093_SB0268enr
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1 AN ACT in relation to environmental matters.
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 Sections 3.160 and 21 as follows:
6 (415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
7 Sec. 3.160. Construction or demolition debris.
8 (a) "General construction or demolition debris" means
9 non-hazardous, uncontaminated materials resulting from the
10 construction, remodeling, repair, and demolition of
11 utilities, structures, and roads, limited to the following:
12 bricks, concrete, and other masonry materials; soil; rock;
13 wood, including non-hazardous painted, treated, and coated
14 wood and wood products; wall coverings; plaster; drywall;
15 plumbing fixtures; non-asbestos insulation; roofing shingles
16 and other roof coverings; reclaimed asphalt pavement; glass;
17 plastics that are not sealed in a manner that conceals waste;
18 electrical wiring and components containing no hazardous
19 substances; and piping or metals incidental to any of those
20 materials.
21 General construction or demolition debris does not
22 include uncontaminated soil generated during construction,
23 remodeling, repair, and demolition of utilities, structures,
24 and roads provided the uncontaminated soil is not commingled
25 with any general construction or demolition debris or other
26 waste.
27 (b) "Clean construction or demolition debris" means
28 uncontaminated broken concrete without protruding metal bars,
29 bricks, rock, stone, reclaimed asphalt pavement, or soil
30 generated from construction or demolition activities.
31 Clean construction or demolition debris does not include
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1 uncontaminated soil generated during construction,
2 remodeling, repair, and demolition of utilities, structures,
3 and roads provided the uncontaminated soil is not commingled
4 with any clean construction or demolition debris or other
5 waste.
6 To the extent allowed by federal law, clean construction
7 or demolition debris shall not be considered "waste" if it is
8 (i) used as fill material below grade outside of a setback
9 zone if the fill is placed no higher than the highest point
10 of elevation existing prior to the filling immediately
11 adjacent to the fill area, and if covered by sufficient
12 uncontaminated soil to support vegetation within 30 days of
13 the completion of filling or if covered by a road or
14 structure, or (ii) separated or processed and returned to the
15 economic mainstream in the form of raw materials or products,
16 if it is not speculatively accumulated and, if used as a fill
17 material, it is used in accordance with item (i) within 30
18 days of its generation, or (iii) solely broken concrete
19 without protruding metal bars used for erosion control, or
20 (iv) generated from the construction or demolition of a
21 building, road, or other structure and used to construct, on
22 the site where the construction or demolition has taken
23 place, a an above-grade area shaped so as to blend into an
24 extension of the surrounding topography or an above-grade
25 manmade functional structure not to exceed 20 feet above the
26 highest point of elevation of the property immediately
27 adjacent to the new manmade functional structure as that
28 elevation existed prior to the creation of that new structure
29 in height, provided that the area or structure shall be
30 covered with sufficient soil materials to sustain vegetation
31 or by a road or structure, and further provided that no such
32 area or structure shall be constructed within a home rule
33 municipality with a population over 500,000 without the
34 consent of the municipality.
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1 (Source: P.A. 91-909, eff. 7-7-00; 92-574, eff. 6-26-02.)
2 (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
3 Sec. 21. Prohibited acts. No person shall:
4 (a) Cause or allow the open dumping of any waste.
5 (b) Abandon, dump, or deposit any waste upon the public
6 highways or other public property, except in a sanitary
7 landfill approved by the Agency pursuant to regulations
8 adopted by the Board.
9 (c) Abandon any vehicle in violation of the "Abandoned
10 Vehicles Amendment to the Illinois Vehicle Code", as enacted
11 by the 76th General Assembly.
12 (d) Conduct any waste-storage, waste-treatment, or
13 waste-disposal operation:
14 (1) without a permit granted by the Agency or in
15 violation of any conditions 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; provided,
20 however, that, except for municipal solid waste landfill
21 units that receive waste on or after October 9, 1993, no
22 permit shall be required for (i) any person conducting a
23 waste-storage, waste-treatment, or waste-disposal
24 operation for wastes generated by such person's own
25 activities which are stored, treated, or disposed within
26 the site where such wastes are generated, or (ii) a
27 facility located in a county with a population over
28 700,000, operated and located in accordance with Section
29 22.38 of this Act, and used exclusively for the transfer,
30 storage, or treatment of general construction or
31 demolition debris;
32 (2) in violation of any regulations or standards
33 adopted by the Board under this Act; or
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1 (3) which receives waste after August 31, 1988,
2 does not have a permit issued by the Agency, and is (i) a
3 landfill used exclusively for the disposal of waste
4 generated at the site, (ii) a surface impoundment
5 receiving special waste not listed in an NPDES permit,
6 (iii) a waste pile in which the total volume of waste is
7 greater than 100 cubic yards or the waste is stored for
8 over one year, or (iv) a land treatment facility
9 receiving special waste generated at the site; without
10 giving notice of the operation to the Agency by January
11 1, 1989, or 30 days after the date on which the operation
12 commences, whichever is later, and every 3 years
13 thereafter. The form for such notification shall be
14 specified by the Agency, and shall be limited to
15 information regarding: the name and address of the
16 location of the operation; the type of operation; the
17 types and amounts of waste stored, treated or disposed of
18 on an annual basis; the remaining capacity of the
19 operation; and the remaining expected life of the
20 operation.
21 Item (3) of this subsection (d) shall not apply to any
22 person engaged in agricultural activity who is disposing of a
23 substance that constitutes solid waste, if the substance was
24 acquired for use by that person on his own property, and the
25 substance is disposed of on his own property in accordance
26 with regulations or standards adopted by the Board.
27 This subsection (d) shall not apply to hazardous waste.
28 (e) Dispose, treat, store or abandon any waste, or
29 transport any waste into this State for disposal, treatment,
30 storage or abandonment, except at a site or facility which
31 meets the requirements of this Act and of regulations and
32 standards thereunder.
33 (f) Conduct any hazardous waste-storage, hazardous
34 waste-treatment or hazardous waste-disposal operation:
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1 (1) without a RCRA permit for the site issued by
2 the Agency under subsection (d) of Section 39 of this
3 Act, or in violation of any condition imposed by such
4 permit, including periodic reports and full access to
5 adequate records and the inspection of facilities, as may
6 be necessary to assure compliance with this Act and with
7 regulations and standards adopted thereunder; or
8 (2) in violation of any regulations or standards
9 adopted by the Board under this Act; or
10 (3) in violation of any RCRA permit filing
11 requirement established under standards adopted by the
12 Board under this Act; or
13 (4) in violation of any order adopted by the Board
14 under this Act.
15 Notwithstanding the above, no RCRA permit shall be
16 required under this subsection or subsection (d) of Section
17 39 of this Act for any person engaged in agricultural
18 activity who is disposing of a substance which has been
19 identified as a hazardous waste, and which has been
20 designated by Board regulations as being subject to this
21 exception, if the substance was acquired for use by that
22 person on his own property and the substance is disposed of
23 on his own property in accordance with regulations or
24 standards adopted by the Board.
25 (g) Conduct any hazardous waste-transportation
26 operation:
27 (1) without registering with and obtaining a permit
28 from the Agency in accordance with the Uniform Program
29 implemented under subsection (l-5) of Section 22.2; or
30 (2) in violation of any regulations or standards
31 adopted by the Board under this Act.
32 (h) Conduct any hazardous waste-recycling or hazardous
33 waste-reclamation or hazardous waste-reuse operation in
34 violation of any regulations, standards or permit
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1 requirements adopted by the Board under this Act.
2 (i) Conduct any process or engage in any act which
3 produces hazardous waste in violation of any regulations or
4 standards adopted by the Board under subsections (a) and (c)
5 of Section 22.4 of this Act.
6 (j) Conduct any special waste transportation operation
7 in violation of any regulations, standards or permit
8 requirements adopted by the Board under this Act. However,
9 sludge from a water or sewage treatment plant owned and
10 operated by a unit of local government which (1) is subject
11 to a sludge management plan approved by the Agency or a
12 permit granted by the Agency, and (2) has been tested and
13 determined not to be a hazardous waste as required by
14 applicable State and federal laws and regulations, may be
15 transported in this State without a special waste hauling
16 permit, and the preparation and carrying of a manifest shall
17 not be required for such sludge under the rules of the
18 Pollution Control Board. The unit of local government which
19 operates the treatment plant producing such sludge shall file
20 a semiannual report with the Agency identifying the volume of
21 such sludge transported during the reporting period, the
22 hauler of the sludge, and the disposal sites to which it was
23 transported. This subsection (j) shall not apply to hazardous
24 waste.
25 (k) Fail or refuse to pay any fee imposed under this
26 Act.
27 (l) Locate a hazardous waste disposal site above an
28 active or inactive shaft or tunneled mine or within 2 miles
29 of an active fault in the earth's crust. In counties of
30 population less than 225,000 no hazardous waste disposal site
31 shall be located (1) within 1 1/2 miles of the corporate
32 limits as defined on June 30, 1978, of any municipality
33 without the approval of the governing body of the
34 municipality in an official action; or (2) within 1000 feet
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1 of an existing private well or the existing source of a
2 public water supply measured from the boundary of the actual
3 active permitted site and excluding existing private wells on
4 the property of the permit applicant. The provisions of this
5 subsection do not apply to publicly-owned sewage works or the
6 disposal or utilization of sludge from publicly-owned sewage
7 works.
8 (m) Transfer interest in any land which has been used as
9 a hazardous waste disposal site without written notification
10 to the Agency of the transfer and to the transferee of the
11 conditions imposed by the Agency upon its use under
12 subsection (g) of Section 39.
13 (n) Use any land which has been used as a hazardous
14 waste disposal site except in compliance with conditions
15 imposed by the Agency under subsection (g) of Section 39.
16 (o) Conduct a sanitary landfill operation which is
17 required to have a permit under subsection (d) of this
18 Section, in a manner which results in any of the following
19 conditions:
20 (1) refuse in standing or flowing waters;
21 (2) leachate flows entering waters of the State;
22 (3) leachate flows exiting the landfill confines
23 (as determined by the boundaries established for the
24 landfill by a permit issued by the Agency);
25 (4) open burning of refuse in violation of Section
26 9 of this Act;
27 (5) uncovered refuse remaining from any previous
28 operating day or at the conclusion of any operating day,
29 unless authorized by permit;
30 (6) failure to provide final cover within time
31 limits established by Board regulations;
32 (7) acceptance of wastes without necessary permits;
33 (8) scavenging as defined by Board regulations;
34 (9) deposition of refuse in any unpermitted portion
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1 of the landfill;
2 (10) acceptance of a special waste without a
3 required manifest;
4 (11) failure to submit reports required by permits
5 or Board regulations;
6 (12) failure to collect and contain litter from the
7 site by the end of each operating day;
8 (13) failure to submit any cost estimate for the
9 site or any performance bond or other security for the
10 site as required by this Act or Board rules.
11 The prohibitions specified in this subsection (o) shall
12 be enforceable by the Agency either by administrative
13 citation under Section 31.1 of this Act or as otherwise
14 provided by this Act. The specific prohibitions in this
15 subsection do not limit the power of the Board to establish
16 regulations or standards applicable to sanitary landfills.
17 (p) In violation of subdivision (a) of this Section,
18 cause or allow the open dumping of any waste in a manner
19 which results in any of the following occurrences at the dump
20 site:
21 (1) litter;
22 (2) scavenging;
23 (3) open burning;
24 (4) deposition of waste in standing or flowing
25 waters;
26 (5) proliferation of disease vectors;
27 (6) standing or flowing liquid discharge from the
28 dump site;
29 (7) deposition of:
30 (i) general construction or demolition debris
31 as defined in Section 3.160(a) of this Act; or
32 (ii) clean construction or demolition debris
33 as defined in Section 3.160(b) of this Act.
34 The prohibitions specified in this subsection (p) shall
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1 be enforceable by the Agency either by administrative
2 citation under Section 31.1 of this Act or as otherwise
3 provided by this Act. The specific prohibitions in this
4 subsection do not limit the power of the Board to establish
5 regulations or standards applicable to open dumping.
6 (q) Conduct a landscape waste composting operation
7 without an Agency permit, provided, however, that no permit
8 shall be required for any person:
9 (1) conducting a landscape waste composting
10 operation for landscape wastes generated by such person's
11 own activities which are stored, treated or disposed of
12 within the site where such wastes are generated; or
13 (2) applying landscape waste or composted landscape
14 waste at agronomic rates; or
15 (3) operating a landscape waste composting facility
16 on a farm, if the facility meets all of the following
17 criteria:
18 (A) the composting facility is operated by the
19 farmer on property on which the composting material
20 is utilized, and the composting facility constitutes
21 no more than 2% of the property's total acreage,
22 except that the Agency may allow a higher percentage
23 for individual sites where the owner or operator has
24 demonstrated to the Agency that the site's soil
25 characteristics or crop needs require a higher rate;
26 (B) the property on which the composting
27 facility is located, and any associated property on
28 which the compost is used, is principally and
29 diligently devoted to the production of agricultural
30 crops and is not owned, leased or otherwise
31 controlled by any waste hauler or generator of
32 nonagricultural compost materials, and the operator
33 of the composting facility is not an employee,
34 partner, shareholder, or in any way connected with
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1 or controlled by any such waste hauler or generator;
2 (C) all compost generated by the composting
3 facility is applied at agronomic rates and used as
4 mulch, fertilizer or soil conditioner on land
5 actually farmed by the person operating the
6 composting facility, and the finished compost is not
7 stored at the composting site for a period longer
8 than 18 months prior to its application as mulch,
9 fertilizer, or soil conditioner;
10 (D) the owner or operator, by January 1, 1990
11 (or the January 1 following commencement of
12 operation, whichever is later) and January 1 of each
13 year thereafter, (i) registers the site with the
14 Agency, (ii) reports to the Agency on the volume of
15 composting material received and used at the site,
16 (iii) certifies to the Agency that the site complies
17 with the requirements set forth in subparagraphs
18 (A), (B) and (C) of this paragraph (q)(3), and (iv)
19 certifies to the Agency that all composting material
20 was placed more than 200 feet from the nearest
21 potable water supply well, was placed outside the
22 boundary of the 10-year floodplain or on a part of
23 the site that is floodproofed, was placed at least
24 1/4 mile from the nearest residence (other than a
25 residence located on the same property as the
26 facility) and there are not more than 10 occupied
27 non-farm residences within 1/2 mile of the
28 boundaries of the site on the date of application,
29 and was placed more than 5 feet above the water
30 table.
31 For the purposes of this subsection (q), "agronomic
32 rates" means the application of not more than 20 tons per
33 acre per year, except that the Agency may allow a higher rate
34 for individual sites where the owner or operator has
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1 demonstrated to the Agency that the site's soil
2 characteristics or crop needs require a higher rate.
3 (r) Cause or allow the storage or disposal of coal
4 combustion waste unless:
5 (1) such waste is stored or disposed of at a site
6 or facility for which a permit has been obtained or is
7 not otherwise required under subsection (d) of this
8 Section; or
9 (2) such waste is stored or disposed of as a part
10 of the design and reclamation of a site or facility which
11 is an abandoned mine site in accordance with the
12 Abandoned Mined Lands and Water Reclamation Act; or
13 (3) such waste is stored or disposed of at a site
14 or facility which is operating under NPDES and Subtitle D
15 permits issued by the Agency pursuant to regulations
16 adopted by the Board for mine-related water pollution and
17 permits issued pursuant to the Federal Surface Mining
18 Control and Reclamation Act of 1977 (P.L. 95-87) or the
19 rules and regulations thereunder or any law or rule or
20 regulation adopted by the State of Illinois pursuant
21 thereto, and the owner or operator of the facility agrees
22 to accept the waste; and either
23 (i) such waste is stored or disposed of in
24 accordance with requirements applicable to refuse
25 disposal under regulations adopted by the Board for
26 mine-related water pollution and pursuant to NPDES
27 and Subtitle D permits issued by the Agency under
28 such regulations; or
29 (ii) the owner or operator of the facility
30 demonstrates all of the following to the Agency, and
31 the facility is operated in accordance with the
32 demonstration as approved by the Agency: (1) the
33 disposal area will be covered in a manner that will
34 support continuous vegetation, (2) the facility will
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1 be adequately protected from wind and water erosion,
2 (3) the pH will be maintained so as to prevent
3 excessive leaching of metal ions, and (4) adequate
4 containment or other measures will be provided to
5 protect surface water and groundwater from
6 contamination at levels prohibited by this Act, the
7 Illinois Groundwater Protection Act, or regulations
8 adopted pursuant thereto.
9 Notwithstanding any other provision of this Title, the
10 disposal of coal combustion waste pursuant to item (2) or (3)
11 of this subdivision (r) shall be exempt from the other
12 provisions of this Title V, and notwithstanding the
13 provisions of Title X of this Act, the Agency is authorized
14 to grant experimental permits which include provision for the
15 disposal of wastes from the combustion of coal and other
16 materials pursuant to items (2) and (3) of this subdivision
17 (r).
18 (s) After April 1, 1989, offer for transportation,
19 transport, deliver, receive or accept special waste for which
20 a manifest is required, unless the manifest indicates that
21 the fee required under Section 22.8 of this Act has been
22 paid.
23 (t) Cause or allow a lateral expansion of a municipal
24 solid waste landfill unit on or after October 9, 1993,
25 without a permit modification, granted by the Agency, that
26 authorizes the lateral expansion.
27 (u) Conduct any vegetable by-product treatment, storage,
28 disposal or transportation operation in violation of any
29 regulation, standards or permit requirements adopted by the
30 Board under this Act. However, no permit shall be required
31 under this Title V for the land application of vegetable
32 by-products conducted pursuant to Agency permit issued under
33 Title III of this Act to the generator of the vegetable
34 by-products. In addition, vegetable by-products may be
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1 transported in this State without a special waste hauling
2 permit, and without the preparation and carrying of a
3 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,
8 remodeling, repair, and demolition of utilities, structures,
9 and roads that is not commingled with any waste, without the
10 maintenance of documentation identifying the hauler,
11 generator, place of origin of the debris or soil, the weight
12 or volume of the debris or soil, and the location, owner, and
13 operator of the facility where the debris or soil was
14 transferred, disposed, recycled, or treated. This
15 documentation must be maintained by the generator,
16 transporter, or recycler for 3 years. This subsection (w)
17 shall not apply to (1) a permitted pollution control facility
18 that transfers or accepts construction or demolition debris,
19 clean or general, or uncontaminated soil for final disposal,
20 recycling, or treatment, (2) a public utility (as that term
21 is defined in the Public Utilities Act) or a municipal
22 utility, or (3) the Illinois Department of Transportation, or
23 (4) a municipality or a county highway department, with the
24 exception of any municipality or county highway department
25 located within a county having a population of over 3,000,000
26 inhabitants or located in a county that is contiguous to a
27 county having a population of over 3,000,000 inhabitants; but
28 it shall apply to an entity that contracts with a public
29 utility, a municipal utility, or the Illinois Department of
30 Transportation, or a municipality or a county highway
31 department. The terms "generation" and "recycling" as used in
32 this subsection do not apply to clean construction or
33 demolition debris when (i) used as fill material below grade
34 outside of a setback zone if covered by sufficient
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1 uncontaminated soil to support vegetation within 30 days of
2 the completion of filling or if covered by a road or
3 structure, (ii) solely broken concrete without protruding
4 metal bars is used for erosion control, or (iii) milled
5 asphalt or crushed concrete is used as aggregate in
6 construction of the shoulder of a roadway. The terms
7 "generation" and "recycling", as used in this subsection, do
8 not apply to uncontaminated soil that is not commingled with
9 any waste when (i) used as fill material below grade or
10 contoured to grade, or (ii) used at the site of generation.
11 (Source: P.A. 91-72, eff. 7-9-99; 92-574, eff. 6-26-02.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.