Public Act 93-0179

SB268 Enrolled                       LRB093 02548 LRD 02558 b

    AN ACT in relation to environmental matters.

    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 Sections 3.160 and 21 as follows:

    (415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
    Sec. 3.160. Construction or demolition debris.
    (a)  "General construction or  demolition  debris"  means
non-hazardous,  uncontaminated  materials  resulting from the
construction,   remodeling,   repair,   and   demolition   of
utilities, structures, and roads, limited to  the  following:
bricks,  concrete,  and  other masonry materials; soil; rock;
wood, including non-hazardous painted,  treated,  and  coated
wood  and  wood  products; wall coverings;  plaster; drywall;
plumbing fixtures; non-asbestos insulation; roofing  shingles
and  other roof coverings; reclaimed asphalt pavement; glass;
plastics that are not sealed in a manner that conceals waste;
electrical wiring  and  components  containing  no  hazardous
substances;  and  piping or metals incidental to any of those
materials.
    General  construction  or  demolition  debris  does   not
include  uncontaminated  soil  generated during construction,
remodeling, repair, and demolition of utilities,  structures,
and  roads provided the uncontaminated soil is not commingled
with any general construction or demolition debris  or  other
waste.
    (b)  "Clean  construction  or  demolition  debris"  means
uncontaminated broken concrete without protruding metal bars,
bricks,  rock,  stone,  reclaimed  asphalt  pavement, or soil
generated from construction or demolition activities.
    Clean construction or demolition debris does not  include
uncontaminated    soil    generated    during   construction,
remodeling, repair, and demolition of utilities,  structures,
and  roads provided the uncontaminated soil is not commingled
with any clean construction or  demolition  debris  or  other
waste.
    To  the extent allowed by federal law, clean construction
or demolition debris shall not be considered "waste" if it is
(i) used as fill material below grade outside  of  a  setback
zone  if  the fill is placed no higher than the highest point
of  elevation  existing  prior  to  the  filling  immediately
adjacent to the fill  area,  and  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, or (ii) separated or processed and returned to the
economic mainstream in the form of raw materials or products,
if it is not speculatively accumulated and, if used as a fill
material,  it  is  used in accordance with item (i) within 30
days of its  generation,  or  (iii)  solely  broken  concrete
without  protruding  metal  bars used for erosion control, or
(iv) generated from  the  construction  or  demolition  of  a
building,  road, or other structure and used to construct, on
the site where  the  construction  or  demolition  has  taken
place,  a  an  above-grade area shaped so as to blend into an
extension of the surrounding  topography  or  an  above-grade
manmade  functional structure not to exceed 20 feet above the
highest  point  of  elevation  of  the  property  immediately
adjacent to the new  manmade  functional  structure  as  that
elevation existed prior to the creation of that new structure
in  height,  provided  that  the  area  or structure shall be
covered with sufficient soil materials to sustain  vegetation
or  by a road or structure, and further provided that no such
area or structure shall be constructed  within  a  home  rule
municipality  with  a  population  over  500,000  without the
consent of the municipality.
(Source: P.A. 91-909, eff. 7-7-00; 92-574, eff. 6-26-02.)

    (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
    Sec. 21. Prohibited acts.  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 3.160(a) of this Act; or
              (ii)  clean construction or  demolition  debris
         as defined in Section 3.160(b) 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, or
(4) a municipality or a county highway department,  with  the
exception  of  any  municipality or county highway department
located within a county having a population of over 3,000,000
inhabitants or located in a county that is  contiguous  to  a
county having a population of over 3,000,000 inhabitants; but
it  shall  apply  to  an  entity that contracts with a public
utility, a municipal utility, or the Illinois  Department  of
Transportation,   or  a  municipality  or  a  county  highway
department. 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. 91-72, eff. 7-9-99; 92-574, eff. 6-26-02.)

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