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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 9 as follows: | ||||||
6 | (415 ILCS 5/9) (from Ch. 111 1/2, par. 1009) | ||||||
7 | Sec. 9. Acts prohibited. No person shall: | ||||||
8 | (a) Cause or threaten or allow the discharge or emission | ||||||
9 | of any contaminant into the environment in any State so as to | ||||||
10 | cause or tend to cause air pollution in Illinois, either alone | ||||||
11 | or in combination with contaminants from other sources, or so | ||||||
12 | as to violate regulations or standards adopted by the Board | ||||||
13 | under this Act. | ||||||
14 | (b) Construct, install, or operate any equipment, | ||||||
15 | facility, vehicle, vessel, or aircraft capable of causing or | ||||||
16 | contributing to air pollution or designed to prevent air | ||||||
17 | pollution, of any type designated by Board regulations, (1) | ||||||
18 | without a permit granted by the Agency unless otherwise exempt | ||||||
19 | by this Act or Board regulations or (2) in violation of any | ||||||
20 | conditions imposed by such permit. | ||||||
21 | (c) Cause or allow the open burning of refuse, conduct any | ||||||
22 | salvage operation by open burning, or cause or allow the | ||||||
23 | burning of any refuse in any chamber not specifically designed |
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1 | for the purpose and approved by the Agency pursuant to | ||||||
2 | regulations adopted by the Board under this Act; except that | ||||||
3 | the Board may adopt regulations permitting open burning of | ||||||
4 | refuse in certain cases upon a finding that no harm will result | ||||||
5 | from such burning, or that any alternative method of disposing | ||||||
6 | of such refuse would create a safety hazard so extreme as to | ||||||
7 | justify the pollution that would result from such burning. | ||||||
8 | (d) Sell, offer, or use any fuel or other article in any | ||||||
9 | areas in which the Board may by regulation forbid its sale, | ||||||
10 | offer, or use for reasons of air-pollution control. | ||||||
11 | (e) Use, cause or allow the spraying of loose asbestos for | ||||||
12 | the purpose of fireproofing or insulating any building or | ||||||
13 | building material or other constructions, or otherwise use | ||||||
14 | asbestos in such unconfined manner as to permit asbestos | ||||||
15 | fibers or particles to pollute the air. | ||||||
16 | (f) Commencing July 1, 1985, sell any used oil for burning | ||||||
17 | or incineration in any incinerator, boiler, furnace, burner or | ||||||
18 | other equipment unless such oil meets standards based on | ||||||
19 | virgin fuel oil or re-refined oil, as defined in ASTM D-396 or | ||||||
20 | specifications under VV-F-815C promulgated pursuant to the | ||||||
21 | federal Energy Policy and Conservation Act, and meets the | ||||||
22 | manufacturer's and current NFDA code standards for which such | ||||||
23 | incinerator, boiler, furnace, burner or other equipment was | ||||||
24 | approved, except that this prohibition does not apply to a | ||||||
25 | sale to a permitted used oil re-refining or reprocessing | ||||||
26 | facility or sale to a facility permitted by the Agency to burn |
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1 | or incinerate such oil. | ||||||
2 | Nothing herein shall limit the effect of any section of | ||||||
3 | this Title with respect to any form of asbestos, or the | ||||||
4 | spraying of any form of asbestos, or limit the power of the | ||||||
5 | Board under this Title to adopt additional and further | ||||||
6 | regulations with respect to any form of asbestos, or the | ||||||
7 | spraying of any form of asbestos. | ||||||
8 | This Section shall not limit the burning of landscape | ||||||
9 | waste upon the premises where it is produced or at sites | ||||||
10 | provided and supervised by any unit of local government, | ||||||
11 | except within any county having a population of more than | ||||||
12 | 400,000. Nothing in this Section shall prohibit the burning of | ||||||
13 | landscape waste for agricultural purposes, habitat management | ||||||
14 | (including but not limited to forest and prairie reclamation), | ||||||
15 | or firefighter training. For the purposes of this Act, | ||||||
16 | "burning of landscape waste for agricultural purposes" | ||||||
17 | includes (i) the burning of landscape waste by production | ||||||
18 | nurseries and (ii) the burning of landscape waste in a county | ||||||
19 | with a population of 50,000 or less and more than 750 feet from | ||||||
20 | the nearest residence by a person engaged in the business of | ||||||
21 | tree removal shall be considered to be burning for | ||||||
22 | agricultural purposes . | ||||||
23 | Any grain elevator located outside of a major population | ||||||
24 | area, as defined in Section 211.3610 of Title 35 of the | ||||||
25 | Illinois Administrative Code, shall be exempt from the | ||||||
26 | requirements of Section 212.462 of Title 35 of the Illinois |
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1 | Administrative Code provided that the elevator: (1) does not | ||||||
2 | violate the prohibitions of subsection (a) of this Section or | ||||||
3 | have a certified investigation, as defined in Section 211.970 | ||||||
4 | of Title 35 of the Illinois Administrative Code, on file with | ||||||
5 | the Agency and (2) is not required to obtain a Clean Air Act | ||||||
6 | Permit Program permit pursuant to Section 39.5. | ||||||
7 | Notwithstanding the above exemption, new stationary source | ||||||
8 | performance standards for grain elevators, established | ||||||
9 | pursuant to Section 9.1 of this Act and Section 111 of the | ||||||
10 | federal Clean Air Act, shall continue to apply to grain | ||||||
11 | elevators. | ||||||
12 | (Source: P.A. 97-95, eff. 7-12-11.) |