EPA-GREAT LAKES CCR PROTECTION

Illinois General Assembly - Full Text of SB1436

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1436

Introduced 1/31/2025, by Sen. Adriane Johnson

SYNOPSIS AS INTRODUCED:

415 ILCS 5/22.59
415 ILCS 5/22.59a new

Amends the Environmental Protection Act. Provides that owners and
operators of CCR surface impoundments at electric generating plants that
are within 4,000 feet of Lake Michigan shall close the CCR surface
impoundment by removal and off-site disposal, pursuant to specified
provisions and requirements. In additional provisions, requires an owner
or operator of an electric generating plant located within 4,000 feet of
Lake Michigan that generates or has generated CCR that is not disposed of,
treated, stored, or abandoned in a CCR surface impoundment to remove from
the owner's or operator's site, for off-site disposal, all CCR generated
by the facility that is not disposed of, treated, stored, or abandoned in a
CCR surface impoundment and remediate all soil and groundwater impacted by
the CCR, in accordance with specified requirements. Requires owners or
operators to submit specified plans and reports to the Environmental
Protection Agency. Provides that an owner or operator shall post with the
Agency a performance bond or other security for the purpose of ensuring
removal and remediation in accordance with the provisions. Provides that
the Agency may enter into such contracts and agreements as it deems
necessary to carry out the purposes of the provisions. Provides that
neither the State, nor the Director of the Agency, nor any State employee
shall be liable for any damages or injuries arising out of or resulting
from any action taken under the provisions. Contains other provisions.
Contains a severability provision. Effective immediately.
LRB104 08163 BDA 18211 b

A BILL FOR

SB1436
LRB104 08163 BDA 18211 b
1

AN ACT concerning safety.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Environmental Protection Act is amended by
5
changing Section 22.59 and by adding Section 22.59a as
6
follows:

7

(415 ILCS 5/22.59)
8

Sec. 22.59.
CCR surface impoundments.
9

(a) The General Assembly finds that:
10

(1) the State of Illinois has a long-standing policy
11

to restore, protect, and enhance the environment,
12

including the purity of the air, land, and waters,
13

including groundwaters, of this State;
14

(2) a clean environment is essential to the growth and
15

well-being of this State;
16

(3) CCR generated by the electric generating industry
17

has caused groundwater contamination and other forms of
18

pollution at active and inactive plants throughout this
19

State;
20

(4) environmental laws should be supplemented to
21

ensure consistent, responsible regulation of all existing
22

CCR surface impoundments;
and
23

(5) meaningful participation of State residents,

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1

especially vulnerable populations who may be affected by
2

regulatory actions, is critical to ensure that
3

environmental justice considerations are incorporated in
4

the development of, decision-making related to, and
5

implementation of environmental laws and rulemaking that
6

protects and improves the well-being of communities in
7

this State that bear disproportionate burdens imposed by
8

environmental pollution
; and

.
9

(6) the State recognizes the critical need to
10

zealously guard and vigilantly protect the water quality
11

and public uses of public bodies of water throughout the
12

State, including Lake Michigan.

13

Therefore, the purpose of this Section is to promote a
14
healthful environment, including clean water, air, and land,
15
meaningful public involvement, and the responsible disposal
16
and storage of coal combustion residuals, so as to protect
17
public health and to prevent pollution of the environment of
18
this State.
19

The provisions of this Section shall be liberally
20
construed to carry out the purposes of this Section.
21

(b) No person shall:
22

(1) cause or allow the discharge of any contaminants
23

from a CCR surface impoundment into the environment so as
24

to cause, directly or indirectly, a violation of this
25

Section or any regulations or standards adopted by the
26

Board under this Section, either alone or in combination

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1

with contaminants from other sources;
2

(2) construct, install, modify, operate, or close any
3

CCR surface impoundment without a permit granted by the
4

Agency, or so as to violate any conditions imposed by such
5

permit, any provision of this Section or any regulations
6

or standards adopted by the Board under this Section;
7

(3) cause or allow, directly or indirectly, the
8

discharge, deposit, injection, dumping, spilling, leaking,
9

or placing of any CCR upon the land in a place and manner
10

so as to cause or tend to cause a violation of this Section
11

or any regulations or standards adopted by the Board under
12

this Section; or
13

(4) construct, install, modify, or close a CCR surface
14

impoundment in accordance with a permit issued under this
15

Act without certifying to the Agency that all contractors,
16

subcontractors, and installers utilized to construct,
17

install, modify, or close a CCR surface impoundment are
18

participants in:
19

(A) a training program that is approved by and
20

registered with the United States Department of
21

Labor's Employment and Training Administration and
22

that includes instruction in erosion control and
23

environmental remediation; and
24

(B) a training program that is approved by and
25

registered with the United States Department of
26

Labor's Employment and Training Administration and

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that includes instruction in the operation of heavy
2

equipment and excavation.
3

Nothing in this paragraph (4) shall be construed to
4

require providers of construction-related professional
5

services to participate in a training program approved by
6

and registered with the United States Department of
7

Labor's Employment and Training Administration.
8

In this paragraph (4), "construction-related
9

professional services" includes, but is not limited to,
10

those services within the scope of: (i) the practice of
11

architecture as regulated under the Illinois Architecture
12

Practice Act of 1989; (ii) professional engineering as
13

defined in Section 4 of the Professional Engineering
14

Practice Act of 1989; (iii) the practice of a structural
15

engineer as defined in Section 4 of the Structural
16

Engineering Practice Act of 1989; or (iv) land surveying
17

under the Illinois Professional Land Surveyor Act of 1989.
18

(c) (Blank).
19

(d) Before commencing closure of a CCR surface
20
impoundment, in accordance with Board rules, the owner of a
21
CCR surface impoundment must submit to the Agency for approval
22
a closure alternatives analysis that analyzes all closure
23
methods being considered and that otherwise satisfies all
24
closure requirements adopted by the Board under this Act.
25
Complete removal of CCR, as specified by the Board's rules,
26
from the CCR surface impoundment must be considered and

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1
analyzed. Section 3.405 does not apply to the Board's rules
2
specifying complete removal of CCR. The selected closure
3
method must ensure compliance with regulations adopted by the
4
Board pursuant to this Section.
5

(e) Owners or operators of CCR surface impoundments who
6
have submitted a closure plan to the Agency before May 1, 2019,
7
and who have completed closure prior to 24 months after July
8
30, 2019 (the effective date of Public Act 101-171) shall not
9
be required to obtain a construction permit for the surface
10
impoundment closure under this Section.
11

(f) Except for the State, its agencies and institutions, a
12
unit of local government, or a not-for-profit electric
13
cooperative as defined in Section 3.4 of the Electric Supplier
14
Act, any person who owns or operates a CCR surface impoundment
15
in this State shall post with the Agency a performance bond or
16
other security for the purpose of: (i) ensuring closure of the
17
CCR surface impoundment and post-closure care in accordance
18
with this Act and its rules; and (ii) ensuring remediation of
19
releases from the CCR surface impoundment. The only acceptable
20
forms of financial assurance are: a trust fund, a surety bond
21
guaranteeing payment, a surety bond guaranteeing performance,
22
or an irrevocable letter of credit.
23

(1) The cost estimate for the post-closure care of a
24

CCR surface impoundment shall be calculated using a
25

30-year post-closure care period or such longer period as
26

may be approved by the Agency under Board or federal

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rules.
2

(2) The Agency is authorized to enter into such
3

contracts and agreements as it may deem necessary to carry
4

out the purposes of this Section. Neither the State, nor
5

the Director, nor any State employee shall be liable for
6

any damages or injuries arising out of or resulting from
7

any action taken under this Section.
8

(3) The Agency shall have the authority to approve or
9

disapprove any performance bond or other security posted
10

under this subsection. Any person whose performance bond
11

or other security is disapproved by the Agency may contest
12

the disapproval as a permit denial appeal pursuant to
13

Section 40.
14

(g) The Board shall adopt rules establishing construction
15
permit requirements, operating permit requirements, design
16
standards, reporting, financial assurance, and closure and
17
post-closure care requirements for CCR surface impoundments.
18
Not later than 8 months after July 30, 2019 (the effective date
19
of Public Act 101-171) the Agency shall propose, and not later
20
than one year after receipt of the Agency's proposal the Board
21
shall adopt, rules under this Section. The Board shall not be
22
deemed in noncompliance with the rulemaking deadline due to
23
delays in adopting rules as a result of the Joint Committee on
24
Administrative Rules oversight process. The rules must, at a
25
minimum:
26

(1) be at least as protective and comprehensive as the

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federal regulations or amendments thereto promulgated by
2

the Administrator of the United States Environmental
3

Protection Agency in Subpart D of 40 CFR 257 governing CCR
4

surface impoundments;
5

(2) specify the minimum contents of CCR surface
6

impoundment construction and operating permit
7

applications, including the closure alternatives analysis
8

required under subsection (d);
9

(3) specify which types of permits include
10

requirements for closure, post-closure, remediation and
11

all other requirements applicable to CCR surface
12

impoundments;
13

(4) specify when permit applications for existing CCR
14

surface impoundments must be submitted, taking into
15

consideration whether the CCR surface impoundment must
16

close under the RCRA;
17

(5) specify standards for review and approval by the
18

Agency of CCR surface impoundment permit applications;
19

(6) specify meaningful public participation procedures
20

for the issuance of CCR surface impoundment construction
21

and operating permits, including, but not limited to,
22

public notice of the submission of permit applications, an
23

opportunity for the submission of public comments, an
24

opportunity for a public hearing prior to permit issuance,
25

and a summary and response of the comments prepared by the
26

Agency;

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(7) prescribe the type and amount of the performance
2

bonds or other securities required under subsection (f),
3

and the conditions under which the State is entitled to
4

collect moneys from such performance bonds or other
5

securities;
6

(8) specify a procedure to identify areas of
7

environmental justice concern in relation to CCR surface
8

impoundments;
9

(9) specify a method to prioritize CCR surface
10

impoundments required to close under RCRA if not otherwise
11

specified by the United States Environmental Protection
12

Agency, so that the CCR surface impoundments with the
13

highest risk to public health and the environment, and
14

areas of environmental justice concern are given first
15

priority;
16

(10) define when complete removal of CCR is achieved
17

and specify the standards for responsible removal of CCR
18

from CCR surface impoundments, including, but not limited
19

to, dust controls and the protection of adjacent surface
20

water and groundwater; and
21

(11) describe the process and standards for
22

identifying a specific alternative source of groundwater
23

pollution when the owner or operator of the CCR surface
24

impoundment believes that groundwater contamination on the
25

site is not from the CCR surface impoundment.
26

(h) Any owner of a CCR surface impoundment that generates

SB1436
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1
CCR and sells or otherwise provides coal combustion byproducts
2
pursuant to Section 3.135 shall, every 12 months, post on its
3
publicly available website a report specifying the volume or
4
weight of CCR, in cubic yards or tons, that it sold or provided
5
during the past 12 months.
6

(i) The owner of a CCR surface impoundment shall post all
7
closure plans, permit applications, and supporting
8
documentation, as well as any Agency approval of the plans or
9
applications, on its publicly available website.
10

(j) The owner or operator of a CCR surface impoundment
11
shall pay the following fees:
12

(1) An initial fee to the Agency within 6 months after
13

July 30, 2019 (the effective date of Public Act 101-171)
14

of:
15

$50,000 for each closed CCR surface impoundment;
16

and
17

$75,000 for each CCR surface impoundment that have
18

not completed closure.
19

(2) Annual fees to the Agency, beginning on July 1,
20

2020, of:
21

$25,000 for each CCR surface impoundment that has
22

not completed closure; and
23

$15,000 for each CCR surface impoundment that has
24

completed closure, but has not completed post-closure
25

care.
26

(k) All fees collected by the Agency under subsection (j)

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1
shall be deposited into the Environmental Protection Permit
2
and Inspection Fund.
3

(l) The Coal Combustion Residual Surface Impoundment
4
Financial Assurance Fund is created as a special fund in the
5
State treasury. Any moneys forfeited to the State of Illinois
6
from any performance bond or other security required under
7
this Section shall be placed in the Coal Combustion Residual
8
Surface Impoundment Financial Assurance Fund and shall, upon
9
approval by the Governor and the Director, be used by the
10
Agency for the purposes for which such performance bond or
11
other security was issued. The Coal Combustion Residual
12
Surface Impoundment Financial Assurance Fund is not subject to
13
the provisions of subsection (c) of Section 5 of the State
14
Finance Act.
15

(m) The provisions of this Section shall apply, without
16
limitation, to all existing CCR surface impoundments and any
17
CCR surface impoundments constructed after July 30, 2019 (the
18
effective date of Public Act 101-171), except to the extent
19
prohibited by the Illinois or United States Constitutions.
20

(n) This subsection only applies to an owner or operator
21
of a facility that (i) has at least one CCR surface impoundment
22
and (ii) is an electric generating plant located within 4,000
23
feet of Lake Michigan.
24

CCR in all CCR surface impoundments subject to this
25
subsection, including CCR surface impoundments for which an
26
adjusted standard has been sought pursuant to Section 28.1,

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shall be closed by removal and off-site disposal, pursuant to
2
this Section, applicable Illinois Pollution Control Board
3
regulations, and the following provisions:
4

(1) CCR surface impoundments under this subsection are
5

not subject to the closure alternative analysis
6

requirement under subsection (d).
7

(2) Notwithstanding any other requirements of this
8

Section or Board rules or regulations, applications for
9

closure construction subject to this subsection shall be
10

submitted to the Agency within one year after the
11

effective date of this amendatory Act of the 104th General
12

Assembly. Application requirements and permit issuance
13

procedures shall follow those adopted by the Illinois
14

Pollution Control Board under this Section.
15

(3) If the owner or operator of any CCR surface
16

impoundment subject to this subsection has submitted a
17

construction permit application to the Agency to close a
18

subject CCR surface impoundment by any method other than
19

removal under Part 845 of Title 35 of the Illinois
20

Administrative Code, the owner or operator shall submit an
21

amended construction permit application that complies with
22

the requirements of this Section within one year after the
23

effective date of this amendatory Act of the 104th General
24

Assembly.
25

(4) Any permit issued by the Agency allowing a CCR
26

surface impoundment subject to this subsection to close in

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1

place shall be declared void. The Agency shall not issue
2

any operating permit or construction permit allowing
3

closure in place to the owner or operator of any CCR
4

surface impoundment subject to this subsection.

5
(Source: P.A. 102-16, eff. 6-17-21; 102-137, eff. 7-23-21;
6
102-309, eff. 8-6-21; 102-558, eff. 8-20-21; 102-662, eff.
7
9-15-21; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)

8

(415 ILCS 5/22.59a new)
9

Sec. 22.59a.
Great Lakes CCR protection.
10

(a) The General Assembly finds that:
11

(1) The State has a long-standing policy to restore,
12

protect, and enhance the environment and has a particular
13

interest in preserving the quality of Lake Michigan, which
14

serves as a drinking water source for millions of State
15

residents and provides irreplaceable recreational,
16

ecological, and economic value to Illinois.
17

(2) CCR generated by the electric generating industry
18

has contaminated, and continues to contaminate, Lake
19

Michigan, and CCR placed in unlined deposits, including
20

deposits outside of CCR surface impoundments as well as in
21

CCR surface impoundments, continues to threaten the
22

quality of Lake Michigan's water.
23

(3) The purpose of this Section is to protect Lake
24

Michigan against further contamination from CCR.
25

(b) This Section only applies to an owner or operator of a

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1
facility that (i) generates or has generated CCR that is not
2
disposed of, treated, stored, or abandoned in a CCR surface
3
impoundment and (ii) is an electric generating plant located
4
within 4,000 feet of Lake Michigan.
5

(c) An owner or operator of a facility that is subject to
6
this Section shall remove from the owner's or operator's site,
7
for off-site disposal, all CCR generated by the facility that
8
is not disposed of, treated, stored, or abandoned in a CCR
9
surface impoundment, and remediate all soil and groundwater
10
impacted by that CCR, in accordance with the following:

11

(1) Within one year after the effective date of this
12

amendatory Act of the 104th General Assembly, the owner or
13

operator shall conduct a site investigation and submit to
14

the Agency a site investigation report that identifies the
15

full extent of CCR at the site. The investigation and
16

report shall also identify the full extent of soil and
17

groundwater that, as a result of the CCR, exceeds the most
18

stringent remediation objectives adopted under Title XVII
19

of this Act.

20

(A) Within 5 days after submitting the report to
21

the Agency, the owner or operator shall post public
22

notice of the report's submission (i) on the owner or
23

operator's website, along with a copy of the report
24

for public viewing, and (ii) in a newspaper of general
25

distribution in the municipality where the applicable
26

electric generating plant is located. The notice shall

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1

be provided in English and Spanish and shall inform
2

the public of their right to submit comments on the
3

report to the Agency within 30 days after the date the
4

notice is published in the newspaper. The owner or
5

operator shall also maintain a copy of the report in a
6

public repository in the municipality where the
7

applicable electric generating plant is located for
8

public viewing, which shall be identified in the
9

public notice.

10

(B) Within 90 days after receipt of the site
11

investigation report, the Agency shall determine
12

whether the investigation and report comply with this
13

paragraph (1). In making its determination, the Agency
14

shall consider all public comments submitted within 30
15

days after the date of the newspaper notice required
16

under subparagraph (A).

17

(C) If the Agency determines the investigation and
18

report comply with this paragraph (1), it shall notify
19

the owner or operator in writing of its determination.
20

The owner or operator shall then submit a CCR removal
21

and remediation plan in accordance with paragraph (2).

22

(D) If the Agency determines the investigation or
23

report does not comply with this paragraph (1), it
24

shall notify the owner or operator in writing of its
25

determination and the reasons for the determination.
26

The owner or operator shall then have 6 months to (i)

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perform additional investigation or correct any
2

deficiencies and (ii) submit an amended site
3

investigation report to the Agency, which shall be
4

subject to the submission and review procedures set
5

forth in this paragraph (1).

6

(2) Within 6 months after the Agency's approval of the
7

site investigation report, the owner or operator shall
8

submit to the Agency a CCR removal and remediation plan
9

that will achieve the removal of all CCR at the site and
10

the remediation of all soil and groundwater that, as a
11

result of the CCR, exceeds the most stringent remediation
12

objectives adopted under Title XVII of this Act. The plan
13

shall include a schedule for completion of its major
14

milestones, along with the following:

15

(A) An analysis of the modes for transporting the
16

removed CCR off-site, including by rail, barge,
17

low-polluting trucks, or a combination of these
18

transportation modes.

19

(B) Removal of CCR consistent with 35 Ill. Adm.
20

Code 845.740 and 845.760.

21

(C) Within 5 days after submitting the plan to the
22

Agency, the owner or operator shall post public notice
23

of the plan's submission (i) on the owner or
24

operator's website, along with a copy of the plan for
25

public viewing, and (ii) in a newspaper of general
26

distribution in the municipality where the applicable

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1

electric generating plant is located. The notice shall
2

be provided in English and Spanish and shall inform
3

the public of their right to submit comments on the
4

plan to the Agency within 30 days after the date the
5

notice is published in the newspaper. The owner or
6

operator shall also maintain a copy of the report in a
7

public repository in the municipality where the
8

applicable electric generating plant is located for
9

public viewing, which shall be identified in the
10

public notice.

11

(D) Within 90 days after receipt of the plan, the
12

Agency shall determine whether the plan complies with
13

this paragraph (2). In making its determination, the
14

Agency shall consider all public comments submitted
15

within 30 days after the date of the newspaper notice
16

required under subparagraph (C).
17

(E) If the Agency determines the plan, with or
18

without Agency modifications, complies with this
19

paragraph (2), it shall notify the owner or operator
20

in writing of its determination. The owner or operator
21

shall then proceed with implementation of the plan,
22

including any modifications by the Agency, and
23

submission of a removal and remediation report in
24

accordance with paragraph (3).
25

(F) If the Agency determines the investigation or
26

report does not comply with this paragraph (2), it

SB1436
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1

shall notify the owner or operator in writing of its
2

determination and the reasons for the determination.
3

The owner or operator shall then have 60 days to submit
4

an amended plan to the Agency, which shall be subject
5

to the submission and review procedures set forth in
6

subparagraphs (C) and (D).
7

(3) In accordance with a schedule approved by the
8

Agency, the owner or operator shall implement the
9

remediation plan and provide the Agency with updates on
10

the plan's implementation. Upon completion of the plan,
11

the owner or operator shall submit a completion report to
12

the Agency.
13

(A) Within 5 days after submitting an update or
14

the completion report to the Agency on plan
15

implementation, the owner or operator shall post
16

public notice of the report's submission (i) on the
17

owner or operator's website, along with a copy of the
18

report for public viewing, and (ii) in a newspaper of
19

general distribution in the municipality where the
20

applicable electric generating plant is located. The
21

notice shall be provided in English and Spanish and
22

shall inform the public of their right to submit
23

comments on the report to the Agency within 30 days
24

after the date the notice is published in the
25

newspaper. The owner or operator shall also maintain a
26

copy of the report in a public repository in the

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1

municipality where the applicable electric generating
2

plant is located for public viewing, which shall be
3

identified in the public notice.
4

(B) Within 90 days after receipt of the completion
5

report, the Agency shall determine whether the removal
6

and remediation has resulted in (i) the removal of all
7

CCR at the site and (ii) the remediation of all soil
8

and groundwater that, as a result of the CCR, exceeds
9

the most stringent remediation objectives adopted
10

under Title XVII of this Act. In making its
11

determination, the Agency shall consider all public
12

comments submitted within 30 days after the date of
13

the newspaper notice required under subparagraph (A).
14

(C) If the Agency determines that the required
15

removal and remediation is complete, it shall notify
16

the owner or operator in writing of its determination.
17

(D) If the Agency determines that the required
18

removal and remediation is not complete, it shall
19

notify the owner or operator in writing of its
20

determination and the reasons for the determination.
21

The owner or operator shall then continue removal or
22

remediation, and submit reports to the Agency, in
23

accordance with a schedule established by the Agency.
24

Reports shall be subject to the submission and review
25

procedures set forth in subparagraphs (A) and (B). If
26

necessary, the owner or operator may amend the plan

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LRB104 08163 BDA 18211 b
1

and submit it for review and approval in accordance
2

with paragraph (2).
3

(d) Except for the State, its agencies and institutions, a
4
unit of local government, or a not-for-profit electric
5
cooperative as defined in Section 3.4 of the Electric Supplier
6
Act, an owner or operator shall post with the Agency a
7
performance bond or other security for the purpose of ensuring
8
removal and remediation in accordance with this Section. The
9
only acceptable forms of financial assurance are the forms of
10
financial assurance that are acceptable for CCR surface
11
impoundments under Section 22.59.
12

(e) The Agency may enter into such contracts and
13
agreements as it deems necessary to carry out the purposes of
14
this Section. Neither the State, nor the Director of the
15
Agency, nor any State employee shall be liable for any damages
16
or injuries arising out of or resulting from any action taken
17
under this Section.
18

(f) The Agency may approve or disapprove any performance
19
bond or other security posted under this Section. Any person
20
whose performance bond or other security is disapproved by the
21
Agency may contest the disapproval as a permit denial appeal
22
pursuant to Section 40.

23

Section 97.
Severability.
The provisions of this Act are
24
severable under Section 1.31 of the Statute on Statutes.

25

Section 99.
Effective date.
This Act takes effect upon

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1
becoming law.

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