Sen. William R. Haine
Filed: 4/27/2004
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1 | AMENDMENT TO HOUSE BILL 5094
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2 | AMENDMENT NO. ______. Amend House Bill 5094, AS AMENDED, | ||||||
3 | with reference to page and line numbers of Senate Amendment No. | ||||||
4 | 1, as follows:
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5 | on page 1, line 5, by changing "3.135" to "3.135, 3.160, 21,"; | ||||||
6 | and | ||||||
7 | on page 5, immediately below line 11, by inserting the | ||||||
8 | following:
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9 | "(415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
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10 | Sec. 3.160. Construction or demolition debris.
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11 | (a) "General construction or demolition debris" means | ||||||
12 | non-hazardous,
uncontaminated materials resulting from the | ||||||
13 | construction, remodeling, repair,
and demolition of utilities, | ||||||
14 | structures, and roads, limited to the following:
bricks, | ||||||
15 | concrete, and other masonry materials; soil; rock; wood, | ||||||
16 | including
non-hazardous painted, treated, and coated wood and | ||||||
17 | wood products; wall
coverings; plaster; drywall; plumbing | ||||||
18 | fixtures; non-asbestos insulation;
roofing shingles and other | ||||||
19 | roof coverings; reclaimed asphalt pavement; glass;
plastics | ||||||
20 | that are not sealed in a manner that conceals waste; electrical
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21 | wiring and components containing no hazardous substances; and | ||||||
22 | piping or metals
incidental to any of those materials.
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23 | General construction or demolition debris does not include |
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1 | uncontaminated
soil generated during construction, remodeling, | ||||||
2 | repair, and demolition of
utilities, structures, and roads | ||||||
3 | provided the uncontaminated soil is not
commingled with any | ||||||
4 | general construction or demolition debris or other waste.
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5 | To the extent allowed by federal law and except for in Cook | ||||||
6 | County, broken concrete with protruding metal bars that do not | ||||||
7 | protrude more than 2 feet is not considered "waste" if it is | ||||||
8 | covered with sufficient soil materials to sustain vegetation or | ||||||
9 | if it is covered by a road or structure.
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10 | (b) "Clean construction or demolition debris" means
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11 | uncontaminated broken concrete without protruding metal bars, | ||||||
12 | bricks, rock,
stone, reclaimed asphalt pavement, or soil | ||||||
13 | generated from construction or
demolition activities.
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14 | Clean construction or demolition debris does not include | ||||||
15 | uncontaminated soil
generated during construction, remodeling, | ||||||
16 | repair, and demolition of utilities,
structures, and roads | ||||||
17 | provided the uncontaminated soil is not commingled with
any | ||||||
18 | clean construction or demolition debris or other waste.
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19 | To the extent allowed by federal law, clean construction or | ||||||
20 | demolition debris
shall not be considered "waste" if it is (i) | ||||||
21 | used as fill material outside of a setback zone if the fill is | ||||||
22 | placed no higher than the
highest point of elevation existing | ||||||
23 | prior to the filling immediately adjacent
to the fill area, and | ||||||
24 | if covered by sufficient uncontaminated soil to
support | ||||||
25 | vegetation within 30 days of the completion of filling or if | ||||||
26 | covered
by a road or structure, or (ii) separated or processed | ||||||
27 | and returned to the
economic mainstream in the form of raw | ||||||
28 | materials or products, if it is not
speculatively accumulated | ||||||
29 | and, if used as a fill material, it is used in
accordance with | ||||||
30 | item (i) within 30 days of its generation, or (iii) solely
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31 | broken concrete without protruding metal bars used for erosion | ||||||
32 | control, or
(iv) generated from the construction or demolition | ||||||
33 | of a building, road, or
other structure and used to construct, | ||||||
34 | on the site where the construction or
demolition has taken |
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1 | place, a manmade
functional structure not to exceed 20 feet | ||||||
2 | above the highest point of
elevation of the property | ||||||
3 | immediately adjacent to the new manmade functional
structure as | ||||||
4 | that elevation existed prior to the creation of that new
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5 | structure,
provided that the structure shall be covered with | ||||||
6 | sufficient soil
materials to sustain vegetation or by a road or | ||||||
7 | structure, and further
provided that no such structure shall be | ||||||
8 | constructed within
a home rule municipality with a population | ||||||
9 | over 500,000 without the consent
of the municipality.
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10 | (Source: P.A. 92-574, eff. 6-26-02; 93-179, eff. 7-11-03.)"; | ||||||
11 | and
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12 | on page 8, immediately below line 29, by inserting the | ||||||
13 | following:
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14 | "(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
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15 | Sec. 21. Prohibited acts. No person shall:
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16 | (a) Cause or allow the open dumping of any waste.
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17 | (b) Abandon, dump, or deposit any waste upon the public | ||||||
18 | highways or
other public property, except in a sanitary | ||||||
19 | landfill approved by the
Agency pursuant to regulations adopted | ||||||
20 | by the Board.
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21 | (c) Abandon any vehicle in violation of the "Abandoned | ||||||
22 | Vehicles
Amendment to the Illinois Vehicle Code", as enacted by | ||||||
23 | the 76th General
Assembly.
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24 | (d) Conduct any waste-storage, waste-treatment, or | ||||||
25 | waste-disposal
operation:
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26 | (1) without a permit granted by the Agency or in | ||||||
27 | violation of any
conditions imposed by such permit, | ||||||
28 | including periodic reports and full
access to adequate | ||||||
29 | records and the inspection of facilities, as may be
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30 | necessary to assure compliance with this Act and with | ||||||
31 | regulations and
standards adopted thereunder; provided, | ||||||
32 | however, that, except for municipal
solid waste landfill |
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1 | units that receive waste on or after October 9, 1993,
no | ||||||
2 | permit shall be
required for (i) any person conducting a | ||||||
3 | waste-storage, waste-treatment, or
waste-disposal | ||||||
4 | operation for wastes generated by such person's own
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5 | activities which are stored, treated, or disposed within | ||||||
6 | the site where
such wastes are generated, or (ii)
a | ||||||
7 | facility located in a county with a
population over | ||||||
8 | 700,000, operated and located in accordance with
Section | ||||||
9 | 22.38 of this Act, and used exclusively for the transfer, | ||||||
10 | storage, or
treatment of general construction or | ||||||
11 | demolition debris;
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12 | (2) in violation of any regulations or standards | ||||||
13 | adopted by the
Board under this Act; or
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14 | (3) which receives waste after August 31, 1988, does | ||||||
15 | not have a permit
issued by the Agency, and is (i) a | ||||||
16 | landfill used exclusively for the
disposal of waste | ||||||
17 | generated at the site, (ii) a surface impoundment
receiving | ||||||
18 | special waste not listed in an NPDES permit, (iii) a waste | ||||||
19 | pile
in which the total volume of waste is greater than 100 | ||||||
20 | cubic yards or the
waste is stored for over one year, or | ||||||
21 | (iv) a land treatment facility
receiving special waste | ||||||
22 | generated at the site; without giving notice of the
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23 | operation to the Agency by January 1, 1989, or 30 days | ||||||
24 | after the date on
which the operation commences, whichever | ||||||
25 | is later, and every 3 years
thereafter. The form for such | ||||||
26 | notification shall be specified by the
Agency, and shall be | ||||||
27 | limited to information regarding: the name and address
of | ||||||
28 | the location of the operation; the type of operation; the | ||||||
29 | types and
amounts of waste stored, treated or disposed of | ||||||
30 | on an annual basis; the
remaining capacity of the | ||||||
31 | operation; and the remaining expected life of
the | ||||||
32 | operation.
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33 | Item (3) of this subsection (d) shall not apply to any | ||||||
34 | person
engaged in agricultural activity who is disposing of a |
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1 | substance that
constitutes solid waste, if the substance was | ||||||
2 | acquired for use by that
person on his own property, and the | ||||||
3 | substance is disposed of on his own
property in accordance with | ||||||
4 | regulations or standards adopted by the Board.
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5 | This subsection (d) shall not apply to hazardous waste.
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6 | (e) Dispose, treat, store or abandon any waste, or | ||||||
7 | transport any waste
into this State for disposal, treatment, | ||||||
8 | storage or abandonment, except at
a site or facility which | ||||||
9 | meets the requirements of this Act and of
regulations and | ||||||
10 | standards thereunder.
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11 | (f) Conduct any hazardous waste-storage, hazardous | ||||||
12 | waste-treatment or
hazardous waste-disposal operation:
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13 | (1) without a RCRA permit for the site issued by the | ||||||
14 | Agency under
subsection (d) of Section 39 of this Act, or | ||||||
15 | in violation of any condition
imposed by such permit, | ||||||
16 | including periodic reports and full access to
adequate | ||||||
17 | records and the inspection of facilities, as may be | ||||||
18 | necessary to
assure compliance with this Act and with | ||||||
19 | regulations and standards adopted
thereunder; or
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20 | (2) in violation of any regulations or standards | ||||||
21 | adopted by the Board
under this Act; or
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22 | (3) in violation of any RCRA permit filing requirement | ||||||
23 | established under
standards adopted by the Board under this | ||||||
24 | Act; or
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25 | (4) in violation of any order adopted by the Board | ||||||
26 | under this Act.
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27 | Notwithstanding the above, no RCRA permit shall be required | ||||||
28 | under this
subsection or subsection (d) of Section 39 of this | ||||||
29 | Act for any
person engaged in agricultural activity who is | ||||||
30 | disposing of a substance
which has been identified as a | ||||||
31 | hazardous waste, and which has been
designated by Board | ||||||
32 | regulations as being subject to this exception, if the
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33 | substance was acquired for use by that person on his own | ||||||
34 | property and the
substance is disposed of on his own property |
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1 | in accordance with regulations
or standards adopted by the | ||||||
2 | Board.
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3 | (g) Conduct any hazardous waste-transportation operation:
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4 | (1) without registering with and obtaining a permit | ||||||
5 | from the Agency in
accordance with the Uniform Program | ||||||
6 | implemented under subsection (l-5) of
Section 22.2; or
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7 | (2) in violation of any regulations or standards | ||||||
8 | adopted by
the
Board under this Act.
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9 | (h) Conduct any hazardous waste-recycling or hazardous | ||||||
10 | waste-reclamation
or hazardous waste-reuse operation in | ||||||
11 | violation of any regulations, standards
or permit requirements | ||||||
12 | adopted by the Board under this Act.
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13 | (i) Conduct any process or engage in any act which produces | ||||||
14 | hazardous
waste in violation of any regulations or standards | ||||||
15 | adopted by the Board
under subsections (a) and (c) of Section | ||||||
16 | 22.4 of this Act.
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17 | (j) Conduct any special waste transportation operation in | ||||||
18 | violation
of any regulations, standards or permit requirements | ||||||
19 | adopted by the Board
under this Act. However, sludge from a | ||||||
20 | water or sewage treatment plant
owned and operated by a unit of | ||||||
21 | local government which (1) is subject to a
sludge management | ||||||
22 | plan approved by the Agency or a permit granted by the
Agency, | ||||||
23 | and (2) has been tested and determined not to be a hazardous | ||||||
24 | waste
as required by applicable State and federal laws and | ||||||
25 | regulations, may be
transported in this State without a special | ||||||
26 | waste hauling permit, and the
preparation and carrying of a | ||||||
27 | manifest shall not be required for such
sludge under the rules | ||||||
28 | of the Pollution Control Board. The unit of local
government | ||||||
29 | which operates the treatment plant producing such sludge shall
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30 | file a semiannual report with the Agency identifying the volume | ||||||
31 | of such
sludge transported during the reporting period, the | ||||||
32 | hauler of the sludge,
and the disposal sites to which it was | ||||||
33 | transported. This subsection (j)
shall not apply to hazardous | ||||||
34 | waste.
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1 | (k) Fail or refuse to pay any fee imposed under this Act.
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2 | (l) Locate a hazardous waste disposal site above an active | ||||||
3 | or
inactive shaft or tunneled mine or within 2 miles of an | ||||||
4 | active fault in
the earth's crust. In counties of population | ||||||
5 | less than 225,000 no
hazardous waste disposal site shall be | ||||||
6 | located (1) within 1 1/2 miles of
the corporate limits as | ||||||
7 | defined on June 30, 1978, of any municipality
without the | ||||||
8 | approval of the governing body of the municipality in an
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9 | official action; or (2) within 1000 feet of an existing private | ||||||
10 | well or
the existing source of a public water supply measured | ||||||
11 | from the boundary
of the actual active permitted site and | ||||||
12 | excluding existing private wells
on the property of the permit | ||||||
13 | applicant. The provisions of this
subsection do not apply to | ||||||
14 | publicly-owned sewage works or the disposal
or utilization of | ||||||
15 | sludge from publicly-owned sewage works.
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16 | (m) Transfer interest in any land which has been used as a
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17 | hazardous waste disposal site without written notification to | ||||||
18 | the Agency
of the transfer and to the transferee of the | ||||||
19 | conditions imposed by the Agency
upon its use under subsection | ||||||
20 | (g) of Section 39.
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21 | (n) Use any land which has been used as a hazardous waste
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22 | disposal site except in compliance with conditions imposed by | ||||||
23 | the Agency
under subsection (g) of Section 39.
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24 | (o) Conduct a sanitary landfill operation which is required | ||||||
25 | to have a
permit under subsection (d) of this Section, in a | ||||||
26 | manner which results in
any of the following conditions:
| ||||||
27 | (1) refuse in standing or flowing waters;
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28 | (2) leachate flows entering waters of the State;
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29 | (3) leachate flows exiting the landfill confines (as | ||||||
30 | determined by the
boundaries established for the landfill | ||||||
31 | by a permit issued by the Agency);
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32 | (4) open burning of refuse in violation of Section 9 of | ||||||
33 | this Act;
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34 | (5) uncovered refuse remaining from any previous |
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1 | operating day or at the
conclusion of any operating day, | ||||||
2 | unless authorized by permit;
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3 | (6) failure to provide final cover within time limits | ||||||
4 | established by
Board regulations;
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5 | (7) acceptance of wastes without necessary permits;
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6 | (8) scavenging as defined by Board regulations;
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7 | (9) deposition of refuse in any unpermitted portion of | ||||||
8 | the landfill;
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9 | (10) acceptance of a special waste without a required | ||||||
10 | manifest;
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11 | (11) failure to submit reports required by permits or | ||||||
12 | Board regulations;
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13 | (12) failure to collect and contain litter from the | ||||||
14 | site by the end of
each operating day;
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15 | (13) failure to submit any cost estimate for the site | ||||||
16 | or any performance
bond or other security for the site as | ||||||
17 | required by this Act or Board rules.
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18 | The prohibitions specified in this subsection (o) shall be | ||||||
19 | enforceable by
the Agency either by administrative citation | ||||||
20 | under Section 31.1 of this Act
or as otherwise provided by this | ||||||
21 | Act. The specific prohibitions in this
subsection do not limit | ||||||
22 | the power of the Board to establish regulations
or standards | ||||||
23 | applicable to sanitary landfills.
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24 | (p) In violation of subdivision (a) of this Section, cause | ||||||
25 | or allow the
open dumping of any waste in a manner which | ||||||
26 | results in any of the following
occurrences at the dump site:
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27 | (1) litter;
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28 | (2) scavenging;
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29 | (3) open burning;
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30 | (4) deposition of waste in standing or flowing waters;
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31 | (5) proliferation of disease vectors;
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32 | (6) standing or flowing liquid discharge from the dump | ||||||
33 | site;
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34 | (7) deposition of:
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1 | (i) general construction or demolition debris as | ||||||
2 | defined in Section
3.160(a) of this Act; or
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3 | (ii) clean construction or demolition debris as | ||||||
4 | defined in Section
3.160(b) of this Act.
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5 | The prohibitions specified in this subsection (p) shall be
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6 | enforceable by the Agency either by administrative citation | ||||||
7 | under Section
31.1 of this Act or as otherwise provided by this | ||||||
8 | Act. The specific
prohibitions in this subsection do not limit | ||||||
9 | the power of the Board to
establish regulations or standards | ||||||
10 | applicable to open dumping.
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11 | (q) Conduct a landscape waste composting operation without | ||||||
12 | an Agency
permit, provided, however, that no permit shall be | ||||||
13 | required for any person:
| ||||||
14 | (1) conducting a landscape waste composting operation | ||||||
15 | for landscape
wastes generated by such person's own | ||||||
16 | activities which are stored, treated
or disposed of within | ||||||
17 | the site where such wastes are generated; or
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18 | (2) applying landscape waste or composted landscape | ||||||
19 | waste at agronomic
rates; or
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20 | (3) operating a landscape waste composting facility on | ||||||
21 | a farm, if the
facility meets all of the following | ||||||
22 | criteria:
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23 | (A) the composting facility is operated by the | ||||||
24 | farmer on property on
which the composting material is | ||||||
25 | utilized, and the composting facility
constitutes no | ||||||
26 | more than 2% of the property's total acreage, except | ||||||
27 | that
the Agency may allow a higher percentage for | ||||||
28 | individual sites where the owner
or operator has | ||||||
29 | demonstrated to the Agency that the site's soil
| ||||||
30 | characteristics or crop needs require a higher rate;
| ||||||
31 | (B) the property on which the composting facility | ||||||
32 | is located, and any
associated property on which the | ||||||
33 | compost is used, is principally and
diligently devoted | ||||||
34 | to the production of agricultural crops and
is not |
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1 | owned, leased or otherwise controlled by any waste | ||||||
2 | hauler
or generator of nonagricultural compost | ||||||
3 | materials, and the operator of the
composting facility | ||||||
4 | is not an employee, partner, shareholder, or in any way
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5 | connected with or controlled by any such waste hauler | ||||||
6 | or generator;
| ||||||
7 | (C) all compost generated by the composting | ||||||
8 | facility is applied at
agronomic rates and used as | ||||||
9 | mulch, fertilizer or soil conditioner on land
actually | ||||||
10 | farmed by the person operating the composting | ||||||
11 | facility, and the
finished compost is not stored at the | ||||||
12 | composting site for a period longer
than 18 months | ||||||
13 | prior to its application as mulch, fertilizer, or soil | ||||||
14 | conditioner;
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15 | (D) the owner or operator, by January 1, 1990 (or | ||||||
16 | the January 1
following commencement of operation, | ||||||
17 | whichever is later) and January 1 of
each year | ||||||
18 | thereafter, (i) registers the site with the Agency, | ||||||
19 | (ii) reports
to the Agency on the volume of composting | ||||||
20 | material received and used at the
site, (iii) certifies | ||||||
21 | to the Agency that the site complies with the
| ||||||
22 | requirements set forth in subparagraphs (A), (B) and | ||||||
23 | (C) of this paragraph
(q)(3), and (iv) certifies to the | ||||||
24 | Agency that all composting material was
placed more | ||||||
25 | than 200 feet from the nearest potable water supply | ||||||
26 | well, was
placed outside the boundary of the 10-year | ||||||
27 | floodplain or on a part of the
site that is | ||||||
28 | floodproofed, was placed at least 1/4 mile from the | ||||||
29 | nearest
residence (other than a residence located on | ||||||
30 | the same property as the
facility) and there are not | ||||||
31 | more than 10 occupied non-farm residences
within 1/2 | ||||||
32 | mile of the boundaries of the site on the date of | ||||||
33 | application,
and was placed more than 5 feet above the | ||||||
34 | water table.
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1 | For the purposes of this subsection (q), "agronomic rates" | ||||||
2 | means the
application of not more than 20 tons per acre per | ||||||
3 | year, except that the
Agency may allow a higher rate for | ||||||
4 | individual sites where the owner or
operator has demonstrated | ||||||
5 | to the Agency that the site's soil
characteristics or crop | ||||||
6 | needs require a higher rate.
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7 | (r) Cause or allow the storage or disposal of coal | ||||||
8 | combustion
waste unless:
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9 | (1) such waste is stored or disposed of at a site or
| ||||||
10 | facility for which
a permit has been obtained or is not | ||||||
11 | otherwise required under subsection
(d) of this Section; or
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12 | (2) such waste is stored or disposed of as a part of
| ||||||
13 | the design and
reclamation of a site or facility which is | ||||||
14 | an abandoned mine site in
accordance with the Abandoned | ||||||
15 | Mined Lands and Water Reclamation Act; or
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16 | (3) such waste is stored or disposed of at a site or
| ||||||
17 | facility which is
operating under NPDES and Subtitle D | ||||||
18 | permits issued by the Agency pursuant
to regulations | ||||||
19 | adopted by the Board for mine-related water pollution and
| ||||||
20 | permits issued pursuant to the Federal Surface Mining | ||||||
21 | Control and
Reclamation Act of 1977 (P.L. 95-87) or the | ||||||
22 | rules and regulations
thereunder or any law or rule or | ||||||
23 | regulation adopted by the State of
Illinois pursuant | ||||||
24 | thereto, and the owner or operator of the facility agrees
| ||||||
25 | to accept the waste; and either
| ||||||
26 | (i) such waste is stored or disposed of in | ||||||
27 | accordance
with requirements
applicable to refuse | ||||||
28 | disposal under regulations adopted by the Board for
| ||||||
29 | mine-related water pollution and pursuant to NPDES and | ||||||
30 | Subtitle D permits
issued by the Agency under such | ||||||
31 | regulations; or
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32 | (ii) the owner or operator of the facility | ||||||
33 | demonstrates all of the
following to the Agency, and | ||||||
34 | the facility is operated in accordance with
the |
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| |||||||
1 | demonstration as approved by the Agency: (1) the | ||||||
2 | disposal area will be
covered in a manner that will | ||||||
3 | support continuous vegetation, (2) the
facility will | ||||||
4 | be adequately protected from wind and water erosion, | ||||||
5 | (3) the
pH will be maintained so as to prevent | ||||||
6 | excessive leaching of metal ions,
and (4) adequate | ||||||
7 | containment or other measures will be provided to | ||||||
8 | protect
surface water and groundwater from | ||||||
9 | contamination at levels prohibited by
this Act, the | ||||||
10 | Illinois Groundwater Protection Act, or regulations | ||||||
11 | adopted
pursuant thereto.
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12 | Notwithstanding any other provision of this Title, the | ||||||
13 | disposal of coal
combustion waste pursuant to item (2) or (3) | ||||||
14 | of this
subdivision (r) shall
be exempt from the other | ||||||
15 | provisions of this Title V, and notwithstanding
the provisions | ||||||
16 | of Title X of this Act, the Agency is authorized to grant
| ||||||
17 | experimental permits which include provision for the disposal | ||||||
18 | of
wastes from the combustion of coal and other materials | ||||||
19 | pursuant to items
(2) and (3) of this subdivision (r).
| ||||||
20 | (s) After April 1, 1989, offer for transportation, | ||||||
21 | transport, deliver,
receive or accept special waste for which a | ||||||
22 | manifest is required, unless
the manifest indicates that the | ||||||
23 | fee required under Section 22.8 of this
Act has been paid.
| ||||||
24 | (t) Cause or allow a lateral expansion of a municipal solid | ||||||
25 | waste landfill
unit on or after October 9, 1993, without a | ||||||
26 | permit modification, granted by the
Agency, that authorizes the | ||||||
27 | lateral expansion.
| ||||||
28 | (u) Conduct any vegetable by-product treatment, storage, | ||||||
29 | disposal or
transportation operation in violation of any | ||||||
30 | regulation, standards or permit
requirements adopted by the | ||||||
31 | Board under this Act. However, no permit shall be
required | ||||||
32 | under this Title V for the land application of vegetable | ||||||
33 | by-products
conducted pursuant to Agency permit issued under | ||||||
34 | Title III of this Act to
the generator of the vegetable |
| |||||||
| |||||||
1 | by-products. In addition, vegetable by-products
may be | ||||||
2 | transported in this State without a special waste hauling | ||||||
3 | permit, and
without the preparation and carrying of a manifest.
| ||||||
4 | (v) (Blank).
| ||||||
5 | (w) Conduct any generation, transportation, or recycling | ||||||
6 | of construction or
demolition debris, clean or general, or | ||||||
7 | uncontaminated soil generated during
construction, remodeling, | ||||||
8 | repair, and demolition of utilities, structures, and
roads that | ||||||
9 | is not commingled with any waste, without the maintenance of
| ||||||
10 | documentation identifying the hauler, generator, place of | ||||||
11 | origin of the debris
or soil, the weight or volume of the | ||||||
12 | debris or soil, and the location, owner,
and operator of the | ||||||
13 | facility where the debris or soil was transferred,
disposed, | ||||||
14 | recycled, or treated. This documentation must be maintained by | ||||||
15 | the
generator, transporter, or recycler for 3 years.
This | ||||||
16 | subsection (w) shall not apply to (1) a permitted pollution | ||||||
17 | control
facility that transfers or accepts construction or | ||||||
18 | demolition debris,
clean or general, or uncontaminated soil for | ||||||
19 | final disposal, recycling, or
treatment, (2) a public utility | ||||||
20 | (as that term is defined in the Public
Utilities Act) or a | ||||||
21 | municipal utility, (3) the Illinois Department of
| ||||||
22 | Transportation, or (4) a municipality or a county highway | ||||||
23 | department, with
the exception of any municipality or county | ||||||
24 | highway department located within a
county having a population | ||||||
25 | of over 3,000,000 inhabitants or located in a county
that
is | ||||||
26 | contiguous to a county having a population of over 3,000,000 | ||||||
27 | inhabitants;
but it shall apply to an entity that contracts | ||||||
28 | with a public utility, a
municipal utility, the Illinois | ||||||
29 | Department of Transportation, or a
municipality or a county | ||||||
30 | highway department.
The terms
"generation" and "recycling" as
| ||||||
31 | used in this subsection do not
apply to clean construction or | ||||||
32 | demolition debris
when (i) used as fill material below grade | ||||||
33 | outside of a setback zone
if covered by sufficient | ||||||
34 | uncontaminated soil to support vegetation within 30
days of the |
| |||||||
| |||||||
1 | completion of filling or if covered by a road or structure, | ||||||
2 | (ii)
solely broken concrete without
protruding metal bars is | ||||||
3 | used for erosion control, or (iii) milled
asphalt or crushed | ||||||
4 | concrete is used as aggregate in construction of the
shoulder | ||||||
5 | of a roadway. The terms "generation" and "recycling", as used | ||||||
6 | in this
subsection, do not apply to uncontaminated soil
that is | ||||||
7 | not commingled with any waste when (i) used as fill material | ||||||
8 | below
grade or contoured to grade, or (ii) used at the site of | ||||||
9 | generation. The terms "generation" and "recycling", as used in | ||||||
10 | this
subsection, do not apply to broken concrete with | ||||||
11 | protruding metal bars that do not protrude more than 2 feet if | ||||||
12 | covered with sufficient soil materials to sustain vegetation or | ||||||
13 | if covered by a road or structure.
| ||||||
14 | (Source: P.A. 92-574, eff. 6-26-02; 93-179, eff. 7-11-03.)".
|