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Sen. Denny Jacobs
Filed: 3/17/2004
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LRB093 14719 BDD 48670 a |
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| AMENDMENT TO SENATE BILL 2145
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| AMENDMENT NO. ______. Amend Senate Bill 2145 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Environmental Protection Act is amended by |
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| changing Section 3.330 as follows:
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| (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
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| Sec. 3.330. Pollution control facility.
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| (a) "Pollution control facility" is any waste storage site, |
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| sanitary
landfill, waste disposal site, waste transfer |
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| station, waste treatment
facility, or waste incinerator. This |
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| includes sewers, sewage treatment
plants, and any other |
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| facilities owned or operated by sanitary districts
organized |
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| under the Metropolitan Water Reclamation District Act.
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| The following are not pollution control facilities:
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| (1) (Blank);
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| (2) waste storage sites regulated under 40 CFR, Part |
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| 761.42;
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| (3) sites or facilities used by any person conducting a |
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| waste storage,
waste treatment, waste disposal, waste |
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| transfer or waste incineration
operation, or a combination |
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| thereof, for wastes generated by such person's
own |
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| activities, when such wastes are stored, treated, disposed |
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| of,
transferred or incinerated within the site or facility |
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| owned, controlled or
operated by such person, or when such |
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LRB093 14719 BDD 48670 a |
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| wastes are transported within or
between sites or |
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| facilities owned, controlled or operated by such person;
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| (4) sites or facilities at which the State is |
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| performing removal or
remedial action pursuant to Section |
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| 22.2 or 55.3;
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| (5) abandoned quarries used solely for the disposal of |
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| concrete, earth
materials, gravel, or aggregate debris |
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| resulting from road construction
activities conducted by a |
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| unit of government or construction activities due
to the |
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| construction and installation of underground pipes, lines, |
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| conduit
or wires off of the premises of a public utility |
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| company which are
conducted by a public utility;
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| (6) sites or facilities used by any person to |
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| specifically conduct a
landscape composting operation;
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| (7) regional facilities as defined in the Central |
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| Midwest Interstate
Low-Level Radioactive Waste Compact;
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| (8) the portion of a site or facility where coal |
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| combustion wastes are
stored or disposed of in accordance |
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| with subdivision (r)(2) or (r)(3) of
Section 21;
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| (9) the portion of a site or facility used for the |
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| collection,
storage or processing of waste tires as defined |
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| in Title XIV;
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| (10) the portion of a site or facility used for |
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| treatment of
petroleum contaminated materials by |
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| application onto or incorporation into
the soil surface and |
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| any portion of that site or facility used for storage
of |
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| petroleum contaminated materials before treatment. Only |
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| those categories
of petroleum listed in Section
57.9(a)(3) |
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| are exempt under this subdivision (10);
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| (11) the portion of a site or facility where used oil |
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| is collected or
stored prior to shipment to a recycling or |
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| energy recovery facility, provided
that the used oil is |
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| generated by households or commercial establishments, and
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| the site or facility is a recycling center or a business |
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| where oil or gasoline
is sold at retail;
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| (12) the portion of a site or facility utilizing coal |
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| combustion waste
for stabilization and treatment of only |
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| waste generated on that site or
facility when used in |
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| connection with response actions pursuant to the federal
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| Comprehensive Environmental Response, Compensation, and |
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| Liability Act of 1980,
the federal Resource Conservation |
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| and Recovery Act of 1976, or the Illinois
Environmental |
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| Protection Act or as authorized by the Agency;
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| (13) the portion of a site or facility accepting |
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| exclusively general
construction or demolition debris, |
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| located in a county with a population over
700,000, and |
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| operated and located in accordance with Section 22.38 of |
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| this Act; and |
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| (14) the portion of a site or facility, located within |
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| a unit of local government that has enacted local zoning |
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| requirements, that: |
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| (A) accepts uncontaminated broken concrete with or |
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| without protruding metal bars for separation and |
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| processing; and |
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| (B) provided these materials are not speculatively |
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| accumulated, returns these materials to the economic |
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| mainstream in the form of raw materials or products.
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| (b) A new pollution control facility is:
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| (1) a pollution control facility initially permitted |
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| for development or
construction after July 1, 1981; or
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| (2) the area of expansion beyond the boundary of a |
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| currently permitted
pollution control facility; or
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| (3) a permitted pollution control facility requesting |
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| approval to
store, dispose of, transfer or incinerate, for |
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| the first time, any special
or hazardous waste.
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| (Source: P.A. 92-574, eff. 6-26-02.)
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| Section 99. Effective date. This Act takes effect upon |