415 ILCS 5/21.1
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title V - Land Pollution and Refuse Disposal

 (from Ch. 111 1/2, par. 1021.1)Sec. 21.1.   (a) Except as provided in subsection (a.5), no person other  than the State of Illinois, its agencies and institutions, or a unit of local  government shall own or operate a MSWLF unit or other waste disposal operation on or after March 1,  1985, which requires a permit under subsection (d) of Section 21 of this Act,  unless such person has posted with the Agency a performance bond or other  security for the purpose of insuring closure of the site and post-closure care  in accordance with this Act and regulations adopted thereunder.(a.5) On and after the effective date established by the United  States Environmental Protection Agency for MSWLF units to provide financial  assurance under Subtitle D of the Resource Conservation and Recovery Act, no  person, other than  the State of  Illinois, its agencies and institutions, shall own or operate a MSWLF unit that requires a permit under subsection (d) of Section 21 of  this Act, unless that person has posted with the Agency a performance bond or  other security for the purposes of:(1) insuring closure of the site and post-closure     care in accordance with this Act and its rules; and(2) insuring completion of a corrective action remedy     when required by Board rules adopted under Section 22.40 of this Act or when required by Section 22.41 of this Act.The performance bond or other security requirement set forth in this  Section  may be fulfilled by closure or post-closure insurance, or both, issued by an  insurer  licensed to transact the business of insurance by the Department of Insurance  or at a minimum the insurer must be licensed to transact the business of  insurance or approved to provide insurance as an excess or surplus lines  insurer by the insurance department in one or more states.(b) On or before January 1, 1985, the Board shall adopt regulations to  promote the purposes of this Section.  Without limiting the generality of  this authority, such regulations may, among other things, prescribe the  type and amount of the performance bonds or other securities required under  subsections (a) and (a.5) of this Section, and the conditions under which the  State is entitled to collect monies from such performance bonds or other  securities.  The bond amount shall be directly related to the design and volume  of the site. The cost estimate for the post-closure care of a MSWLF unit shall  be calculated using a 30 year post-closure care period or such other period as  may be approved by the Agency under Board or federal rules. On and after the  effective date established by the United States Environmental Protection Agency  for MSWLF units to provide financial assurance under Subtitle D of the Resource  Conservation and Recovery Act, closure,  post-closure care, and corrective action cost estimates for MSWLF units shall  be in current dollars.(c) There is hereby created within the State Treasury a special fund to  be known as the "Landfill Closure and Post-Closure Fund".  Any monies forfeited  to the State of Illinois from any performance bond or other security required  under this Section shall be placed in the "Landfill Closure and Post-Closure  Fund" and shall, upon approval by the Governor and the Director, be used  by and under the direction of the Agency for the purposes for which such  performance bond or other security was issued. The Landfill Closure and  Post-Closure Fund is not subject to the provisions of subsection (c) of Section  5 of the State Finance Act.(d) The Agency is authorized to enter into such contracts and agreements  as it may deem necessary to carry out the purposes of this Section.  Neither  the State, nor the Director, nor any State employee shall be liable for  any damages or injuries arising out of or resulting from any action taken  under this Section.(e) The Agency shall have the authority to approve or disapprove any  performance bond or other security posted pursuant to subsection (a) or  (a.5) of  this Section. Any person whose performance bond or other security is  disapproved by the Agency may contest the disapproval as a permit denial  appeal pursuant to Section 40 of this Act.(f) The Agency may establish such procedures as it may deem necessary  for the purpose of implementing and executing its responsibilities under this  Section.(g) Nothing in this Section shall bar a cause of action by the State for  any other penalty or relief provided by this Act or any other law.  (Source: P.A. 97-887, eff. 8-2-12.)