|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3129 Introduced 2/15/2018, by Sen. Pat McGuire SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/3.201 new | | 415 ILCS 5/3.202 new | | 415 ILCS 5/3.299 new | | 415 ILCS 5/3.330 | was 415 ILCS 5/3.32 | 415 ILCS 5/3.336 new | | 415 ILCS 5/3.366 new | | 415 ILCS 5/3.367 new | | 415 ILCS 5/3.535 | was 415 ILCS 5/3.53 | 415 ILCS 5/9.4 | from Ch. 111 1/2, par. 1009.4 | 415 ILCS 5/22.16b | from Ch. 111 1/2, par. 1022.16b |
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Amends the Environmental Protection Act. Provides that the portion of a site or facility that receives, separates, stores, and converts post-use polymers into crude oil, fuels, or other raw materials or intermediate or final products or feedstocks using a pyrolysis or gasification process and is regulated under the State's air, water, and waste regulations applicable to manufacturing facilities is not a pollution control facility under the Act. Provides that the definition of "waste" does not include post-use polymers or nonrecycled feedstocks processed through pyrolysis or gasification. Makes changes to the definition for "municipal waste incineration" in provisions concerning municipal waste incineration emission standards. Defines terms. Makes other changes. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning safety.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Environmental Protection Act is amended by |
5 | | changing Sections 3.330, 3.535, 9.4, and 22.16b and by adding |
6 | | Sections 3.201, 3.202, 3.299, 3.336, 3.366, and 3.367 as |
7 | | follows: |
8 | | (415 ILCS 5/3.201 new) |
9 | | Sec. 3.201. Gasification. "Gasification" means a process |
10 | | through which nonrecycled feedstocks are heated and converted |
11 | | into a fuel-gas mixture in an oxygen-deficient atmosphere and |
12 | | the mixture is converted into fuel, including ethanol and |
13 | | transportation fuel, chemicals, or other chemical feedstocks. |
14 | | (415 ILCS 5/3.202 new) |
15 | | Sec. 3.202. Gasification facility. "Gasification facility" |
16 | | means a facility that receives, separates, stores and converts |
17 | | post-use polymers using gasification. A gasification facility |
18 | | shall not be considered a solid waste facility. |
19 | | (415 ILCS 5/3.299 new) |
20 | | Sec. 3.299. Nonrecycled feedstocks. "Nonrecycled |
21 | | feedstocks" means one or more of the following materials, |
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1 | | derived from nonrecycled waste, that has been processed so that |
2 | | it may be used as feedstock in a gasification facility: |
3 | | (1) post-use polymers; and |
4 | | (2) materials that the United States Environmental |
5 | | Protection Agency has made a non-waste determination under |
6 | | 40 CFR 241.3(c) or otherwise has determined are not waste.
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7 | | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
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8 | | Sec. 3.330. Pollution control facility.
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9 | | (a) "Pollution control facility" is any waste storage site, |
10 | | sanitary
landfill, waste disposal site, waste transfer |
11 | | station, waste treatment
facility, or waste incinerator. This |
12 | | includes sewers, sewage treatment
plants, and any other |
13 | | facilities owned or operated by sanitary districts
organized |
14 | | under the Metropolitan Water Reclamation District Act.
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15 | | The following are not pollution control facilities:
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16 | | (1) (blank);
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17 | | (2) waste storage sites regulated under 40 CFR, Part |
18 | | 761.42;
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19 | | (3) sites or facilities used by any person conducting a |
20 | | waste storage,
waste treatment, waste disposal, waste |
21 | | transfer or waste incineration
operation, or a combination |
22 | | thereof, for wastes generated by such person's
own |
23 | | activities, when such wastes are stored, treated, disposed |
24 | | of,
transferred or incinerated within the site or facility |
25 | | owned, controlled or
operated by such person, or when such |
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1 | | wastes are transported within or
between sites or |
2 | | facilities owned, controlled or operated by such person;
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3 | | (4) sites or facilities at which the State is |
4 | | performing removal or
remedial action pursuant to Section |
5 | | 22.2 or 55.3;
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6 | | (5) abandoned quarries used solely for the disposal of |
7 | | concrete, earth
materials, gravel, or aggregate debris |
8 | | resulting from road construction
activities conducted by a |
9 | | unit of government or construction activities due
to the |
10 | | construction and installation of underground pipes, lines, |
11 | | conduit
or wires off of the premises of a public utility |
12 | | company which are
conducted by a public utility;
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13 | | (6) sites or facilities used by any person to |
14 | | specifically conduct a
landscape composting operation;
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15 | | (7) regional facilities as defined in the Central |
16 | | Midwest Interstate
Low-Level Radioactive Waste Compact;
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17 | | (8) the portion of a site or facility where coal |
18 | | combustion wastes are
stored or disposed of in accordance |
19 | | with subdivision (r)(2) or (r)(3) of
Section 21;
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20 | | (9) the portion of a site or facility used for the |
21 | | collection,
storage or processing of waste tires as defined |
22 | | in Title XIV;
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23 | | (10) the portion of a site or facility used for |
24 | | treatment of
petroleum contaminated materials by |
25 | | application onto or incorporation into
the soil surface and |
26 | | any portion of that site or facility used for storage
of |
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1 | | petroleum contaminated materials before treatment. Only |
2 | | those categories
of petroleum listed in Section
57.9(a)(3) |
3 | | are exempt under this subdivision (10);
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4 | | (11) the portion of a site or facility where used oil |
5 | | is collected or
stored prior to shipment to a recycling or |
6 | | energy recovery facility, provided
that the used oil is |
7 | | generated by households or commercial establishments, and
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8 | | the site or facility is a recycling center or a business |
9 | | where oil or gasoline
is sold at retail; |
10 | | (11.5) processing sites or facilities that receive |
11 | | only on-specification used oil, as defined in 35 Ill. |
12 | | Admin. Code 739, originating from used oil collectors for |
13 | | processing that is managed under 35 Ill. Admin. Code 739 to |
14 | | produce products for sale to off-site petroleum |
15 | | facilities, if these processing sites or facilities are: |
16 | | (i) located within a home rule unit of local government |
17 | | with a population of at least 30,000 according to the 2000 |
18 | | federal census, that home rule unit of local government has |
19 | | been designated as an Urban Round II Empowerment Zone by |
20 | | the United States Department of Housing and Urban |
21 | | Development, and that home rule unit of local government |
22 | | has enacted an ordinance approving the location of the site |
23 | | or facility and provided funding for the site or facility; |
24 | | and (ii) in compliance with all applicable zoning |
25 | | requirements;
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26 | | (12) the portion of a site or facility utilizing coal |
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1 | | combustion waste
for stabilization and treatment of only |
2 | | waste generated on that site or
facility when used in |
3 | | connection with response actions pursuant to the federal
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4 | | Comprehensive Environmental Response, Compensation, and |
5 | | Liability Act of 1980,
the federal Resource Conservation |
6 | | and Recovery Act of 1976, or the Illinois
Environmental |
7 | | Protection Act or as authorized by the Agency;
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8 | | (13) the portion of a site or facility that accepts |
9 | | exclusively general
construction or demolition debris and |
10 | | is operated and located in accordance with Section 22.38 of |
11 | | this Act; |
12 | | (14) the portion of a site or facility, located within |
13 | | a unit of local government that has enacted local zoning |
14 | | requirements, used to accept, separate, and process |
15 | | uncontaminated broken concrete, with or without protruding |
16 | | metal bars, provided that the uncontaminated broken |
17 | | concrete and metal bars are not speculatively accumulated, |
18 | | are at the site or facility no longer than one year after |
19 | | their acceptance, and are returned to the economic |
20 | | mainstream in the form of raw materials or products;
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21 | | (15) the portion of a site or facility located in a |
22 | | county with a population over 3,000,000 that has obtained |
23 | | local siting approval under Section 39.2 of this Act for a |
24 | | municipal waste incinerator on or before July 1, 2005 and |
25 | | that is used for a non-hazardous waste transfer station;
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26 | | (16) a site or facility that temporarily holds in |
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1 | | transit for 10 days or less, non-putrescible solid waste in |
2 | | original containers, no larger in capacity than 500 |
3 | | gallons, provided that such waste is further transferred to |
4 | | a recycling, disposal, treatment, or storage facility on a |
5 | | non-contiguous site and provided such site or facility |
6 | | complies with the applicable 10-day transfer requirements |
7 | | of the federal Resource Conservation and Recovery Act of |
8 | | 1976 and United States Department of Transportation |
9 | | hazardous material requirements. For purposes of this |
10 | | Section only, "non-putrescible solid waste" means waste |
11 | | other than municipal garbage that does not rot or become |
12 | | putrid, including, but not limited to, paints, solvent, |
13 | | filters, and absorbents;
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14 | | (17)
the portion of a site or facility located in a |
15 | | county with a population greater than 3,000,000 that has |
16 | | obtained local siting approval, under Section 39.2 of this |
17 | | Act, for a municipal waste incinerator on or before July 1, |
18 | | 2005 and that is used for wood combustion facilities for |
19 | | energy recovery that accept and burn only wood material, as |
20 | | included in a fuel specification approved by the Agency;
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21 | | (18)
a transfer station used exclusively for landscape |
22 | | waste, including a transfer station where landscape waste |
23 | | is ground to reduce its volume, where the landscape waste |
24 | | is held no longer than 24 hours from the time it was |
25 | | received; |
26 | | (19) the portion of a site or facility that (i) is used |
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1 | | for the composting of food scrap, livestock waste, crop |
2 | | residue, uncontaminated wood waste, or paper waste, |
3 | | including, but not limited to, corrugated paper or |
4 | | cardboard, and (ii) meets all of the following |
5 | | requirements: |
6 | | (A) There must not be more than a total of 30,000 |
7 | | cubic yards of livestock waste in raw form or in the |
8 | | process of being composted at the site or facility at |
9 | | any one time. |
10 | | (B) All food scrap, livestock waste, crop residue, |
11 | | uncontaminated wood waste, and paper waste must, by the |
12 | | end of each operating day, be processed and placed into |
13 | | an enclosed vessel in which air flow and temperature |
14 | | are controlled, or all of the following additional |
15 | | requirements must be met: |
16 | | (i) The portion of the site or facility used |
17 | | for the composting operation must include a |
18 | | setback of at least 200 feet from the nearest |
19 | | potable water supply well. |
20 | | (ii) The portion of the site or facility used |
21 | | for the composting operation must be located |
22 | | outside the boundary of the 10-year floodplain or |
23 | | floodproofed. |
24 | | (iii) Except in municipalities with more than |
25 | | 1,000,000 inhabitants, the portion of the site or |
26 | | facility used for the composting operation must be |
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1 | | located at least one-eighth of a mile from the |
2 | | nearest residence, other than a residence located |
3 | | on the same property as the site or facility. |
4 | | (iv) The portion of the site or facility used |
5 | | for the composting operation must be located at |
6 | | least one-eighth of a mile from the property line |
7 | | of all of the following areas: |
8 | | (I) Facilities that primarily serve to |
9 | | house or treat people that are |
10 | | immunocompromised or immunosuppressed, such as |
11 | | cancer or AIDS patients; people with asthma, |
12 | | cystic fibrosis, or bioaerosol allergies; or |
13 | | children under the age of one year. |
14 | | (II) Primary and secondary schools and |
15 | | adjacent areas that the schools use for |
16 | | recreation. |
17 | | (III) Any facility for child care licensed |
18 | | under Section 3 of the Child Care Act of 1969; |
19 | | preschools; and adjacent areas that the |
20 | | facilities or preschools use for recreation. |
21 | | (v) By the end of each operating day, all food |
22 | | scrap, livestock waste, crop residue, |
23 | | uncontaminated wood waste, and paper waste must be |
24 | | (i) processed into windrows or other piles and (ii) |
25 | | covered in a manner that prevents scavenging by |
26 | | birds and animals and that prevents other |
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1 | | nuisances. |
2 | | (C) Food scrap, livestock waste, crop residue, |
3 | | uncontaminated wood waste, paper waste, and compost |
4 | | must not be placed within 5 feet of the water table. |
5 | | (D) The site or facility must meet all of the |
6 | | requirements of the Wild and Scenic Rivers Act (16 |
7 | | U.S.C. 1271 et seq.). |
8 | | (E) The site or facility must not (i) restrict the |
9 | | flow of a 100-year flood, (ii) result in washout of |
10 | | food scrap, livestock waste, crop residue, |
11 | | uncontaminated wood waste, or paper waste from a |
12 | | 100-year flood, or (iii) reduce the temporary water |
13 | | storage capacity of the 100-year floodplain, unless |
14 | | measures are undertaken to provide alternative storage |
15 | | capacity, such as by providing lagoons, holding tanks, |
16 | | or drainage around structures at the facility. |
17 | | (F) The site or facility must not be located in any |
18 | | area where it may pose a threat of harm or destruction |
19 | | to the features for which: |
20 | | (i) an irreplaceable historic or |
21 | | archaeological site has been listed under the |
22 | | National Historic Preservation Act (16 U.S.C. 470 |
23 | | et seq.) or the Illinois Historic Preservation |
24 | | Act; |
25 | | (ii) a natural landmark has been designated by |
26 | | the National Park Service or the Illinois State |
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1 | | Historic Preservation Office; or |
2 | | (iii) a natural area has been designated as a |
3 | | Dedicated Illinois Nature Preserve under the |
4 | | Illinois Natural Areas Preservation Act. |
5 | | (G) The site or facility must not be located in an |
6 | | area where it may jeopardize the continued existence of |
7 | | any designated endangered species, result in the |
8 | | destruction or adverse modification of the critical |
9 | | habitat for such species, or cause or contribute to the |
10 | | taking of any endangered or threatened species of |
11 | | plant, fish, or wildlife listed under the Endangered |
12 | | Species Act (16 U.S.C. 1531 et seq.) or the Illinois |
13 | | Endangered Species Protection Act; |
14 | | (20) the portion of a site or facility that is located |
15 | | entirely within a home rule unit having a population of no |
16 | | less than 120,000 and no more than 135,000, according to |
17 | | the 2000 federal census, and that meets all of the |
18 | | following requirements: |
19 | | (i) the portion of the site or facility is used |
20 | | exclusively to perform testing of a thermochemical |
21 | | conversion technology using only woody biomass, |
22 | | collected as landscape waste within the boundaries of |
23 | | the home rule unit, as the hydrocarbon feedstock for |
24 | | the production of synthetic gas in accordance with |
25 | | Section 39.9 of this Act; |
26 | | (ii) the portion of the site or facility is in |
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1 | | compliance with all applicable zoning requirements; |
2 | | and |
3 | | (iii) a complete application for a demonstration |
4 | | permit at the portion of the site or facility has been |
5 | | submitted to the Agency in accordance with Section 39.9 |
6 | | of this Act within one year after July 27, 2010 (the |
7 | | effective date of Public Act 96-1314); |
8 | | (21) the portion of a site or facility used to perform |
9 | | limited testing of a gasification conversion technology in |
10 | | accordance with Section 39.8 of this Act and for which a |
11 | | complete permit application has been submitted to the |
12 | | Agency prior to one year from April 9, 2010 (the effective |
13 | | date of Public Act 96-887);
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14 | | (22) the portion of a site or facility that is used to |
15 | | incinerate only pharmaceuticals from residential sources |
16 | | that are collected and transported by law enforcement |
17 | | agencies under Section 17.9A of this Act; |
18 | | (23) the portion of a site or facility: |
19 | | (A) that is used exclusively for the transfer of |
20 | | commingled landscape waste and food scrap held at the |
21 | | site or facility for no longer than 24 hours after |
22 | | their receipt; |
23 | | (B) that is located entirely within a home rule |
24 | | unit having a population of (i) not less than 100,000 |
25 | | and not more than 115,000 according to the 2010 federal |
26 | | census, (ii) not less than 5,000 and not more than |
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1 | | 10,000 according to the 2010 federal census, or (iii) |
2 | | not less than 25,000 and not more than 30,000 according |
3 | | to the 2010 federal census or that is located in the |
4 | | unincorporated area of a county having a population of |
5 | | not less than 700,000 and not more than 705,000 |
6 | | according to the 2010 federal census; |
7 | | (C) that is permitted, by the Agency, prior to |
8 | | January 1, 2002, for the transfer of landscape waste if |
9 | | located in a home rule unit or that is permitted prior |
10 | | to January 1, 2008 if located in an unincorporated area |
11 | | of a county; and |
12 | | (D) for which a permit application is submitted to |
13 | | the Agency to modify an existing permit for the |
14 | | transfer of landscape waste to also include, on a |
15 | | demonstration basis not to exceed 24 months each time a |
16 | | permit is issued, the transfer of commingled landscape |
17 | | waste and food scrap or for which a permit application |
18 | | is submitted to the Agency within 6 months of the |
19 | | effective date of this amendatory Act of the 100th |
20 | | General Assembly; and |
21 | | (24) the portion of a municipal solid waste landfill |
22 | | unit: |
23 | | (A) that is located in a county having a population |
24 | | of not less than 55,000 and not more than 60,000 |
25 | | according to the 2010 federal census; |
26 | | (B) that is owned by that county; |
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1 | | (C) that is permitted, by the Agency, prior to July |
2 | | 10, 2015 (the effective date of Public Act 99-12); and |
3 | | (D) for which a permit application is submitted to |
4 | | the Agency within 6 months after July 10, 2015 (the |
5 | | effective date of Public Act 99-12) for the disposal of |
6 | | non-hazardous special waste ; and . |
7 | | (25) the portion of a site or facility that receives, |
8 | | separates, stores, and converts post-use polymers into |
9 | | crude oil, fuels, or other raw materials or intermediate or |
10 | | final products or feedstocks using a pyrolysis or |
11 | | gasification process and is regulated under the State's |
12 | | air, water, and waste regulations applicable to |
13 | | manufacturing facilities. |
14 | | (b) A new pollution control facility is:
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15 | | (1) a pollution control facility initially permitted |
16 | | for development or
construction after July 1, 1981; or
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17 | | (2) the area of expansion beyond the boundary of a |
18 | | currently permitted
pollution control facility; or
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19 | | (3) a permitted pollution control facility requesting |
20 | | approval to
store, dispose of, transfer or incinerate, for |
21 | | the first time, any special
or hazardous waste.
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22 | | (Source: P.A. 99-12, eff. 7-10-15; 99-440, eff. 8-21-15; |
23 | | 99-642, eff. 7-28-16; 100-94, eff. 8-11-17.)
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24 | | (415 ILCS 5/3.336 new) |
25 | | Sec. 3.336. Post-use polymers. "Post-use polymers" means |
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1 | | plastic polymers that derive from any household, industrial, |
2 | | community, commercial, or other sources of operations or |
3 | | activities that might otherwise become a waste if not recycled |
4 | | or converted to manufacture crude oil, fuels, or other raw |
5 | | materials or intermediate or final products using pyrolysis or |
6 | | gasification. "Post-use polymers" may contain incidental |
7 | | contaminants or impurities such as paper labels or metal rings. |
8 | | "Post-use polymers" are not waste. |
9 | | (415 ILCS 5/3.366 new) |
10 | | Sec. 3.366. Pyrolysis. "Pyrolysis" means a manufacturing |
11 | | process through which post-use polymers are heated in the |
12 | | absence of oxygen until melted, and thermally decomposed, and |
13 | | are then cooled, condensed, and converted to: |
14 | | (1) crude oil, diesel, gasoline, home heating oil, or |
15 | | another fuel; |
16 | | (2) feedstocks; |
17 | | (3) diesel and gasoline blendstocks; |
18 | | (4) chemicals, waxes, or lubricants; or |
19 | | (5) other raw materials or intermediate or final |
20 | | products. |
21 | | "Pyrolysis" is not waste incineration or waste treatment. |
22 | | (415 ILCS 5/3.367 new) |
23 | | Sec. 3.367. Pyrolysis facility. "Pyrolysis facility" means |
24 | | a manufacturing facility that receives, separates, stores, and |
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1 | | converts post-use polymers using pyrolysis. A "pyrolysis |
2 | | facility" is not a pollution control facility, a solid waste |
3 | | treatment facility, or a solid waste incineration facility.
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4 | | (415 ILCS 5/3.535) (was 415 ILCS 5/3.53)
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5 | | Sec. 3.535. Waste.
"Waste" means any garbage, sludge from |
6 | | a waste treatment plant,
water supply treatment plant, or air |
7 | | pollution control facility or other
discarded material, |
8 | | including solid, liquid, semi-solid, or contained
gaseous |
9 | | material resulting from industrial, commercial, mining and
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10 | | agricultural operations, and from community activities, but |
11 | | does not
include solid or dissolved material in domestic |
12 | | sewage, or solid or
dissolved materials in irrigation return |
13 | | flows, or coal combustion
by-products as defined in Section |
14 | | 3.135, or post-use polymers or nonrecycled feedstocks |
15 | | processed through pyrolysis or gasification, or industrial
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16 | | discharges which are point sources subject to permits under |
17 | | Section
402 of the Federal Water Pollution Control Act, as now |
18 | | or hereafter
amended, or source, special nuclear, or by-product |
19 | | materials as
defined by the Atomic Energy Act of 1954, as |
20 | | amended (68 Stat. 921)
or any solid or dissolved material from |
21 | | any facility subject to
the Federal Surface Mining Control and |
22 | | Reclamation Act of 1977 (P.L.
95-87) or the rules and |
23 | | regulations thereunder or any law or rule or
regulation adopted |
24 | | by the State of Illinois pursuant thereto.
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25 | | (Source: P.A. 92-574, eff. 6-26-02.)
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1 | | (415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)
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2 | | Sec. 9.4. Municipal waste incineration emission standards.
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3 | | (a) The General Assembly finds:
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4 | | (1) That air pollution from municipal waste |
5 | | incineration may constitute
a threat to public health, |
6 | | welfare and the environment. The amounts and
kinds of |
7 | | pollutants depend on the nature of the waste stream, |
8 | | operating
conditions of the incinerator, and the |
9 | | effectiveness of emission controls.
Under normal operating |
10 | | conditions, municipal waste incinerators produce
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11 | | pollutants such as organic compounds, metallic compounds |
12 | | and acid gases
which may be a threat to public health, |
13 | | welfare and the environment.
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14 | | (2) That a combustion and flue-gas control system, |
15 | | which is properly
designed, operated and maintained, can |
16 | | substantially reduce the emissions
of organic materials, |
17 | | metallic compounds and acid gases from municipal
waste |
18 | | incineration.
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19 | | (b) It is the purpose of this Section to insure that |
20 | | emissions from new
municipal waste incineration facilities |
21 | | which burn a total of 25 tons or
more of municipal waste per |
22 | | day are adequately controlled.
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23 | | Such facilities shall be subject to emissions limits and |
24 | | operating
standards based upon the application of Best |
25 | | Available Control Technology,
as determined by the Agency, for |
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1 | | emissions of the following categories of
pollutants:
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2 | | (1) particulate matter, sulfur dioxide and nitrogen |
3 | | oxides;
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4 | | (2) acid gases;
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5 | | (3) heavy metals; and
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6 | | (4) organic materials.
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7 | | (c) The Agency shall issue permits, pursuant to Section 39, |
8 | | to new
municipal waste incineration facilities only if the |
9 | | Agency finds that such
facilities are designed, constructed and |
10 | | operated so as to comply with the
requirements prescribed by |
11 | | this Section.
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12 | | Prior to adoption of Board regulations under subsection (d) |
13 | | of this
Section the Agency may issue permits for the |
14 | | construction of new municipal
waste incineration facilities. |
15 | | The Agency determination of Best Available
Control Technology |
16 | | shall be based upon consideration of the specific
pollutants |
17 | | named in subsection (d), and emissions of particulate matter,
|
18 | | sulfur dioxide and nitrogen oxides.
|
19 | | Nothing in this Section shall limit
the applicability of |
20 | | any other Sections of this Act, or of other standards
or |
21 | | regulations adopted by the Board, to municipal waste |
22 | | incineration
facilities. In issuing such permits, the Agency |
23 | | may prescribe those
conditions necessary to assure continuing |
24 | | compliance with the emission
limits and operating standards |
25 | | determined pursuant to subsection (b); such
conditions may |
26 | | include the monitoring and reporting of emissions.
|
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| | SB3129 | - 18 - | LRB100 19879 MJP 35159 b |
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1 | | (d) Within one year after July 1, 1986, the Board shall |
2 | | adopt regulations pursuant to Title
VII of this Act, which |
3 | | define the terms in items (2), (3) and (4) of subsection
(b) of |
4 | | this Section which are to be used by the Agency in making its
|
5 | | determination pursuant to this Section. The provisions of |
6 | | Section 27(b) of
this Act shall not apply to this rulemaking.
|
7 | | Such regulations shall be written so that the categories of |
8 | | pollutants
include, but need not be limited to, the following |
9 | | specific pollutants:
|
10 | | (1) hydrogen chloride in the definition of acid gases;
|
11 | | (2) arsenic, cadmium, mercury, chromium, nickel and |
12 | | lead in the
definition of heavy metals; and
|
13 | | (3) polychlorinated dibenzo-p-dioxins, polychlorinated |
14 | | dibenzofurans and
polynuclear aromatic hydrocarbons in the |
15 | | definition of organic materials.
|
16 | | (e) For the purposes of this Section, the term "Best |
17 | | Available Control
Technology" means an emission limitation
|
18 | | (including a visible emission standard) based on the maximum |
19 | | degree of
pollutant reduction which the Agency, on a |
20 | | case-by-case basis, taking into
account energy, environmental |
21 | | and economic impacts, determines is
achievable through the |
22 | | application of production processes or available
methods, |
23 | | systems and techniques, including fuel cleaning or treatment or
|
24 | | innovative fuel combustion techniques. If the Agency |
25 | | determines that
technological or economic limitations on the |
26 | | application of measurement
methodology to a particular class of |
|
| | SB3129 | - 19 - | LRB100 19879 MJP 35159 b |
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1 | | sources would make the imposition of
an emission standard not |
2 | | feasible, it may instead prescribe a design,
equipment, work |
3 | | practice or operational standard, or combination thereof,
to |
4 | | require the application of best available control technology. |
5 | | Such standard
shall, to the degree possible, set forth the |
6 | | emission reduction achievable by
implementation of such |
7 | | design, equipment, work practice or operation and
shall provide |
8 | | for compliance by means which achieve equivalent results.
|
9 | | (f) "Municipal waste incineration" means the burning of |
10 | | municipal waste
or fuel derived therefrom in a combustion |
11 | | apparatus designed to burn
municipal waste that may produce |
12 | | electricity or steam as a by-product. A
"new municipal waste |
13 | | incinerator" is an incinerator initially permitted for
|
14 | | development or construction after January 1, 1986. As used in |
15 | | this Section, "municipal waste" or "municipal waste or fuel |
16 | | derived therefrom" do not include: (i) post-use polymers or |
17 | | nonrecycled feedstocks that are converted into crude oil or |
18 | | refined into fuels or feedstocks using a pyrolysis or |
19 | | gasification process; and (ii) non-hazardous secondary |
20 | | material that is excluded from solid waste when used |
21 | | legitimately as a fuel or ingredient in a combustion unit.
|
22 | | (g) The provisions of this Section shall not apply to |
23 | | industrial
incineration facilities that burn waste generated |
24 | | at the same site.
|
25 | | (Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
|
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| | SB3129 | - 20 - | LRB100 19879 MJP 35159 b |
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1 | | (415 ILCS 5/22.16b) (from Ch. 111 1/2, par. 1022.16b)
|
2 | | Sec. 22.16b. (a) Beginning January 1, 1991, the Agency |
3 | | shall assess and
collect a fee from the owner or operator of |
4 | | each new municipal waste
incinerator. The fee shall be |
5 | | calculated by applying the rates established
from time to time |
6 | | for the disposal of solid waste at sanitary landfills
under |
7 | | subdivision (b)(1) of Section 22.15 to the total amount of |
8 | | municipal
waste accepted for incineration at the new municipal |
9 | | waste incinerator.
The exemptions provided by this Act to the |
10 | | fees imposed under subsection
(b) of Section 22.15 shall not |
11 | | apply to the fee imposed by this Section.
|
12 | | The owner or operator of any new municipal waste |
13 | | incinerator permitted
after January 1, 1990, but before July 1, |
14 | | 1990 by the Agency for the
development or operation of a new |
15 | | municipal waste incinerator shall be exempt
from this fee, but |
16 | | shall include the following conditions:
|
17 | | (1) The owner or operator shall provide information |
18 | | programs to those
communities serviced by the owner or |
19 | | operator concerning recycling and
separation of waste not |
20 | | suitable for incineration.
|
21 | | (2) The owner or operator shall provide information |
22 | | programs to those
communities serviced by the owner or |
23 | | operator concerning the Agency's
household hazardous waste |
24 | | collection program and participation in that program.
|
25 | | For the purposes of this Section, "new municipal waste |
26 | | incinerator" means
a municipal waste incinerator initially |
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| | SB3129 | - 21 - | LRB100 19879 MJP 35159 b |
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1 | | permitted for development or
construction on or after January |
2 | | 1, 1990. As used in this Section, a "municipal waste |
3 | | incinerator" means a municipal waste incineration facility |
4 | | under Section 9.4.
|
5 | | Amounts collected under this subsection shall be deposited |
6 | | into the
Municipal Waste Incinerator Tax Fund, which is hereby |
7 | | established as an
interest-bearing special fund in the State |
8 | | Treasury. Monies in the Fund
may be used, subject to |
9 | | appropriation:
|
10 | | (1) by the Department of Commerce and Economic |
11 | | Opportunity to fund its
public information programs on
|
12 | | recycling in those communities served by new municipal |
13 | | waste incinerators; and
|
14 | | (2) by the Agency to fund its household hazardous waste |
15 | | collection
activities in those communities served by new |
16 | | municipal waste incinerators.
|
17 | | (b) Any permit issued by the Agency for the development or |
18 | | operation of
a new municipal waste incinerator shall include |
19 | | the following conditions:
|
20 | | (1) The incinerator must be designed to provide |
21 | | continuous monitoring
while in operation, with direct |
22 | | transmission of the resultant data to the
Agency, until the |
23 | | Agency determines the best available control technology
|
24 | | for monitoring the data. The Agency shall establish the
|
25 | | test methods, procedures and averaging periods, as |
26 | | certified by the USEPA
for solid waste incinerator units, |
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| | SB3129 | - 22 - | LRB100 19879 MJP 35159 b |
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1 | | and the form and frequency of reports
containing results of |
2 | | the monitoring. Compliance and enforcement shall be
based |
3 | | on such reports. Copies of the results of such
monitoring |
4 | | shall be maintained on file at the facility concerned for |
5 | | one
year, and copies shall be made available for inspection |
6 | | and copying by
interested members of the public during |
7 | | business hours.
|
8 | | (2) The facility shall comply with the emission limits |
9 | | adopted by the
Agency under subsection (c).
|
10 | | (3) The operator of the facility shall take reasonable |
11 | | measures to
ensure that waste accepted for incineration |
12 | | complies with all legal
requirements for incineration. The |
13 | | incinerator operator shall establish
contractual |
14 | | requirements or other notification and inspection |
15 | | procedures
sufficient to assure compliance with this |
16 | | subsection (b)(3) which may
include, but not be limited to, |
17 | | routine inspections of waste, lists of
acceptable and |
18 | | unacceptable waste provided to haulers and notification to |
19 | | the
Agency when the facility operator rejects and sends |
20 | | loads away. The
notification shall contain at least the |
21 | | name of the hauler and the site
from where the load was |
22 | | hauled.
|
23 | | (4) The operator may not accept for incineration any |
24 | | waste generated
or collected in a municipality that has not |
25 | | implemented a recycling
plan or is party to an implemented |
26 | | county plan, consistent with State goals
and objectives. |
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| | SB3129 | - 23 - | LRB100 19879 MJP 35159 b |
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1 | | Such plans shall include provisions for collecting,
|
2 | | recycling or diverting from landfills and municipal |
3 | | incinerators landscape
waste, household hazardous waste |
4 | | and batteries. Such provisions may be
performed at the site |
5 | | of the new municipal incinerator.
|
6 | | The Agency, after careful scrutiny of a permit application |
7 | | for the
construction, development or operation of a new |
8 | | municipal waste incinerator,
shall deny the permit if (i) the |
9 | | Agency finds in the permit application
noncompliance with the |
10 | | laws and rules of the State or (ii) the application
indicates |
11 | | that the mandated air emissions standards will not be reached |
12 | | within
six months of the proposed municipal waste incinerator |
13 | | beginning operation.
|
14 | | (c) The Agency shall adopt specific limitations on the |
15 | | emission of
mercury, chromium, cadmium and lead, and good |
16 | | combustion practices, including
temperature controls from |
17 | | municipal waste incinerators pursuant to Section 9.4
of the |
18 | | Act.
|
19 | | (d) The Agency shall establish household hazardous waste |
20 | | collection
centers in appropriate places in this State. The |
21 | | Agency may operate and
maintain the centers itself or may |
22 | | contract with other parties for that
purpose. The Agency shall |
23 | | ensure that the wastes collected are properly
disposed of. The |
24 | | collection centers may charge fees for their services,
not to |
25 | | exceed the costs incurred. Such collection centers shall not |
26 | | (i) be
regulated as hazardous waste facilities under RCRA nor |