Sen. Jeffrey M. Schoenberg
Filed: 11/12/2004
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1 | AMENDMENT TO HOUSE BILL 914
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2 | AMENDMENT NO. ______. Amends House Bill 914 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Section 9 as follows:
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6 | (415 ILCS 5/9) (from Ch. 111 1/2, par. 1009)
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7 | Sec. 9. Acts prohibited. No person shall:
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8 | (a) Cause or threaten or allow the discharge or emission of | ||||||
9 | 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;
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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, without | ||||||
18 | a permit granted by the Agency, or in violation of any
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19 | conditions imposed by such permit;
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20 | (c) Cause or allow the open burning of refuse, conduct any | ||||||
21 | salvage
operation by open burning, or cause or allow the | ||||||
22 | burning of any refuse in
any chamber not specifically designed | ||||||
23 | for the purpose and approved by the
Agency pursuant to | ||||||
24 | regulations adopted by the Board under this Act; except
that |
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1 | the Board may adopt regulations permitting open burning of | ||||||
2 | refuse in
certain cases upon a finding that no harm will result | ||||||
3 | from such burning, or
that any alternative method of disposing | ||||||
4 | of such refuse would create a
safety hazard so extreme as to | ||||||
5 | justify the pollution that would result from
such burning;
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6 | (d) Sell, offer, or use any fuel or other article in any | ||||||
7 | areas in which
the Board may by regulation forbid its sale, | ||||||
8 | offer, or use for reasons of
air-pollution control;
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9 | (e) Use, cause or allow the spraying of loose asbestos for | ||||||
10 | the purpose
of fireproofing or insulating any building or | ||||||
11 | building material or other
constructions, or otherwise use | ||||||
12 | asbestos in such unconfined manner as to
permit asbestos fibers | ||||||
13 | or particles to pollute the air;
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14 | (f) Commencing July 1, 1985, sell any used oil for burning | ||||||
15 | or incineration
in any incinerator, boiler, furnace, burner or | ||||||
16 | other equipment unless such
oil meets standards based on virgin | ||||||
17 | fuel oil or re-refined oil, as defined
in ASTM D-396 or | ||||||
18 | specifications under VV-F-815C promulgated pursuant to the
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19 | federal Energy Policy and Conservation Act, and meets the | ||||||
20 | manufacturer's
and current NFDA code standards for which such | ||||||
21 | incinerator, boiler,
furnace, burner or other equipment was | ||||||
22 | approved, except that this
prohibition does not apply to a sale | ||||||
23 | to a permitted used oil re-refining or
reprocessing facility or | ||||||
24 | sale to a facility permitted by the Agency to burn
or | ||||||
25 | incinerate such oil ;
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26 | (g) On and after the effective date of this amendatory Act | ||||||
27 | of the 93rd General Assembly, burn or incinerate at any | ||||||
28 | hospital, or at any site or facility owned or operated by any | ||||||
29 | owner or operator of any hospital, any waste generated at any | ||||||
30 | hospital. For purposes of this subsection, the term "hospital" | ||||||
31 | means a "hospital" as that term is defined in 35 Ill. Admin. | ||||||
32 | Code 229.102 that is subject to the emission standards | ||||||
33 | established under 35 Ill. Admin. Code 229.
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34 | Nothing herein shall limit the effect of any section of |
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1 | this Title with
respect to any form of asbestos, or the | ||||||
2 | spraying of any form of asbestos,
or limit the power of the | ||||||
3 | Board under this Title to adopt additional and
further | ||||||
4 | regulations with respect to any form of asbestos, or the | ||||||
5 | spraying
of any form of asbestos.
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6 | This Section shall not limit the burning of landscape waste | ||||||
7 | upon the
premises where it is produced or at sites provided and | ||||||
8 | supervised by any
unit of local government, except within any | ||||||
9 | county having a population of
more than 400,000. Nothing in | ||||||
10 | this Section shall prohibit the burning of
landscape waste for | ||||||
11 | agricultural purposes, habitat management (including but
not | ||||||
12 | limited to forest and prairie reclamation), or firefighter | ||||||
13 | training. For
the purposes of this Act, the burning of | ||||||
14 | landscape waste by production
nurseries shall be considered to | ||||||
15 | be burning for agricultural purposes.
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16 | Any grain elevator located outside of a major population | ||||||
17 | area, as defined
in Section 211.3610 of Title 35 of the | ||||||
18 | Illinois Administrative Code, shall be
exempt from the | ||||||
19 | requirements of Section 212.462 of Title 35 of the
Illinois | ||||||
20 | Administrative Code provided that the elevator: (1) does not | ||||||
21 | violate
the prohibitions of subsection (a) of this Section or | ||||||
22 | have a certified
investigation, as defined in Section 211.970 | ||||||
23 | of Title 35 of the Illinois
Administrative Code, on file with | ||||||
24 | the Agency and (2) is not required to obtain
a Clean Air Act | ||||||
25 | Permit Program permit pursuant to Section 39.5.
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26 | Notwithstanding the above exemption, new stationary source | ||||||
27 | performance
standards for grain elevators,
established | ||||||
28 | pursuant to Section 9.1 of this Act and Section 111 of the | ||||||
29 | federal
Clean Air Act, shall continue to apply to grain | ||||||
30 | elevators.
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31 | (Source: P.A. 88-488; 89-328, eff. 8-17-95; 89-491, eff. | ||||||
32 | 6-21-96.)
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33 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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