093_HB1729eng HB1729 Engrossed LRB093 05087 EFG 05147 b 1 AN ACT in relation to environmental protection. 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 5 by changing Section 22.14 as follows: 6 (415 ILCS 5/22.14) (from Ch. 111 1/2, par. 1022.14) 7 Sec. 22.14. Garbage transfer stations. 8 (a) No person may establish any pollution control 9 facility for use as a garbage transfer station, which is 10 located less than 1000 feet from the nearest property zoned 11 for primarily residential uses or within 1000 feet of any 12 dwelling, except in counties of at least 3,000,000 13 inhabitants. In counties of at least 3,000,000 inhabitants, 14 no person may establish any pollution control facility for 15 use as a garbage transfer station which is located less than 16 1000 feet from the nearest property zoned for primarily 17 residential uses, provided, however, a station which is 18 located in an industrial area of 10 or more contiguous acres 19 may be located within 1000 feet but no closer than 800 feet 20 from the nearest property zoned for primarily residential 21 uses. However, in a county with over 300,000 and less than 22 350,000 inhabitants, a station used for the transfer or 23 separation of waste for recycling or disposal in a sanitary 24 landfill that is located in an industrial area of 10 or more 25 acres may be located within 1000 feet but no closer than 800 26 feet from the nearest property zoned for primarily 27 residential uses. 28 (b) This Section does not prohibit (i) any such facility 29 which is in existence on January 1, 1988, nor (ii) any 30 facility in existence on January 1, 1988, as expanded before 31 January 1, 1990, to include processing and transferring of HB1729 Engrossed -2- LRB093 05087 EFG 05147 b 1 municipal wastes for both recycling and disposal purposes, 2 nor (iii) any such facility which becomes nonconforming due 3 to a change in zoning or the establishment of a dwelling 4 which occurs after the establishment of the facility, nor 5 (iv) any facility established by a municipality with a 6 population in excess of 1,000,000, nor (v) any transfer 7 facility operating on January 1, 1988. No facility described 8 in item (ii) shall, after July 14, 1995, accept landscape 9 waste and other municipal waste in the same vehicle load. 10 However, the use of an existing pollution control facility as 11 a garbage transfer station shall be deemed to be the 12 establishment of a new facility, and shall be subject to 13 subsection (a), if such facility had not been used as a 14 garbage transfer station within one year prior to January 1, 15 1988. 16 (c) For the purposes of this Section, the term 17 "established" shall be defined as the date on which the 18 applicant files its request for local siting approval. The 19 changes to this Section made by this amendatory Act of the 20 93rd General Assembly are declaratory of existing law, shall 21 not be construed as a new enactment, and shall apply to all 22 pending applications where appeals to the Board and the 23 Courts have not been exhausted. 24 (Source: P.A. 88-681, eff. 12-22-94; 89-143, eff. 7-14-95; 25 89-336, eff. 8-17-95; 89-626, eff. 8-9-96.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.