Illinois Compiled Statutes
415 ILCS 5/22.17 (2026)
Landfill post-closure care
✓ current as of May 2026
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(415 ILCS 5/22.17)
(from Ch. 111 1/2, par. 1022.17)
Sec. 22.17.
Landfill post-closure care.
(a) The owner and operator of a sanitary landfill site
that is not a site subject to subsection (a.5) or (a.10) of this Section
shall monitor gas, water and settling at the completed site for a period of
15 years after the site is completed or closed, or such longer period as may
be required by Board or federal regulation.
(a.5) The owner and operator of a MSWLF unit that accepts household waste
after October 8, 1993, shall conduct post-closure care at the site for a period
of 30 years after the site is completed or closed, or such other period as may
be approved by the Agency pursuant to Board or federal rules.
(a.10) The owner and operator of a MSWLF unit that accepts household waste
on or after October 9, 1991, but stops receiving waste before October 9, 1993,
and installs final cover more than 6 months after the receipt of the final
volume of waste shall conduct post-closure care at the site for a period of 30
years after the site is completed or closed, or such other period as may be
approved by the Agency pursuant to Board or federal rules.
(b) The owner and operator of a sanitary landfill that is not a facility
subject to subsection (a.5) or (a.10) of this Section shall take whatever
remedial action is necessary to abate any gas, water or settling problems which
appear during such period of time specified in subsection (a).
The owner and operator of a MSWLF unit that accepts household waste after
October 8, 1993, shall take whatever remedial action is required under
Sections 22.40 and 22.41 of this Act during the period of time specified in
subsection (a.5) or (a.10).
(c) Except for MSWLF units that received household waste on or after
October 9, 1991, this Section does not apply to a landfill used exclusively for
the disposal of waste generated at the site.
(Source: P.A. 88-496.)
Notes of Decisions
Cited in 3
cases, 2003–2017 · leading case: Illinois Env't Prot. Agency v. Jersey Sanitation Corp., 336 Ill. App. 3d 582 (Ill. App. Ct. 2003).
Illinois Env't Prot. Agency v. Jersey Sanitation Corp., 336 Ill. App. 3d 582 (Ill. App. Ct. 2003). “415 ILCS 5/22.17(a) (West 2000). However, the Board found neither the Act nor the Board’s regulations in Part 807 of the Code provide any additional specificity.”
D&L Landfill, Inc. v. Illinois Pollution Control Bd., 2017 IL App (5th) 160071 (Ill. App. Ct. 2017). “” 415 ILCS 5/22.17(a) (West 2012). D&L argued that this provision provides for a 15-year post-closure care period and the only way to extend the period is by Board or federal regulation.”
D&L Landfill, Inc. v. Illinois Pollution Control Bd., 2017 IL App (5th) 160071 (Ill. App. Ct. 2017). “” 415 ILCS 5/22.17(a) (West 2012). D&L argued that this provision provides for a 15- year post-closure care period and the only way to extend the period is by Board or federal regulation.”
— 415 ILCS 5/22.17(a) — 3 cases
Illinois Env't Prot. Agency v. Jersey Sanitation Corp., 336 Ill. App. 3d 582 (Ill. App. Ct. 2003). “415 ILCS 5/22.17(a) (West 2000). However, the Board found neither the Act nor the Board’s regulations in Part 807 of the Code provide any additional specificity.”
D&L Landfill, Inc. v. Illinois Pollution Control Bd., 2017 IL App (5th) 160071 (Ill. App. Ct. 2017). “” 415 ILCS 5/22.17(a) (West 2012). D&L argued that this provision provides for a 15-year post-closure care period and the only way to extend the period is by Board or federal regulation.”
D&L Landfill, Inc. v. Illinois Pollution Control Bd., 2017 IL App (5th) 160071 (Ill. App. Ct. 2017). “” 415 ILCS 5/22.17(a) (West 2012). D&L argued that this provision provides for a 15- year post-closure care period and the only way to extend the period is by Board or federal regulation.”
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