SB2027sam001 101ST GENERAL ASSEMBLY

Sen. Scott M. Bennett

Filed: 4/12/2019

10100SB2027sam001 LRB101 10220 CPF 59674 a

AMENDMENT TO SENATE BILL 2027

AMENDMENT NO. ______. Amend Senate Bill 2027 by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Protection Act is amended by adding Section 21.7 as follows:

(415 ILCS 5/21.7 new)

Sec. 21.7. Legacy landfills.

(a) The purpose of this Section is to enact legislative recommendations provided by the Mahomet Aquifer Task Force, established under P.A. 100-403. The Task Force identified capped but unregulated or underregulated landfills that overlie the Mahomet Aquifer as potentially hazardous to valuable groundwater resources.

(b) The Agency shall prioritize legacy landfills for inspection using existing information within Agency records, municipalities, counties, solid waste management associations, companies, corporations, and individuals.

(c) Subject to appropriation, the Agency shall use existing information available from State and federal agencies, such as the Prairie Research Institute, the Department of Natural Resources, the Illinois Emergency Management Agency, the Federal Emergency Management Agency, and the Natural Resources Conservation Service, to identify unpermitted waste disposal sites located within the boundaries of the Mahomet Aquifer that may pose a threat to surface water or groundwater resources.

(d) Subject to appropriation, the Prairie Research Institute shall offer training to instruct landfill inspectors in the use of remote sensing technologies, geographic information systems, and current database management technologies for the routine inspection and management of landfills. The training shall include, among other things, instruction in:

(1) the preparation of georeferenced image maps and the use of aerial photography and other remote sensing technologies, such as Light Detection and Ranging (LiDAR), to identify land erosion, landslides, barren areas, leachate seeps, vegetation, and other relevant surface and subsurface features of the landfills; and

(2) the use of geographic information systems and remote sensing technologies to identify site defects, structures, and monitoring wells, and to otherwise assist in the routine inspection and management of landfills.

The Prairie Research Institute shall provide the Agency with updates on developments in remote sensing technologies, geographic information systems, and current database management technologies that have the potential to improve the routine inspection and management of landfills.

(e) The Agency shall use its own data, along with data from municipalities, counties, solid waste management associations, companies, corporations, and individuals, to archive information about legacy landfills for present and long-term use. The resulting records shall be available for use as confidential information by regulatory agencies, but shall not be subject to the Freedom of Information Act.

(f) The Agency shall further assemble location information about industries and companies that generate waste, including from historical processes. The resulting records shall be available for use as confidential information by regulatory agencies but shall not be subject to the Freedom of Information Act.

(g) For purposes of this Section, "legacy landfills" means landfills without source controls, groundwater monitoring programs, or effective engineering controls, also known as dumps.

Section 10. The Illinois Groundwater Protection Act is amended by adding Section 10 as follows:

(415 ILCS 55/10 new)

Sec. 10. Pekin Metro Landfill pilot projects.

(a) Subject to appropriation, the Agency shall design and implement up to 2 pilot studies of legacy landfills that overlie the Mahomet Aquifer using, as appropriate, remote sensing technologies and geographic information systems to identify threats to surface and groundwater resources that are posed by the landfills. One of the pilot projects shall be conducted at the Pekin Metro Landfill in Tazewell County if the Agency determines that application of these technologies would be useful in identifying threats to surface and groundwater resources posed by that landfill. The pilot projects shall:

(1) inspect and identify potential and current contamination threats to the water quality of aquifers in the same watershed as the landfill (for the Pekin Metro Landfill, the Mahomet Aquifer);

(2) use geographic information systems and remote sensing technology to track defects, structures, appliances, and wells for routine inspection and sustainable management;

(3) remedy groundwater monitoring mechanisms necessary to initiate a post-closure care period; and

(4) utilize the information and data collected from the project to create best management practices for addressing other legacy landfills throughout the State.

(b) As used in this Section:

"Best management practices" means those physical, structural, and managerial practices and prohibitions of practices that, when used singly or in combination, can prevent pollution to groundwater and surface water.

"Legacy landfills" means landfills without source controls, groundwater monitoring programs, or effective engineering controls, also known as dumps.".