SB 9

Abstract

Creates the Coal Ash Cleanup and Storage Act. Provides a short title only. Senate Committee Amendment No. 1 Adds reference to: 415 ILCS 5/3.135 was 415 ILCS 5/3.94 Replaces everything after the enacting clause. Creates the Coal Ash Pollution Prevention Act. Tasks the Environmental Protection Agency with enforcing the Act's provisions. Provides that specified coal combustion residual (CCR) units shall close. Provides that an owner or operator of a CCR unit required to close by removal shall, within 6 months of the Act's effective date, halt the placement of CCR in those CCR units and begin removal of the CCR in those CCR units. Provides that those owners or operators shall complete the removal of CCR from the CCR unit no later than 15 years after initiating the closure process at that CCR unit. Requires the submission by an owner or operator of a CCR unit of specified documentation to the Agency within 60 days of the Act's effective date. Provides that an operator of any CCR unit required to close by removal shall submit a closure plan to the Agency within 90 days after the Act's effective date. Specifies what shall be included in the closure plan. Provides requirements for Agency approval of a closure plan. Provides that an entity conducting closure activities shall utilize local labor and ensure that the work is performed by responsible contractors and subcontractors that pay workers the prevailing wage and fair benefits. Provides requirements for the transport of CCR, including manifests with specified information regarding the CCR being transported and a transport plan with specified requirements. Provides that no CCR that is removed from a CCR unit may be transported without a CCR transport permit approved by the Agency. Provides that no CCR removed from a CCR unit may be disposed of in a landfill off of the property on which the CCR unit is located without approval from the Agency. Provides that no CCR removed from any CCR unit may be beneficially used in Illinois unless the Agency has issued a beneficial use permit for that CCR. Provides that on or before October 1, 2022, and on October 1 of each even-numbered year thereafter until closure of all of a facility's CCR units is complete, the operator of a CCR unit shall compile a closure progress report. Provides that an owner or operator of a CCR unit from which CCR is required to be removed shall, within one year of the effective date of the Act, conduct a comprehensive evaluation of the extent of CCR pollution of groundwater, surface water, and soils at any property surrounding the property on which a CCR unit is located. Provides public notice, comment, and hearing requirements for applications, permits, plans, and reports submitted under the Act. Provides that an owner or operator of a CCR unit located in Illinois is required to provide and maintain financial assurance for closure and corrective action. Provides that, beginning 18 months after the Act's effective date, no CCR generated in Illinois may be treated, stored, or disposed of in a CCR surface impoundment or unlined CCR landfill. Contains provisions regarding violation of the Act and resulting civil penalties, criminal fines, or injunctive relief. Provides requirements for various applications, permits, plans, and reports submitted under the Act. Amends the Environmental Protection Act. Removes language providing that a "coal combustion by-product" (CCB) is a coal combustion waste when used beneficially in specified ways. Removes language restricting specified uses of coal combustion waste as a CCB. Removes language regarding beneficial use determinations of CCB. Makes other changes. Provides that the Act's provisions are severable. Effective immediately. Senate Floor Amendment No. 3 Deletes reference to: New Act 415 ILCS 5/3.135 Adds reference to: 415 ILCS 5/3.140 was 415 ILCS 5/3.76 415 ILCS 5/3.142 new 415 ILCS 5/3.143 new 415 ILCS 5/21 from Ch. 111 1/2, par. 1021 415 ILCS 5/22.59 new 415 ILCS 5/39 from Ch. 111 1/2, par. 1039 415 ILCS 5/40 from Ch. 111 1/2, par. 1040 30 ILCS 105/5.891 new Replaces everything after the enacting clause. Amends the Environmental Protection Act. Requires a permit for persons conducting any waste-storage, waste-treatment, or waste-disposal operation on CCR surface impoundments. Prohibits persons from performing any specified actions that may cause or tend to cause a violation of the Act. Requires the owner of a CCR surface impoundment to submit to the Agency for approval a closure alternatives analysis. Exempts owners or operators of CCR surface impoundments that have completed closure in accordance with a plan approved by the Agency prior to 12 months after the amendatory Act's effective date from obtaining a construction permit for the surface impoundment closure. Provides that the owner of a CCR surface impoundment shall post all closure plans, permit applications, and supporting documentation, and any Agency approval of the plans or applications on its publicly available website. Requires the owner or operator of a CCR surface impoundment to pay the following fees: an initial fee of $50,000 for closed CCR surface impoundments or $75,000 for CCR surface impoundments that have not completed closure; and annual fees of 25,000 for each CCR surface impoundment that has not completed closure or $15,000 for each CCR surface impoundment that has completed closure but has not completed post-closure care. Requires any monies forfeited to the State from any performance bond or other security required under the amendatory Act's provisions to be placed in the Coal Combustion Residual Surface Impoundment Financial Assurance Fund. Allows the Agency to issue RCRA permits exclusively to persons owning or operating a CCR surface impoundment. Requires a permit applicant to make available to the public for inspection all documents submitted by the applicant to the Agency in furtherance of an application, with the exception of trade secrets, at the office of the county board or governing body of the municipality where CCR from the CCR surface impoundment will be permanently disposed. Makes other changes. Amends the State Finance Act. Creates the Coal Combustion Residual Surface Impoundment Financial Assurance Fund. Effective immediately. Senate Floor Amendment No. 4 Makes changes to the bill as amended by Senate Amendment No. 3 to require owners and operators of CCR surface impoundments to have submitted a closure plan to the Agency by May 1, 2019 (currently, May 31, 2019) and to have completed closure prior to 24 months (currently, 12 months) after the amendatory Act's effective date in order to be exempt from obtaining a construction permit.