State of Illinois
91st General Assembly
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Public Act 91-0072

HB0909 Enrolled                                LRB9103521LDmb

    AN ACT to  amend  the  Environmental  Protection  Act  by
changing Section 21.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Environmental Protection Act  is  amended
by changing Section 21 as follows:

    (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
    Sec. 21.  No person shall:
    (a)  Cause or allow the open dumping of any waste.
    (b)  Abandon,  dump, or deposit any waste upon the public
highways or other  public  property,  except  in  a  sanitary
landfill  approved  by  the  Agency  pursuant  to regulations
adopted by the Board.
    (c)  Abandon any vehicle in violation of  the  "Abandoned
Vehicles  Amendment to the Illinois Vehicle Code", as enacted
by the 76th General Assembly.
    (d)  Conduct  any  waste-storage,   waste-treatment,   or
waste-disposal operation:
         (1)  without  a  permit  granted by the Agency or in
    violation of  any  conditions  imposed  by  such  permit,
    including  periodic  reports  and full access to adequate
    records and the  inspection  of  facilities,  as  may  be
    necessary  to  assure  compliance  with this Act and with
    regulations and standards adopted  thereunder;  provided,
    however,  that, except for municipal solid waste landfill
    units that receive waste on or after October 9, 1993,  no
    permit  shall be required for (i) any person conducting a
    waste-storage,   waste-treatment,    or    waste-disposal
    operation  for  wastes  generated  by  such  person's own
    activities which are stored, treated, or disposed  within
    the  site  where  such  wastes  are  generated, or (ii) a
    facility located in  a  county  with  a  population  over
    700,000,  operated and located in accordance with Section
    22.38 of this Act, and used exclusively for the transfer,
    storage,  or  treatment  of   general   construction   or
    demolition debris;
         (2)  in  violation  of  any regulations or standards
    adopted by the Board under this Act; or
         (3)  which receives waste  after  August  31,  1988,
    does not have a permit issued by the Agency, and is (i) a
    landfill  used  exclusively  for  the  disposal  of waste
    generated  at  the  site,  (ii)  a  surface   impoundment
    receiving  special  waste  not listed in an NPDES permit,
    (iii) a waste pile in which the total volume of waste  is
    greater  than  100 cubic yards or the waste is stored for
    over  one  year,  or  (iv)  a  land  treatment   facility
    receiving  special  waste  generated at the site; without
    giving notice of the operation to the Agency  by  January
    1, 1989, or 30 days after the date on which the operation
    commences,   whichever   is  later,  and  every  3  years
    thereafter.  The form  for  such  notification  shall  be
    specified   by  the  Agency,  and  shall  be  limited  to
    information  regarding:  the  name  and  address  of  the
    location of the operation; the  type  of  operation;  the
    types and amounts of waste stored, treated or disposed of
    on  an  annual  basis;  the  remaining  capacity  of  the
    operation;   and  the  remaining  expected  life  of  the
    operation.
    Item (3) of this subsection (d) shall not  apply  to  any
person engaged in agricultural activity who is disposing of a
substance  that constitutes solid waste, if the substance was
acquired for use by that person on his own property, and  the
substance  is  disposed  of on his own property in accordance
with regulations or standards adopted by the Board.
    This subsection (d) shall not apply to hazardous waste.
    (e)  Dispose, treat,  store  or  abandon  any  waste,  or
transport  any waste into this State for disposal, treatment,
storage or abandonment, except at a site  or  facility  which
meets  the  requirements  of  this Act and of regulations and
standards thereunder.
    (f)  Conduct  any  hazardous   waste-storage,   hazardous
waste-treatment or hazardous waste-disposal operation:
         (1)  without  a  RCRA  permit for the site issued by
    the Agency under subsection (d) of  Section  39  of  this
    Act,  or  in  violation  of any condition imposed by such
    permit, including periodic reports  and  full  access  to
    adequate records and the inspection of facilities, as may
    be  necessary to assure compliance with this Act and with
    regulations and standards adopted thereunder; or
         (2)  in violation of any  regulations  or  standards
    adopted by the Board under this Act; or
         (3)  in   violation   of   any  RCRA  permit  filing
    requirement established under standards  adopted  by  the
    Board under this Act; or
         (4)  in  violation of any order adopted by the Board
    under this Act.
    Notwithstanding  the  above,  no  RCRA  permit  shall  be
required under this subsection or subsection (d)  of  Section
39  of  this  Act  for  any  person  engaged in  agricultural
activity who is disposing  of  a  substance  which  has  been
identified   as   a  hazardous  waste,  and  which  has  been
designated by Board regulations  as  being  subject  to  this
exception,  if  the  substance  was  acquired for use by that
person on his own property and the substance is  disposed  of
on  his  own  property  in  accordance  with  regulations  or
standards adopted by the Board.
    (g)  Conduct     any    hazardous    waste-transportation
operation:
         (1)  without registering with and obtaining a permit
    from the Agency in accordance with  the  Uniform  Program
    implemented under subsection (l-5) of Section 22.2; or
         (2)  in  violation  of  any regulations or standards
    adopted by the Board under this Act.
    (h)  Conduct any hazardous waste-recycling  or  hazardous
waste-reclamation   or  hazardous  waste-reuse  operation  in
violation   of   any   regulations,   standards   or   permit
requirements adopted by the Board under this Act.
    (i)  Conduct any process  or  engage  in  any  act  which
produces  hazardous  waste in violation of any regulations or
standards adopted by the Board under subsections (a) and  (c)
of Section 22.4 of this Act.
    (j)  Conduct  any  special waste transportation operation
in  violation  of  any  regulations,  standards   or   permit
requirements  adopted  by the Board under this Act.  However,
sludge from a water  or  sewage  treatment  plant  owned  and
operated  by  a unit of local government which (1) is subject
to a sludge management plan  approved  by  the  Agency  or  a
permit  granted  by  the  Agency, and (2) has been tested and
determined not  to  be  a  hazardous  waste  as  required  by
applicable  State  and  federal  laws and regulations, may be
transported in this State without  a  special  waste  hauling
permit,  and the preparation and carrying of a manifest shall
not be required for  such  sludge  under  the  rules  of  the
Pollution  Control  Board. The unit of local government which
operates the treatment plant producing such sludge shall file
a semiannual report with the Agency identifying the volume of
such sludge transported  during  the  reporting  period,  the
hauler  of the sludge, and the disposal sites to which it was
transported. This subsection (j) shall not apply to hazardous
waste.
    (k)  Fail or refuse to pay any  fee  imposed  under  this
Act.
    (l)  Locate  a  hazardous  waste  disposal  site above an
active or inactive shaft or tunneled mine or within  2  miles
of  an  active  fault  in  the earth's crust.  In counties of
population less than 225,000 no hazardous waste disposal site
shall be located (1) within 1  1/2  miles  of  the  corporate
limits  as  defined  on  June  30,  1978, of any municipality
without  the  approval  of  the   governing   body   of   the
municipality  in  an official action; or (2) within 1000 feet
of an existing private well  or  the  existing  source  of  a
public  water supply measured from the boundary of the actual
active permitted site and excluding existing private wells on
the property of the permit applicant. The provisions of  this
subsection do not apply to publicly-owned sewage works or the
disposal  or utilization of sludge from publicly-owned sewage
works.
    (m)  Transfer interest in any land which has been used as
a hazardous waste disposal site without written  notification
to  the  Agency  of the transfer and to the transferee of the
conditions  imposed  by  the  Agency  upon  its   use   under
subsection (g) of Section 39.
    (n)  Use  any  land  which  has  been used as a hazardous
waste disposal site  except  in  compliance  with  conditions
imposed by the Agency under subsection (g) of Section 39.
    (o)  Conduct  a  sanitary  landfill  operation  which  is
required  to  have  a  permit  under  subsection  (d) of this
Section, in a manner which results in any  of  the  following
conditions:
         (1)  refuse in standing or flowing waters;
         (2)  leachate flows entering waters of the State;
         (3)  leachate  flows  exiting  the landfill confines
    (as determined by  the  boundaries  established  for  the
    landfill by a permit issued by the Agency);
         (4)  open  burning of refuse in violation of Section
    9 of this Act;
         (5)  uncovered refuse remaining  from  any  previous
    operating  day or at the conclusion of any operating day,
    unless authorized by permit;
         (6)  failure to  provide  final  cover  within  time
    limits established by Board regulations;
         (7)  acceptance of wastes without necessary permits;
         (8)  scavenging as defined by Board regulations;
         (9)  deposition of refuse in any unpermitted portion
    of the landfill;
         (10)  acceptance   of  a  special  waste  without  a
    required manifest;
         (11)  failure to submit reports required by  permits
    or Board regulations;
         (12)  failure to collect and contain litter from the
    site by the end of each operating day;
         (13)  failure  to  submit  any cost estimate for the
    site or any performance bond or other  security  for  the
    site as required by this Act or Board rules.
    The  prohibitions  specified in this subsection (o) shall
be  enforceable  by  the  Agency  either  by   administrative
citation  under  Section  31.1  of  this  Act or as otherwise
provided by this Act.   The  specific  prohibitions  in  this
subsection  do  not limit the power of the Board to establish
regulations or standards applicable to sanitary landfills.
    (p)  In violation of subdivision  (a)  of  this  Section,
cause  or  allow  the  open  dumping of any waste in a manner
which results in any of the following occurrences at the dump
site:
         (1)  litter;
         (2)  scavenging;
         (3)  open burning;
         (4)  deposition of  waste  in  standing  or  flowing
    waters;
         (5)  proliferation of disease vectors;
         (6)  standing  or  flowing liquid discharge from the
    dump site;.
         (7)  deposition of:
              (i)  general construction or demolition  debris
         as defined in Section 3.78 of this Act; or
              (ii)  clean  construction  or demolition debris
         as defined in Section 3.78a of this Act.
    The prohibitions specified in this subsection  (p)  shall
be   enforceable  by  the  Agency  either  by  administrative
citation under Section 31.1  of  this  Act  or  as  otherwise
provided  by  this  Act.   The  specific prohibitions in this
subsection do not limit the power of the Board  to  establish
regulations or standards applicable to open dumping.
    (q)  Conduct   a  landscape  waste  composting  operation
without an Agency permit, provided, however, that  no  permit
shall be required for any person:
         (1)  conducting   a   landscape   waste   composting
    operation for landscape wastes generated by such person's
    own  activities  which are stored, treated or disposed of
    within the site where such wastes are generated; or
         (2)  applying landscape waste or composted landscape
    waste at agronomic rates; or
         (3)  operating a landscape waste composting facility
    on a farm, if the facility meets  all  of  the  following
    criteria:
              (A)  the composting facility is operated by the
         farmer  on property on which the composting material
         is utilized, and the composting facility constitutes
         no more than 2% of  the  property's  total  acreage,
         except that the Agency may allow a higher percentage
         for individual sites where the owner or operator has
         demonstrated  to  the  Agency  that  the site's soil
         characteristics or crop needs require a higher rate;
              (B)  the  property  on  which  the   composting
         facility  is located, and any associated property on
         which  the  compost  is  used,  is  principally  and
         diligently devoted to the production of agricultural
         crops  and  is  not  owned,  leased   or   otherwise
         controlled  by  any  waste  hauler  or  generator of
         nonagricultural compost materials, and the  operator
         of  the  composting  facility  is  not  an employee,
         partner, shareholder, or in any way  connected  with
         or controlled by any such waste hauler or generator;
              (C)  all  compost  generated  by the composting
         facility is applied at agronomic rates and  used  as
         mulch,   fertilizer  or  soil  conditioner  on  land
         actually  farmed  by  the   person   operating   the
         composting facility, and the finished compost is not
         stored  at  the  composting site for a period longer
         than 18 months prior to its  application  as  mulch,
         fertilizer, or soil conditioner;
              (D)  the  owner or operator, by January 1, 1990
         (or  the  January  1   following   commencement   of
         operation, whichever is later) and January 1 of each
         year  thereafter,  (i)  registers  the site with the
         Agency, (ii) reports to the Agency on the volume  of
         composting  material  received and used at the site,
         (iii) certifies to the Agency that the site complies
         with the requirements  set  forth  in  subparagraphs
         (A),  (B) and (C) of this paragraph (q)(3), and (iv)
         certifies to the Agency that all composting material
         was placed more  than  200  feet  from  the  nearest
         potable  water  supply  well, was placed outside the
         boundary of the 10-year floodplain or on a  part  of
         the  site  that is floodproofed, was placed at least
         1/4 mile from the nearest residence  (other  than  a
         residence  located  on  the  same  property  as  the
         facility)  and  there  are not more than 10 occupied
         non-farm  residences  within   1/2   mile   of   the
         boundaries  of  the site on the date of application,
         and was placed more than  5  feet  above  the  water
         table.
    For  the  purposes  of  this  subsection  (q), "agronomic
rates" means the application of not more  than  20  tons  per
acre per year, except that the Agency may allow a higher rate
for   individual  sites  where  the  owner  or  operator  has
demonstrated   to   the   Agency   that   the   site's   soil
characteristics or crop needs require a higher rate.
    (r)  Cause or allow  the  storage  or  disposal  of  coal
combustion waste unless:
         (1)  such  waste  is stored or disposed of at a site
    or facility for which a permit has been  obtained  or  is
    not  otherwise  required  under  subsection  (d)  of this
    Section; or
         (2)  such waste is stored or disposed of as  a  part
    of the design and reclamation of a site or facility which
    is   an  abandoned  mine  site  in  accordance  with  the
    Abandoned Mined Lands and Water Reclamation Act; or
         (3)  such waste is stored or disposed of at  a  site
    or facility which is operating under NPDES and Subtitle D
    permits  issued  by  the  Agency  pursuant to regulations
    adopted by the Board for mine-related water pollution and
    permits issued pursuant to  the  Federal  Surface  Mining
    Control  and  Reclamation Act of 1977 (P.L. 95-87) or the
    rules and regulations thereunder or any law  or  rule  or
    regulation  adopted  by  the  State  of Illinois pursuant
    thereto, and the owner or operator of the facility agrees
    to accept the waste; and either
              (i)  such waste is stored  or  disposed  of  in
         accordance  with  requirements  applicable to refuse
         disposal under regulations adopted by the Board  for
         mine-related  water  pollution and pursuant to NPDES
         and Subtitle D permits issued by  the  Agency  under
         such regulations; or
              (ii)  the  owner  or  operator  of the facility
         demonstrates all of the following to the Agency, and
         the facility is  operated  in  accordance  with  the
         demonstration  as  approved  by  the Agency: (1) the
         disposal area will be covered in a manner that  will
         support continuous vegetation, (2) the facility will
         be adequately protected from wind and water erosion,
         (3)  the  pH  will  be  maintained  so as to prevent
         excessive leaching of metal ions, and  (4)  adequate
         containment  or  other  measures will be provided to
         protect   surface   water   and   groundwater   from
         contamination at levels prohibited by this Act,  the
         Illinois  Groundwater Protection Act, or regulations
         adopted pursuant thereto.
    Notwithstanding any other provision of  this  Title,  the
disposal of coal combustion waste pursuant to item (2) or (3)
of  this  subdivision  (r)  shall  be  exempt  from the other
provisions  of  this  Title  V,   and   notwithstanding   the
provisions  of  Title X of this Act, the Agency is authorized
to grant experimental permits which include provision for the
disposal of wastes from the  combustion  of  coal  and  other
materials  pursuant  to items (2) and (3) of this subdivision
(r).
    (s)  After  April  1,  1989,  offer  for  transportation,
transport, deliver, receive or accept special waste for which
a manifest is required, unless the  manifest  indicates  that
the  fee  required  under  Section  22.8 of this Act has been
paid.
    (t)  Cause or allow a lateral expansion  of  a  municipal
solid  waste  landfill  unit  on  or  after  October 9, 1993,
without a permit modification, granted by  the  Agency,  that
authorizes the lateral expansion.
    (u)  Conduct any vegetable by-product treatment, storage,
disposal  or  transportation  operation  in  violation of any
regulation, standards or permit requirements adopted  by  the
Board  under  this  Act. However, no permit shall be required
under this Title V for  the  land  application  of  vegetable
by-products  conducted pursuant to Agency permit issued under
Title III of this Act  to  the  generator  of  the  vegetable
by-products.   In  addition,  vegetable  by-products  may  be
transported in this State without  a  special  waste  hauling
permit,  and  without  the  preparation  and  carrying  of  a
manifest.
    (v)  (Blank).
    (w)  Conduct any generation, transportation, or recycling
of  construction  or  demolition debris, clean or general, or
uncontaminated   soil    generated    during    construction,
remodeling,  repair, and demolition of utilities, structures,
and roads that is not commingled with any waste, without  the
maintenance   of   documentation   identifying   the  hauler,
generator, place of origin of the debris or soil, the  weight
or volume of the debris or soil, and the location, owner, and
operator  of  the  facility  where  the  debris  or  soil was
transferred,   disposed,   recycled,   or   treated.     This
documentation   must   be   maintained   by   the  generator,
transporter, or recycler for 3 years.   This  subsection  (w)
shall not apply to (1) a permitted pollution control facility
that  transfers or accepts construction or demolition debris,
clean or general, or uncontaminated soil for final  disposal,
recycling,  or  treatment, (2) a public utility (as that term
is defined in  the  Public  Utilities  Act)  or  a  municipal
utility,  or  (3)  the Illinois Department of Transportation;
but it shall apply to an entity that contracts with a  public
utility,  a  municipal utility, or the Illinois Department of
Transportation.  The terms "generation"  and  "recycling"  as
used in this subsection do not apply to clean construction or
demolition  debris when (i) used as fill material below grade
outside  of  a  setback  zone  if   covered   by   sufficient
uncontaminated  soil  to support vegetation within 30 days of
the completion  of  filling  or  if  covered  by  a  road  or
structure,  (ii)  solely  broken  concrete without protruding
metal bars is used  for  erosion  control,  or  (iii)  milled
asphalt   or   crushed  concrete  is  used  as  aggregate  in
construction  of  the  shoulder  of  a  roadway.   The  terms
"generation" and "recycling", as used in this subsection,  do
not  apply to uncontaminated soil that is not commingled with
any waste when (i) used  as  fill  material  below  grade  or
contoured to grade, or (ii) used at the site of generation.
(Source:  P.A.  89-93,  eff.  7-6-95;  89-535,  eff. 7-19-96;
90-219, eff.  7-25-97;  90-344,  eff.  1-1-98;  90-475,  eff.
8-17-97; 90-655, eff. 7-30-98; 90-761, eff. 8-14-98.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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