Bill Text: IL SB0863 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Illinois Premise Alert Program (PAP) Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-03 - Third Reading - Lost; 019-030-001 [SB0863 Detail]

Download: Illinois-2011-SB0863-Amended.html

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Sen. Terry Link

Filed: 4/11/2011

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AMENDMENT TO SENATE BILL 863
AMENDMENT NO. ______. Amend Senate Bill 863 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Waukegan Harbor Remedy Facilitation Act.
Section 5. Findings. The General Assembly finds:
(a) The Waukegan Port District is a political subdivision,
body politic, and municipal corporation created pursuant to the
Waukegan Port District Act.
(b) The United States Environmental Protection Agency has
made a decision to further remediate the Waukegan Harbor under
the provisions of the Comprehensive Environmental Response
Compensation and Liability Act, 42 U.S.C.A. §§9601-9675
(CERCLA). The remediation plan is to hydraulically dredge
sediment from the harbor. The dredged material is to be placed
into a cell for permanent containment. The sediments to be

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dredged would include low-level poly-chlorinated biphenyl
contamination.
(c) The cost of on land transport and permanent on land
disposal is significantly higher than originally anticipated
by the United States, even though the materials are not
regarded as toxic or RCRA hazardous wastes.
(d) The Waukegan Port District, in cooperation with the
United States Environmental Protection Agency, the United
States Secretary of Defense, acting through the U.S. Army Corps
of Engineers, the State of Illinois Department of Natural
Resources, the Illinois Environmental Protection Agency, the
City of Waukegan, and other agencies and persons has developed
a plan that would benefit the public and the environment by
allowing the further remediation of the Waukegan Harbor, while
providing an additional recreational facility for boating,
fishing, and other recreation.
(e) The construction of a permanent confined disposal
facility (CDF) on approximately 14 acres more or less adjacent
to the current South Harbor mooring areas of the Waukegan
Harbor is a potential alternative for PCB sediment disposal
that would be cost-effective in allowing the dredgings from
Waukegan Harbor to be permanently enclosed and sealed from
exposure to people, marine life, and the environment.
(f) The further enhancement of Waukegan Harbor by the
construction of a permanent CDF in the identified area is in
the public interest. Enabling the further remediation of

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Waukegan Harbor to include the provision and use of a confined
disposal facility as authorized under this Act would be of
great and direct public benefit.
(g) There would be a net benefit to the public by keeping
the contaminated soils and sediments that are already in Lake
Michigan from further contamination of open waters and also
from threatening any on shore release or exposure. Recreational
use to be made of the top of the confined and filled area would
be of significant public benefit, as well.
(h) No substantial benefit is conferred upon a private
interest or firm by reason of the approval of the CDF
construction, because the Waukegan Port District is a public
body whose activity is for the public benefit and because the
contamination in soils and sediments to be disposed of was
caused by Outboard Marine Corporation, a bankrupt and defunct
concern. Most of the cost of construction of the remedy,
including the CDF, will be borne by the United States.
(i) The use of CDFs has already successfully occurred
elsewhere on the Great Lakes, including at Calumet Harbor in
Illinois, Milwaukee Harbor in Wisconsin, and in Canadian
waters. There is a successful confinement in former slip number
3 at Waukegan Harbor, and others are planned.
(j) The CDF will further benefit the public by providing
new habitat for natural marine, bird, and other life along its
edges, and its top would become a functional space supporting
additional mooring, fishing, and other recreation.

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(k) The use of the designated area as a CDF will provide
financial savings to the State of Illinois of an estimated
several million dollars through credit for the in-kind
provision of the CDF land for the Harbor's further remedy. CDF
disposal will also significantly reduce the cost for the United
States.
(l) Irrespective of whether the CDF is used to contain the
low level PCB dredging, a CDF and associated breakwater
construction will allow the Waukegan Port District to
economically provide additional recreational boating and
fishing opportunity to the general public by dredging and
filling the CDF with uncontaminated sediments for an expanded
marina area.
(m) Final decisions on the components of the Waukegan
Harbor further remediation are the responsibility of the United
States Environmental Protection Agency (USEPA) pursuant to
CERCLA.
(n) Provision of the lakebed land for construction of the
CDF authorized by this Act is in the public interests and
consistent with the public trust.
Section 10. Authorization and use of a confined disposal
facility.
(a) The CDF may be constructed by the United States if the
United States determines that use of the CDF for permanent
disposal of low-level PCB sediments is to be part of the

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further remediation of Waukegan Harbor.
(b) If the USEPA decides to employ a CDF at Waukegan Harbor
for its further remediation pursuant to CERCLA, the Department
of Natural Resources is directed to review and to determine, in
cooperation with USEPA and the Waukegan Port District, the
location of the approximately 14-acre area upon which a CDF
shall be best placed.
(c) The Department of Natural Resources shall also receive
and act appropriately to grant permission to the Waukegan Port
District or the United States to construct a breakwater wall
that will be designed to protect moored vessels and the CDF
from heavy wave action or seiche action on Lake Michigan.
(d) Under Section 18 of the Rivers, Lakes, and Streams Act,
the building of a harbor or mooring facility shall not commence
without a permit from the Department of Natural Resources, and
the facilities shall be confined to those areas recommended by
the Department of Natural Resources, authorized by the General
Assembly, and approved by the Governor and shall be in aid of
and not an interference with the public interest or navigation.
(e) The Department of Natural Resources is also authorized
to allow the establishment of moorings, boat slips, dockage,
and other improvements by the Waukegan Port District in the
area generally to be within the partly sheltered waters formed
by the new breakwater and the CDF, east of the existing South
Harbor and south of the entrance channel, provided acceptable
permit applications are submitted by the Waukegan Port

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District.
(f) The jurisdiction and control of the Department of
Natural Resources over the bed of Lake Michigan under the
Rivers, Lakes, and Streams Act shall not be diminished or
limited by the authorization and approval granted under this
Act, title to the bed of Lake Michigan in both the harbor and
mooring area shall remain in the State of Illinois, and no
improvements, other than those authorized and approved
pursuant to this Act, shall be made without the further
authorization and approval of the Department.
Section 15. Power and Duties.
(a) Subject to the Waukegan Port District obtaining all
required permissions, the Waukegan Port District is authorized
to expand its existing South Harbor boating and recreational
facilities to the east, south of the existing channel
breakwater, to include new boat slips, a new breakwater,
suitable public recreational space, ancillary boating service,
and other suitable improvements atop of the enclosed surface
area of a CDF.
(b) The Waukegan Port District shall continue to cooperate
with the United States as it deems reasonable and appropriate
respecting the Waukegan Harbor further remediation. The
Waukegan Port District may contract with the United States for
operation and maintenance obligations respecting the CDF,
provided that the United States assumes any and all liability

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for the construction, maintenance, and operation of the CDF or,
alternatively, provided the United States extends to the State
of Illinois and Waukegan Port District contribution protection
under CERCLA and other protection acceptable to the Waukegan
Port District and the State from all claims arising from the
construction, maintenance, and operation of the CDF.
(c) The expanded South Harbor facilities shall otherwise be
managed and maintained in accordance with the Waukegan Port
District Act.
Section 99. Effective date. This Act takes effect upon
becoming law.".