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| Public Act 102-1017
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| SB3626 Enrolled | LRB102 22745 SPS 31891 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Solid Waste Site Operator Certification Law |
is amended by changing Sections 1004, 1005, 1006, 1007, 1009, |
1010, and 1011 as follows:
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(225 ILCS 230/1004) (from Ch. 111, par. 7854)
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Sec. 1004. Prohibition. Beginning January 1, 1992, no |
person shall
cause or allow the operation of a landfill |
permitted or required to be
permitted by the Agency unless the |
landfill has on its operational staff at
least one natural |
person certified as competent by the Agency under the
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provisions of this Act.
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(a) For landfill sites which accept non-hazardous solid |
waste other than
clean construction or demolition debris, the |
landfill shall have a Class A
Solid Waste Site Operator |
certified by the Agency who is responsible for
directing |
landfill operations or supervising other operational staff in
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performing landfill operations.
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(b) (Blank). For landfill sites which accept only clean |
construction or
demolition debris, the landfill shall have a |
Class A or B Solid Waste Site
Operator certified by the Agency |
who is responsible for directing landfill
operations or |
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supervising other operational staff in performing landfill
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operations.
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(c) For landfill sites which accept special waste, the |
landfill shall
have a Class A Solid Waste Site Operator |
certified by the Agency who has
received a certification |
endorsement for the acceptance of special waste
and who is |
responsible for directing landfill operations or supervising
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other operational staff in performing landfill operations.
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(Source: P.A. 86-1363.)
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(225 ILCS 230/1005) (from Ch. 111, par. 7855)
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Sec. 1005. Agency authority. The Agency is authorized to |
exercise
the following functions, powers and duties with |
respect to solid waste site
operator certification:
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(a) To conduct examinations, as well as to approve the |
use of examinations conducted by third parties, to |
ascertain the qualifications of applicants
for |
certificates of competency as solid waste site operators;
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(b) To conduct courses of training on the practical |
aspects of the design,
operation and maintenance of |
sanitary landfills;
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(c) To issue a certificate to any applicant who has |
satisfactorily met all
the requirements pertaining to a |
certificate of competency as a solid waste
site operator;
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(d) To suspend, revoke or refuse to issue any |
certificate for any one or
any combination of the |
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following causes:
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(1) The practice of any fraud or deceit in |
obtaining or attempting to
obtain a certificate of |
competency;
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(2) Negligence or misconduct in the operation of a |
sanitary landfill;
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(3) Repeated failure to comply with any of the |
requirements applicable
to the operation of a sanitary |
landfill, except for Board requirements
applicable to |
the collection of litter;
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(4) Repeated violations of federal, State or local |
laws, regulations,
standards, or ordinances regarding |
the operation of refuse disposal
facilities or sites;
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(5) For a holder of a certificate, conviction in |
this or another State of any crime which is a felony
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under the laws of this State or conviction of a felony |
in a federal court; for an applicant, consideration of |
such conviction shall be in accordance with Section |
1005-1;
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(6) Proof of gross carelessness or incompetence in |
handling, storing,
processing, transporting, or |
disposing of any hazardous waste; or
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(7) Being declared to be a person under a legal |
disability by a court
of competent jurisdiction and |
not thereafter having been lawfully declared
to be a |
person not under legal disability or to have |
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recovered.
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(e) To adopt rules necessary to perform its functions, |
powers, and duties
with respect to solid waste site |
operator certifications.
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(Source: P.A. 100-286, eff. 1-1-18.)
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(225 ILCS 230/1006) (from Ch. 111, par. 7856)
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Sec. 1006. Certification classifications. Solid Waste Site |
Operators
shall be certified in accordance with the following |
classifications:
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(a) Class "A" Solid Waste Site Operator certificates shall |
be issued to
those persons who in accordance with the |
provisions of this Section
demonstrate a practical working |
knowledge of the design, operation, and
maintenance of |
sanitary landfills in the following areas:
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(1) unloading, spreading, and compacting of waste, |
litter collection,
and vector abatement;
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(2) traffic control of vehicles delivering waste;
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(3) application, maintenance, and inspection of cover |
and cover
requirements under Board rules and Agency |
permits;
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(4) fire control, on-site personnel safety |
requirements, and
contingency plan implementation;
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(5) leachate control operation, leachate management, |
and landfill
gas management;
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(6) identification of classes of waste;
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(7) causes for revocation or suspension of |
certificates;
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(8) reporting and recordkeeping required by Board and |
Agency
regulations and Agency permits;
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(9) financial assurance and groundwater monitoring |
requirements;
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(10) development and implementation of contingency |
plans, closure
plans, post closure plans, and corrective |
action; and
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(11) requirements for payment of fees.
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(b) (Blank). Class "B" Solid Waste Operator Certificates |
shall be issued to those
persons who demonstrate a practical |
working knowledge of the design,
operation, and maintenance of |
landfill sites accepting only clean
construction or demolition |
debris in the following areas:
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(1) unloading and spreading of waste;
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(2) traffic control of vehicles delivering waste;
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(3) application, maintenance, and inspection of cover |
and cover
requirement under Board rules and Agency |
permits;
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(4) fire control, on-site personnel safety segments |
and contingency
plan implementation;
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(5) leachate control operation and leachate |
management;
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(6) identification of classes of waste;
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(7) causes for revocation or suspension of |
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certificates;
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(8) reporting and recordkeeping required by Board and |
Agency
regulations and Agency permits;
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(9) financial assurance and groundwater requirements; |
and
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(10) development and implementation of contingency |
plans, closure
plans, post closure plans, and corrective |
action.
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(c) Special waste certificate endorsements shall be issued |
to those
persons who are certified as Class A Solid Waste Site |
Operators in
accordance with the provisions of this Section, |
and who demonstrate a
practical working knowledge of the |
design, operation, and maintenance of
sanitary landfills |
relative to the acceptance and disposal of special wastes.
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(Source: P.A. 86-1363.)
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(225 ILCS 230/1007) (from Ch. 111, par. 7857)
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Sec. 1007. Qualifications. Every solid waste site operator |
certified
by the Agency shall be capable of performing his |
duties without endangering
the public health or the |
environment and without violating the requirements
applicable |
to operation of sanitary landfills; shall be able to read and
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write English; shall produce evidence acceptable to the Agency |
as to his
ability to maintain and operate properly the |
structures and equipment
entrusted to his care; and shall |
satisfactorily demonstrate to the Agency a
practical working |
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knowledge of the design, operation, and maintenance of
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sanitary landfills appropriate to the classification for which
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certification is sought. In addition, persons shall be |
certified as Class
"A" or Class "B" based on level of |
competency determined by examination and
in accordance with |
educational and experience levels as follows:
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(a) Class "A" Certificates.
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(1) Graduation from high school or equivalent and not |
less than 2
years of acceptable study, training, and |
responsible experience in sanitary
landfill operation or |
management, or not less than 7 years of acceptable
study |
training and responsible experience in operation or |
management of
earth moving equipment; or
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(2) Grammar school completion or equivalent and not |
less than 15 years
of acceptable study, training, and |
responsible experience in sanitary
landfill operation or |
management.
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(b) Class "B" Certificates.
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(1) Graduation from high school or equivalent and not |
less than 6
months of acceptable study, training, and |
responsible experience in
sanitary landfill operation or |
management, or not less than 3 years of
acceptable study |
training and responsible experience in operation or
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management of earth moving equipment; or
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(2) Grammar school completion or equivalent and not |
less than 5 years
of acceptable study, training, and |
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responsible experience in sanitary
landfill operation or |
management.
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(Source: P.A. 86-1363.)
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(225 ILCS 230/1009) (from Ch. 111, par. 7859)
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Sec. 1009. Examinations.
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(a) Applicants shall undergo examinations Examinations |
provided or approved by the Agency
shall be given to |
applicants for the purpose of determining if the
applicants |
can demonstrate a practical working knowledge of the design,
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operation, and maintenance of sanitary landfills appropriate |
to the
classification for which certification is sought. No |
certificate shall be
issued prior to successful completion of |
the applicable examination.
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(b) Examinations shall be conducted or approved by the |
Agency, and shall be held not
less frequently than annually. |
The Agency shall maintain on its website information regarding |
the examinations , at times and places prescribed by the
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Agency, of which applicants shall be notified in writing.
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(Source: P.A. 86-1363.)
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(225 ILCS 230/1010) (from Ch. 111, par. 7860)
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Sec. 1010. Certificates.
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(a) The Solid Waste Site Operator
Certificate shall |
certify the competency of the applicant within the class
of |
the certificate issued, and shall show the full name of the |
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applicant,
have an identifying number, and be signed by the |
Director.
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(b) Certificates shall be issued for a period of 3 years, |
with the
expiration date being 3 years from the first day of |
October of the calendar
year in which the certificate is |
issued.
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(c) Every 3 years, on or before the October 1 expiration, a |
certified
solid waste site operator shall renew his |
certificate of competency and pay
the required renewal fee. A |
grace period for renewal will be granted until
November 1 of |
that year before the reinstatement penalty is assessed.
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(d) At the time of certificate renewal, the applicant |
shall certify the completion of 15 hours of continuing |
education covering the operation of landfills during the |
preceding 3 years. Continuing education used to satisfy this |
subsection must be approved by the Agency and must cover the |
design, operation, and maintenance of sanitary landfills as |
set forth in Section 1006 of this Act, and for certificates |
that include a special waste endorsement, continuing education |
must cover the operation of landfills relative to the |
acceptance and disposal of special wastes demonstrate
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competency in the same manner as a new applicant.
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(Source: P.A. 86-1363.)
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(225 ILCS 230/1011) (from Ch. 111, par. 7861)
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Sec. 1011. Fees.
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(a) Fees for the issuance or renewal of a Solid
Waste Site |
Operator Certificate shall be as follows:
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(1)(A) $400 for issuance or renewal for Class A Solid |
Waste Site
Operators; |
(B) (blank); and $200 for issuance or renewal for |
Class B Solid Waste Site
Operators; and |
(C) $100 for issuance or renewal for special waste |
endorsements.
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(2) If the fee for renewal is not paid within the grace |
period the
above fees for renewal shall each be increased by $ |
50.
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(b) (Blank). Before the effective date of this amendatory |
Act of the 98th General Assembly, all fees collected by the |
Agency under this Section shall be
deposited into the |
Hazardous Waste Occupational Licensing Fund. The Agency
is |
authorized to use monies in the Hazardous Waste Occupational |
Licensing Fund to perform its functions, powers,
and duties |
under this Section.
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(c) All On and after the effective date of this amendatory |
Act of the 98th General Assembly, all fees collected by the |
Agency under this Section shall be deposited into the |
Environmental Protection Permit and Inspection Fund to be used |
in accordance with the provisions of subsection (a) of Section |
22.8 of the Environmental Protection Act. |
(Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)
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Section 10. The Illinois Oil and Gas Act is amended by |
changing Sections 1, 8c, 14, and 19.7 and by adding Section 8e |
as follows:
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(225 ILCS 725/1) (from Ch. 96 1/2, par. 5401)
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Sec. 1.
Unless the context otherwise requires, the words |
defined in this
Section have the following meanings as used in |
this Act.
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"Person" means any natural person, corporation, |
association,
partnership, governmental agency or other legal |
entity, receiver, trustee,
guardian, executor, administrator, |
fiduciary or representative of any kind.
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"Oil" means natural crude oil or petroleum and other |
hydrocarbons,
regardless of gravity, which are produced at the |
well in liquid form by
ordinary production methods or by the |
use of an oil and gas separator and
which are not the result of |
condensation of gas after it leaves the
underground reservoir.
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"Gas" means all natural gas, including casinghead gas, and |
all other
natural hydrocarbons not defined above as oil.
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"Pool" means a natural, underground reservoir containing |
in whole or in
part, a natural accumulation of oil or gas, or |
both. Each productive zone
or stratum of a general structure, |
which is completely separated from any
other zone or stratum |
in the structure, is deemed a separate "pool" as used
herein.
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"Field" means the same general surface area which is |
underlaid or
appears to be underlaid by one or more pools.
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"Permit" means the Department's written authorization |
allowing a well
to be drilled, deepened, converted, or |
operated by an owner.
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"Permittee" means the owner holding or required to hold |
the
permit, and
who is also responsible for paying assessments |
in accordance with Section
19.7 of this Act and, where |
applicable, executing and filing the bond
associated with the |
well as principal and who is responsible for compliance
with |
all statutory and regulatory requirements pertaining to the |
well.
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When the right and responsibility for operating a well is |
vested in a
receiver or trustee appointed by a court of |
competent jurisdiction, the
permit shall be issued to the |
receiver or trustee.
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"Orphan Well" means a well for which: (1) no fee |
assessment under
Section 19.7 of this Act has been paid or no |
other bond coverage has been
provided for 2 consecutive years; |
(2) no oil or gas has been produced from
the well or from the |
lease or unit on which the well is located for 2
consecutive |
years; and (3) no permittee or owner can be identified or
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located by the Department. Orphaned wells include wells that |
may have been
drilled for purposes other than those for which a |
permit is required under
this Act if the well is a conduit for |
oil or salt water intrusions into
fresh water zones or onto the |
surface which may be caused by oil and gas
operations.
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"Owner" means the person who has the right to drill into |
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and produce
from any pool, and to appropriate the production |
either for the person or for
the person and another, or others, |
or solely for others, excluding the
mineral owner's royalty if
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the right to drill and produce has been granted under an oil |
and gas lease.
An owner may also be a person granted the right |
to drill and operate an
injection (Class II UIC) well |
independent of the right to drill for and produce
oil or gas. |
When the right to drill, produce, and appropriate production |
is
held by more than one person, then all persons holding these |
rights may
designate the owner by a written operating |
agreement or similar written
agreement. In the absence of such |
an agreement, and subject to the provisions
of Sections 22.2 |
and 23.1 through 23.16 of this Act, the owner shall be the
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person designated in writing by a majority in interest of the |
persons holding
these rights.
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"Department" means the Department of Natural Resources.
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"Director" means the Director of Natural Resources.
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"Mining Board" means the State Mining Board in the |
Department of Natural
Resources, Office of Mines
and Minerals.
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"Mineral Owner's Royalty" means the share of oil and gas |
production
reserved in an oil and gas lease free of all costs |
by an owner of the
minerals whether denominated royalty or |
overriding royalty.
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"Waste" means "physical waste" as that term is generally |
understood in
the oil and gas industry, and further includes:
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(1) the locating, drilling, and producing of any oil |
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or gas well or wells
drilled contrary to the valid order, |
rules and regulations adopted by the
Department under the |
provisions of this Act;
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(2) permitting the migration of oil, gas, or water |
from the stratum in
which it is found, into other strata, |
thereby ultimately resulting in the
loss of recoverable |
oil, gas or both;
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(3) the drowning with water of any stratum or part |
thereof capable of
producing oil or gas, except for |
secondary recovery purposes;
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(4) the unreasonable damage to underground, fresh or |
mineral water
supply, workable coal seams, or other |
mineral deposits in the operations
for the discovery, |
development, production, or handling of oil and gas;
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(5) the unnecessary or excessive surface loss or |
destruction of oil or
gas resulting from evaporation, |
seepage, leakage or fire, especially such
loss or |
destruction incident to or resulting from the escape of |
gas into
the open air in excessive or unreasonable |
amounts, provided, however,
it shall not be unlawful for |
the operator
or owner of any well producing both oil and |
gas to burn such gas in flares
when such gas is, under the |
other provisions of this Act, lawfully
produced, and where |
there is no market at the well for such escaping gas;
and |
where the same is used for the extraction of casinghead |
gas, it shall
not be unlawful for the operator of the plant |
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after the process of
extraction is completed, to burn such |
residue in flares when there is no
market at such plant for |
such residue gas;
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(6) permitting unnecessary fire hazards;
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(7) permitting unnecessary damage to or destruction of |
the surface,
soil, animal, fish or aquatic life or |
property from oil or gas operations.
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"Drilling Unit" means the surface area allocated by an |
order or
regulation of the Department to the drilling of a |
single well for the
production of oil or gas from an individual |
pool.
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"Enhanced Recovery Method" means any method used in an |
effort to
recover hydrocarbons from a pool by injection of |
fluids, gases or other
substances to maintain, restore or |
augment natural reservoir energy, or by
introducing immiscible |
or miscible gases, chemicals, other substances or
heat or by |
in-situ combustion, or by any combination thereof.
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"Well-Site Equipment" means any production-related |
equipment or materials
specific to the well, including motors, |
pumps, pump jacks, tanks, tank
batteries, separators, |
compressors, casing, tubing, and rods.
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"Temporary abandonment status" means a well that has |
received an authorization for temporary abandonment status |
from the Department. |
(Source: P.A. 99-78, eff. 7-20-15.)
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(225 ILCS 725/8c) (from Ch. 96 1/2, par. 5414.1)
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Sec. 8c.
(a) No person shall operate a liquid oil field
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waste transportation system without a liquid oil field waste |
transportation
permit. The liquid oil field waste transporter |
assumes legal
responsibility for the liquid oil field waste |
when it first enters the
liquid oil field waste transportation |
system, until it is disposed of in a
manner authorized and |
approved by the Department.
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(b) No person shall engage, employ or contract with any |
other person
except a permittee under this Section, to remove |
liquid oil field
waste from his premises.
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(c) Every person who engages, employs or contracts with |
any other person
to remove liquid oil field waste from his |
premises shall maintain detailed
records of all such liquid |
oil field waste removal effectuated on forms
provided by the |
Department and shall submit such information in such
detail |
and with such frequency, as the Department may require.
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(d) Before engaging in the business of removing liquid oil |
field
waste from the on-site collection point, a person shall |
apply for and
obtain a permit from the Department. The |
application shall be accompanied
by a permit fee of $150 $100 |
and by a surety bond covering the period and any
renewal |
thereof for which the permit is issued by a surety company
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registered in the State, to indemnify the Department for the |
abatement of
pollution of waters which result from any |
improper disposal of liquid oil
field waste by the permittee. |
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The bonds shall be $10,000. The Department
shall be the |
obligee and the bond shall be for the benefit and purpose to
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indemnify the State for the elimination of harmful or nuisance |
conditions
and for the abatement of any pollution of waters |
which result from the
improper disposal of liquid oil field |
waste by the permittee.
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In lieu of the surety bond, the applicant may provide |
cash,
certificates of deposit, or irrevocable letters of |
credit under such terms
and conditions as the Department may |
provide by rule.
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The surety of any bond posted for the issuance of a liquid |
oil
field waste transportation permit, upon 30 days notice in |
writing to the
Department and to the permittee, may cancel any |
such bond, but such
cancellation shall not affect any rights |
which shall have accrued on the
bond before the effective date |
of the cancellation.
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(e) If the Department, after such investigation as it |
deems necessary,
is satisfied that the applicant has the |
qualifications, experience,
reputation, and equipment to |
perform the services in a manner not
detrimental to the public |
interest, in a way that will not cause unlawful
pollution of |
the waters of the State and meets the bonding requirements of
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subsection (d), it shall issue a permit to the applicant.
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(f) (1) All trucks or other vehicles used to transport or |
carry liquid
oil field waste shall carry a permit issued |
by the Department for
inspection by its representative or |
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any law enforcement agent. The
application for the vehicle |
permit shall state the make, model and year of
the vehicle |
as well as the capacity of the tank used in transporting |
liquid
oil field waste and such other information as the |
Department requires. Each
application shall be accompanied |
by a biennial permit fee of $150 $100
for each vehicle |
sought to be licensed, payable to the State, and if the
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Department, after such investigation as it deems |
necessary, finds the truck
or vehicle and equipment is |
proper and adequate for the purpose, it shall
issue a |
permit for the use of the vehicle. The permit is not |
transferable
from one vehicle to another. The vehicle |
permit number shall be printed on
a decal furnished by the |
Department which shall designate the years for
which the |
permit was issued. This decal shall be affixed to the |
upper
right hand corner of the inside of the windshield.
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(2) All vehicle permits shall be valid for 2 years. |
Application for
renewal of a permit must be made 30 days |
prior to the expiration date of
the permit. The fee for |
renewal shall be the same as for the original permit.
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(g) (1) The tank shall be kept tightly closed in transit, |
to prevent
the escape of contents.
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(2) The permittee shall dispose of all liquid oil |
field waste
in conformance with the provisions of this |
Section.
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(3) The permittee shall not dispose of liquid oil |
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field waste
onto or into the ground except at locations |
specifically approved
and permitted by the Department. No |
liquid oil field waste shall
be placed in a location where |
it could enter any public or
private drain, pond, stream |
or other body of surface or ground water.
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(h) Any person who violates or refuses to comply with any |
of the provisions
of this Section shall be subject to the |
provisions of Sections 8a and
19.1 of this Act. In addition, |
any person who gathers, handles, transports,
or disposes of |
liquid oil field waste without a liquid oil field waste
|
transportation permit or utilizes the services of an |
unpermitted person
shall upon conviction thereof by a court of |
competent jurisdiction be fined
not less than $2,000 for a |
violation and costs of prosecution, and in
default of payment |
of fine and costs, imprisoned for not less than 10 days
nor |
more than 30 days. When the violation is of a continuing |
nature, each
day upon which a violation occurs is a separate |
offense.
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(i) For the purposes of this Section:
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(1) "Liquid oil field waste" means oil field
brines, |
tank and pit bottom sediments, and drilling and completion
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fluids, to the extent those wastes are now or hereafter |
exempt from the
provisions of Subtitle C of the federal |
Resource Conservation and Recovery
Act of 1976.
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(2) "Liquid oil field waste transportation system" |
means all trucks
and other motor vehicles used to gather, |
|
handle or transport liquid oil
field waste from the point |
of any surface on-site collection to any
subsequent |
off-site storage, utilization or disposal.
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(Source: P.A. 87-744.)
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(225 ILCS 725/8e new) |
Sec. 8e. Temporary abandonment status fees. |
(a) The Department shall assess and collect annual fees of |
$100 per well for each well that is in temporary abandonment |
status. |
(b) All annual fees collected pursuant to subsection (a) |
shall be deposited as follows: |
(1) one-half of all such fees shall be placed in the |
Plugging and Restoration Fund; and |
(2) one-half of all such fees shall be placed in the |
Landowner Grant Program.
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(225 ILCS 725/14) (from Ch. 96 1/2, par. 5420)
|
Sec. 14.
Each application for a permit to drill, deepen, |
convert,
or amend shall be accompanied by the required fee of |
$400 , not to exceed $300, which
the Department shall establish |
by rule. The fee for an application for a permit to oil lease |
road shall be $150. A fee of $75 for the first 100 wells and |
$50 for each well in excess of 100 of $50 per well shall be |
paid by
the new owner for each transfer of well ownership. |
Except for the
assessments required to be deposited in the |
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Plugging and Restoration Fund
under Section 19.7 of this Act |
and any other deposits required to be deposited in the |
Plugging and Restoration Fund under this Act, all fees |
assessed and collected under this
Act shall be deposited in |
the Underground Resources Conservation Enforcement
Fund. The |
monies deposited into the Plugging and Restoration Fund or the |
Underground Resources Conservation Enforcement Fund under this |
Section shall not be subject to administrative charges or |
chargebacks unless otherwise authorized by this Act. |
On and after July 1, 2022, any fees that are created by or |
increased by this amendatory Act of the 102nd General Assembly |
in this Section shall be deposited into the Plugging and |
Restoration Fund.
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(Source: P.A. 97-1136, eff. 1-1-13.)
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(225 ILCS 725/19.7) (from Ch. 96 1/2, par. 5430.2)
|
Sec. 19.7.
The Department shall assess and collect annual |
well fees from each
permittee in the amount of $100 $75 per |
well for the first 100 wells and a $75 $50 fee for each well in |
excess of 100 for which a permit is required under this Act.
|
Fees shall be assessed for each calendar year commencing |
in 1991 for all
wells of record as of July 1, 1991 and July 1 |
of each year thereafter. The
fees assessed by the Department |
under this Section are in addition to any
other fees required |
by law. All fees assessed under this Section shall be
|
submitted to the Department no later than 30 days from the date |
|
listed on
the annual fee assessment letter sent to the |
permittee. Of the fees
assessed and collected by the |
Department each year under this Section, 50%
shall be |
deposited into the Underground Resources Conservation |
Enforcement
Fund, and 50% shall be deposited into the Plugging |
and Restoration Fund
unless, total fees assessed and collected |
for any calendar year exceed
$1,500,000; then, $750,000 shall |
be deposited into the Underground
Resources Conservation |
Enforcement Fund and the balance of the fees
assessed and |
collected shall be deposited into the Plugging and Restoration
|
Fund. Upon request of the Department to the Comptroller and |
Treasurer, the
Comptroller and Treasurer shall make any |
interfund transfers necessary to
effect the allocations |
required by this Section.
|
The monies deposited into the Plugging and Restoration |
Fund or the Underground Resources Conservation Enforcement |
Fund under this Section shall not be subject to administrative |
charges or chargebacks unless otherwise authorized by this |
Act. |
(Source: P.A. 97-1136, eff. 1-1-13.)
|
