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| Public Act 098-0346
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| HB1209 Enrolled | LRB098 08975 NHT 39109 b |
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AN ACT concerning conservation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Commerce and Economic |
Opportunity Law of the
Civil Administrative Code of Illinois is |
amended by changing Section 605-515 as follows:
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(20 ILCS 605/605-515) (was 20 ILCS 605/46.13a)
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Sec. 605-515. Environmental Regulatory Assistance Program.
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(a) In this Section, except where the
context clearly |
requires otherwise, "small business stationary source" means a
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business that is owned
or operated by a person that employs 100 |
or fewer individuals; is a small
business; is not a major |
stationary source as defined in Titles I and III
of the federal |
1990 Clean Air Act Amendments; does not emit 50 tons or more
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per year of any regulated pollutant (as defined under the |
federal Clean Air
Act); and emits less than 75 tons per year of |
all regulated pollutants.
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(b) The Department may:
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(1) Provide access to technical and compliance |
information for
Illinois firms, including small and middle |
market companies, to facilitate
local business compliance |
with the federal, State, and local environmental
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regulations.
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(2) Coordinate and enter into cooperative agreements |
with a State
ombudsman office, which shall be established |
in accordance with the federal
1990 Clean Air Act |
Amendments to provide direct oversight to the program
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established under that Act.
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(3) Enter into contracts, cooperative agreements, and |
financing
agreements and establish and collect charges and |
fees necessary or
incidental to the performance of duties |
and the execution of powers
under this Section.
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(4) Accept and expend, subject to appropriation, |
gifts, grants,
awards, funds, contributions, charges, |
fees, and other financial or
nonfinancial aid from federal, |
State, and local governmental agencies,
businesses, |
educational agencies, not-for-profit organizations, and |
other
entities, for the purposes of this Section.
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(5) Establish, staff, and administer programs and |
services and adopt
such rules and regulations necessary to |
carry out the intent of
this Section and Section 507, |
"Small Business Stationary Source Technical
and |
Environmental Compliance Assistance Program", of the |
federal 1990
Clean Air Act Amendments.
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(c) The Department's environmental compliance programs and |
services for
businesses may include, but need not be limited |
to, the following:
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(1) Communication and outreach services to or on behalf |
of individual
companies, including collection and |
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compilation of appropriate information
on regulatory |
compliance issues and control technologies, and |
dissemination
of that information through publications, |
direct mailings,
electronic
communications, conferences, |
workshops, one-on-one counseling, and other
means of |
technical assistance.
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(2) Provision of referrals and access to technical
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assistance, pollution prevention and facility audits, and |
otherwise
serving as an information clearinghouse on |
pollution prevention through the
coordination of the |
Illinois Sustainable Technology Waste Management and |
Research Center of the University of Illinois. In addition,
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environmental and regulatory compliance issues and |
techniques, which may
include business rights and |
responsibilities, applicable permitting and
compliance |
requirements, compliance methods and acceptable control
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technologies, release detection, and other applicable |
information may be
provided.
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(3) Coordination with and provision of administrative |
and logistical
support to the State
Compliance Advisory |
Panel.
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(d) There is hereby created a special fund in the State |
Treasury to be
known as the Small Business Environmental |
Assistance Fund. Monies received
under subdivision (b)(4) of |
this Section shall be deposited into the Fund.
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Monies in the Small Business Environmental Assistance Fund |
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may be used,
subject to appropriation, only for the purposes |
authorized by this Section.
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(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
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Section 10. The Business Assistance and Regulatory Reform |
Act is amended by changing Section 15 as follows:
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(20 ILCS 608/15)
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Sec. 15. Providing Information and Expediting Permit |
Reviews.
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(a) The office shall provide an information system using a |
toll-free
business assistance number. The number shall be |
advertised throughout the
State. If requested, the caller will |
be sent a basic business kit, describing
the basic requirements |
and procedures for doing business in Illinois. If
requested, |
the caller shall be directed to one or more of the additional
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services provided by the office. All persons providing advice |
to callers on
behalf of
the office and all persons responsible |
for directly providing services to
persons visiting the office |
or one of its branches shall be persons with small
business |
experience in an administrative or managerial capacity.
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(b) (Blank).
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(c) Any applicant for permits required for a business |
activity may confer
with the office to obtain assistance in the |
prompt and efficient processing and
review of applications. The |
office may designate an employee of the office to
act as a |
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permit assistance manager to:
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(1) facilitate contacts for the applicant with |
responsible agencies;
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(2) arrange conferences to clarify the requirements of |
interested
agencies;
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(3) consider with State agencies the feasibility of |
consolidating
hearings and data required of the applicant;
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(4) assist the applicant in resolution of outstanding |
issues identified by
State agencies; and
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(5) coordinate federal, State and local regulatory |
procedures and permit
review actions to the extent |
possible.
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(d) The office shall publish a directory of State business |
permits and State
programs to assist small businesses.
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(e) The office shall attempt to establish
agreements with |
local governments to
allow the office to provide assistance to |
applicants for permits required by
these local governments.
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(f) Interested
State agencies shall, to the maximum extent |
feasible, establish procedures to
expedite applications for |
infrastructure projects. Applications for permits
for |
infrastructure projects shall be approved or disapproved |
within 45 days of
submission, unless law or regulations specify |
a different period. If the
interested agency is unable to act |
within that period, the agency shall provide
a written |
notification to the office specifying reasons for its inability |
to
act and the date by which approval or disapproval shall be |
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determined. The
office may require any interested State agency |
to designate an employee who
will coordinate the handling of |
permits in that area.
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(g) In addition to its responsibilities in connection with |
permit
assistance, the office shall provide general regulatory |
information by
directing businesses to appropriate officers in |
State agencies to supply the
information requested.
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(h) The office shall help businesses to locate and apply to |
training
programs available to train current employees in |
particular skills, techniques
or areas of knowledge relevant to |
the employees' present or anticipated job
duties. In pursuit of |
this objective, the office shall provide businesses with
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pertinent information about training programs offered by State |
agencies, units
of local government, public universities and |
colleges, community colleges, and
school districts in |
Illinois.
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(i) The office shall help businesses to locate and apply to |
State programs
offering to businesses grants, loans, loan or |
bond guarantees, investment
partnerships, technology or |
productivity consultation, or other forms of
business |
assistance.
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(j) To the extent authorized by federal law, the office |
shall assist
businesses in ascertaining and complying with the |
requirements of the federal
Americans with Disabilities Act.
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(k) The office shall provide confidential on-site |
assistance in identifying
problems and solutions in compliance |
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with requirements of State and federal
environmental |
regulations. The office shall work through and contract with |
the Illinois Sustainable Technology
Waste Management and |
Research Center to provide confidential on-site
consultation |
audits that (i) assist regulatory compliance and (ii) identify
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pollution prevention opportunities.
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(k-5) Until July 1, 2012, the office shall provide |
confidential on-site assistance, including, but not limited |
to, consultation audits, to identify
problems and solutions |
regarding compliance with the requirements of the federal
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Occupational Safety and Health Administration. On and after |
July 1, 2012, the Department of Labor shall provide |
confidential on-site assistance, including, but not limited |
to, consultation audits, to identify
problems and solutions |
regarding compliance with the requirements of the federal
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Occupational Safety and Health Administration. |
(l) The office shall provide information on existing loan |
and business
assistance programs provided by the State.
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(m) Each State agency having jurisdiction to approve or |
deny a permit shall
have the continuing power heretofore or |
hereafter vested in it to make such
determinations. The |
provisions of this Act shall not lessen or reduce such
powers |
and shall modify the procedures followed in carrying out such |
powers
only to the extent provided in this Act.
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(n) (1) Each State agency shall fully cooperate with the |
office in
providing information, documentation, personnel or |
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facilities requested by the
office.
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(2) Each State agency having jurisdiction of any permit to |
which the
master application procedure is applicable shall |
designate an employee to act
as permit liaison office with the |
office in carrying out the provisions of this
Act.
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(o) (1) The office has authority, but is not required, to |
keep and analyze
appropriate statistical data regarding the |
number of permits issued by State
agencies, the amount of time |
necessary for the permits to be issued, the cost
of obtaining |
such permits, the types of projects for which specific permits |
are
issued, a geographic distribution of permits, and other |
pertinent data the
office deems appropriate.
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The office shall make such data and any analysis of the |
data available to
the public.
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(2) The office has authority, but is not required, to |
conduct or cause to be
conducted a thorough review of any |
agency's permit requirements and the need
by the State to |
require such permits. The office shall draw on the review, on
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its direct experience, and on its statistical analyses to |
prepare
recommendations regarding how to:
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(i) eliminate unnecessary or antiquated permit |
requirements;
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(ii) consolidate duplicative or overlapping permit |
requirements;
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(iii) simplify overly complex or lengthy application |
procedures;
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(iv) expedite time-consuming agency review and |
approval procedures; or
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(v) otherwise improve the permitting processes in the |
State.
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The office shall submit copies of all recommendations |
within 5 days of
issuance to the affected agency, the Governor, |
the General Assembly, and the
Joint Committee on Administrative |
Rules.
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(p) The office has authority to review State forms on its |
own initiative or
upon the request of another State agency to |
ascertain the burden, if any, of
complying with those forms. If |
the office determines that a form is unduly
burdensome to |
business, it may recommend to the agency issuing the form |
either
that the form be eliminated or that specific changes be |
made in the form.
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(q) Not later than March 1 of each year, beginning March 1, |
1995, the office
shall submit an annual
report of its |
activities during the preceding year to the Governor and |
General
Assembly. The report shall describe the activities of |
the office during the
preceding year and shall contain |
statistical information on the permit
assistance activities of |
the office.
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(Source: P.A. 97-787, eff. 7-13-12.)
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Section 15. The Hazardous Waste Technology Exchange |
Service Act is amended by changing Sections 3, 4, and 6 as |
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follows:
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(20 ILCS 1130/3) (from Ch. 111 1/2, par. 6803)
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Sec. 3. For the purposes of this Act, unless the context |
otherwise requires:
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(a) "Board" means the Board of Trustees of the University |
of Illinois.
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(b) "Center" means the Illinois Sustainable Technology |
Waste Management and Research Center
of the University of |
Illinois.
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(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
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(20 ILCS 1130/4) (from Ch. 111 1/2, par. 6804)
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Sec. 4. Illinois Sustainable Technology Waste Management |
and Research Center. The Illinois Sustainable Technology |
Center (formerly known as the Waste Management and Research |
Center) is transferred to the University of Illinois.
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(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
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(20 ILCS 1130/6) (from Ch. 111 1/2, par. 6806)
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Sec. 6. Appropriations. For the purpose of maintaining the |
Illinois Sustainable Technology Waste
Management and Research |
Center, paying the expenses and providing the
facilities and |
structures incident thereto, appropriations shall be made to
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the University of Illinois, payable from the Hazardous Waste |
Research Fund and other
funds in the State Treasury.
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(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
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Section 20. The Green Governments Illinois Act is amended |
by changing Section 15 as follows:
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(20 ILCS 3954/15)
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Sec. 15. Composition of the Council membership and |
administrative support. Representatives The Council shall be |
composed of representatives from various State agencies and |
State universities with specific fiscal, procurement, |
educational, and environmental policy expertise shall comprise |
the Council. Until the effective date of this amendatory Act of |
the 97th General Assembly, the Lieutenant Governor is the chair |
of the Council. On and after the effective date of this |
amendatory Act of the 97th General Assembly, the Governor is |
the chair of the Council, and the Lieutenant Governor, or his |
or her designee, shall be a member of the council. The director |
or President, respectively, of each of the following State |
agencies and State universities, or his or her designee, is a |
member of the Council: the Department of Commerce and Economic |
Opportunity, the Environmental Protection Agency, the |
University of Illinois, the Department of Natural Resources, |
the Department of Central Management Services, the Governor's |
Office of Management and Budget, the Department of Agriculture, |
the Department of Transportation, the Department of |
Corrections, the Department of Human Services, the Department |
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of Public Health, the State Board of Education, the Board of |
Higher Education, and the Capital Development Board. |
The Office of the Governor shall provide administrative |
support to the Council. A minimum of one staff position in the |
Office of the Governor shall be dedicated to the Green |
Governments Illinois program.
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(Source: P.A. 96-74, eff. 7-24-09; 97-573, eff. 8-25-11.)
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Section 25. The University of Illinois Exercise of |
Functions and Duties Law
of the Civil Administrative Code of |
Illinois is amended by changing Section 3000-5 as follows:
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(110 ILCS 355/3000-5) (was 110 ILCS 355/62)
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Sec. 3000-5. Retention of duties by University of Illinois. |
Unless
otherwise
provided by law, the functions and duties
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formerly exercised by the State entomologist, the Illinois |
Natural History Survey State laboratory of
natural history, the |
Illinois State Water Survey water survey, and the Illinois |
State Geological Survey geological survey
and the functions and |
duties of the Illinois Sustainable Technology Center (formerly |
known as the Waste Management and
Research Center) and its |
Hazardous Materials Laboratory as authorized by
the Hazardous |
Waste Technology Exchange Service Act shall continue to be |
exercised at the
University of Illinois in buildings and places |
provided by the trustees
of the University.
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(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
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Section 30. The University of Illinois Scientific Surveys |
Act is amended by changing Sections 5, 10, 15, 20, and 55 as |
follows:
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(110 ILCS 425/5)
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Sec. 5. Purposes. The purposes of this Act are to establish |
at the University of Illinois the Prairie Research Institute an |
institute for natural resources sustainability and to transfer |
to it all rights, powers, duties, property, and functions |
currently vested in the Department of Natural Resources |
pertaining to its Illinois Natural History Survey division, |
Illinois State Water Survey division, Illinois State |
Geological Survey division, and Illinois Sustainable |
Technology Center (formerly known as the Waste Management and |
Research Center) division (which may also be referred to as the |
Illinois Sustainable Technology Center).
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(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
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(110 ILCS 425/10)
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Sec. 10. Definitions. For the purposes of this Act, unless |
the context otherwise requires: |
"Board of Trustees" means the Board of Trustees of the |
University of Illinois. |
"Scientific Surveys" means, collectively, the Illinois |
State Natural History Survey division, the Illinois State Water |
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Survey division, the Illinois State Geological Survey |
division, and the Illinois Sustainable Technology Center |
(formerly known as the Waste Management and Research Center) |
division transferred by this Act from the Department of Natural |
Resources to the Board of Trustees.
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(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
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(110 ILCS 425/15)
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Sec. 15. Organization. The Board of Trustees shall |
establish and operate the Prairie Research Institute an |
institute for natural sciences and sustainability. The |
Institute institute shall contain within it the Illinois State |
Natural History Survey division, the Illinois State Water |
Survey division, the Illinois State Geological Survey |
division, the Illinois Sustainable Technology Waste Management |
and Research Center division, the Illinois State |
Archaeological Survey, and such other related entities, |
research functions, and responsibilities as may be |
appropriate. The Institute institute shall be under the |
governance and control of the Board of Trustees.
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(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
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(110 ILCS 425/20)
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Sec. 20. General powers and duties. In addition to its |
other powers and duties, the Board of Trustees shall have the |
power to provide for the management and operation of the |
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Prairie Research Institute Scientific Surveys including, but |
not limited to, the following powers and duties which shall be |
performed by the Scientific Surveys: |
(1) To investigate and study the natural and cultural |
resources of the State and to prepare reports and furnish |
information fundamental to the conservation and |
development of natural and cultural resources, and, for |
that purpose, the officers and employees thereof shall have |
the authority to enter and cross all lands in this State, |
doing no damage to private property. |
(2) To collaborate with and advise departments having |
administrative powers and duties relating to the natural |
resources of the State, and to collaborate with similar |
departments in other states and with the United States |
Government. |
(3) To conduct a natural history survey of the State, |
giving preference to subjects of educational and |
economical importance. The Illinois State Biologist shall |
be an employee of the Illinois Natural History Survey. |
(4) To investigate the entomology of the State. The |
Illinois State Entomologist shall be an employee of the |
Illinois Natural History Survey. |
(5) To investigate all insects dangerous or injurious |
to agricultural or horticultural plants and crops, to |
livestock, to nursery trees and plants, to the products of |
the truck farm and vegetable garden, to shade trees and |
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other ornamental vegetation of cities and villages, and to |
the products of the mills and the contents of warehouses, |
and all insects injurious or dangerous to the public |
health. |
(6) To study the geological formation of the State with |
reference to its resources of coal, ores, clays, building |
stones, cement, materials suitable for use in the |
construction of the roads, gas, oil, mineral and artesian |
water, aquifers and aquitards, and other resources and |
products. The Illinois State Geologist shall be an employee |
of the Illinois State Geological Survey. |
(7) To cooperate with United States federal agencies in |
the preparation of geological and land surface maps and |
completion of a contour topographic map and the collection, |
recording, and printing of water and atmospheric resource |
data, including stream flow measurements; and to collect |
facts and data concerning the volumes and flow of |
underground, surface, and atmospheric waters of the State; |
and to determine the mineral and chemical qualities of |
water from different geological formations and surface and |
atmospheric waters for the various sections of the State. |
(8) To act as the central data repository and research |
coordinator for the State in matters related to water and |
atmospheric resources. The Illinois State Water Survey of |
the University of Illinois may monitor and evaluate all |
weather modification operations in Illinois. The Illinois |
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State Climatologist and the Illinois State Hydrologist |
shall be employees of the Illinois State Water Survey. |
(9) To provide To collaborate with the Illinois State |
Academy of Science and to publish the results of the |
investigations and research in the field of natural science |
to the end that the same may be distributed to the |
interested public. |
(10) To perform all other duties and assume all |
obligations of the Department of Natural Resources |
pertaining to the Illinois State Water Survey, the Illinois |
State Geological Survey, the Illinois State Natural |
History Survey, and the Illinois Sustainable Technology |
Waste Management and Research Center, and the Illinois |
State Archaeological Survey. |
(11) To maintain all previously existing relationships |
between the Illinois State Water Survey, the Illinois State |
Geological Survey, the Illinois State Natural History |
Survey, and the Illinois Sustainable Technology Center, |
and the Illinois State Archaeological Survey and the public |
and private colleges and universities in Illinois. |
(12) To participate in federal and State geologic |
mapping programs. |
(13) To conduct educational programs to further the |
exchange of information
to reduce the generation of |
hazardous wastes or to treat or dispose of
such wastes so |
as to make them nonhazardous.
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(14) To provide a technical information service for |
industries involved in
the generation, treatment, or |
disposal of hazardous wastes.
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(15) To disseminate information regarding advances in |
hazardous waste
management technology and sustainability |
practices that could both protect the environment and |
further
industrial productivity.
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(16) To provide research in areas related to reduction |
of the generation of
hazardous wastes; treatment, |
recycling and reuse; toxic pollution prevention; and other |
issues that
the Board may suggest. The Illinois Pollution |
Prevention Scientist shall be an employee of the Illinois |
Sustainable Technology Center.
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(17) To investigate, preserve, and interpret the |
archaeological heritage of this State within the contexts |
of public needs and sustainable economic development |
through scientific research, public service, education, |
and outreach activities. The Illinois State Archaeologist |
shall be an employee of the Illinois State Archeological |
Survey. |
(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
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(110 ILCS 425/55)
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Sec. 55. Successor agency. For purposes of the Successor |
Agency Act and Section 9b of the State Finance Act, the Board |
of Trustees is the successor to the Department of Natural |
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Resources and the Illinois Board of Natural Resources and |
Conservation with respect to the rights, powers, duties, |
property, functions, and other matters transferred by this Act.
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(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
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Section 35. The Well Abandonment Act is amended by changing |
Section 1 as follows:
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(225 ILCS 730/1) (from Ch. 96 1/2, par. 5201)
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Sec. 1. It is the duty of the permittee of any well drilled |
or deepened
for oil or gas, to file all geophysical logs and a |
well drilling report of
said well in the office of the State |
Geological Survey of the University of Illinois within 90 days
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after drilling ceases.
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The well drilling report: (1) shall show the character
and |
depth of the formations passed through or encountered in the |
drilling
of the well, particularly showing the depth and |
thickness of oil-bearing
strata, and gas-bearing strata, (2) |
shall show the position and thickness
of coal beds and deposits |
of mineral materials of economic value, and (3)
shall give the |
location of the hole.
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The Department of Natural Resources shall supply
to the |
Illinois State Geological Survey a copy of each permit, showing |
the location of the
well.
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(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
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Section 40. The Toxic Pollution Prevention Act is amended |
by changing Sections 3 and 5 as follows:
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(415 ILCS 85/3) (from Ch. 111 1/2, par. 7953)
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Sec. 3. Definitions. As used in this Act:
|
"Agency" means the Illinois Environmental Protection |
Agency.
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"Center" means the Illinois Sustainable Technology Waste |
Management and Research Center.
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"Person" means any individual, partnership, |
co-partnership, firm,
company, corporation, association, joint |
stock company, trust, political
subdivision, State agency, or |
any other legal entity, or its legal
representative, agent or |
assigns.
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"Release" means emission to the air, discharge to surface |
waters or
off-site wastewater treatment facilities, or on-site |
release to the land,
including but not limited to landfills, |
surface impoundments and injection
wells.
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"Toxic substance" means any substance listed by the Agency |
pursuant
to Section 4 of this Act.
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"Toxic pollution prevention" means in-plant practices that |
reduce, avoid or
eliminate: (i) the use of toxic substances, |
(ii) the generation of toxic
constituents in wastes, (iii) the |
disposal or release of toxic substances into
the environment, |
or (iv) the development or manufacture of products with toxic
|
constituents, through the application of any of the following |
|
techniques:
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(1) input substitution, which refers to replacing a |
toxic substance or
raw material used in a production |
process with a nontoxic or less toxic
substance;
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(2) product reformulation, which refers to |
substituting for an existing
end product an end product |
which is nontoxic or less toxic upon use, release or
|
disposal;
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(3) production process redesign or modification, which |
refers to
developing and using production processes of a |
different design than those
currently used;
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(4) production process modernization, which refers to |
upgrading or
replacing existing production process |
equipment or methods with other
equipment or methods based |
on the same production process;
|
(5) improved operation and maintenance of existing |
production
process equipment and methods, which refers to |
modifying or adding to
existing equipment or methods, |
including but not limited to such
techniques as improved |
housekeeping practices, system adjustments, product
and |
process inspections, and production process control |
equipment or methods;
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(6) recycling, reuse or extended use of toxic |
substances by using
equipment or methods which become an |
integral part of the production
process, including but not |
limited to filtration and other closed loop methods.
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However, "toxic pollution prevention" shall not include or |
in any way be
inferred to promote or require incineration, |
transfer from one medium of
release to another, off-site or out |
of process waste recycling, or end of
pipe treatment of toxic |
substances.
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"Trade secret" means any information concerning production |
processes
employed or substances manufactured, processed or |
otherwise used within a
facility which the Agency determines to |
satisfy the criteria established
under Section 3.490 of the |
Environmental Protection Act, and to
which specific trade |
secret status has been granted by the Agency.
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(Source: P.A. 92-574, eff. 6-26-02.)
|
(415 ILCS 85/5) (from Ch. 111 1/2, par. 7955)
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Sec. 5. Toxic Pollution Prevention Assistance Program. |
There is
hereby established a Toxic Pollution Prevention |
Assistance Program at the Illinois Sustainable Technology
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Waste Management and Research
Center. The Center may establish
|
cooperative programs with public and private colleges and |
universities
designed to augment the implementation of this |
Section. The Center may
establish fees, tuition, or other |
financial charges for participation in
the Assistance Program. |
These monies shall be deposited in the Toxic
Pollution |
Prevention Fund established in Section 7 of this Act. Through |
the
Assistance Program, the Center:
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(1) Shall provide general information about and actively |
|
publicize the
advantages of and developments in toxic pollution |
prevention and sustainability practices.
|
(2) May establish courses, seminars, conferences and other |
events, and
reports, updates, guides and other publications and |
other means of
providing technical information for industries, |
local governments and
citizens concerning toxic pollution |
prevention strategies, and may, as
appropriate, work in |
cooperation with the Agency.
|
(3) Shall engage in research on toxic pollution prevention
|
methods. Such research shall include assessments of the impact
|
of adopting toxic pollution prevention methods on the |
environment, the
public health, and worker exposure, and |
assessments of the impact on
profitability and employment |
within affected industries.
|
(4) Shall provide on-site technical
consulting, to the |
extent practicable, to help facilities to
identify |
opportunities for toxic pollution prevention, and to develop
|
comprehensive toxic pollution prevention plans that would |
include water, energy, and solid waste. To be eligible for such
|
consulting, the owner or operator of a facility must agree to |
allow
information regarding the results of such consulting to |
be shared with the
public, provided that the identity of the |
facility shall be made available only
with its consent, and |
trade secret information shall remain protected.
|
(5) May sponsor pilot projects in cooperation with the
|
Agency, or an institute of higher education to develop
and |
|
demonstrate innovative technologies and methods for toxic |
pollution
prevention and sustainable development. The results |
of all such projects shall be available for use by
the public, |
but trade secret information shall remain protected.
|
(6) May award grants for activities that further the |
purposes of this
Act, including but not limited to the |
following:
|
(A) grants to not-for-profit organizations to |
establish free or
low-cost technical assistance or |
educational programs to supplement the
toxic pollution |
prevention activities of the Center;
|
(B) grants to assist trade associations, business |
organizations, labor
organizations and educational |
institutions in developing training materials
to foster |
toxic pollution prevention; and
|
(C) grants to assist industry, business organizations, |
labor
organizations, education institutions and industrial |
hygienists to
identify, evaluate and implement toxic |
pollution prevention measures and
alternatives through |
audits, plans and programs.
|
The Center may establish criteria and terms for such |
grants, including a
requirement that a grantee provide |
matching funds. Grant money awarded
under this Section may |
not be spent for capital improvements or equipment.
|
In determining whether to award a grant, the Center |
shall
consider at least the following:
|
|
(i) the potential of the project to prevent |
pollution;
|
(ii) the likelihood that the project will develop |
techniques or
processes that will minimize the |
transfer of pollution from one
environmental medium to |
another;
|
(iii) the extent to which information to be |
developed through the
project will be applicable to |
other persons in the State; and
|
(iv) the willingness of the grant applicant to |
assist the Center in
disseminating information about |
the pollution prevention methods to be
developed |
through the project.
|
(7) Shall establish and operate a State information |
clearinghouse
that
assembles, catalogues and disseminates |
information about toxic pollution
prevention and available |
consultant services. Such clearinghouse shall
include a |
computer database containing information on managerial, |
technical
and operational approaches to achieving toxic |
pollution prevention. The
computer database must be maintained |
on a system designed to enable
businesses, governmental |
agencies and the general public readily to obtain
information |
specific to production technologies, materials, operations and
|
products. A business shall not be required to submit to the |
clearinghouse
any information that is a trade secret.
|
(8) May contract with an established institution of higher |
|
education
to assist the Center in carrying out the provisions |
of this Section. The
assistance provided by such an institution |
may include, but need not be
limited to:
|
(A) engineering field internships to assist industries |
in
identifying
toxic pollution prevention opportunities;
|
(B) development of a toxic pollution prevention |
curriculum for
students and faculty; and
|
(C) applied toxic pollution prevention and recycling |
research.
|
(9) Shall emphasize assistance to businesses that have |
inadequate
technical and financial resources to obtain |
information and to assess and
implement toxic pollution |
prevention methods.
|
(10) Shall publish a biannual report on its toxic pollution
|
prevention and sustainable development activities, |
achievements, identified problems and future goals.
|
(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
|
Section 45. The Illinois Low-Level Radioactive Waste |
Management Act is amended by changing Section 3 as follows:
|
(420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)
|
Sec. 3. Definitions.
|
"Agency" means the Illinois Emergency Management Agency. |
"Broker" means any person who takes possession of low-level |
waste for
purposes of consolidation and shipment.
|
|
"Compact" means the Central Midwest Interstate Low-Level |
Radioactive
Waste Compact.
|
"Decommissioning" means the measures taken at the end of a |
facility's
operating life to assure the continued protection of |
the public from any
residual radioactivity or other potential |
hazards present at a facility.
|
"Director" means the Director of the Illinois Emergency |
Management Agency.
|
"Disposal" means the isolation of waste from the biosphere |
in a
permanent facility designed for that purpose.
|
"Facility" means a parcel of land or site, together with |
structures,
equipment and improvements on or appurtenant to the |
land or site, which
is used or is being developed for the |
treatment, storage or disposal of
low-level radioactive waste. |
"Facility" does not include lands, sites,
structures or |
equipment used by a generator in the generation of low-level
|
radioactive wastes.
|
"Generator" means any person who produces or possesses |
low-level
radioactive waste in the course of or incident to |
manufacturing, power
generation, processing, medical diagnosis |
and treatment, research,
education or other activity.
|
"Hazardous waste" means a waste, or combination of wastes, |
which
because of its quantity, concentration, or physical, |
chemical, or
infectious characteristics may cause or |
significantly contribute to an
increase in mortality or an |
increase in serious, irreversible, or
incapacitating |
|
reversible, illness; or pose a substantial present or
potential |
hazard to human health or the environment when improperly
|
treated, stored, transported, or disposed of, or otherwise |
managed, and
which has been identified, by characteristics or |
listing, as hazardous
under Section 3001 of the Resource |
Conservation and Recovery Act of
1976, P.L. 94-580 or under |
regulations of the Pollution Control Board.
|
"High-level radioactive waste" means:
|
(1) the highly radioactive material resulting from the |
reprocessing of
spent nuclear fuel including liquid waste |
produced directly in reprocessing
and any solid material |
derived from the liquid waste that contains fission
|
products in sufficient concentrations; and
|
(2) the highly radioactive material that the Nuclear |
Regulatory
Commission has determined, on the effective |
date of this Amendatory Act of
1988, to be high-level |
radioactive waste requiring permanent isolation.
|
"Low-level radioactive waste" or "waste" means radioactive |
waste not
classified as high-level radioactive waste, |
transuranic waste, spent nuclear
fuel or byproduct material as |
defined in Section 11e(2) of the Atomic Energy
Act of 1954 (42 |
U.S.C. 2014).
|
"Mixed waste" means waste that is both "hazardous waste" |
and "low-level
radioactive waste" as defined in this Act.
|
"Person" means an individual,
corporation, business |
enterprise or other legal entity either public or private
and |
|
any legal successor, representative, agent or agency of that |
individual,
corporation, business enterprise, or legal entity.
|
"Post-closure care" means the continued monitoring of the |
regional
disposal facility after closure for the purposes of |
detecting a need for
maintenance, ensuring environmental |
safety, and determining compliance with
applicable licensure |
and regulatory requirements, and includes undertaking any
|
remedial actions necessary to protect public health and the |
environment from
radioactive releases from the facility.
|
"Regional disposal facility" or "disposal facility" means |
the
facility established by the State of Illinois under this |
Act for disposal
away from the point of generation of waste
|
generated in the region of the Compact.
|
"Release" means any spilling, leaking, pumping, pouring, |
emitting,
emptying, discharging, injecting, escaping, |
leaching, dumping or disposing
into the environment of |
low-level radioactive waste.
|
"Remedial action" means those actions taken in the event of |
a release
or threatened release of low-level radioactive waste |
into the environment,
to prevent or minimize the release of the |
waste so that it does not migrate
to cause substantial danger |
to present or future public health or welfare
or the |
environment. The term includes, but is not limited to, actions
|
at the location of the release such as storage, confinement, |
perimeter
protection using dikes, trenches or ditches, clay |
cover, neutralization,
cleanup of released low-level |
|
radioactive wastes, recycling or reuse,
dredging or |
excavations, repair or replacement of leaking containers,
|
collection of leachate and runoff, onsite treatment or |
incineration,
provision of alternative water supplies and any |
monitoring reasonably
required to assure that these actions |
protect human health and the environment.
|
"Scientific Surveys" means, collectively, the Illinois |
State Geological
Survey
and the Illinois State Water Survey of |
the University of Illinois.
|
"Shallow land burial" means a land disposal facility in |
which
radioactive waste is disposed of in or within the upper |
30 meters of the
earth's surface. However, this definition |
shall not include an enclosed,
engineered, structurally |
re-enforced and solidified bunker that extends
below the |
earth's surface.
|
"Storage" means the temporary holding of waste for |
treatment or
disposal for a period determined by Agency |
regulations.
|
"Treatment" means any method, technique or process, |
including storage
for radioactive decay, designed to change the |
physical, chemical or biological
characteristics or |
composition of any waste in order to render the waste
safer for |
transport, storage or disposal, amenable to recovery, |
convertible
to another usable material or reduced in volume.
|
"Waste management" means the storage, transportation, |
treatment or
disposal of waste.
|
|
(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999; 95-777, eff. |
8-4-08; 96-328, eff. 8-11-09.)
|
Section 50. The Wildlife Code is amended by changing |
Section 1.3 as follows:
|
(520 ILCS 5/1.3)
|
Sec. 1.3. The Department shall have the authority to manage
|
wildlife and regulate the taking of wildlife for
the
purposes |
of providing public recreation and controlling wildlife |
populations.
The seasons during which wildlife may be taken, |
the methods for taking
wildlife, the daily bag
limits, and the |
possession limits shall be established by the Department
|
through
administrative rule,
but the Department may not provide |
for a longer season, a
larger daily bag limit, or a larger |
possession limit than is provided in
this Code.
|
The Natural Resources Advisory Board may also recommend to |
the Director of
Natural Resources any reductions or increases |
of seasons and bag or possession
limits or the closure of any |
season when research and inventory data indicate
the need for |
such changes.
|
The Department is authorized to establish seasons for the |
taking of
migratory birds within the dates established annually |
by
Proclamation of the
Secretary, United States Department of |
the Interior, known as the
"Rules and Regulations for Migratory |
Bird Hunting" (50 CFR 20 et seq.). When
the biological balance |
|
of any
species is affected, the Director may with the approval |
of the
Conservation Advisory Board, by administrative rule, |
lengthen, shorten
or close the season during which waterfowl |
may be taken within the
federal limitations prescribed.
If the |
Department does not adopt an administrative rule establishing a
|
season, then the season shall be as set forth in the current |
"Rules and
Regulations for Migratory Bird Hunting". The |
Department shall advise the
public by reasonable means of the |
dates of the various seasons.
|
The Department may utilize the services of the staff of the |
Illinois
State Natural History Survey of the University of |
Illinois for making investigations as to the population status |
of
the various species of wildlife.
|
Employees or agents of any state, federal, or municipal |
government or body
when engaged in investigational work and law |
enforcement, may with prior
approval of the Director, be |
exempted from the provisions of this Act.
|
(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
|
(30 ILCS 105/8.24 rep.)
|
Section 55. The State Finance Act is amended by repealing |
Section 8.24.
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|
| |
INDEX
| |
Statutes amended in order of appearance
|
|
