Bill Text: IL SB3626 | 2021-2022 | 102nd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Solid Waste Site Operator Certification Law. Creates a Solid Waste Site Operator Certification. Removes provisions concerning Class "A" and Class "B" Solid Waste Site Operator Certification. Provides that the Environmental Protection Agency is authorized to approve the use of examinations conducted by third parties. Provides that the Agency shall maintain on its website information regarding the examinations. Provides that at the time of certificate renewal, the applicant shall certify the completion of 30 hours of continuing education covering the operation of landfills during the preceding 3 years. Provides that the fee for the issuance or renewal of a Solid Waste Site Operator Certificate shall be $1,000. Provides that if the fee for renewal is not paid within the grace period, the fee for renewal shall be increased by $100 (rather than $50). Makes other changes.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2022-05-27 - Public Act . . . . . . . . . 102-1017 [SB3626 Detail]

Download: Illinois-2021-SB3626-Engrossed.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Solid Waste Site Operator Certification Law
5is amended by changing Sections 1004, 1005, 1006, 1007, 1009,
61010, and 1011 as follows:
7 (225 ILCS 230/1004) (from Ch. 111, par. 7854)
8 Sec. 1004. Prohibition. Beginning January 1, 1992, no
9person shall cause or allow the operation of a landfill
10permitted or required to be permitted by the Agency unless the
11landfill has on its operational staff at least one natural
12person certified as competent by the Agency under the
13provisions of this Act.
14 (a) For landfill sites which accept non-hazardous solid
15waste other than clean construction or demolition debris, the
16landfill shall have a Class A Solid Waste Site Operator
17certified by the Agency who is responsible for directing
18landfill operations or supervising other operational staff in
19performing landfill operations.
20 (b) (Blank). For landfill sites which accept only clean
21construction or demolition debris, the landfill shall have a
22Class A or B Solid Waste Site Operator certified by the Agency
23who is responsible for directing landfill operations or

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1supervising other operational staff in performing landfill
2operations.
3 (c) For landfill sites which accept special waste, the
4landfill shall have a Class A Solid Waste Site Operator
5certified by the Agency who has received a certification
6endorsement for the acceptance of special waste and who is
7responsible for directing landfill operations or supervising
8other operational staff in performing landfill operations.
9(Source: P.A. 86-1363.)
10 (225 ILCS 230/1005) (from Ch. 111, par. 7855)
11 Sec. 1005. Agency authority. The Agency is authorized to
12exercise the following functions, powers and duties with
13respect to solid waste site operator certification:
14 (a) To conduct examinations, as well as to approve the
15 use of examinations conducted by third parties, to
16 ascertain the qualifications of applicants for
17 certificates of competency as solid waste site operators;
18 (b) To conduct courses of training on the practical
19 aspects of the design, operation and maintenance of
20 sanitary landfills;
21 (c) To issue a certificate to any applicant who has
22 satisfactorily met all the requirements pertaining to a
23 certificate of competency as a solid waste site operator;
24 (d) To suspend, revoke or refuse to issue any
25 certificate for any one or any combination of the

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1 following causes:
2 (1) The practice of any fraud or deceit in
3 obtaining or attempting to obtain a certificate of
4 competency;
5 (2) Negligence or misconduct in the operation of a
6 sanitary landfill;
7 (3) Repeated failure to comply with any of the
8 requirements applicable to the operation of a sanitary
9 landfill, except for Board requirements applicable to
10 the collection of litter;
11 (4) Repeated violations of federal, State or local
12 laws, regulations, standards, or ordinances regarding
13 the operation of refuse disposal facilities or sites;
14 (5) For a holder of a certificate, conviction in
15 this or another State of any crime which is a felony
16 under the laws of this State or conviction of a felony
17 in a federal court; for an applicant, consideration of
18 such conviction shall be in accordance with Section
19 1005-1;
20 (6) Proof of gross carelessness or incompetence in
21 handling, storing, processing, transporting, or
22 disposing of any hazardous waste; or
23 (7) Being declared to be a person under a legal
24 disability by a court of competent jurisdiction and
25 not thereafter having been lawfully declared to be a
26 person not under legal disability or to have

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1 recovered.
2 (e) To adopt rules necessary to perform its functions,
3 powers, and duties with respect to solid waste site
4 operator certifications.
5(Source: P.A. 100-286, eff. 1-1-18.)
6 (225 ILCS 230/1006) (from Ch. 111, par. 7856)
7 Sec. 1006. Certification classifications. Solid Waste Site
8Operators shall be certified in accordance with the following
9classifications:
10 (a) Class "A" Solid Waste Site Operator certificates shall
11be issued to those persons who in accordance with the
12provisions of this Section demonstrate a practical working
13knowledge of the design, operation, and maintenance of
14sanitary landfills in the following areas:
15 (1) unloading, spreading, and compacting of waste,
16 litter collection, and vector abatement;
17 (2) traffic control of vehicles delivering waste;
18 (3) application, maintenance, and inspection of cover
19 and cover requirements under Board rules and Agency
20 permits;
21 (4) fire control, on-site personnel safety
22 requirements, and contingency plan implementation;
23 (5) leachate control operation, leachate management,
24 and landfill gas management;
25 (6) identification of classes of waste;

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1 (7) causes for revocation or suspension of
2 certificates;
3 (8) reporting and recordkeeping required by Board and
4 Agency regulations and Agency permits;
5 (9) financial assurance and groundwater monitoring
6 requirements;
7 (10) development and implementation of contingency
8 plans, closure plans, post closure plans, and corrective
9 action; and
10 (11) requirements for payment of fees.
11 (b) (Blank). Class "B" Solid Waste Operator Certificates
12shall be issued to those persons who demonstrate a practical
13working knowledge of the design, operation, and maintenance of
14landfill sites accepting only clean construction or demolition
15debris in the following areas:
16 (1) unloading and spreading of waste;
17 (2) traffic control of vehicles delivering waste;
18 (3) application, maintenance, and inspection of cover
19 and cover requirement under Board rules and Agency
20 permits;
21 (4) fire control, on-site personnel safety segments
22 and contingency plan implementation;
23 (5) leachate control operation and leachate
24 management;
25 (6) identification of classes of waste;
26 (7) causes for revocation or suspension of

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1 certificates;
2 (8) reporting and recordkeeping required by Board and
3 Agency regulations and Agency permits;
4 (9) financial assurance and groundwater requirements;
5 and
6 (10) development and implementation of contingency
7 plans, closure plans, post closure plans, and corrective
8 action.
9 (c) Special waste certificate endorsements shall be issued
10to those persons who are certified as Class A Solid Waste Site
11Operators in accordance with the provisions of this Section,
12and who demonstrate a practical working knowledge of the
13design, operation, and maintenance of sanitary landfills
14relative to the acceptance and disposal of special wastes.
15(Source: P.A. 86-1363.)
16 (225 ILCS 230/1007) (from Ch. 111, par. 7857)
17 Sec. 1007. Qualifications. Every solid waste site operator
18certified by the Agency shall be capable of performing his
19duties without endangering the public health or the
20environment and without violating the requirements applicable
21to operation of sanitary landfills; shall be able to read and
22write English; shall produce evidence acceptable to the Agency
23as to his ability to maintain and operate properly the
24structures and equipment entrusted to his care; and shall
25satisfactorily demonstrate to the Agency a practical working

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1knowledge of the design, operation, and maintenance of
2sanitary landfills appropriate to the classification for which
3certification is sought. In addition, persons shall be
4certified as Class "A" or Class "B" based on level of
5competency determined by examination and in accordance with
6educational and experience levels as follows:
7 (a) Class "A" Certificates.
8 (1) Graduation from high school or equivalent and not
9 less than 2 years of acceptable study, training, and
10 responsible experience in sanitary landfill operation or
11 management, or not less than 7 years of acceptable study
12 training and responsible experience in operation or
13 management of earth moving equipment; or
14 (2) Grammar school completion or equivalent and not
15 less than 15 years of acceptable study, training, and
16 responsible experience in sanitary landfill operation or
17 management.
18 (b) Class "B" Certificates.
19 (1) Graduation from high school or equivalent and not
20 less than 6 months of acceptable study, training, and
21 responsible experience in sanitary landfill operation or
22 management, or not less than 3 years of acceptable study
23 training and responsible experience in operation or
24 management of earth moving equipment; or
25 (2) Grammar school completion or equivalent and not
26 less than 5 years of acceptable study, training, and

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1 responsible experience in sanitary landfill operation or
2 management.
3(Source: P.A. 86-1363.)
4 (225 ILCS 230/1009) (from Ch. 111, par. 7859)
5 Sec. 1009. Examinations.
6 (a) Applicants shall undergo examinations Examinations
7provided or approved by the Agency shall be given to
8applicants for the purpose of determining if the applicants
9can demonstrate a practical working knowledge of the design,
10operation, and maintenance of sanitary landfills appropriate
11to the classification for which certification is sought. No
12certificate shall be issued prior to successful completion of
13the applicable examination.
14 (b) Examinations shall be conducted or approved by the
15Agency, and shall be held not less frequently than annually.
16The Agency shall maintain on its website information regarding
17the examinations , at times and places prescribed by the
18Agency, of which applicants shall be notified in writing.
19(Source: P.A. 86-1363.)
20 (225 ILCS 230/1010) (from Ch. 111, par. 7860)
21 Sec. 1010. Certificates.
22 (a) The Solid Waste Site Operator Certificate shall
23certify the competency of the applicant within the class of
24the certificate issued, and shall show the full name of the

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1applicant, have an identifying number, and be signed by the
2Director.
3 (b) Certificates shall be issued for a period of 3 years,
4with the expiration date being 3 years from the first day of
5October of the calendar year in which the certificate is
6issued.
7 (c) Every 3 years, on or before the October 1 expiration, a
8certified solid waste site operator shall renew his
9certificate of competency and pay the required renewal fee. A
10grace period for renewal will be granted until November 1 of
11that year before the reinstatement penalty is assessed.
12 (d) At the time of certificate renewal, the applicant
13shall certify the completion of 15 hours of continuing
14education covering the operation of landfills during the
15preceding 3 years. Continuing education used to satisfy this
16subsection must be approved by the Agency and must cover the
17design, operation, and maintenance of sanitary landfills as
18set forth in Section 1006 of this Act, and for certificates
19that include a special waste endorsement, continuing education
20must cover the operation of landfills relative to the
21acceptance and disposal of special wastes demonstrate
22competency in the same manner as a new applicant.
23(Source: P.A. 86-1363.)
24 (225 ILCS 230/1011) (from Ch. 111, par. 7861)
25 Sec. 1011. Fees.

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1 (a) Fees for the issuance or renewal of a Solid Waste Site
2Operator Certificate shall be as follows:
3 (1)(A) $400 for issuance or renewal for Class A Solid
4 Waste Site Operators;
5 (B) (blank); and $200 for issuance or renewal for
6 Class B Solid Waste Site Operators; and
7 (C) $100 for issuance or renewal for special waste
8 endorsements.
9 (2) If the fee for renewal is not paid within the grace
10period the above fees for renewal shall each be increased by $
1150.
12 (b) (Blank). Before the effective date of this amendatory
13Act of the 98th General Assembly, all fees collected by the
14Agency under this Section shall be deposited into the
15Hazardous Waste Occupational Licensing Fund. The Agency is
16authorized to use monies in the Hazardous Waste Occupational
17Licensing Fund to perform its functions, powers, and duties
18under this Section.
19 (c) All On and after the effective date of this amendatory
20Act of the 98th General Assembly, all fees collected by the
21Agency under this Section shall be deposited into the
22Environmental Protection Permit and Inspection Fund to be used
23in accordance with the provisions of subsection (a) of Section
2422.8 of the Environmental Protection Act.
25(Source: P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)
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