Bill Text: IL SB0009 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Creates the Coal Ash Cleanup and Storage Act. Provides a short title only.

Spectrum: Strong Partisan Bill (Democrat 43-3)

Status: (Enrolled) 2019-06-05 - Sent to the Governor [SB0009 Detail]

Download: Illinois-2019-SB0009-Enrolled.html



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1 AN ACT concerning coal ash.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended by
5changing Sections 3.140, 21, 39, and 40 and by adding Sections
63.142, 3.143, and 22.59 as follows:
7 (415 ILCS 5/3.140) (was 415 ILCS 5/3.76)
8 Sec. 3.140. Coal combustion waste. "Coal combustion waste"
9means any CCR or any fly ash, bottom ash, slag, or flue gas or
10fluid bed boiler desulfurization by-products generated as a
11result of the combustion of:
12 (1) coal, or
13 (2) coal in combination with: (i) fuel grade petroleum
14coke, (ii) other fossil fuel, or (iii) both fuel grade
15petroleum coke and other fossil fuel, or
16 (3) coal (with or without: (i) fuel grade petroleum coke,
17(ii) other fossil fuel, or (iii) both fuel grade petroleum coke
18and other fossil fuel) in combination with no more than 20% of
19tire derived fuel or wood or other materials by weight of the
20materials combusted; provided that the coal is burned with
21other materials, the Agency has made a written determination
22that the storage or disposal of the resultant wastes in
23accordance with the provisions of item (r) of Section 21 would

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1result in no environmental impact greater than that of wastes
2generated as a result of the combustion of coal alone, and the
3storage disposal of the resultant wastes would not violate
4applicable federal law.
5(Source: P.A. 92-574, eff. 6-26-02.)
6 (415 ILCS 5/3.142 new)
7 Sec. 3.142. Coal combustion residual; CCR. "Coal
8combustion residual" or "CCR" means fly ash, bottom ash, boiler
9slag, and flue gas desulfurization materials generated from
10burning coal for the purpose of generating electricity by
11electric utilities and independent power producers.
12 (415 ILCS 5/3.143 new)
13 Sec. 3.143. CCR surface impoundment. "CCR surface
14impoundment" means a natural topographic depression, man-made
15excavation, or diked area, which is designed to hold an
16accumulation of CCR and liquids, and the unit treats, stores,
17or disposes of CCR.
18 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
19 Sec. 21. Prohibited acts. No person shall:
20 (a) Cause or allow the open dumping of any waste.
21 (b) Abandon, dump, or deposit any waste upon the public
22highways or other public property, except in a sanitary
23landfill approved by the Agency pursuant to regulations adopted

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1by the Board.
2 (c) Abandon any vehicle in violation of the "Abandoned
3Vehicles Amendment to the Illinois Vehicle Code", as enacted by
4the 76th General Assembly.
5 (d) Conduct any waste-storage, waste-treatment, or
6waste-disposal operation:
7 (1) without a permit granted by the Agency or in
8 violation of any conditions imposed by such permit,
9 including periodic reports and full access to adequate
10 records and the inspection of facilities, as may be
11 necessary to assure compliance with this Act and with
12 regulations and standards adopted thereunder; provided,
13 however, that, except for municipal solid waste landfill
14 units that receive waste on or after October 9, 1993, and
15 CCR surface impoundments, no permit shall be required for
16 (i) any person conducting a waste-storage,
17 waste-treatment, or waste-disposal operation for wastes
18 generated by such person's own activities which are stored,
19 treated, or disposed within the site where such wastes are
20 generated, or (ii) a facility located in a county with a
21 population over 700,000 as of January 1, 2000, operated and
22 located in accordance with Section 22.38 of this Act, and
23 used exclusively for the transfer, storage, or treatment of
24 general construction or demolition debris, provided that
25 the facility was receiving construction or demolition
26 debris on the effective date of this amendatory Act of the

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1 96th General Assembly;
2 (2) in violation of any regulations or standards
3 adopted by the Board under this Act; or
4 (3) which receives waste after August 31, 1988, does
5 not have a permit issued by the Agency, and is (i) a
6 landfill used exclusively for the disposal of waste
7 generated at the site, (ii) a surface impoundment receiving
8 special waste not listed in an NPDES permit, (iii) a waste
9 pile in which the total volume of waste is greater than 100
10 cubic yards or the waste is stored for over one year, or
11 (iv) a land treatment facility receiving special waste
12 generated at the site; without giving notice of the
13 operation to the Agency by January 1, 1989, or 30 days
14 after the date on which the operation commences, whichever
15 is later, and every 3 years thereafter. The form for such
16 notification shall be specified by the Agency, and shall be
17 limited to information regarding: the name and address of
18 the location of the operation; the type of operation; the
19 types and amounts of waste stored, treated or disposed of
20 on an annual basis; the remaining capacity of the
21 operation; and the remaining expected life of the
22 operation.
23 Item (3) of this subsection (d) shall not apply to any
24person engaged in agricultural activity who is disposing of a
25substance that constitutes solid waste, if the substance was
26acquired for use by that person on his own property, and the

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1substance is disposed of on his own property in accordance with
2regulations or standards adopted by the Board.
3 This subsection (d) shall not apply to hazardous waste.
4 (e) Dispose, treat, store or abandon any waste, or
5transport any waste into this State for disposal, treatment,
6storage or abandonment, except at a site or facility which
7meets the requirements of this Act and of regulations and
8standards thereunder.
9 (f) Conduct any hazardous waste-storage, hazardous
10waste-treatment or hazardous waste-disposal operation:
11 (1) without a RCRA permit for the site issued by the
12 Agency under subsection (d) of Section 39 of this Act, or
13 in violation of any condition imposed by such permit,
14 including periodic reports and full access to adequate
15 records and the inspection of facilities, as may be
16 necessary to assure compliance with this Act and with
17 regulations and standards adopted thereunder; or
18 (2) in violation of any regulations or standards
19 adopted by the Board under this Act; or
20 (3) in violation of any RCRA permit filing requirement
21 established under standards adopted by the Board under this
22 Act; or
23 (4) in violation of any order adopted by the Board
24 under this Act.
25 Notwithstanding the above, no RCRA permit shall be required
26under this subsection or subsection (d) of Section 39 of this

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1Act for any person engaged in agricultural activity who is
2disposing of a substance which has been identified as a
3hazardous waste, and which has been designated by Board
4regulations as being subject to this exception, if the
5substance was acquired for use by that person on his own
6property and the substance is disposed of on his own property
7in accordance with regulations or standards adopted by the
8Board.
9 (g) Conduct any hazardous waste-transportation operation:
10 (1) without registering with and obtaining a special
11 waste hauling permit from the Agency in accordance with the
12 regulations adopted by the Board under this Act; or
13 (2) in violation of any regulations or standards
14 adopted by the Board under this Act.
15 (h) Conduct any hazardous waste-recycling or hazardous
16waste-reclamation or hazardous waste-reuse operation in
17violation of any regulations, standards or permit requirements
18adopted by the Board under this Act.
19 (i) Conduct any process or engage in any act which produces
20hazardous waste in violation of any regulations or standards
21adopted by the Board under subsections (a) and (c) of Section
2222.4 of this Act.
23 (j) Conduct any special waste transportation operation in
24violation of any regulations, standards or permit requirements
25adopted by the Board under this Act. However, sludge from a
26water or sewage treatment plant owned and operated by a unit of

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1local government which (1) is subject to a sludge management
2plan approved by the Agency or a permit granted by the Agency,
3and (2) has been tested and determined not to be a hazardous
4waste as required by applicable State and federal laws and
5regulations, may be transported in this State without a special
6waste hauling permit, and the preparation and carrying of a
7manifest shall not be required for such sludge under the rules
8of the Pollution Control Board. The unit of local government
9which operates the treatment plant producing such sludge shall
10file an annual report with the Agency identifying the volume of
11such sludge transported during the reporting period, the hauler
12of the sludge, and the disposal sites to which it was
13transported. This subsection (j) shall not apply to hazardous
14waste.
15 (k) Fail or refuse to pay any fee imposed under this Act.
16 (l) Locate a hazardous waste disposal site above an active
17or inactive shaft or tunneled mine or within 2 miles of an
18active fault in the earth's crust. In counties of population
19less than 225,000 no hazardous waste disposal site shall be
20located (1) within 1 1/2 miles of the corporate limits as
21defined on June 30, 1978, of any municipality without the
22approval of the governing body of the municipality in an
23official action; or (2) within 1000 feet of an existing private
24well or the existing source of a public water supply measured
25from the boundary of the actual active permitted site and
26excluding existing private wells on the property of the permit

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1applicant. The provisions of this subsection do not apply to
2publicly-owned sewage works or the disposal or utilization of
3sludge from publicly-owned sewage works.
4 (m) Transfer interest in any land which has been used as a
5hazardous waste disposal site without written notification to
6the Agency of the transfer and to the transferee of the
7conditions imposed by the Agency upon its use under subsection
8(g) of Section 39.
9 (n) Use any land which has been used as a hazardous waste
10disposal site except in compliance with conditions imposed by
11the Agency under subsection (g) of Section 39.
12 (o) Conduct a sanitary landfill operation which is required
13to have a permit under subsection (d) of this Section, in a
14manner which results in any of the following conditions:
15 (1) refuse in standing or flowing waters;
16 (2) leachate flows entering waters of the State;
17 (3) leachate flows exiting the landfill confines (as
18 determined by the boundaries established for the landfill
19 by a permit issued by the Agency);
20 (4) open burning of refuse in violation of Section 9 of
21 this Act;
22 (5) uncovered refuse remaining from any previous
23 operating day or at the conclusion of any operating day,
24 unless authorized by permit;
25 (6) failure to provide final cover within time limits
26 established by Board regulations;

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1 (7) acceptance of wastes without necessary permits;
2 (8) scavenging as defined by Board regulations;
3 (9) deposition of refuse in any unpermitted portion of
4 the landfill;
5 (10) acceptance of a special waste without a required
6 manifest;
7 (11) failure to submit reports required by permits or
8 Board regulations;
9 (12) failure to collect and contain litter from the
10 site by the end of each operating day;
11 (13) failure to submit any cost estimate for the site
12 or any performance bond or other security for the site as
13 required by this Act or Board rules.
14 The prohibitions specified in this subsection (o) shall be
15enforceable by the Agency either by administrative citation
16under Section 31.1 of this Act or as otherwise provided by this
17Act. The specific prohibitions in this subsection do not limit
18the power of the Board to establish regulations or standards
19applicable to sanitary landfills.
20 (p) In violation of subdivision (a) of this Section, cause
21or allow the open dumping of any waste in a manner which
22results in any of the following occurrences at the dump site:
23 (1) litter;
24 (2) scavenging;
25 (3) open burning;
26 (4) deposition of waste in standing or flowing waters;

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1 (5) proliferation of disease vectors;
2 (6) standing or flowing liquid discharge from the dump
3 site;
4 (7) deposition of:
5 (i) general construction or demolition debris as
6 defined in Section 3.160(a) of this Act; or
7 (ii) clean construction or demolition debris as
8 defined in Section 3.160(b) of this Act.
9 The prohibitions specified in this subsection (p) shall be
10enforceable by the Agency either by administrative citation
11under Section 31.1 of this Act or as otherwise provided by this
12Act. The specific prohibitions in this subsection do not limit
13the power of the Board to establish regulations or standards
14applicable to open dumping.
15 (q) Conduct a landscape waste composting operation without
16an Agency permit, provided, however, that no permit shall be
17required for any person:
18 (1) conducting a landscape waste composting operation
19 for landscape wastes generated by such person's own
20 activities which are stored, treated, or disposed of within
21 the site where such wastes are generated; or
22 (1.5) conducting a landscape waste composting
23 operation that (i) has no more than 25 cubic yards of
24 landscape waste, composting additives, composting
25 material, or end-product compost on-site at any one time
26 and (ii) is not engaging in commercial activity; or

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1 (2) applying landscape waste or composted landscape
2 waste at agronomic rates; or
3 (2.5) operating a landscape waste composting facility
4 at a site having 10 or more occupied non-farm residences
5 within 1/2 mile of its boundaries, if the facility meets
6 all of the following 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 site's total acreage;
11 (A-5) any composting additives that the composting
12 facility accepts and uses at the facility are necessary
13 to provide proper conditions for composting and do not
14 exceed 10% of the total composting material at the
15 facility at any one time;
16 (B) the property on which the composting facility
17 is located, and any associated property on which the
18 compost is used, is principally and diligently devoted
19 to the production of agricultural crops and is not
20 owned, leased, or otherwise controlled by any waste
21 hauler or generator of nonagricultural compost
22 materials, and the operator of the composting facility
23 is not an employee, partner, shareholder, or in any way
24 connected with or controlled by any such waste hauler
25 or generator;
26 (C) all compost generated by the composting

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1 facility is applied at agronomic rates and used as
2 mulch, fertilizer, or soil conditioner on land
3 actually farmed by the person operating the composting
4 facility, and the finished compost is not stored at the
5 composting site for a period longer than 18 months
6 prior to its application as mulch, fertilizer, or soil
7 conditioner;
8 (D) no fee is charged for the acceptance of
9 materials to be composted at the facility; and
10 (E) the owner or operator, by January 1, 2014 (or
11 the January 1 following commencement of operation,
12 whichever is later) and January 1 of each year
13 thereafter, registers the site with the Agency, (ii)
14 reports to the Agency on the volume of composting
15 material received and used at the site; (iii) certifies
16 to the Agency that the site complies with the
17 requirements set forth in subparagraphs (A), (A-5),
18 (B), (C), and (D) of this paragraph (2.5); and (iv)
19 certifies to the Agency that all composting material
20 was placed more than 200 feet from the nearest potable
21 water supply well, was placed outside the boundary of
22 the 10-year floodplain or on a part of the site that is
23 floodproofed, was placed at least 1/4 mile from the
24 nearest residence (other than a residence located on
25 the same property as the facility) or a lesser distance
26 from the nearest residence (other than a residence

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1 located on the same property as the facility) if the
2 municipality in which the facility is located has by
3 ordinance approved a lesser distance than 1/4 mile, and
4 was placed more than 5 feet above the water table; any
5 ordinance approving a residential setback of less than
6 1/4 mile that is used to meet the requirements of this
7 subparagraph (E) of paragraph (2.5) of this subsection
8 must specifically reference this paragraph; or
9 (3) operating a landscape waste composting facility on
10 a farm, if the facility meets all of the following
11 criteria:
12 (A) the composting facility is operated by the
13 farmer on property on which the composting material is
14 utilized, and the composting facility constitutes no
15 more than 2% of the property's total acreage, except
16 that the Board may allow a higher percentage for
17 individual sites where the owner or operator has
18 demonstrated to the Board that the site's soil
19 characteristics or crop needs require a higher rate;
20 (A-1) the composting facility accepts from other
21 agricultural operations for composting with landscape
22 waste no materials other than uncontaminated and
23 source-separated (i) crop residue and other
24 agricultural plant residue generated from the
25 production and harvesting of crops and other customary
26 farm practices, including, but not limited to, stalks,

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1 leaves, seed pods, husks, bagasse, and roots and (ii)
2 plant-derived animal bedding, such as straw or
3 sawdust, that is free of manure and was not made from
4 painted or treated wood;
5 (A-2) any composting additives that the composting
6 facility accepts and uses at the facility are necessary
7 to provide proper conditions for composting and do not
8 exceed 10% of the total composting material at the
9 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 way
18 connected with or controlled by any such waste hauler
19 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 actually
23 farmed by the person operating the composting
24 facility, and the finished compost is not stored at the
25 composting site for a period longer than 18 months
26 prior to its application as mulch, fertilizer, or soil

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1 conditioner;
2 (D) the owner or operator, by January 1 of each
3 year, (i) registers the site with the Agency, (ii)
4 reports to the Agency on the volume of composting
5 material received and used at the site, (iii) certifies
6 to the Agency that the site complies with the
7 requirements set forth in subparagraphs (A), (A-1),
8 (A-2), (B), and (C) of this paragraph (q)(3), and (iv)
9 certifies to the Agency that all composting material:
10 (I) was placed more than 200 feet from the
11 nearest potable water supply well;
12 (II) was placed outside the boundary of the
13 10-year floodplain or on a part of the site that is
14 floodproofed;
15 (III) was placed either (aa) at least 1/4 mile
16 from the nearest residence (other than a residence
17 located on the same property as the facility) and
18 there are not more than 10 occupied non-farm
19 residences within 1/2 mile of the boundaries of the
20 site on the date of application or (bb) a lesser
21 distance from the nearest residence (other than a
22 residence located on the same property as the
23 facility) provided that the municipality or county
24 in which the facility is located has by ordinance
25 approved a lesser distance than 1/4 mile and there
26 are not more than 10 occupied non-farm residences

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1 within 1/2 mile of the boundaries of the site on
2 the date of application; and
3 (IV) was placed more than 5 feet above the
4 water table.
5 Any ordinance approving a residential setback of
6 less than 1/4 mile that is used to meet the
7 requirements of this subparagraph (D) must
8 specifically reference this subparagraph.
9 For the purposes of this subsection (q), "agronomic rates"
10means the application of not more than 20 tons per acre per
11year, except that the Board may allow a higher rate for
12individual sites where the owner or operator has demonstrated
13to the Board that the site's soil characteristics or crop needs
14require a higher rate.
15 (r) Cause or allow the storage or disposal of coal
16combustion waste unless:
17 (1) such waste is stored or disposed of at a site or
18 facility for which a permit has been obtained or is not
19 otherwise required under subsection (d) of this Section; or
20 (2) such waste is stored or disposed of as a part of
21 the design and reclamation of a site or facility which is
22 an abandoned mine site in accordance with the Abandoned
23 Mined Lands and Water Reclamation Act; or
24 (3) such waste is stored or disposed of at a site or
25 facility which is operating under NPDES and Subtitle D
26 permits issued by the Agency pursuant to regulations

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1 adopted by the Board for mine-related water pollution and
2 permits issued pursuant to the Federal Surface Mining
3 Control and Reclamation Act of 1977 (P.L. 95-87) or the
4 rules and regulations thereunder or any law or rule or
5 regulation adopted by the State of Illinois pursuant
6 thereto, and the owner or operator of the facility agrees
7 to accept the waste; and either
8 (i) such waste is stored or disposed of in
9 accordance with requirements applicable to refuse
10 disposal under regulations adopted by the Board for
11 mine-related water pollution and pursuant to NPDES and
12 Subtitle D permits issued by the Agency under such
13 regulations; or
14 (ii) the owner or operator of the facility
15 demonstrates all of the following to the Agency, and
16 the facility is operated in accordance with the
17 demonstration as approved by the Agency: (1) the
18 disposal area will be covered in a manner that will
19 support continuous vegetation, (2) the facility will
20 be adequately protected from wind and water erosion,
21 (3) the pH will be maintained so as to prevent
22 excessive leaching of metal ions, and (4) adequate
23 containment or other measures will be provided to
24 protect surface water and groundwater from
25 contamination at levels prohibited by this Act, the
26 Illinois Groundwater Protection Act, or regulations

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1 adopted pursuant thereto.
2 Notwithstanding any other provision of this Title, the
3disposal of coal combustion waste pursuant to item (2) or (3)
4of this subdivision (r) shall be exempt from the other
5provisions of this Title V, and notwithstanding the provisions
6of Title X of this Act, the Agency is authorized to grant
7experimental permits which include provision for the disposal
8of wastes from the combustion of coal and other materials
9pursuant to items (2) and (3) of this subdivision (r).
10 (s) After April 1, 1989, offer for transportation,
11transport, deliver, receive or accept special waste for which a
12manifest is required, unless the manifest indicates that the
13fee required under Section 22.8 of this Act has been paid.
14 (t) Cause or allow a lateral expansion of a municipal solid
15waste landfill unit on or after October 9, 1993, without a
16permit modification, granted by the Agency, that authorizes the
17lateral expansion.
18 (u) Conduct any vegetable by-product treatment, storage,
19disposal or transportation operation in violation of any
20regulation, standards or permit requirements adopted by the
21Board under this Act. However, no permit shall be required
22under this Title V for the land application of vegetable
23by-products conducted pursuant to Agency permit issued under
24Title III of this Act to the generator of the vegetable
25by-products. In addition, vegetable by-products may be
26transported in this State without a special waste hauling

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1permit, and without the preparation and carrying of a manifest.
2 (v) (Blank).
3 (w) Conduct any generation, transportation, or recycling
4of construction or demolition debris, clean or general, or
5uncontaminated soil generated during construction, remodeling,
6repair, and demolition of utilities, structures, and roads that
7is not commingled with any waste, without the maintenance of
8documentation identifying the hauler, generator, place of
9origin of the debris or soil, the weight or volume of the
10debris or soil, and the location, owner, and operator of the
11facility where the debris or soil was transferred, disposed,
12recycled, or treated. This documentation must be maintained by
13the generator, transporter, or recycler for 3 years. This
14subsection (w) shall not apply to (1) a permitted pollution
15control facility that transfers or accepts construction or
16demolition debris, clean or general, or uncontaminated soil for
17final disposal, recycling, or treatment, (2) a public utility
18(as that term is defined in the Public Utilities Act) or a
19municipal utility, (3) the Illinois Department of
20Transportation, or (4) a municipality or a county highway
21department, with the exception of any municipality or county
22highway department located within a county having a population
23of over 3,000,000 inhabitants or located in a county that is
24contiguous to a county having a population of over 3,000,000
25inhabitants; but it shall apply to an entity that contracts
26with a public utility, a municipal utility, the Illinois

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1Department of Transportation, or a municipality or a county
2highway department. The terms "generation" and "recycling" as
3used in this subsection do not apply to clean construction or
4demolition debris when (i) used as fill material below grade
5outside of a setback zone if covered by sufficient
6uncontaminated soil to support vegetation within 30 days of the
7completion of filling or if covered by a road or structure,
8(ii) solely broken concrete without protruding metal bars is
9used for erosion control, or (iii) milled asphalt or crushed
10concrete is used as aggregate in construction of the shoulder
11of a roadway. The terms "generation" and "recycling", as used
12in this subsection, do not apply to uncontaminated soil that is
13not commingled with any waste when (i) used as fill material
14below grade or contoured to grade, or (ii) used at the site of
15generation.
16(Source: P.A. 100-103, eff. 8-11-17.)
17 (415 ILCS 5/22.59 new)
18 Sec. 22.59. CCR surface impoundments.
19 (a) The General Assembly finds that:
20 (1) the State of Illinois has a long-standing policy to
21 restore, protect, and enhance the environment, including
22 the purity of the air, land, and waters, including
23 groundwaters, of this State;
24 (2) a clean environment is essential to the growth and
25 well-being of this State;

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1 (3) CCR generated by the electric generating industry
2 has caused groundwater contamination and other forms of
3 pollution at active and inactive plants throughout this
4 State;
5 (4) environmental laws should be supplemented to
6 ensure consistent, responsible regulation of all existing
7 CCR surface impoundments; and
8 (5) meaningful participation of State residents,
9 especially vulnerable populations who may be affected by
10 regulatory actions, is critical to ensure that
11 environmental justice considerations are incorporated in
12 the development of, decision-making related to, and
13 implementation of environmental laws and rulemaking that
14 protects and improves the well-being of communities in this
15 State that bear disproportionate burdens imposed by
16 environmental pollution.
17 Therefore, the purpose of this Section is to promote a
18healthful environment, including clean water, air, and land,
19meaningful public involvement, and the responsible disposal
20and storage of coal combustion residuals, so as to protect
21public health and to prevent pollution of the environment of
22this State.
23 The provisions of this Section shall be liberally construed
24to carry out the purposes of this Section.
25 (b) No person shall:
26 (1) cause or allow the discharge of any contaminants

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1 from a CCR surface impoundment into the environment so as
2 to cause, directly or indirectly, a violation of this
3 Section or any regulations or standards adopted by the
4 Board under this Section, either alone or in combination
5 with contaminants from other sources;
6 (2) construct, install, modify, operate, or close any
7 CCR surface impoundment without a permit granted by the
8 Agency, or so as to violate any conditions imposed by such
9 permit, any provision of this Section or any regulations or
10 standards adopted by the Board under this Section; or
11 (3) cause or allow, directly or indirectly, the
12 discharge, deposit, injection, dumping, spilling, leaking,
13 or placing of any CCR upon the land in a place and manner
14 so as to cause or tend to cause a violation this Section or
15 any regulations or standards adopted by the Board under
16 this Section.
17 (c) For purposes of this Section, a permit issued by the
18Administrator of the United States Environmental Protection
19Agency under Section 4005 of the federal Resource Conservation
20and Recovery Act, shall be deemed to be a permit under this
21Section and subsection (y) of Section 39.
22 (d) Before commencing closure of a CCR surface impoundment,
23in accordance with Board rules, the owner of a CCR surface
24impoundment must submit to the Agency for approval a closure
25alternatives analysis that analyzes all closure methods being
26considered and that otherwise satisfies all closure

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1requirements adopted by the Board under this Act. Complete
2removal of CCR, as specified by the Board's rules, from the CCR
3surface impoundment must be considered and analyzed. Section
43.405 does not apply to the Board's rules specifying complete
5removal of CCR. The selected closure method must ensure
6compliance with regulations adopted by the Board pursuant to
7this Section.
8 (e) Owners or operators of CCR surface impoundments who
9have submitted a closure plan to the Agency before May 1, 2019,
10and who have completed closure prior to 24 months after the
11effective date of this amendatory Act of the 101st General
12Assembly shall not be required to obtain a construction permit
13for the surface impoundment closure under this Section.
14 (f) Except for the State, its agencies and institutions, a
15unit of local government, or not-for-profit electric
16cooperative as defined in Section 3.4 of the Electric Supplier
17Act, any person who owns or operates a CCR surface impoundment
18in this State shall post with the Agency a performance bond or
19other security for the purpose of: (i) ensuring closure of the
20CCR surface impoundment and post-closure care in accordance
21with this Act and its rules; and (ii) insuring remediation of
22releases from the CCR surface impoundment. The only acceptable
23forms of financial assurance are: a trust fund, a surety bond
24guaranteeing payment, a surety bond guaranteeing performance,
25or an irrevocable letter of credit.
26 (1) The cost estimate for the post-closure care of a

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1 CCR surface impoundment shall be calculated using a 30-year
2 post-closure care period or such longer period as may be
3 approved by the Agency under Board or federal rules.
4 (2) The Agency is authorized to enter into such
5 contracts and agreements as it may deem necessary to carry
6 out the purposes of this Section. Neither the State, nor
7 the Director, nor any State employee shall be liable for
8 any damages or injuries arising out of or resulting from
9 any action taken under this Section.
10 (3) The Agency shall have the authority to approve or
11 disapprove any performance bond or other security posted
12 under this subsection. Any person whose performance bond or
13 other security is disapproved by the Agency may contest the
14 disapproval as a permit denial appeal pursuant to Section
15 40.
16 (g) The Board shall adopt rules establishing construction
17permit requirements, operating permit requirements, design
18standards, reporting, financial assurance, and closure and
19post-closure care requirements for CCR surface impoundments.
20Not later than 8 months after the effective date of this
21amendatory Act of the 101st General Assembly the Agency shall
22propose, and not later than one year after receipt of the
23Agency's proposal the Board shall adopt, rules under this
24Section. The rules must, at a minimum:
25 (1) be at least as protective and comprehensive as the
26 federal regulations or amendments thereto promulgated by

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

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

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1pursuant to Section 3.135 shall, every 12 months, post on its
2publicly available website a report specifying the volume or
3weight of CCR, in cubic yards or tons, that it sold or provided
4during the past 12 months.
5 (i) The owner of a CCR surface impoundment shall post all
6closure plans, permit applications, and supporting
7documentation, as well as any Agency approval of the plans or
8applications on its publicly available website.
9 (j) The owner or operator of a CCR surface impoundment
10shall pay the following fees:
11 (1) An initial fee to the Agency within 6 months after
12 the effective date of this amendatory Act of the 101st
13 General Assembly of:
14 $50,000 for each closed CCR surface impoundment;
15 and
16 $75,000 for each CCR surface impoundment that have
17 not completed closure.
18 (2) Annual fees to the Agency, beginning on July 1,
19 2020, of:
20 $25,000 for each CCR surface impoundment that has
21 not completed closure; and
22 $15,000 for each CCR surface impoundment that has
23 completed closure, but has not completed post-closure
24 care.
25 (k) All fees collected by the Agency under subsection (j)
26shall be deposited into the Environmental Protection Permit and

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1Inspection Fund.
2 (l) The Coal Combustion Residual Surface Impoundment
3Financial Assurance Fund is created as a special fund in the
4State treasury. Any moneys forfeited to the State of Illinois
5from any performance bond or other security required under this
6Section shall be placed in the Coal Combustion Residual Surface
7Impoundment Financial Assurance Fund and shall, upon approval
8by the Governor and the Director, be used by the Agency for the
9purposes for which such performance bond or other security was
10issued. The Coal Combustion Residual Surface Impoundment
11Financial Assurance Fund is not subject to the provisions of
12subsection (c) of Section 5 of the State Finance Act.
13 (m) The provisions of this Section shall apply, without
14limitation, to all existing CCR surface impoundments and any
15CCR surface impoundments constructed after the effective date
16of this amendatory Act of the 101st General Assembly, except to
17the extent prohibited by the Illinois or United States
18Constitutions.
19 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
20 Sec. 39. Issuance of permits; procedures.
21 (a) When the Board has by regulation required a permit for
22the construction, installation, or operation of any type of
23facility, equipment, vehicle, vessel, or aircraft, the
24applicant shall apply to the Agency for such permit and it
25shall be the duty of the Agency to issue such a permit upon

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1proof by the applicant that the facility, equipment, vehicle,
2vessel, or aircraft will not cause a violation of this Act or
3of regulations hereunder. The Agency shall adopt such
4procedures as are necessary to carry out its duties under this
5Section. In making its determinations on permit applications
6under this Section the Agency may consider prior adjudications
7of noncompliance with this Act by the applicant that involved a
8release of a contaminant into the environment. In granting
9permits, the Agency may impose reasonable conditions
10specifically related to the applicant's past compliance
11history with this Act as necessary to correct, detect, or
12prevent noncompliance. The Agency may impose such other
13conditions as may be necessary to accomplish the purposes of
14this Act, and as are not inconsistent with the regulations
15promulgated by the Board hereunder. Except as otherwise
16provided in this Act, a bond or other security shall not be
17required as a condition for the issuance of a permit. If the
18Agency denies any permit under this Section, the Agency shall
19transmit to the applicant within the time limitations of this
20Section specific, detailed statements as to the reasons the
21permit application was denied. Such statements shall include,
22but not be limited to the following:
23 (i) the Sections of this Act which may be violated if
24 the permit were granted;
25 (ii) the provision of the regulations, promulgated
26 under this Act, which may be violated if the permit were

SB0009 Enrolled- 30 -LRB101 06168 JWD 51190 b
1 granted;
2 (iii) the specific type of information, if any, which
3 the Agency deems the applicant did not provide the Agency;
4 and
5 (iv) a statement of specific reasons why the Act and
6 the regulations might not be met if the permit were
7 granted.
8 If there is no final action by the Agency within 90 days
9after the filing of the application for permit, the applicant
10may deem the permit issued; except that this time period shall
11be extended to 180 days when (1) notice and opportunity for
12public hearing are required by State or federal law or
13regulation, (2) the application which was filed is for any
14permit to develop a landfill subject to issuance pursuant to
15this subsection, or (3) the application that was filed is for a
16MSWLF unit required to issue public notice under subsection (p)
17of Section 39. The 90-day and 180-day time periods for the
18Agency to take final action do not apply to NPDES permit
19applications under subsection (b) of this Section, to RCRA
20permit applications under subsection (d) of this Section, or to
21UIC permit applications under subsection (e) of this Section,
22or to CCR surface impoundment applications under subsection (y)
23of this Section.
24 The Agency shall publish notice of all final permit
25determinations for development permits for MSWLF units and for
26significant permit modifications for lateral expansions for

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1existing MSWLF units one time in a newspaper of general
2circulation in the county in which the unit is or is proposed
3to be located.
4 After January 1, 1994 and until July 1, 1998, operating
5permits issued under this Section by the Agency for sources of
6air pollution permitted to emit less than 25 tons per year of
7any combination of regulated air pollutants, as defined in
8Section 39.5 of this Act, shall be required to be renewed only
9upon written request by the Agency consistent with applicable
10provisions of this Act and regulations promulgated hereunder.
11Such operating permits shall expire 180 days after the date of
12such a request. The Board shall revise its regulations for the
13existing State air pollution operating permit program
14consistent with this provision by January 1, 1994.
15 After June 30, 1998, operating permits issued under this
16Section by the Agency for sources of air pollution that are not
17subject to Section 39.5 of this Act and are not required to
18have a federally enforceable State operating permit shall be
19required to be renewed only upon written request by the Agency
20consistent with applicable provisions of this Act and its
21rules. Such operating permits shall expire 180 days after the
22date of such a request. Before July 1, 1998, the Board shall
23revise its rules for the existing State air pollution operating
24permit program consistent with this paragraph and shall adopt
25rules that require a source to demonstrate that it qualifies
26for a permit under this paragraph.

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1 (b) The Agency may issue NPDES permits exclusively under
2this subsection for the discharge of contaminants from point
3sources into navigable waters, all as defined in the Federal
4Water Pollution Control Act, as now or hereafter amended,
5within the jurisdiction of the State, or into any well.
6 All NPDES permits shall contain those terms and conditions,
7including but not limited to schedules of compliance, which may
8be required to accomplish the purposes and provisions of this
9Act.
10 The Agency may issue general NPDES permits for discharges
11from categories of point sources which are subject to the same
12permit limitations and conditions. Such general permits may be
13issued without individual applications and shall conform to
14regulations promulgated under Section 402 of the Federal Water
15Pollution Control Act, as now or hereafter amended.
16 The Agency may include, among such conditions, effluent
17limitations and other requirements established under this Act,
18Board regulations, the Federal Water Pollution Control Act, as
19now or hereafter amended, and regulations pursuant thereto, and
20schedules for achieving compliance therewith at the earliest
21reasonable date.
22 The Agency shall adopt filing requirements and procedures
23which are necessary and appropriate for the issuance of NPDES
24permits, and which are consistent with the Act or regulations
25adopted by the Board, and with the Federal Water Pollution
26Control Act, as now or hereafter amended, and regulations

SB0009 Enrolled- 33 -LRB101 06168 JWD 51190 b
1pursuant thereto.
2 The Agency, subject to any conditions which may be
3prescribed by Board regulations, may issue NPDES permits to
4allow discharges beyond deadlines established by this Act or by
5regulations of the Board without the requirement of a variance,
6subject to the Federal Water Pollution Control Act, as now or
7hereafter amended, and regulations pursuant thereto.
8 (c) Except for those facilities owned or operated by
9sanitary districts organized under the Metropolitan Water
10Reclamation District Act, no permit for the development or
11construction of a new pollution control facility may be granted
12by the Agency unless the applicant submits proof to the Agency
13that the location of the facility has been approved by the
14County Board of the county if in an unincorporated area, or the
15governing body of the municipality when in an incorporated
16area, in which the facility is to be located in accordance with
17Section 39.2 of this Act. For purposes of this subsection (c),
18and for purposes of Section 39.2 of this Act, the appropriate
19county board or governing body of the municipality shall be the
20county board of the county or the governing body of the
21municipality in which the facility is to be located as of the
22date when the application for siting approval is filed.
23 In the event that siting approval granted pursuant to
24Section 39.2 has been transferred to a subsequent owner or
25operator, that subsequent owner or operator may apply to the
26Agency for, and the Agency may grant, a development or

SB0009 Enrolled- 34 -LRB101 06168 JWD 51190 b
1construction permit for the facility for which local siting
2approval was granted. Upon application to the Agency for a
3development or construction permit by that subsequent owner or
4operator, the permit applicant shall cause written notice of
5the permit application to be served upon the appropriate county
6board or governing body of the municipality that granted siting
7approval for that facility and upon any party to the siting
8proceeding pursuant to which siting approval was granted. In
9that event, the Agency shall conduct an evaluation of the
10subsequent owner or operator's prior experience in waste
11management operations in the manner conducted under subsection
12(i) of Section 39 of this Act.
13 Beginning August 20, 1993, if the pollution control
14facility consists of a hazardous or solid waste disposal
15facility for which the proposed site is located in an
16unincorporated area of a county with a population of less than
17100,000 and includes all or a portion of a parcel of land that
18was, on April 1, 1993, adjacent to a municipality having a
19population of less than 5,000, then the local siting review
20required under this subsection (c) in conjunction with any
21permit applied for after that date shall be performed by the
22governing body of that adjacent municipality rather than the
23county board of the county in which the proposed site is
24located; and for the purposes of that local siting review, any
25references in this Act to the county board shall be deemed to
26mean the governing body of that adjacent municipality;

SB0009 Enrolled- 35 -LRB101 06168 JWD 51190 b
1provided, however, that the provisions of this paragraph shall
2not apply to any proposed site which was, on April 1, 1993,
3owned in whole or in part by another municipality.
4 In the case of a pollution control facility for which a
5development permit was issued before November 12, 1981, if an
6operating permit has not been issued by the Agency prior to
7August 31, 1989 for any portion of the facility, then the
8Agency may not issue or renew any development permit nor issue
9an original operating permit for any portion of such facility
10unless the applicant has submitted proof to the Agency that the
11location of the facility has been approved by the appropriate
12county board or municipal governing body pursuant to Section
1339.2 of this Act.
14 After January 1, 1994, if a solid waste disposal facility,
15any portion for which an operating permit has been issued by
16the Agency, has not accepted waste disposal for 5 or more
17consecutive calendars years, before that facility may accept
18any new or additional waste for disposal, the owner and
19operator must obtain a new operating permit under this Act for
20that facility unless the owner and operator have applied to the
21Agency for a permit authorizing the temporary suspension of
22waste acceptance. The Agency may not issue a new operation
23permit under this Act for the facility unless the applicant has
24submitted proof to the Agency that the location of the facility
25has been approved or re-approved by the appropriate county
26board or municipal governing body under Section 39.2 of this

SB0009 Enrolled- 36 -LRB101 06168 JWD 51190 b
1Act after the facility ceased accepting waste.
2 Except for those facilities owned or operated by sanitary
3districts organized under the Metropolitan Water Reclamation
4District Act, and except for new pollution control facilities
5governed by Section 39.2, and except for fossil fuel mining
6facilities, the granting of a permit under this Act shall not
7relieve the applicant from meeting and securing all necessary
8zoning approvals from the unit of government having zoning
9jurisdiction over the proposed facility.
10 Before beginning construction on any new sewage treatment
11plant or sludge drying site to be owned or operated by a
12sanitary district organized under the Metropolitan Water
13Reclamation District Act for which a new permit (rather than
14the renewal or amendment of an existing permit) is required,
15such sanitary district shall hold a public hearing within the
16municipality within which the proposed facility is to be
17located, or within the nearest community if the proposed
18facility is to be located within an unincorporated area, at
19which information concerning the proposed facility shall be
20made available to the public, and members of the public shall
21be given the opportunity to express their views concerning the
22proposed facility.
23 The Agency may issue a permit for a municipal waste
24transfer station without requiring approval pursuant to
25Section 39.2 provided that the following demonstration is made:
26 (1) the municipal waste transfer station was in

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1 existence on or before January 1, 1979 and was in
2 continuous operation from January 1, 1979 to January 1,
3 1993;
4 (2) the operator submitted a permit application to the
5 Agency to develop and operate the municipal waste transfer
6 station during April of 1994;
7 (3) the operator can demonstrate that the county board
8 of the county, if the municipal waste transfer station is
9 in an unincorporated area, or the governing body of the
10 municipality, if the station is in an incorporated area,
11 does not object to resumption of the operation of the
12 station; and
13 (4) the site has local zoning approval.
14 (d) The Agency may issue RCRA permits exclusively under
15this subsection to persons owning or operating a facility for
16the treatment, storage, or disposal of hazardous waste as
17defined under this Act. Subsection (y) of this Section, rather
18than this subsection (d), shall apply to permits issued for CCR
19surface impoundments.
20 All RCRA permits shall contain those terms and conditions,
21including but not limited to schedules of compliance, which may
22be required to accomplish the purposes and provisions of this
23Act. The Agency may include among such conditions standards and
24other requirements established under this Act, Board
25regulations, the Resource Conservation and Recovery Act of 1976
26(P.L. 94-580), as amended, and regulations pursuant thereto,

SB0009 Enrolled- 38 -LRB101 06168 JWD 51190 b
1and may include schedules for achieving compliance therewith as
2soon as possible. The Agency shall require that a performance
3bond or other security be provided as a condition for the
4issuance of a RCRA permit.
5 In the case of a permit to operate a hazardous waste or PCB
6incinerator as defined in subsection (k) of Section 44, the
7Agency shall require, as a condition of the permit, that the
8operator of the facility perform such analyses of the waste to
9be incinerated as may be necessary and appropriate to ensure
10the safe operation of the incinerator.
11 The Agency shall adopt filing requirements and procedures
12which are necessary and appropriate for the issuance of RCRA
13permits, and which are consistent with the Act or regulations
14adopted by the Board, and with the Resource Conservation and
15Recovery Act of 1976 (P.L. 94-580), as amended, and regulations
16pursuant thereto.
17 The applicant shall make available to the public for
18inspection all documents submitted by the applicant to the
19Agency in furtherance of an application, with the exception of
20trade secrets, at the office of the county board or governing
21body of the municipality. Such documents may be copied upon
22payment of the actual cost of reproduction during regular
23business hours of the local office. The Agency shall issue a
24written statement concurrent with its grant or denial of the
25permit explaining the basis for its decision.
26 (e) The Agency may issue UIC permits exclusively under this

SB0009 Enrolled- 39 -LRB101 06168 JWD 51190 b
1subsection to persons owning or operating a facility for the
2underground injection of contaminants as defined under this
3Act.
4 All UIC permits shall contain those terms and conditions,
5including but not limited to schedules of compliance, which may
6be required to accomplish the purposes and provisions of this
7Act. The Agency may include among such conditions standards and
8other requirements established under this Act, Board
9regulations, the Safe Drinking Water Act (P.L. 93-523), as
10amended, and regulations pursuant thereto, and may include
11schedules for achieving compliance therewith. The Agency shall
12require that a performance bond or other security be provided
13as a condition for the issuance of a UIC permit.
14 The Agency shall adopt filing requirements and procedures
15which are necessary and appropriate for the issuance of UIC
16permits, and which are consistent with the Act or regulations
17adopted by the Board, and with the Safe Drinking Water Act
18(P.L. 93-523), as amended, and regulations pursuant thereto.
19 The applicant shall make available to the public for
20inspection, all documents submitted by the applicant to the
21Agency in furtherance of an application, with the exception of
22trade secrets, at the office of the county board or governing
23body of the municipality. Such documents may be copied upon
24payment of the actual cost of reproduction during regular
25business hours of the local office. The Agency shall issue a
26written statement concurrent with its grant or denial of the

SB0009 Enrolled- 40 -LRB101 06168 JWD 51190 b
1permit explaining the basis for its decision.
2 (f) In making any determination pursuant to Section 9.1 of
3this Act:
4 (1) The Agency shall have authority to make the
5 determination of any question required to be determined by
6 the Clean Air Act, as now or hereafter amended, this Act,
7 or the regulations of the Board, including the
8 determination of the Lowest Achievable Emission Rate,
9 Maximum Achievable Control Technology, or Best Available
10 Control Technology, consistent with the Board's
11 regulations, if any.
12 (2) The Agency shall adopt requirements as necessary to
13 implement public participation procedures, including, but
14 not limited to, public notice, comment, and an opportunity
15 for hearing, which must accompany the processing of
16 applications for PSD permits. The Agency shall briefly
17 describe and respond to all significant comments on the
18 draft permit raised during the public comment period or
19 during any hearing. The Agency may group related comments
20 together and provide one unified response for each issue
21 raised.
22 (3) Any complete permit application submitted to the
23 Agency under this subsection for a PSD permit shall be
24 granted or denied by the Agency not later than one year
25 after the filing of such completed application.
26 (4) The Agency shall, after conferring with the

SB0009 Enrolled- 41 -LRB101 06168 JWD 51190 b
1 applicant, give written notice to the applicant of its
2 proposed decision on the application including the terms
3 and conditions of the permit to be issued and the facts,
4 conduct or other basis upon which the Agency will rely to
5 support its proposed action.
6 (g) The Agency shall include as conditions upon all permits
7issued for hazardous waste disposal sites such restrictions
8upon the future use of such sites as are reasonably necessary
9to protect public health and the environment, including
10permanent prohibition of the use of such sites for purposes
11which may create an unreasonable risk of injury to human health
12or to the environment. After administrative and judicial
13challenges to such restrictions have been exhausted, the Agency
14shall file such restrictions of record in the Office of the
15Recorder of the county in which the hazardous waste disposal
16site is located.
17 (h) A hazardous waste stream may not be deposited in a
18permitted hazardous waste site unless specific authorization
19is obtained from the Agency by the generator and disposal site
20owner and operator for the deposit of that specific hazardous
21waste stream. The Agency may grant specific authorization for
22disposal of hazardous waste streams only after the generator
23has reasonably demonstrated that, considering technological
24feasibility and economic reasonableness, the hazardous waste
25cannot be reasonably recycled for reuse, nor incinerated or
26chemically, physically or biologically treated so as to

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1neutralize the hazardous waste and render it nonhazardous. In
2granting authorization under this Section, the Agency may
3impose such conditions as may be necessary to accomplish the
4purposes of the Act and are consistent with this Act and
5regulations promulgated by the Board hereunder. If the Agency
6refuses to grant authorization under this Section, the
7applicant may appeal as if the Agency refused to grant a
8permit, pursuant to the provisions of subsection (a) of Section
940 of this Act. For purposes of this subsection (h), the term
10"generator" has the meaning given in Section 3.205 of this Act,
11unless: (1) the hazardous waste is treated, incinerated, or
12partially recycled for reuse prior to disposal, in which case
13the last person who treats, incinerates, or partially recycles
14the hazardous waste prior to disposal is the generator; or (2)
15the hazardous waste is from a response action, in which case
16the person performing the response action is the generator.
17This subsection (h) does not apply to any hazardous waste that
18is restricted from land disposal under 35 Ill. Adm. Code 728.
19 (i) Before issuing any RCRA permit, any permit for a waste
20storage site, sanitary landfill, waste disposal site, waste
21transfer station, waste treatment facility, waste incinerator,
22or any waste-transportation operation, any permit or interim
23authorization for a clean construction or demolition debris
24fill operation, or any permit required under subsection (d-5)
25of Section 55, the Agency shall conduct an evaluation of the
26prospective owner's or operator's prior experience in waste

SB0009 Enrolled- 43 -LRB101 06168 JWD 51190 b
1management operations, clean construction or demolition debris
2fill operations, and tire storage site management. The Agency
3may deny such a permit, or deny or revoke interim
4authorization, if the prospective owner or operator or any
5employee or officer of the prospective owner or operator has a
6history of:
7 (1) repeated violations of federal, State, or local
8 laws, regulations, standards, or ordinances in the
9 operation of waste management facilities or sites, clean
10 construction or demolition debris fill operation
11 facilities or sites, or tire storage sites; or
12 (2) conviction in this or another State of any crime
13 which is a felony under the laws of this State, or
14 conviction of a felony in a federal court; or conviction in
15 this or another state or federal court of any of the
16 following crimes: forgery, official misconduct, bribery,
17 perjury, or knowingly submitting false information under
18 any environmental law, regulation, or permit term or
19 condition; or
20 (3) proof of gross carelessness or incompetence in
21 handling, storing, processing, transporting or disposing
22 of waste, clean construction or demolition debris, or used
23 or waste tires, or proof of gross carelessness or
24 incompetence in using clean construction or demolition
25 debris as fill.
26 (i-5) Before issuing any permit or approving any interim

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1authorization for a clean construction or demolition debris
2fill operation in which any ownership interest is transferred
3between January 1, 2005, and the effective date of the
4prohibition set forth in Section 22.52 of this Act, the Agency
5shall conduct an evaluation of the operation if any previous
6activities at the site or facility may have caused or allowed
7contamination of the site. It shall be the responsibility of
8the owner or operator seeking the permit or interim
9authorization to provide to the Agency all of the information
10necessary for the Agency to conduct its evaluation. The Agency
11may deny a permit or interim authorization if previous
12activities at the site may have caused or allowed contamination
13at the site, unless such contamination is authorized under any
14permit issued by the Agency.
15 (j) The issuance under this Act of a permit to engage in
16the surface mining of any resources other than fossil fuels
17shall not relieve the permittee from its duty to comply with
18any applicable local law regulating the commencement, location
19or operation of surface mining facilities.
20 (k) A development permit issued under subsection (a) of
21Section 39 for any facility or site which is required to have a
22permit under subsection (d) of Section 21 shall expire at the
23end of 2 calendar years from the date upon which it was issued,
24unless within that period the applicant has taken action to
25develop the facility or the site. In the event that review of
26the conditions of the development permit is sought pursuant to

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1Section 40 or 41, or permittee is prevented from commencing
2development of the facility or site by any other litigation
3beyond the permittee's control, such two-year period shall be
4deemed to begin on the date upon which such review process or
5litigation is concluded.
6 (l) No permit shall be issued by the Agency under this Act
7for construction or operation of any facility or site located
8within the boundaries of any setback zone established pursuant
9to this Act, where such construction or operation is
10prohibited.
11 (m) The Agency may issue permits to persons owning or
12operating a facility for composting landscape waste. In
13granting such permits, the Agency may impose such conditions as
14may be necessary to accomplish the purposes of this Act, and as
15are not inconsistent with applicable regulations promulgated
16by the Board. Except as otherwise provided in this Act, a bond
17or other security shall not be required as a condition for the
18issuance of a permit. If the Agency denies any permit pursuant
19to this subsection, the Agency shall transmit to the applicant
20within the time limitations of this subsection specific,
21detailed statements as to the reasons the permit application
22was denied. Such statements shall include but not be limited to
23the following:
24 (1) the Sections of this Act that may be violated if
25 the permit were granted;
26 (2) the specific regulations promulgated pursuant to

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1 this Act that may be violated if the permit were granted;
2 (3) the specific information, if any, the Agency deems
3 the applicant did not provide in its application to the
4 Agency; and
5 (4) a statement of specific reasons why the Act and the
6 regulations might be violated if the permit were granted.
7 If no final action is taken by the Agency within 90 days
8after the filing of the application for permit, the applicant
9may deem the permit issued. Any applicant for a permit may
10waive the 90-day limitation by filing a written statement with
11the Agency.
12 The Agency shall issue permits for such facilities upon
13receipt of an application that includes a legal description of
14the site, a topographic map of the site drawn to the scale of
15200 feet to the inch or larger, a description of the operation,
16including the area served, an estimate of the volume of
17materials to be processed, and documentation that:
18 (1) the facility includes a setback of at least 200
19 feet from the nearest potable water supply well;
20 (2) the facility is located outside the boundary of the
21 10-year floodplain or the site will be floodproofed;
22 (3) the facility is located so as to minimize
23 incompatibility with the character of the surrounding
24 area, including at least a 200 foot setback from any
25 residence, and in the case of a facility that is developed
26 or the permitted composting area of which is expanded after

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1 November 17, 1991, the composting area is located at least
2 1/8 mile from the nearest residence (other than a residence
3 located on the same property as the facility);
4 (4) the design of the facility will prevent any compost
5 material from being placed within 5 feet of the water
6 table, will adequately control runoff from the site, and
7 will collect and manage any leachate that is generated on
8 the site;
9 (5) the operation of the facility will include
10 appropriate dust and odor control measures, limitations on
11 operating hours, appropriate noise control measures for
12 shredding, chipping and similar equipment, management
13 procedures for composting, containment and disposal of
14 non-compostable wastes, procedures to be used for
15 terminating operations at the site, and recordkeeping
16 sufficient to document the amount of materials received,
17 composted and otherwise disposed of; and
18 (6) the operation will be conducted in accordance with
19 any applicable rules adopted by the Board.
20 The Agency shall issue renewable permits of not longer than
2110 years in duration for the composting of landscape wastes, as
22defined in Section 3.155 of this Act, based on the above
23requirements.
24 The operator of any facility permitted under this
25subsection (m) must submit a written annual statement to the
26Agency on or before April 1 of each year that includes an

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1estimate of the amount of material, in tons, received for
2composting.
3 (n) The Agency shall issue permits jointly with the
4Department of Transportation for the dredging or deposit of
5material in Lake Michigan in accordance with Section 18 of the
6Rivers, Lakes, and Streams Act.
7 (o) (Blank.)
8 (p) (1) Any person submitting an application for a permit
9for a new MSWLF unit or for a lateral expansion under
10subsection (t) of Section 21 of this Act for an existing MSWLF
11unit that has not received and is not subject to local siting
12approval under Section 39.2 of this Act shall publish notice of
13the application in a newspaper of general circulation in the
14county in which the MSWLF unit is or is proposed to be located.
15The notice must be published at least 15 days before submission
16of the permit application to the Agency. The notice shall state
17the name and address of the applicant, the location of the
18MSWLF unit or proposed MSWLF unit, the nature and size of the
19MSWLF unit or proposed MSWLF unit, the nature of the activity
20proposed, the probable life of the proposed activity, the date
21the permit application will be submitted, and a statement that
22persons may file written comments with the Agency concerning
23the permit application within 30 days after the filing of the
24permit application unless the time period to submit comments is
25extended by the Agency.
26 When a permit applicant submits information to the Agency

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1to supplement a permit application being reviewed by the
2Agency, the applicant shall not be required to reissue the
3notice under this subsection.
4 (2) The Agency shall accept written comments concerning the
5permit application that are postmarked no later than 30 days
6after the filing of the permit application, unless the time
7period to accept comments is extended by the Agency.
8 (3) Each applicant for a permit described in part (1) of
9this subsection shall file a copy of the permit application
10with the county board or governing body of the municipality in
11which the MSWLF unit is or is proposed to be located at the
12same time the application is submitted to the Agency. The
13permit application filed with the county board or governing
14body of the municipality shall include all documents submitted
15to or to be submitted to the Agency, except trade secrets as
16determined under Section 7.1 of this Act. The permit
17application and other documents on file with the county board
18or governing body of the municipality shall be made available
19for public inspection during regular business hours at the
20office of the county board or the governing body of the
21municipality and may be copied upon payment of the actual cost
22of reproduction.
23 (q) Within 6 months after July 12, 2011 (the effective date
24of Public Act 97-95), the Agency, in consultation with the
25regulated community, shall develop a web portal to be posted on
26its website for the purpose of enhancing review and promoting

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1timely issuance of permits required by this Act. At a minimum,
2the Agency shall make the following information available on
3the web portal:
4 (1) Checklists and guidance relating to the completion
5 of permit applications, developed pursuant to subsection
6 (s) of this Section, which may include, but are not limited
7 to, existing instructions for completing the applications
8 and examples of complete applications. As the Agency
9 develops new checklists and develops guidance, it shall
10 supplement the web portal with those materials.
11 (2) Within 2 years after July 12, 2011 (the effective
12 date of Public Act 97-95), permit application forms or
13 portions of permit applications that can be completed and
14 saved electronically, and submitted to the Agency
15 electronically with digital signatures.
16 (3) Within 2 years after July 12, 2011 (the effective
17 date of Public Act 97-95), an online tracking system where
18 an applicant may review the status of its pending
19 application, including the name and contact information of
20 the permit analyst assigned to the application. Until the
21 online tracking system has been developed, the Agency shall
22 post on its website semi-annual permitting efficiency
23 tracking reports that include statistics on the timeframes
24 for Agency action on the following types of permits
25 received after July 12, 2011 (the effective date of Public
26 Act 97-95): air construction permits, new NPDES permits and

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1 associated water construction permits, and modifications
2 of major NPDES permits and associated water construction
3 permits. The reports must be posted by February 1 and
4 August 1 each year and shall include:
5 (A) the number of applications received for each
6 type of permit, the number of applications on which the
7 Agency has taken action, and the number of applications
8 still pending; and
9 (B) for those applications where the Agency has not
10 taken action in accordance with the timeframes set
11 forth in this Act, the date the application was
12 received and the reasons for any delays, which may
13 include, but shall not be limited to, (i) the
14 application being inadequate or incomplete, (ii)
15 scientific or technical disagreements with the
16 applicant, USEPA, or other local, state, or federal
17 agencies involved in the permitting approval process,
18 (iii) public opposition to the permit, or (iv) Agency
19 staffing shortages. To the extent practicable, the
20 tracking report shall provide approximate dates when
21 cause for delay was identified by the Agency, when the
22 Agency informed the applicant of the problem leading to
23 the delay, and when the applicant remedied the reason
24 for the delay.
25 (r) Upon the request of the applicant, the Agency shall
26notify the applicant of the permit analyst assigned to the

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1application upon its receipt.
2 (s) The Agency is authorized to prepare and distribute
3guidance documents relating to its administration of this
4Section and procedural rules implementing this Section.
5Guidance documents prepared under this subsection shall not be
6considered rules and shall not be subject to the Illinois
7Administrative Procedure Act. Such guidance shall not be
8binding on any party.
9 (t) Except as otherwise prohibited by federal law or
10regulation, any person submitting an application for a permit
11may include with the application suggested permit language for
12Agency consideration. The Agency is not obligated to use the
13suggested language or any portion thereof in its permitting
14decision. If requested by the permit applicant, the Agency
15shall meet with the applicant to discuss the suggested
16language.
17 (u) If requested by the permit applicant, the Agency shall
18provide the permit applicant with a copy of the draft permit
19prior to any public review period.
20 (v) If requested by the permit applicant, the Agency shall
21provide the permit applicant with a copy of the final permit
22prior to its issuance.
23 (w) An air pollution permit shall not be required due to
24emissions of greenhouse gases, as specified by Section 9.15 of
25this Act.
26 (x) If, before the expiration of a State operating permit

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1that is issued pursuant to subsection (a) of this Section and
2contains federally enforceable conditions limiting the
3potential to emit of the source to a level below the major
4source threshold for that source so as to exclude the source
5from the Clean Air Act Permit Program, the Agency receives a
6complete application for the renewal of that permit, then all
7of the terms and conditions of the permit shall remain in
8effect until final administrative action has been taken on the
9application for the renewal of the permit.
10 (y) The Agency may issue permits exclusively under this
11subsection to persons owning or operating a CCR surface
12impoundment subject to Section 22.59.
13 All CCR surface impoundment permits shall contain those
14terms and conditions, including, but not limited to, schedules
15of compliance, which may be required to accomplish the purposes
16and provisions of this Act, Board regulations, the Illinois
17Groundwater Protection Act and regulations pursuant thereto,
18and the Resource Conservation and Recovery Act and regulations
19pursuant thereto, and may include schedules for achieving
20compliance therewith as soon as possible.
21 The Board shall adopt filing requirements and procedures
22that are necessary and appropriate for the issuance of CCR
23surface impoundment permits and that are consistent with this
24Act or regulations adopted by the Board, and with the RCRA, as
25amended, and regulations pursuant thereto.
26 The applicant shall make available to the public for

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1inspection all documents submitted by the applicant to the
2Agency in furtherance of an application, with the exception of
3trade secrets, on its public internet website as well as at the
4office of the county board or governing body of the
5municipality where CCR from the CCR surface impoundment will be
6permanently disposed. Such documents may be copied upon payment
7of the actual cost of reproduction during regular business
8hours of the local office.
9 The Agency shall issue a written statement concurrent with
10its grant or denial of the permit explaining the basis for its
11decision.
12(Source: P.A. 98-284, eff. 8-9-13; 99-396, eff. 8-18-15;
1399-463, eff. 1-1-16; 99-642, eff. 7-28-16.)
14 (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
15 Sec. 40. Appeal of permit denial.
16 (a)(1) If the Agency refuses to grant or grants with
17conditions a permit under Section 39 of this Act, the applicant
18may, within 35 days after the date on which the Agency served
19its decision on the applicant, petition for a hearing before
20the Board to contest the decision of the Agency. However, the
2135-day period for petitioning for a hearing may be extended for
22an additional period of time not to exceed 90 days by written
23notice provided to the Board from the applicant and the Agency
24within the initial appeal period. The Board shall give 21 days'
25notice to any person in the county where is located the

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1facility in issue who has requested notice of enforcement
2proceedings and to each member of the General Assembly in whose
3legislative district that installation or property is located;
4and shall publish that 21-day notice in a newspaper of general
5circulation in that county. The Agency shall appear as
6respondent in such hearing. At such hearing the rules
7prescribed in Section 32 and subsection (a) of Section 33 of
8this Act shall apply, and the burden of proof shall be on the
9petitioner. If, however, the Agency issues an NPDES permit that
10imposes limits which are based upon a criterion or denies a
11permit based upon application of a criterion, then the Agency
12shall have the burden of going forward with the basis for the
13derivation of those limits or criterion which were derived
14under the Board's rules.
15 (2) Except as provided in paragraph (a)(3), if there is no
16final action by the Board within 120 days after the date on
17which it received the petition, the petitioner may deem the
18permit issued under this Act, provided, however, that that
19period of 120 days shall not run for any period of time, not to
20exceed 30 days, during which the Board is without sufficient
21membership to constitute the quorum required by subsection (a)
22of Section 5 of this Act, and provided further that such 120
23day period shall not be stayed for lack of quorum beyond 30
24days regardless of whether the lack of quorum exists at the
25beginning of such 120-day period or occurs during the running
26of such 120-day period.

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1 (3) Paragraph (a)(2) shall not apply to any permit which is
2subject to subsection (b), (d) or (e) of Section 39. If there
3is no final action by the Board within 120 days after the date
4on which it received the petition, the petitioner shall be
5entitled to an Appellate Court order pursuant to subsection (d)
6of Section 41 of this Act.
7 (b) If the Agency grants a RCRA permit for a hazardous
8waste disposal site, a third party, other than the permit
9applicant or Agency, may, within 35 days after the date on
10which the Agency issued its decision, petition the Board for a
11hearing to contest the issuance of the permit. Unless the Board
12determines that such petition is duplicative or frivolous, or
13that the petitioner is so located as to not be affected by the
14permitted facility, the Board shall hear the petition in
15accordance with the terms of subsection (a) of this Section and
16its procedural rules governing denial appeals, such hearing to
17be based exclusively on the record before the Agency. The
18burden of proof shall be on the petitioner. The Agency and the
19permit applicant shall be named co-respondents.
20 The provisions of this subsection do not apply to the
21granting of permits issued for the disposal or utilization of
22sludge from publicly-owned sewage works.
23 (c) Any party to an Agency proceeding conducted pursuant to
24Section 39.3 of this Act may petition as of right to the Board
25for review of the Agency's decision within 35 days from the
26date of issuance of the Agency's decision, provided that such

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1appeal is not duplicative or frivolous. However, the 35-day
2period for petitioning for a hearing may be extended by the
3applicant for a period of time not to exceed 90 days by written
4notice provided to the Board from the applicant and the Agency
5within the initial appeal period. If another person with
6standing to appeal wishes to obtain an extension, there must be
7a written notice provided to the Board by that person, the
8Agency, and the applicant, within the initial appeal period.
9The decision of the Board shall be based exclusively on the
10record compiled in the Agency proceeding. In other respects the
11Board's review shall be conducted in accordance with subsection
12(a) of this Section and the Board's procedural rules governing
13permit denial appeals.
14 (d) In reviewing the denial or any condition of a NA NSR
15permit issued by the Agency pursuant to rules and regulations
16adopted under subsection (c) of Section 9.1 of this Act, the
17decision of the Board shall be based exclusively on the record
18before the Agency including the record of the hearing, if any,
19unless the parties agree to supplement the record. The Board
20shall, if it finds the Agency is in error, make a final
21determination as to the substantive limitations of the permit
22including a final determination of Lowest Achievable Emission
23Rate.
24 (e)(1) If the Agency grants or denies a permit under
25subsection (b) of Section 39 of this Act, a third party, other
26than the permit applicant or Agency, may petition the Board

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1within 35 days from the date of issuance of the Agency's
2decision, for a hearing to contest the decision of the Agency.
3 (2) A petitioner shall include the following within a
4petition submitted under subdivision (1) of this subsection:
5 (A) a demonstration that the petitioner raised the
6 issues contained within the petition during the public
7 notice period or during the public hearing on the NPDES
8 permit application, if a public hearing was held; and
9 (B) a demonstration that the petitioner is so situated
10 as to be affected by the permitted facility.
11 (3) If the Board determines that the petition is not
12duplicative or frivolous and contains a satisfactory
13demonstration under subdivision (2) of this subsection, the
14Board shall hear the petition (i) in accordance with the terms
15of subsection (a) of this Section and its procedural rules
16governing permit denial appeals and (ii) exclusively on the
17basis of the record before the Agency. The burden of proof
18shall be on the petitioner. The Agency and permit applicant
19shall be named co-respondents.
20 (f) Any person who files a petition to contest the issuance
21of a permit by the Agency shall pay a filing fee.
22 (g) If the Agency grants or denies a permit under
23subsection (y) of Section 39, a third party, other than the
24permit applicant or Agency, may appeal the Agency's decision as
25provided under federal law for CCR surface impoundment permits.
26(Source: P.A. 99-463, eff. 1-1-16; 100-201, eff. 8-18-17.)

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1 Section 10. The State Finance Act is amended by adding
2Section 5.891 as follows:
3 (30 ILCS 105/5.891 new)
4 Sec. 5.891. The Coal Combustion Residual Surface
5Impoundment Financial Assurance Fund.
6 Section 97. Severability. The provisions of this Act are
7severable under Section 1.31 of the Statute on Statutes.
8 Section 99. Effective date. This Act takes effect upon
9becoming law.
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