Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1578 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1578 Introduced 2/8/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: 415 ILCS 5/22.59415 ILCS 5/22.59a new Amends the Environmental Protection Act. Provides that owners and operators of CCR surface impoundments at electric generating plants that are within 4,000 feet of Lake Michigan shall close the CCR surface impoundment by removal and off-site disposal, pursuant to specified provisions and requirements. In additional provisions, requires an owner or operator of an electric generating plant located within 4,000 feet of Lake Michigan that generates or has generated CCR that is not disposed of, treated, stored, or abandoned in a CCR surface impoundment to remove from the owner's or operator's site, for off-site disposal, all CCR generated by the facility that is not disposed of, treated, stored, or abandoned in a CCR surface impoundment and remediate all soil and groundwater impacted by the CCR, in accordance with specified requirements. Requires owners or operators to submit specified plans and reports to the Environmental Protection Agency. Provides that an owner or operator shall post with the Agency a performance bond or other security for the purpose of ensuring removal and remediation in accordance with the provisions. Provides that the Agency may enter into such contracts and agreements as it deems necessary to carry out the purposes of the provisions. Provides that neither the State, nor the Director of the Agency, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under the provisions. Contains other provisions. Contains a severability provision. Effective immediately. LRB103 05037 CPF 50051 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1578 Introduced 2/8/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: 415 ILCS 5/22.59415 ILCS 5/22.59a new 415 ILCS 5/22.59 415 ILCS 5/22.59a new Amends the Environmental Protection Act. Provides that owners and operators of CCR surface impoundments at electric generating plants that are within 4,000 feet of Lake Michigan shall close the CCR surface impoundment by removal and off-site disposal, pursuant to specified provisions and requirements. In additional provisions, requires an owner or operator of an electric generating plant located within 4,000 feet of Lake Michigan that generates or has generated CCR that is not disposed of, treated, stored, or abandoned in a CCR surface impoundment to remove from the owner's or operator's site, for off-site disposal, all CCR generated by the facility that is not disposed of, treated, stored, or abandoned in a CCR surface impoundment and remediate all soil and groundwater impacted by the CCR, in accordance with specified requirements. Requires owners or operators to submit specified plans and reports to the Environmental Protection Agency. Provides that an owner or operator shall post with the Agency a performance bond or other security for the purpose of ensuring removal and remediation in accordance with the provisions. Provides that the Agency may enter into such contracts and agreements as it deems necessary to carry out the purposes of the provisions. Provides that neither the State, nor the Director of the Agency, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under the provisions. Contains other provisions. Contains a severability provision. Effective immediately. LRB103 05037 CPF 50051 b LRB103 05037 CPF 50051 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1578 Introduced 2/8/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
3	3	415 ILCS 5/22.59415 ILCS 5/22.59a new 415 ILCS 5/22.59 415 ILCS 5/22.59a new
4	4	415 ILCS 5/22.59
5	5	415 ILCS 5/22.59a new
6	6	Amends the Environmental Protection Act. Provides that owners and operators of CCR surface impoundments at electric generating plants that are within 4,000 feet of Lake Michigan shall close the CCR surface impoundment by removal and off-site disposal, pursuant to specified provisions and requirements. In additional provisions, requires an owner or operator of an electric generating plant located within 4,000 feet of Lake Michigan that generates or has generated CCR that is not disposed of, treated, stored, or abandoned in a CCR surface impoundment to remove from the owner's or operator's site, for off-site disposal, all CCR generated by the facility that is not disposed of, treated, stored, or abandoned in a CCR surface impoundment and remediate all soil and groundwater impacted by the CCR, in accordance with specified requirements. Requires owners or operators to submit specified plans and reports to the Environmental Protection Agency. Provides that an owner or operator shall post with the Agency a performance bond or other security for the purpose of ensuring removal and remediation in accordance with the provisions. Provides that the Agency may enter into such contracts and agreements as it deems necessary to carry out the purposes of the provisions. Provides that neither the State, nor the Director of the Agency, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under the provisions. Contains other provisions. Contains a severability provision. Effective immediately.
7	7	LRB103 05037 CPF 50051 b LRB103 05037 CPF 50051 b
8	8	LRB103 05037 CPF 50051 b
9	9	A BILL FOR
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12	12	1 AN ACT concerning safety.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Environmental Protection Act is amended by
16	16	5 changing Section 22.59 and by adding Section 22.59a as
17	17	6 follows:
18	18	7 (415 ILCS 5/22.59)
19	19	8 Sec. 22.59. CCR surface impoundments.
20	20	9 (a) The General Assembly finds that:
21	21	10 (1) the State of Illinois has a long-standing policy
22	22	11 to restore, protect, and enhance the environment,
23	23	12 including the purity of the air, land, and waters,
24	24	13 including groundwaters, of this State;
25	25	14 (2) a clean environment is essential to the growth and
26	26	15 well-being of this State;
27	27	16 (3) CCR generated by the electric generating industry
28	28	17 has caused groundwater contamination and other forms of
29	29	18 pollution at active and inactive plants throughout this
30	30	19 State;
31	31	20 (4) environmental laws should be supplemented to
32	32	21 ensure consistent, responsible regulation of all existing
33	33	22 CCR surface impoundments; and
34	34	23 (5) meaningful participation of State residents,
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1578 Introduced 2/8/2023, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
39	39	415 ILCS 5/22.59415 ILCS 5/22.59a new 415 ILCS 5/22.59 415 ILCS 5/22.59a new
40	40	415 ILCS 5/22.59
41	41	415 ILCS 5/22.59a new
42	42	Amends the Environmental Protection Act. Provides that owners and operators of CCR surface impoundments at electric generating plants that are within 4,000 feet of Lake Michigan shall close the CCR surface impoundment by removal and off-site disposal, pursuant to specified provisions and requirements. In additional provisions, requires an owner or operator of an electric generating plant located within 4,000 feet of Lake Michigan that generates or has generated CCR that is not disposed of, treated, stored, or abandoned in a CCR surface impoundment to remove from the owner's or operator's site, for off-site disposal, all CCR generated by the facility that is not disposed of, treated, stored, or abandoned in a CCR surface impoundment and remediate all soil and groundwater impacted by the CCR, in accordance with specified requirements. Requires owners or operators to submit specified plans and reports to the Environmental Protection Agency. Provides that an owner or operator shall post with the Agency a performance bond or other security for the purpose of ensuring removal and remediation in accordance with the provisions. Provides that the Agency may enter into such contracts and agreements as it deems necessary to carry out the purposes of the provisions. Provides that neither the State, nor the Director of the Agency, nor any State employee shall be liable for any damages or injuries arising out of or resulting from any action taken under the provisions. Contains other provisions. Contains a severability provision. Effective immediately.
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44	44	LRB103 05037 CPF 50051 b
45	45	A BILL FOR
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71	71	1 especially vulnerable populations who may be affected by
72	72	2 regulatory actions, is critical to ensure that
73	73	3 environmental justice considerations are incorporated in
74	74	4 the development of, decision-making related to, and
75	75	5 implementation of environmental laws and rulemaking that
76	76	6 protects and improves the well-being of communities in
77	77	7 this State that bear disproportionate burdens imposed by
78	78	8 environmental pollution; and .
79	79	9 (6) the State recognizes the critical need to
80	80	10 zealously guard and vigilantly protect the water quality
81	81	11 and public uses of public bodies of water throughout the
82	82	12 State, including Lake Michigan.
83	83	13 Therefore, the purpose of this Section is to promote a
84	84	14 healthful environment, including clean water, air, and land,
85	85	15 meaningful public involvement, and the responsible disposal
86	86	16 and storage of coal combustion residuals, so as to protect
87	87	17 public health and to prevent pollution of the environment of
88	88	18 this State.
89	89	19 The provisions of this Section shall be liberally
90	90	20 construed to carry out the purposes of this Section.
91	91	21 (b) No person shall:
92	92	22 (1) cause or allow the discharge of any contaminants
93	93	23 from a CCR surface impoundment into the environment so as
94	94	24 to cause, directly or indirectly, a violation of this
95	95	25 Section or any regulations or standards adopted by the
96	96	26 Board under this Section, either alone or in combination
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107	107	1 with contaminants from other sources;
108	108	2 (2) construct, install, modify, operate, or close any
109	109	3 CCR surface impoundment without a permit granted by the
110	110	4 Agency, or so as to violate any conditions imposed by such
111	111	5 permit, any provision of this Section or any regulations
112	112	6 or standards adopted by the Board under this Section;
113	113	7 (3) cause or allow, directly or indirectly, the
114	114	8 discharge, deposit, injection, dumping, spilling, leaking,
115	115	9 or placing of any CCR upon the land in a place and manner
116	116	10 so as to cause or tend to cause a violation of this Section
117	117	11 or any regulations or standards adopted by the Board under
118	118	12 this Section; or
119	119	13 (4) construct, install, modify, or close a CCR surface
120	120	14 impoundment in accordance with a permit issued under this
121	121	15 Act without certifying to the Agency that all contractors,
122	122	16 subcontractors, and installers utilized to construct,
123	123	17 install, modify, or close a CCR surface impoundment are
124	124	18 participants in:
125	125	19 (A) a training program that is approved by and
126	126	20 registered with the United States Department of
127	127	21 Labor's Employment and Training Administration and
128	128	22 that includes instruction in erosion control and
129	129	23 environmental remediation; and
130	130	24 (B) a training program that is approved by and
131	131	25 registered with the United States Department of
132	132	26 Labor's Employment and Training Administration and
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143	143	1 that includes instruction in the operation of heavy
144	144	2 equipment and excavation.
145	145	3 Nothing in this paragraph (4) shall be construed to
146	146	4 require providers of construction-related professional
147	147	5 services to participate in a training program approved by
148	148	6 and registered with the United States Department of
149	149	7 Labor's Employment and Training Administration.
150	150	8 In this paragraph (4), "construction-related
151	151	9 professional services" includes, but is not limited to,
152	152	10 those services within the scope of: (i) the practice of
153	153	11 architecture as regulated under the Illinois Architecture
154	154	12 Practice Act of 1989; (ii) professional engineering as
155	155	13 defined in Section 4 of the Professional Engineering
156	156	14 Practice Act of 1989; (iii) the practice of a structural
157	157	15 engineer as defined in Section 4 of the Structural
158	158	16 Engineering Practice Act of 1989; or (iv) land surveying
159	159	17 under the Illinois Professional Land Surveyor Act of 1989.
160	160	18 (c) (Blank).
161	161	19 (d) Before commencing closure of a CCR surface
162	162	20 impoundment, in accordance with Board rules, the owner of a
163	163	21 CCR surface impoundment must submit to the Agency for approval
164	164	22 a closure alternatives analysis that analyzes all closure
165	165	23 methods being considered and that otherwise satisfies all
166	166	24 closure requirements adopted by the Board under this Act.
167	167	25 Complete removal of CCR, as specified by the Board's rules,
168	168	26 from the CCR surface impoundment must be considered and
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179	179	1 analyzed. Section 3.405 does not apply to the Board's rules
180	180	2 specifying complete removal of CCR. The selected closure
181	181	3 method must ensure compliance with regulations adopted by the
182	182	4 Board pursuant to this Section.
183	183	5 (e) Owners or operators of CCR surface impoundments who
184	184	6 have submitted a closure plan to the Agency before May 1, 2019,
185	185	7 and who have completed closure prior to 24 months after July
186	186	8 30, 2019 (the effective date of Public Act 101-171) shall not
187	187	9 be required to obtain a construction permit for the surface
188	188	10 impoundment closure under this Section.
189	189	11 (f) Except for the State, its agencies and institutions, a
190	190	12 unit of local government, or a not-for-profit electric
191	191	13 cooperative as defined in Section 3.4 of the Electric Supplier
192	192	14 Act, any person who owns or operates a CCR surface impoundment
193	193	15 in this State shall post with the Agency a performance bond or
194	194	16 other security for the purpose of: (i) ensuring closure of the
195	195	17 CCR surface impoundment and post-closure care in accordance
196	196	18 with this Act and its rules; and (ii) ensuring remediation of
197	197	19 releases from the CCR surface impoundment. The only acceptable
198	198	20 forms of financial assurance are: a trust fund, a surety bond
199	199	21 guaranteeing payment, a surety bond guaranteeing performance,
200	200	22 or an irrevocable letter of credit.
201	201	23 (1) The cost estimate for the post-closure care of a
202	202	24 CCR surface impoundment shall be calculated using a
203	203	25 30-year post-closure care period or such longer period as
204	204	26 may be approved by the Agency under Board or federal
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215	215	1 rules.
216	216	2 (2) The Agency is authorized to enter into such
217	217	3 contracts and agreements as it may deem necessary to carry
218	218	4 out the purposes of this Section. Neither the State, nor
219	219	5 the Director, nor any State employee shall be liable for
220	220	6 any damages or injuries arising out of or resulting from
221	221	7 any action taken under this Section.
222	222	8 (3) The Agency shall have the authority to approve or
223	223	9 disapprove any performance bond or other security posted
224	224	10 under this subsection. Any person whose performance bond
225	225	11 or other security is disapproved by the Agency may contest
226	226	12 the disapproval as a permit denial appeal pursuant to
227	227	13 Section 40.
228	228	14 (g) The Board shall adopt rules establishing construction
229	229	15 permit requirements, operating permit requirements, design
230	230	16 standards, reporting, financial assurance, and closure and
231	231	17 post-closure care requirements for CCR surface impoundments.
232	232	18 Not later than 8 months after July 30, 2019 (the effective date
233	233	19 of Public Act 101-171) the Agency shall propose, and not later
234	234	20 than one year after receipt of the Agency's proposal the Board
235	235	21 shall adopt, rules under this Section. The Board shall not be
236	236	22 deemed in noncompliance with the rulemaking deadline due to
237	237	23 delays in adopting rules as a result of the Joint Committee
238	238	24 Commission on Administrative Rules oversight process. The
239	239	25 rules must, at a minimum:
240	240	26 (1) be at least as protective and comprehensive as the
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251	251	1 federal regulations or amendments thereto promulgated by
252	252	2 the Administrator of the United States Environmental
253	253	3 Protection Agency in Subpart D of 40 CFR 257 governing CCR
254	254	4 surface impoundments;
255	255	5 (2) specify the minimum contents of CCR surface
256	256	6 impoundment construction and operating permit
257	257	7 applications, including the closure alternatives analysis
258	258	8 required under subsection (d);
259	259	9 (3) specify which types of permits include
260	260	10 requirements for closure, post-closure, remediation and
261	261	11 all other requirements applicable to CCR surface
262	262	12 impoundments;
263	263	13 (4) specify when permit applications for existing CCR
264	264	14 surface impoundments must be submitted, taking into
265	265	15 consideration whether the CCR surface impoundment must
266	266	16 close under the RCRA;
267	267	17 (5) specify standards for review and approval by the
268	268	18 Agency of CCR surface impoundment permit applications;
269	269	19 (6) specify meaningful public participation procedures
270	270	20 for the issuance of CCR surface impoundment construction
271	271	21 and operating permits, including, but not limited to,
272	272	22 public notice of the submission of permit applications, an
273	273	23 opportunity for the submission of public comments, an
274	274	24 opportunity for a public hearing prior to permit issuance,
275	275	25 and a summary and response of the comments prepared by the
276	276	26 Agency;
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287	287	1 (7) prescribe the type and amount of the performance
288	288	2 bonds or other securities required under subsection (f),
289	289	3 and the conditions under which the State is entitled to
290	290	4 collect moneys from such performance bonds or other
291	291	5 securities;
292	292	6 (8) specify a procedure to identify areas of
293	293	7 environmental justice concern in relation to CCR surface
294	294	8 impoundments;
295	295	9 (9) specify a method to prioritize CCR surface
296	296	10 impoundments required to close under RCRA if not otherwise
297	297	11 specified by the United States Environmental Protection
298	298	12 Agency, so that the CCR surface impoundments with the
299	299	13 highest risk to public health and the environment, and
300	300	14 areas of environmental justice concern are given first
301	301	15 priority;
302	302	16 (10) define when complete removal of CCR is achieved
303	303	17 and specify the standards for responsible removal of CCR
304	304	18 from CCR surface impoundments, including, but not limited
305	305	19 to, dust controls and the protection of adjacent surface
306	306	20 water and groundwater; and
307	307	21 (11) describe the process and standards for
308	308	22 identifying a specific alternative source of groundwater
309	309	23 pollution when the owner or operator of the CCR surface
310	310	24 impoundment believes that groundwater contamination on the
311	311	25 site is not from the CCR surface impoundment.
312	312	26 (h) Any owner of a CCR surface impoundment that generates
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323	323	1 CCR and sells or otherwise provides coal combustion byproducts
324	324	2 pursuant to Section 3.135 shall, every 12 months, post on its
325	325	3 publicly available website a report specifying the volume or
326	326	4 weight of CCR, in cubic yards or tons, that it sold or provided
327	327	5 during the past 12 months.
328	328	6 (i) The owner of a CCR surface impoundment shall post all
329	329	7 closure plans, permit applications, and supporting
330	330	8 documentation, as well as any Agency approval of the plans or
331	331	9 applications, on its publicly available website.
332	332	10 (j) The owner or operator of a CCR surface impoundment
333	333	11 shall pay the following fees:
334	334	12 (1) An initial fee to the Agency within 6 months after
335	335	13 July 30, 2019 (the effective date of Public Act 101-171)
336	336	14 of:
337	337	15 $50,000 for each closed CCR surface impoundment;
338	338	16 and
339	339	17 $75,000 for each CCR surface impoundment that have
340	340	18 not completed closure.
341	341	19 (2) Annual fees to the Agency, beginning on July 1,
342	342	20 2020, of:
343	343	21 $25,000 for each CCR surface impoundment that has
344	344	22 not completed closure; and
345	345	23 $15,000 for each CCR surface impoundment that has
346	346	24 completed closure, but has not completed post-closure
347	347	25 care.
348	348	26 (k) All fees collected by the Agency under subsection (j)
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359	359	1 shall be deposited into the Environmental Protection Permit
360	360	2 and Inspection Fund.
361	361	3 (l) The Coal Combustion Residual Surface Impoundment
362	362	4 Financial Assurance Fund is created as a special fund in the
363	363	5 State treasury. Any moneys forfeited to the State of Illinois
364	364	6 from any performance bond or other security required under
365	365	7 this Section shall be placed in the Coal Combustion Residual
366	366	8 Surface Impoundment Financial Assurance Fund and shall, upon
367	367	9 approval by the Governor and the Director, be used by the
368	368	10 Agency for the purposes for which such performance bond or
369	369	11 other security was issued. The Coal Combustion Residual
370	370	12 Surface Impoundment Financial Assurance Fund is not subject to
371	371	13 the provisions of subsection (c) of Section 5 of the State
372	372	14 Finance Act.
373	373	15 (m) The provisions of this Section shall apply, without
374	374	16 limitation, to all existing CCR surface impoundments and any
375	375	17 CCR surface impoundments constructed after July 30, 2019 (the
376	376	18 effective date of Public Act 101-171), except to the extent
377	377	19 prohibited by the Illinois or United States Constitutions.
378	378	20 (n) This subsection only applies to an owner or operator
379	379	21 of a facility that (i) has at least one CCR surface impoundment
380	380	22 and (ii) is an electric generating plant located within 4,000
381	381	23 feet of Lake Michigan.
382	382	24 CCR in all CCR surface impoundments subject to this
383	383	25 subsection, including CCR surface impoundments for which an
384	384	26 adjusted standard has been sought pursuant to Section 28.1,
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395	395	1 shall be closed by removal and off-site disposal, pursuant to
396	396	2 this Section, applicable Illinois Pollution Control Board
397	397	3 regulations, and the following provisions:
398	398	4 (1) CCR surface impoundments under this subsection are
399	399	5 not subject to the closure alternative analysis
400	400	6 requirement under subsection (d).
401	401	7 (2) Notwithstanding any other requirements of this
402	402	8 Section or Board rules or regulations, applications for
403	403	9 closure construction subject to this subsection shall be
404	404	10 submitted to the Agency within one year after the
405	405	11 effective date of this amendatory Act of the 103rd General
406	406	12 Assembly. Application requirements and permit issuance
407	407	13 procedures shall follow those adopted by the Illinois
408	408	14 Pollution Control Board under this Section.
409	409	15 (3) If the owner or operator of any CCR surface
410	410	16 impoundment subject to this subsection has submitted a
411	411	17 construction permit application to the Agency to close a
412	412	18 subject CCR surface impoundment by any method other than
413	413	19 removal under Part 845 of Title 35 of the Illinois
414	414	20 Administrative Code, the owner or operator shall submit an
415	415	21 amended construction permit application that complies with
416	416	22 the requirements of this Section within one year after the
417	417	23 effective date of this amendatory Act of the 103rd General
418	418	24 Assembly.
419	419	25 (4) Any permit issued by the Agency allowing a CCR
420	420	26 surface impoundment subject to this subsection to close in
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431	431	1 place shall be declared void. The Agency shall not issue
432	432	2 any operating permit or construction permit allowing
433	433	3 closure in place to the owner or operator of any CCR
434	434	4 surface impoundment subject to this subsection.
435	435	5 (Source: P.A. 101-171, eff. 7-30-19; 102-16, eff. 6-17-21;
436	436	6 102-137, eff. 7-23-21; 102-309, eff. 8-6-21; 102-558, eff.
437	437	7 8-20-21; 102-662, eff. 9-15-21; 102-813, eff. 5-13-22; revised
438	438	8 8-24-22.)
439	439	9 (415 ILCS 5/22.59a new)
440	440	10 Sec. 22.59a. Great Lakes CCR protection.
441	441	11 (a) The General Assembly finds that:
442	442	12 (1) The State has a long-standing policy to restore,
443	443	13 protect, and enhance the environment and has a particular
444	444	14 interest in preserving the quality of Lake Michigan, which
445	445	15 serves as a drinking water source for millions of State
446	446	16 residents and provides irreplaceable recreational,
447	447	17 ecological, and economic value to Illinois.
448	448	18 (2) CCR generated by the electric generating industry
449	449	19 has contaminated, and continues to contaminate, Lake
450	450	20 Michigan, and CCR placed in unlined deposits, including
451	451	21 deposits outside of CCR surface impoundments as well as in
452	452	22 CCR surface impoundments, continues to threaten the
453	453	23 quality of Lake Michigan's water.
454	454	24 (3) The purpose of this Section is to protect Lake
455	455	25 Michigan against further contamination from CCR.
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466	466	1 (b) This Section only applies to an owner or operator of a
467	467	2 facility that (i) generates or has generated CCR that is not
468	468	3 disposed of, treated, stored, or abandoned in a CCR surface
469	469	4 impoundment and (ii) is an electric generating plant located
470	470	5 within 4,000 feet of Lake Michigan.
471	471	6 (c) An owner or operator of a facility that is subject to
472	472	7 this Section shall remove from the owner's or operator's site,
473	473	8 for off-site disposal, all CCR generated by the facility that
474	474	9 is not disposed of, treated, stored, or abandoned in a CCR
475	475	10 surface impoundment, and remediate all soil and groundwater
476	476	11 impacted by that CCR, in accordance with the following:
477	477	12 (1) Within one year after the effective date of this
478	478	13 amendatory Act of the 103rd General Assembly, the owner or
479	479	14 operator shall conduct a site investigation and submit to
480	480	15 the Agency a site investigation report that identifies the
481	481	16 full extent of CCR at the site. The investigation and
482	482	17 report shall also identify the full extent of soil and
483	483	18 groundwater that, as a result of the CCR, exceeds the most
484	484	19 stringent remediation objectives adopted under Title XVII
485	485	20 of this Act.
486	486	21 (A) Within 5 days after submitting the report to
487	487	22 the Agency, the owner or operator shall post public
488	488	23 notice of the report's submission (i) on the owner or
489	489	24 operator's website, along with a copy of the report
490	490	25 for public viewing, and (ii) in a newspaper of general
491	491	26 distribution in the municipality where the applicable
492	492
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502	502	1 electric generating plant is located. The notice shall
503	503	2 be provided in English and Spanish and shall inform
504	504	3 the public of their right to submit comments on the
505	505	4 report to the Agency within 30 days after the date the
506	506	5 notice is published in the newspaper. The owner or
507	507	6 operator shall also maintain a copy of the report in a
508	508	7 public repository in the municipality where the
509	509	8 applicable electric generating plant is located for
510	510	9 public viewing, which shall be identified in the
511	511	10 public notice.
512	512	11 (B) Within 90 days after receipt of the site
513	513	12 investigation report, the Agency shall determine
514	514	13 whether the investigation and report comply with this
515	515	14 paragraph (1). In making its determination, the Agency
516	516	15 shall consider all public comments submitted within 30
517	517	16 days after the date of the newspaper notice required
518	518	17 under subparagraph (A).
519	519	18 (C) If the Agency determines the investigation and
520	520	19 report comply with this paragraph (1), it shall notify
521	521	20 the owner or operator in writing of its determination.
522	522	21 The owner or operator shall then submit a CCR removal
523	523	22 and remediation plan in accordance with paragraph (2).
524	524	23 (D) If the Agency determines the investigation or
525	525	24 report does not comply with this paragraph (1), it
526	526	25 shall notify the owner or operator in writing of its
527	527	26 determination and the reasons for the determination.
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538	538	1 The owner or operator shall then have 6 months to (i)
539	539	2 perform additional investigation or correct any
540	540	3 deficiencies and (ii) submit an amended site
541	541	4 investigation report to the Agency, which shall be
542	542	5 subject to the submission and review procedures set
543	543	6 forth in this paragraph (1).
544	544	7 (2) Within 6 months after the Agency's approval of the
545	545	8 site investigation report, the owner or operator shall
546	546	9 submit to the Agency a CCR removal and remediation plan
547	547	10 that will achieve the removal of all CCR at the site and
548	548	11 the remediation of all soil and groundwater that, as a
549	549	12 result of the CCR, exceeds the most stringent remediation
550	550	13 objectives adopted under Title XVII of this Act. The plan
551	551	14 shall include a schedule for completion of its major
552	552	15 milestones, along with the following:
553	553	16 (A) An analysis of the modes for transporting the
554	554	17 removed CCR off-site, including by rail, barge,
555	555	18 low-polluting trucks, or a combination of these
556	556	19 transportation modes.
557	557	20 (B) Removal of CCR consistent with 35 Ill. Adm.
558	558	21 Code 845.740 and 845.760.
559	559	22 (C) Within 5 days after submitting the plan to the
560	560	23 Agency, the owner or operator shall post public notice
561	561	24 of the plan's submission (i) on the owner or
562	562	25 operator's website, along with a copy of the plan for
563	563	26 public viewing, and (ii) in a newspaper of general
564	564
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574	574	1 distribution in the municipality where the applicable
575	575	2 electric generating plant is located. The notice shall
576	576	3 be provided in English and Spanish and shall inform
577	577	4 the public of their right to submit comments on the
578	578	5 plan to the Agency within 30 days after the date the
579	579	6 notice is published in the newspaper. The owner or
580	580	7 operator shall also maintain a copy of the report in a
581	581	8 public repository in the municipality where the
582	582	9 applicable electric generating plant is located for
583	583	10 public viewing, which shall be identified in the
584	584	11 public notice.
585	585	12 (D) Within 90 days after receipt of the plan, the
586	586	13 Agency shall determine whether the plan complies with
587	587	14 this paragraph (2). In making its determination, the
588	588	15 Agency shall consider all public comments submitted
589	589	16 within 30 days after the date of the newspaper notice
590	590	17 required under subparagraph (C).
591	591	18 (E) If the Agency determines the plan, with or
592	592	19 without Agency modifications, complies with this
593	593	20 paragraph (2), it shall notify the owner or operator
594	594	21 in writing of its determination. The owner or operator
595	595	22 shall then proceed with implementation of the plan,
596	596	23 including any modifications by the Agency, and
597	597	24 submission of a removal and remediation report in
598	598	25 accordance with paragraph (3).
599	599	26 (F) If the Agency determines the investigation or
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610	610	1 report does not comply with this paragraph (2), it
611	611	2 shall notify the owner or operator in writing of its
612	612	3 determination and the reasons for the determination.
613	613	4 The owner or operator shall then have 60 days to submit
614	614	5 an amended plan to the Agency, which shall be subject
615	615	6 to the submission and review procedures set forth in
616	616	7 subparagraphs (C) and (D).
617	617	8 (3) In accordance with a schedule approved by the
618	618	9 Agency, the owner or operator shall implement the
619	619	10 remediation plan and provide the Agency with updates on
620	620	11 the plan's implementation. Upon completion of the plan,
621	621	12 the owner or operator shall submit a completion report to
622	622	13 the Agency.
623	623	14 (A) Within 5 days after submitting an update or
624	624	15 the completion report to the Agency on plan
625	625	16 implementation, the owner or operator shall post
626	626	17 public notice of the report's submission (i) on the
627	627	18 owner or operator's website, along with a copy of the
628	628	19 report for public viewing, and (ii) in a newspaper of
629	629	20 general distribution in the municipality where the
630	630	21 applicable electric generating plant is located. The
631	631	22 notice shall be provided in English and Spanish and
632	632	23 shall inform the public of their right to submit
633	633	24 comments on the report to the Agency within 30 days
634	634	25 after the date the notice is published in the
635	635	26 newspaper. The owner or operator shall also maintain a
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646	646	1 copy of the report in a public repository in the
647	647	2 municipality where the applicable electric generating
648	648	3 plant is located for public viewing, which shall be
649	649	4 identified in the public notice.
650	650	5 (B) Within 90 days after receipt of the completion
651	651	6 report, the Agency shall determine whether the removal
652	652	7 and remediation has resulted in (i) the removal of all
653	653	8 CCR at the site and (ii) the remediation of all soil
654	654	9 and groundwater that, as a result of the CCR, exceeds
655	655	10 the most stringent remediation objectives adopted
656	656	11 under Title XVII of this Act. In making its
657	657	12 determination, the Agency shall consider all public
658	658	13 comments submitted within 30 days after the date of
659	659	14 the newspaper notice required under subparagraph (A).
660	660	15 (C) If the Agency determines that the required
661	661	16 removal and remediation is complete, it shall notify
662	662	17 the owner or operator in writing of its determination.
663	663	18 (D) If the Agency determines that the required
664	664	19 removal and remediation is not complete, it shall
665	665	20 notify the owner or operator in writing of its
666	666	21 determination and the reasons for the determination.
667	667	22 The owner or operator shall then continue removal or
668	668	23 remediation, and submit reports to the Agency, in
669	669	24 accordance with a schedule established by the Agency.
670	670	25 Reports shall be subject to the submission and review
671	671	26 procedures set forth in subparagraphs (A) and (B). If
672	672
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682	682	1 necessary, the owner or operator may amend the plan
683	683	2 and submit it for review and approval in accordance
684	684	3 with paragraph (2).
685	685	4 (d) Except for the State, its agencies and institutions, a
686	686	5 unit of local government, or a not-for-profit electric
687	687	6 cooperative as defined in Section 3.4 of the Electric Supplier
688	688	7 Act, an owner or operator shall post with the Agency a
689	689	8 performance bond or other security for the purpose of ensuring
690	690	9 removal and remediation in accordance with this Section. The
691	691	10 only acceptable forms of financial assurance are the forms of
692	692	11 financial assurance that are acceptable for CCR surface
693	693	12 impoundments under Section 22.59.
694	694	13 (e) The Agency may enter into such contracts and
695	695	14 agreements as it deems necessary to carry out the purposes of
696	696	15 this Section. Neither the State, nor the Director of the
697	697	16 Agency, nor any State employee shall be liable for any damages
698	698	17 or injuries arising out of or resulting from any action taken
699	699	18 under this Section.
700	700	19 (f) The Agency may approve or disapprove any performance
701	701	20 bond or other security posted under this Section. Any person
702	702	21 whose performance bond or other security is disapproved by the
703	703	22 Agency may contest the disapproval as a permit denial appeal
704	704	23 pursuant to Section 40.
705	705	24 Section 97. Severability. The provisions of this Act are
706	706	25 severable under Section 1.31 of the Statute on Statutes.
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717	717	1 Section 99. Effective date. This Act takes effect upon
718	718	2 becoming law.
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