Bill Text: IL SB3073 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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 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.

Spectrum: Partisan Bill (Democrat 34-0)

Status: (Engrossed - Dead) 2022-04-11 - Rule 19(a) / Re-referred to Rules Committee [SB3073 Detail]

Download: Illinois-2021-SB3073-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3073 Introduced 1/11/2022, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
415 ILCS 5/22.59a new
Amends the Environmental Protection Act. Provides that all CCR generated by the electric generating industry located in a municipality bordering Lake Michigan with greater than 75,000 inhabitants but fewer than 150,000 inhabitants shall be removed from the site. Provides that, notwithstanding any other provision of law, the amendatory provisions do not impact any financial obligation arising before their effective date. Effective immediately.
LRB102 23422 CPF 32591 b
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
adding Section 22.59a as follows:
(415 ILCS 5/22.59a new)
Sec. 22.59a. Great Lakes CCR protection.
(a) The General Assembly finds that:
(1) The State has a long-standing policy to restore,
protect, and enhance the environment, and has a particular
interest in preserving the quality of Lake Michigan, which
serves as a drinking water source for millions of State
residents and provides irreplaceable recreational,
ecological, and economic value to Illinois.
(2) CCR generated by the electric generating industry
has contaminated, and continues to contaminate, Lake
Michigan, and CCR placed in unlined deposits, including
deposits outside of CCR surface impoundments as well as in
CCR surface impoundments, continues to threaten the
quality of Lake Michigan's water.
The purpose of this Section is to protect Lake Michigan
against further contamination from CCR.
(b) All CCR generated by the electric generating industry

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located in a municipality bordering Lake Michigan with greater
than 75,000 inhabitants but fewer than 150,000 inhabitants,
based on 2020 census data, shall be removed from the site as
follows:
(1) CCR in all CCR surface impoundments and any CCR
deposits for which an adjusted standard has been sought
pursuant to Section 28.1 shall be closed by removal,
pursuant to the procedures set out in Section 22.59 and
implementing regulations under 35 Ill. Adm. Code Part 845,
notwithstanding any operating or construction permit
application submitted to the Agency or any permit granted
by the Agency under Part 845 of Title 35 of the Illinois
Administrative Code. Any permit application or permit
allowing a CCR surface impoundment subject to this Section
to close in place shall be declared void by the Agency. If
the owner or operator of any CCR surface impoundment
subject to this Section has submitted a construction
permit application to the Agency to close a subject CCR
surface impoundment by any method other than removal under
Part 845 of Title 35 of the Illinois Administrative Code,
the owner or operator shall submit an amended construction
permit application that complies with the requirements of
this Section.
(2) The owner or operator of any electric generating
unit shall conduct a site investigation sufficient to
identify and characterize the scope and extent of all CCR

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placed, stored, or disposed outside of CCR surface
impoundments at the facility. Within one year of the
effective date of this amendatory Act of the 102nd General
Assembly, the owner or operator shall propose the site
investigation in a construction permit application
following the procedures for construction permits under
Section 22.59, subsection (y) of Section 39, and 35 Ill.
Adm. Code Part 845. The Agency shall grant, grant with
conditions, or deny the permit application in accordance
with those procedures within 6 months of receipt of a
complete application. If the Agency denies the
application, the owner or operators of the electric
generating unit must fix all deficiencies identified by
the Agency and submit a corrected permit application
within 3 months of the denial.
(3) The owner or operator must complete the site
investigation set out in this subsection (b) within one
year of the Agency's issuance of the permit.
(4) Within 6 months of completing the site
investigation, the owner or operator of an electric
generating unit shall submit a construction permit
application to the Agency, which shall be evaluated,
granted, or denied by the Agency following the procedures
for construction permits under Section 22.59, subsection
(y) of Section 39, and 35 Ill. Adm. Code Part 845. The
Agency may grant such permit application only if it

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proposes to remove all CCR outside of CCR surface
impoundments from the site consistent with the procedures
set out in 35 Ill. Adm. Code Part 845 for closure by
removal.
(5) If the Agency grants or denies a permit under this
Section, a third party, other than the permit applicant or
the Agency, may petition the Board within 35 days from the
date of issuance of the Agency's decision, for a hearing
to contest the decision of the Agency. If the Board
determines that the petition is not duplicative or
frivolous, the Board shall hear the petition (i) in
accordance with the terms of subsection (a) of Section 40
as well as the procedural rules governing permit appeals,
and (ii) exclusively on the basis of the record before the
Agency. The burden of proof shall be on the petitioner.
(c) Notwithstanding any other provision of law, this
Section does not impact any financial obligation arising
before the effective date of this amendatory Act of the 102nd
General Assembly, including, but not limited to, any financial
obligation imposed or impacted by any change to this Act made
by Public Act 101-171.
Section 99. Effective date. This Act takes effect upon
becoming law.