Full Text of SB3267 103rd General Assembly
SB3267 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3267 Introduced 2/6/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: | | 415 ILCS 5/21 | from Ch. 111 1/2, par. 1021 |
| Amends the Environmental Protection Act. Provides that a person may, without violating the Act, conduct a landscape waste composting operation without a permit on a site having 10 or more occupied non-farm residence within one-half mile of its boundaries without the person who conducts the operation having to ensure that a fee is not charged for the acceptance of materials to be composted at the facility. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 21 as follows: | 6 | | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021) | 7 | | Sec. 21. Prohibited acts. No person shall: | 8 | | (a) Cause or allow the open dumping of any waste. | 9 | | (b) Abandon, dump, or deposit any waste upon the public | 10 | | highways or other public property, except in a sanitary | 11 | | landfill approved by the Agency pursuant to regulations | 12 | | adopted by the Board. | 13 | | (c) Abandon any vehicle in violation of the "Abandoned | 14 | | Vehicles Amendment to the Illinois Vehicle Code", as enacted | 15 | | by the 76th General Assembly. | 16 | | (d) Conduct any waste-storage, waste-treatment, or | 17 | | waste-disposal operation: | 18 | | (1) without a permit granted by the Agency or in | 19 | | violation of any conditions imposed by such permit, | 20 | | including periodic reports and full access to adequate | 21 | | records and the inspection of facilities, as may be | 22 | | necessary to assure compliance with this Act and with | 23 | | regulations and standards adopted thereunder; provided, |
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| 1 | | however, that, except for municipal solid waste landfill | 2 | | units that receive waste on or after October 9, 1993, and | 3 | | CCR surface impoundments, no permit shall be required for | 4 | | (i) any person conducting a waste-storage, | 5 | | waste-treatment, or waste-disposal operation for wastes | 6 | | generated by such person's own activities which are | 7 | | stored, treated, or disposed within the site where such | 8 | | wastes are generated, (ii) until one year after the | 9 | | effective date of rules adopted by the Board under | 10 | | subsection (n) of Section 22.38, a facility located in a | 11 | | county with a population over 700,000 as of January 1, | 12 | | 2000, operated and located in accordance with Section | 13 | | 22.38 of this Act, and used exclusively for the transfer, | 14 | | storage, or treatment of general construction or | 15 | | demolition debris, provided that the facility was | 16 | | receiving construction or demolition debris on August 24, | 17 | | 2009 (the effective date of Public Act 96-611), or (iii) | 18 | | any person conducting a waste transfer, storage, | 19 | | treatment, or disposal operation, including, but not | 20 | | limited to, a waste transfer or waste composting | 21 | | operation, under a mass animal mortality event plan | 22 | | created by the Department of Agriculture; | 23 | | (2) in violation of any regulations or standards | 24 | | adopted by the Board under this Act; | 25 | | (3) which receives waste after August 31, 1988, does | 26 | | not have a permit issued by the Agency, and is (i) a |
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| 1 | | landfill used exclusively for the disposal of waste | 2 | | generated at the site, (ii) a surface impoundment | 3 | | receiving special waste not listed in an NPDES permit, | 4 | | (iii) a waste pile in which the total volume of waste is | 5 | | greater than 100 cubic yards or the waste is stored for | 6 | | over one year, or (iv) a land treatment facility receiving | 7 | | special waste generated at the site; without giving notice | 8 | | of the operation to the Agency by January 1, 1989, or 30 | 9 | | days after the date on which the operation commences, | 10 | | whichever is later, and every 3 years thereafter. The form | 11 | | for such notification shall be specified by the Agency, | 12 | | and shall be limited to information regarding: the name | 13 | | and address of the location of the operation; the type of | 14 | | operation; the types and amounts of waste stored, treated | 15 | | or disposed of on an annual basis; the remaining capacity | 16 | | of the operation; and the remaining expected life of the | 17 | | operation. | 18 | | Item (3) of this subsection (d) shall not apply to any | 19 | | person engaged in agricultural activity who is disposing of a | 20 | | substance that constitutes solid waste, if the substance was | 21 | | acquired for use by that person on his own property, and the | 22 | | substance is disposed of on his own property in accordance | 23 | | with regulations or standards adopted by the Board. | 24 | | This subsection (d) shall not apply to hazardous waste. | 25 | | (e) Dispose, treat, store or abandon any waste, or | 26 | | transport any waste into this State for disposal, treatment, |
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| 1 | | storage or abandonment, except at a site or facility which | 2 | | meets the requirements of this Act and of regulations and | 3 | | standards thereunder. | 4 | | (f) Conduct any hazardous waste-storage, hazardous | 5 | | waste-treatment or hazardous waste-disposal operation: | 6 | | (1) without a RCRA permit for the site issued by the | 7 | | Agency under subsection (d) of Section 39 of this Act, or | 8 | | in violation of any condition imposed by such permit, | 9 | | including periodic reports and full access to adequate | 10 | | records and the inspection of facilities, as may be | 11 | | necessary to assure compliance with this Act and with | 12 | | regulations and standards adopted thereunder; or | 13 | | (2) in violation of any regulations or standards | 14 | | adopted by the Board under this Act; or | 15 | | (3) in violation of any RCRA permit filing requirement | 16 | | established under standards adopted by the Board under | 17 | | this Act; or | 18 | | (4) in violation of any order adopted by the Board | 19 | | under this Act. | 20 | | Notwithstanding the above, no RCRA permit shall be | 21 | | required under this subsection or subsection (d) of Section 39 | 22 | | of this Act for any person engaged in agricultural activity | 23 | | who is disposing of a substance which has been identified as a | 24 | | hazardous waste, and which has been designated by Board | 25 | | regulations as being subject to this exception, if the | 26 | | substance was acquired for use by that person on his own |
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| 1 | | property and the substance is disposed of on his own property | 2 | | in accordance with regulations or standards adopted by the | 3 | | Board. | 4 | | (g) Conduct any hazardous waste-transportation operation: | 5 | | (1) without registering with and obtaining a special | 6 | | waste hauling permit from the Agency in accordance with | 7 | | the regulations adopted by the Board under this Act; or | 8 | | (2) in violation of any regulations or standards | 9 | | adopted by the Board under this Act. | 10 | | (h) Conduct any hazardous waste-recycling or hazardous | 11 | | waste-reclamation or hazardous waste-reuse operation in | 12 | | violation of any regulations, standards or permit requirements | 13 | | adopted by the Board under this Act. | 14 | | (i) Conduct any process or engage in any act which | 15 | | produces hazardous waste in violation of any regulations or | 16 | | standards adopted by the Board under subsections (a) and (c) | 17 | | of Section 22.4 of this Act. | 18 | | (j) Conduct any special waste-transportation operation in | 19 | | violation of any regulations, standards or permit requirements | 20 | | adopted by the Board under this Act. However, sludge from a | 21 | | water or sewage treatment plant owned and operated by a unit of | 22 | | local government which (1) is subject to a sludge management | 23 | | plan approved by the Agency or a permit granted by the Agency, | 24 | | and (2) has been tested and determined not to be a hazardous | 25 | | waste as required by applicable State and federal laws and | 26 | | regulations, may be transported in this State without a |
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| 1 | | special waste hauling permit, and the preparation and carrying | 2 | | of a manifest shall not be required for such sludge under the | 3 | | rules of the Pollution Control Board. The unit of local | 4 | | government which operates the treatment plant producing such | 5 | | sludge shall file an annual report with the Agency identifying | 6 | | the volume of such sludge transported during the reporting | 7 | | period, the hauler of the sludge, and the disposal sites to | 8 | | which it was transported. This subsection (j) shall not apply | 9 | | to hazardous waste. | 10 | | (k) Fail or refuse to pay any fee imposed under this Act. | 11 | | (l) Locate a hazardous waste disposal site above an active | 12 | | or inactive shaft or tunneled mine or within 2 miles of an | 13 | | active fault in the earth's crust. In counties of population | 14 | | less than 225,000 no hazardous waste disposal site shall be | 15 | | located (1) within 1 1/2 miles of the corporate limits as | 16 | | defined on June 30, 1978, of any municipality without the | 17 | | approval of the governing body of the municipality in an | 18 | | official action; or (2) within 1000 feet of an existing | 19 | | private well or the existing source of a public water supply | 20 | | measured from the boundary of the actual active permitted site | 21 | | and excluding existing private wells on the property of the | 22 | | permit applicant. The provisions of this subsection do not | 23 | | apply to publicly owned sewage works or the disposal or | 24 | | utilization of sludge from publicly owned sewage works. | 25 | | (m) Transfer interest in any land which has been used as a | 26 | | hazardous waste disposal site without written notification to |
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| 1 | | the Agency of the transfer and to the transferee of the | 2 | | conditions imposed by the Agency upon its use under subsection | 3 | | (g) of Section 39. | 4 | | (n) Use any land which has been used as a hazardous waste | 5 | | disposal site except in compliance with conditions imposed by | 6 | | the Agency under subsection (g) of Section 39. | 7 | | (o) Conduct a sanitary landfill operation which is | 8 | | required to have a permit under subsection (d) of this | 9 | | Section, in a manner which results in any of the following | 10 | | conditions: | 11 | | (1) refuse in standing or flowing waters; | 12 | | (2) leachate flows entering waters of the State; | 13 | | (3) leachate flows exiting the landfill confines (as | 14 | | determined by the boundaries established for the landfill | 15 | | by a permit issued by the Agency); | 16 | | (4) open burning of refuse in violation of Section 9 | 17 | | of this Act; | 18 | | (5) uncovered refuse remaining from any previous | 19 | | operating day or at the conclusion of any operating day, | 20 | | unless authorized by permit; | 21 | | (6) failure to provide final cover within time limits | 22 | | established by Board regulations; | 23 | | (7) acceptance of wastes without necessary permits; | 24 | | (8) scavenging as defined by Board regulations; | 25 | | (9) deposition of refuse in any unpermitted portion of | 26 | | the landfill; |
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| 1 | | (10) acceptance of a special waste without a required | 2 | | manifest; | 3 | | (11) failure to submit reports required by permits or | 4 | | Board regulations; | 5 | | (12) failure to collect and contain litter from the | 6 | | site by the end of each operating day; | 7 | | (13) failure to submit any cost estimate for the site | 8 | | or any performance bond or other security for the site as | 9 | | required by this Act or Board rules. | 10 | | The prohibitions specified in this subsection (o) shall be | 11 | | enforceable by the Agency either by administrative citation | 12 | | under Section 31.1 of this Act or as otherwise provided by this | 13 | | Act. The specific prohibitions in this subsection do not limit | 14 | | the power of the Board to establish regulations or standards | 15 | | applicable to sanitary landfills. | 16 | | (p) In violation of subdivision (a) of this Section, cause | 17 | | or allow the open dumping of any waste in a manner which | 18 | | results in any of the following occurrences at the dump site: | 19 | | (1) litter; | 20 | | (2) scavenging; | 21 | | (3) open burning; | 22 | | (4) deposition of waste in standing or flowing waters; | 23 | | (5) proliferation of disease vectors; | 24 | | (6) standing or flowing liquid discharge from the dump | 25 | | site; | 26 | | (7) deposition of: |
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| 1 | | (i) general construction or demolition debris as | 2 | | defined in Section 3.160(a) of this Act; or | 3 | | (ii) clean construction or demolition debris as | 4 | | defined in Section 3.160(b) of this Act. | 5 | | The prohibitions specified in this subsection (p) shall be | 6 | | enforceable by the Agency either by administrative citation | 7 | | under Section 31.1 of this Act or as otherwise provided by this | 8 | | Act. The specific prohibitions in this subsection do not limit | 9 | | the power of the Board to establish regulations or standards | 10 | | applicable to open dumping. | 11 | | (q) Conduct a landscape waste composting operation without | 12 | | an Agency permit, provided, however, that no permit shall be | 13 | | required for any person: | 14 | | (1) conducting a landscape waste composting operation | 15 | | for landscape wastes generated by such person's own | 16 | | activities which are stored, treated, or disposed of | 17 | | within the site where such wastes are generated; or | 18 | | (1.5) conducting a landscape waste composting | 19 | | operation that (i) has no more than 25 cubic yards of | 20 | | landscape waste, composting additives, composting | 21 | | material, or end-product compost on-site at any one time | 22 | | and (ii) is not engaging in commercial activity; or | 23 | | (2) applying landscape waste or composted landscape | 24 | | waste at agronomic rates; or | 25 | | (2.5) operating a landscape waste composting facility | 26 | | at a site having 10 or more occupied non-farm residences |
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| 1 | | within 1/2 mile of its boundaries, if the facility meets | 2 | | all of the following criteria: | 3 | | (A) the composting facility is operated by the | 4 | | farmer on property on which the composting material is | 5 | | utilized, and the composting facility constitutes no | 6 | | more than 2% of the site's total acreage; | 7 | | (A-5) any composting additives that the composting | 8 | | facility accepts and uses at the facility are | 9 | | necessary to provide proper conditions for composting | 10 | | and do not exceed 10% of the total composting material | 11 | | at the facility at any one time; | 12 | | (B) the property on which the composting facility | 13 | | is located, and any associated property on which the | 14 | | compost is used, is principally and diligently devoted | 15 | | to the production of agricultural crops and is not | 16 | | owned, leased, or otherwise controlled by any waste | 17 | | hauler or generator of nonagricultural compost | 18 | | materials, and the operator of the composting facility | 19 | | is not an employee, partner, shareholder, or in any | 20 | | way connected with or controlled by any such waste | 21 | | hauler or generator; | 22 | | (C) all compost generated by the composting | 23 | | facility, except incidental sales of finished compost, | 24 | | is applied at agronomic rates and used as mulch, | 25 | | fertilizer, or soil conditioner on land actually | 26 | | farmed by the person operating the composting |
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| 1 | | facility, and the finished compost is not stored at | 2 | | the composting site for a period longer than 18 months | 3 | | prior to its application as mulch, fertilizer, or soil | 4 | | conditioner; | 5 | | (D) (blank); and no fee is charged for the | 6 | | acceptance of materials to be composted at the | 7 | | facility; and | 8 | | (E) the owner or operator, by January 1, 2014 (or | 9 | | the January 1 following commencement of operation, | 10 | | whichever is later) and January 1 of each year | 11 | | thereafter, registers the site with the Agency, (ii) | 12 | | reports to the Agency on the volume of composting | 13 | | material received and used at the site; (iii) | 14 | | certifies to the Agency that the site complies with | 15 | | the requirements set forth in subparagraphs (A), | 16 | | (A-5), (B), (C), and (D) of this paragraph (2.5); and | 17 | | (iv) certifies to the Agency that all composting | 18 | | material was placed more than 200 feet from the | 19 | | nearest potable water supply well, was placed outside | 20 | | the boundary of the 10-year floodplain or on a part of | 21 | | the site that is floodproofed, was placed at least 1/4 | 22 | | mile from the nearest residence (other than a | 23 | | residence located on the same property as the | 24 | | facility) or a lesser distance from the nearest | 25 | | residence (other than a residence located on the same | 26 | | property as the facility) if the municipality in which |
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| 1 | | the facility is located has by ordinance approved a | 2 | | lesser distance than 1/4 mile, and was placed more | 3 | | than 5 feet above the water table; any ordinance | 4 | | approving a residential setback of less than 1/4 mile | 5 | | that is used to meet the requirements of this | 6 | | subparagraph (E) of paragraph (2.5) of this subsection | 7 | | must specifically reference this paragraph; or | 8 | | (3) operating a landscape waste composting facility on | 9 | | a farm, if the facility meets all of the following | 10 | | criteria: | 11 | | (A) the composting facility is operated by the | 12 | | farmer on property on which the composting material is | 13 | | utilized, and the composting facility constitutes no | 14 | | more than 2% of the property's total acreage, except | 15 | | that the Board may allow a higher percentage for | 16 | | individual sites where the owner or operator has | 17 | | demonstrated to the Board that the site's soil | 18 | | characteristics or crop needs require a higher rate; | 19 | | (A-1) the composting facility accepts from other | 20 | | agricultural operations for composting with landscape | 21 | | waste no materials other than uncontaminated and | 22 | | source-separated (i) crop residue and other | 23 | | agricultural plant residue generated from the | 24 | | production and harvesting of crops and other customary | 25 | | farm practices, including, but not limited to, stalks, | 26 | | leaves, seed pods, husks, bagasse, and roots and (ii) |
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| 1 | | plant-derived animal bedding, such as straw or | 2 | | sawdust, that is free of manure and was not made from | 3 | | painted or treated wood; | 4 | | (A-2) any composting additives that the composting | 5 | | facility accepts and uses at the facility are | 6 | | necessary to provide proper conditions for composting | 7 | | and do not exceed 10% of the total composting material | 8 | | at the facility at any one time; | 9 | | (B) the property on which the composting facility | 10 | | is located, and any associated property on which the | 11 | | compost is used, is principally and diligently devoted | 12 | | to the production of agricultural crops and is not | 13 | | owned, leased or otherwise controlled by any waste | 14 | | hauler or generator of nonagricultural compost | 15 | | materials, and the operator of the composting facility | 16 | | is not an employee, partner, shareholder, or in any | 17 | | way connected with or controlled by any such waste | 18 | | hauler or generator; | 19 | | (C) all compost generated by the composting | 20 | | facility, except incidental sales of finished compost, | 21 | | is applied at agronomic rates and used as mulch, | 22 | | fertilizer or soil conditioner on land actually farmed | 23 | | by the person operating the composting facility, and | 24 | | the finished compost is not stored at the composting | 25 | | site for a period longer than 18 months prior to its | 26 | | application as mulch, fertilizer, or soil conditioner; |
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| 1 | | (D) the owner or operator, by January 1 of each | 2 | | year, (i) registers the site with the Agency, (ii) | 3 | | reports to the Agency on the volume of composting | 4 | | material received and used at the site and the volume | 5 | | of material comprising the incidental sale of finished | 6 | | compost under this subsection (q), (iii) certifies to | 7 | | the Agency that the site complies with the | 8 | | requirements set forth in subparagraphs (A), (A-1), | 9 | | (A-2), (B), and (C) of this paragraph (q)(3), and (iv) | 10 | | certifies to the Agency that all composting material: | 11 | | (I) was placed more than 200 feet from the | 12 | | nearest potable water supply well; | 13 | | (II) was placed outside the boundary of the | 14 | | 10-year floodplain or on a part of the site that is | 15 | | floodproofed; | 16 | | (III) was placed either (aa) at least 1/4 mile | 17 | | from the nearest residence (other than a residence | 18 | | located on the same property as the facility) and | 19 | | there are not more than 10 occupied non-farm | 20 | | residences within 1/2 mile of the boundaries of | 21 | | the site on the date of application or (bb) a | 22 | | lesser distance from the nearest residence (other | 23 | | than a residence located on the same property as | 24 | | the facility) provided that the municipality or | 25 | | county in which the facility is located has by | 26 | | ordinance approved a lesser distance than 1/4 mile |
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| 1 | | and there are not more than 10 occupied non-farm | 2 | | residences within 1/2 mile of the boundaries of | 3 | | the site on the date of application; and | 4 | | (IV) was placed more than 5 feet above the | 5 | | water table. | 6 | | Any ordinance approving a residential setback of | 7 | | less than 1/4 mile that is used to meet the | 8 | | requirements of this subparagraph (D) must | 9 | | specifically reference this subparagraph. | 10 | | For the purposes of this subsection (q), "agronomic rates" | 11 | | means the application of not more than 20 tons per acre per | 12 | | year, except that the Board may allow a higher rate for | 13 | | individual sites where the owner or operator has demonstrated | 14 | | to the Board that the site's soil characteristics or crop | 15 | | needs require a higher rate. | 16 | | For the purposes of this subsection (q), "incidental sale | 17 | | of finished compost" means the sale of finished compost that | 18 | | meets general use compost standards and is no more than 20% or | 19 | | 300 cubic yards, whichever is less, of the total compost | 20 | | created annually by a private landowner for the landowner's | 21 | | own use. | 22 | | (r) Cause or allow the storage or disposal of coal | 23 | | combustion waste unless: | 24 | | (1) such waste is stored or disposed of at a site or | 25 | | facility for which a permit has been obtained or is not | 26 | | otherwise required under subsection (d) of this Section; |
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| 1 | | or | 2 | | (2) such waste is stored or disposed of as a part of | 3 | | the design and reclamation of a site or facility which is | 4 | | an abandoned mine site in accordance with the Abandoned | 5 | | Mined Lands and Water Reclamation Act; or | 6 | | (3) such waste is stored or disposed of at a site or | 7 | | facility which is operating under NPDES and Subtitle D | 8 | | permits issued by the Agency pursuant to regulations | 9 | | adopted by the Board for mine-related water pollution and | 10 | | permits issued pursuant to the federal Surface Mining | 11 | | Control and Reclamation Act of 1977 (P.L. 95-87) or the | 12 | | rules and regulations thereunder or any law or rule or | 13 | | regulation adopted by the State of Illinois pursuant | 14 | | thereto, and the owner or operator of the facility agrees | 15 | | to accept the waste; and either: | 16 | | (i) such waste is stored or disposed of in | 17 | | accordance with requirements applicable to refuse | 18 | | disposal under regulations adopted by the Board for | 19 | | mine-related water pollution and pursuant to NPDES and | 20 | | Subtitle D permits issued by the Agency under such | 21 | | regulations; or | 22 | | (ii) the owner or operator of the facility | 23 | | demonstrates all of the following to the Agency, and | 24 | | the facility is operated in accordance with the | 25 | | demonstration as approved by the Agency: (1) the | 26 | | disposal area will be covered in a manner that will |
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| 1 | | support continuous vegetation, (2) the facility will | 2 | | be adequately protected from wind and water erosion, | 3 | | (3) the pH will be maintained so as to prevent | 4 | | excessive leaching of metal ions, and (4) adequate | 5 | | containment or other measures will be provided to | 6 | | protect surface water and groundwater from | 7 | | contamination at levels prohibited by this Act, the | 8 | | Illinois Groundwater Protection Act, or regulations | 9 | | adopted pursuant thereto. | 10 | | Notwithstanding any other provision of this Title, the | 11 | | disposal of coal combustion waste pursuant to item (2) or (3) | 12 | | of this subdivision (r) shall be exempt from the other | 13 | | provisions of this Title V, and notwithstanding the provisions | 14 | | of Title X of this Act, the Agency is authorized to grant | 15 | | experimental permits which include provision for the disposal | 16 | | of wastes from the combustion of coal and other materials | 17 | | pursuant to items (2) and (3) of this subdivision (r). | 18 | | (s) After April 1, 1989, offer for transportation, | 19 | | transport, deliver, receive or accept special waste for which | 20 | | a manifest is required, unless the manifest indicates that the | 21 | | fee required under Section 22.8 of this Act has been paid. | 22 | | (t) Cause or allow a lateral expansion of a municipal | 23 | | solid waste landfill unit on or after October 9, 1993, without | 24 | | a permit modification, granted by the Agency, that authorizes | 25 | | the lateral expansion. | 26 | | (u) Conduct any vegetable by-product treatment, storage, |
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| 1 | | disposal or transportation operation in violation of any | 2 | | regulation, standards or permit requirements adopted by the | 3 | | Board under this Act. However, no permit shall be required | 4 | | under this Title V for the land application of vegetable | 5 | | by-products conducted pursuant to Agency permit issued under | 6 | | Title III of this Act to the generator of the vegetable | 7 | | by-products. In addition, vegetable by-products may be | 8 | | transported in this State without a special waste hauling | 9 | | permit, and without the preparation and carrying of a | 10 | | manifest. | 11 | | (v) (Blank). | 12 | | (w) Conduct any generation, transportation, or recycling | 13 | | of construction or demolition debris, clean or general, or | 14 | | uncontaminated soil generated during construction, remodeling, | 15 | | repair, and demolition of utilities, structures, and roads | 16 | | that is not commingled with any waste, without the maintenance | 17 | | of documentation identifying the hauler, generator, place of | 18 | | origin of the debris or soil, the weight or volume of the | 19 | | debris or soil, and the location, owner, and operator of the | 20 | | facility where the debris or soil was transferred, disposed, | 21 | | recycled, or treated. This documentation must be maintained by | 22 | | the generator, transporter, or recycler for 3 years. This | 23 | | subsection (w) shall not apply to (1) a permitted pollution | 24 | | control facility that transfers or accepts construction or | 25 | | demolition debris, clean or general, or uncontaminated soil | 26 | | for final disposal, recycling, or treatment, (2) a public |
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| 1 | | utility (as that term is defined in the Public Utilities Act) | 2 | | or a municipal utility, (3) the Illinois Department of | 3 | | Transportation, or (4) a municipality or a county highway | 4 | | department, with the exception of any municipality or county | 5 | | highway department located within a county having a population | 6 | | of over 3,000,000 inhabitants or located in a county that is | 7 | | contiguous to a county having a population of over 3,000,000 | 8 | | inhabitants; but it shall apply to an entity that contracts | 9 | | with a public utility, a municipal utility, the Illinois | 10 | | Department of Transportation, or a municipality or a county | 11 | | highway department. The terms "generation" and "recycling", as | 12 | | used in this subsection, do not apply to clean construction or | 13 | | demolition debris when (i) used as fill material below grade | 14 | | outside of a setback zone if covered by sufficient | 15 | | uncontaminated soil to support vegetation within 30 days of | 16 | | the completion of filling or if covered by a road or structure, | 17 | | (ii) solely broken concrete without protruding metal bars is | 18 | | used for erosion control, or (iii) milled asphalt or crushed | 19 | | concrete is used as aggregate in construction of the shoulder | 20 | | of a roadway. The terms "generation" and "recycling", as used | 21 | | in this subsection, do not apply to uncontaminated soil that | 22 | | is not commingled with any waste when (i) used as fill material | 23 | | below grade or contoured to grade, or (ii) used at the site of | 24 | | generation. | 25 | | (Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21; | 26 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff. |
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