Gov. Pritzker Signs Coal Ash Pollution Prevention Act

Governor JB Pritzker today signed sweeping legislation to prevent coal ash from polluting communities across the state of Illinois.
 
"Coal ash is a public health issue and a pollution issue, and the state of Illinois is taking action to keep communities safe," said Governor JB Pritzker. "This new law will protect our precious groundwater and rivers from toxic chemicals that can harm our residents. With the Trump administration loosening standards on coal ash, Illinois is raising the bar to protect our environment and the health of people across our state."
 
Senate Bill 9 prohibits coal ash discharge into the environment, requires IEPA approval for permitting and closures of coal combustion residual (CCR) surface impoundments such as landfills and piles, guarantees financial assurances from CCR owners or operators for future closure or maintenance costs, and directs the IEPA to propose new rules to the Pollution Control Board around the regulation of coal ash in the state, which it will then implement within 12 months.
 
The new coal ash regulations will be developed by IEPA within eight months and must satisfy the following requirements:

• Must be at least as protective and comprehensive as the federal regulations or amendment promulgated by the U.S. EPA
• Specify the minimum contents of permit applications.
• Specify which types of permits include requirements for closure, post-closure, remediation, and other requirements.
• Specify when permit applications must be submitted.
• Specify standards for review and approval by IEPA for permit applications.
• Specify meaningful public participation procedures and other methods and procedures.
• Prescribe the type and amount of the performance bonds or other securities required.
• Specify a procedure to identify areas of environmental justice concern.
• Specify a method to prioritize CCR surface impoundments required to close if not specified by the U.S. EPA.
• Define when complete removal is achieved.
• Describe the process for identifying an alternative source of contamination when the owner/operator believes it is not from the impoundment.

 
The new law also directs new funds into the Environmental Protection Permit and Inspection Fund to help IEPA run the program. Power plant owners will pay an initial fee of $50,000 for closed impoundments and $75,000 for those that haven't completed closure. Annual fees will begin on July 1, 2020: $25,000 for those that haven't completed closure and $15,000 for each impoundment that's closed but hasn't completed post-closure care.
 
Senate Bill 9 takes effect immediately.
 
"With SB 9 becoming law, Illinois clearly demonstrates that we are not content to simply respond to environmental catastrophes after they occur, but instead that we will stand up and protect our homes and families from those risks," said Sen. Scott Bennett (D- Champaign). "This is comprehensive, proactive legislation that provides the protections, regulations and financial assurances that we need to prevent more coal ash crises in our communities."
 
"This legislation represents a significant step toward cleaner water and air for communities living near coal ash throughout the state of Illinois," said Rep. Carol Ammons (D-Champaign). "I want to thank Gov. Pritzker for protecting taxpayers and our public health because those who create the mess, should clean it up."
 
"By signing this bill into law, Gov. Pritzker has taken a historic step in protecting communities and the environment from dangerous coal ash pollution across Illinois," said Colleen Smith, legislative director for the Illinois Environmental Council. "Now, polluters will be held responsible for the cleanup of their toxic waste — not residents of Illinois."
 
"This big step toward protecting our water supply and a clean energy future is the result of hard work by community leaders across the state and their legislative champions," said Jack Darin, Director of the Illinois Chapter of the Sierra Club. "We applaud Governor Pritzker for his support and signing of this legislation, and for his bold vision of a 100% clean energy future for all Illinois communities. Cleaning up these toxic coal ash sites is an essential step toward a just transition for these communities, and a future in which their water is protected and new jobs are created in the technologies of the future."
 
"This coal ash legislation is an important environmental protection success to protect safe, clean and drinkable water in Illinois," said Howard Learner, Executive Director of the Environmental Law & Policy Center.  "ELPC is pleased that Gov. Pritzker signed SB 9 because it will protect our water quality, air quality and public health."
 
"We are so pleased that Governor Pritzker has signed Senate Bill 9 into law," said Pam Richart, Co-Director of Eco-Justice Collaborative. "Community calls to clean up pollution from coal ash dumped on dozens of power plant sites across the state have been ignored for far too long. This bill ensures that those living near coal ash will have a say in how these dumps are cleaned up, so that public health and local economies are protected."
 
"Thank you to Governor Pritzker for signing the Coal Ash Pollution Prevention Act," said Andrew Rehn, a water resources engineer with Prairie Rivers Network. "We would not be here today with the incredible leadership from Senator Bennett and Representative Ammons and heroic efforts from community groups across the state. We are now taking the first steps in cleaning up the toxic coal ash stored in unlined pits across Illinois."
 
"The communities of faith represented by Faith In Place Action Fund applaud the Governor signing SB 9 into law," said Celeste Flores from Faith in Place Action Fund. "Illinois joins other states that are putting its residents' health before industrial polluters' profit. We look forward to working with IEPA to engage communities most affected by coal ash on the rulemaking process."
 
"With this law, Illinois is joining other states that are working to protect their citizens from toxic pollution from coal ash dumps," said Jennifer Cassel, an Earthjustice coal program attorney based in Chicago. "For too long, utilities have been allowed to dump this pollution into unlined pits with no regard for the consequences. That will no longer be the case in Illinois."

"This is a great win for Coal Ash Communities, especially for Waukegan residents that have been continuously affected by corporate polluters," said Dulce Ortiz from Clean Power Lake County. "The governor is putting the State of Illinois in a good trajectory in signing SB 9 into law, by sending a message that environmental justice communities across the state are being put before profitable industrial polluters like NRG Energy. Waukegan residents commend Governor Pritzker and our state legislators for making SB 9 into law. Our land is our children's future and we look forward to the state of Illinois to continue strengthening protections for our vulnerable environmental justice communities."