2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 230/ Solid Waste Site Operator Certification Law.
(225 ILCS 230/1001)(from Ch. 111, par. 7851) Sec. 1001. Short title. This Act may be cited as
the Solid Waste Site Operator Certification Law. References in this
Article to this Act shall mean this Article. (Source: P.A. 86‑1363.)
(225 ILCS 230/1002)(from Ch. 111, par. 7852) Sec. 1002. Findings. The General Assembly finds that to promote the
safeguarding of public health and the environment that landfill sites need
to have competent site operators whose practical working knowledge of the
design, operation, and maintenance of landfill sites has been certified by
the Illinois Environmental Protection Agency. (Source: P.A. 86‑1363.)
(225 ILCS 230/1003)(from Ch. 111, par. 7853) Sec. 1003. Definitions. Except as otherwise set forth herein, terms
used in this Act shall have the meanings set forth in the Environmental
Protection Act. (Source: P.A. 86‑1363.)
(225 ILCS 230/1004)(from Ch. 111, par. 7854) Sec. 1004. Prohibition. Beginning January 1, 1992, no person shall
cause or allow the operation of a landfill permitted or required to be
permitted by the Agency unless the landfill has on its operational staff at
least one natural person certified as competent by the Agency under the
provisions of this Act. (a) For landfill sites which accept non‑hazardous solid waste other than
clean construction or demolition debris, the landfill shall have a Class A
Solid Waste Site Operator certified by the Agency who is responsible for
directing landfill operations or supervising other operational staff in
performing landfill operations. (b) For landfill sites which accept only clean construction or
demolition debris, the landfill shall have a Class A or B Solid Waste Site
Operator certified by the Agency who is responsible for directing landfill
operations or supervising other operational staff in performing landfill
operations. (c) For landfill sites which accept special waste, the landfill shall
have a Class A Solid Waste Site Operator certified by the Agency who has
received a certification endorsement for the acceptance of special waste
and who is responsible for directing landfill operations or supervising
other operational staff in performing landfill operations. (Source: P.A. 86‑1363.)
(225 ILCS 230/1005)(from Ch. 111, par. 7855) Sec. 1005. Agency authority. The Agency is authorized to exercise
the following functions, powers and duties with respect to solid waste site
operator certification: (a) To conduct examinations to ascertain the qualifications of applicants
for certificates of competency as solid waste site operators; (b) To conduct courses of training on the practical aspects of the design,
operation and maintenance of sanitary landfills; (c) To issue a certificate to any applicant who has satisfactorily met all
the requirements pertaining to a certificate of competency as a solid waste
site operator; (d) To suspend, revoke or refuse to issue any certificate for any one or
any combination of the following causes: (1) The practice of any fraud or deceit in obtaining
or attempting to obtain a certificate of competency;
(2) Negligence or misconduct in the operation of a
sanitary landfill;
(3) Repeated failure to comply with any of the
requirements applicable to the operation of a sanitary landfill, except for Board requirements applicable to the collection of litter;
(4) Repeated violations of federal, State or local
laws, regulations, standards, or ordinances regarding the operation of refuse disposal facilities or sites;
(5) Conviction in this or another State of any crime
which is a felony under the laws of this State or conviction of a felony in a federal court;
(6) Proof of gross carelessness or incompetence in
handling, storing, processing, transporting, or disposing of any hazardous waste; or
(7) Being declared to be a person under a legal
disability by a court of competent jurisdiction and not thereafter having been lawfully declared to be a person not under legal disability or to have recovered.
(e) To adopt rules necessary to perform its functions, powers, and duties
with respect to solid waste site operator certifications. (Source: P.A. 86‑1363.)
(225 ILCS 230/1006)(from Ch. 111, par. 7856) Sec. 1006. Certification classifications. Solid Waste Site Operators
shall be certified in accordance with the following classifications: (a) Class "A" Solid Waste Site Operator certificates shall be issued to
those persons who in accordance with the provisions of this Section
demonstrate a practical working knowledge of the design, operation, and
maintenance of sanitary landfills in the following areas: (1) unloading, spreading, and compacting of waste,
litter collection, and vector abatement;
(2) traffic control of vehicles delivering waste; (3) application, maintenance, and inspection of
cover and cover requirements under Board rules and Agency permits;
(4) fire control, on‑site personnel safety
requirements, and contingency plan implementation;
(5) leachate control operation, leachate management,
and landfill gas management;
(6) identification of classes of waste; (7) causes for revocation or suspension of
certificates;
(8) reporting and recordkeeping required by Board
and Agency regulations and Agency permits;
(9) financial assurance and groundwater monitoring
requirements;
(10) development and implementation of contingency
plans, closure plans, post closure plans, and corrective action; and
(11) requirements for payment of fees. (b) Class "B" Solid Waste Operator Certificates shall be issued to those
persons who demonstrate a practical working knowledge of the design,
operation, and maintenance of landfill sites accepting only clean
construction or demolition debris in the following areas: (1) unloading and spreading of waste; (2) traffic control of vehicles delivering waste; (3) application, maintenance, and inspection of
cover and cover requirement under Board rules and Agency permits;
(4) fire control, on‑site personnel safety segments
and contingency plan implementation;
(5) leachate control operation and leachate
management;
(6) identification of classes of waste; (7) causes for revocation or suspension of
certificates;
(8) reporting and recordkeeping required by Board
and Agency regulations and Agency permits;
(9) financial assurance and groundwater
requirements; and
(10) development and implementation of contingency
plans, closure plans, post closure plans, and corrective action.
(c) Special waste certificate endorsements shall be issued to those
persons who are certified as Class A Solid Waste Site Operators in
accordance with the provisions of this Section, and who demonstrate a
practical working knowledge of the design, operation, and maintenance of
sanitary landfills relative to the acceptance and disposal of special wastes. (Source: P.A. 86‑1363.)
(225 ILCS 230/1007)(from Ch. 111, par. 7857) Sec. 1007. Qualifications. Every solid waste site operator certified
by the Agency shall be capable of performing his duties without endangering
the public health or the environment and without violating the requirements
applicable to operation of sanitary landfills; shall be able to read and
write English; shall produce evidence acceptable to the Agency as to his
ability to maintain and operate properly the structures and equipment
entrusted to his care; and shall satisfactorily demonstrate to the Agency a
practical working knowledge of the design, operation, and maintenance of
sanitary landfills appropriate to the classification for which
certification is sought. In addition, persons shall be certified as Class
"A" or Class "B" based on level of competency determined by examination and
in accordance with educational and experience levels as follows: (a) Class "A" Certificates. (1) Graduation from high school or equivalent and
not less than 2 years of acceptable study, training, and responsible experience in sanitary landfill operation or management, or not less than 7 years of acceptable study training and responsible experience in operation or management of earth moving equipment; or
(2) Grammar school completion or equivalent and not
less than 15 years of acceptable study, training, and responsible experience in sanitary landfill operation or management.
(b) Class "B" Certificates. (1) Graduation from high school or equivalent and
not less than 6 months of acceptable study, training, and responsible experience in sanitary landfill operation or management, or not less than 3 years of acceptable study training and responsible experience in operation or management of earth moving equipment; or
(2) Grammar school completion or equivalent and not
less than 5 years of acceptable study, training, and responsible experience in sanitary landfill operation or management.
(Source: P.A. 86‑1363.)
(225 ILCS 230/1008)(from Ch. 111, par. 7858) Sec. 1008. Applications. Applications for certification shall: (a) Be submitted by natural persons on forms prescribed by the Agency; (b) Contain statements under oath showing applicant's education
and experience; (c) Contain not less than 3 references; and (d) Be accompanied by the proper fee. (Source: P.A. 86‑1363.)
(225 ILCS 230/1009)(from Ch. 111, par. 7859) Sec. 1009. Examinations. (a) Examinations provided by the Agency
shall be given to applicants for the purpose of determining if the
applicants can demonstrate a practical working knowledge of the design,
operation, and maintenance of sanitary landfills appropriate to the
classification for which certification is sought. No certificate shall be
issued prior to successful completion of the applicable examination. (b) Examinations shall be conducted by the Agency, and shall be held not
less frequently than annually, at times and places prescribed by the
Agency, of which applicants shall be notified in writing. (Source: P.A. 86‑1363.)
(225 ILCS 230/1010)(from Ch. 111, par. 7860) Sec. 1010. Certificates. (a) The Solid Waste Site Operator
Certificate shall certify the competency of the applicant within the class
of the certificate issued, and shall show the full name of the applicant,
have an identifying number, and be signed by the Director. (b) Certificates shall be issued for a period of 3 years, with the
expiration date being 3 years from the first day of October of the calendar
year in which the certificate is issued. (c) Every 3 years, on or before the October 1 expiration, a certified
solid waste site operator shall renew his certificate of competency and pay
the required renewal fee. A grace period for renewal will be granted until
November 1 of that year before the reinstatement penalty is assessed. (d) At the time of certificate renewal, the applicant shall demonstrate
competency in the same manner as a new applicant. (Source: P.A. 86‑1363.)
(225 ILCS 230/1011)(from Ch. 111, par. 7861) Sec. 1011. Fees. (a) Fees for the issuance or renewal of a Solid
Waste Site Operator Certificate shall be as follows: (1)(A) $400 for issuance or renewal for Class A
Solid Waste Site Operators; (B) $200 for issuance or renewal for Class B Solid Waste Site Operators; and (C) $100 for issuance or renewal for special waste endorsements.
(2) If the fee for renewal is not paid within the
grace period the above fees for renewal shall each be increased by $50.
(b) All fees collected by the Agency under this Section shall be
deposited into the Hazardous Waste Occupational Licensing Fund. The Agency
is authorized to use monies in the Fund to perform its functions, powers,
and duties under this Section. (Source: P.A. 86‑1363.)
(225 ILCS 230/1012)(from Ch. 111, par. 7862) Sec. 1012. Administrative review. (a) Before suspending, revoking,
or refusing to issue a certificate or endorsement issued under this
Act, the Agency shall provide the certificate holder or applicant an
opportunity for hearing. (b)(1) All final administrative decisions of the Agency
hereunder shall be subject to judicial review pursuant to the provisions of the Administrative Review Law and the rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
(2) Such proceedings for judicial review shall be
commenced in the circuit court for Sangamon County. The venue shall be in Sangamon County.
(3) The Agency shall not be required to certify any
record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court with the complaint a receipt from the Agency acknowledging payment of the costs of furnishing and certifying the record which costs shall be computed at the rate of 20 cents per page of such record. Exhibits shall be certified without cost. Failure on the part of the Plaintiff to file such receipt in court shall be grounds for dismissal of actions.
(Source: P.A. 86‑1363.)
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