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1 | AN ACT concerning waste gasification.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | ||||||
5 | adding Sections 2.5 and 3.327 and by changing Section 3.330 as | ||||||
6 | follows: | ||||||
7 | (415 ILCS 5/2.5 new) | ||||||
8 | Sec. 2.5. Additional legislative findings. The General | ||||||
9 | Assembly further finds that: | ||||||
10 | (1) The disposal of solid waste in the State is a | ||||||
11 | continuing land use problem. | ||||||
12 | (2) Plasma arc incineration or other like technologies may | ||||||
13 | provide an alternative to the use of landfills for the disposal | ||||||
14 | of solid waste. | ||||||
15 | (3) Plasma arc incineration or other like technologies may | ||||||
16 | produce a number of beneficial by-products including hard, | ||||||
17 | obsidian-like stone that can be used in paving projects, metals | ||||||
18 | that can be recovered for resale, and fuel-rich gases that can | ||||||
19 | be used to generate large quantities of heat and electricity. | ||||||
20 | (4) Plasma arc incineration or other like technologies, if | ||||||
21 | authorized in the State, could reduce the State's dependence on | ||||||
22 | fossil fuels and reduce the amount of solid waste disposed of | ||||||
23 | in landfills around the State. |
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1 | (415 ILCS 5/3.327 new) | ||||||
2 | Sec. 3.327. Plasma arc incinerator. "Plasma arc | ||||||
3 | incinerator" means any enclosed device that uses a high | ||||||
4 | intensity electrical discharge or arc as a source of heat | ||||||
5 | followed by an afterburner using controlled flame combustion | ||||||
6 | and which is not listed as an industrial furnace. | ||||||
7 | Notwithstanding any other rulemaking authority that may exist, | ||||||
8 | neither the Governor nor any agency or agency head under the | ||||||
9 | jurisdiction of the Governor has any authority to make or | ||||||
10 | promulgate rules to implement or enforce the provisions of this | ||||||
11 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
12 | Governor believes that rules are necessary to implement or | ||||||
13 | enforce the provisions of this amendatory Act of the 95th | ||||||
14 | General Assembly, the Governor may suggest rules to the General | ||||||
15 | Assembly by filing them with the Clerk of the House and the | ||||||
16 | Secretary of the Senate and by requesting that the General | ||||||
17 | Assembly authorize such rulemaking by law, enact those | ||||||
18 | suggested rules into law, or take any other appropriate action | ||||||
19 | in the General Assembly's discretion. Nothing contained in this | ||||||
20 | amendatory Act of the 95th General Assembly shall be | ||||||
21 | interpreted to grant rulemaking authority under any other | ||||||
22 | Illinois statute where such authority is not otherwise | ||||||
23 | explicitly given. For the purposes of this paragraph, "rules" | ||||||
24 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
25 | Administrative Procedure Act, and "agency" and "agency head" |
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1 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
2 | the Illinois Administrative Procedure Act to the extent that | ||||||
3 | such definitions apply to agencies or agency heads under the | ||||||
4 | jurisdiction of the Governor.
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5 | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
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6 | Sec. 3.330. Pollution control facility.
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7 | (a) "Pollution control facility" is any waste storage site, | ||||||
8 | sanitary
landfill, waste disposal site, waste transfer | ||||||
9 | station, waste treatment
facility, or waste incinerator. This | ||||||
10 | includes sewers, sewage treatment
plants, and any other | ||||||
11 | facilities owned or operated by sanitary districts
organized | ||||||
12 | under the Metropolitan Water Reclamation District Act and also | ||||||
13 | includes plasma arc incinerators .
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14 | The following are not pollution control facilities:
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15 | (1) (blank);
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16 | (2) waste storage sites regulated under 40 CFR, Part | ||||||
17 | 761.42;
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18 | (3) sites or facilities used by any person conducting a | ||||||
19 | waste storage,
waste treatment, waste disposal, waste | ||||||
20 | transfer or waste incineration
operation, or a combination | ||||||
21 | thereof, for wastes generated by such person's
own | ||||||
22 | activities, when such wastes are stored, treated, disposed | ||||||
23 | of,
transferred or incinerated within the site or facility | ||||||
24 | owned, controlled or
operated by such person, or when such | ||||||
25 | wastes are transported within or
between sites or |
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1 | facilities owned, controlled or operated by such person;
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2 | (4) sites or facilities at which the State is | ||||||
3 | performing removal or
remedial action pursuant to Section | ||||||
4 | 22.2 or 55.3;
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5 | (5) abandoned quarries used solely for the disposal of | ||||||
6 | concrete, earth
materials, gravel, or aggregate debris | ||||||
7 | resulting from road construction
activities conducted by a | ||||||
8 | unit of government or construction activities due
to the | ||||||
9 | construction and installation of underground pipes, lines, | ||||||
10 | conduit
or wires off of the premises of a public utility | ||||||
11 | company which are
conducted by a public utility;
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12 | (6) sites or facilities used by any person to | ||||||
13 | specifically conduct a
landscape composting operation;
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14 | (7) regional facilities as defined in the Central | ||||||
15 | Midwest Interstate
Low-Level Radioactive Waste Compact;
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16 | (8) the portion of a site or facility where coal | ||||||
17 | combustion wastes are
stored or disposed of in accordance | ||||||
18 | with subdivision (r)(2) or (r)(3) of
Section 21;
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19 | (9) the portion of a site or facility used for the | ||||||
20 | collection,
storage or processing of waste tires as defined | ||||||
21 | in Title XIV;
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22 | (10) the portion of a site or facility used for | ||||||
23 | treatment of
petroleum contaminated materials by | ||||||
24 | application onto or incorporation into
the soil surface and | ||||||
25 | any portion of that site or facility used for storage
of | ||||||
26 | petroleum contaminated materials before treatment. Only |
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1 | those categories
of petroleum listed in Section
57.9(a)(3) | ||||||
2 | are exempt under this subdivision (10);
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3 | (11) the portion of a site or facility where used oil | ||||||
4 | is collected or
stored prior to shipment to a recycling or | ||||||
5 | energy recovery facility, provided
that the used oil is | ||||||
6 | generated by households or commercial establishments, and
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7 | the site or facility is a recycling center or a business | ||||||
8 | where oil or gasoline
is sold at retail; | ||||||
9 | (11.5) processing sites or facilities that receive | ||||||
10 | only on-specification used oil, as defined in 35 Ill. | ||||||
11 | Admin. Code 739, originating from used oil collectors for | ||||||
12 | processing that is managed under 35 Ill. Admin. Code 739 to | ||||||
13 | produce products for sale to off-site petroleum | ||||||
14 | facilities, if these processing sites or facilities are: | ||||||
15 | (i) located within a home rule unit of local government | ||||||
16 | with a population of at least 30,000 according to the 2000 | ||||||
17 | federal census, that home rule unit of local government has | ||||||
18 | been designated as an Urban Round II Empowerment Zone by | ||||||
19 | the United States Department of Housing and Urban | ||||||
20 | Development, and that home rule unit of local government | ||||||
21 | has enacted an ordinance approving the location of the site | ||||||
22 | or facility and provided funding for the site or facility; | ||||||
23 | and (ii) in compliance with all applicable zoning | ||||||
24 | requirements;
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25 | (12) the portion of a site or facility utilizing coal | ||||||
26 | combustion waste
for stabilization and treatment of only |
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1 | waste generated on that site or
facility when used in | ||||||
2 | connection with response actions pursuant to the federal
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3 | Comprehensive Environmental Response, Compensation, and | ||||||
4 | Liability Act of 1980,
the federal Resource Conservation | ||||||
5 | and Recovery Act of 1976, or the Illinois
Environmental | ||||||
6 | Protection Act or as authorized by the Agency;
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7 | (13) the portion of a site or facility accepting | ||||||
8 | exclusively general
construction or demolition debris, | ||||||
9 | located in a county with a population over
700,000 as of | ||||||
10 | January 1, 2000, and operated and located in accordance | ||||||
11 | with Section 22.38 of this Act; | ||||||
12 | (14) the portion of a site or facility, located within | ||||||
13 | a unit of local government that has enacted local zoning | ||||||
14 | requirements, used to accept, separate, and process | ||||||
15 | uncontaminated broken concrete, with or without protruding | ||||||
16 | metal bars, provided that the uncontaminated broken | ||||||
17 | concrete and metal bars are not speculatively accumulated, | ||||||
18 | are at the site or facility no longer than one year after | ||||||
19 | their acceptance, and are returned to the economic | ||||||
20 | mainstream in the form of raw materials or products;
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21 | (15) the portion of a site or facility located in a | ||||||
22 | county with a population over 3,000,000 that has obtained | ||||||
23 | local siting approval under Section 39.2 of this Act for a | ||||||
24 | municipal waste incinerator on or before July 1, 2005 and | ||||||
25 | that is used for a non-hazardous waste transfer station; | ||||||
26 | and
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1 | (16) a site or facility that temporarily holds in | ||||||
2 | transit for 10 days or less, non-petruscible solid waste in | ||||||
3 | original containers, no larger in capacity than 500 | ||||||
4 | gallons, provided that such waste is further transferred to | ||||||
5 | a recycling, disposal, treatment, or storage facility on a | ||||||
6 | non-contiguous site and provided such site or facility | ||||||
7 | complies with the applicable 10-day transfer requirements | ||||||
8 | of the federal Resource Conservation and Recovery Act of | ||||||
9 | 1976 and United States Department of Transportation | ||||||
10 | hazardous material requirements. For purposes of this | ||||||
11 | Section only, "non-petruscible solid waste" means waste | ||||||
12 | other than municipal garbage that does not rot or become | ||||||
13 | putrid, including, but not limited to, paints, solvent, | ||||||
14 | filters, and absorbents ; .
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15 | (17)
(16) the portion of a site or facility located in | ||||||
16 | a county with a population greater than 3,000,000 that has | ||||||
17 | obtained local siting approval, under Section 39.2 of this | ||||||
18 | Act, for a municipal waste incinerator on or before July 1, | ||||||
19 | 2005 and that is used for wood combustion facilities for | ||||||
20 | energy recovery that accept and burn only wood material, as | ||||||
21 | included in a fuel specification approved by the Agency ; | ||||||
22 | and .
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23 | (18)
(16) a transfer station used exclusively for | ||||||
24 | landscape waste, including a transfer station where | ||||||
25 | landscape waste is ground to reduce its volume, where the | ||||||
26 | landscape waste is held no longer than 24 hours from the |
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1 | time it was received.
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2 | (b) A new pollution control facility is:
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3 | (1) a pollution control facility initially permitted | ||||||
4 | for development or
construction after July 1, 1981; or
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5 | (2) the area of expansion beyond the boundary of a | ||||||
6 | currently permitted
pollution control facility; or
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7 | (3) a permitted pollution control facility requesting | ||||||
8 | approval to
store, dispose of, transfer or incinerate, for | ||||||
9 | the first time, any special
or hazardous waste.
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10 | (Source: P.A. 94-94, eff. 7-1-05; 94-249, eff. 7-19-05; 94-824, | ||||||
11 | eff. 6-2-06; 95-131, eff. 8-13-07; 95-331, eff. 8-21-07; | ||||||
12 | 95-408, eff. 8-24-07; 95-177, eff. 1-1-08; revised 11-15-07.)
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