EPA-CCR MANAGEMENT

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3570

Introduced 2/5/2026, by Sen. Celina Villanueva

SYNOPSIS AS INTRODUCED:

415 ILCS 5/3.144 new
415 ILCS 5/22.59

Amends the Environmental Protection Act. Defines "CCR management
unit" as any area of land at any facility with a CCR surface impoundment,
on which any noncontainerized accumulation of CCR is received, is placed,
or is otherwise managed, and that is not itself a CCR surface impoundment.
Provides that the term "CCR management unit" does not include CCR used in a
manner that meets the definition of coal combustion by-product, unless the
owner or operator, or the Agency, determines that the CCR is causing or
contributing to a statistically significant concentration of one or more
constituents above the groundwater protection standard established by the
Board. Provides that no later than February 8, 2027, the owner or operator
of a CCR surface impoundment must submit to the Agency a copy of the
Facility Evaluation Reports Part 1 and 2. Provides that the Board shall
adopt rules establishing permit requirements, reporting, financial
assurance, and closure and post-closure care requirements for CCR
management units. Provides that the owner or operator of a CCR management
unit shall pay an initial fee of $75,000 for each CCR management unit by
July 1, 2027 and an annual fee of $25,000 for each CCR management unit that
has not completed closure; and $15,000 for each CCR management unit that
has not completed post-closure care, beginning July 1, 2028.
LRB104 19580 BDA 33028 b

A BILL FOR

SB3570
LRB104 19580 BDA 33028 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 3.144 as follows:

6

(415 ILCS 5/3.144 new)
7

Sec. 3.144.
CCR management unit.
"CCR management unit" is
8
any area of land at any facility with a CCR surface
9
impoundment, on which any noncontainerized accumulation of CCR
10
is received, is placed, or is otherwise managed, and that is
11
not itself a CCR surface impoundment. "CCR management unit"
12
does not include CCR used in a manner that meets the definition
13
of coal combustion by-product, unless the owner or operator of
14
the CCR management unit or the Agency determines that the CCR
15
is causing or contributing to a statistically significant
16
concentration of one or more constituents above the
17
groundwater protection standard established by the Board under
18
this Act.

19

(415 ILCS 5/22.59)
20

Sec. 22.59.
CCR surface impoundments
and CCR management
21
units
.
22

(a) The General Assembly finds that:

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1

(1) the State of Illinois has a long-standing policy
2

to restore, protect, and enhance the environment,
3

including the purity of the air, land, and waters,
4

including groundwaters, of this State;
5

(2) a clean environment is essential to the growth and
6

well-being of this State;
7

(3) CCR generated by the electric generating industry
8

has caused groundwater contamination and other forms of
9

pollution at active and inactive plants throughout this
10

State;
11

(4) environmental laws should be supplemented to
12

ensure consistent, responsible regulation of all existing
13

CCR surface impoundments
and CCR management units, whether
14

active or inactive
; and
15

(5) meaningful participation of State residents,
16

especially vulnerable populations who may be affected by
17

regulatory actions, is critical to ensure that
18

environmental justice considerations are incorporated in
19

the development of, decision-making related to, and
20

implementation of environmental laws and rulemaking that
21

protects and improves the well-being of communities in
22

this State that bear disproportionate burdens imposed by
23

environmental pollution.
24

Therefore, the purpose of this Section is to promote a
25
healthful environment, including clean water, air, and land,
26
meaningful public involvement, and the responsible disposal
,

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1
and
storage
, and other management
of coal combustion
2
residuals, so as to protect public health and to prevent
3
pollution of the environment of this State.
4

The provisions of this Section shall be liberally
5
construed to carry out the purposes of this Section.
6

(b) No person shall:
7

(1) cause or allow the discharge of any contaminants
8

from a CCR surface impoundment
or CCR management unit
into
9

the environment so as to cause, directly or indirectly, a
10

violation of this Section or any regulations or standards
11

adopted by the Board under this Section, either alone or
12

in combination with contaminants from other sources;
13

(2) construct, install, modify, operate, or close any
14

CCR surface impoundment
, or CCR management unit containing
15

1 ton or greater of CCR,
without a permit granted by the
16

Agency, or so as to violate any conditions imposed by such
17

permit, any provision of this Section or any regulations
18

or standards adopted by the Board under this Section;
19

(3) cause or allow, directly or indirectly, the
20

discharge, deposit, injection, dumping, spilling, leaking,
21

or placing of any CCR upon the land in a place and manner
22

so as to cause or tend to cause a violation of this Section
23

or any regulations or standards adopted by the Board under
24

this Section; or
25

(4) construct, install, modify, or close a CCR surface
26

impoundment
or CCR management unit
in accordance with a

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1

permit issued under this Act without certifying to the
2

Agency that all contractors, subcontractors, and
3

installers utilized to construct, install, modify, or
4

close a CCR surface impoundment
or CCR management unit
are
5

participants in:
6

(A) a training program that is approved by and
7

registered with the United States Department of
8

Labor's Employment and Training Administration and
9

that includes instruction in erosion control and
10

environmental remediation; and
11

(B) a training program that is approved by and
12

registered with the United States Department of
13

Labor's Employment and Training Administration and
14

that includes instruction in the operation of heavy
15

equipment and excavation.
16

Nothing in this paragraph (4) shall be construed to
17

require providers of construction-related professional
18

services to participate in a training program approved by
19

and registered with the United States Department of
20

Labor's Employment and Training Administration.
21

In this paragraph (4), "construction-related
22

professional services" includes, but is not limited to,
23

those services within the scope of: (i) the practice of
24

architecture as regulated under the Illinois Architecture
25

Practice Act of 1989; (ii) professional engineering as
26

defined in Section 4 of the Professional Engineering

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1

Practice Act of 1989; (iii) the practice of a structural
2

engineer as defined in Section 4 of the Structural
3

Engineering Practice Act of 1989; or (iv) land surveying
4

under the Illinois Professional Land Surveyor Act of 1989.
5

(c) (Blank).
6

(d) Before commencing closure of a CCR surface
7
impoundment,
or CCR management unit containing 1 ton or
8
greater of CCR,
in accordance with Board rules, the owner of a
9
CCR surface impoundment
or CCR management unit
must submit to
10
the Agency for approval a closure alternatives analysis that
11
analyzes all closure methods being considered and that
12
otherwise satisfies all closure requirements adopted by the
13
Board under this Act. Complete removal of CCR, as specified by
14
the Board's rules, from the CCR surface impoundment
or CCR
15
management unit
must be considered and analyzed. Section 3.405
16
does not apply to the Board's rules specifying complete
17
removal of CCR. The selected closure method must ensure
18
compliance with regulations adopted by the Board pursuant to
19
this Section.
20

(e) Owners or operators of CCR surface impoundments who
21
have submitted a closure plan to the Agency before May 1, 2019,
22
and who have completed closure prior to 24 months after July
23
30, 2019 (the effective date of Public Act 101-171) shall not
24
be required to obtain a construction permit for the surface
25
impoundment closure under this Section.
26

(f) Except for the State, its agencies and institutions, a

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1
unit of local government, or a not-for-profit electric
2
cooperative as defined in Section 3.4 of the Electric Supplier
3
Act, any person who owns or operates a CCR surface
4
impoundment
, or CCR management unit containing 1 ton or
5
greater of CCR,
in this State shall post with the Agency a
6
performance bond or other security for the purpose of: (i)
7
ensuring closure of the CCR surface impoundment
or CCR
8
management unit
and post-closure care in accordance with this
9
Act and its rules; and (ii) ensuring remediation of releases
10
from the CCR surface impoundment
or CCR management unit
. The
11
only acceptable forms of financial assurance are: a trust
12
fund, a surety bond guaranteeing payment, a surety bond
13
guaranteeing performance, or an irrevocable letter of credit.
14

(1) The cost estimate for the post-closure care of a
15

CCR surface impoundment
or CCR management unit
shall be
16

calculated using a 30-year post-closure care period or
17

such longer period as may be approved by the Agency under
18

Board or federal rules.
19

(2)
In the event of performance bond or other security
20

forfeiture, the

The
Agency is authorized to enter into
21

such contracts and agreements as it may deem necessary to
22

carry out the purposes of this
subsection

Section
. Neither
23

the State, nor the Director, nor any State employee shall
24

be liable for any damages or injuries arising out of or
25

resulting from any action taken under this
subsection

26

Section
.

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1

(3) The Agency shall have the authority to approve or
2

disapprove any performance bond or other security posted
3

under this subsection. Any person whose performance bond
4

or other security is disapproved by the Agency may contest
5

the disapproval as a permit denial appeal pursuant to
6

Section 40.
7

(g) The Board shall adopt rules establishing construction
8
permit requirements, operating permit requirements, design
9
standards, reporting, financial assurance, and closure and
10
post-closure care requirements for CCR surface impoundments.
11
Not later than 8 months after July 30, 2019 (the effective date
12
of Public Act 101-171) the Agency shall propose, and not later
13
than one year after receipt of the Agency's proposal the Board
14
shall adopt, rules under this Section. The Board shall not be
15
deemed in noncompliance with the rulemaking deadline due to
16
delays in adopting rules as a result of the Joint Committee on
17
Administrative Rules oversight process. The rules must, at a
18
minimum:
19

(1) be at least as protective and comprehensive as the
20

federal regulations or amendments thereto promulgated by
21

the Administrator of the United States Environmental
22

Protection Agency in Subpart D of 40 CFR 257 governing CCR
23

surface impoundments;
24

(2) specify the minimum contents of CCR surface
25

impoundment construction and operating permit
26

applications, including the closure alternatives analysis

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1

required under subsection (d);
2

(3) specify which types of permits include
3

requirements for closure, post-closure, remediation and
4

all other requirements applicable to CCR surface
5

impoundments;
6

(4) specify when permit applications for existing CCR
7

surface impoundments must be submitted, taking into
8

consideration whether the CCR surface impoundment must
9

close under the RCRA;
10

(5) specify standards for review and approval by the
11

Agency of CCR surface impoundment permit applications;
12

(6) specify meaningful public participation procedures
13

for the issuance of CCR surface impoundment construction
14

and operating permits, including, but not limited to,
15

public notice of the submission of permit applications, an
16

opportunity for the submission of public comments, an
17

opportunity for a public hearing prior to permit issuance,
18

and a summary and response of the comments prepared by the
19

Agency;
20

(7) prescribe the type and amount of the performance
21

bonds or other securities required under subsection (f),
22

and the conditions under which the State is entitled to
23

collect moneys from such performance bonds or other
24

securities;
25

(8) specify a procedure to identify areas of
26

environmental justice concern in relation to CCR surface

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1

impoundments;
2

(9) specify a method to prioritize CCR surface
3

impoundments required to close under RCRA if not otherwise
4

specified by the United States Environmental Protection
5

Agency, so that the CCR surface impoundments with the
6

highest risk to public health and the environment, and
7

areas of environmental justice concern are given first
8

priority;
9

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

and specify the standards for responsible removal of CCR
11

from CCR surface impoundments, including, but not limited
12

to, dust controls and the protection of adjacent surface
13

water and groundwater; and
14

(11) describe the process and standards for
15

identifying a specific alternative source of groundwater
16

pollution when the owner or operator of the CCR surface
17

impoundment believes that groundwater contamination on the
18

site is not from the CCR surface impoundment.
19

(h) Any owner of a CCR surface impoundment
or CCR
20
management unit
that generates CCR and sells or otherwise
21
provides coal combustion byproducts pursuant to Section 3.135
22
shall, every 12 months, post on its publicly available website
23
a report specifying the volume or weight of CCR, in cubic yards
24
or tons, that it sold or provided during the past 12 months.
25

(i) The owner of a CCR surface impoundment
or CCR
26
management unit
shall post all closure plans, permit

SB3570
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LRB104 19580 BDA 33028 b
1
applications, and supporting documentation, as well as any
2
Agency approval of the plans or applications, on its publicly
3
available website.
4

(j) The owner or operator of a CCR surface impoundment
5
shall pay the following fees:
6

(1) An initial fee to the Agency within 6 months after
7

July 30, 2019 (the effective date of Public Act 101-171)
8

of:
9

$50,000 for each closed CCR surface impoundment;
10

and
11

$75,000 for each CCR surface impoundment that have
12

not completed closure.
13

(2) Annual fees to the Agency, beginning on July 1,
14

2020, of:
15

$25,000 for each CCR surface impoundment that has
16

not completed closure; and
17

$15,000 for each CCR surface impoundment that has
18

completed closure, but has not completed post-closure
19

care.
20

(k) All fees collected by the Agency under
subsections

21
subsection
(j)
and (p)
shall be deposited into the
22
Environmental Protection Permit and Inspection Fund.
23

(l) The Coal Combustion Residual Surface Impoundment
24
Financial Assurance Fund is created as a special fund in the
25
State treasury. Any moneys forfeited to the State of Illinois
26
from any performance bond or other security required under

SB3570
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LRB104 19580 BDA 33028 b
1
this Section shall be placed in the Coal Combustion Residual
2
Surface Impoundment Financial Assurance Fund and shall, upon
3
approval by the Governor and the Director, be used by the
4
Agency for the purposes for which such performance bond or
5
other security was issued. The Coal Combustion Residual
6
Surface Impoundment Financial Assurance Fund is not subject to
7
the provisions of subsection (c) of Section 5 of the State
8
Finance Act.
9

(m) The provisions of this Section shall apply, without
10
limitation, to all existing CCR surface impoundments and any
11
CCR surface impoundments constructed after July 30, 2019 (the
12
effective date of Public Act 101-171),
and to all existing CCR
13
management units and any CCR management units constructed
14
after the effective date of this Public Act of the 104th
15
General Assembly,
except to the extent prohibited by the
16
Illinois or United States Constitutions.
17

(n) The following facility evaluation reporting
18
requirements apply to CCR management units.
19

(1) No later than February 8, 2027, the owner or
20

operator of a CCR surface impoundment must submit to the
21

Agency a copy of the Facility Evaluation Report Part 1
22

required under 40 CFR 257.75(c).
23

(2) No later than February 8, 2027, the owner or
24

operator of a CCR surface impoundment must submit to the
25

Agency a copy of the Facility Evaluation Report Part 2
26

required under 40 CFR 257.75(d).

SB3570
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LRB104 19580 BDA 33028 b
1

(o) The Board shall adopt rules establishing permit
2
requirements, reporting, financial assurance, and closure and
3
post-closure care requirements for CCR management units. Not
4
later than one year after the effective date of this
5
amendatory Act of the 104th General Assembly, the Agency shall
6
propose, and not later than 18 months after receipt of the
7
Agency's proposal the Board shall adopt, rules under this
8
subsection. The Board shall not be deemed in noncompliance
9
with the rulemaking deadline due to delays in adopting rules
10
as a result of the Joint Committee on Administrative Rules
11
oversight process. The rules must, at a minimum:
12

(1) be at least as protective and comprehensive as the
13

federal regulations or amendments thereto promulgated by
14

the Administrator of the United States Environmental
15

Protection Agency in Subpart D of 40 CFR 257;
16

(2) specify the minimum contents of CCR management
17

unit permit applications, including the closure
18

alternatives analysis required under subsection (d);
19

(3) specify which types of permits include
20

requirements for closure, post-closure, remediation and
21

all other requirements applicable to CCR management units;
22

(4) specify standards for review and approval by the
23

Agency of CCR management unit permit applications;
24

(5) specify meaningful public participation procedures
25

for the issuance of CCR management unit permits,
26

including, but not limited to, public notice of the

SB3570
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LRB104 19580 BDA 33028 b
1

submission of permit applications, an opportunity for the
2

submission of public comments, an opportunity for a public
3

hearing prior to permit issuance, and a summary and
4

response of the comments prepared by the Agency;
5

(6) prescribe the type and amount of the performance
6

bonds or other securities required under subsection (f)
7

and the conditions under which the State is entitled to
8

collect moneys from such performance bonds or other
9

securities;
10

(7) specify a procedure to identify areas of
11

environmental justice concern in relation to CCR
12

management units;
13

(8) define when complete removal of CCR is achieved
14

and specify the standards for responsible removal of CCR
15

from CCR management units, including, but not limited to,
16

dust controls and the protection of adjacent surface water
17

and groundwater; and
18

(9) describe the process and standards for identifying
19

a specific alternative source of groundwater pollution
20

when the owner or operator of the CCR management unit
21

believes that groundwater contamination on the site is not
22

from the CCR management unit.
23

(p) The owner or operator of a CCR management unit shall
24
pay the following fees:
25

(1) An initial fee to the Agency, by July 1, 2027, of
26

$75,000 for each CCR management unit.

SB3570
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LRB104 19580 BDA 33028 b
1

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

2028 of $25,000 for each CCR management unit that has not
3

completed closure; and $15,000 for each CCR management
4

unit that has not completed post-closure care.
5

(q) The Agency is authorized to enter into such contracts
6
and agreements as it may deem necessary to carry out the
7
purposes of this Section. Neither the State, nor the Director,
8
nor any State employee shall be liable for any damages or
9
injuries arising out of or resulting from any action taken
10
under this Section.

11
(Source: P.A. 102-16, eff. 6-17-21; 102-137, eff. 7-23-21;
12
102-309, eff. 8-6-21; 102-558, eff. 8-20-21; 102-662, eff.
13
9-15-21; 102-813, eff. 5-13-22; 103-154, eff. 6-30-23.)

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