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Sen. James A. DeLeo
Filed: 5/24/2005
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09400SB1031sam001 |
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LRB094 04703 RSP 47031 a |
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| AMENDMENT TO SENATE BILL 1031
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| AMENDMENT NO. ______. Amend Senate Bill 1031 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 22.14 as follows:
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| (415 ILCS 5/22.14) (from Ch. 111 1/2, par. 1022.14)
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| Sec. 22.14. (a) No person may establish any pollution |
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| control
facility for use as a garbage transfer station, which |
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| is located less than
1000 feet from the nearest property zoned |
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| for primarily residential uses
or within 1000 feet of any |
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| dwelling, except in counties of at least
3,000,000 inhabitants. |
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| In counties of at least 3,000,000 inhabitants, no
person may |
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| establish any pollution control facility for use as a
garbage |
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| transfer station which is located less than 1000 feet from the
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| nearest property zoned for primarily residential uses, |
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| provided,
however, a station which is located in an industrial |
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| area of 10 or more
contiguous acres may be located within 1000 |
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| feet but no closer than 800
feet from the nearest property |
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| zoned for primarily residential uses.
However, in a county with |
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| over 300,000 and less than 350,000 inhabitants,
a station used |
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| for the transfer or separation of waste for recycling or
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| disposal in a sanitary landfill that is located in an |
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| industrial area of 10
or more acres may be located within 1000 |
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| feet but no closer than 800 feet
from the nearest property |
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09400SB1031sam001 |
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LRB094 04703 RSP 47031 a |
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| zoned for primarily residential uses.
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| (b) This Section does not prohibit (i) any such facility |
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| which is in
existence on January 1, 1988, nor (ii) any facility |
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| in existence on January 1,
1988, as expanded before January 1, |
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| 1990, to include processing and
transferring of municipal |
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| wastes for both recycling and disposal purposes, nor
(iii) any |
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| such facility which becomes nonconforming due to a change in |
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| zoning
or the establishment of a dwelling which occurs after |
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| the establishment of the
facility, nor (iv) any facility |
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| established by a municipality with a population
in excess of |
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| 1,000,000, nor (v) any transfer facility operating on January |
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| 1,
1988. No facility described in item (ii) shall, after July |
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| 14, 1995, accept landscape waste
and other municipal waste in |
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| the same vehicle load. However, the use of an
existing |
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| pollution control facility as a garbage transfer station shall |
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| be
deemed to be the establishment of a new facility, and shall |
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| be subject to
subsection (a), if such facility had not been |
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| used as a garbage transfer
station within one year prior to |
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| January 1, 1988. |
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| (c) On and after the effective date of this amendatory Act |
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| of the 94th General Assembly no person or unit of local |
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| government may establish any waste transfer station in an area |
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| zoned commercial or industrial within 1,000 feet of a consumer |
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| food manufacturing or processing facility.
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| (Source: P.A. 88-681, eff. 12-22-94; 89-143, eff. 7-14-95; |
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| 89-336,
eff. 8-17-95; 89-626, eff. 8-9-96.)".
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