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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4098 Introduced 1/16/2020, by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
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Amends the Environmental Protection Act. Requires a landfill located within 1000 feet of the right of way of a township or county road or State or interstate highway to have its operations screened from view by a barrier no less than 8 feet in height. Provides that no part of a landfill may be located closer than 1000 feet from specified buildings unless the owner of the building provides written permission. Preempts home rule. Effective immediately.
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| | A BILL FOR |
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| | HB4098 | | LRB101 14900 CPF 63886 b |
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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 | | adding Section 22.14a as follows:
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| 6 | | (415 ILCS 5/22.14a new) |
| 7 | | Sec. 22.14a. Landfill setback. |
| 8 | | (a) A landfill located within 1000 feet of the right of way |
| 9 | | of a township or county road or State or interstate highway |
| 10 | | must have its operations screened from view by a barrier of |
| 11 | | natural objects, fences, barricades, or plants no less than 8 |
| 12 | | feet in height. |
| 13 | | (b) No part of a landfill may be located closer than 1000 |
| 14 | | feet from an occupied dwelling, school, or hospital that was |
| 15 | | occupied on the date when the operator first applied for a |
| 16 | | permit to develop the landfill, unless the owner of the |
| 17 | | dwelling, school, or hospital provides permission to the |
| 18 | | operator, in writing, for a closer distance. |
| 19 | | (c) For purposes of this Section, "landfill" has the same |
| 20 | | meaning as defined in Section 22.6 of this Act. |
| 21 | | (d) The regulation of landfill setbacks is an exclusive |
| 22 | | power and function of the State. A home rule unit may not |
| 23 | | regulate landfill setbacks. This Section is a denial and |