the solar training pipeline and multi-cultural jobs | ||||||
2 | program created in paragraphs (a)(1) and (a)(3) of Section | ||||||
3 | 16-108.12 16-108.21 of the Public Utilities Act; | ||||||
4 | (2) persons who are graduates of or currently enrolled | ||||||
5 | in the foster care system; | ||||||
6 | (3) persons who were formerly incarcerated; | ||||||
7 | (4) persons whose primary residence is in an equity | ||||||
8 | investment eligible community. | ||||||
9 | "Equity eligible contractor" means a business that is | ||||||
10 | majority-owned by eligible persons, or a nonprofit or | ||||||
11 | cooperative that is majority-governed by eligible persons, or | ||||||
12 | is a natural person that is an eligible person offering | ||||||
13 | personal services as an independent contractor. | ||||||
14 | "Facility" means an electric generating unit or a | ||||||
15 | co-generating unit that produces electricity along with | ||||||
16 | related equipment necessary to connect the facility to an | ||||||
17 | electric transmission or distribution system. | ||||||
18 | "General contractor Contractor " means the entity or | ||||||
19 | organization with main responsibility for the building of a | ||||||
20 | construction project and who is the party signing the prime | ||||||
21 | construction contract for the project. | ||||||
22 | "Governmental aggregator" means one or more units of local | ||||||
23 | government that individually or collectively procure | ||||||
24 | electricity to serve residential retail electrical loads | ||||||
25 | located within its or their jurisdiction. | ||||||
26 | "High voltage direct current converter station" means the |
| |||||||
| |||||||
1 | collection of equipment that converts direct current energy | ||||||
2 | from a high voltage direct current transmission line into | ||||||
3 | alternating current using Voltage Source Conversion technology | ||||||
4 | and that is interconnected with transmission or distribution | ||||||
5 | assets located in Illinois. | ||||||
6 | "High voltage direct current renewable energy credit" | ||||||
7 | means a renewable energy credit associated with a renewable | ||||||
8 | energy resource where the renewable energy resource has | ||||||
9 | entered into a contract to transmit the energy associated with | ||||||
10 | such renewable energy credit over high voltage direct current | ||||||
11 | transmission facilities. | ||||||
12 | "High voltage direct current transmission facilities" | ||||||
13 | means the collection of installed equipment that converts | ||||||
14 | alternating current energy in one location to direct current | ||||||
15 | and transmits that direct current energy to a high voltage | ||||||
16 | direct current converter station using Voltage Source | ||||||
17 | Conversion technology. "High voltage direct current | ||||||
18 | transmission facilities" includes the high voltage direct | ||||||
19 | current converter station itself and associated high voltage | ||||||
20 | direct current transmission lines. Notwithstanding the | ||||||
21 | preceding, after September 15, 2021 ( the effective date of | ||||||
22 | Public Act 102-662) this amendatory Act of the 102nd General | ||||||
23 | Assembly , an otherwise qualifying collection of equipment does | ||||||
24 | not qualify as high voltage direct current transmission | ||||||
25 | facilities unless its developer entered into a project labor | ||||||
26 | agreement, is capable of transmitting electricity at 525kv |
| |||||||
| |||||||
1 | with an Illinois converter station located and interconnected | ||||||
2 | in the region of the PJM Interconnection, LLC, and the system | ||||||
3 | does not operate as a public utility, as that term is defined | ||||||
4 | in Section 3-105 of the Public Utilities Act. | ||||||
5 | "Index price" means the real-time energy settlement price | ||||||
6 | at the applicable Illinois trading hub, such as PJM-NIHUB or | ||||||
7 | MISO-IL, for a given settlement period. | ||||||
8 | "Indexed renewable energy credit" means a tradable credit | ||||||
9 | that represents the environmental attributes of one megawatt | ||||||
10 | hour of energy produced from a renewable energy resource, the | ||||||
11 | price of which shall be calculated by subtracting the strike | ||||||
12 | price offered by a new utility-scale wind project or a new | ||||||
13 | utility-scale photovoltaic project from the index price in a | ||||||
14 | given settlement period. | ||||||
15 | "Indexed renewable energy credit counterparty" has the | ||||||
16 | same meaning as "public utility" as defined in Section 3-105 | ||||||
17 | of the Public Utilities Act. | ||||||
18 | "Local government" means a unit of local government as | ||||||
19 | defined in Section 1 of Article VII of the Illinois | ||||||
20 | Constitution. | ||||||
21 | "Municipality" means a city, village, or incorporated | ||||||
22 | town. | ||||||
23 | "Municipal utility" means a public utility owned and | ||||||
24 | operated by any subdivision or municipal corporation of this | ||||||
25 | State. | ||||||
26 | "Nameplate capacity" means the aggregate inverter |
| |||||||
| |||||||
1 | nameplate capacity in kilowatts AC. | ||||||
2 | "Person" means any natural person, firm, partnership, | ||||||
3 | corporation, either domestic or foreign, company, association, | ||||||
4 | limited liability company, joint stock company, or association | ||||||
5 | and includes any trustee, receiver, assignee, or personal | ||||||
6 | representative thereof. | ||||||
7 | "Project" means the planning, bidding, and construction of | ||||||
8 | a facility. | ||||||
9 | "Project labor agreement" means a pre-hire collective | ||||||
10 | bargaining agreement that covers all terms and conditions of | ||||||
11 | employment on a specific construction project and must include | ||||||
12 | the following: | ||||||
13 | (1) provisions establishing the minimum hourly wage | ||||||
14 | for each class of labor organization employee; | ||||||
15 | (2) provisions establishing the benefits and other | ||||||
16 | compensation for each class of labor organization | ||||||
17 | employee; | ||||||
18 | (3) provisions establishing that no strike or disputes | ||||||
19 | will be engaged in by the labor organization employees; | ||||||
20 | (4) provisions establishing that no lockout or | ||||||
21 | disputes will be engaged in by the general contractor | ||||||
22 | building the project; and | ||||||
23 | (5) provisions for minorities and women, as defined | ||||||
24 | under the Business Enterprise for Minorities, Women, and | ||||||
25 | Persons with Disabilities Act, setting forth goals for | ||||||
26 | apprenticeship hours to be performed by minorities and |
| |||||||
| |||||||
1 | women and setting forth goals for total hours to be | ||||||
2 | performed by underrepresented minorities and women. | ||||||
3 | A labor organization and the general contractor building | ||||||
4 | the project shall have the authority to include other terms | ||||||
5 | and conditions as they deem necessary. | ||||||
6 | "Public utility" has the same definition as found in | ||||||
7 | Section 3-105 of the Public Utilities Act. | ||||||
8 | "Qualified combined heat and power systems" means systems | ||||||
9 | that, either simultaneously or sequentially, produce | ||||||
10 | electricity and useful thermal energy from a single fuel | ||||||
11 | source. Such systems are eligible for "renewable energy | ||||||
12 | credits" in an amount equal to its total energy output where a | ||||||
13 | renewable fuel is consumed or in an amount equal to the net | ||||||
14 | reduction in nonrenewable fuel consumed on a total energy | ||||||
15 | output basis. | ||||||
16 | "Real property" means any interest in land together with | ||||||
17 | all structures, fixtures, and improvements thereon, including | ||||||
18 | lands under water and riparian rights, any easements, | ||||||
19 | covenants, licenses, leases, rights-of-way, uses, and other | ||||||
20 | interests, together with any liens, judgments, mortgages, or | ||||||
21 | other claims or security interests related to real property. | ||||||
22 | "Renewable energy credit" means a tradable credit that | ||||||
23 | represents the environmental attributes of one megawatt hour | ||||||
24 | of energy produced from a renewable energy resource. | ||||||
25 | "Renewable energy resources" includes energy and its | ||||||
26 | associated renewable energy credit or renewable energy credits |
| |||||||
| |||||||
1 | from wind, solar thermal energy, photovoltaic cells and | ||||||
2 | panels, biodiesel, anaerobic digestion, crops and untreated | ||||||
3 | and unadulterated organic waste biomass, and hydropower that | ||||||
4 | does not involve new construction or significant expansion of | ||||||
5 | hydropower dams, waste heat to power systems, or qualified | ||||||
6 | combined heat and power systems. For purposes of this Act, | ||||||
7 | landfill gas produced in the State is considered a renewable | ||||||
8 | energy resource. "Renewable energy resources" does not include | ||||||
9 | the incineration or burning of tires, garbage, general | ||||||
10 | household, institutional, and commercial waste, industrial | ||||||
11 | lunchroom or office waste, landscape waste, railroad | ||||||
12 | crossties, utility poles, or construction or demolition | ||||||
13 | debris, other than untreated and unadulterated waste wood. | ||||||
14 | "Renewable energy resources" also includes high voltage direct | ||||||
15 | current renewable energy credits and the associated energy | ||||||
16 | converted to alternating current by a high voltage direct | ||||||
17 | current converter station to the extent that: (1) the | ||||||
18 | generator of such renewable energy resource contracted with a | ||||||
19 | third party to transmit the energy over the high voltage | ||||||
20 | direct current transmission facilities, and (2) the | ||||||
21 | third-party contracting for delivery of renewable energy | ||||||
22 | resources over the high voltage direct current transmission | ||||||
23 | facilities have ownership rights over the unretired associated | ||||||
24 | high voltage direct current renewable energy credit. | ||||||
25 | "Retail customer" has the same definition as found in | ||||||
26 | Section 16-102 of the Public Utilities Act. |
| |||||||
| |||||||
1 | "Revenue bond" means any bond, note, or other evidence of | ||||||
2 | indebtedness issued by the Authority, the principal and | ||||||
3 | interest of which is payable solely from revenues or income | ||||||
4 | derived from any project or activity of the Agency. | ||||||
5 | "Sequester" means permanent storage of carbon dioxide by | ||||||
6 | injecting it into a saline aquifer, a depleted gas reservoir, | ||||||
7 | or other pore space or an oil reservoir, directly or through an | ||||||
8 | enhanced oil recovery process that may involve intermediate | ||||||
9 | storage, regardless of whether these activities are conducted | ||||||
10 | by a clean coal facility, a clean coal SNG facility, a clean | ||||||
11 | coal SNG brownfield facility, or a party with which a clean | ||||||
12 | coal facility, clean coal SNG facility, or clean coal SNG | ||||||
13 | brownfield facility has contracted for such purposes . | ||||||
14 | "Service area" has the same definition as found in Section | ||||||
15 | 16-102 of the Public Utilities Act. | ||||||
16 | "Settlement period" means the period of time utilized by | ||||||
17 | MISO and PJM and their successor organizations as the basis | ||||||
18 | for settlement calculations in the real-time energy market. | ||||||
19 | "Sourcing agreement" means (i) in the case of an electric | ||||||
20 | utility, an agreement between the owner of a clean coal | ||||||
21 | facility and such electric utility, which agreement shall have | ||||||
22 | terms and conditions meeting the requirements of paragraph (3) | ||||||
23 | of subsection (d) of Section 1-75, (ii) in the case of an | ||||||
24 | alternative retail electric supplier, an agreement between the | ||||||
25 | owner of a clean coal facility and such alternative retail | ||||||
26 | electric supplier, which agreement shall have terms and |
| |||||||
| |||||||
1 | conditions meeting the requirements of Section 16-115(d)(5) of | ||||||
2 | the Public Utilities Act, and (iii) in case of a gas utility, | ||||||
3 | an agreement between the owner of a clean coal SNG brownfield | ||||||
4 | facility and the gas utility, which agreement shall have the | ||||||
5 | terms and conditions meeting the requirements of subsection | ||||||
6 | (h-1) of Section 9-220 of the Public Utilities Act. | ||||||
7 | "Strike price" means a contract price for energy and | ||||||
8 | renewable energy credits from a new utility-scale wind project | ||||||
9 | or a new utility-scale photovoltaic project. | ||||||
10 | "Subscriber" means a person who (i) takes delivery service | ||||||
11 | from an electric utility, and (ii) has a subscription of no | ||||||
12 | less than 200 watts to a community renewable generation | ||||||
13 | project that is located in the electric utility's service | ||||||
14 | area. No subscriber's subscriptions may total more than 40% of | ||||||
15 | the nameplate capacity of an individual community renewable | ||||||
16 | generation project. Entities that are affiliated by virtue of | ||||||
17 | a common parent shall not represent multiple subscriptions | ||||||
18 | that total more than 40% of the nameplate capacity of an | ||||||
19 | individual community renewable generation project. | ||||||
20 | "Subscription" means an interest in a community renewable | ||||||
21 | generation project expressed in kilowatts, which is sized | ||||||
22 | primarily to offset part or all of the subscriber's | ||||||
23 | electricity usage. | ||||||
24 | "Substitute natural gas" or "SNG" means a gas manufactured | ||||||
25 | by gasification of hydrocarbon feedstock, which is | ||||||
26 | substantially interchangeable in use and distribution with |
| |||||||
| |||||||
1 | conventional natural gas.
| ||||||
2 | "Total resource cost test" or "TRC test" means a standard | ||||||
3 | that is met if, for an investment in energy efficiency or | ||||||
4 | demand-response measures, the benefit-cost ratio is greater | ||||||
5 | than one. The benefit-cost ratio is the ratio of the net | ||||||
6 | present value of the total benefits of the program to the net | ||||||
7 | present value of the total costs as calculated over the | ||||||
8 | lifetime of the measures. A total resource cost test compares | ||||||
9 | the sum of avoided electric utility costs, representing the | ||||||
10 | benefits that accrue to the system and the participant in the | ||||||
11 | delivery of those efficiency measures and including avoided | ||||||
12 | costs associated with reduced use of natural gas or other | ||||||
13 | fuels, avoided costs associated with reduced water | ||||||
14 | consumption, and avoided costs associated with reduced | ||||||
15 | operation and maintenance costs, as well as other quantifiable | ||||||
16 | societal benefits, to the sum of all incremental costs of | ||||||
17 | end-use measures that are implemented due to the program | ||||||
18 | (including both utility and participant contributions), plus | ||||||
19 | costs to administer, deliver, and evaluate each demand-side | ||||||
20 | program, to quantify the net savings obtained by substituting | ||||||
21 | the demand-side program for supply resources. In calculating | ||||||
22 | avoided costs of power and energy that an electric utility | ||||||
23 | would otherwise have had to acquire, reasonable estimates | ||||||
24 | shall be included of financial costs likely to be imposed by | ||||||
25 | future regulations and legislation on emissions of greenhouse | ||||||
26 | gases. In discounting future societal costs and benefits for |
| |||||||
| |||||||
1 | the purpose of calculating net present values, a societal | ||||||
2 | discount rate based on actual, long-term Treasury bond yields | ||||||
3 | should be used. Notwithstanding anything to the contrary, the | ||||||
4 | TRC test shall not include or take into account a calculation | ||||||
5 | of market price suppression effects or demand reduction | ||||||
6 | induced price effects. | ||||||
7 | "Utility-scale solar project" means an electric generating | ||||||
8 | facility that: | ||||||
9 | (1) generates electricity using photovoltaic cells; | ||||||
10 | and | ||||||
11 | (2) has a nameplate capacity that is greater than | ||||||
12 | 5,000 kilowatts. | ||||||
13 | "Utility-scale wind project" means an electric generating | ||||||
14 | facility that: | ||||||
15 | (1) generates electricity using wind; and | ||||||
16 | (2) has a nameplate capacity that is greater than | ||||||
17 | 5,000 kilowatts. | ||||||
18 | "Waste Heat to Power Systems" means systems that capture | ||||||
19 | and generate electricity from energy that would otherwise be | ||||||
20 | lost to the atmosphere without the use of additional fuel. | ||||||
21 | "Zero emission credit" means a tradable credit that | ||||||
22 | represents the environmental attributes of one megawatt hour | ||||||
23 | of energy produced from a zero emission facility. | ||||||
24 | "Zero emission facility" means a facility that: (1) is | ||||||
25 | fueled by nuclear power; and (2) is interconnected with PJM | ||||||
26 | Interconnection, LLC or the Midcontinent Independent System |
| |||||||
| |||||||
1 | Operator, Inc., or their successors. | ||||||
2 | (Source: P.A. 102-662, eff. 9-15-21; revised 6-2-22.)
| ||||||
3 | (20 ILCS 3855/1-80) | ||||||
4 | Sec. 1-80. Resource Development Bureau. Upon its | ||||||
5 | establishment by the Agency, the Resource Development Bureau | ||||||
6 | has the following duties and responsibilities: | ||||||
7 | (a) At the Agency's discretion, conduct feasibility | ||||||
8 | studies on the construction of any facility. Funding for a | ||||||
9 | study shall come from either: | ||||||
10 | (i) fees assessed by the Agency on municipal | ||||||
11 | electric systems, governmental aggregators, unit or | ||||||
12 | units of local government, or rural electric | ||||||
13 | cooperatives requesting the feasibility study; or | ||||||
14 | (ii) an appropriation from the General Assembly. | ||||||
15 | (b) If the Agency undertakes the construction of a | ||||||
16 | facility, moneys generated from the sale of revenue bonds | ||||||
17 | by the Authority for the facility shall be used to | ||||||
18 | reimburse the source of the money used for the facility's | ||||||
19 | feasibility study. | ||||||
20 | (c) The Agency may develop, finance, construct, or | ||||||
21 | operate electric generation and co-generation facilities | ||||||
22 | that use indigenous coal or renewable resources , or both, | ||||||
23 | financed with bonds issued by the Authority on behalf of | ||||||
24 | the Agency. Any such facility that uses coal must be a | ||||||
25 | clean coal facility and must be constructed in a location |
| |||||||
| |||||||
1 | where the geology is suitable for carbon sequestration. | ||||||
2 | The Agency may also develop, finance, construct, or | ||||||
3 | operate a carbon sequestration facility. | ||||||
4 | (1) The Agency may enter into contractual | ||||||
5 | arrangements with private and public entities, | ||||||
6 | including but not limited to municipal electric | ||||||
7 | systems, governmental aggregators, and rural electric | ||||||
8 | cooperatives, to plan, site, construct, improve, | ||||||
9 | rehabilitate, and operate those electric generation | ||||||
10 | and co-generation facilities. No contract shall be | ||||||
11 | entered into by the Agency that would jeopardize the | ||||||
12 | tax-exempt status of any bond issued in connection | ||||||
13 | with a project for which the Agency entered into the | ||||||
14 | contract. | ||||||
15 | (2) The Agency shall hold at least one public | ||||||
16 | hearing before entering into any such contractual | ||||||
17 | arrangements. At least 30-days' notice of the hearing | ||||||
18 | shall be given by publication once in each week during | ||||||
19 | that period in 6 newspapers within the State, at least | ||||||
20 | one of which has a circulation area that includes the | ||||||
21 | location of the proposed facility. | ||||||
22 | (3) (Blank). The first facility that the Agency | ||||||
23 | develops, finances, or constructs shall be a facility | ||||||
24 | that uses coal produced in Illinois. The Agency may, | ||||||
25 | however, also develop, finance, or construct renewable | ||||||
26 | energy facilities after work on the first facility has |
| |||||||
| |||||||
1 | commenced. | ||||||
2 | (4) The Agency may not develop, finance, or | ||||||
3 | construct a nuclear power plant. | ||||||
4 | (5) The Agency shall assess fees to applicants | ||||||
5 | seeking to partner with the Agency on projects. | ||||||
6 | (d) Use of electricity generated by the Agency's | ||||||
7 | facilities. The Agency may supply electricity produced by | ||||||
8 | the Agency's facilities to municipal electric systems, | ||||||
9 | governmental aggregators, or rural electric cooperatives | ||||||
10 | in Illinois. The electricity shall be supplied at cost. | ||||||
11 | (1) Contracts to supply power and energy from the | ||||||
12 | Agency's facilities shall provide for the effectuation | ||||||
13 | of the policies set forth in this Act. | ||||||
14 | (2) The contracts shall also provide that, | ||||||
15 | notwithstanding any provision in the Public Utilities | ||||||
16 | Act, entities supplied with power and energy from an | ||||||
17 | Agency facility shall supply the power and energy to | ||||||
18 | retail customers at the same price paid to purchase | ||||||
19 | power and energy from the Agency. | ||||||
20 | (e) Electric utilities shall not be required to purchase | ||||||
21 | electricity directly or indirectly from facilities developed | ||||||
22 | or sponsored by the Agency. | ||||||
23 | (f) The Agency may sell excess capacity and excess energy | ||||||
24 | into the wholesale electric market at prevailing market rates; | ||||||
25 | provided, however, the Agency may not sell excess capacity or | ||||||
26 | excess energy through the procurement process described in |
| |||||||
| |||||||
1 | Section 16-111.5 of the Public Utilities Act. | ||||||
2 | (g) The Agency shall not directly sell electric power and | ||||||
3 | energy to retail customers. Nothing in this paragraph shall be | ||||||
4 | construed to prohibit sales to municipal electric systems, | ||||||
5 | governmental aggregators, or rural electric cooperatives.
| ||||||
6 | (Source: P.A. 99-536, eff. 7-8-16.)
| ||||||
7 | Section 55. The Carbon Dioxide Transportation and | ||||||
8 | Sequestration Act is amended by changing Sections 10, 15, and | ||||||
9 | 20 as follows:
| ||||||
10 | (220 ILCS 75/10)
| ||||||
11 | Sec. 10. Definitions. As used in this Act: | ||||||
12 | "Carbon dioxide pipeline" or "pipeline" has the meaning | ||||||
13 | given to those terms in Section 10 of the Carbon Dioxide | ||||||
14 | Transport and Storage Protections Act means the in-state | ||||||
15 | portion of a pipeline, including appurtenant facilities, | ||||||
16 | property rights, and easements, that are used exclusively for | ||||||
17 | the purpose of transporting carbon dioxide to a point of sale, | ||||||
18 | storage, enhanced oil recovery, or other carbon management | ||||||
19 | application . | ||||||
20 | "Clean coal facility" has the meaning ascribed to that | ||||||
21 | term in Section 1-10 of the Illinois Power Agency Act. | ||||||
22 | "Clean coal SNG facility" has the meaning ascribed to that | ||||||
23 | term in Section 1-10 of the Illinois Power Agency Act. | ||||||
24 | "Commission" means the Illinois Commerce Commission. |
| |||||||
| |||||||
1 | "Sequester" has the meaning ascribed to that term in | ||||||
2 | Section 1-10 of the Illinois Power Agency Act. | ||||||
3 | "Transportation" has the meaning given to that term in | ||||||
4 | Section 10 of the Carbon Dioxide Transport and Storage | ||||||
5 | Protections Act means the physical movement of carbon dioxide | ||||||
6 | by pipeline conducted for a person's own use or account or
the | ||||||
7 | use or account of another person or persons .
| ||||||
8 | (Source: P.A. 97-534, eff. 8-23-11.)
| ||||||
9 | (220 ILCS 75/15)
| ||||||
10 | Sec. 15. Scope. This Act applies to the application | ||||||
11 | process for the issuance of a certificate of authority by an | ||||||
12 | owner or operator of a pipeline designed, constructed, and | ||||||
13 | operated to transport and to sequester carbon dioxide produced | ||||||
14 | by a clean coal facility, by a clean coal SNG facility, or by | ||||||
15 | any other source that will result in the reduction of carbon | ||||||
16 | dioxide emissions from that source .
| ||||||
17 | (Source: P.A. 97-534, eff. 8-23-11.)
| ||||||
18 | (220 ILCS 75/20)
| ||||||
19 | Sec. 20. Application. | ||||||
20 | (a) No person or entity may construct, operate, or repair | ||||||
21 | a carbon dioxide pipeline unless the person or entity | ||||||
22 | possesses a certificate of authority. | ||||||
23 | (a-5) Before filing an application for a certificate of | ||||||
24 | authority with the Commission, a person or entity seeking the |
| |||||||
| |||||||
1 | certificate must: | ||||||
2 | (1) hold at least one informational public meeting in | ||||||
3 | each county in which the pipeline it seeks would be | ||||||
4 | located, at which the person or entity must: | ||||||
5 | (A) present a map of the proposed pipeline route | ||||||
6 | under consideration; | ||||||
7 | (B) provide, at a minimum, information about the | ||||||
8 | diameter of the pipeline it intends to propose, the | ||||||
9 | contents, flow rate, pressure, and temperature of the | ||||||
10 | pipeline, and the ancillary equipment associated with | ||||||
11 | the pipeline; | ||||||
12 | (C) present any emergency response plan it has | ||||||
13 | drafted or is preparing; and | ||||||
14 | (D) be prepared to answer questions from the | ||||||
15 | public concerning the pipeline; | ||||||
16 | (2) consult with the boards of all counties and, if | ||||||
17 | the proposed pipeline would pass through any | ||||||
18 | municipalities, all municipal governments through which | ||||||
19 | the pipeline would pass, on: | ||||||
20 | (A) zoning; | ||||||
21 | (B) emergency response planning; | ||||||
22 | (C) road crossings, road use, road repair, and | ||||||
23 | road bonding; | ||||||
24 | (D) right-of-way agreements for county and | ||||||
25 | municipal land; and | ||||||
26 | (E) pipeline abandonment; |
| |||||||
| |||||||
1 | (3) during at least one public meeting of the county
| ||||||
2 | boards or municipal bodies with whom the consultation | ||||||
3 | is
taking place, provide a presentation on each | ||||||
4 | subject of
the consultation and seek public input on | ||||||
5 | the information
presented; and | ||||||
6 | (4) compile an accurate, verified list of all occupied | ||||||
7 | residences, businesses, schools, day cares, and health | ||||||
8 | care facilities located within 1.5 miles of the proposed | ||||||
9 | pipeline route. | ||||||
10 | The person or entity must submit the list compiled under | ||||||
11 | paragraph (4) to the county and municipal governments of any | ||||||
12 | county and municipality through which the proposed pipeline is | ||||||
13 | projected to pass before filing the person or entity's | ||||||
14 | application under this Section. | ||||||
15 | (a-10) The Commission shall hold at least one public
| ||||||
16 | meeting in each county in which the proposed pipeline would be
| ||||||
17 | located, at which the Commission shall accept public comment
| ||||||
18 | on the application and proposed pipeline. Such meetings must
| ||||||
19 | be held no later than 30 days following the hearing specified
| ||||||
20 | in subsection (c). | ||||||
21 | (b) The Commission, after a hearing, may grant an | ||||||
22 | application for a certificate of authority authorizing the | ||||||
23 | construction and operation of a carbon dioxide pipeline if it | ||||||
24 | makes a specific written finding as to each of the following: | ||||||
25 | (1) the application was properly filed; | ||||||
26 | (2) the applicant is fit, willing, and able to |
| |||||||
| |||||||
1 | construct and operate the pipeline in compliance with this | ||||||
2 | Act and with Commission regulations and orders of the | ||||||
3 | Commission or any applicable federal agencies; | ||||||
4 | (3) the applicant has entered into an agreement with a | ||||||
5 | clean coal facility, a clean coal SNG facility, or any | ||||||
6 | other source that will result in the reduction of carbon | ||||||
7 | dioxide emissions from that source; | ||||||
8 | (4) the applicant has filed
with the Pipeline and | ||||||
9 | Hazardous Materials Safety
Administration of the U.S. | ||||||
10 | Department of Transportation
all forms required by that | ||||||
11 | agency in advance of
constructing a carbon dioxide | ||||||
12 | pipeline; | ||||||
13 | (5) the applicant has filed with the U.S. Army Corps | ||||||
14 | of Engineers all applications for
permits required by that | ||||||
15 | agency in advance of constructing
a carbon dioxide | ||||||
16 | pipeline; | ||||||
17 | (6) the applicant has entered into an agreement
with | ||||||
18 | the Illinois Department of Agriculture that governs
the | ||||||
19 | mitigation of agricultural impacts associated with the
| ||||||
20 | construction of the proposed pipeline; | ||||||
21 | (7) the applicant possesses the financial,
managerial, | ||||||
22 | legal, and technical qualifications necessary
to construct | ||||||
23 | and operate the proposed carbon dioxide
pipeline; and
| ||||||
24 | (7.5) the applicant has demonstrated that its proposed | ||||||
25 | pipeline route would satisfy the setback mandates | ||||||
26 | established in Section 9.19 of the Environmental |
| |||||||
| |||||||
1 | Protection Act or that the applicant has obtained an | ||||||
2 | approved variance or adjusted standard from those setback | ||||||
3 | requirements from the Pollution Control Board; | ||||||
4 | (7.10) the applicant has submitted proof of receipt by | ||||||
5 | county and municipal government officials of counties and | ||||||
6 | municipalities through which the proposed pipeline will | ||||||
7 | pass of the list of all occupied residences, businesses, | ||||||
8 | schools, day cares, and health care facilities located | ||||||
9 | within 2 miles of its proposed pipeline route; | ||||||
10 | (7.15) the applicant has submitted proof that it has | ||||||
11 | obtained easements or title from all persons owning any | ||||||
12 | portion of the property the applicant seeks to utilize for | ||||||
13 | the construction, maintenance, or operation of the | ||||||
14 | proposed carbon dioxide pipeline; | ||||||
15 | (7.20) the applicant has provided an analysis of | ||||||
16 | geohazards, including, but not limited to, slope | ||||||
17 | instability, frost heave, soil settlement, erosion, | ||||||
18 | earthquakes, mine subsidence, or other dynamic geologic, | ||||||
19 | edaphic, and meteorological conditions along the proposed | ||||||
20 | pipeline route, and has demonstrated that the proposed | ||||||
21 | route avoids geohazards to the maximum extent possible; | ||||||
22 | (7.25) the applicant has provided proof of insurance
| ||||||
23 | to cover injuries, damages, or losses related to a release
| ||||||
24 | of carbon dioxide from the pipeline in the amount of at
| ||||||
25 | least $250,000,000, from an insurance carrier authorized,
| ||||||
26 | licensed, or permitted to do so in this State and that
|
| |||||||
| |||||||
1 | holds at least an A- rating by an American credit rating
| ||||||
2 | agency that focuses on the insurance industry, and has
| ||||||
3 | posted with the Commission a performance bond or other
| ||||||
4 | financial assurance sufficient to cover the cost of
| ||||||
5 | emergency response and remediation for any pipeline leak
| ||||||
6 | or failure in the form of a trust fund, a surety bond
| ||||||
7 | guaranteeing payment, a surety bond guaranteeing
| ||||||
8 | performance, or an irrevocable letter of credit consistent
| ||||||
9 | with rules adopted by the Commission; and | ||||||
10 | (8) the proposed pipeline is consistent with the | ||||||
11 | public interest and , public benefit , and legislative | ||||||
12 | purpose as set forth in this Act . In addition to any other | ||||||
13 | evidence the Commission may consider on this specific | ||||||
14 | finding, the Commission shall consider the following: | ||||||
15 | (A) any evidence of the effect of the pipeline | ||||||
16 | upon the economy, infrastructure, environment, and | ||||||
17 | public safety presented by local governmental units | ||||||
18 | that will be affected by the proposed pipeline route; | ||||||
19 | (B) any evidence of the effect of the pipeline | ||||||
20 | upon property values presented by property owners who | ||||||
21 | will be affected by the proposed pipeline or facility, | ||||||
22 | provided that the Commission need not hear evidence as | ||||||
23 | to the actual valuation of property such as that as | ||||||
24 | would be presented to and determined by the courts | ||||||
25 | under the Eminent Domain Act; | ||||||
26 | (C) any evidence presented by the Department of |
| |||||||
| |||||||
1 | Commerce and Economic Opportunity regarding the | ||||||
2 | current and future local, State-wide, or regional | ||||||
3 | economic effect, direct or indirect, of the proposed | ||||||
4 | pipeline or facility including, but not limited to, | ||||||
5 | ability of the State to attract economic growth, meet | ||||||
6 | future energy requirements, and ensure compliance with | ||||||
7 | environmental requirements and goals; | ||||||
8 | (D) any evidence addressing the factors described | ||||||
9 | in items (1) through (8) of this subsection (b) or | ||||||
10 | other relevant factors that is presented by any other | ||||||
11 | State agency, the applicant, a party, or other entity | ||||||
12 | that participates in the proceeding, including | ||||||
13 | evidence presented by the Commission's staff; and | ||||||
14 | (E) any evidence presented by any State or federal | ||||||
15 | governmental entity as to how the proposed pipeline | ||||||
16 | will affect the security, stability, and reliability | ||||||
17 | of energy. | ||||||
18 | In its written order, the Commission shall address all of | ||||||
19 | the evidence presented, and if the order is contrary to any of | ||||||
20 | the evidence, the Commission shall state the reasons for its | ||||||
21 | determination with regard to that evidence.
| ||||||
22 | (c) When an applicant files its application for a | ||||||
23 | certificate of authority with the Commission, it shall provide | ||||||
24 | notice to each local government where the proposed pipeline | ||||||
25 | will be located and include a map of the proposed pipeline | ||||||
26 | route. The applicant shall also publish notice in a newspaper |
| |||||||
| |||||||
1 | of general circulation in each county where the proposed | ||||||
2 | pipeline is located. | ||||||
3 | (d) An application for a certificate of authority filed | ||||||
4 | pursuant to this Section shall request either that the | ||||||
5 | Commission review and approve a specific route for a carbon | ||||||
6 | dioxide pipeline, or that the Commission review and approve a | ||||||
7 | project route width that identifies the areas in which the | ||||||
8 | pipeline would be located, with such width ranging from the | ||||||
9 | minimum width required for a pipeline right-of-way up to 200 | ||||||
10 | feet in width. A map of the route or route width shall be | ||||||
11 | included in the application. The purpose for allowing the | ||||||
12 | option of review and approval of a project route width is to | ||||||
13 | provide increased flexibility during the construction process | ||||||
14 | to accommodate specific landowner requests, avoid | ||||||
15 | environmentally sensitive areas, or address special | ||||||
16 | environmental permitting requirements. | ||||||
17 | (e) The Commission's rules shall ensure that notice of an | ||||||
18 | application for a certificate of authority is provided within | ||||||
19 | 30 days after filing to the landowners along a proposed | ||||||
20 | project route, or to the potentially affected landowners | ||||||
21 | within a proposed project route width, using the notification | ||||||
22 | procedures set forth in the Commission's rules. If the | ||||||
23 | Commission grants approval of a project route width as opposed | ||||||
24 | to a specific project route, then the applicant must, as it | ||||||
25 | finalizes the actual pipeline alignment within the project | ||||||
26 | route width, file its final list of affected landowners with |
| |||||||
| |||||||
1 | the Commission at least 14 days in advance of beginning | ||||||
2 | construction on any tract within the project route width and | ||||||
3 | also provide the Commission with at least 14 days' notice | ||||||
4 | before filing a complaint for eminent domain in the circuit | ||||||
5 | court with regard to any tract within the project route width. | ||||||
6 | (f) The Commission shall make its determination on any | ||||||
7 | application for a certificate of authority filed pursuant to | ||||||
8 | this Section and issue its final order within 11 months after | ||||||
9 | the date that the application is filed. The Commission's | ||||||
10 | failure to act within this time period shall not be deemed an | ||||||
11 | approval or denial of the application. | ||||||
12 | (g) A final order of the Commission granting a certificate | ||||||
13 | of authority pursuant to this Act shall not be issued until the | ||||||
14 | applicant has obtained be conditioned upon the applicant | ||||||
15 | obtaining all required permits or approvals from the Pipeline | ||||||
16 | and Hazardous Materials Safety Administration of the U.S. | ||||||
17 | Department of Transportation, U.S. Army Corps of Engineers, | ||||||
18 | and Illinois Department of Agriculture, in addition to all | ||||||
19 | other permits and approvals necessary for the construction and | ||||||
20 | operation of the pipeline prior to the start of any | ||||||
21 | construction. The final order must specifically prohibit the | ||||||
22 | start of any construction until all such permits and approvals | ||||||
23 | have been obtained. | ||||||
24 | (h) Within 6 months after the Commission's entry of an | ||||||
25 | order approving either a specific route or a project route | ||||||
26 | width under this Section, the owner or operator of the carbon |
| |||||||
| |||||||
1 | dioxide pipeline that receives that order may file | ||||||
2 | supplemental applications for minor route deviations outside | ||||||
3 | the approved project route width, allowing for additions or | ||||||
4 | changes to the approved route to address environmental | ||||||
5 | concerns encountered during construction or to accommodate | ||||||
6 | landowner requests. The supplemental application shall | ||||||
7 | specifically detail the environmental concerns or landowner | ||||||
8 | requests prompting the route changes, including the names of | ||||||
9 | any landowners or entities involved. Notice of a supplemental | ||||||
10 | application shall be provided to any State agency or unit of | ||||||
11 | local government that appeared in the original proceeding and | ||||||
12 | to any landowner affected by the proposed route deviation at | ||||||
13 | the time that supplemental application is filed. The route | ||||||
14 | deviations shall be approved by the Commission no sooner than | ||||||
15 | 90 days after all interested parties receive notice of the | ||||||
16 | supplemental application, unless a written objection is filed | ||||||
17 | to the supplemental application within 45 days after such | ||||||
18 | notice is received. If a written objection is filed, then the | ||||||
19 | Commission shall issue an order either granting or denying the | ||||||
20 | route deviation within 90 days after the filing of the | ||||||
21 | objection. Hearings on any such supplemental application shall | ||||||
22 | be limited to the reasonableness of the specific variance | ||||||
23 | proposed, and the issues of the public interest and benefit of | ||||||
24 | the project or fitness of the applicant shall be considered | ||||||
25 | only to the extent that the route deviation has raised new | ||||||
26 | concerns with regard to those issues. |
| |||||||
| |||||||
1 | (i) A certificate of authority to construct and operate a | ||||||
2 | carbon dioxide pipeline issued by the Commission shall contain | ||||||
3 | and include all of the following: (1) a grant of authority to | ||||||
4 | construct and operate a carbon dioxide pipeline as requested | ||||||
5 | in the application, subject to the laws of this State . ; and | ||||||
6 | (2) a limited grant of authority to take and acquire | ||||||
7 | an easement in any property or interest in property for | ||||||
8 | the construction, maintenance, or operation of a carbon | ||||||
9 | dioxide pipeline in the manner provided for the exercise | ||||||
10 | of the power of eminent domain under the Eminent Domain | ||||||
11 | Act. The limited grant of authority shall be restricted | ||||||
12 | to, and exercised solely for, the purpose of siting, | ||||||
13 | rights-of-way, and easements appurtenant, including | ||||||
14 | construction and maintenance. The applicant shall not | ||||||
15 | exercise this power until it has used reasonable and good | ||||||
16 | faith efforts to acquire the property or easement thereto. | ||||||
17 | The applicant may thereafter use this power when the | ||||||
18 | applicant determines that the easement is necessary to | ||||||
19 | avoid unreasonable delay or economic hardship to the | ||||||
20 | progress of activities carried out pursuant to the | ||||||
21 | certificate of authority.
| ||||||
22 | (Source: P.A. 97-534, eff. 8-23-11.)
| ||||||
23 | (220 ILCS 75/5 rep.) | ||||||
24 | Section 60. The Carbon Dioxide Transportation and | ||||||
25 | Sequestration Act is amended by repealing Section 5.
|
| |||||||
| |||||||
1 | Section 65. The Environmental Protection Act is amended by | ||||||
2 | changing Sections 21, 39, and 40 and by adding Sections 3.121, | ||||||
3 | 3.132, 3.133, 3.134, 3.136, 3.446, 3.447, 9.19, 9.20, and | ||||||
4 | 22.63 as follows:
| ||||||
5 | (415 ILCS 5/3.121 new) | ||||||
6 | Sec. 3.121. Area of review. "Area of review" means the | ||||||
7 | region surrounding a geologic carbon dioxide sequestration | ||||||
8 | project where groundwater classified as Class 1, Class 2, or | ||||||
9 | Class 3 under 35 Ill. Adm. Code Part 620, Subpart B may be | ||||||
10 | endangered by the injection of carbon dioxide. An "area of | ||||||
11 | review" is delineated using computational modeling that | ||||||
12 | accounts for the physical and chemical properties of all | ||||||
13 | phases of the injected carbon dioxide stream and displaced | ||||||
14 | fluids and is based on available site characterization, | ||||||
15 | monitoring, and operational data specified in the Board's | ||||||
16 | rules adopted under Section 22.63.
| ||||||
17 | (415 ILCS 5/3.132 new) | ||||||
18 | Sec. 3.132. Carbon dioxide capture project. "Carbon | ||||||
19 | dioxide capture project" means a project that uses a process | ||||||
20 | to separate carbon dioxide from industrial or energy-related | ||||||
21 | sources, other than oil or gas production from a well, and | ||||||
22 | produces a concentrated fluid of carbon dioxide. "Carbon | ||||||
23 | dioxide capture project" includes carbon dioxide captured as |
| |||||||
| |||||||
1 | part of a research and development project or a project funded | ||||||
2 | by research and development funds, unless the operator | ||||||
3 | demonstrates to the satisfaction of the Agency that the | ||||||
4 | project meets criteria for exclusion as a research and | ||||||
5 | development project under rules adopted by the Board under | ||||||
6 | paragraph (9) of subsection (g) of Section 9.20.
| ||||||
7 | (415 ILCS 5/3.133 new) | ||||||
8 | Sec. 3.133. Carbon dioxide pipeline. "Carbon dioxide | ||||||
9 | pipeline" has the meaning given to that term in Section 10 of | ||||||
10 | the Carbon Dioxide Transportation and Sequestration Act.
| ||||||
11 | (415 ILCS 5/3.134 new) | ||||||
12 | Sec. 3.134. Concentrated carbon dioxide fluid. | ||||||
13 | "Concentrated carbon dioxide fluid" means a fluid that | ||||||
14 | contains concentrated carbon dioxide that is proportionately | ||||||
15 | greater than the ambient atmospheric concentration of carbon | ||||||
16 | dioxide.
| ||||||
17 | (415 ILCS 5/3.136 new) | ||||||
18 | Sec. 3.136. Confining zone. "Confining zone" means a | ||||||
19 | geologic formation, a group of geologic formations, or part of | ||||||
20 | a geologic formation stratigraphically overlying a zone of | ||||||
21 | carbon dioxide injection that acts as a barrier to fluid | ||||||
22 | movement.
|
| |||||||
| |||||||
1 | (415 ILCS 5/3.446 new) | ||||||
2 | Sec. 3.446. Sequestration. "Sequestration" has the meaning | ||||||
3 | given to that term in Section 10 of the Carbon Dioxide | ||||||
4 | Transport and Storage Protections Act.
| ||||||
5 | (415 ILCS 5/3.447 new) | ||||||
6 | Sec. 3.447. Sequestration facility. "Sequestration | ||||||
7 | facility" has the meaning given to that term in Section 10 of | ||||||
8 | the Carbon Dioxide Transport and Storage Protections Act.
| ||||||
9 | (415 ILCS 5/9.19 new) | ||||||
10 | Sec. 9.19. Setbacks from carbon dioxide pipelines. | ||||||
11 | (a) The General Assembly finds that: | ||||||
12 | (1) Carbon dioxide is an asphyxiant. A carbon dioxide | ||||||
13 | leak from a carbon dioxide pipeline poses a risk of grave | ||||||
14 | harm to human health and the environment. | ||||||
15 | (2) Setbacks from occupied structures and high-density | ||||||
16 | areas are necessary to protect against potential harm from | ||||||
17 | carbon dioxide pipeline leaks. | ||||||
18 | (b) No carbon dioxide pipeline, pump, or compressor | ||||||
19 | station may be located any closer than within: | ||||||
20 | (1) one mile of an occupied residential property, | ||||||
21 | except that if the occupied residential property is part | ||||||
22 | of a development that includes 10 or more occupied | ||||||
23 | residential properties the carbon dioxide pipeline may not | ||||||
24 | be located within 1.5 miles of the occupied residential |
| |||||||
| |||||||
1 | property; | ||||||
2 | (2) one mile of a commercial property containing a | ||||||
3 | business with fewer than 10 employees; | ||||||
4 | (3) one mile of a livestock facility containing 100 | ||||||
5 | animals or more; | ||||||
6 | (4) 1.5 miles of a residential, commercial, or | ||||||
7 | industrial structure or facility that typically contain 10 | ||||||
8 | or more persons; | ||||||
9 | (5) two miles of a structure containing 10 or more | ||||||
10 | persons with limited mobility, including, but not limited | ||||||
11 | to, nursing homes and hospitals; or | ||||||
12 | (6) two miles of a structure with a permitted | ||||||
13 | occupancy of 100 or more persons, including, but not | ||||||
14 | limited to, schools, places of worship, shopping | ||||||
15 | facilities, and entertainment facilities. | ||||||
16 | (c) Setback distances from carbon dioxide pipelines shall | ||||||
17 | be measured from the center line of the carbon dioxide | ||||||
18 | pipeline. Setback distances from pumps and compressor stations | ||||||
19 | shall be measured from the property line of the pump or | ||||||
20 | compressor station. | ||||||
21 | (d) A unit of local government may require setbacks | ||||||
22 | greater than the minimums established under this Section. | ||||||
23 | (e) No adjusted standard, variance, or other regulatory | ||||||
24 | relief otherwise available under this Act may be granted for | ||||||
25 | the minimum setback mandates of this Section unless, in | ||||||
26 | addition to satisfying the general requirements for an |
| |||||||
| |||||||
1 | adjusted standard under Section 28.1 or the standards for a | ||||||
2 | variance under Section 35, as applicable, a person seeking to | ||||||
3 | build or operate a carbon dioxide pipeline includes in the | ||||||
4 | petition for an adjusted standard or variance: | ||||||
5 | (1) computational fluid dynamic computer modeling | ||||||
6 | showing the dispersion of a plume of carbon dioxide | ||||||
7 | following a worst-case rupture of the proposed carbon | ||||||
8 | dioxide pipeline, considering the rupture in both typical | ||||||
9 | and still-air weather conditions in topography typical in | ||||||
10 | the applicable county; | ||||||
11 | (2) data and analysis demonstrating that the carbon | ||||||
12 | dioxide pipeline is proposed to be constructed a | ||||||
13 | sufficient distance from an occupied structure so that | ||||||
14 | carbon dioxide concentrations in or near the occupied | ||||||
15 | structure will not intoxicate, asphyxiate, or otherwise | ||||||
16 | harm the health of any humans or livestock therein; and | ||||||
17 | (3) an explanation of the reasons that the setbacks | ||||||
18 | established under this Section are not practicable.
| ||||||
19 | (415 ILCS 5/9.20 new) | ||||||
20 | Sec. 9.20. Carbon dioxide capture. | ||||||
21 | (a) The General Assembly finds that: | ||||||
22 | (1) The capture of carbon dioxide from industrial | ||||||
23 | facilities, including, but not limited to, ethanol plants | ||||||
24 | and methane processing facilities, and electric-generation | ||||||
25 | facilities requires a significant amount of power to |
| |||||||
| |||||||
1 | undertake, the generation of which can increase harmful | ||||||
2 | air and water pollutants. | ||||||
3 | (2) The capture of carbon dioxide generally requires | ||||||
4 | significant volumes of water that could be used for | ||||||
5 | domestic, agricultural, recreational, or industrial uses. | ||||||
6 | (3) The capture of carbon dioxide from industrial and | ||||||
7 | electric-generation facilities has often failed to meet | ||||||
8 | objectives for capture and thus allowed more carbon | ||||||
9 | dioxide pollution into the atmosphere than proposed. | ||||||
10 | (4) The State has a long-standing policy to restore, | ||||||
11 | protect, and enhance the environment, including the purity | ||||||
12 | of the air, land, and waters, such as groundwaters, of | ||||||
13 | this State. | ||||||
14 | (5) A clean environment is essential to the growth and | ||||||
15 | well-being of this State. | ||||||
16 | (6) The capture of carbon dioxide from industrial and | ||||||
17 | electric-generation facilities will not achieve the | ||||||
18 | State's longstanding policy to restore, protect, and | ||||||
19 | enhance the environment unless clear standards are adopted | ||||||
20 | to require the reduction of air and water pollution | ||||||
21 | associated with carbon capture, to limit water use when | ||||||
22 | other important uses are in jeopardy, and to ensure that | ||||||
23 | carbon capture does not interfere with the State reaching | ||||||
24 | its clean energy goals. | ||||||
25 | (7) Meaningful participation of State residents, | ||||||
26 | especially vulnerable populations who may be affected by |
| |||||||
| |||||||
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 rules that | ||||||
5 | protect and improve the well-being of communities in this | ||||||
6 | State that bear disproportionate burdens imposed by | ||||||
7 | environmental pollution. | ||||||
8 | (a-5) The purpose of this Section is to promote a | ||||||
9 | healthful environment, including clean water, air, and land, | ||||||
10 | meaningful public involvement, and to ensure only the | ||||||
11 | responsible capture of carbon dioxide occurs in the State so | ||||||
12 | as to protect public health and to prevent pollution of the | ||||||
13 | environment. | ||||||
14 | (a-10) The provisions of this Section shall be liberally | ||||||
15 | construed to carry out the purpose of this Section as stated in | ||||||
16 | subsection (a-5). | ||||||
17 | (b) A person who seeks to construct or operate a carbon | ||||||
18 | dioxide capture project in this State must first obtain a | ||||||
19 | permit from the Agency in accordance with the rules adopted | ||||||
20 | under subsection (g). | ||||||
21 | (c) A person who seeks to capture carbon dioxide from an | ||||||
22 | industrial or electric-generation facility in this State must, | ||||||
23 | before seeking a permit in accordance with the rules adopted | ||||||
24 | under subsection (g), first conduct an environmental impact | ||||||
25 | analysis. The environmental impact analysis must: | ||||||
26 | (1) include a statement of the purpose of and need for |
| |||||||
| |||||||
1 | the proposed carbon capture project; | ||||||
2 | (2) include a greenhouse gas (GHG) inventory analysis, | ||||||
3 | including, but not limited to, Scope 1, 2, and 3 emissions | ||||||
4 | set forth in guidance published by the United States | ||||||
5 | Environmental Protection Agency, of the total GHG | ||||||
6 | emissions associated with the capture, transportation,
and | ||||||
7 | sequestration of the carbon dioxide proposed to be
| ||||||
8 | captured, which emissions shall be expressed as carbon
| ||||||
9 | dioxide equivalent, consistent with the United States
| ||||||
10 | Environmental Protection Agency rules and guidance; | ||||||
11 | (3) demonstrate that the Scope 1, 2, and 3 emissions | ||||||
12 | associated with the capture, transportation, and
| ||||||
13 | sequestration of the carbon dioxide proposed to be
| ||||||
14 | captured, converted into carbon dioxide equivalent
| ||||||
15 | consistent with United States Environmental Protection
| ||||||
16 | Agency rules and guidance, will not exceed the total
| ||||||
17 | amount of GHG captured on an annual basis for each year the
| ||||||
18 | project remains in operation; | ||||||
19 | (4) include a water impact analysis that details: | ||||||
20 | (A) the water sources likely to be impacted by the | ||||||
21 | capture of carbon dioxide from the facility; | ||||||
22 | (B) current uses of those water sources; | ||||||
23 | (C) potential or certain impacts to those water | ||||||
24 | sources from capture of carbon dioxide from the | ||||||
25 | facility, including, but not limited to, impacts on | ||||||
26 | water quantity, quality, and current uses of water; |
| |||||||
| |||||||
1 | (D) the duration of the impacts to water | ||||||
2 | associated with the capture of carbon dioxide from the | ||||||
3 | facility; and | ||||||
4 | (E) methods the applicant will use to minimize | ||||||
5 | both water use and impacts to water quality associated | ||||||
6 | with the carbon capture project; | ||||||
7 | (5) include an alternatives analysis that evaluates | ||||||
8 | other reasonable alternatives for reducing the same | ||||||
9 | quantity of carbon dioxide as is proposed to be captured | ||||||
10 | at the facility, including, but not limited to: | ||||||
11 | (A) if the carbon dioxide is proposed to be | ||||||
12 | captured at a facility that generates electricity, | ||||||
13 | energy-generation alternatives such as renewable | ||||||
14 | energy, energy storage, or energy efficiency; | ||||||
15 | (B) if the carbon dioxide is proposed to be | ||||||
16 | captured at a facility that produces fuel for vehicles | ||||||
17 | or equipment, alternatives such as the use of electric | ||||||
18 | vehicles; and | ||||||
19 | (C) if the carbon dioxide is proposed to be | ||||||
20 | captured at an industrial facility, alternative | ||||||
21 | industrial processes that could reduce the amount of | ||||||
22 | carbon dioxide generated from that industry. | ||||||
23 | For each alternative identified under this paragraph, | ||||||
24 | the person seeking to capture carbon dioxide shall | ||||||
25 | complete a greenhouse gas emissions inventory and analysis | ||||||
26 | of the alternative consistent with paragraph (2) and a |
| |||||||
| |||||||
1 | water impacts analysis addressing the factors set out in | ||||||
2 | paragraph (3); and | ||||||
3 | (6) be developed with public input, including, but not | ||||||
4 | limited to, by making a draft version of the analysis | ||||||
5 | available on a public website for not less than 60 days and | ||||||
6 | accepting comments on the proposed analysis for the | ||||||
7 | entirety of that 60-day period, together with a public | ||||||
8 | meeting at least 14 days after the posting of the draft on | ||||||
9 | the public website that provides a meaningful opportunity | ||||||
10 | for the public to ask questions, have those questions | ||||||
11 | answered, and provide comment on the draft; the final | ||||||
12 | environmental analysis must include responses to public | ||||||
13 | comments, identify all changes to the analysis made in | ||||||
14 | response to those comments, and be made available to the | ||||||
15 | public on a public website. | ||||||
16 | (d) No permit for the capture of carbon dioxide may be | ||||||
17 | issued unless: | ||||||
18 | (1) the Illinois State Water Survey has reviewed the | ||||||
19 | water impact analysis required under subsection (c) and, | ||||||
20 | taking into consideration that analysis, information | ||||||
21 | concerning water supply and uses, and public comments and | ||||||
22 | has concluded that the proposed carbon capture project | ||||||
23 | will not have significant adverse effects on water supply | ||||||
24 | or current or future potential uses of the water source; | ||||||
25 | and | ||||||
26 | (2) the permit includes conditions, developed in
|
| |||||||
| |||||||
1 | consultation with the Illinois State Water Survey and
| ||||||
2 | taking public comments into consideration, under which the
| ||||||
3 | project must reduce the volume or rate of water that may be
| ||||||
4 | used for the capture of carbon dioxide, up to and
| ||||||
5 | including the cessation of water usage for carbon
capture. | ||||||
6 | (e) No permit for the capture of carbon dioxide may be | ||||||
7 | issued unless the permit applicant demonstrates that there | ||||||
8 | will be zero non-carbon dioxide air pollution emissions | ||||||
9 | associated
with the carbon dioxide capture project; these | ||||||
10 | emissions
include non-carbon dioxide air pollution emitted | ||||||
11 | directly by
the operation of the carbon dioxide capture | ||||||
12 | equipment, and any increase in non-carbon dioxide air | ||||||
13 | pollution emissions at the
facility, relative to the baseline, | ||||||
14 | following installation of
the carbon dioxide capture process. | ||||||
15 | The applicant may meet this requirement by demonstrating that: | ||||||
16 | (1) pollution control technology will be installed and | ||||||
17 | operated, or existing control technology will be operated, | ||||||
18 | so as to eliminate any non-carbon dioxide air emissions | ||||||
19 | associated with the use of carbon capture; or | ||||||
20 | (2) the facility will reduce operations sufficient to | ||||||
21 | eliminate any non-carbon dioxide air emissions associated | ||||||
22 | with the use of carbon capture. | ||||||
23 | The Board shall establish requirements by rule for | ||||||
24 | determining baseline emissions from each industrial or | ||||||
25 | electric-generation facility for purposes of determining which | ||||||
26 | non-carbon dioxide air emissions are associated with the use |
| |||||||
| |||||||
1 | of carbon capture at those facilities. For existing | ||||||
2 | facilities, the baseline shall be calculated using the | ||||||
3 | 12-month average of emissions for the 3 12-month periods | ||||||
4 | before January 31, 2023. For new facilities, the baseline | ||||||
5 | shall be determined using the Best Available Control | ||||||
6 | Technology, as defined in Section 169 of the federal Clean Air | ||||||
7 | Act, for the relevant air pollutants and facility and assuming | ||||||
8 | fuel consumption and hours of operation of the facility | ||||||
9 | consistent with that of facilities of similar size. | ||||||
10 | (f) No permit for a carbon dioxide capture project may be | ||||||
11 | issued unless: | ||||||
12 | (1) the applicant identifies the end use or | ||||||
13 | destination of all carbon dioxide streams from the | ||||||
14 | proposed project; | ||||||
15 | (2) if the destination includes sequestration within | ||||||
16 | the State, the applicant demonstrates that the | ||||||
17 | sequestration site is permitted in accordance with Section | ||||||
18 | 22.63; | ||||||
19 | (3) the applicant demonstrates that the project will | ||||||
20 | capture an annual average of no less than 90% of the total | ||||||
21 | carbon dioxide emissions from the facility; and | ||||||
22 | (4) the permit disallows all non-carbon dioxide air | ||||||
23 | emissions associated with the use of carbon capture and | ||||||
24 | specifies each mechanism by which the applicant must meet | ||||||
25 | that condition. | ||||||
26 | (g) The Board shall adopt rules establishing permit |
| |||||||
| |||||||
1 | requirements under this Section and other standards for carbon | ||||||
2 | dioxide capture projects. The rules shall be proposed by the | ||||||
3 | Agency not later than one year after the effective date of this | ||||||
4 | amendatory Act of the 103rd General Assembly and adopted by | ||||||
5 | the Board not later than 2 years after receipt of the Agency's | ||||||
6 | proposal. The rules must, at a minimum: | ||||||
7 | (1) be no less protective than federal requirements | ||||||
8 | for air pollution and water pollution that are in effect
| ||||||
9 | on the effective date of this amendatory Act of the 103rd
| ||||||
10 | General Assembly and any amendments to those requirements | ||||||
11 | that
may be more protective; | ||||||
12 | (2) specify the minimum content of applications for a | ||||||
13 | permit to capture carbon dioxide, which shall include, but | ||||||
14 | shall not be limited to: | ||||||
15 | (A) the environmental impacts analyses required | ||||||
16 | under subsection (c); | ||||||
17 | (B) identification of whether the proposed carbon | ||||||
18 | capture project would take place in an area of | ||||||
19 | environmental justice concern; and | ||||||
20 | (C) documentation and analyses sufficient to | ||||||
21 | demonstrate compliance with all applicable rules | ||||||
22 | adopted under this Section for the capture of carbon | ||||||
23 | dioxide from industrial and electric-generation | ||||||
24 | facilities; | ||||||
25 | (3) specify: | ||||||
26 | (A) the frequency at which permits for the capture |
| |||||||
| |||||||
1 | of carbon dioxide expire and must be renewed; | ||||||
2 | (B) the circumstances under which a permittee must | ||||||
3 | seek a permit modification; and | ||||||
4 | (C) the circumstances under which the Agency may | ||||||
5 | temporarily or permanently revoke a permit for the | ||||||
6 | capture of carbon dioxide; | ||||||
7 | (4) specify standards for review, approval, and denial | ||||||
8 | of applications for a permit to capture carbon dioxide by | ||||||
9 | the Agency; the standards for denial must include, but are | ||||||
10 | not limited to, failure of the applicant to submit an | ||||||
11 | environmental impacts analysis meeting the requirements | ||||||
12 | under subsection (c) or to satisfy the requirements of | ||||||
13 | subsection (e); | ||||||
14 | (5) specify meaningful procedures for public | ||||||
15 | participation in the issuance of permits for the capture | ||||||
16 | of carbon dioxide, including, but not limited to: | ||||||
17 | (A) public notice of the submission of permit | ||||||
18 | applications; | ||||||
19 | (B) posting the full permit application, the draft | ||||||
20 | and final permitting actions by the Agency, and the | ||||||
21 | Agency's response to comments on a public website; | ||||||
22 | (C) an opportunity for the submission of public | ||||||
23 | comments; | ||||||
24 | (D) an opportunity for a public hearing before the | ||||||
25 | permit is issued; and | ||||||
26 | (E) a summary and response of the comments |
| |||||||
| |||||||
1 | prepared by the Agency; | ||||||
2 | (6) when the capture of carbon dioxide is proposed to | ||||||
3 | take place in an area of environmental justice concern, | ||||||
4 | specify further opportunities for public participation, | ||||||
5 | including, but not limited to, public meetings, | ||||||
6 | translations of relevant documents into other languages | ||||||
7 | for residents with limited English proficiency, and | ||||||
8 | interpretation services at public meetings and hearings; | ||||||
9 | (7) specify a procedure to identify areas of | ||||||
10 | environmental justice concern in relation to industrial or | ||||||
11 | electric-generation facilities
from which a permit | ||||||
12 | applicant seeks to capture carbon
dioxide; | ||||||
13 | (8) set out requirements for frequent, comprehensive | ||||||
14 | reporting by permittees to the Agency, including, but not | ||||||
15 | limited to: | ||||||
16 | (A) the non-carbon dioxide air emissions | ||||||
17 | associated with the use of carbon capture, including, | ||||||
18 | but not limited to, those emissions resulting from the | ||||||
19 | use of fuel to power the carbon capture process; | ||||||
20 | (B) GHG emissions associated with the use of | ||||||
21 | carbon capture; | ||||||
22 | (C) the total amount, in tons, of carbon dioxide | ||||||
23 | captured at the facility; | ||||||
24 | (D) the total amount, in tons, of carbon dioxide | ||||||
25 | not captured and released into the atmosphere at the | ||||||
26 | facility; |
| |||||||
| |||||||
1 | (E) the date, time, duration, cause, and amount of | ||||||
2 | carbon dioxide released rather than captured as a | ||||||
3 | result of all outages or downtime of capture equipment | ||||||
4 | at the facility; | ||||||
5 | (F) information concerning water use and impacts | ||||||
6 | to water supply and uses associated with the use of | ||||||
7 | carbon capture at the facility; and | ||||||
8 | (G) the end use and destination of all carbon | ||||||
9 | dioxide streams from the project; | ||||||
10 | (9) establish criteria for the exclusion from | ||||||
11 | permitting requirements of carbon capture projects | ||||||
12 | performed for the purpose of, or financed by funding for, | ||||||
13 | research and development; the criteria shall ensure that | ||||||
14 | only those projects that capture small amounts of carbon | ||||||
15 | dioxide and pose minimal risk to human health and the | ||||||
16 | environmental qualify for the exclusion; and | ||||||
17 | (10) specify whether the permit requirements for | ||||||
18 | carbon dioxide capture set out in the rules may be added to | ||||||
19 | the requirements for a permit that a carbon dioxide | ||||||
20 | capture permit applicant is otherwise required to obtain, | ||||||
21 | or whether the applicant must obtain a separate permit for | ||||||
22 | the capture of carbon dioxide. | ||||||
23 | (h) The permit requirements set forth in this Section are | ||||||
24 | in addition to any requirements set forth under any other | ||||||
25 | State or federal law, including, but not limited to, the | ||||||
26 | federal Clean Air Act, the federal Clean Water Act, the |
| |||||||
| |||||||
1 | federal Resource Conservation and Recovery Act, and the | ||||||
2 | federal Safe Drinking Water Act. | ||||||
3 | (i) No adjusted standard, variance, or other regulatory
| ||||||
4 | relief otherwise available under this Act may be granted from
| ||||||
5 | the requirements of this Section.
| ||||||
6 | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
| ||||||
7 | Sec. 21. Prohibited acts. No person shall:
| ||||||
8 | (a) Cause or allow the open dumping of any waste.
| ||||||
9 | (b) Abandon, dump, or deposit any waste upon the public | ||||||
10 | highways or
other public property, except in a sanitary | ||||||
11 | landfill approved by the
Agency pursuant to regulations | ||||||
12 | adopted by the Board.
| ||||||
13 | (c) Abandon any vehicle in violation of the "Abandoned | ||||||
14 | Vehicles
Amendment to the Illinois Vehicle Code", as enacted | ||||||
15 | by the 76th General
Assembly.
| ||||||
16 | (d) Conduct any waste-storage, waste-treatment, or | ||||||
17 | waste-disposal
operation:
| ||||||
18 | (1) without a permit granted by the Agency or in | ||||||
19 | violation of any
conditions imposed by such permit, | ||||||
20 | including periodic reports and full
access to adequate | ||||||
21 | records and the inspection of facilities, as may be
| ||||||
22 | necessary to assure compliance with this Act and with | ||||||
23 | regulations and
standards adopted thereunder; provided, | ||||||
24 | however, that, except for municipal
solid waste landfill | ||||||
25 | units that receive waste on or after October 9, 1993, and |
| |||||||
| |||||||
1 | CCR surface impoundments,
no permit shall be
required for | ||||||
2 | (i) any person conducting a waste-storage, | ||||||
3 | waste-treatment, or
waste-disposal operation for wastes | ||||||
4 | generated by such person's own
activities which are | ||||||
5 | stored, treated, or disposed within the site where
such | ||||||
6 | wastes are generated, (ii) until one year after the | ||||||
7 | effective date of rules adopted by the Board under | ||||||
8 | subsection (n) of Section 22.38,
a facility located in a | ||||||
9 | county with a
population over 700,000 as of January 1, | ||||||
10 | 2000, operated and located in accordance with
Section | ||||||
11 | 22.38 of this Act, and used exclusively for the transfer, | ||||||
12 | storage, or
treatment of general construction or | ||||||
13 | demolition debris, provided that the facility was | ||||||
14 | receiving construction or demolition debris on August 24, | ||||||
15 | 2009 (the effective date of Public Act 96-611), or (iii) | ||||||
16 | any person conducting a waste transfer, storage, | ||||||
17 | treatment, or disposal operation, including, but not | ||||||
18 | limited to, a waste transfer or waste composting | ||||||
19 | operation, under a mass animal mortality event plan | ||||||
20 | created by the Department of Agriculture;
| ||||||
21 | (2) in violation of any regulations or standards | ||||||
22 | adopted by the
Board under this Act;
| ||||||
23 | (3) which receives waste after August 31, 1988, does | ||||||
24 | not have a permit
issued by the Agency, and is (i) a | ||||||
25 | landfill used exclusively for the
disposal of waste | ||||||
26 | generated at the site, (ii) a surface impoundment
|
| |||||||
| |||||||
1 | receiving special waste not listed in an NPDES permit, | ||||||
2 | (iii) a waste pile
in which the total volume of waste is | ||||||
3 | greater than 100 cubic yards or the
waste is stored for | ||||||
4 | over one year, or (iv) a land treatment facility
receiving | ||||||
5 | special waste generated at the site; without giving notice | ||||||
6 | of the
operation to the Agency by January 1, 1989, or 30 | ||||||
7 | days after the date on
which the operation commences, | ||||||
8 | whichever is later, and every 3 years
thereafter. The form | ||||||
9 | for such notification shall be specified by the
Agency, | ||||||
10 | and shall be limited to information regarding: the name | ||||||
11 | and address
of the location of the operation; the type of | ||||||
12 | operation; the types and
amounts of waste stored, treated | ||||||
13 | or disposed of on an annual basis; the
remaining capacity | ||||||
14 | of the operation; and the remaining expected life of
the | ||||||
15 | operation.
| ||||||
16 | Item (3) of this subsection (d) shall not apply to any | ||||||
17 | person
engaged in agricultural activity who is disposing of a | ||||||
18 | substance that
constitutes solid waste, if the substance was | ||||||
19 | acquired for use by that
person on his own property, and the | ||||||
20 | substance is disposed of on his own
property in accordance | ||||||
21 | with regulations or standards adopted by the Board.
| ||||||
22 | This subsection (d) shall not apply to hazardous waste.
| ||||||
23 | (e) Dispose, treat, store or abandon any waste, or | ||||||
24 | transport any waste
into this State for disposal, treatment, | ||||||
25 | storage or abandonment, except at
a site or facility which | ||||||
26 | meets the requirements of this Act and of
regulations and |
| |||||||
| |||||||
1 | standards thereunder.
| ||||||
2 | (f) Conduct any hazardous waste-storage, hazardous | ||||||
3 | waste-treatment or
hazardous waste-disposal operation:
| ||||||
4 | (1) without a RCRA permit for the site issued by the | ||||||
5 | Agency under
subsection (d) of Section 39 of this Act, or | ||||||
6 | in violation of any condition
imposed by such permit, | ||||||
7 | including periodic reports and full access to
adequate | ||||||
8 | records and the inspection of facilities, as may be | ||||||
9 | necessary to
assure compliance with this Act and with | ||||||
10 | regulations and standards adopted
thereunder; or
| ||||||
11 | (2) in violation of any regulations or standards | ||||||
12 | adopted by the Board
under this Act; or
| ||||||
13 | (3) in violation of any RCRA permit filing requirement | ||||||
14 | established under
standards adopted by the Board under | ||||||
15 | this Act; or
| ||||||
16 | (4) in violation of any order adopted by the Board | ||||||
17 | under this Act.
| ||||||
18 | Notwithstanding the above, no RCRA permit shall be | ||||||
19 | required under this
subsection or subsection (d) of Section 39 | ||||||
20 | of this Act for any
person engaged in agricultural activity | ||||||
21 | who is disposing of a substance
which has been identified as a | ||||||
22 | hazardous waste, and which has been
designated by Board | ||||||
23 | regulations as being subject to this exception, if the
| ||||||
24 | substance was acquired for use by that person on his own | ||||||
25 | property and the
substance is disposed of on his own property | ||||||
26 | in accordance with regulations
or standards adopted by the |
| |||||||
| |||||||
1 | Board.
| ||||||
2 | (g) Conduct any hazardous waste-transportation operation:
| ||||||
3 | (1) without registering with and obtaining a special | ||||||
4 | waste hauling permit from the Agency in
accordance with | ||||||
5 | the regulations adopted by the Board under this Act; or
| ||||||
6 | (2) in violation of any regulations or standards | ||||||
7 | adopted by
the
Board under this Act.
| ||||||
8 | (h) Conduct any hazardous waste-recycling or hazardous | ||||||
9 | waste-reclamation
or hazardous waste-reuse operation in | ||||||
10 | violation of any regulations, standards
or permit requirements | ||||||
11 | adopted by the Board under this Act.
| ||||||
12 | (i) Conduct any process or engage in any act which | ||||||
13 | produces hazardous
waste in violation of any regulations or | ||||||
14 | standards adopted by the Board
under subsections (a) and (c) | ||||||
15 | of Section 22.4 of this Act.
| ||||||
16 | (j) Conduct any special waste-transportation operation in | ||||||
17 | violation
of any regulations, standards or permit requirements | ||||||
18 | adopted by the Board
under this Act. However, sludge from a | ||||||
19 | water or sewage treatment plant
owned and operated by a unit of | ||||||
20 | local government which (1) is subject to a
sludge management | ||||||
21 | plan approved by the Agency or a permit granted by the
Agency, | ||||||
22 | and (2) has been tested and determined not to be a hazardous | ||||||
23 | waste
as required by applicable State and federal laws and | ||||||
24 | regulations, may be
transported in this State without a | ||||||
25 | special waste hauling permit, and the
preparation and carrying | ||||||
26 | of a manifest shall not be required for such
sludge under the |
| |||||||
| |||||||
1 | rules of the Pollution Control Board. The unit of local
| ||||||
2 | government which operates the treatment plant producing such | ||||||
3 | sludge shall
file an annual report with the Agency identifying | ||||||
4 | the volume of such
sludge transported during the reporting | ||||||
5 | period, the hauler of the sludge,
and the disposal sites to | ||||||
6 | which it was transported. This subsection (j)
shall not apply | ||||||
7 | to hazardous waste.
| ||||||
8 | (k) Fail or refuse to pay any fee imposed under this Act.
| ||||||
9 | (l) Locate a hazardous waste disposal site above an active | ||||||
10 | or
inactive shaft or tunneled mine or within 2 miles of an | ||||||
11 | active fault in
the earth's crust. In counties of population | ||||||
12 | less than 225,000 no
hazardous waste disposal site shall be | ||||||
13 | located (1) within 1 1/2 miles of
the corporate limits as | ||||||
14 | defined on June 30, 1978, of any municipality
without the | ||||||
15 | approval of the governing body of the municipality in an
| ||||||
16 | official action; or (2) within 1000 feet of an existing | ||||||
17 | private well or
the existing source of a public water supply | ||||||
18 | measured from the boundary
of the actual active permitted site | ||||||
19 | and excluding existing private wells
on the property of the | ||||||
20 | permit applicant. The provisions of this
subsection do not | ||||||
21 | apply to publicly owned sewage works or the disposal
or | ||||||
22 | utilization of sludge from publicly owned sewage works.
| ||||||
23 | (m) Transfer interest in any land which has been used as a
| ||||||
24 | hazardous waste disposal site without written notification to | ||||||
25 | the Agency
of the transfer and to the transferee of the | ||||||
26 | conditions imposed by the Agency
upon its use under subsection |
| |||||||
| |||||||
1 | (g) of Section 39.
| ||||||
2 | (n) Use any land which has been used as a hazardous waste
| ||||||
3 | disposal site except in compliance with conditions imposed by | ||||||
4 | the Agency
under subsection (g) of Section 39.
| ||||||
5 | (o) Conduct a sanitary landfill operation which is | ||||||
6 | required to have a
permit under subsection (d) of this | ||||||
7 | Section, in a manner which results in
any of the following | ||||||
8 | conditions:
| ||||||
9 | (1) refuse in standing or flowing waters;
| ||||||
10 | (2) leachate flows entering waters of the State;
| ||||||
11 | (3) leachate flows exiting the landfill confines (as | ||||||
12 | determined by the
boundaries established for the landfill | ||||||
13 | by a permit issued by the Agency);
| ||||||
14 | (4) open burning of refuse in violation of Section 9 | ||||||
15 | of this Act;
| ||||||
16 | (5) uncovered refuse remaining from any previous | ||||||
17 | operating day or at the
conclusion of any operating day, | ||||||
18 | unless authorized by permit;
| ||||||
19 | (6) failure to provide final cover within time limits | ||||||
20 | established by
Board regulations;
| ||||||
21 | (7) acceptance of wastes without necessary permits;
| ||||||
22 | (8) scavenging as defined by Board regulations;
| ||||||
23 | (9) deposition of refuse in any unpermitted portion of | ||||||
24 | the landfill;
| ||||||
25 | (10) acceptance of a special waste without a required | ||||||
26 | manifest;
|
| |||||||
| |||||||
1 | (11) failure to submit reports required by permits or | ||||||
2 | Board regulations;
| ||||||
3 | (12) failure to collect and contain litter from the | ||||||
4 | site by the end of
each operating day;
| ||||||
5 | (13) failure to submit any cost estimate for the site | ||||||
6 | or any performance
bond or other security for the site as | ||||||
7 | required by this Act or Board rules.
| ||||||
8 | The prohibitions specified in this subsection (o) shall be | ||||||
9 | enforceable by
the Agency either by administrative citation | ||||||
10 | under Section 31.1 of this Act
or as otherwise provided by this | ||||||
11 | Act. The specific prohibitions in this
subsection do not limit | ||||||
12 | the power of the Board to establish regulations
or standards | ||||||
13 | applicable to sanitary landfills.
| ||||||
14 | (p) In violation of subdivision (a) of this Section, cause | ||||||
15 | or allow the
open dumping of any waste in a manner which | ||||||
16 | results in any of the following
occurrences at the dump site:
| ||||||
17 | (1) litter;
| ||||||
18 | (2) scavenging;
| ||||||
19 | (3) open burning;
| ||||||
20 | (4) deposition of waste in standing or flowing waters;
| ||||||
21 | (5) proliferation of disease vectors;
| ||||||
22 | (6) standing or flowing liquid discharge from the dump | ||||||
23 | site;
| ||||||
24 | (7) deposition of:
| ||||||
25 | (i) general construction or demolition debris as | ||||||
26 | defined in Section
3.160(a) of this Act; or
|
| |||||||
| |||||||
1 | (ii) clean construction or demolition debris as | ||||||
2 | defined in Section
3.160(b) of this Act.
| ||||||
3 | The prohibitions specified in this subsection (p) shall be
| ||||||
4 | enforceable by the Agency either by administrative citation | ||||||
5 | under Section
31.1 of this Act or as otherwise provided by this | ||||||
6 | Act. The specific
prohibitions in this subsection do not limit | ||||||
7 | the power of the Board to
establish regulations or standards | ||||||
8 | applicable to open dumping.
| ||||||
9 | (q) Conduct a landscape waste composting operation without | ||||||
10 | an Agency
permit, provided, however, that no permit shall be | ||||||
11 | required for any person:
| ||||||
12 | (1) conducting a landscape waste composting operation | ||||||
13 | for landscape
wastes generated by such person's own | ||||||
14 | activities which are stored, treated,
or disposed of | ||||||
15 | within the site where such wastes are generated; or
| ||||||
16 | (1.5) conducting a landscape waste composting | ||||||
17 | operation that (i) has no more than 25 cubic yards of | ||||||
18 | landscape waste, composting additives, composting | ||||||
19 | material, or end-product compost on-site at any one time | ||||||
20 | and (ii) is not engaging in commercial activity; or | ||||||
21 | (2) applying landscape waste or composted landscape | ||||||
22 | waste at agronomic
rates; or
| ||||||
23 | (2.5) operating a landscape waste composting facility | ||||||
24 | at a site having 10 or more occupied non-farm residences | ||||||
25 | within 1/2 mile of its boundaries, if the facility meets | ||||||
26 | all of the following criteria: |
| |||||||
| |||||||
1 | (A) the composting facility is operated by the | ||||||
2 | farmer on property on which the composting material is | ||||||
3 | utilized, and the composting facility
constitutes no | ||||||
4 | more than 2% of the site's total acreage; | ||||||
5 | (A-5) any composting additives that the composting | ||||||
6 | facility accepts and uses at the facility are | ||||||
7 | necessary to provide proper conditions for composting | ||||||
8 | and do not exceed 10% of the total composting material | ||||||
9 | at the facility at any one time; | ||||||
10 | (B) the property on which the composting facility | ||||||
11 | is located, and any associated property on which the | ||||||
12 | compost is used, is principally and diligently devoted | ||||||
13 | to the production of agricultural crops and is not | ||||||
14 | owned, leased, or otherwise controlled by any waste | ||||||
15 | hauler or generator of nonagricultural compost | ||||||
16 | materials, and the operator of the composting facility | ||||||
17 | is not an employee, partner, shareholder, or in any | ||||||
18 | way connected with or controlled by any such waste | ||||||
19 | hauler or generator; | ||||||
20 | (C) all compost generated by the composting | ||||||
21 | facility is applied at agronomic rates and used as | ||||||
22 | mulch, fertilizer, or soil conditioner on land | ||||||
23 | actually farmed by the person operating the composting | ||||||
24 | facility, and the finished compost is not stored at | ||||||
25 | the composting site for a period longer than 18 months | ||||||
26 | prior to its application as mulch, fertilizer, or soil |
| |||||||
| |||||||
1 | conditioner; | ||||||
2 | (D) no fee is charged for the acceptance of | ||||||
3 | materials to be composted at the facility; and | ||||||
4 | (E) the owner or operator, by January 1, 2014 (or | ||||||
5 | the January 1
following commencement of operation, | ||||||
6 | whichever is later) and January 1 of
each year | ||||||
7 | thereafter, registers the site with the Agency, (ii) | ||||||
8 | reports to the Agency on the volume of composting | ||||||
9 | material received and used at the site; (iii) | ||||||
10 | certifies to the Agency that the site complies with | ||||||
11 | the
requirements set forth in subparagraphs (A), | ||||||
12 | (A-5), (B), (C), and (D) of this paragraph
(2.5); and | ||||||
13 | (iv) certifies to the Agency that all composting | ||||||
14 | material was placed more than 200 feet from the | ||||||
15 | nearest potable water supply well, was placed outside | ||||||
16 | the boundary of the 10-year floodplain or on a part of | ||||||
17 | the site that is floodproofed, was placed at least 1/4 | ||||||
18 | mile from the nearest residence (other than a | ||||||
19 | residence located on the same property as the | ||||||
20 | facility) or a lesser distance from the nearest | ||||||
21 | residence (other than a residence located on the same | ||||||
22 | property as the facility) if the municipality in which | ||||||
23 | the facility is located has by ordinance approved a | ||||||
24 | lesser distance than 1/4 mile, and was placed more | ||||||
25 | than 5 feet above the water table; any ordinance | ||||||
26 | approving a residential setback of less than 1/4 mile |
| |||||||
| |||||||
1 | that is used to meet the requirements of this | ||||||
2 | subparagraph (E) of paragraph (2.5) of this subsection | ||||||
3 | must specifically reference this paragraph; or | ||||||
4 | (3) operating a landscape waste composting facility on | ||||||
5 | a farm, if the
facility meets all of the following | ||||||
6 | criteria:
| ||||||
7 | (A) the composting facility is operated by the | ||||||
8 | farmer on property on
which the composting material is | ||||||
9 | utilized, and the composting facility
constitutes no | ||||||
10 | more than 2% of the property's total acreage, except | ||||||
11 | that
the Board may allow a higher percentage for | ||||||
12 | individual sites where the owner
or operator has | ||||||
13 | demonstrated to the Board that the site's soil
| ||||||
14 | characteristics or crop needs require a higher rate;
| ||||||
15 | (A-1) the composting facility accepts from other | ||||||
16 | agricultural operations for composting with landscape | ||||||
17 | waste no materials other than uncontaminated and | ||||||
18 | source-separated (i) crop residue and other | ||||||
19 | agricultural plant residue generated from the | ||||||
20 | production and harvesting of crops and other customary | ||||||
21 | farm practices, including, but not limited to, stalks, | ||||||
22 | leaves, seed pods, husks, bagasse, and roots and (ii) | ||||||
23 | plant-derived animal bedding, such as straw or | ||||||
24 | sawdust, that is free of manure and was not made from | ||||||
25 | painted or treated wood; | ||||||
26 | (A-2) any composting additives that the composting |
| |||||||
| |||||||
1 | facility accepts and uses at the facility are | ||||||
2 | necessary to provide proper conditions for composting | ||||||
3 | and do not exceed 10% of the total composting material | ||||||
4 | at the facility at any one time; | ||||||
5 | (B) the property on which the composting facility | ||||||
6 | is located, and any
associated property on which the | ||||||
7 | compost is used, is principally and
diligently devoted | ||||||
8 | to the production of agricultural crops and
is not | ||||||
9 | owned, leased or otherwise controlled by any waste | ||||||
10 | hauler
or generator of nonagricultural compost | ||||||
11 | materials, and the operator of the
composting facility | ||||||
12 | is not an employee, partner, shareholder, or in any | ||||||
13 | way
connected with or controlled by any such waste | ||||||
14 | hauler or generator;
| ||||||
15 | (C) all compost generated by the composting | ||||||
16 | facility is applied at
agronomic rates and used as | ||||||
17 | mulch, fertilizer or soil conditioner on land
actually | ||||||
18 | farmed by the person operating the composting | ||||||
19 | facility, and the
finished compost is not stored at | ||||||
20 | the composting site for a period longer
than 18 months | ||||||
21 | prior to its application as mulch, fertilizer, or soil | ||||||
22 | conditioner;
| ||||||
23 | (D) the owner or operator, by January 1 of
each | ||||||
24 | year, (i) registers the site with the Agency, (ii) | ||||||
25 | reports
to the Agency on the volume of composting | ||||||
26 | material received and used at the
site, (iii) |
| |||||||
| |||||||
1 | certifies to the Agency that the site complies with | ||||||
2 | the
requirements set forth in subparagraphs (A), | ||||||
3 | (A-1), (A-2), (B), and (C) of this paragraph
(q)(3), | ||||||
4 | and (iv) certifies to the Agency that all composting | ||||||
5 | material: | ||||||
6 | (I) was
placed more than 200 feet from the | ||||||
7 | nearest potable water supply well; | ||||||
8 | (II) was
placed outside the boundary of the | ||||||
9 | 10-year floodplain or on a part of the
site that is | ||||||
10 | floodproofed; | ||||||
11 | (III) was placed either (aa) at least 1/4 mile | ||||||
12 | from the nearest
residence (other than a residence | ||||||
13 | located on the same property as the
facility) and | ||||||
14 | there are not more than 10 occupied non-farm | ||||||
15 | residences
within 1/2 mile of the boundaries of | ||||||
16 | the site on the date of application or (bb) a | ||||||
17 | lesser distance from the nearest residence (other | ||||||
18 | than a residence located on the same property as | ||||||
19 | the facility) provided that the municipality or | ||||||
20 | county in which the facility is located has by | ||||||
21 | ordinance approved a lesser distance than 1/4 mile | ||||||
22 | and there are not more than 10 occupied non-farm | ||||||
23 | residences
within 1/2 mile of the boundaries of | ||||||
24 | the site on the date of application;
and | ||||||
25 | (IV) was placed more than 5 feet above the | ||||||
26 | water table. |
| |||||||
| |||||||
1 | Any ordinance approving a residential setback of | ||||||
2 | less than 1/4 mile that is used to meet the | ||||||
3 | requirements of this subparagraph (D) must | ||||||
4 | specifically reference this subparagraph.
| ||||||
5 | For the purposes of this subsection (q), "agronomic rates" | ||||||
6 | means the
application of not more than 20 tons per acre per | ||||||
7 | year, except that the
Board may allow a higher rate for | ||||||
8 | individual sites where the owner or
operator has demonstrated | ||||||
9 | to the Board that the site's soil
characteristics or crop | ||||||
10 | needs require a higher rate.
| ||||||
11 | (r) Cause or allow the storage or disposal of coal | ||||||
12 | combustion
waste unless:
| ||||||
13 | (1) such waste is stored or disposed of at a site or
| ||||||
14 | facility for which
a permit has been obtained or is not | ||||||
15 | otherwise required under subsection
(d) of this Section; | ||||||
16 | or
| ||||||
17 | (2) such waste is stored or disposed of as a part of
| ||||||
18 | the design and
reclamation of a site or facility which is | ||||||
19 | an abandoned mine site in
accordance with the Abandoned | ||||||
20 | Mined Lands and Water Reclamation Act; or
| ||||||
21 | (3) such waste is stored or disposed of at a site or
| ||||||
22 | facility which is
operating under NPDES and Subtitle D | ||||||
23 | permits issued by the Agency pursuant
to regulations | ||||||
24 | adopted by the Board for mine-related water pollution and
| ||||||
25 | permits issued pursuant to the federal Surface Mining | ||||||
26 | Control and
Reclamation Act of 1977 (P.L. 95-87) or the |
| |||||||
| |||||||
1 | rules and regulations
thereunder or any law or rule or | ||||||
2 | regulation adopted by the State of
Illinois pursuant | ||||||
3 | thereto, and the owner or operator of the facility agrees
| ||||||
4 | to accept the waste; and either:
| ||||||
5 | (i) such waste is stored or disposed of in | ||||||
6 | accordance
with requirements
applicable to refuse | ||||||
7 | disposal under regulations adopted by the Board for
| ||||||
8 | mine-related water pollution and pursuant to NPDES and | ||||||
9 | Subtitle D permits
issued by the Agency under such | ||||||
10 | regulations; or
| ||||||
11 | (ii) the owner or operator of the facility | ||||||
12 | demonstrates all of the
following to the Agency, and | ||||||
13 | the facility is operated in accordance with
the | ||||||
14 | demonstration as approved by the Agency: (1) the | ||||||
15 | disposal area will be
covered in a manner that will | ||||||
16 | support continuous vegetation, (2) the
facility will | ||||||
17 | be adequately protected from wind and water erosion, | ||||||
18 | (3) the
pH will be maintained so as to prevent | ||||||
19 | excessive leaching of metal ions,
and (4) adequate | ||||||
20 | containment or other measures will be provided to | ||||||
21 | protect
surface water and groundwater from | ||||||
22 | contamination at levels prohibited by
this Act, the | ||||||
23 | Illinois Groundwater Protection Act, or regulations | ||||||
24 | adopted
pursuant thereto.
| ||||||
25 | Notwithstanding any other provision of this Title, the | ||||||
26 | disposal of coal
combustion waste pursuant to item (2) or (3) |
| |||||||
| |||||||
1 | of this
subdivision (r) shall
be exempt from the other | ||||||
2 | provisions of this Title V, and notwithstanding
the provisions | ||||||
3 | of Title X of this Act, the Agency is authorized to grant
| ||||||
4 | experimental permits which include provision for the disposal | ||||||
5 | of
wastes from the combustion of coal and other materials | ||||||
6 | pursuant to items
(2) and (3) of this subdivision (r).
| ||||||
7 | (s) After April 1, 1989, offer for transportation, | ||||||
8 | transport, deliver,
receive or accept special waste for which | ||||||
9 | a manifest is required, unless
the manifest indicates that the | ||||||
10 | fee required under Section 22.8 of this
Act has been paid.
| ||||||
11 | (t) Cause or allow a lateral expansion of a municipal | ||||||
12 | solid waste landfill
unit on or after October 9, 1993, without | ||||||
13 | a permit modification, granted by the
Agency, that authorizes | ||||||
14 | the lateral expansion.
| ||||||
15 | (u) Conduct any vegetable by-product treatment, storage, | ||||||
16 | disposal or
transportation operation in violation of any | ||||||
17 | regulation, standards or permit
requirements adopted by the | ||||||
18 | Board under this Act. However, no permit shall be
required | ||||||
19 | under this Title V for the land application of vegetable | ||||||
20 | by-products
conducted pursuant to Agency permit issued under | ||||||
21 | Title III of this Act to
the generator of the vegetable | ||||||
22 | by-products. In addition, vegetable by-products
may be | ||||||
23 | transported in this State without a special waste hauling | ||||||
24 | permit, and
without the preparation and carrying of a | ||||||
25 | manifest.
| ||||||
26 | (v) (Blank).
|
| |||||||
| |||||||
1 | (w) Conduct any generation, transportation, or recycling | ||||||
2 | of construction or
demolition debris, clean or general, or | ||||||
3 | uncontaminated soil generated during
construction, remodeling, | ||||||
4 | repair, and demolition of utilities, structures, and
roads | ||||||
5 | that is not commingled with any waste, without the maintenance | ||||||
6 | of
documentation identifying the hauler, generator, place of | ||||||
7 | origin of the debris
or soil, the weight or volume of the | ||||||
8 | debris or soil, and the location, owner,
and operator of the | ||||||
9 | facility where the debris or soil was transferred,
disposed, | ||||||
10 | recycled, or treated. This documentation must be maintained by | ||||||
11 | the
generator, transporter, or recycler for 3 years.
This | ||||||
12 | subsection (w) shall not apply to (1) a permitted pollution | ||||||
13 | control
facility that transfers or accepts construction or | ||||||
14 | demolition debris,
clean or general, or uncontaminated soil | ||||||
15 | for final disposal, recycling, or
treatment, (2) a public | ||||||
16 | utility (as that term is defined in the Public
Utilities Act) | ||||||
17 | or a municipal utility, (3) the Illinois Department of
| ||||||
18 | Transportation, or (4) a municipality or a county highway | ||||||
19 | department, with
the exception of any municipality or county | ||||||
20 | highway department located within a
county having a population | ||||||
21 | of over 3,000,000 inhabitants or located in a county
that
is | ||||||
22 | contiguous to a county having a population of over 3,000,000 | ||||||
23 | inhabitants;
but it shall apply to an entity that contracts | ||||||
24 | with a public utility, a
municipal utility, the Illinois | ||||||
25 | Department of Transportation, or a
municipality or a county | ||||||
26 | highway department.
The terms
"generation" and "recycling", as
|
| |||||||
| |||||||
1 | used in this subsection, do not
apply to clean construction or | ||||||
2 | demolition debris
when (i) used as fill material below grade | ||||||
3 | outside of a setback zone
if covered by sufficient | ||||||
4 | uncontaminated soil to support vegetation within 30
days of | ||||||
5 | the completion of filling or if covered by a road or structure, | ||||||
6 | (ii)
solely broken concrete without
protruding metal bars is | ||||||
7 | used for erosion control, or (iii) milled
asphalt or crushed | ||||||
8 | concrete is used as aggregate in construction of the
shoulder | ||||||
9 | of a roadway. The terms "generation" and "recycling", as used | ||||||
10 | in this
subsection, do not apply to uncontaminated soil
that | ||||||
11 | is not commingled with any waste when (i) used as fill material | ||||||
12 | below
grade or contoured to grade, or (ii) used at the site of | ||||||
13 | generation.
| ||||||
14 | (x) Conduct any carbon sequestration operation: | ||||||
15 | (1) without a permit granted by the Agency in | ||||||
16 | accordance with Section 22.63 and any rules adopted under | ||||||
17 | that Section, or in violation of any condition imposed by | ||||||
18 | the permit, including periodic reports and full access to | ||||||
19 | adequate records and the inspection of facilities as may | ||||||
20 | be necessary to ensure compliance with this Act and any | ||||||
21 | rules or standards adopted under this Act; | ||||||
22 | (2) in violation of this Act or any rules or standards | ||||||
23 | adopted by the Board under this Act; | ||||||
24 | (3) in violation of any order adopted by the Board | ||||||
25 | under this Act; or | ||||||
26 | (4) in any pore space underlying public lands,
|
| |||||||
| |||||||
1 | including, but not limited to, lands owned by county,
| ||||||
2 | municipal, State, or federal authorities. | ||||||
3 | (y) Inject any concentrated carbon dioxide fluid produced | ||||||
4 | by a carbon dioxide capture project into a Class II well for | ||||||
5 | purposes of enhanced oil recovery, including, but not limited | ||||||
6 | to, the facilitation of enhanced oil recovery from another | ||||||
7 | well. | ||||||
8 | (z) Sell or transport concentrated carbon dioxide fluid | ||||||
9 | produced by a carbon dioxide capture project for use in | ||||||
10 | enhanced oil recovery. | ||||||
11 | (Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22; | ||||||
12 | 102-310, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. | ||||||
13 | 5-13-22.)
| ||||||
14 | (415 ILCS 5/22.63 new) | ||||||
15 | Sec. 22.63. Carbon sequestration. | ||||||
16 | (a) The General Assembly finds that: | ||||||
17 | (1) The State has a long-standing policy to restore, | ||||||
18 | protect, and enhance the environment, including the purity | ||||||
19 | of the air, land, and waters, including groundwaters, of | ||||||
20 | this State. | ||||||
21 | (2) A clean environment is essential to the growth and | ||||||
22 | well-being of this State. | ||||||
23 | (3) The sequestration of carbon in underground | ||||||
24 | formations poses a significant and long-term risk to the | ||||||
25 | air, land, and waters, including groundwater, of the State |
| |||||||
| |||||||
1 | unless the State adopts clear standards to ensure that no | ||||||
2 | sequestered carbon escapes the underground formation into | ||||||
3 | which it is injected. | ||||||
4 | (4) Meaningful participation of State residents, | ||||||
5 | especially vulnerable populations who may be affected by | ||||||
6 | regulatory actions, is critical to ensure that | ||||||
7 | environmental justice considerations are incorporated in | ||||||
8 | the development of, decision-making related to, and | ||||||
9 | implementation of environmental laws and rulemaking that | ||||||
10 | protects and improves the well-being of communities in | ||||||
11 | this State that bear disproportionate burdens imposed by | ||||||
12 | environmental pollution. | ||||||
13 | (a-5) The purpose of this Section is to promote a | ||||||
14 | healthful environment, including clean water, air, and land, | ||||||
15 | meaningful public involvement and to ensure only responsible | ||||||
16 | sequestration of carbon dioxide occurs in the State so as to | ||||||
17 | protect public health and to prevent pollution of the | ||||||
18 | environment. | ||||||
19 | (a-10) The provisions of this Section shall be liberally | ||||||
20 | construed to carry out the purposes of this Section. | ||||||
21 | (b) Any person seeking to sequester carbon dioxide in this | ||||||
22 | State must first obtain a carbon sequestration permit from the | ||||||
23 | Agency in accordance with the rules developed under subsection | ||||||
24 | (h). | ||||||
25 | (c) Any person seeking to sequester carbon dioxide in this | ||||||
26 | State must, before seeking a carbon sequestration permit in |
| |||||||
| |||||||
1 | accordance with the rules developed under subsection (h), | ||||||
2 | first conduct an environmental impact analysis. The | ||||||
3 | environmental impact analysis must: | ||||||
4 | (1) include a statement of purpose and need for the | ||||||
5 | proposed carbon sequestration project; | ||||||
6 | (2) include a GHG inventory analysis that details and | ||||||
7 | compiles the total Scope 1, 2, and 3 GHG emissions | ||||||
8 | associated with the capture, transportation, and | ||||||
9 | sequestration of the carbon dioxide proposed to be | ||||||
10 | sequestered, together with a demonstration that the Scope | ||||||
11 | 1, 2, and 3 emissions associated with the capture, | ||||||
12 | transportation, and sequestration of the carbon dioxide, | ||||||
13 | converted into carbon dioxide equivalent consistent with | ||||||
14 | United States Environmental Protection Agency rules and | ||||||
15 | guidance, will not exceed the total amount of GHGs | ||||||
16 | sequestered on an annual basis for each year the project | ||||||
17 | remains in operation; | ||||||
18 | (3) include a water impact analysis that details: | ||||||
19 | (A) the water sources likely to be impacted by the | ||||||
20 | capture, transportation, and sequestration of the | ||||||
21 | carbon dioxide proposed to be sequestered; | ||||||
22 | (B) current uses of those water sources; | ||||||
23 | (C) potential or certain impacts to those water | ||||||
24 | sources from capture, transportation, and | ||||||
25 | sequestration of the carbon dioxide, including impacts | ||||||
26 | to water quantity, quality, and current uses; |
| |||||||
| |||||||
1 | (D) the duration of the impacts to water | ||||||
2 | associated with the capture, transportation, and | ||||||
3 | sequestration of the carbon dioxide proposed to be | ||||||
4 | sequestered; and | ||||||
5 | (E) the methods the applicant will use to minimize | ||||||
6 | both water use and impacts to water quality associated | ||||||
7 | with the sequestration of carbon dioxide; | ||||||
8 | (4) include an alternatives analysis that evaluates | ||||||
9 | other reasonable alternatives for achieving the same | ||||||
10 | volume of carbon dioxide emissions reductions as are | ||||||
11 | proposed to be achieved through carbon sequestration, | ||||||
12 | including, but not limited to: | ||||||
13 | (A) if the carbon dioxide was captured at a | ||||||
14 | facility that generates electricity, energy-generation | ||||||
15 | alternatives such as renewable energy, energy storage, | ||||||
16 | or energy efficiency; | ||||||
17 | (B) if the carbon dioxide was captured at a | ||||||
18 | facility that produces fuel for vehicles or equipment, | ||||||
19 | alternatives such as the use of electric vehicles; and | ||||||
20 | (C) if the carbon dioxide was captured at an | ||||||
21 | industrial facility, alternative industrial processes | ||||||
22 | that could reduce the amount of carbon dioxide | ||||||
23 | generated. | ||||||
24 | For each alternative identified under this paragraph, | ||||||
25 | the person seeking to sequester carbon dioxide shall | ||||||
26 | complete a GHG inventory analysis of the alternative |
| |||||||
| |||||||
1 | consistent with paragraph (2) and a water impacts analysis | ||||||
2 | addressing the factors set out in paragraph (3); and | ||||||
3 | (5) be developed with public input, including by | ||||||
4 | making a draft version of the analysis available on a | ||||||
5 | public website for not less than 60 days and accepting | ||||||
6 | comments on the proposed analysis for the entirety of that | ||||||
7 | 60-day period, together with a public meeting at least 14 | ||||||
8 | days after the posting of the draft on the public website | ||||||
9 | that provides a meaningful opportunity for the public to | ||||||
10 | ask questions, have those questions answered, and provide | ||||||
11 | comment on the draft; the final environmental analysis | ||||||
12 | must include responses to public comments, identify all | ||||||
13 | changes to the analysis made in response to those | ||||||
14 | comments, and be made available to the public on a public | ||||||
15 | website. | ||||||
16 | (d) Any person seeking to sequester carbon dioxide in this | ||||||
17 | State must, before seeking a carbon sequestration permit in | ||||||
18 | accordance with the rules developed under subsection (h), | ||||||
19 | first conduct an area of review analysis that: | ||||||
20 | (1) identifies any faults, fractures, cracks, | ||||||
21 | abandoned or operating wells, mine shafts, quarries, | ||||||
22 | seismic activity, or other features of the proposed area | ||||||
23 | of review that could interfere with containment of carbon | ||||||
24 | dioxide; and | ||||||
25 | (2) if any such feature is present, demonstrates that
| ||||||
26 | the feature will not interfere with carbon dioxide
|
| |||||||
| |||||||
1 | containment. | ||||||
2 | (e) No permit for the sequestration of carbon dioxide may | ||||||
3 | be issued unless: | ||||||
4 | (1) the Illinois State Water Survey has reviewed the | ||||||
5 | water impact analysis required under paragraph (3) of | ||||||
6 | subsection (c) and, taking into consideration that | ||||||
7 | analysis, information available to the Illinois State | ||||||
8 | Water Survey concerning water supply and uses, and public | ||||||
9 | comment, concluded that the proposed carbon dioxide | ||||||
10 | sequestration project will not have significant adverse | ||||||
11 | effects on water supply or current or future uses of the | ||||||
12 | water source; and | ||||||
13 | (2) the permit sets out conditions, determined in | ||||||
14 | consultation with the Illinois State Water Survey and | ||||||
15 | taking into consideration public comments, under which the | ||||||
16 | project operator must reduce the volume or rate of water | ||||||
17 | that may be utilized for the sequestration of carbon | ||||||
18 | dioxide, as well as conditions under which the use of | ||||||
19 | water for carbon sequestration must be halted altogether. | ||||||
20 | (f) Any person who applies for or is granted a permit for | ||||||
21 | carbon sequestration under this Section shall post with the | ||||||
22 | Agency a performance bond or other security in accordance with | ||||||
23 | this Act and the rules developed under subsection (h). The | ||||||
24 | only acceptable forms of financial assurance are a trust fund, | ||||||
25 | a surety bond guaranteeing payment, a surety bond guaranteeing | ||||||
26 | performance, or an irrevocable letter of credit. |
| |||||||
| |||||||
1 | The Agency may enter into contracts and agreements it | ||||||
2 | deems necessary to carry out the purposes of this Section. | ||||||
3 | Neither the State nor any State employee shall be liable for | ||||||
4 | any damages or injuries arising out of or resulting from any | ||||||
5 | action taken under this Section. | ||||||
6 | The Agency may approve or disapprove any performance bond | ||||||
7 | or other security posted under this subsection. Any person | ||||||
8 | whose performance bond or other security is disapproved by the | ||||||
9 | Agency may contest the disapproval as a permit denial appeal | ||||||
10 | under Section 40. | ||||||
11 | (g) Every applicant for a permit for carbon sequestration | ||||||
12 | under subsection (b) of this Section shall first register with | ||||||
13 | the Agency at least 60 days before applying for a permit. The | ||||||
14 | Agency shall make available a registration form within 90 days | ||||||
15 | after the effective date of this Act. The registration form | ||||||
16 | shall require the following information: | ||||||
17 | (1) the name and address of the registrant and any | ||||||
18 | parent, subsidiary, or affiliate thereof; | ||||||
19 | (2) disclosure of all findings of a serious violation | ||||||
20 | or an equivalent violation under federal or State laws, | ||||||
21 | rules, or regulations concerning the development or | ||||||
22 | operation of a carbon dioxide injection well, a carbon | ||||||
23 | dioxide pipeline, or an oil or gas exploration or | ||||||
24 | production site, by the applicant or any parent, | ||||||
25 | subsidiary, or affiliate thereof within the previous 5 | ||||||
26 | years; and |
| |||||||
| |||||||
1 | (3) proof of insurance to cover injuries, damages, or | ||||||
2 | losses related to a release of carbon dioxide in the | ||||||
3 | amount of at least $250,000,000, from an insurance carrier | ||||||
4 | authorized, licensed, or permitted to do business in this | ||||||
5 | State and that holds at least an A- rating by an American | ||||||
6 | credit rating agency that focuses on the insurance | ||||||
7 | industry. | ||||||
8 | A registrant must notify the Department of any change in | ||||||
9 | the information identified in paragraph (1), (2), or (3) no | ||||||
10 | later than one month after the change, or sooner upon request | ||||||
11 | of the Agency. | ||||||
12 | If granted a carbon sequestration permit under this | ||||||
13 | Section, the permittee must maintain insurance in accordance | ||||||
14 | with paragraph (3) throughout the period during which carbon | ||||||
15 | dioxide is injected into the sequestration site and at least | ||||||
16 | 100 years thereafter. | ||||||
17 | (h) The Board shall adopt rules establishing permit | ||||||
18 | requirements and other standards for carbon sequestration. The | ||||||
19 | Board's rules shall address, but are not limited to, the | ||||||
20 | following issues: applicability; required permit information; | ||||||
21 | minimum criteria for siting; area of review and corrective | ||||||
22 | action; financial responsibility; injection well construction | ||||||
23 | requirements; logging, sampling, and testing requirements | ||||||
24 | before injection well operation; injection well operating | ||||||
25 | requirements; mechanical integrity; testing and monitoring | ||||||
26 | requirements; reporting requirements; injection well plugging; |
| |||||||
| |||||||
1 | post-injection site care and site closure; emergency and | ||||||
2 | remedial response; and security protections for injection | ||||||
3 | wells, monitors, and other associated infrastructure to | ||||||
4 | prevent tampering with sequestration-related equipment. | ||||||
5 | Not later than one year after the effective date of this | ||||||
6 | amendatory Act of the 103rd General Assembly the Agency shall | ||||||
7 | propose, and not later than 2 years after receipt of the | ||||||
8 | Agency's proposal the Board shall adopt, the rules required | ||||||
9 | under this Section. The rules must, at a minimum: | ||||||
10 | (1) be at least as protective and comprehensive as the | ||||||
11 | federal rules, regulations, or amendments thereto adopted | ||||||
12 | by the Administrator of the United States Environmental | ||||||
13 | Protection Agency under the provisions of 40 CFR 146 | ||||||
14 | governing Class VI wells; | ||||||
15 | (2) specify the minimum contents of carbon | ||||||
16 | sequestration permit applications, which shall include the | ||||||
17 | environmental impact analyses required under subsection | ||||||
18 | (c), the area of review analysis required under subsection | ||||||
19 | (d), and documentation and analyses sufficient to | ||||||
20 | demonstrate compliance with all applicable rules for | ||||||
21 | carbon sequestration adopted under this Section; | ||||||
22 | (3) specify the frequency at which carbon | ||||||
23 | sequestration permits expire and must be renewed, the | ||||||
24 | circumstances under which a permittee must seek a permit | ||||||
25 | modification, and the circumstances under which the Agency | ||||||
26 | may temporarily or permanently revoke a carbon |
| |||||||
| |||||||
1 | sequestration permit; | ||||||
2 | (4) specify standards for review, approval, and denial | ||||||
3 | by the Agency of carbon sequestration permit applications; | ||||||
4 | (5) specify meaningful public participation procedures | ||||||
5 | for the issuance of carbon sequestration permits, | ||||||
6 | including, but not limited to: | ||||||
7 | (A) public notice of the submission of permit | ||||||
8 | applications; | ||||||
9 | (B) posting on a public website of the full permit | ||||||
10 | application, the draft and final permitting actions by | ||||||
11 | the Agency, and the Agency's response to comments; | ||||||
12 | (C) an opportunity for the submission of public | ||||||
13 | comments; | ||||||
14 | (D) an opportunity for a public hearing prior to | ||||||
15 | permit issuance; and | ||||||
16 | (E) a summary and response of the comments | ||||||
17 | prepared by the Agency; when the sequestration is | ||||||
18 | proposed to take place in an area of environmental | ||||||
19 | justice concern, the rules shall specify further | ||||||
20 | opportunities for public participation, including, but | ||||||
21 | not limited to, public meetings, translations of | ||||||
22 | relevant documents into other languages for residents | ||||||
23 | with limited English proficiency, and interpretation | ||||||
24 | services at public meetings and hearings; | ||||||
25 | (6) prescribe the type and amount of the performance | ||||||
26 | bonds or other securities required under subsection (f) |
| |||||||
| |||||||
1 | and the conditions under which the State is entitled to | ||||||
2 | collect moneys from such performance bonds or other | ||||||
3 | securities; | ||||||
4 | (7) specify a procedure to identify areas of | ||||||
5 | environmental justice concern in relation to sequestration | ||||||
6 | facilities; | ||||||
7 | (8) prohibit carbon dioxide sequestration unless the | ||||||
8 | permit applicant demonstrates that the confining zone in | ||||||
9 | which the applicant proposes to sequester carbon dioxide: | ||||||
10 | (A) is not located in an active seismic zone, | ||||||
11 | fault area, or any other location in which carbon | ||||||
12 | sequestration could pose an undue risk of harm to | ||||||
13 | human health or the environment; | ||||||
14 | (B) does not intersect with an aquifer containing | ||||||
15 | groundwater classified as Class 1, Class 2, or Class 3 | ||||||
16 | under 35 Ill. Adm. Code Part 620, Subpart B; | ||||||
17 | (C) does not intersect with any aquifer that is | ||||||
18 | hydraulically connected to aquifers containing | ||||||
19 | groundwater classified as Class 1, Class 2, or Class 3 | ||||||
20 | under 35 Ill. Adm. Code Part 620, Subpart B; and | ||||||
21 | (D) does not contain any faults, fractures, | ||||||
22 | abandoned or operating wells, mine shafts, quarries, | ||||||
23 | or other features that could interfere with | ||||||
24 | containment of carbon dioxide; | ||||||
25 | (9) require that monitoring of carbon sequestration | ||||||
26 | facilities be conducted by a third-party contractor; |
| |||||||
| |||||||
1 | (10) establish minimum qualifications for third-party | ||||||
2 | contractors to conduct monitoring; | ||||||
3 | (11) specify the types of monitors and frequency of | ||||||
4 | monitoring to be performed at carbon sequestration | ||||||
5 | facilities, which, in addition to monitoring required | ||||||
6 | under 40 CFR 146, shall include surface air monitoring, | ||||||
7 | soil gas monitoring, seismicity monitoring, and any other | ||||||
8 | types of monitoring the Board determines are appropriate | ||||||
9 | to protect health and the environment; | ||||||
10 | (12) set the minimum duration of the post-injection | ||||||
11 | site care period at no fewer than 100 years; and | ||||||
12 | (13) establish reporting requirements for carbon | ||||||
13 | sequestration permittees, which, in addition to the | ||||||
14 | reporting required under 40 CFR 146, shall include, but | ||||||
15 | are not limited to, the mass of carbon dioxide transported | ||||||
16 | to sequestration facilities, the facilities from which | ||||||
17 | that carbon dioxide was captured, seismic events of | ||||||
18 | significant magnitude, and malfunctions or downtime of any | ||||||
19 | monitors. | ||||||
20 | No adjusted standard, variance, or other regulatory
relief | ||||||
21 | otherwise available under this Act may be granted from
the | ||||||
22 | requirements of this Section.
| ||||||
23 | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
| ||||||
24 | Sec. 39. Issuance of permits; procedures.
| ||||||
25 | (a) When the Board has by regulation required a permit for
|
| |||||||
| |||||||
1 | the construction, installation, or operation of any type of | ||||||
2 | facility,
equipment, vehicle, vessel, or aircraft, the | ||||||
3 | applicant shall apply to
the Agency for such permit and it | ||||||
4 | shall be the duty of the Agency to
issue such a permit upon | ||||||
5 | proof by the applicant that the facility,
equipment, vehicle, | ||||||
6 | vessel, or aircraft will not cause a violation of
this Act or | ||||||
7 | of regulations hereunder. The Agency shall adopt such
| ||||||
8 | procedures as are necessary to carry out its duties under this | ||||||
9 | Section.
In making its determinations on permit applications | ||||||
10 | under this Section the Agency may consider prior adjudications | ||||||
11 | of
noncompliance with this Act by the applicant that involved | ||||||
12 | a release of a
contaminant into the environment. In granting | ||||||
13 | permits, the Agency
may impose reasonable conditions | ||||||
14 | specifically related to the applicant's past
compliance | ||||||
15 | history with this Act as necessary to correct, detect, or
| ||||||
16 | prevent noncompliance. The Agency may impose such other | ||||||
17 | conditions
as may be necessary to accomplish the purposes of | ||||||
18 | this Act, and as are not
inconsistent with the regulations | ||||||
19 | promulgated by the Board hereunder. Except as
otherwise | ||||||
20 | provided in this Act, a bond or other security shall not be | ||||||
21 | required
as a condition for the issuance of a permit. If the | ||||||
22 | Agency denies any permit
under this Section, the Agency shall | ||||||
23 | transmit to the applicant within the time
limitations of this | ||||||
24 | Section specific, detailed statements as to the reasons the
| ||||||
25 | permit application was denied. Such statements shall include, | ||||||
26 | but not be
limited to, the following:
|
| |||||||
| |||||||
1 | (i) the Sections of this Act which may be violated if | ||||||
2 | the permit
were granted;
| ||||||
3 | (ii) the provision of the regulations, promulgated | ||||||
4 | under this Act,
which may be violated if the permit were | ||||||
5 | granted;
| ||||||
6 | (iii) the specific type of information, if any, which | ||||||
7 | the Agency
deems the applicant did not provide the Agency; | ||||||
8 | and
| ||||||
9 | (iv) a statement of specific reasons why the Act and | ||||||
10 | the regulations
might not be met if the permit were | ||||||
11 | granted.
| ||||||
12 | If there is no final action by the Agency within 90 days | ||||||
13 | after the
filing of the application for permit, the applicant | ||||||
14 | may deem the permit
issued; except that this time period shall | ||||||
15 | be extended to 180 days when
(1) notice and opportunity for | ||||||
16 | public hearing are required by State or
federal law or | ||||||
17 | regulation, (2) the application which was filed is for
any | ||||||
18 | permit to develop a landfill subject to issuance pursuant to | ||||||
19 | this
subsection, or (3) the application that was filed is for a | ||||||
20 | MSWLF unit
required to issue public notice under subsection | ||||||
21 | (p) of Section 39. The
90-day and 180-day time periods for the | ||||||
22 | Agency to take final action do not
apply to NPDES permit | ||||||
23 | applications under subsection (b) of this Section,
to RCRA | ||||||
24 | permit applications under subsection (d) of this Section,
to | ||||||
25 | UIC permit applications under subsection (e) of this Section, | ||||||
26 | or to CCR surface impoundment applications under subsection |
| |||||||
| |||||||
1 | (y) of this Section.
| ||||||
2 | The Agency shall publish notice of all final permit | ||||||
3 | determinations for
development permits for MSWLF units and for | ||||||
4 | significant permit modifications
for lateral expansions for | ||||||
5 | existing MSWLF units one time in a newspaper of
general | ||||||
6 | circulation in the county in which the unit is or is proposed | ||||||
7 | to be
located.
| ||||||
8 | After January 1, 1994 and until July 1, 1998, operating | ||||||
9 | permits issued under
this Section by the
Agency for sources of | ||||||
10 | air pollution permitted to emit less than 25 tons
per year of | ||||||
11 | any combination of regulated air pollutants, as defined in
| ||||||
12 | Section 39.5 of this Act, shall be required to be renewed only | ||||||
13 | upon written
request by the Agency consistent with applicable | ||||||
14 | provisions of this Act and
regulations promulgated hereunder. | ||||||
15 | Such operating permits shall expire
180 days after the date of | ||||||
16 | such a request. The Board shall revise its
regulations for the | ||||||
17 | existing State air pollution operating permit program
| ||||||
18 | consistent with this provision by January 1, 1994.
| ||||||
19 | After June 30, 1998, operating permits issued under this | ||||||
20 | Section by the
Agency for sources of air pollution that are not | ||||||
21 | subject to Section 39.5 of
this Act and are not required to | ||||||
22 | have a federally enforceable State operating
permit shall be | ||||||
23 | required to be renewed only upon written request by the Agency
| ||||||
24 | consistent with applicable provisions of this Act and its | ||||||
25 | rules. Such
operating permits shall expire 180 days after the | ||||||
26 | date of such a request.
Before July 1, 1998, the Board shall |
| |||||||
| |||||||
1 | revise its rules for the existing State
air pollution | ||||||
2 | operating permit program consistent with this paragraph and | ||||||
3 | shall
adopt rules that require a source to demonstrate that it | ||||||
4 | qualifies for a permit
under this paragraph.
| ||||||
5 | (b) The Agency may issue NPDES permits exclusively under | ||||||
6 | this
subsection for the discharge of contaminants from point | ||||||
7 | sources into
navigable waters, all as defined in the Federal | ||||||
8 | Water Pollution Control
Act, as now or hereafter amended, | ||||||
9 | within the jurisdiction of the
State, or into any well.
| ||||||
10 | All NPDES permits shall contain those terms and | ||||||
11 | conditions, including,
but not limited to, schedules of | ||||||
12 | compliance, which may be required to
accomplish the purposes | ||||||
13 | and provisions of this Act.
| ||||||
14 | The Agency may issue general NPDES permits for discharges | ||||||
15 | from categories
of point sources which are subject to the same | ||||||
16 | permit limitations and
conditions. Such general permits may be | ||||||
17 | issued without individual
applications and shall conform to | ||||||
18 | regulations promulgated under Section 402
of the Federal Water | ||||||
19 | Pollution Control Act, as now or hereafter amended.
| ||||||
20 | The Agency may include, among such conditions, effluent | ||||||
21 | limitations
and other requirements established under this Act, | ||||||
22 | Board regulations,
the Federal Water Pollution Control Act, as | ||||||
23 | now or hereafter amended, and
regulations pursuant thereto, | ||||||
24 | and schedules for achieving compliance
therewith at the | ||||||
25 | earliest reasonable date.
| ||||||
26 | The Agency shall adopt filing requirements and procedures |
| |||||||
| |||||||
1 | which are
necessary and appropriate for the issuance of NPDES | ||||||
2 | permits, and which
are consistent with the Act or regulations | ||||||
3 | adopted by the Board, and
with the Federal Water Pollution | ||||||
4 | Control Act, as now or hereafter
amended, and regulations | ||||||
5 | pursuant thereto.
| ||||||
6 | The Agency, subject to any conditions which may be | ||||||
7 | prescribed by
Board regulations, may issue NPDES permits to | ||||||
8 | allow discharges beyond
deadlines established by this Act or | ||||||
9 | by regulations of the Board without
the requirement of a | ||||||
10 | variance, subject to the Federal Water Pollution
Control Act, | ||||||
11 | as now or hereafter amended, and regulations pursuant thereto.
| ||||||
12 | (c) Except for those facilities owned or operated by | ||||||
13 | sanitary districts
organized under the Metropolitan Water | ||||||
14 | Reclamation District Act, no
permit for the development or | ||||||
15 | construction of a new pollution control
facility may be | ||||||
16 | granted by the Agency unless the applicant submits proof to | ||||||
17 | the
Agency that the location of the facility has been approved | ||||||
18 | by the county board
of the county if in an unincorporated area, | ||||||
19 | or the governing body of the
municipality when in an | ||||||
20 | incorporated area, in which the facility is to be
located in | ||||||
21 | accordance with Section 39.2 of this Act. For purposes of this | ||||||
22 | subsection (c), and for purposes of Section 39.2 of this Act, | ||||||
23 | the appropriate county board or governing body of the | ||||||
24 | municipality shall be the county board of the county or the | ||||||
25 | governing body of the municipality in which the facility is to | ||||||
26 | be located as of the date when the application for siting |
| |||||||
| |||||||
1 | approval is filed.
| ||||||
2 | In the event that siting approval granted pursuant to | ||||||
3 | Section 39.2 has
been transferred to a subsequent owner or | ||||||
4 | operator, that subsequent owner or
operator may apply to the | ||||||
5 | Agency for, and the Agency may grant, a development
or | ||||||
6 | construction permit for the facility for which local siting | ||||||
7 | approval was
granted. Upon application to the Agency for a | ||||||
8 | development or
construction permit by that subsequent owner or | ||||||
9 | operator,
the permit applicant shall cause written notice of | ||||||
10 | the permit application
to be served upon the appropriate | ||||||
11 | county board or governing body of the
municipality that | ||||||
12 | granted siting approval for that facility and upon any party
| ||||||
13 | to the siting proceeding pursuant to which siting approval was | ||||||
14 | granted. In
that event, the Agency shall conduct an evaluation | ||||||
15 | of the subsequent owner or
operator's prior experience in | ||||||
16 | waste management operations in the manner
conducted under | ||||||
17 | subsection (i) of Section 39 of this Act.
| ||||||
18 | Beginning August 20, 1993, if the pollution control | ||||||
19 | facility consists of a
hazardous or solid waste disposal | ||||||
20 | facility for which the proposed site is
located in an | ||||||
21 | unincorporated area of a county with a population of less than
| ||||||
22 | 100,000 and includes all or a portion of a parcel of land that | ||||||
23 | was, on April 1,
1993, adjacent to a municipality having a | ||||||
24 | population of less than 5,000, then
the local siting review | ||||||
25 | required under this subsection (c) in conjunction with
any | ||||||
26 | permit applied for after that date shall be performed by the |
| |||||||
| |||||||
1 | governing body
of that adjacent municipality rather than the | ||||||
2 | county board of the county in
which the proposed site is | ||||||
3 | located; and for the purposes of that local siting
review, any | ||||||
4 | references in this Act to the county board shall be deemed to | ||||||
5 | mean
the governing body of that adjacent municipality; | ||||||
6 | provided, however, that the
provisions of this paragraph shall | ||||||
7 | not apply to any proposed site which was, on
April 1, 1993, | ||||||
8 | owned in whole or in part by another municipality.
| ||||||
9 | In the case of a pollution control facility for which a
| ||||||
10 | development permit was issued before November 12, 1981, if an | ||||||
11 | operating
permit has not been issued by the Agency prior to | ||||||
12 | August 31, 1989 for
any portion of the facility, then the | ||||||
13 | Agency may not issue or renew any
development permit nor issue | ||||||
14 | an original operating permit for any portion of
such facility | ||||||
15 | unless the applicant has submitted proof to the Agency that | ||||||
16 | the
location of the facility has been approved by the | ||||||
17 | appropriate county board or
municipal governing body pursuant | ||||||
18 | to Section 39.2 of this Act.
| ||||||
19 | After January 1, 1994, if a solid waste
disposal facility, | ||||||
20 | any portion for which an operating permit has been issued by
| ||||||
21 | the Agency, has not accepted waste disposal for 5 or more | ||||||
22 | consecutive calendar
years, before that facility may accept | ||||||
23 | any new or additional waste for
disposal, the owner and | ||||||
24 | operator must obtain a new operating permit under this
Act for | ||||||
25 | that facility unless the owner and operator have applied to | ||||||
26 | the Agency
for a permit authorizing the temporary suspension |
| |||||||
| |||||||
1 | of waste acceptance. The
Agency may not issue a new operation | ||||||
2 | permit under this Act for the facility
unless the applicant | ||||||
3 | has submitted proof to the Agency that the location of the
| ||||||
4 | facility has been approved or re-approved by the appropriate | ||||||
5 | county board or
municipal governing body under Section 39.2 of | ||||||
6 | this Act after the facility
ceased accepting waste.
| ||||||
7 | Except for those facilities owned or operated by sanitary | ||||||
8 | districts
organized under the Metropolitan Water Reclamation | ||||||
9 | District Act, and
except for new pollution control facilities | ||||||
10 | governed by Section 39.2,
and except for fossil fuel mining | ||||||
11 | facilities, the granting of a permit under
this Act shall not | ||||||
12 | relieve the applicant from meeting and securing all
necessary | ||||||
13 | zoning approvals from the unit of government having zoning
| ||||||
14 | jurisdiction over the proposed facility.
| ||||||
15 | Before beginning construction on any new sewage treatment | ||||||
16 | plant or sludge
drying site to be owned or operated by a | ||||||
17 | sanitary district organized under
the Metropolitan Water | ||||||
18 | Reclamation District Act for which a new
permit (rather than | ||||||
19 | the renewal or amendment of an existing permit) is
required, | ||||||
20 | such sanitary district shall hold a public hearing within the
| ||||||
21 | municipality within which the proposed facility is to be | ||||||
22 | located, or within the
nearest community if the proposed | ||||||
23 | facility is to be located within an
unincorporated area, at | ||||||
24 | which information concerning the proposed facility
shall be | ||||||
25 | made available to the public, and members of the public shall | ||||||
26 | be given
the opportunity to express their views concerning the |
| |||||||
| |||||||
1 | proposed facility.
| ||||||
2 | The Agency may issue a permit for a municipal waste | ||||||
3 | transfer station
without requiring approval pursuant to | ||||||
4 | Section 39.2 provided that the following
demonstration is | ||||||
5 | made:
| ||||||
6 | (1) the municipal waste transfer station was in | ||||||
7 | existence on or before
January 1, 1979 and was in | ||||||
8 | continuous operation from January 1, 1979 to January
1, | ||||||
9 | 1993;
| ||||||
10 | (2) the operator submitted a permit application to the | ||||||
11 | Agency to develop
and operate the municipal waste transfer | ||||||
12 | station during April of 1994;
| ||||||
13 | (3) the operator can demonstrate that the county board | ||||||
14 | of the county, if
the municipal waste transfer station is | ||||||
15 | in an unincorporated area, or the
governing body of the | ||||||
16 | municipality, if the station is in an incorporated area,
| ||||||
17 | does not object to resumption of the operation of the | ||||||
18 | station; and
| ||||||
19 | (4) the site has local zoning approval.
| ||||||
20 | (d) The Agency may issue RCRA permits exclusively under | ||||||
21 | this
subsection to persons owning or operating a facility for | ||||||
22 | the treatment,
storage, or disposal of hazardous waste as | ||||||
23 | defined under this Act. Subsection (y) of this Section, rather | ||||||
24 | than this subsection (d), shall apply to permits issued for | ||||||
25 | CCR surface impoundments.
| ||||||
26 | All RCRA permits shall contain those terms and conditions, |
| |||||||
| |||||||
1 | including, but
not limited to, schedules of compliance, which | ||||||
2 | may be required to accomplish
the purposes and provisions of | ||||||
3 | this Act. The Agency may include among such
conditions | ||||||
4 | standards and other requirements established under this Act,
| ||||||
5 | Board regulations, the Resource Conservation and Recovery Act | ||||||
6 | of 1976 (P.L.
94-580), as amended, and regulations pursuant | ||||||
7 | thereto, and may include
schedules for achieving compliance | ||||||
8 | therewith as soon as possible. The
Agency shall require that a | ||||||
9 | performance bond or other security be provided
as a condition | ||||||
10 | for the issuance of a RCRA permit.
| ||||||
11 | In the case of a permit to operate a hazardous waste or PCB | ||||||
12 | incinerator
as defined in subsection (k) of Section 44, the | ||||||
13 | Agency shall require, as a
condition of the permit, that the | ||||||
14 | operator of the facility perform such
analyses of the waste to | ||||||
15 | be incinerated as may be necessary and appropriate
to ensure | ||||||
16 | the safe operation of the incinerator.
| ||||||
17 | The Agency shall adopt filing requirements and procedures | ||||||
18 | which
are necessary and appropriate for the issuance of RCRA | ||||||
19 | permits, and which
are consistent with the Act or regulations | ||||||
20 | adopted by the Board, and with
the Resource Conservation and | ||||||
21 | Recovery Act of 1976 (P.L. 94-580), as
amended, and | ||||||
22 | regulations pursuant thereto.
| ||||||
23 | The applicant shall make available to the public for | ||||||
24 | inspection all
documents submitted by the applicant to the | ||||||
25 | Agency in furtherance
of an application, with the exception of | ||||||
26 | trade secrets, at the office of
the county board or governing |
| |||||||
| |||||||
1 | body of the municipality. Such documents
may be copied upon | ||||||
2 | payment of the actual cost of reproduction during regular
| ||||||
3 | business hours of the local office. The Agency shall issue a | ||||||
4 | written statement
concurrent with its grant or denial of the | ||||||
5 | permit explaining the basis for its
decision.
| ||||||
6 | (e) The Agency may issue UIC permits exclusively under | ||||||
7 | this
subsection to persons owning or operating a facility for | ||||||
8 | the underground
injection of contaminants as defined under | ||||||
9 | this Act , except that the Agency shall issue any permits for
| ||||||
10 | underground injection wells for the sequestration of carbon
| ||||||
11 | dioxide under Section 22.63 .
| ||||||
12 | All UIC permits shall contain those terms and conditions, | ||||||
13 | including, but
not limited to, schedules of compliance, which | ||||||
14 | may be required to accomplish
the purposes and provisions of | ||||||
15 | this Act. The Agency may include among such
conditions | ||||||
16 | standards and other requirements established under this Act,
| ||||||
17 | Board regulations, the Safe Drinking Water Act (P.L. 93-523), | ||||||
18 | as amended,
and regulations pursuant thereto, and may include | ||||||
19 | schedules for achieving
compliance therewith. The Agency shall | ||||||
20 | require that a performance bond or
other security be provided | ||||||
21 | as a condition for the issuance of a UIC permit.
| ||||||
22 | The Agency shall adopt filing requirements and procedures | ||||||
23 | which
are necessary and appropriate for the issuance of UIC | ||||||
24 | permits, and which
are consistent with the Act or regulations | ||||||
25 | adopted by the Board, and with
the Safe Drinking Water Act | ||||||
26 | (P.L. 93-523), as amended, and regulations
pursuant thereto.
|
| |||||||
| |||||||
1 | The applicant shall make available to the public for | ||||||
2 | inspection all
documents submitted by the applicant to the | ||||||
3 | Agency in furtherance of an
application, with the exception of | ||||||
4 | trade secrets, at the office of the county
board or governing | ||||||
5 | body of the municipality. Such documents may be copied upon
| ||||||
6 | payment of the actual cost of reproduction during regular | ||||||
7 | business hours of the
local office. The Agency shall issue a | ||||||
8 | written statement concurrent with its
grant or denial of the | ||||||
9 | permit explaining the basis for its decision.
| ||||||
10 | (f) In making any determination pursuant to Section 9.1 of | ||||||
11 | this Act:
| ||||||
12 | (1) The Agency shall have authority to make the | ||||||
13 | determination of any
question required to be determined by | ||||||
14 | the Clean Air Act, as now or
hereafter amended, this Act, | ||||||
15 | or the regulations of the Board, including the
| ||||||
16 | determination of the Lowest Achievable Emission Rate, | ||||||
17 | Maximum Achievable
Control Technology, or Best Available | ||||||
18 | Control Technology, consistent with the
Board's | ||||||
19 | regulations, if any.
| ||||||
20 | (2) The Agency shall adopt requirements as necessary | ||||||
21 | to implement public participation procedures, including, | ||||||
22 | but not limited to, public notice, comment, and an | ||||||
23 | opportunity for hearing, which must accompany the | ||||||
24 | processing of applications for PSD permits. The Agency | ||||||
25 | shall briefly describe and respond to all significant | ||||||
26 | comments on the draft permit raised during the public |
| |||||||
| |||||||
1 | comment period or during any hearing. The Agency may group | ||||||
2 | related comments together and provide one unified response | ||||||
3 | for each issue raised. | ||||||
4 | (3) Any complete permit application submitted to the | ||||||
5 | Agency under this subsection for a PSD permit shall be | ||||||
6 | granted or denied by the Agency not later than one year | ||||||
7 | after the filing of such completed application. | ||||||
8 | (4) The Agency shall, after conferring with the | ||||||
9 | applicant, give written
notice to the applicant of its | ||||||
10 | proposed decision on the application, including
the terms | ||||||
11 | and conditions of the permit to be issued and the facts, | ||||||
12 | conduct,
or other basis upon which the Agency will rely to | ||||||
13 | support its proposed action.
| ||||||
14 | (g) The Agency shall include as conditions upon all | ||||||
15 | permits issued for
hazardous waste disposal sites such | ||||||
16 | restrictions upon the future use
of such sites as are | ||||||
17 | reasonably necessary to protect public health and
the | ||||||
18 | environment, including permanent prohibition of the use of | ||||||
19 | such
sites for purposes which may create an unreasonable risk | ||||||
20 | of injury to human
health or to the environment. After | ||||||
21 | administrative and judicial challenges
to such restrictions | ||||||
22 | have been exhausted, the Agency shall file such
restrictions | ||||||
23 | of record in the Office of the Recorder of the county in which
| ||||||
24 | the hazardous waste disposal site is located.
| ||||||
25 | (h) A hazardous waste stream may not be deposited in a | ||||||
26 | permitted hazardous
waste site unless specific authorization |
| |||||||
| |||||||
1 | is obtained from the Agency by the
generator and disposal site | ||||||
2 | owner and operator for the deposit of that specific
hazardous | ||||||
3 | waste stream. The Agency may grant specific authorization for
| ||||||
4 | disposal of hazardous waste streams only after the generator | ||||||
5 | has reasonably
demonstrated that, considering
technological | ||||||
6 | feasibility and economic reasonableness, the hazardous waste
| ||||||
7 | cannot be reasonably recycled for reuse, nor incinerated or | ||||||
8 | chemically,
physically, or biologically treated so as to | ||||||
9 | neutralize the hazardous waste
and render it nonhazardous. In | ||||||
10 | granting authorization under this Section,
the Agency may | ||||||
11 | impose such conditions as may be necessary to accomplish
the | ||||||
12 | purposes of the Act and are consistent with this Act and | ||||||
13 | regulations
promulgated by the Board hereunder. If the Agency | ||||||
14 | refuses to grant
authorization under this Section, the | ||||||
15 | applicant may appeal as if the Agency
refused to grant a | ||||||
16 | permit, pursuant to the provisions of subsection (a) of
| ||||||
17 | Section 40 of this Act. For purposes of this subsection (h), | ||||||
18 | the term
"generator" has the meaning given in Section 3.205 of | ||||||
19 | this Act,
unless: (1) the hazardous waste is treated, | ||||||
20 | incinerated, or partially recycled
for reuse prior to | ||||||
21 | disposal, in which case the last person who treats,
| ||||||
22 | incinerates, or partially recycles the hazardous waste prior | ||||||
23 | to disposal is the
generator; or (2) the hazardous waste is | ||||||
24 | from a response action, in which case
the person performing | ||||||
25 | the response action is the generator. This subsection
(h) does | ||||||
26 | not apply to any hazardous waste that is restricted from land |
| |||||||
| |||||||
1 | disposal
under 35 Ill. Adm. Code 728.
| ||||||
2 | (i) Before issuing any RCRA permit, any permit for a waste | ||||||
3 | storage site,
sanitary landfill, waste disposal site, waste | ||||||
4 | transfer station, waste treatment
facility, waste incinerator, | ||||||
5 | or any waste-transportation operation, any permit or interim | ||||||
6 | authorization for a clean construction or demolition debris | ||||||
7 | fill operation, or any permit required under subsection (d-5) | ||||||
8 | of Section 55, the Agency
shall conduct an evaluation of the | ||||||
9 | prospective owner's or operator's prior
experience in waste | ||||||
10 | management operations, clean construction or demolition debris | ||||||
11 | fill operations, and tire storage site management. The Agency | ||||||
12 | may deny such a permit, or deny or revoke interim | ||||||
13 | authorization,
if the prospective owner or operator or any | ||||||
14 | employee or officer of the
prospective owner or operator has a | ||||||
15 | history of:
| ||||||
16 | (1) repeated violations of federal, State, or local | ||||||
17 | laws, regulations,
standards, or ordinances in the | ||||||
18 | operation of waste management facilities or
sites, clean | ||||||
19 | construction or demolition debris fill operation | ||||||
20 | facilities or sites, or tire storage sites; or
| ||||||
21 | (2) conviction in this or another State of any crime | ||||||
22 | which is a felony
under the laws of this State, or | ||||||
23 | conviction of a felony in a federal court; or conviction | ||||||
24 | in this or another state or federal court of any of the | ||||||
25 | following crimes: forgery, official misconduct, bribery, | ||||||
26 | perjury, or knowingly submitting false information under |
| |||||||
| |||||||
1 | any environmental law, regulation, or permit term or | ||||||
2 | condition; or
| ||||||
3 | (3) proof of gross carelessness or incompetence in | ||||||
4 | handling, storing,
processing, transporting, or disposing | ||||||
5 | of waste, clean construction or demolition debris, or used | ||||||
6 | or waste tires, or proof of gross carelessness or | ||||||
7 | incompetence in using clean construction or demolition | ||||||
8 | debris as fill.
| ||||||
9 | (i-5) Before issuing any permit or approving any interim | ||||||
10 | authorization for a clean construction or demolition debris | ||||||
11 | fill operation in which any ownership interest is transferred | ||||||
12 | between January 1, 2005, and the effective date of the | ||||||
13 | prohibition set forth in Section 22.52 of this Act, the Agency | ||||||
14 | shall conduct an evaluation of the operation if any previous | ||||||
15 | activities at the site or facility may have caused or allowed | ||||||
16 | contamination of the site. It shall be the responsibility of | ||||||
17 | the owner or operator seeking the permit or interim | ||||||
18 | authorization to provide to the Agency all of the information | ||||||
19 | necessary for the Agency to conduct its evaluation. The Agency | ||||||
20 | may deny a permit or interim authorization if previous | ||||||
21 | activities at the site may have caused or allowed | ||||||
22 | contamination at the site, unless such contamination is | ||||||
23 | authorized under any permit issued by the Agency.
| ||||||
24 | (j) The issuance under this Act of a permit to engage in | ||||||
25 | the surface mining
of any resources other than fossil fuels | ||||||
26 | shall not relieve
the permittee from its duty to comply with |
| |||||||
| |||||||
1 | any applicable local law regulating
the commencement, | ||||||
2 | location, or operation of surface mining facilities.
| ||||||
3 | (k) A development permit issued under subsection (a) of | ||||||
4 | Section 39 for any
facility or site which is required to have a | ||||||
5 | permit under subsection (d) of
Section 21 shall expire at the | ||||||
6 | end of 2 calendar years from the date upon which
it was issued, | ||||||
7 | unless within that period the applicant has taken action to
| ||||||
8 | develop the facility or the site. In the event that review of | ||||||
9 | the
conditions of the development permit is sought pursuant to | ||||||
10 | Section 40 or
41, or permittee is prevented from commencing | ||||||
11 | development of the facility
or site by any other litigation | ||||||
12 | beyond the permittee's control, such
two-year period shall be | ||||||
13 | deemed to begin on the date upon which such review
process or | ||||||
14 | litigation is concluded.
| ||||||
15 | (l) No permit shall be issued by the Agency under this Act | ||||||
16 | for
construction or operation of any facility or site located | ||||||
17 | within the
boundaries of any setback zone established pursuant | ||||||
18 | to this Act, where such
construction or operation is | ||||||
19 | prohibited.
| ||||||
20 | (m) The Agency may issue permits to persons owning or | ||||||
21 | operating
a facility for composting landscape waste. In | ||||||
22 | granting such permits, the Agency
may impose such conditions | ||||||
23 | as may be necessary to accomplish the purposes of
this Act, and | ||||||
24 | as are not inconsistent with applicable regulations | ||||||
25 | promulgated
by the Board. Except as otherwise provided in this | ||||||
26 | Act, a bond or other
security shall not be required as a |
| |||||||
| |||||||
1 | condition for the issuance of a permit. If
the Agency denies | ||||||
2 | any permit pursuant to this subsection, the Agency shall
| ||||||
3 | transmit to the applicant within the time limitations of this | ||||||
4 | subsection
specific, detailed statements as to the reasons the | ||||||
5 | permit application was
denied. Such statements shall include | ||||||
6 | but not be limited to the following:
| ||||||
7 | (1) the Sections of this Act that may be violated if | ||||||
8 | the permit
were granted;
| ||||||
9 | (2) the specific regulations promulgated pursuant to | ||||||
10 | this
Act that may be violated if the permit were granted;
| ||||||
11 | (3) the specific information, if any, the Agency deems | ||||||
12 | the
applicant did not provide in its application to the | ||||||
13 | Agency; and
| ||||||
14 | (4) a statement of specific reasons why the Act and | ||||||
15 | the regulations
might be violated if the permit were | ||||||
16 | granted.
| ||||||
17 | If no final action is taken by the Agency within 90 days | ||||||
18 | after the filing
of the application for permit, the applicant | ||||||
19 | may deem the permit issued.
Any applicant for a permit may | ||||||
20 | waive the 90-day limitation by filing a
written statement with | ||||||
21 | the Agency.
| ||||||
22 | The Agency shall issue permits for such facilities upon | ||||||
23 | receipt of an
application that includes a legal description of | ||||||
24 | the site, a topographic
map of the site drawn to the scale of | ||||||
25 | 200 feet to the inch or larger, a
description of the operation, | ||||||
26 | including the area served, an estimate of
the volume of |
| |||||||
| |||||||
1 | materials to be processed, and documentation that:
| ||||||
2 | (1) the facility includes a setback of at
least 200 | ||||||
3 | feet from the nearest potable water supply well;
| ||||||
4 | (2) the facility is located outside the boundary
of | ||||||
5 | the 10-year floodplain or the site will be floodproofed;
| ||||||
6 | (3) the facility is located so as to minimize
| ||||||
7 | incompatibility with the character of the surrounding | ||||||
8 | area, including at
least a 200 foot setback from any | ||||||
9 | residence, and in the case of a
facility that is developed | ||||||
10 | or the permitted composting area of which is
expanded | ||||||
11 | after November 17, 1991, the composting area is located at | ||||||
12 | least 1/8
mile from the nearest residence (other than a | ||||||
13 | residence located on the same
property as the facility);
| ||||||
14 | (4) the design of the facility will prevent any | ||||||
15 | compost material from
being placed within 5 feet of the | ||||||
16 | water table, will adequately control runoff
from the site, | ||||||
17 | and will collect and manage any leachate that is generated | ||||||
18 | on
the site;
| ||||||
19 | (5) the operation of the facility will include | ||||||
20 | appropriate dust
and odor control measures, limitations on | ||||||
21 | operating hours, appropriate
noise control measures for | ||||||
22 | shredding, chipping and similar equipment,
management | ||||||
23 | procedures for composting, containment and disposal of
| ||||||
24 | non-compostable wastes, procedures to be used for
| ||||||
25 | terminating operations at the site, and recordkeeping | ||||||
26 | sufficient to
document the amount of materials received, |
| |||||||
| |||||||
1 | composted, and otherwise
disposed of; and
| ||||||
2 | (6) the operation will be conducted in accordance with | ||||||
3 | any applicable
rules adopted by the Board.
| ||||||
4 | The Agency shall issue renewable permits of not longer | ||||||
5 | than 10 years
in duration for the composting of landscape | ||||||
6 | wastes, as defined in Section
3.155 of this Act, based on the | ||||||
7 | above requirements.
| ||||||
8 | The operator of any facility permitted under this | ||||||
9 | subsection (m) must
submit a written annual statement to the | ||||||
10 | Agency on or before April 1 of
each year that includes an | ||||||
11 | estimate of the amount of material, in tons,
received for | ||||||
12 | composting.
| ||||||
13 | (n) The Agency shall issue permits jointly with the | ||||||
14 | Department of
Transportation for the dredging or deposit of | ||||||
15 | material in Lake Michigan in
accordance with Section 18 of the | ||||||
16 | Rivers, Lakes, and Streams Act.
| ||||||
17 | (o) (Blank).
| ||||||
18 | (p) (1) Any person submitting an application for a permit | ||||||
19 | for a new MSWLF
unit or for a lateral expansion under | ||||||
20 | subsection (t) of Section 21 of this Act
for an existing MSWLF | ||||||
21 | unit that has not received and is not subject to local
siting | ||||||
22 | approval under Section 39.2 of this Act shall publish notice | ||||||
23 | of the
application in a newspaper of general circulation in | ||||||
24 | the county in which the
MSWLF unit is or is proposed to be | ||||||
25 | located. The notice must be published at
least 15 days before | ||||||
26 | submission of the permit application to the Agency. The
notice |
| |||||||
| |||||||
1 | shall state the name and address of the applicant, the | ||||||
2 | location of the
MSWLF unit or proposed MSWLF unit, the nature | ||||||
3 | and size of the MSWLF unit or
proposed MSWLF unit, the nature | ||||||
4 | of the activity proposed, the probable life of
the proposed | ||||||
5 | activity, the date the permit application will be submitted, | ||||||
6 | and a
statement that persons may file written comments with | ||||||
7 | the Agency concerning the
permit application within 30 days | ||||||
8 | after the filing of the permit application
unless the time | ||||||
9 | period to submit comments is extended by the Agency.
| ||||||
10 | When a permit applicant submits information to the Agency | ||||||
11 | to supplement a
permit application being reviewed by the | ||||||
12 | Agency, the applicant shall not be
required to reissue the | ||||||
13 | notice under this subsection.
| ||||||
14 | (2) The Agency shall accept written comments concerning | ||||||
15 | the permit
application that are postmarked no later than 30 | ||||||
16 | days after the
filing of the permit application, unless the | ||||||
17 | time period to accept comments is
extended by the Agency.
| ||||||
18 | (3) Each applicant for a permit described in part (1) of | ||||||
19 | this subsection
shall file a
copy of the permit application | ||||||
20 | with the county board or governing body of the
municipality in | ||||||
21 | which the MSWLF unit is or is proposed to be located at the
| ||||||
22 | same time the application is submitted to the Agency. The | ||||||
23 | permit application
filed with the county board or governing | ||||||
24 | body of the municipality shall include
all documents submitted | ||||||
25 | to or to be submitted to the Agency, except trade
secrets as | ||||||
26 | determined under Section 7.1 of this Act. The permit |
| |||||||
| |||||||
1 | application
and other documents on file with the county board | ||||||
2 | or governing body of the
municipality shall be made available | ||||||
3 | for public inspection during regular
business hours at the | ||||||
4 | office of the county board or the governing body of the
| ||||||
5 | municipality and may be copied upon payment of the actual cost | ||||||
6 | of
reproduction.
| ||||||
7 | (q) Within 6 months after July 12, 2011 (the effective | ||||||
8 | date of Public Act 97-95), the Agency, in consultation with | ||||||
9 | the regulated community, shall develop a web portal to be | ||||||
10 | posted on its website for the purpose of enhancing review and | ||||||
11 | promoting timely issuance of permits required by this Act. At | ||||||
12 | a minimum, the Agency shall make the following information | ||||||
13 | available on the web portal: | ||||||
14 | (1) Checklists and guidance relating to the completion | ||||||
15 | of permit applications, developed pursuant to subsection | ||||||
16 | (s) of this Section, which may include, but are not | ||||||
17 | limited to, existing instructions for completing the | ||||||
18 | applications and examples of complete applications. As the | ||||||
19 | Agency develops new checklists and develops guidance, it | ||||||
20 | shall supplement the web portal with those materials. | ||||||
21 | (2) Within 2 years after July 12, 2011 (the effective | ||||||
22 | date of Public Act 97-95), permit application forms or | ||||||
23 | portions of permit applications that can be completed and | ||||||
24 | saved electronically, and submitted to the Agency | ||||||
25 | electronically with digital signatures. | ||||||
26 | (3) Within 2 years after July 12, 2011 (the effective |
| |||||||
| |||||||
1 | date of Public Act 97-95), an online tracking system where | ||||||
2 | an applicant may review the status of its pending | ||||||
3 | application, including the name and contact information of | ||||||
4 | the permit analyst assigned to the application. Until the | ||||||
5 | online tracking system has been developed, the Agency | ||||||
6 | shall post on its website semi-annual permitting | ||||||
7 | efficiency tracking reports that include statistics on the | ||||||
8 | timeframes for Agency action on the following types of | ||||||
9 | permits received after July 12, 2011 (the effective date | ||||||
10 | of Public Act 97-95): air construction permits, new NPDES | ||||||
11 | permits and associated water construction permits, and | ||||||
12 | modifications of major NPDES permits and associated water | ||||||
13 | construction permits. The reports must be posted by | ||||||
14 | February 1 and August 1 each year and shall include: | ||||||
15 | (A) the number of applications received for each | ||||||
16 | type of permit, the number of applications on which | ||||||
17 | the Agency has taken action, and the number of | ||||||
18 | applications still pending; and | ||||||
19 | (B) for those applications where the Agency has | ||||||
20 | not taken action in accordance with the timeframes set | ||||||
21 | forth in this Act, the date the application was | ||||||
22 | received and the reasons for any delays, which may | ||||||
23 | include, but shall not be limited to, (i) the | ||||||
24 | application being inadequate or incomplete, (ii) | ||||||
25 | scientific or technical disagreements with the | ||||||
26 | applicant, USEPA, or other local, state, or federal |
| |||||||
| |||||||
1 | agencies involved in the permitting approval process, | ||||||
2 | (iii) public opposition to the permit, or (iv) Agency | ||||||
3 | staffing shortages. To the extent practicable, the | ||||||
4 | tracking report shall provide approximate dates when | ||||||
5 | cause for delay was identified by the Agency, when the | ||||||
6 | Agency informed the applicant of the problem leading | ||||||
7 | to the delay, and when the applicant remedied the | ||||||
8 | reason for the delay. | ||||||
9 | (r) Upon the request of the applicant, the Agency shall | ||||||
10 | notify the applicant of the permit analyst assigned to the | ||||||
11 | application upon its receipt. | ||||||
12 | (s) The Agency is authorized to prepare and distribute | ||||||
13 | guidance documents relating to its administration of this | ||||||
14 | Section and procedural rules implementing this Section. | ||||||
15 | Guidance documents prepared under this subsection shall not be | ||||||
16 | considered rules and shall not be subject to the Illinois | ||||||
17 | Administrative Procedure Act. Such guidance shall not be | ||||||
18 | binding on any party. | ||||||
19 | (t) Except as otherwise prohibited by federal law or | ||||||
20 | regulation, any person submitting an application for a permit | ||||||
21 | may include with the application suggested permit language for | ||||||
22 | Agency consideration. The Agency is not obligated to use the | ||||||
23 | suggested language or any portion thereof in its permitting | ||||||
24 | decision. If requested by the permit applicant, the Agency | ||||||
25 | shall meet with the applicant to discuss the suggested | ||||||
26 | language. |
| |||||||
| |||||||
1 | (u) If requested by the permit applicant, the Agency shall | ||||||
2 | provide the permit applicant with a copy of the draft permit | ||||||
3 | prior to any public review period. | ||||||
4 | (v) If requested by the permit applicant, the Agency shall | ||||||
5 | provide the permit applicant with a copy of the final permit | ||||||
6 | prior to its issuance. | ||||||
7 | (w) An air pollution permit shall not be required due to | ||||||
8 | emissions of greenhouse gases, as specified by Section 9.15 of | ||||||
9 | this Act. | ||||||
10 | (x) If, before the expiration of a State operating permit | ||||||
11 | that is issued pursuant to subsection (a) of this Section and | ||||||
12 | contains federally enforceable conditions limiting the | ||||||
13 | potential to emit of the source to a level below the major | ||||||
14 | source threshold for that source so as to exclude the source | ||||||
15 | from the Clean Air Act Permit Program, the Agency receives a | ||||||
16 | complete application for the renewal of that permit, then all | ||||||
17 | of the terms and conditions of the permit shall remain in | ||||||
18 | effect until final administrative action has been taken on the | ||||||
19 | application for the renewal of the permit. | ||||||
20 | (y) The Agency may issue permits exclusively under this | ||||||
21 | subsection to persons owning or operating a CCR surface | ||||||
22 | impoundment subject to Section 22.59. | ||||||
23 | (z) If a mass animal mortality event is declared by the | ||||||
24 | Department of Agriculture in accordance with the Animal | ||||||
25 | Mortality Act: | ||||||
26 | (1) the owner or operator responsible for the disposal |
| |||||||
| |||||||
1 | of dead animals is exempted from the following: | ||||||
2 | (i) obtaining a permit for the construction, | ||||||
3 | installation, or operation of any type of facility or | ||||||
4 | equipment issued in accordance with subsection (a) of | ||||||
5 | this Section; | ||||||
6 | (ii) obtaining a permit for open burning in | ||||||
7 | accordance with the rules adopted by the Board; and | ||||||
8 | (iii) registering the disposal of dead animals as | ||||||
9 | an eligible small source with the Agency in accordance | ||||||
10 | with Section 9.14 of this Act; | ||||||
11 | (2) as applicable, the owner or operator responsible | ||||||
12 | for the disposal of dead animals is required to obtain the | ||||||
13 | following permits: | ||||||
14 | (i) an NPDES permit in accordance with subsection | ||||||
15 | (b) of this Section; | ||||||
16 | (ii) a PSD permit or an NA NSR permit in accordance | ||||||
17 | with Section 9.1 of this Act; | ||||||
18 | (iii) a lifetime State operating permit or a | ||||||
19 | federally enforceable State operating permit, in | ||||||
20 | accordance with subsection (a) of this Section; or | ||||||
21 | (iv) a CAAPP permit, in accordance with Section | ||||||
22 | 39.5 of this Act. | ||||||
23 | All CCR surface impoundment permits shall contain those | ||||||
24 | terms and conditions, including, but not limited to, schedules | ||||||
25 | of compliance, which may be required to accomplish the | ||||||
26 | purposes and provisions of this Act, Board regulations, the |
| |||||||
| |||||||
1 | Illinois Groundwater Protection Act and regulations pursuant | ||||||
2 | thereto, and the Resource Conservation and Recovery Act and | ||||||
3 | regulations pursuant thereto, and may include schedules for | ||||||
4 | achieving compliance therewith as soon as possible. | ||||||
5 | The Board shall adopt filing requirements and procedures | ||||||
6 | that are necessary and appropriate for the issuance of CCR | ||||||
7 | surface impoundment permits and that are consistent with this | ||||||
8 | Act or regulations adopted by the Board, and with the RCRA, as | ||||||
9 | amended, and regulations pursuant thereto. | ||||||
10 | The applicant shall make available to the public for | ||||||
11 | inspection all documents submitted by the applicant to the | ||||||
12 | Agency in furtherance of an application, with the exception of | ||||||
13 | trade secrets, on its public internet website as well as at the | ||||||
14 | office of the county board or governing body of the | ||||||
15 | municipality where CCR from the CCR surface impoundment will | ||||||
16 | be permanently disposed. Such documents may be copied upon | ||||||
17 | payment of the actual cost of reproduction during regular | ||||||
18 | business hours of the local office. | ||||||
19 | The Agency shall issue a written statement concurrent with | ||||||
20 | its grant or denial of the permit explaining the basis for its | ||||||
21 | decision. | ||||||
22 | (Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22; | ||||||
23 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
24 | (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
| ||||||
25 | Sec. 40. Appeal of permit denial.
|
| |||||||
| |||||||
1 | (a)(1) If the Agency refuses to grant or grants with | ||||||
2 | conditions a permit
under Section 39 of this Act, the | ||||||
3 | applicant may, within 35 days after the
date on which the | ||||||
4 | Agency served its decision on the applicant, petition for
a | ||||||
5 | hearing before the Board to contest the decision of the | ||||||
6 | Agency. However,
the 35-day period for petitioning for a | ||||||
7 | hearing may be extended for an
additional period of time not to | ||||||
8 | exceed 90 days by written notice
provided to the Board from the | ||||||
9 | applicant and the Agency within the initial
appeal period. The | ||||||
10 | Board shall give 21 days' notice to any person in the
county | ||||||
11 | where is located the facility in issue who has requested | ||||||
12 | notice of
enforcement proceedings and to each member of the | ||||||
13 | General Assembly in whose
legislative district that | ||||||
14 | installation or property is located; and shall
publish that | ||||||
15 | 21-day notice in a newspaper of general circulation in that
| ||||||
16 | county. The Agency shall appear as respondent in such hearing. | ||||||
17 | At such
hearing the rules prescribed in Section 32 and | ||||||
18 | subsection (a) of Section 33 of
this Act shall apply, and the | ||||||
19 | burden of proof shall be on the petitioner. If,
however, the | ||||||
20 | Agency issues an NPDES permit that imposes limits which are | ||||||
21 | based
upon a criterion or denies a permit based upon | ||||||
22 | application of a criterion,
then the Agency shall have the | ||||||
23 | burden of going forward with the basis for
the derivation of | ||||||
24 | those limits or criterion which were derived under the
Board's | ||||||
25 | rules.
| ||||||
26 | (2) Except as provided in paragraph (a)(3), if there is no |
| |||||||
| |||||||
1 | final action by
the Board within 120 days after the date on | ||||||
2 | which it received the petition,
the petitioner may deem the | ||||||
3 | permit issued under this Act, provided,
however, that that | ||||||
4 | period of 120 days shall not run for any period of time,
not to | ||||||
5 | exceed 30 days, during which the Board is without sufficient | ||||||
6 | membership
to constitute the quorum required by subsection (a) | ||||||
7 | of Section 5 of this Act,
and provided further that such 120 | ||||||
8 | day period shall not be stayed for lack of
quorum beyond 30 | ||||||
9 | days regardless of whether the lack of quorum exists at the
| ||||||
10 | beginning of such 120-day period or occurs during the running | ||||||
11 | of such 120-day
period.
| ||||||
12 | (3) Paragraph (a)(2) shall not apply to any permit which | ||||||
13 | is subject
to subsection (b), (d) or (e) of Section 39. If | ||||||
14 | there is no final action by
the Board within 120 days after the | ||||||
15 | date on which it received the petition,
the petitioner shall | ||||||
16 | be entitled to an Appellate Court order pursuant to
subsection | ||||||
17 | (d) of Section 41 of this Act.
| ||||||
18 | (b) If the Agency grants a RCRA permit for a hazardous | ||||||
19 | waste disposal site,
a third party, other than the permit | ||||||
20 | applicant or Agency, may, within 35
days after the date on | ||||||
21 | which the Agency issued its decision, petition the
Board for a | ||||||
22 | hearing to contest the issuance of the permit.
Unless the | ||||||
23 | Board determines that such petition is duplicative or | ||||||
24 | frivolous, or that the petitioner is so located as to
not be | ||||||
25 | affected by the permitted facility, the Board shall hear the
| ||||||
26 | petition in accordance with the terms of subsection (a) of |
| |||||||
| |||||||
1 | this Section
and its procedural rules governing denial | ||||||
2 | appeals, such hearing to be
based exclusively on the record | ||||||
3 | before the Agency. The burden of proof
shall be on the | ||||||
4 | petitioner. The Agency and the permit applicant shall
be named | ||||||
5 | co-respondents.
| ||||||
6 | The provisions of this subsection do not apply to the | ||||||
7 | granting of permits
issued for the disposal or utilization of | ||||||
8 | sludge from publicly owned sewage
works.
| ||||||
9 | (c) Any party to an Agency proceeding conducted pursuant | ||||||
10 | to Section
39.3 of this Act may petition as of right to the | ||||||
11 | Board for review of the
Agency's decision within 35 days from | ||||||
12 | the date of issuance of the Agency's
decision, provided that | ||||||
13 | such appeal is not duplicative
or frivolous.
However, the | ||||||
14 | 35-day period for petitioning for a hearing may be extended
by | ||||||
15 | the applicant for a period of time not to exceed 90 days by | ||||||
16 | written notice
provided to the Board from the applicant and | ||||||
17 | the Agency within the initial
appeal period. If another person | ||||||
18 | with standing to appeal wishes to obtain
an extension, there | ||||||
19 | must be a written notice provided to the Board by that
person, | ||||||
20 | the Agency, and the applicant, within the initial appeal | ||||||
21 | period.
The decision of the Board shall be based exclusively | ||||||
22 | on the record compiled
in the Agency proceeding. In other | ||||||
23 | respects the Board's review shall be
conducted in accordance | ||||||
24 | with subsection (a) of this Section and the Board's
procedural | ||||||
25 | rules governing permit denial appeals.
| ||||||
26 | (d) In reviewing the denial or any condition of a NA NSR |
| |||||||
| |||||||
1 | permit issued by the
Agency pursuant to rules and regulations | ||||||
2 | adopted under subsection (c)
of Section 9.1 of this Act, the | ||||||
3 | decision of the Board
shall be based exclusively on the record | ||||||
4 | before the Agency including the
record of the hearing, if any, | ||||||
5 | unless the parties agree to supplement the record. The Board | ||||||
6 | shall, if
it finds the Agency is in error, make a final | ||||||
7 | determination as to the
substantive limitations of the permit | ||||||
8 | including a final determination of
Lowest Achievable Emission | ||||||
9 | Rate.
| ||||||
10 | (e)(1) If the Agency grants or denies a permit under | ||||||
11 | subsection (b) of
Section 39 of this Act, a third party, other | ||||||
12 | than the permit applicant or
Agency, may petition the Board | ||||||
13 | within 35 days from the date of issuance of
the Agency's | ||||||
14 | decision, for a hearing to contest the decision of the Agency.
| ||||||
15 | (2) A petitioner shall include the following within a | ||||||
16 | petition submitted
under subdivision (1) of this subsection:
| ||||||
17 | (A) a demonstration that the petitioner raised the | ||||||
18 | issues contained
within the petition during the public | ||||||
19 | notice period or during the public
hearing on the NPDES | ||||||
20 | permit application, if a public hearing was held; and
| ||||||
21 | (B) a demonstration that the petitioner is so situated | ||||||
22 | as to be
affected by the permitted facility.
| ||||||
23 | (3) If the Board determines that the petition is not | ||||||
24 | duplicative or frivolous and contains a satisfactory | ||||||
25 | demonstration under
subdivision (2) of this subsection, the | ||||||
26 | Board shall hear the petition (i) in
accordance with the terms |
| |||||||
| |||||||
1 | of subsection (a) of this Section and its procedural
rules | ||||||
2 | governing permit denial appeals and (ii) exclusively on the | ||||||
3 | basis of the
record before the Agency. The burden of proof | ||||||
4 | shall be on the petitioner.
The Agency and permit applicant | ||||||
5 | shall be named co-respondents.
| ||||||
6 | (f) Any person who files a petition to contest the | ||||||
7 | issuance of a
permit by the Agency shall pay a filing fee.
| ||||||
8 | (g) If the Agency grants or denies a permit under | ||||||
9 | subsection (y) of Section 39, a third party, other than the | ||||||
10 | permit applicant or Agency, may appeal the Agency's decision | ||||||
11 | as provided under federal law for CCR surface impoundment | ||||||
12 | permits. | ||||||
13 | (h) If the Agency grants or denies a permit for the capture | ||||||
14 | of carbon dioxide under Section 9.20 or a permit for | ||||||
15 | sequestration of carbon dioxide under Section 22.63, | ||||||
16 | including, but not limited to, the disapproval of financial | ||||||
17 | assurance under subsection (f) of Section 22.63, any person | ||||||
18 | may petition the Board, within 35 days after the date of | ||||||
19 | issuance of the Agency's decision, for a hearing to contest | ||||||
20 | the grant or denial. | ||||||
21 | (Source: P.A. 101-171, eff. 7-30-19; 102-558, eff. 8-20-21.)
| ||||||
22 | Section 97. Severability. The provisions of this Act are | ||||||
23 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
24 | Section 99. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law.".
|