Signed by Governor JB Pritzker

Vote Smart's Synopsis:

Vote to pass a bill that establishes coal-ash regulations.

Highlights:

• Defines “Coal Combustion Residual (CCR)” as fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity (Sec. 3.142).

• Defines “CCR Surface Impoundment” as a natural topographic depression, man-made excavation, or diked area, designed to hold an accumulation of CCR and liquids (Sec. 3.143).

• Prohibits any individual from doing the following, including, but not limited to (Sec. 22.59):

• Causing or allowing the discharge of any contaminants from a CCR surface impoundment into the environment that directly or indirectly violates Illinois’ EPA (IEPA) regulations and standards;

• Constructing, installing, operating, or closing any CCR Surface impoundment without a permit; or

• Depositing, injecting, dumping, spilling, leaking, or placing any CCR upon the land in a place and manner that violates this section.

• Specifies that before closing a CCR surface impoundment, the owner of the CCR surface impoundment submit to the IEPA a closure alternatives analysis that analyzes all closure methods being considered (Sec. 22.59).

• Specifies that owners or operators of a CCR surface impoundments who have submitted a closure plan to the agency before May 1, 2019 and have completed closure prior to 24 months after the effective date of this act shall not be required to obtain construction permits for the surface impoundment closure (Sec. 22.59).

• Requires the availability of performance bonds or other securities for the purpose of ensuring closure of the CCR surface impoundment and post-closure care, as well as to insure remediation of releases from the CCR surface impoundment (Sec. 22.59).

• Specifies that the only acceptable forms of financial assistance and remediation are a trust fund, surety bond guaranteeing payment, a surety bond guaranteeing performance, or an irrevocable letter of credit (Sec. 22.59).

• Requires an owner of a CCR surface impoundment that generates CCR and sells or provides coal combustion byproducts to post every 12 months, on their free website, a report specifying the volume or weight of the CCR in cubic yards or tons (Sec. 22.59).

• Requires an owner or operator of a CCR surface impoundment to pay the following fees to the IEPA within six months after the effective date of this act, including (Sec. 22.59):

• A $50,000 initial fee for each closed CCR surface impoundment;

• A $75,000 initial fee for each CCR surface impoundment that has not completed closure;

• A $25,000 annual fee beginning July 1, 2020 for each CCR surface impoundment that has not completed closure; and

• A $15,000 annual fee beginning July 1, 2020 for each CCR surface impoundment that has completed closure but has not completed post-closure care.

• Specifies that all fees collected by the IEPA shall be deposited into the Environmental Protection Permit and Inspection Fund for regulation purposes (Sec. 22.59).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes coal-ash regulations.

Highlights:

• Defines “Coal Combustion Residual (CCR)” as fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity (Sec. 3.142).

• Defines “CCR Surface Impoundment” as a natural topographic depression, man-made excavation, or diked area, designed to hold an accumulation of CCR and liquids (Sec. 3.143).

• Prohibits any individual from doing the following, including, but not limited to (Sec. 22.59):

• Causing or allowing the discharge of any contaminants from a CCR surface impoundment into the environment that directly or indirectly violates Illinois’ EPA (IEPA) regulations and standards;

• Constructing, installing, operating, or closing any CCR Surface impoundment without a permit; or

• Depositing, injecting, dumping, spilling, leaking, or placing any CCR upon the land in a place and manner that violates this section.

• Specifies that before closing a CCR surface impoundment, the owner of the CCR surface impoundment submit to the IEPA a closure alternatives analysis that analyzes all closure methods being considered (Sec. 22.59).

• Specifies that owners or operators of a CCR surface impoundments who have submitted a closure plan to the agency before May 1, 2019 and have completed closure prior to 24 months after the effective date of this act shall not be required to obtain construction permits for the surface impoundment closure (Sec. 22.59).

• Requires the availability of performance bonds or other securities for the purpose of ensuring closure of the CCR surface impoundment and post-closure care, as well as to insure remediation of releases from the CCR surface impoundment (Sec. 22.59).

• Specifies that the only acceptable forms of financial assistance and remediation are a trust fund, surety bond guaranteeing payment, a surety bond guaranteeing performance, or an irrevocable letter of credit (Sec. 22.59).

• Requires an owner of a CCR surface impoundment that generates CCR and sells or provides coal combustion byproducts to post every 12 months, on their free website, a report specifying the volume or weight of the CCR in cubic yards or tons (Sec. 22.59).

• Requires an owner or operator of a CCR surface impoundment to pay the following fees to the IEPA within six months after the effective date of this act, including (Sec. 22.59):

• A $50,000 initial fee for each closed CCR surface impoundment;

• A $75,000 initial fee for each CCR surface impoundment that has not completed closure;

• A $25,000 annual fee beginning July 1, 2020 for each CCR surface impoundment that has not completed closure; and

• A $15,000 annual fee beginning July 1, 2020 for each CCR surface impoundment that has completed closure but has not completed post-closure care.

• Specifies that all fees collected by the IEPA shall be deposited into the Environmental Protection Permit and Inspection Fund for regulation purposes (Sec. 22.59).

Full Bill Text