Sen. David Koehler
Filed: 5/16/2018
 
 


 




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1
AMENDMENT TO HOUSE BILL 3342




2 AMENDMENT NO. ______. Amend House Bill 3342 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Environmental Protection Act is amended by 
5changing Sections 21.1, 22.51, 22.51a, 30, 31, 31.1, 39, and 42 
6and by adding Section 58.19 as follows:




7 (415 ILCS 5/21.1) (from Ch. 111 1/2, par. 1021.1)



8 Sec. 21.1. 
(a) Except as provided in subsection (a.5), no 
9person other
than the State of Illinois, its agencies and 
10institutions, or a unit of local
government shall own or 
11operate a MSWLF unit or other waste disposal operation on or 
12after March 1,
1985, which requires a permit under subsection 
13(d) of Section 21 of this Act,
unless such person has posted 
14with the Agency a performance bond or other
security for the 
15purpose of insuring closure of the site and post-closure care

16in accordance with this Act and regulations adopted thereunder.

 
 
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1 (a.5) On and after the effective date established by the 
2United
States Environmental Protection Agency for MSWLF units 
3to provide financial
assurance under Subtitle D of the Resource 
4Conservation and Recovery Act, no
person, other than
the State 
5of
Illinois, its agencies and institutions, shall own or 
6operate a MSWLF unit that requires a permit under subsection 
7(d) of Section 21 of
this Act, unless that person has posted 
8with the Agency a performance bond or
other security for the 
9purposes of:


10  (1) insuring closure of the site and post-closure care 
11 in accordance with
this Act and its rules; and


12  (2) insuring completion of a corrective action remedy 
13 when required by
Board rules adopted under Section 22.40 of 
14 this Act or when required by
Section 22.41 of this Act.

15 The performance bond or other security requirement set 
16forth in this
Section
may be fulfilled by closure or 
17post-closure insurance, or both, issued by an
insurer
licensed 
18to transact the business of insurance by the Department of 
19Insurance
or at a minimum the insurer must be licensed to 
20transact the business of
insurance or approved to provide 
21insurance as an excess or surplus lines
insurer by the 
22insurance department in one or more states.

23 (b) On or before January 1, 1985, the Board shall adopt 
24regulations to
promote the purposes of this Section. Without 
25limiting the generality of
this authority, such regulations 
26may, among other things, prescribe the
type and amount of the 
 
 
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1performance bonds or other securities required under

2subsections (a) and (a.5) of this Section, and the conditions 
3under which the
State is entitled to collect monies from such 
4performance bonds or other
securities. The bond amount shall be 
5directly related to the design and volume
of the site. The cost 
6estimate for the post-closure care of a MSWLF unit shall
be 
7calculated using a 30 year post-closure care period or such 
8other period as
may be approved by the Agency under Board or 
9federal rules. On and after the
effective date established by 
10the United States Environmental Protection Agency
for MSWLF 
11units to provide financial assurance under Subtitle D of the 
12Resource
Conservation and Recovery Act, closure,
post-closure 
13care, and corrective action cost estimates for MSWLF units 
14shall
be in current dollars.

15 (c) There is hereby created within the State Treasury a 
16special fund to
be known as the "Landfill Closure and 
17Post-Closure Fund". Any monies forfeited
to the State of 
18Illinois from any performance bond or other security required

19under this Section or under Section 22.51 shall be placed in 
20the "Landfill Closure and Post-Closure
Fund" and shall, upon 
21approval by the Governor and the Director, be used
by and under 
22the direction of the Agency for the purposes for which such

23performance bond or other security was issued. The Landfill 
24Closure and
Post-Closure Fund is not subject to the provisions 
25of subsection (c) of Section
5 of the State Finance Act.

26 (d) The Agency is authorized to enter into such contracts 
 
 
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1and agreements
as it may deem necessary to carry out the 
2purposes of this Section. Neither
the State, nor the Director, 
3nor any State employee shall be liable for
any damages or 
4injuries arising out of or resulting from any action taken

5under this Section.

6 (e) The Agency shall have the authority to approve or 
7disapprove any
performance bond or other security posted 
8pursuant to subsection (a) or
(a.5) of
this Section. Any person 
9whose performance bond or other security is
disapproved by the 
10Agency may contest the disapproval as a permit denial
appeal 
11pursuant to Section 40 of this Act.

12 (f) The Agency may establish such procedures as it may deem 
13necessary
for the purpose of implementing and executing its 
14responsibilities under this
Section.

15 (g) Nothing in this Section shall bar a cause of action by 
16the State for
any other penalty or relief provided by this Act 
17or any other law.

18(Source: P.A. 97-887, eff. 8-2-12.)


19 (415 ILCS 5/22.51)

20 Sec. 22.51. Clean Construction or Demolition Debris Fill 
21Operations.
22 (a) As used in this Section: 
23  "Clean construction or demolition debris" has the 
24 meaning provided in Section 3.160 of this Act.
25  "Clean construction or demolition debris fill 
 
 
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1 operation" means a current or former quarry, mine, or other 
2 excavation where clean construction or demolition debris 
3 is used as fill material.
4  "Operator" means a person responsible for the 
5 operation and maintenance of a clean construction or 
6 demolition debris fill operation.
7  "Owner" means a person who has any direct or indirect 
8 interest in a clean construction or demolition debris fill 
9 operation or in land on which a person operates and 
10 maintains a clean construction or demolition debris fill 
11 operation. A "direct or indirect interest" does not include 
12 the ownership of publicly traded stock. The "owner" is the 
13 "operator" if there is no other person who is operating and 
14 maintaining a clean construction or demolition debris fill 
15 operation.
16  "Uncontaminated soil" has the meaning provided in 
17 Section 3.160 of this Act. 
18 (a-5) No person shall: 
19  (1) conduct any clean construction or demolition 
20 debris fill operation in violation of this Act or any 
21 regulations or standards adopted by the Board; 
22  (2) use soil other than uncontaminated soil as fill 
23 material at a clean construction or demolition debris fill 
24 operation; 
25  (3) use construction or demolition debris other than 
26 clean construction or demolition debris as fill material at 
 
 
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1 a clean construction or demolition debris fill operation; 
2 or 
3  (4) locate any clean construction or demolition debris 
4 fill operation within the setback zone of a potable water 
5 supply well.
6 (b) (Blank). (1)(A) Beginning August 18, 2005 but prior to 
7July 1, 2008, no person shall use clean construction or 
8demolition debris as fill material in a current or former 
9quarry, mine, or other excavation, unless they have applied for 
10an interim authorization from the Agency for the clean 
11construction or demolition debris fill operation.
12 (B) The Agency shall approve an interim authorization upon 
13its receipt of a written application for the interim 
14authorization that is signed by the site owner and the site 
15operator, or their duly authorized agent, and that contains the 
16following information: (i) the location of the site where the 
17clean construction or demolition debris fill operation is 
18taking place, (ii) the name and address of the site owner, 
19(iii) the name and address of the site operator, and (iv) the 
20types and amounts of clean construction or demolition debris 
21being used as fill material at the site.
22 (C) The Agency may deny an interim authorization if the 
23site owner or the site operator, or their duly authorized 
24agent, fails to provide to the Agency the information listed in 
25subsection (b)(1)(B) of
this Section. Any denial of an interim 
26authorization shall be subject to appeal to the Board in 
 
 
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1accordance with the procedures of Section 40 of this Act.
2 (D) No person shall use clean construction or demolition 
3debris as fill material in a current or former quarry, mine, or 
4other excavation for which the Agency has denied interim 
5authorization under subsection (b)(1)(C) of this Section. The 
6Board may stay the prohibition of this subsection (D) during 
7the pendency of an appeal of the Agency's denial of the interim 
8authorization brought under subsection (b)(1)(C) of this 
9Section.
10 (2) Beginning September 1, 2006, owners and
operators of 
11clean construction or demolition debris fill operations shall, 
12in accordance with a schedule prescribed by the Agency, submit 
13to the Agency applications for the
permits required under this 
14Section. The Agency shall notify owners and operators in 
15writing of the due date for their permit application. The due 
16date shall be no less than 90 days after the date of the 
17Agency's written notification. Owners and operators who do not 
18receive a written notification from the Agency by October 1, 
192007, shall submit a permit application to the Agency by 
20January 1, 2008. The interim authorization of owners and 
21operators who fail to submit a permit application to the Agency 
22by the permit application's due date shall terminate on (i) the 
23due
date established by the Agency if the owner or operator 
24received a written notification from the Agency prior to

25October 1, 2007, or (ii) or January 1, 2008, if the owner or 
26operator did not receive a written notification from the Agency 
 
 
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1by October 1, 2007.
2 (b-5) No (3) On and after July 1, 2008, no person shall use 
3clean construction or demolition debris as fill material in a 
4current or former quarry, mine, or other excavation (i) without 
5a permit granted by the Agency for the clean construction or 
6demolition debris fill operation or in violation of any 
7conditions imposed by such permit, including periodic reports 
8and full access to adequate records and the inspection of 
9facilities, as may be necessary to assure compliance with this 
10Act and with Board regulations and standards adopted under this 
11Act or (ii) in violation of any regulations or standards 
12adopted by the Board under this Act.
13 (4) This subsection (b) does not apply to:
14  (A) the use of clean construction or demolition debris 
15 as fill material in a current or former quarry, mine, or 
16 other excavation located on the site where the clean 
17 construction or demolition debris was generated;
18  (B) the use of clean construction or demolition debris 
19 as fill material in an excavation other than a current or 
20 former quarry or mine if this use complies with Illinois 
21 Department of Transportation specifications; or

22  (C) current or former quarries, mines, and other 
23 excavations that do not use clean construction or 
24 demolition debris as fill material.

25 (c) In accordance with Title VII of this Act, the Board may 
26adopt regulations to promote the purposes of this Section. The 
 
 
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1Agency shall consult with the mining and construction 
2industries during the development of any regulations to promote 
3the purposes of this Section.
4 (c-5) (1) No later than December 15, 2005, the Agency shall 
5propose to the Board, and no later than September 1, 2006, the 
6Board shall adopt, regulations for the use of clean 
7construction or demolition debris as fill material in current 
8and former quarries, mines, and other excavations. Such 
9regulations shall include, but shall not be limited to, 
10standards for clean construction or demolition debris fill 
11operations and the submission and review of permits required 
12under this Section.
13  (2) Until the Board adopts rules under subsection 
14 (c)(1) of this Section, all persons using clean 
15 construction or
demolition debris as fill material in a 
16 current or former quarry, mine, or other excavation shall:
17   (A) Assure that only clean construction or 
18 demolition debris is being used as fill material by 
19 screening each truckload of material received using a 
20 device approved by the Agency that detects volatile 
21 organic compounds. Such devices may include, but are 
22 not limited to, photo ionization detectors. All 
23 screening devices shall be operated and maintained in 
24 accordance with manufacturer's specifications. 
25 Unacceptable fill material shall be rejected from the 
26 site; and
 
 
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1   (B) Retain for a minimum of 3 years the following 
2 information:
3    (i) The name of the hauler, the name of the 
4 generator, and place of origin of the debris or 
5 soil;
6    (ii) The approximate weight or volume of the 
7 debris or soil; and
8    (iii) The date the debris or soil was received.
9 (d) This Section applies only to clean construction or 
10demolition debris that is not considered "waste" as provided in 
11Section 3.160 of this Act.
12 (e) (Blank). For purposes of this Section:
13  (1) The term "operator" means a person responsible for 
14 the operation and maintenance of a clean construction or 
15 demolition debris fill operation.
16  (2) The term "owner" means a person who has any direct 
17 or indirect interest in a clean construction or demolition 
18 debris fill operation or in land on which a person operates 
19 and maintains a clean construction or demolition debris 
20 fill operation. A "direct or indirect interest" does not 
21 include the ownership of publicly traded stock. The "owner" 
22 is the "operator" if there is no other person who is 
23 operating and maintaining a clean construction or 
24 demolition debris fill operation.

25  (3) The term "clean construction or demolition debris 
26 fill operation" means a current or former quarry, mine, or 
 
 
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1 other excavation where clean construction or demolition 
2 debris is used as fill material.
3  (4) The term "uncontaminated soil" shall have the same 
4 meaning as uncontaminated soil under Section 3.160 of this 
5 Act.
6 (f)(1) No later than one year after July 30, 2010 (the 
7effective date of Public Act 96-1416) this amendatory Act of 
8the 96th General Assembly, the Agency shall propose to the 
9Board, and, no later than one year after the Board's receipt of 
10the Agency's proposal, the Board shall adopt, rules for the use 
11of clean construction or demolition debris and uncontaminated 
12soil as fill material at clean construction or demolition 
13debris fill operations. The rules must include standards and 
14procedures necessary to protect groundwater, which may 
15include, but shall not be limited to, the following: 
16requirements regarding testing and certification of soil used 
17as fill material, surface water runoff, liners or other 
18protective barriers, monitoring (including, but not limited 
19to, groundwater monitoring), corrective action, recordkeeping, 
20reporting, closure and post-closure care, financial assurance, 
21post-closure land use controls, location standards, and the 
22modification of existing permits to conform to the requirements 
23of this Act and Board rules. The rules may also include limits 
24on the use of recyclable concrete and asphalt as fill material 
25at clean construction or demolition debris fill operations, 
26taking into account factors such as technical feasibility, 
 
 
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1economic reasonableness, and the availability of markets for 
2such materials.
3 (2) (Blank). Until the effective date of the Board rules 
4adopted under subdivision (f)(1) of this Section, and in 
5addition to any other requirements, owners and operators of 
6clean construction or demolition debris fill operations must do 
7all of the following in subdivisions (f)(2)(A) through 
8(f)(2)(D) of this Section for all clean construction or 
9demolition debris and uncontaminated soil accepted for use as 
10fill material. The requirements in subdivisions (f)(2)(A) 
11through (f)(2)(D) of this Section shall not limit any rules 
12adopted by the Board.
13  (A) Document the following information for each load of 
14 clean construction or demolition debris or uncontaminated 
15 soil received: (i) the name of the hauler, the address of 
16 the site of origin, and the owner and the operator of the 
17 site of origin of the clean construction or demolition 
18 debris or uncontaminated soil, (ii) the weight or volume of 
19 the clean construction or demolition debris or 
20 uncontaminated soil, and (iii) the date the clean 
21 construction or demolition debris or uncontaminated soil 
22 was received.
23  (B) For all soil, obtain either (i) a certification 
24 from the owner or operator of the site from which the soil 
25 was removed that the site has never been used for 
26 commercial or industrial purposes and is presumed to be 
 
 
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1 uncontaminated soil or (ii) a certification from a licensed 
2 Professional Engineer or licensed Professional Geologist 
3 that the soil is uncontaminated soil. Certifications 
4 required under this subdivision (f)(2)(B) must be on forms 
5 and in a format prescribed by the Agency.
6  (C) Confirm that the clean construction or demolition 
7 debris or uncontaminated soil was not removed from a site 
8 as part of a cleanup or removal of contaminants, including, 
9 but not limited to, activities conducted under the 
10 Comprehensive Environmental Response, Compensation, and 
11 Liability Act of 1980, as amended; as part of a Closure or 
12 Corrective Action under the Resource Conservation and 
13 Recovery Act, as amended; or under an Agency remediation 
14 program, such as the Leaking Underground Storage Tank 
15 Program or Site Remediation Program, but excluding sites 
16 subject to Section 58.16 of this Act where there is no 
17 presence or likely presence of a release or a substantial 
18 threat of a release of a regulated substance at, on, or 
19 from the real property.
20  (D) Document all activities required under subdivision 
21 (f)(2) of this Section. Documentation of any chemical 
22 analysis must include, but is not limited to, (i) a copy of 
23 the lab analysis, (ii) accreditation status of the 
24 laboratory performing the analysis, and (iii) 
25 certification by an authorized agent of the laboratory that 
26 the analysis has been performed in accordance with the 
 
 
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1 Agency's rules for the accreditation of environmental 
2 laboratories and the scope of accreditation.
3 (3) (Blank). Owners and operators of clean construction or 
4demolition debris fill operations must maintain all 
5documentation required under subdivision (f)(2) of this 
6Section for a minimum of 3 years following the receipt of each 
7load of clean construction or demolition debris or 
8uncontaminated soil, except that documentation relating to an 
9appeal, litigation, or other disputed claim must be maintained 
10until at least 3 years after the date of the final disposition 
11of the appeal, litigation, or other disputed claim. Copies of 
12the documentation must be made available to the Agency and to 
13units of local government for inspection and copying during 
14normal business hours. The Agency may prescribe forms and 
15formats for the documentation required under subdivision 
16(f)(2) of this Section.
17 Chemical analysis conducted under subdivision (f)(2) of 
18this Section must be conducted in accordance with the 
19requirements of 35 Ill. Adm. Code 742, as amended, and "Test 
20Methods for Evaluating Solid Waste, Physical/Chemical 
21Methods", USEPA Publication No. SW-846, as amended.
22 (g) (Blank). (1) No person shall use soil other than 
23uncontaminated soil as fill material at a clean construction or 
24demolition debris fill operation.
25 (2) No person shall use construction or demolition debris 
26other than clean construction or demolition debris as fill 
 
 
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1material at a clean construction or demolition debris fill 
2operation. 

3 (h) No later than January 1, 2019, the Agency shall propose 
4to the Board for adoption, and, no later than one year after 
5receipt of the Agency's proposal, the Board shall adopt rules 
6to protect public health and the environment from any threats 
7posed by clean construction or demolition debris fill 
8operations. The rules adopted under this subsection shall 
9include, but not be limited to, rules that establish enhanced 
10pre-acceptance and post-acceptance sampling protocols for 
11clean construction and demolition debris fill operations, as 
12described in paragraphs (1) and (2) of this subsection, and 
13rules that allow owners and operators to transfer a portion of 
14a permitted clean construction or demolition debris fill 
15operation site to another person before termination of the 
16permit, as described in paragraph (3) of this subsection. The 
17Agency shall also propose to the Board for adoption rules that 
18establish the monitoring of NPDES permitted discharges from 
19clean construction or demolition debris sites as described in 
20paragraph (4) of this subsection.
21  (1) The pre-acceptance sampling protocols adopted by 
22 the Board under this subsection shall include, but not be 
23 limited to, provisions requiring the owner or operator to 
24 obtain, for all soil accepted for use as fill at the clean 
25 construction or demolition debris fill operation, a 
26 certification from a professional engineer licensed under 
 
 
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1 the Professional Engineering Practice Act of 1989 or a 
2 licensed professional geologist licensed under the 
3 Professional Geologist Licensing Act that the soil is 
4 uncontaminated soil. The certification required under this 
5 subsection must be based on analytical testing of at least 
6 one representative soil sample for each volume of soil that 
7 the Board determines must be sampled in order to 
8 characterize the soil being accepted for use as fill. The 
9 Board may provide exemptions from pre-acceptance sampling 
10 protocols required under this subsection for small volumes 
11 of soil generated at a site upon which a residence is 
12 located, provided that there is no historical or current 
13 use of the site, or potential contaminant migration from a 
14 proximate site, that increases the presence or potential 
15 presence of contamination at the site.
16  (2) The post-acceptance sampling protocols adopted by 
17 the Board under this subsection shall include, but not be 
18 limited to, provisions requiring the owner or operator to 
19 perform, for all soil accepted for use as fill, 
20 post-acceptance sampling in accordance with a plan 
21 approved by the Agency. At a minimum, the Agency-approved 
22 plan required under this subsection must provide for the 
23 analytical testing of at least one representative soil 
24 sample for each volume of soil that the Board determines 
25 must be sampled to characterize the soil being accepted for 
26 use as fill. If the analytical testing indicates that any 
 
 
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1 of the soil accepted for use as fill is not uncontaminated 
2 soil, the owner or operator shall conduct additional 
3 investigation and identify, remove, and properly dispose 
4 of all soil that is not uncontaminated soil.
5  (3) The rules adopted by the Board under this 
6 subsection shall allow owners and operators to transfer a 
7 portion of a permitted clean construction or demolition 
8 debris fill operation site to another person before 
9 termination of the permit, and to have the transferred 
10 portion of the site removed from the permit prior to 
11 completion of closure and post-closure maintenance, 
12 provided that all of the following requirements have been 
13 satisfied:
14   (A) The owner or operator files with the Agency:
15    (i) an application to modify the fill 
16 operation permit to recognize a change in 
17 ownership of the transferred property before 
18 completion of closure and post-closure 
19 maintenance;
20    (ii) documentation identifying the portion of 
21 the site being transferred; and
22    (iii) a copy of the transferee's plans for the 
23 portion of the site being transferred that 
24 document how the site will be developed, 
25 including, but not limited to, plans demonstrating 
26 how the closure and post-closure requirements set 
 
 
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1 forth in Board rules will be satisfied.
2   (B) The owner or operator provides the persons to 
3 whom the portion of the site will be transferred the 
4 results of site assessments conducted in accordance 
5 with Board rules.
6   (C) The portion of the site being transferred is 
7 filled to within at least 3 feet of the final fill 
8 elevation that would otherwise be required under the 
9 closure and post-closure maintenance requirements in 
10 the permit.
11   (D) If a portion of the site is to be sold, 
12 transferred, quitclaimed, or given to any municipal or 
13 government body, Phase I and II Environmental Site 
14 Assessments must be conducted by the parties at the 
15 expense of the site's owner.
16   (E) The owner or operator posts with the Agency a 
17 performance bond for purposes of closure and 
18 post-closure maintenance of the portion of the site 
19 being transferred. The bond shall be directly related 
20 to the estimate of the costs for the Agency to 
21 remediate the transferred portion of the site to a 
22 condition consistent with the closure and post-closure 
23 maintenance requirements applicable to the site. The 
24 bond required under this subparagraph shall not affect 
25 in any way any obligation or liability of any person 
26 under this Act or any other State or federal law.
 
 
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1  (4) The Agency shall propose and the board shall adopt 
2 rules to require the testing of discharges conducted under 
3 NPDES permits, should a clean construction or demolition 
4 debris site have an NPDES permit. These rules shall be 
5 constructed to alter site operators and the agency of 
6 potential contamination of any body of water, including, 
7 but not limited to groundwater. 
8 The rules adopted under this subsection shall provide that 
9the person to whom a portion of a permitted clean construction 
10or demolition debris fill operation site is transferred must 
11complete closure and post-closure maintenance for the 
12transferred portion of the site in accordance with Board rules.
13 The rules adopted under this subsection shall also specify 
14the conditions under which the State is entitled to collect 
15moneys from the performance bond required under subparagraph 
16(E) of paragraph (3) of this subsection. Any money forfeited to 
17the State of Illinois from any performance bond required under 
18this subsection shall be deposited into the Landfill Closure 
19and Post-Closure Fund established under Section 21.1 of this 
20Act and shall, upon approval by the Governor and the Director 
21of the Agency, be used by and under the direction of the Agency 
22for the purposes for which the performance bond was issued. The 
23Agency shall have the authority to approve or disapprove any 
24performance bond posted in accordance with the rules adopted 
25under this subsection. If the Agency disapproves a performance 
26bond required under the rules adopted under this subsection, 
 
 
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1the person whose performance bond is disapproved by the Agency 
2may contest the disapproval in the same manner as the appeal of 
3a permit denial under Section 40 of this Act.
4 The Agency is authorized to enter into contracts and 
5agreements as it may deem necessary to carry out the purposes 
6of this subsection or rules adopted under this subsection. 
7Neither the State, nor the Director of the Agency, nor any 
8State employee shall be liable for any damages or injuries 
9arising out of or resulting from any action taken under this 
10subsection or rules adopted under this subsection.
11 Neither this subsection nor the rules adopted under this 
12subsection shall bar a cause of action by the State for any 
13other penalty or relief provided by this Act or any other law.
14 (i) Neither this Section nor the rules adopted under this 
15Section apply to:
16  (1) the use of clean construction or demolition debris 
17 as fill at the site where the clean construction or 
18 demolition debris is generated; or
19  (2) the use of clean construction or demolition debris, 
20 in accordance with Department of Transportation 
21 specifications, by the Department of Transportation, the 
22 Illinois State Toll Highway Authority, or a county or local 
23 highway authority, except to the extent that the clean 
24 construction or demolition debris is used as fill material 
25 in a privately-owned or privately-operated clean 
26 construction or demolition debris fill operation.
 
 
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1(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)

2 (415 ILCS 5/22.51a)
3 Sec. 22.51a. Uncontaminated Soil Fill Operations.
4 (a) For purposes of this Section:
5  "Operator" means a person responsible for the 
6 operation and maintenance of an uncontaminated soil fill 
7 operation.
8  "Owner" means a person who has any direct or indirect 
9 interest in an uncontaminated soil fill operation or in 
10 land on which a person operates and maintains an 
11 uncontaminated soil fill operation. A "direct or indirect 
12 interest" does not include the ownership of publicly traded 
13 stock. The "owner" is the "operator" if there is no other 
14 person who is operating and maintaining an uncontaminated 
15 soil fill operation. 
16  "Uncontaminated soil" has the meaning provided (1) The 
17 term "uncontaminated soil" shall have the same meaning as 
18 uncontaminated soil under Section 3.160 of this Act.
19  "Uncontaminated soil fill operation" (2) The term 
20 "uncontaminated soil fill operation" means a current or 
21 former quarry, mine, or other excavation where 
22 uncontaminated soil is used as fill material. 
23 "Uncontaminated soil fill operation" , but does not include 
24 a clean construction or demolition debris fill operation.
25 (b) No person shall: 
 
 
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1  (1) conduct any uncontaminated soil fill operation in 
2 violation of this Act or any rules or standards adopted by 
3 the Board; 
4  (2) use soil other than uncontaminated soil as fill 
5 material at an uncontaminated soil fill operation; or
6  (3) locate any uncontaminated soil fill operation 
7 within the setback zone of a potable water supply well.
8 (c) Owners and operators of uncontaminated soil fill 
9operations must register the fill operations with the Agency. 
10Uncontaminated soil fill operations that received 
11uncontaminated soil prior to July 30, 2010 (the effective date 
12of Public Act 96-1416) this amendatory Act of the 96th General 
13Assembly must be registered with the Agency no later than March 
1431, 2011. Uncontaminated soil fill operations that first 
15receive uncontaminated soil on or after July 30, 2010 (the 
16effective date of Public Act 96-1416) this amendatory Act of 
17the 96th General Assembly must be registered with the Agency 
18prior to the receipt of any uncontaminated soil. Registrations 
19must be submitted on forms and in a format prescribed by the 
20Agency.
21 (d)(1) No later than one year after July 30, 2010 (the 
22effective date of Public Act 96-1416) this amendatory Act of 
23the 96th General Assembly, the Agency shall propose to the 
24Board, and, no later than one year after the Board's receipt of 
25the Agency's proposal, the Board shall adopt, rules for the use 
26of uncontaminated soil as fill material at uncontaminated soil 
 
 
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1fill operations. The rules must include standards and 
2procedures necessary to protect groundwater, which shall 
3include, but shall not be limited to, testing and certification 
4of soil used as fill material and requirements for 
5recordkeeping.
6 (2) (Blank). Until the effective date of the Board rules 
7adopted under subdivision (d)(1) of this Section, owners and 
8operators of uncontaminated soil fill operations must do all of 
9the following in subdivisions (d)(2)(A) through (d)(2)(F) of 
10this Section for all uncontaminated soil accepted for use as 
11fill material. The requirements in subdivisions (d)(2)(A) 
12through (d)(2)(F) of this Section shall not limit any rules 
13adopted by the Board.
14  (A) Document the following information for each load of 
15 uncontaminated soil received: (i) the name of the hauler, 
16 the address of the site of origin, and the owner and the 
17 operator of the site of origin of the uncontaminated soil, 
18 (ii) the weight or volume of the uncontaminated soil, and 
19 (iii) the date the uncontaminated soil was received.
20  (B) Obtain either (i) a certification from the owner or 
21 operator of the site from which the soil was removed that 
22 the site has never been used for commercial or industrial 
23 purposes and is presumed to be uncontaminated soil or (ii) 
24 a certification from a licensed Professional Engineer or a 
25 licensed Professional Geologist that the soil is 
26 uncontaminated soil. Certifications required under this 
 
 
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1 subdivision (d)(2)(B) must be on forms and in a format 
2 prescribed by the Agency.
3  (C) Confirm that the uncontaminated soil was not 
4 removed from a site as part of a cleanup or removal of 
5 contaminants, including, but not limited to, activities 
6 conducted under the Comprehensive Environmental Response, 
7 Compensation, and Liability Act of 1980, as amended; as 
8 part of a Closure or Corrective Action under the Resource 
9 Conservation and Recovery Act, as amended; or under an 
10 Agency remediation program, such as the Leaking 
11 Underground Storage Tank Program or Site Remediation 
12 Program, but excluding sites subject to Section 58.16 of 
13 this Act where there is no presence or likely presence of a 
14 release or a substantial threat of a release of a regulated 
15 substance at, on, or from the real property.
16  (D) Visually inspect each load to confirm that only 
17 uncontaminated soil is being accepted for use as fill 
18 material.
19  (E) Screen each load of uncontaminated soil using a 
20 device that is approved by the Agency and detects volatile 
21 organic compounds. Such a device may include, but is not 
22 limited to, a photo ionization detector or a flame 
23 ionization detector. All screening devices shall be 
24 operated and maintained in accordance with the 
25 manufacturer's specifications. Unacceptable soil must be 
26 rejected from the fill operation.
 
 
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1  (F) Document all activities required under subdivision 
2 (d)(2) of this Section. Documentation of any chemical 
3 analysis must include, but is not limited to, (i) a copy of 
4 the lab analysis, (ii) accreditation status of the 
5 laboratory performing the analysis, and (iii) 
6 certification by an authorized agent of the laboratory that 
7 the analysis has been performed in accordance with the 
8 Agency's rules for the accreditation of environmental 
9 laboratories and the scope of accreditation. 
10 (3) (Blank). Owners and operators of uncontaminated soil 
11fill operations must maintain all documentation required under 
12subdivision (d)(2) of this Section for a minimum of 3 years 
13following the receipt of each load of uncontaminated soil, 
14except that documentation relating to an appeal, litigation, or 
15other disputed claim must be maintained until at least 3 years 
16after the date of the final disposition of the appeal, 
17litigation, or other disputed claim. Copies of the 
18documentation must be made available to the Agency and to units 
19of local government for inspection and copying during normal 
20business hours. The Agency may prescribe forms and formats for 
21the documentation required under subdivision (d)(2) of this 
22Section.
23 Chemical analysis conducted under subdivision (d)(2) of 
24this Section must be conducted in accordance with the 
25requirements of 35 Ill. Adm. Code 742, as amended, and "Test 
26Methods for Evaluating Solid Waste, Physical/Chemical 
 
 
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1Methods", USEPA Publication No. SW-846, as amended. 

2 (e) No later than January 1, 2019, the Agency shall propose 
3to the Board for adoption, and, no later than one year after 
4receipt of the Agency's proposal, the Board shall adopt rules 
5to protect public health and the environment from any threats 
6posed by uncontaminated soil fill operations. The rules shall 
7include, but not be limited to, rules that establish enhanced 
8pre-acceptance and post-acceptance sampling protocols for 
9uncontaminated soil fill operations, as described in 
10paragraphs (1) and (2) of this subsection.
11  (1) The pre-acceptance sampling protocols adopted by 
12 the Board pursuant to this subsection shall include, but 
13 shall not be limited to, provisions requiring the owner or 
14 operator to obtain, for all soil accepted for use as fill 
15 at the uncontaminated soil fill operation, a certification 
16 from a professional engineer licensed under the 
17 Professional Engineering Practice Act of 1989 or a licensed 
18 professional geologist licensed under the Professional 
19 Geologist Licensing Act that the soil is uncontaminated 
20 soil. The certification required under this subsection 
21 must be based on analytical testing of at least one 
22 representative soil sample for each volume of soil that the 
23 Board determines must be sampled in order to characterize 
24 the soil being accepted for use as fill. The Board may 
25 provide exemptions from pre-acceptance sampling protocols 
26 required under this subsection for small volumes of soil 
 
 
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1 generated at a site upon which a residence is located, 
2 provided that there is no historical or current use of the 
3 site, or potential contaminant migration from a proximate 
4 site, that increases the presence or potential presence of 
5 contamination at the site.
6  (2) The post-acceptance sampling protocols adopted by 
7 the Board pursuant to this subsection shall include, but 
8 not be limited to, provisions requiring the owner or 
9 operator to perform, for all soil accepted for use as fill, 
10 post-acceptance sampling in accordance with a plan 
11 approved by the Agency. At a minimum, the Agency-approved 
12 plan required under this subsection must provide for the 
13 analytical testing of at least one representative soil 
14 sample for each volume of soil that the Board determines 
15 must be sampled to characterize the soil being accepted for 
16 use as fill. If the analytical testing indicates that any 
17 of the soil accepted for use as fill is not uncontaminated 
18 soil, the owner or operator shall conduct additional 
19 investigation and identify, remove, and properly dispose 
20 of all soil that is not uncontaminated soil.
21 (f) Neither this Section nor the rules adopted under this 
22Section apply to:
23  (1) the use of uncontaminated soil as fill at the site 
24 where the uncontaminated soil is generated;
25  (2) the use of uncontaminated soil, in accordance with 
26 Department of Transportation specifications, by the 
 
 
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1 Department of Transportation, the Illinois State Toll 
2 Highway Authority, or a county or local highway authority, 
3 except to the extent that the soil is used as fill material 
4 in a privately-owned or privately-operated uncontaminated 
5 soil fill operation; or
6  (3) the use of uncontaminated soil at a remediation 
7 site in accordance with a remediation plan approved by the 
8 Agency or the United States Environmental Protection 
9 Agency. 
10(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)




11 (415 ILCS 5/30) (from Ch. 111 1/2, par. 1030)



12 Sec. 30. Investigations. The Agency shall cause 
13investigations to be made
upon the request of the Board, as a 
14result of the Agency's own investigation or knowledge, or upon 
15receipt of information concerning an
alleged violation of this 
16Act, any rule or regulation adopted
under this Act, any permit 
17or term or condition of a permit, or
any Board order, and may 
18cause to be made such other investigations as it
shall deem 
19advisable.

20(Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)





21 (415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)



22 Sec. 31. Notice; complaint; hearing. 


23 (a)(1) Within 180 days after becoming aware of an alleged 
24 violation of the
Act, any rule adopted under the Act, a 
 
 
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1 permit granted by the Agency, or
a condition of such a 
2 permit, the Agency shall issue and serve, by certified 
3 mail,
upon the person complained against a written notice 
4 informing that person that
the Agency has evidence of the 
5 alleged violation. At a minimum, the written
notice shall 
6 contain:


7   (A) a notification to the person complained 
8 against of the requirement to
submit a written response 
9 addressing the violations alleged and the option to

10 meet with appropriate agency personnel to resolve any 
11 alleged violations that
could lead to the filing of a 
12 formal complaint;


13   (B) a detailed explanation by the Agency of the 
14 violations alleged;


15   (C) an explanation by the Agency of the actions 
16 that the Agency
believes may resolve the alleged 
17 violations, including an estimate of a
reasonable time 
18 period for the person complained against to complete 
19 the
suggested resolution; and


20   (D) an explanation of any alleged violation that 
21 the Agency believes
cannot be resolved without the 
22 involvement of the Office of the Illinois
Attorney 
23 General or the State's Attorney of the county in which 
24 the alleged
violation occurred and the basis for the 
25 Agency's belief.


26  (2) A written response to the violations alleged shall 
 
 
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1 be submitted to
the Agency, by certified mail, within 45 
2 days after receipt of notice by the
person complained 
3 against, unless the Agency agrees to an extension. The

4 written response shall include:


5   (A) information in rebuttal, explanation or 
6 justification of each
alleged violation;


7   (B) if the person complained against desires to 
8 enter into a Compliance Commitment Agreement, proposed 
9 terms for a Compliance Commitment Agreement that 
10 includes specified
times for achieving each commitment 
11 and which may consist of a statement
indicating that 
12 the person complained against believes that compliance 
13 has
been achieved; and


14   (C) a request for a meeting with appropriate Agency 
15 personnel if a
meeting is desired by the person 
16 complained against.


17  (3) If the person complained against fails to respond 
18 in accordance with
the requirements of subdivision (2) of 
19 this subsection (a), the failure to
respond shall be 
20 considered a waiver of the requirements of this subsection

21 (a) and nothing in this Section shall preclude the Agency 
22 from proceeding
pursuant to subsection (b) of this Section.


23  (4) A meeting requested pursuant to subdivision (2) of 
24 this subsection
(a) shall be held without a representative 
25 of the Office of the Illinois
Attorney General or the 
26 State's Attorney of the county in which the alleged

 
 
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1 violation occurred, within 60 days after receipt of notice 
2 by the person
complained against, unless the Agency agrees 
3 to a postponement. At the
meeting, the Agency shall provide 
4 an opportunity for the person complained
against to respond 
5 to each alleged violation, suggested resolution, and

6 suggested implementation time frame, and to suggest 
7 alternate resolutions. 


8  (5) If a meeting requested pursuant to subdivision (2) 
9 of this subsection
(a) is held, the person complained 
10 against shall, within 21 days following the
meeting or 
11 within an extended time period as agreed to by the Agency, 
12 submit
by certified mail to the Agency a written response 
13 to the alleged violations.
The written response shall 
14 include:


15   (A) additional information in rebuttal, 
16 explanation, or justification
of each alleged 
17 violation;


18   (B) if the person complained against desires to 
19 enter into a Compliance Commitment Agreement, proposed 
20 terms for a Compliance Commitment Agreement that 
21 includes specified
times for achieving each commitment 
22 and which may consist of a statement
indicating that 
23 the person complained against believes that compliance 
24 has
been achieved; and


25   (C) a statement indicating that, should the person 
26 complained against
so wish, the person complained 
 
 
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1 against chooses to rely upon the initial written

2 response submitted pursuant to subdivision (2) of this 
3 subsection (a).


4  (6) If the person complained against fails to respond 
5 in accordance with
the requirements of subdivision (5) of 
6 this subsection (a), the failure to
respond shall be 
7 considered a waiver of the requirements of this subsection 
8 (a)
and nothing in this Section shall preclude the Agency 
9 from proceeding pursuant
to subsection (b) of this Section.


10  (7) Within 30 days after the Agency's receipt of a 
11 written response submitted
by the person complained 
12 against pursuant to subdivision (2) of this
subsection (a) 
13 if a meeting is not requested or pursuant to subdivision 
14 (5) of this
subsection (a) if a meeting is held, or within 
15 a later time period as agreed
to by the Agency and the 
16 person complained against, the Agency shall issue and

17 serve, by certified mail, upon the person complained 
18 against (i) a proposed Compliance Commitment Agreement or 
19 (ii) a notice that one or more violations cannot be 
20 resolved without the involvement of the Office of the 
21 Attorney General or the State's Attorney of the county in 
22 which the alleged violation occurred and that no proposed 
23 Compliance Commitment Agreement will be issued by the 
24 Agency for those violations. The Agency shall include terms 
25 and conditions in the proposed Compliance Commitment 
26 Agreement that are, in its discretion, necessary to bring 
 
 
10000HB3342sam002- 33 -LRB100 08528 MJP 40203 a


1 the person complained against into compliance with the Act, 
2 any rule adopted under the Act, any permit granted by the 
3 Agency, or any condition of such a permit. The Agency shall 
4 take into consideration the proposed terms for the proposed 
5 Compliance Commitment Agreement that were provided under 
6 subdivision (a)(2)(B) or (a)(5)(B) of this Section by the 
7 person complained against.

8  (7.5) Within 30 days after the receipt of the Agency's 
9 proposed Compliance Commitment Agreement by the person 
10 complained against, the person shall either (i) agree to 
11 and sign the proposed Compliance Commitment Agreement 
12 provided by the Agency and submit the signed Compliance 
13 Commitment Agreement to the Agency by certified mail or 
14 (ii) notify the Agency in writing by certified mail of the 
15 person's rejection of the proposed Compliance Commitment 
16 Agreement. If the person complained against fails to 
17 respond to the proposed Compliance Commitment Agreement 
18 within 30 days as required under this paragraph, the 
19 proposed Compliance Commitment Agreement is deemed 
20 rejected by operation of law. Any Compliance Commitment 
21 Agreement entered into under item (i) of this paragraph may 
22 be amended subsequently in writing by mutual agreement 
23 between the Agency and the signatory to the Compliance 
24 Commitment Agreement, the signatory's legal 
25 representative, or the signatory's agent.
26  (7.6) No person shall violate the terms or conditions 
 
 
10000HB3342sam002- 34 -LRB100 08528 MJP 40203 a


1 of a Compliance Commitment Agreement entered into under 
2 subdivision (a)(7.5) of this Section. Successful 
3 completion of a Compliance Commitment Agreement or an 
4 amended Compliance Commitment Agreement shall be a factor 
5 to be weighed, in favor of the person completing the 
6 Agreement, by the Office of the Illinois Attorney General 
7 in determining whether to file a complaint for the 
8 violations that were the subject of the Agreement. 

9  (8) Nothing in this subsection (a) is intended to 
10 require the Agency to
enter into Compliance Commitment 
11 Agreements for any alleged violation that the
Agency 
12 believes cannot be resolved without the involvement of the 
13 Office of the
Attorney General or the State's Attorney of 
14 the county in which the alleged
violation occurred, for, 
15 among other purposes, the imposition of statutory

16 penalties.


17  (9) The Agency's failure to respond within 90 30 days 
18 to a written response submitted
pursuant to subdivision (2) 
19 of this subsection (a) if a meeting is not
requested or 
20 pursuant to subdivision (5) of this subsection (a) if a 
21 meeting is held,
or within the time period otherwise agreed 
22 to in writing by
the Agency and the person complained 
23 against, shall be deemed an acceptance by
the Agency of the 
24 proposed terms of the Compliance Commitment Agreement for 
25 the violations
alleged in the written notice issued under 
26 subdivision (1) of this subsection
(a) as contained within 
 
 
10000HB3342sam002- 35 -LRB100 08528 MJP 40203 a


1 the written response.


2  (10) If the person complained against complies with the 
3 terms of a
Compliance
Commitment Agreement accepted 
4 pursuant to this subsection (a), the Agency
shall not refer 
5 the alleged violations which are the subject of the 
6 Compliance
Commitment Agreement to the Office of the 
7 Illinois Attorney General or the
State's Attorney of the 
8 county in which the alleged violation occurred.
However, 
9 nothing in this subsection is intended to preclude the 
10 Agency from
continuing negotiations with the person 
11 complained against or from proceeding
pursuant to the 
12 provisions of subsection (b) of this Section for alleged

13 violations that remain the subject of disagreement between 
14 the Agency and the
person complained against following 
15 fulfillment of the requirements of this
subsection (a).


16  (11) Nothing in this subsection (a) is intended to 
17 preclude the person
complained against from submitting to 
18 the Agency, by certified mail, at any
time, notification 
19 that the person complained against consents to waiver of

20 the requirements of subsections (a) and (b) of this 
21 Section.

22  (12) The Agency shall have the authority to adopt rules 
23 for the administration of subsection (a) of this Section. 
24 The rules shall be adopted in accordance with the 
25 provisions of the Illinois Administrative Procedure Act. 
26 (b) For alleged violations that remain the subject of 
 
 
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1disagreement
between the Agency and the person complained 
2against following fulfillment of
the requirements of 
3subsection (a) of this Section, and for alleged violations of 
4the terms or conditions of a Compliance Commitment Agreement 
5entered into under subdivision (a)(7.5) of this Section as well 
6as the alleged violations that are the subject of the 
7Compliance Commitment Agreement, and as a precondition to
the 
8Agency's referral or request to the Office of the Illinois 
9Attorney General
or the State's Attorney of the county in which 
10the alleged violation occurred
for legal representation 
11regarding an alleged violation that may be addressed
pursuant 
12to subsection (c) or (d) of this Section or pursuant to Section 
1342 of
this Act, the Agency shall issue and serve, by certified 
14mail, upon the person
complained against a written notice 
15informing that person that the Agency
intends to pursue legal 
16action. Such notice shall notify the person
complained against 
17of the violations to be alleged and offer the person an

18opportunity to meet with appropriate Agency personnel in an 
19effort to resolve
any alleged violations that could lead to the 
20filing of a formal complaint.
The meeting with Agency personnel 
21shall be held within 30 days after receipt of
notice served 
22pursuant to this subsection upon the person complained against,

23unless the Agency agrees to a postponement or the person 
24notifies the Agency
that he or she will not appear at a meeting 
25within the 30-day time period.
Nothing in this subsection is 
26intended to preclude the Agency from following
the provisions 
 
 
10000HB3342sam002- 37 -LRB100 08528 MJP 40203 a


1of subsection (c) or (d) of this Section or from requesting the

2legal representation of the Office of the Illinois Attorney 
3General or the
State's Attorney of the county in which the 
4alleged violations occurred for
alleged violations which 
5remain the subject of disagreement between the Agency
and the 
6person complained against after the provisions of this 
7subsection are
fulfilled.


8  (c)(1) For alleged violations which remain the subject of 
9 disagreement
between the Agency and the person complained 
10 against following waiver pursuant
to subdivision (10) of 
11 subsection (a) of this Section or fulfillment of
the 
12 requirements of subsections (a) and (b) of this Section, 
13 the Office of the
Illinois Attorney General or the State's 
14 Attorney of the county in which the
alleged violation 
15 occurred shall issue and serve upon the person complained

16 against a written notice, together with a formal complaint, 
17 which shall
specify the provision of the Act, rule, 
18 regulation, permit, or term
or condition thereof under 
19 which such person is said to be in violation and
a 
20 statement of the manner in and the extent to which such 
21 person is said to
violate the Act, rule, regulation, 
22 permit, or term or condition
thereof and shall require the 
23 person so complained
against to answer the charges of such 
24 formal complaint at a hearing before
the Board at a time 
25 not less than 21 days after the date of notice by the

26 Board, except as provided in Section 34 of this Act. Such 
 
 
10000HB3342sam002- 38 -LRB100 08528 MJP 40203 a


1 complaint shall
be accompanied by a notification to the 
2 defendant that financing may be
available, through the 
3 Illinois Environmental Facilities Financing Act, to

4 correct such violation. A copy of such notice of such

5 hearings shall also be sent to any person that has 
6 complained to the
Agency respecting the respondent within 
7 the six months preceding the
date of the complaint, and to 
8 any person in the county in which the
offending activity 
9 occurred that has requested notice of enforcement

10 proceedings; 21 days notice of such hearings shall also be 
11 published in
a newspaper of general circulation in such 
12 county. The respondent may
file a written answer, and at 
13 such hearing the rules prescribed in
Sections 32 and 33 of 
14 this Act shall apply. In the case of actual or
threatened 
15 acts outside Illinois contributing to environmental damage 
16 in
Illinois, the extraterritorial service-of-process 
17 provisions of Sections
2-208 and 2-209 of the Code of Civil 
18 Procedure shall apply.


19  With respect to notices served pursuant to this 
20 subsection (c)(1) that
involve hazardous material or 
21 wastes in any manner, the Agency shall
annually publish a 
22 list of all such notices served. The list shall include
the 
23 date the investigation commenced, the date notice was sent, 
24 the date
the matter was referred to the Attorney General, 
25 if applicable, and the
current status of the matter.


26  (2) Notwithstanding the provisions of subdivision (1) 
 
 
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1 of this subsection
(c), whenever a complaint has been filed 
2 on behalf of the Agency or by the
People of the State of 
3 Illinois, the parties may file with the Board a
stipulation 
4 and proposal for settlement accompanied by a request for 
5 relief
from the requirement of a hearing pursuant to 
6 subdivision (1). Unless the
Board, in its discretion, 
7 concludes that a hearing will be held, the Board
shall 
8 cause notice of the stipulation, proposal and request for 
9 relief to
be published and sent in the same manner as is 
10 required for hearing
pursuant to subdivision (1) of this 
11 subsection. The notice shall include a
statement that any 
12 person may file a written demand for hearing within 21
days 
13 after receiving the notice. If any person files a timely 
14 written
demand for hearing, the Board shall deny the 
15 request for relief from a
hearing and shall hold a hearing 
16 in accordance with the provisions of
subdivision (1).


17  (3) Notwithstanding the provisions of subdivision (1) 
18 of this subsection
(c), if the Agency becomes aware of a 
19 violation of this Act arising from, or
as a result of, 
20 voluntary pollution prevention activities, the Agency 
21 shall not
proceed with the written notice required by 
22 subsection (a) of this Section
unless:


23   (A) the person fails to take corrective action or 
24 eliminate the reported
violation within a reasonable 
25 time; or


26   (B) the Agency believes that the violation poses a 
 
 
10000HB3342sam002- 40 -LRB100 08528 MJP 40203 a


1 substantial and
imminent danger to the public health or 
2 welfare or the environment. For the
purposes of this 
3 item (B), "substantial and imminent danger" means a 
4 danger
with a likelihood of serious or irreversible 
5 harm.


6  (d)(1) Any person may file with the Board a complaint, 
7 meeting
the requirements of subsection (c) of this Section, 
8 against any person
allegedly violating this Act, any rule 
9 or regulation adopted under this
Act, any permit or term or 
10 condition of a permit, or any Board order. The complainant 
11 shall immediately serve a copy of such complaint
upon the 
12 person or persons named therein. Unless the Board 
13 determines that
such complaint is duplicative or 
14 frivolous, it shall schedule a hearing and
serve written 
15 notice thereof upon the person or persons named therein, in

16 accord with subsection (c) of this Section.


17  (2) Whenever a complaint has been filed by a person 
18 other than the
Attorney General or the State's Attorney, 
19 the parties may file with the Board
a stipulation and 
20 proposal for settlement accompanied by a request for relief

21 from the hearing requirement of subdivision (c)(1) of this 
22 Section. Unless
the Board, in its discretion, concludes 
23 that a hearing should be held, no
hearing on the 
24 stipulation and proposal for settlement is required.

25 (e) In hearings before the Board under this Title the 
26burden shall
be on the Agency or other complainant to show 
 
 
10000HB3342sam002- 41 -LRB100 08528 MJP 40203 a


1either that the respondent
has caused or threatened to cause 
2air or water pollution or that the
respondent has violated or 
3threatens to violate any provision of this
Act or any rule or 
4regulation of the Board or permit or term or
condition thereof. 
5If such proof has been made, the burden shall be on
the 
6respondent to show that compliance with the Board's regulations

7would impose an arbitrary or unreasonable hardship.

8 (f) The provisions of this Section shall not apply to 
9administrative
citation actions commenced under Section 31.1 
10of this Act.

11 (g) Where the alleged violation under this Section is that 
12an owner or operator has accepted soil other than 
13uncontaminated soil as fill material under Section 22.51 or 
1422.51a of this Act, the Agency's allegations shall be based 
15upon a demonstrated threat to area groundwater, using the risk 
16based analysis and sampling procedures set forth in 35 Ill. 
17Adm. Code Part 742, and any testing shall be conducted by 
18laboratories that are properly certified in accordance with the 
19Agency's authority under Section 4 of this Act. The owner or 
20operator shall be given the opportunity to conduct split 
21sampling. 
22(Source: P.A. 97-519, eff. 8-23-11.)





23 (415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)



24 Sec. 31.1. Administrative citation. 

25 (a) The prohibitions specified in subsections (o) and (p) 
 
 
10000HB3342sam002- 42 -LRB100 08528 MJP 40203 a


1of
Section 21 and subsection (k) of Section 55 of this Act 
2shall be enforceable either by administrative
citation under 
3this Section or as otherwise provided by this Act. Violations 
4of Section 22.51 and 22.51a of this Act and violations of the 
5rules adopted under those Sections shall be enforceable either 
6by administrative citation under this Section or as otherwise 
7provided by this Act. 

8 (b) Whenever Agency personnel or personnel of a unit of 
9local government to
which the Agency has delegated its 
10functions pursuant to subsection (r) of
Section 4 of this Act, 
11on the basis of direct observation, determine that any
person 
12has violated any provision of subsection (o) or (p) of Section

1321, Section 22.51, Section 22.51a, or subsection (k) of Section 
1455 of this Act, or any rules adopted under Section 22.51 or 
15Section 22.51a of this Act, the Agency or such unit of local 
16government may issue and serve
an administrative citation upon 
17such person within not more than 60 days after
the date of the 
18observed violation. Each such citation issued shall be served

19upon the person named therein or such person's authorized agent 
20for service of
process, and shall include the following 
21information:


22  (1) a statement specifying the provision provisions of 
23 subsection (o) or (p)
of Section 21, Section 22.51, Section 
24 22.51a, or subsection (k) of Section 55 of which the person 
25 was observed to violate be in violation;


26  (2) a copy of the inspection report in which the Agency 
 
 
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1 or local
government recorded the violation, which report 
2 shall include the date and
time of inspection, and weather 
3 conditions prevailing during the inspection;


4  (3) the penalty imposed by subdivision (b)(4) or 
5 (b)(4-5) of Section
42 for such violation;


6  (4) instructions for contesting the administrative 
7 citation findings
pursuant to this Section, including 
8 notification that the person has 35
days within which to 
9 file a petition for review before the Board to contest
the 
10 administrative citation; and


11  (5) an affidavit by the personnel observing the 
12 violation, attesting to
their material actions and 
13 observations.

14 (c) The Agency or unit of local government shall file a 
15copy of each
administrative citation served under subsection 
16(b) of this Section with
the Board no later than 10 days after 
17the date of service.

18 (d) (1) If the person named in the administrative citation 
19fails to
petition the Board for review within 35 days from the 
20date of service, the
Board shall adopt a final order, which 
21shall include the administrative
citation and findings of 
22violation as alleged in the citation, and shall impose
the 
23penalty specified in subdivision (b)(4) or (b)(4-5) of Section 
2442.

25 (2) If a petition for review is filed before the Board to 
26contest an
administrative citation issued under subsection (b) 
 
 
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1of this Section, the
Agency or unit of local government shall 
2appear as a complainant at a
hearing before the Board to be 
3conducted pursuant to Section 32 of this Act
at a time not less 
4than 21 days after notice of such hearing has
been sent by the 
5Board to the Agency or unit of local government and the
person 
6named in the citation. In such hearings, the burden of proof 
7shall be
on the Agency or unit of local government. If, based 
8on the record, the Board
finds that the alleged violation 
9occurred, it shall adopt a final order which
shall include the 
10administrative citation and findings of violation as alleged
in 
11the citation, and shall impose the penalty specified in 
12subdivision (b)(4)
or (b)(4-5) of Section 42. However, if the 
13Board finds that the person
appealing the citation has shown 
14that the violation resulted from
uncontrollable circumstances, 
15the Board shall adopt a final order which makes
no finding of 
16violation and which imposes no penalty.

17 (e) Sections 10-25 through 10-60 of the Illinois 
18Administrative Procedure
Act shall not apply to any 
19administrative citation issued under subsection (b)
of this 
20Section.

21 (f) The other provisions of this Section shall not apply to 
22a sanitary
landfill operated by a unit of local government 
23solely for the purpose of
disposing of water and sewage 
24treatment plant sludges, including necessary
stabilizing 
25materials.

26 (g) All final orders issued and entered by the Board 
 
 
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1pursuant to this
Section shall be enforceable by injunction, 
2mandamus or other appropriate
remedy, in accordance with 
3Section 42 of this Act.

4(Source: P.A. 96-737, eff. 8-25-09; 96-1416, eff. 7-30-10.)




5 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)


6 Sec. 39. Issuance of permits; procedures. 

7 (a) When the Board has by regulation required a permit for

8the construction, installation, or operation of any type of 
9facility,
equipment, vehicle, vessel, or aircraft, the 
10applicant shall apply to
the Agency for such permit and it 
11shall be the duty of the Agency to
issue such a permit upon 
12proof by the applicant that the facility,
equipment, vehicle, 
13vessel, or aircraft will not cause a violation of
this Act or 
14of regulations hereunder. The Agency shall adopt such

15procedures as are necessary to carry out its duties under this 
16Section.
In making its determinations on permit applications 
17under this Section the Agency may consider prior adjudications 
18of
noncompliance with this Act by the applicant that involved a 
19release of a
contaminant into the environment. In granting 
20permits, the Agency
may impose reasonable conditions 
21specifically related to the applicant's past
compliance 
22history with this Act as necessary to correct, detect, or

23prevent noncompliance. The Agency may impose such other 
24conditions
as may be necessary to accomplish the purposes of 
25this Act, and as are not
inconsistent with the regulations 
 
 
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1promulgated by the Board hereunder. Except as
otherwise 
2provided in this Act, a bond or other security shall not be 
3required
as a condition for the issuance of a permit. If the 
4Agency denies any permit
under this Section, the Agency shall 
5transmit to the applicant within the time
limitations of this 
6Section specific, detailed statements as to the reasons the

7permit application was denied. Such statements shall include, 
8but not be
limited to the following:

9  (i) the Sections of this Act which may be violated if 
10 the permit
were granted;

11  (ii) the provision of the regulations, promulgated 
12 under this Act,
which may be violated if the permit were 
13 granted;

14  (iii) the specific type of information, if any, which 
15 the Agency
deems the applicant did not provide the Agency; 
16 and

17  (iv) a statement of specific reasons why the Act and 
18 the regulations
might not be met if the permit were 
19 granted.

20 If there is no final action by the Agency within 90 days 
21after the
filing of the application for permit, the applicant 
22may deem the permit
issued; except that this time period shall 
23be extended to 180 days when
(1) notice and opportunity for 
24public hearing are required by State or
federal law or 
25regulation, (2) the application which was filed is for
any 
26permit to develop a landfill subject to issuance pursuant to 
 
 
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1this
subsection, or (3) the application that was filed is for a 
2MSWLF unit
required to issue public notice under subsection (p) 
3of Section 39. The
90-day and 180-day time periods for the 
4Agency to take final action do not
apply to NPDES permit 
5applications under subsection (b) of this Section,
to RCRA 
6permit applications under subsection (d) of this Section, or
to 
7UIC permit applications under subsection (e) of this Section.

8 The Agency shall publish notice of all final permit 
9determinations for
development permits for MSWLF units and for 
10significant permit modifications
for lateral expansions for 
11existing MSWLF units one time in a newspaper of
general 
12circulation in the county in which the unit is or is proposed 
13to be
located.

14 After January 1, 1994 and until July 1, 1998, operating 
15permits issued under
this Section by the
Agency for sources of 
16air pollution permitted to emit less than 25 tons
per year of 
17any combination of regulated air pollutants, as defined in

18Section 39.5 of this Act, shall be required to be renewed only 
19upon written
request by the Agency consistent with applicable 
20provisions of this Act and
regulations promulgated hereunder. 
21Such operating permits shall expire
180 days after the date of 
22such a request. The Board shall revise its
regulations for the 
23existing State air pollution operating permit program

24consistent with this provision by January 1, 1994.

25 After June 30, 1998, operating permits issued under this 
26Section by the
Agency for sources of air pollution that are not 
 
 
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1subject to Section 39.5 of
this Act and are not required to 
2have a federally enforceable State operating
permit shall be 
3required to be renewed only upon written request by the Agency

4consistent with applicable provisions of this Act and its 
5rules. Such
operating permits shall expire 180 days after the 
6date of such a request.
Before July 1, 1998, the Board shall 
7revise its rules for the existing State
air pollution operating 
8permit program consistent with this paragraph and shall
adopt 
9rules that require a source to demonstrate that it qualifies 
10for a permit
under this paragraph.

11 (b) The Agency may issue NPDES permits exclusively under 
12this
subsection for the discharge of contaminants from point 
13sources into
navigable waters, all as defined in the Federal 
14Water Pollution Control
Act, as now or hereafter amended, 
15within the jurisdiction of the
State, or into any well.

16 All NPDES permits shall contain those terms and conditions, 
17including
but not limited to schedules of compliance, which may 
18be required to
accomplish the purposes and provisions of this 
19Act.

20 The Agency may issue general NPDES permits for discharges 
21from categories
of point sources which are subject to the same 
22permit limitations and
conditions. Such general permits may be 
23issued without individual
applications and shall conform to 
24regulations promulgated under Section 402
of the Federal Water 
25Pollution Control Act, as now or hereafter amended.

26 The Agency may include, among such conditions, effluent 
 
 
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1limitations
and other requirements established under this Act, 
2Board regulations,
the Federal Water Pollution Control Act, as 
3now or hereafter amended, and
regulations pursuant thereto, and 
4schedules for achieving compliance
therewith at the earliest 
5reasonable date.

6 The Agency shall establish a monitoring protocol for the 
7monitoring of discharges under NPDES permits issued to clean 
8construction demolition debris sites permitted under Section 
922.51. The Agency shall include these monitoring provisions to 
10alert operators and the Agency if there is illegal dumping of 
11contaminated materials or hazardous wastes at said site. 
12 The Agency shall adopt filing requirements and procedures 
13which are
necessary and appropriate for the issuance of NPDES 
14permits, and which
are consistent with the Act or regulations 
15adopted by the Board, and
with the Federal Water Pollution 
16Control Act, as now or hereafter
amended, and regulations 
17pursuant thereto.

18 The Agency, subject to any conditions which may be 
19prescribed by
Board regulations, may issue NPDES permits to 
20allow discharges beyond
deadlines established by this Act or by 
21regulations of the Board without
the requirement of a variance, 
22subject to the Federal Water Pollution
Control Act, as now or 
23hereafter amended, and regulations pursuant thereto.

24 (c) Except for those facilities owned or operated by 
25sanitary districts
organized under the Metropolitan Water 
26Reclamation District Act, no
permit for the development or 
 
 
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1construction of a new pollution control
facility may be granted 
2by the Agency unless the applicant submits proof to the
Agency 
3that the location of the facility has been approved by the 
4County Board
of the county if in an unincorporated area, or the 
5governing body of the
municipality when in an incorporated 
6area, in which the facility is to be
located in accordance with 
7Section 39.2 of this Act. For purposes of this subsection (c), 
8and for purposes of Section 39.2 of this Act, the appropriate 
9county board or governing body of the municipality shall be the 
10county board of the county or the governing body of the 
11municipality in which the facility is to be located as of the 
12date when the application for siting approval is filed.


13 In the event that siting approval granted pursuant to 
14Section 39.2 has
been transferred to a subsequent owner or 
15operator, that subsequent owner or
operator may apply to the 
16Agency for, and the Agency may grant, a development
or 
17construction permit for the facility for which local siting 
18approval was
granted. Upon application to the Agency for a 
19development or
construction permit by that subsequent owner or 
20operator,
the permit applicant shall cause written notice of 
21the permit application
to be served upon the appropriate county 
22board or governing body of the
municipality that granted siting 
23approval for that facility and upon any party
to the siting 
24proceeding pursuant to which siting approval was granted. In

25that event, the Agency shall conduct an evaluation of the 
26subsequent owner or
operator's prior experience in waste 
 
 
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1management operations in the manner
conducted under subsection 
2(i) of Section 39 of this Act.

3 Beginning August 20, 1993, if the pollution control 
4facility consists of a
hazardous or solid waste disposal 
5facility for which the proposed site is
located in an 
6unincorporated area of a county with a population of less than

7100,000 and includes all or a portion of a parcel of land that 
8was, on April 1,
1993, adjacent to a municipality having a 
9population of less than 5,000, then
the local siting review 
10required under this subsection (c) in conjunction with
any 
11permit applied for after that date shall be performed by the 
12governing body
of that adjacent municipality rather than the 
13county board of the county in
which the proposed site is 
14located; and for the purposes of that local siting
review, any 
15references in this Act to the county board shall be deemed to 
16mean
the governing body of that adjacent municipality; 
17provided, however, that the
provisions of this paragraph shall 
18not apply to any proposed site which was, on
April 1, 1993, 
19owned in whole or in part by another municipality.

20 In the case of a pollution control facility for which a

21development permit was issued before November 12, 1981, if an 
22operating
permit has not been issued by the Agency prior to 
23August 31, 1989 for
any portion of the facility, then the 
24Agency may not issue or renew any
development permit nor issue 
25an original operating permit for any portion of
such facility 
26unless the applicant has submitted proof to the Agency that the

 
 
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1location of the facility has been approved by the appropriate 
2county board or
municipal governing body pursuant to Section 
339.2 of this Act.

4 After January 1, 1994, if a solid waste
disposal facility, 
5any portion for which an operating permit has been issued by

6the Agency, has not accepted waste disposal for 5 or more 
7consecutive calendars
years, before that facility may accept 
8any new or additional waste for
disposal, the owner and 
9operator must obtain a new operating permit under this
Act for 
10that facility unless the owner and operator have applied to the 
11Agency
for a permit authorizing the temporary suspension of 
12waste acceptance. The
Agency may not issue a new operation 
13permit under this Act for the facility
unless the applicant has 
14submitted proof to the Agency that the location of the
facility 
15has been approved or re-approved by the appropriate county 
16board or
municipal governing body under Section 39.2 of this 
17Act after the facility
ceased accepting waste.

18 Except for those facilities owned or operated by sanitary 
19districts
organized under the Metropolitan Water Reclamation 
20District Act, and
except for new pollution control facilities 
21governed by Section 39.2,
and except for fossil fuel mining 
22facilities, the granting of a permit under
this Act shall not 
23relieve the applicant from meeting and securing all
necessary 
24zoning approvals from the unit of government having zoning

25jurisdiction over the proposed facility.

26 Before beginning construction on any new sewage treatment 
 
 
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1plant or sludge
drying site to be owned or operated by a 
2sanitary district organized under
the Metropolitan Water 
3Reclamation District Act for which a new
permit (rather than 
4the renewal or amendment of an existing permit) is
required, 
5such sanitary district shall hold a public hearing within the

6municipality within which the proposed facility is to be 
7located, or within the
nearest community if the proposed 
8facility is to be located within an
unincorporated area, at 
9which information concerning the proposed facility
shall be 
10made available to the public, and members of the public shall 
11be given
the opportunity to express their views concerning the 
12proposed facility.

13 The Agency may issue a permit for a municipal waste 
14transfer station
without requiring approval pursuant to 
15Section 39.2 provided that the following
demonstration is made:

16  (1) the municipal waste transfer station was in 
17 existence on or before
January 1, 1979 and was in 
18 continuous operation from January 1, 1979 to January
1, 
19 1993;

20  (2) the operator submitted a permit application to the 
21 Agency to develop
and operate the municipal waste transfer 
22 station during April of 1994;

23  (3) the operator can demonstrate that the county board 
24 of the county, if
the municipal waste transfer station is 
25 in an unincorporated area, or the
governing body of the 
26 municipality, if the station is in an incorporated area,

 
 
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1 does not object to resumption of the operation of the 
2 station; and

3  (4) the site has local zoning approval.

4 (d) The Agency may issue RCRA permits exclusively under 
5this
subsection to persons owning or operating a facility for 
6the treatment,
storage, or disposal of hazardous waste as 
7defined under this Act.

8 All RCRA permits shall contain those terms and conditions, 
9including but
not limited to schedules of compliance, which may 
10be required to accomplish
the purposes and provisions of this 
11Act. The Agency may include among such
conditions standards and 
12other requirements established under this Act,
Board 
13regulations, the Resource Conservation and Recovery Act of 1976 
14(P.L.
94-580), as amended, and regulations pursuant thereto, 
15and may include
schedules for achieving compliance therewith as 
16soon as possible. The
Agency shall require that a performance 
17bond or other security be provided
as a condition for the 
18issuance of a RCRA permit.

19 In the case of a permit to operate a hazardous waste or PCB 
20incinerator
as defined in subsection (k) of Section 44, the 
21Agency shall require, as a
condition of the permit, that the 
22operator of the facility perform such
analyses of the waste to 
23be incinerated as may be necessary and appropriate
to ensure 
24the safe operation of the incinerator.

25 The Agency shall adopt filing requirements and procedures 
26which
are necessary and appropriate for the issuance of RCRA 
 
 
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1permits, and which
are consistent with the Act or regulations 
2adopted by the Board, and with
the Resource Conservation and 
3Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations 
4pursuant thereto.

5 The applicant shall make available to the public for 
6inspection all
documents submitted by the applicant to the 
7Agency in furtherance
of an application, with the exception of 
8trade secrets, at the office of
the county board or governing 
9body of the municipality. Such documents
may be copied upon 
10payment of the actual cost of reproduction during regular

11business hours of the local office. The Agency shall issue a 
12written statement
concurrent with its grant or denial of the 
13permit explaining the basis for its
decision.

14 (e) The Agency may issue UIC permits exclusively under this

15subsection to persons owning or operating a facility for the 
16underground
injection of contaminants as defined under this 
17Act.

18 All UIC permits shall contain those terms and conditions, 
19including but
not limited to schedules of compliance, which may 
20be required to accomplish
the purposes and provisions of this 
21Act. The Agency may include among such
conditions standards and 
22other requirements established under this Act,
Board 
23regulations, the Safe Drinking Water Act (P.L. 93-523), as 
24amended,
and regulations pursuant thereto, and may include 
25schedules for achieving
compliance therewith. The Agency shall 
26require that a performance bond or
other security be provided 
 
 
10000HB3342sam002- 56 -LRB100 08528 MJP 40203 a


1as a condition for the issuance of a UIC permit.

2 The Agency shall adopt filing requirements and procedures 
3which
are necessary and appropriate for the issuance of UIC 
4permits, and which
are consistent with the Act or regulations 
5adopted by the Board, and with
the Safe Drinking Water Act 
6(P.L. 93-523), as amended, and regulations
pursuant thereto.

7 The applicant shall make available to the public for 
8inspection, all
documents submitted by the applicant to the 
9Agency in furtherance of an
application, with the exception of 
10trade secrets, at the office of the county
board or governing 
11body of the municipality. Such documents may be copied upon

12payment of the actual cost of reproduction during regular 
13business hours of the
local office. The Agency shall issue a 
14written statement concurrent with its
grant or denial of the 
15permit explaining the basis for its decision.

16 (f) In making any determination pursuant to Section 9.1 of 
17this Act:

18  (1) The Agency shall have authority to make the 
19 determination of any
question required to be determined by 
20 the Clean Air Act, as now or
hereafter amended, this Act, 
21 or the regulations of the Board, including the

22 determination of the Lowest Achievable Emission Rate, 
23 Maximum Achievable
Control Technology, or Best Available 
24 Control Technology, consistent with the
Board's 
25 regulations, if any.

26  (2) The Agency shall adopt requirements as necessary to 
 
 
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1 implement public participation procedures, including, but 
2 not limited to, public notice, comment, and an opportunity 
3 for hearing, which must accompany the processing of 
4 applications for PSD permits. The Agency shall briefly 
5 describe and respond to all significant comments on the 
6 draft permit raised during the public comment period or 
7 during any hearing. The Agency may group related comments 
8 together and provide one unified response for each issue 
9 raised.
10  (3) Any complete permit application submitted to the 
11 Agency under this subsection for a PSD permit shall be 
12 granted or denied by the Agency not later than one year 
13 after the filing of such completed application. 
14  (4) The Agency shall, after conferring with the 
15 applicant, give written
notice to the applicant of its 
16 proposed decision on the application including
the terms 
17 and conditions of the permit to be issued and the facts, 
18 conduct
or other basis upon which the Agency will rely to 
19 support its proposed action.

20 (g) The Agency shall include as conditions upon all permits 
21issued for
hazardous waste disposal sites such restrictions 
22upon the future use
of such sites as are reasonably necessary 
23to protect public health and
the environment, including 
24permanent prohibition of the use of such
sites for purposes 
25which may create an unreasonable risk of injury to human
health 
26or to the environment. After administrative and judicial 
 
 
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1challenges
to such restrictions have been exhausted, the Agency 
2shall file such
restrictions of record in the Office of the 
3Recorder of the county in which
the hazardous waste disposal 
4site is located.

5 (h) A hazardous waste stream may not be deposited in a 
6permitted hazardous
waste site unless specific authorization 
7is obtained from the Agency by the
generator and disposal site 
8owner and operator for the deposit of that specific
hazardous 
9waste stream. The Agency may grant specific authorization for

10disposal of hazardous waste streams only after the generator 
11has reasonably
demonstrated that, considering
technological 
12feasibility and economic reasonableness, the hazardous waste

13cannot be reasonably recycled for reuse, nor incinerated or 
14chemically,
physically or biologically treated so as to 
15neutralize the hazardous waste
and render it nonhazardous. In 
16granting authorization under this Section,
the Agency may 
17impose such conditions as may be necessary to accomplish
the 
18purposes of the Act and are consistent with this Act and 
19regulations
promulgated by the Board hereunder. If the Agency 
20refuses to grant
authorization under this Section, the 
21applicant may appeal as if the Agency
refused to grant a 
22permit, pursuant to the provisions of subsection (a) of
Section 
2340 of this Act. For purposes of this subsection (h), the term

24"generator" has the meaning given in Section 3.205 of this Act,

25unless: (1) the hazardous waste is treated, incinerated, or 
26partially recycled
for reuse prior to disposal, in which case 
 
 
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1the last person who treats,
incinerates, or partially recycles 
2the hazardous waste prior to disposal is the
generator; or (2) 
3the hazardous waste is from a response action, in which case

4the person performing the response action is the generator. 
5This subsection
(h) does not apply to any hazardous waste that 
6is restricted from land disposal
under 35 Ill. Adm. Code 728.

7 (i) Before issuing any RCRA permit, any permit for a waste 
8storage site,
sanitary landfill, waste disposal site, waste 
9transfer station, waste treatment
facility, waste incinerator, 
10or any waste-transportation operation, any permit or interim 
11authorization for a clean construction or demolition debris 
12fill operation, or any permit required under subsection (d-5) 
13of Section 55, the Agency
shall conduct an evaluation of the 
14prospective owner's or operator's prior
experience in waste 
15management operations, clean construction or demolition debris 
16fill operations, and tire storage site management. The Agency 
17may deny such a permit, or deny or revoke interim 
18authorization,
if the prospective owner or operator or any 
19employee or officer of the
prospective owner or operator has a 
20history of:

21  (1) repeated violations of federal, State, or local 
22 laws, regulations,
standards, or ordinances in the 
23 operation of waste management facilities or
sites, clean 
24 construction or demolition debris fill operation 
25 facilities or sites, or tire storage sites; or

26  (2) conviction in this or another State of any crime 
 
 
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1 which is a felony
under the laws of this State, or 
2 conviction of a felony in a federal court; or conviction in 
3 this or another state or federal court of any of the 
4 following crimes: forgery, official misconduct, bribery, 
5 perjury, or knowingly submitting false information under 
6 any environmental law, regulation, or permit term or 
7 condition; or

8  (3) proof of gross carelessness or incompetence in 
9 handling, storing,
processing, transporting or disposing 
10 of waste, clean construction or demolition debris, or used 
11 or waste tires, or proof of gross carelessness or 
12 incompetence in using clean construction or demolition 
13 debris as fill.

14 (i-5) Before issuing any permit or approving any interim 
15authorization for a clean construction or demolition debris 
16fill operation in which any ownership interest is transferred 
17between January 1, 2005, and the effective date of the 
18prohibition set forth in Section 22.52 of this Act, the Agency 
19shall conduct an evaluation of the operation if any previous 
20activities at the site or facility may have caused or allowed 
21contamination of the site. It shall be the responsibility of 
22the owner or operator seeking the permit or interim 
23authorization to provide to the Agency all of the information 
24necessary for the Agency to conduct its evaluation. The Agency 
25may deny a permit or interim authorization if previous 
26activities at the site may have caused or allowed contamination 
 
 
10000HB3342sam002- 61 -LRB100 08528 MJP 40203 a


1at the site, unless such contamination is authorized under any 
2permit issued by the Agency.

3 (j) The issuance under this Act of a permit to engage in 
4the surface mining
of any resources other than fossil fuels 
5shall not relieve
the permittee from its duty to comply with 
6any applicable local law regulating
the commencement, location 
7or operation of surface mining facilities.

8 (k) A development permit issued under subsection (a) of 
9Section 39 for any
facility or site which is required to have a 
10permit under subsection (d) of
Section 21 shall expire at the 
11end of 2 calendar years from the date upon which
it was issued, 
12unless within that period the applicant has taken action to

13develop the facility or the site. In the event that review of 
14the
conditions of the development permit is sought pursuant to 
15Section 40 or
41, or permittee is prevented from commencing 
16development of the facility
or site by any other litigation 
17beyond the permittee's control, such
two-year period shall be 
18deemed to begin on the date upon which such review
process or 
19litigation is concluded.

20 (l) No permit shall be issued by the Agency under this Act 
21for
construction or operation of any facility or site located 
22within the
boundaries of any setback zone established pursuant 
23to this Act, where such
construction or operation is 
24prohibited.

25 (m) The Agency may issue permits to persons owning or 
26operating
a facility for composting landscape waste. In 
 
 
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1granting such permits, the Agency
may impose such conditions as 
2may be necessary to accomplish the purposes of
this Act, and as 
3are not inconsistent with applicable regulations promulgated

4by the Board. Except as otherwise provided in this Act, a bond 
5or other
security shall not be required as a condition for the 
6issuance of a permit. If
the Agency denies any permit pursuant 
7to this subsection, the Agency shall
transmit to the applicant 
8within the time limitations of this subsection
specific, 
9detailed statements as to the reasons the permit application 
10was
denied. Such statements shall include but not be limited to 
11the following:

12  (1) the Sections of this Act that may be violated if 
13 the permit
were granted;

14  (2) the specific regulations promulgated pursuant to 
15 this
Act that may be violated if the permit were granted;

16  (3) the specific information, if any, the Agency deems 
17 the
applicant did not provide in its application to the 
18 Agency; and

19  (4) a statement of specific reasons why the Act and the 
20 regulations
might be violated if the permit were granted.

21 If no final action is taken by the Agency within 90 days 
22after the filing
of the application for permit, the applicant 
23may deem the permit issued.
Any applicant for a permit may 
24waive the 90-day limitation by filing a
written statement with 
25the Agency.

26 The Agency shall issue permits for such facilities upon 
 
 
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1receipt of an
application that includes a legal description of 
2the site, a topographic
map of the site drawn to the scale of 
3200 feet to the inch or larger, a
description of the operation, 
4including the area served, an estimate of
the volume of 
5materials to be processed, and documentation that:

6  (1) the facility includes a setback of at
least 200 
7 feet from the nearest potable water supply well;

8  (2) the facility is located outside the boundary
of the 
9 10-year floodplain or the site will be floodproofed;

10  (3) the facility is located so as to minimize

11 incompatibility with the character of the surrounding 
12 area, including at
least a 200 foot setback from any 
13 residence, and in the case of a
facility that is developed 
14 or the permitted composting area of which is
expanded after 
15 November 17, 1991, the composting area is located at least 
16 1/8
mile from the nearest residence (other than a residence 
17 located on the same
property as the facility);

18  (4) the design of the facility will prevent any compost 
19 material from
being placed within 5 feet of the water 
20 table, will adequately control runoff
from the site, and 
21 will collect and manage any leachate that is generated on

22 the site;

23  (5) the operation of the facility will include 
24 appropriate dust
and odor control measures, limitations on 
25 operating hours, appropriate
noise control measures for 
26 shredding, chipping and similar equipment,
management 
 
 
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1 procedures for composting, containment and disposal of

2 non-compostable wastes, procedures to be used for

3 terminating operations at the site, and recordkeeping 
4 sufficient to
document the amount of materials received, 
5 composted and otherwise
disposed of; and

6  (6) the operation will be conducted in accordance with 
7 any applicable
rules adopted by the Board.

8 The Agency shall issue renewable permits of not longer than 
910 years
in duration for the composting of landscape wastes, as 
10defined in Section
3.155 of this Act, based on the above 
11requirements.

12 The operator of any facility permitted under this 
13subsection (m) must
submit a written annual statement to the 
14Agency on or before April 1 of
each year that includes an 
15estimate of the amount of material, in tons,
received for 
16composting.

17 (n) The Agency shall issue permits jointly with the 
18Department of
Transportation for the dredging or deposit of 
19material in Lake Michigan in
accordance with Section 18 of the 
20Rivers, Lakes, and Streams Act.

21 (o) (Blank.)

22 (p) (1) Any person submitting an application for a permit 
23for a new MSWLF
unit or for a lateral expansion under 
24subsection (t) of Section 21 of this Act
for an existing MSWLF 
25unit that has not received and is not subject to local
siting 
26approval under Section 39.2 of this Act shall publish notice of 
 
 
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1the
application in a newspaper of general circulation in the 
2county in which the
MSWLF unit is or is proposed to be located. 
3The notice must be published at
least 15 days before submission 
4of the permit application to the Agency. The
notice shall state 
5the name and address of the applicant, the location of the

6MSWLF unit or proposed MSWLF unit, the nature and size of the 
7MSWLF unit or
proposed MSWLF unit, the nature of the activity 
8proposed, the probable life of
the proposed activity, the date 
9the permit application will be submitted, and a
statement that 
10persons may file written comments with the Agency concerning 
11the
permit application within 30 days after the filing of the 
12permit application
unless the time period to submit comments is 
13extended by the Agency.

14 When a permit applicant submits information to the Agency 
15to supplement a
permit application being reviewed by the 
16Agency, the applicant shall not be
required to reissue the 
17notice under this subsection.

18 (2) The Agency shall accept written comments concerning the 
19permit
application that are postmarked no later than 30 days 
20after the
filing of the permit application, unless the time 
21period to accept comments is
extended by the Agency.

22 (3) Each applicant for a permit described in part (1) of 
23this subsection
shall file a
copy of the permit application 
24with the county board or governing body of the
municipality in 
25which the MSWLF unit is or is proposed to be located at the

26same time the application is submitted to the Agency. The 
 
 
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1permit application
filed with the county board or governing 
2body of the municipality shall include
all documents submitted 
3to or to be submitted to the Agency, except trade
secrets as 
4determined under Section 7.1 of this Act. The permit 
5application
and other documents on file with the county board 
6or governing body of the
municipality shall be made available 
7for public inspection during regular
business hours at the 
8office of the county board or the governing body of the

9municipality and may be copied upon payment of the actual cost 
10of
reproduction.

11 (q) Within 6 months after July 12, 2011 (the effective date 
12of Public Act 97-95), the Agency, in consultation with the 
13regulated community, shall develop a web portal to be posted on 
14its website for the purpose of enhancing review and promoting 
15timely issuance of permits required by this Act. At a minimum, 
16the Agency shall make the following information available on 
17the web portal:
18  (1) Checklists and guidance relating to the completion 
19 of permit applications, developed pursuant to subsection 
20 (s) of this Section, which may include, but are not limited 
21 to, existing instructions for completing the applications 
22 and examples of complete applications. As the Agency 
23 develops new checklists and develops guidance, it shall 
24 supplement the web portal with those materials.
25  (2) Within 2 years after July 12, 2011 (the effective 
26 date of Public Act 97-95), permit application forms or 
 
 
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1 portions of permit applications that can be completed and 
2 saved electronically, and submitted to the Agency 
3 electronically with digital signatures.
4  (3) Within 2 years after July 12, 2011 (the effective 
5 date of Public Act 97-95), an online tracking system where 
6 an applicant may review the status of its pending 
7 application, including the name and contact information of 
8 the permit analyst assigned to the application. Until the 
9 online tracking system has been developed, the Agency shall 
10 post on its website semi-annual permitting efficiency 
11 tracking reports that include statistics on the timeframes 
12 for Agency action on the following types of permits 
13 received after July 12, 2011 (the effective date of Public 
14 Act 97-95): air construction permits, new NPDES permits and 
15 associated water construction permits, and modifications 
16 of major NPDES permits and associated water construction 
17 permits. The reports must be posted by February 1 and 
18 August 1 each year and shall include:
19   (A) the number of applications received for each 
20 type of permit, the number of applications on which the 
21 Agency has taken action, and the number of applications 
22 still pending; and
23   (B) for those applications where the Agency has not 
24 taken action in accordance with the timeframes set 
25 forth in this Act, the date the application was 
26 received and the reasons for any delays, which may 
 
 
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1 include, but shall not be limited to, (i) the 
2 application being inadequate or incomplete, (ii) 
3 scientific or technical disagreements with the 
4 applicant, USEPA, or other local, state, or federal 
5 agencies involved in the permitting approval process, 
6 (iii) public opposition to the permit, or (iv) Agency 
7 staffing shortages. To the extent practicable, the 
8 tracking report shall provide approximate dates when 
9 cause for delay was identified by the Agency, when the 
10 Agency informed the applicant of the problem leading to 
11 the delay, and when the applicant remedied the reason 
12 for the delay.
13 (r) Upon the request of the applicant, the Agency shall 
14notify the applicant of the permit analyst assigned to the 
15application upon its receipt.
16 (s) The Agency is authorized to prepare and distribute 
17guidance documents relating to its administration of this 
18Section and procedural rules implementing this Section. 
19Guidance documents prepared under this subsection shall not be 
20considered rules and shall not be subject to the Illinois 
21Administrative Procedure Act. Such guidance shall not be 
22binding on any party.
23 (t) Except as otherwise prohibited by federal law or 
24regulation, any person submitting an application for a permit 
25may include with the application suggested permit language for 
26Agency consideration. The Agency is not obligated to use the 
 
 
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1suggested language or any portion thereof in its permitting 
2decision. If requested by the permit applicant, the Agency 
3shall meet with the applicant to discuss the suggested 
4language.
5 (u) If requested by the permit applicant, the Agency shall 
6provide the permit applicant with a copy of the draft permit 
7prior to any public review period.
8 (v) If requested by the permit applicant, the Agency shall 
9provide the permit applicant with a copy of the final permit 
10prior to its issuance. 
11 (w) An air pollution permit shall not be required due to 
12emissions of greenhouse gases, as specified by Section 9.15 of 
13this Act.
14 (x) If, before the expiration of a State operating permit 
15that is issued pursuant to subsection (a) of this Section and 
16contains federally enforceable conditions limiting the 
17potential to emit of the source to a level below the major 
18source threshold for that source so as to exclude the source 
19from the Clean Air Act Permit Program, the Agency receives a 
20complete application for the renewal of that permit, then all 
21of the terms and conditions of the permit shall remain in 
22effect until final administrative action has been taken on the 
23application for the renewal of the permit. 
24(Source: P.A. 98-284, eff. 8-9-13; 99-396, eff. 8-18-15; 
2599-463, eff. 1-1-16; 99-642, eff. 7-28-16.)


 
 
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1 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
2 Sec. 42. Civil penalties. 
3 (a) Except as provided in this Section, any person that 
4violates any
provision of this Act or any regulation adopted by 
5the Board, or any permit
or term or condition thereof, or that 
6violates any order of the Board pursuant
to this Act, shall be 
7liable for a civil penalty of not to exceed
$50,000 for the 
8violation and an additional civil penalty of not to exceed

9$10,000 for each day during which the violation continues; such 
10penalties may,
upon order of the Board or a court of competent 
11jurisdiction, be made payable
to the Environmental Protection 
12Trust Fund, to be used in accordance with the
provisions of the 
13Environmental Protection Trust Fund Act.
14 (b) Notwithstanding the provisions of subsection (a) of 
15this Section:
16  (1) Any person that violates Section 12(f) of this Act 
17 or any
NPDES permit or term or condition thereof, or any 
18 filing requirement,
regulation or order relating to the 
19 NPDES permit program, shall be liable
to a civil penalty of 
20 not to exceed $10,000 per day of violation.
21  (2) Any person that violates Section 12(g) of this Act 
22 or any UIC permit
or term or condition thereof, or any 
23 filing requirement, regulation or order
relating to the 
24 State UIC program for all wells, except Class II wells as

25 defined by the Board under this Act, shall be liable to a 
26 civil penalty
not to exceed $2,500 per day of violation; 
 
 
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1 provided, however, that any person
who commits such 
2 violations relating to the State UIC program for Class
II 
3 wells, as defined by the Board under this Act, shall be 
4 liable to a civil
penalty of not to exceed $10,000 for the 
5 violation and an additional civil
penalty of not to exceed 
6 $1,000 for each day during which the violation
continues.
7  (3) Any person that violates Sections 21(f), 21(g), 
8 21(h) or 21(i) of
this Act, or any RCRA permit or term or 
9 condition thereof, or any filing
requirement, regulation 
10 or order relating to the State RCRA program, shall
be 
11 liable to a civil penalty of not to exceed $25,000 per day 
12 of violation.
13  (4)
In an administrative citation action under Section 
14 31.1 of this Act,
any person found to have violated any 
15 provision of subsection (o) of
Section 21 of this Act shall 
16 pay a civil penalty of $500 for each
violation of each such 
17 provision, plus any hearing costs incurred by the Board
and 
18 the Agency. Such penalties shall be made payable to the 
19 Environmental
Protection Trust Fund, to be used in 
20 accordance with the provisions of the
Environmental 
21 Protection Trust Fund Act; except that if a unit of local

22 government issued the administrative citation, 50% of the 
23 civil penalty shall
be payable to the unit of local 
24 government.
25  (4-5) In an administrative citation action under 
26 Section 31.1 of this
Act, any person found to have violated 
 
 
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1 any
provision of subsection (p) of
Section 21, Section 
2 22.51, Section 22.51a, or subsection (k) of Section 55 of 
3 this Act, or any rule adopted under Section 22.51 or 
4 Section 22.51a of this Act, shall pay a civil penalty of 
5 $1,500 for each violation
of
each such provision, plus any 
6 hearing costs incurred by the Board and the
Agency, except 
7 that the civil penalty amount shall be $3,000 for
each 
8 violation of any provision of subsection (p) of Section 21, 
9 Section 22.51, Section 22.51a, or subsection (k) of Section 
10 55, or any rule adopted under Section 22.51 or Section 
11 22.51a of this Act, that is the
person's second or 
12 subsequent adjudicated adjudication violation of that

13 provision. The penalties shall be deposited into the

14 Environmental Protection Trust Fund, to be used in 
15 accordance with the
provisions of the Environmental 
16 Protection Trust Fund Act; except that if a
unit of local 
17 government issued the administrative citation, 50% of the 
18 civil
penalty shall be payable to the unit of local 
19 government.
20  (5) Any person who violates subsection 6 of Section 
21 39.5 of this Act
or any CAAPP permit, or term or condition 
22 thereof, or any fee or filing
requirement, or any duty to 
23 allow or carry out inspection, entry or
monitoring 
24 activities, or any regulation or order relating to the 
25 CAAPP
shall be liable for a civil penalty not to exceed 
26 $10,000 per day of violation.
 
 
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1  (6) Any owner or operator of a community water system 
2 that violates subsection (b) of Section 18.1 or subsection 
3 (a) of Section 25d-3 of this Act shall, for each day of 
4 violation, be liable for a civil penalty not to exceed $5 
5 for each of the premises connected to the affected 
6 community water system.
7  (7) Any person who violates Section 52.5 of this Act 
8 shall be liable for a civil penalty of up to $1,000 for the 
9 first violation of that Section and a civil penalty of up 
10 to $2,500 for a second or subsequent violation of that 
11 Section. 
12 (b.5) In lieu of the penalties set forth in subsections (a) 
13and (b) of
this Section, any person who fails to file, in a 
14timely manner, toxic
chemical release forms with the Agency 
15pursuant to Section 25b-2
of this Act
shall be liable for a 
16civil penalty of $100 per day for
each day the forms are
late, 
17not to exceed a maximum total penalty of $6,000. This daily 
18penalty
shall begin accruing on the thirty-first day after the

19date that the person receives the warning notice issued by the 
20Agency pursuant
to Section 25b-6 of this Act; and the penalty 
21shall be paid to the Agency. The
daily accrual of penalties 
22shall cease as of January 1 of the following year.
All 
23penalties collected by the Agency pursuant to this subsection 
24shall be
deposited into the Environmental Protection Permit and 
25Inspection Fund.
26 (c) Any person that violates this Act, any rule or 
 
 
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1regulation adopted under
this Act, any permit or term or 
2condition of a permit, or any Board order and
causes the death 
3of fish
or aquatic life shall, in addition to the other 
4penalties provided by
this Act, be liable to pay to the State 
5an additional sum for the
reasonable value of the fish or 
6aquatic life destroyed. Any money so
recovered shall be placed 
7in the Wildlife and Fish Fund in the State
Treasury.
8 (d) The penalties provided for in this Section may be 
9recovered in a
civil action.
10 (e) The State's Attorney of the county in which the 
11violation
occurred, or the Attorney General, may, at the 
12request of the Agency or
on his own motion, institute a civil 
13action for an injunction, prohibitory or mandatory, to
restrain 
14violations of this Act, any rule or regulation adopted under 
15this Act,
any permit or term or condition of a permit, or any 
16Board order, or to require such other actions as may be 
17necessary to address violations of this Act, any rule or 
18regulation adopted under this Act, any permit or term or 
19condition of a permit, or any Board order.
20 (f) The State's Attorney of the county in which the 
21violation
occurred, or the Attorney General, shall bring such 
22actions in the name
of the people of the State of Illinois.

23Without limiting any other authority which may exist for the 
24awarding
of attorney's fees and costs, the Board or a court of 
25competent
jurisdiction may award costs and reasonable 
26attorney's fees, including the
reasonable costs of expert 
 
 
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1witnesses and consultants, to the State's
Attorney or the 
2Attorney General in a case where he has prevailed against a

3person who has committed a willful wilful, knowing, or repeated 
4violation of this Act,
any rule or regulation adopted under 
5this Act, any permit or term or condition
of a permit, or any 
6Board order.
7 Any funds collected under this subsection (f) in which the 
8Attorney
General has prevailed shall be deposited in the

9Hazardous Waste Fund created in Section 22.2 of this Act. Any 
10funds
collected under this subsection (f) in which a State's 
11Attorney has
prevailed shall be retained by the county in which 
12he serves.
13 (g) All final orders imposing civil penalties pursuant to 
14this Section
shall prescribe the time for payment of such 
15penalties. If any such
penalty is not paid within the time 
16prescribed, interest on such penalty
at the rate set forth in 
17subsection (a) of Section 1003 of the Illinois Income
Tax Act, 
18shall be paid for the period from the date payment is due until 
19the
date payment is received. However, if the time for payment 
20is stayed during
the pendency of an appeal, interest shall not 
21accrue during such stay.
22 (h) In determining the appropriate civil penalty to be 
23imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), 
24(b)(5), (b)(6), or (b)(7) of this
Section, the Board is 
25authorized to consider any matters of record in
mitigation or 
26aggravation of penalty, including, but not limited to, the

 
 
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1following factors:
2  (1) the duration and gravity of the violation;
3  (2) the presence or absence of due diligence on the 
4 part of the
respondent in attempting to comply with 
5 requirements of this
Act and regulations thereunder or to 
6 secure relief therefrom as provided by
this Act;
7  (3) any economic benefits accrued by the respondent

8 because of delay in compliance with requirements, in which 
9 case the economic
benefits shall be determined by the 
10 lowest cost alternative for achieving
compliance;
11  (4) the amount of monetary penalty which will serve to 
12 deter further
violations by the respondent and to otherwise 
13 aid in enhancing
voluntary
compliance with this Act by the 
14 respondent and other persons
similarly
subject to the Act;
15  (5) the number, proximity in time, and gravity of 
16 previously
adjudicated violations of this Act by the 
17 respondent;
18  (6) whether the respondent voluntarily self-disclosed, 
19 in accordance
with subsection (i) of this Section, the 
20 non-compliance to the Agency;
21  (7) whether the respondent has agreed to undertake a 
22 "supplemental
environmental project"," which means an 
23 environmentally beneficial project that
a respondent 
24 agrees to undertake in settlement of an enforcement action 
25 brought
under this Act, but which the respondent is not 
26 otherwise legally required to
perform; and
 
 
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1  (8) whether the respondent has successfully completed 
2 a Compliance Commitment Agreement under subsection (a) of 
3 Section 31 of this Act to remedy the violations that are 
4 the subject of the complaint. 
5 In determining the appropriate civil penalty to be imposed 
6under subsection
(a) or paragraph (1), (2), (3), (5), (6), or 
7(7) of subsection (b) of this Section, the
Board shall ensure, 
8in all cases, that the penalty is at least as great as the

9economic benefits, if any, accrued by the respondent as a 
10result of the
violation, unless the Board finds that imposition 
11of such penalty would result
in an arbitrary or unreasonable 
12financial hardship. However, such civil
penalty
may be off-set 
13in whole or in part pursuant to a supplemental
environmental 
14project agreed to by the complainant and the respondent.
15 (i) A person who voluntarily self-discloses non-compliance 
16to the Agency,
of which the Agency had been unaware, is 
17entitled to a 100% reduction in the
portion of the penalty that 
18is not based on the economic benefit of
non-compliance if the 
19person can
establish the following:
20  (1) that either the regulated entity is a small entity 
21 or the non-compliance was discovered through an 
22 environmental
audit or a compliance management system 
23 documented by the regulated entity as
reflecting the 
24 regulated entity's due diligence in preventing, detecting, 
25 and
correcting violations;
26  (2) that the non-compliance was disclosed in writing 
 
 
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1 within 30 days of
the date on which the person discovered 
2 it;
3  (3) that the non-compliance was discovered and 
4 disclosed prior to:
5   (i) the commencement of an Agency inspection, 
6 investigation, or request
for information;
7   (ii) notice of a citizen suit;
8   (iii) the filing of a complaint by a citizen, the 
9 Illinois Attorney
General, or the State's Attorney of 
10 the county in which the violation occurred;
11   (iv) the reporting of the non-compliance by an 
12 employee of the person
without that person's 
13 knowledge; or
14   (v) imminent discovery of the non-compliance by 
15 the Agency;
16  (4) that the non-compliance is being corrected and any 
17 environmental
harm is being remediated in a timely fashion;
18  (5) that the person agrees to prevent a recurrence of 
19 the non-compliance;
20  (6) that no related non-compliance events have 
21 occurred in the
past 3 years at the same facility or in the 
22 past 5 years as part of a
pattern at multiple facilities 
23 owned or operated by the person;
24  (7) that the non-compliance did not result in serious 
25 actual
harm or present an imminent and substantial 
26 endangerment to human
health or the environment or violate 
 
 
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1 the specific terms of any judicial or
administrative order 
2 or consent agreement;
3  (8) that the person cooperates as reasonably requested 
4 by the Agency
after the disclosure; and
5  (9) that the non-compliance was identified voluntarily 
6 and not through a
monitoring, sampling, or auditing 
7 procedure that is required by statute, rule,
permit, 
8 judicial or administrative order, or consent agreement.
9 If a person can establish all of the elements under this 
10subsection except
the element set forth in paragraph (1) of 
11this subsection, the person is
entitled to a 75% reduction in 
12the portion of the penalty that is not based
upon the economic 
13benefit of non-compliance.
14 For the purposes of this subsection (i), "small entity" has 
15the same meaning as in Section 221 of the federal Small 
16Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 
17601). 
18 (j) In addition to any other remedy or penalty that may

19apply, whether civil or criminal, any person who violates 
20Section 22.52 of this Act shall be liable for an additional 
21civil penalty of up to 3 times the gross amount of any 
22pecuniary gain resulting from the violation.

23 (k) In addition to any other remedy or penalty that may 
24apply, whether civil or criminal, any person who violates 
25subdivision (a)(7.6) of Section 31 of this Act shall be liable 
26for an additional civil penalty of $2,000. 
 
 
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1(Source: P.A. 99-934, eff. 1-27-17; 100-436, eff. 8-25-17; 
2revised 1-22-18.)

3 (415 ILCS 5/58.19 new)
4 Sec. 58.19. Concentrations of inorganic chemicals in 
5background soils.
6 (a) No later than January 1, 2019, the Agency shall:
7  (1) review available peer-reviewed data and surveys 
8 concerning the statewide area background concentrations of 
9 the inorganic chemicals listed in Table G of Appendix A of 
10 35 Ill. Adm. Code 742, including, but not limited to, 
11 Illinois State Geological Survey Circular 590 (2017), 
12 "Inorganic Chemical Composition of Illinois Soils";
13  (2) use the information reviewed under paragraph (1) 
14 and one or more statistically valid methods to determine 
15 the statewide area background concentrations of the 
16 inorganic chemicals listed in Table G of Appendix A of 35 
17 Ill. Adm. Code 742; and
18  (3) submit to the Board any proposed revisions to Table 
19 G of Appendix A of 35 Ill. Adm. Code 742 that the Agency 
20 deems necessary for the values in that table to reflect 
21 statewide area background concentrations of the listed 
22 chemicals.
23 (b) Within one year after receipt of the Agency's proposal, 
24the Board shall adopt revisions to Table G of Appendix A of 35 
25Ill. Adm. Code 742 that are based upon the proposal submitted 
 
 
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1to the Board under subsection (a) of this Section.
2 (c) On and after the adoption of rules under subsection 
3(b), if a clean construction or demolition debris fill 
4operation or an uncontaminated soil fill operation is found to 
5have exceeded any of the concentrations under Table G of 
6Appendix A of 35 Ill. Adm. Code 742 on 3 separate occasions, 
7then the Agency may: (1) close the clean construction or 
8demolition debris fill operation or the uncontaminated soil 
9fill operation; or (2) impose groundwater monitoring on the 
10clean construction or demolition debris fill operation or the 
11uncontaminated soil fill operation. This subsection applies to 
12aggregate violations if an owner or operator owns or operates 
13multiple clean construction or demolition debris fill 
14operations or uncontaminated soil fill operations. The Agency 
15may adopt any rules necessary to implement this subsection. 


16 Section 99. Effective date. This Act takes effect upon 
17becoming law.".