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Rep. Brad E. Halbrook
Filed: 3/19/2013
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1 | | AMENDMENT TO HOUSE BILL 3319
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2 | | AMENDMENT NO. ______. Amend House Bill 3319 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Environmental Protection Act is amended by |
5 | | changing Section 21 as follows:
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6 | | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
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7 | | Sec. 21. Prohibited acts. No person shall:
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8 | | (a) Cause or allow the open dumping of any waste.
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9 | | (b) Abandon, dump, or deposit any waste upon the public |
10 | | highways or
other public property, except in a sanitary |
11 | | landfill approved by the
Agency pursuant to regulations adopted |
12 | | by the Board.
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13 | | (c) Abandon any vehicle in violation of the "Abandoned |
14 | | Vehicles
Amendment to the Illinois Vehicle Code", as enacted by |
15 | | the 76th General
Assembly.
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16 | | (d) Conduct any waste-storage, waste-treatment, or |
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1 | | waste-disposal
operation:
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2 | | (1) without a permit granted by the Agency or in |
3 | | violation of any
conditions imposed by such permit, |
4 | | including periodic reports and full
access to adequate |
5 | | records and the inspection of facilities, as may be
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6 | | necessary to assure compliance with this Act and with |
7 | | regulations and
standards adopted thereunder; provided, |
8 | | however, that, except for municipal
solid waste landfill |
9 | | units that receive waste on or after October 9, 1993,
no |
10 | | permit shall be
required for (i) any person conducting a |
11 | | waste-storage, waste-treatment, or
waste-disposal |
12 | | operation for wastes generated by such person's own
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13 | | activities which are stored, treated, or disposed within |
14 | | the site where
such wastes are generated, or (ii)
a |
15 | | facility located in a county with a
population over 700,000 |
16 | | as of January 1, 2000, operated and located in accordance |
17 | | with
Section 22.38 of this Act, and used exclusively for |
18 | | the transfer, storage, or
treatment of general |
19 | | construction or demolition debris, provided that the |
20 | | facility was receiving construction or demolition debris |
21 | | on the effective date of this amendatory Act of the 96th |
22 | | General Assembly;
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23 | | (2) in violation of any regulations or standards |
24 | | adopted by the
Board under this Act; or
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25 | | (3) which receives waste after August 31, 1988, does |
26 | | not have a permit
issued by the Agency, and is (i) a |
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1 | | landfill used exclusively for the
disposal of waste |
2 | | generated at the site, (ii) a surface impoundment
receiving |
3 | | special waste not listed in an NPDES permit, (iii) a waste |
4 | | pile
in which the total volume of waste is greater than 100 |
5 | | cubic yards or the
waste is stored for over one year, or |
6 | | (iv) a land treatment facility
receiving special waste |
7 | | generated at the site; without giving notice of the
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8 | | operation to the Agency by January 1, 1989, or 30 days |
9 | | after the date on
which the operation commences, whichever |
10 | | is later, and every 3 years
thereafter. The form for such |
11 | | notification shall be specified by the
Agency, and shall be |
12 | | limited to information regarding: the name and address
of |
13 | | the location of the operation; the type of operation; the |
14 | | types and
amounts of waste stored, treated or disposed of |
15 | | on an annual basis; the
remaining capacity of the |
16 | | operation; and the remaining expected life of
the |
17 | | operation.
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18 | | Item (3) of this subsection (d) shall not apply to any |
19 | | person
engaged in agricultural activity who is disposing of a |
20 | | substance that
constitutes solid waste, if the substance was |
21 | | acquired for use by that
person on his own property, and the |
22 | | substance is disposed of on his own
property in accordance with |
23 | | regulations or standards adopted by the Board.
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24 | | This subsection (d) shall not apply to hazardous waste.
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25 | | (e) Dispose, treat, store or abandon any waste, or |
26 | | transport any waste
into this State for disposal, treatment, |
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1 | | storage or abandonment, except at
a site or facility which |
2 | | meets the requirements of this Act and of
regulations and |
3 | | standards thereunder.
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4 | | (f) Conduct any hazardous waste-storage, hazardous |
5 | | waste-treatment or
hazardous waste-disposal operation:
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6 | | (1) without a RCRA permit for the site issued by the |
7 | | Agency under
subsection (d) of Section 39 of this Act, or |
8 | | in violation of any condition
imposed by such permit, |
9 | | including periodic reports and full access to
adequate |
10 | | records and the inspection of facilities, as may be |
11 | | necessary to
assure compliance with this Act and with |
12 | | regulations and standards adopted
thereunder; or
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13 | | (2) in violation of any regulations or standards |
14 | | adopted by the Board
under this Act; or
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15 | | (3) in violation of any RCRA permit filing requirement |
16 | | established under
standards adopted by the Board under this |
17 | | Act; or
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18 | | (4) in violation of any order adopted by the Board |
19 | | under this Act.
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20 | | Notwithstanding the above, no RCRA permit shall be required |
21 | | under this
subsection or subsection (d) of Section 39 of this |
22 | | Act for any
person engaged in agricultural activity who is |
23 | | disposing of a substance
which has been identified as a |
24 | | hazardous waste, and which has been
designated by Board |
25 | | regulations as being subject to this exception, if the
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26 | | substance was acquired for use by that person on his own |
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1 | | property and the
substance is disposed of on his own property |
2 | | in accordance with regulations
or standards adopted by the |
3 | | Board.
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4 | | (g) Conduct any hazardous waste-transportation operation:
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5 | | (1) without registering with and obtaining a special |
6 | | waste hauling permit from the Agency in
accordance with the |
7 | | regulations adopted by the Board under this Act; or
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8 | | (2) in violation of any regulations or standards |
9 | | adopted by
the
Board under this Act.
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10 | | (h) Conduct any hazardous waste-recycling or hazardous |
11 | | waste-reclamation
or hazardous waste-reuse operation in |
12 | | violation of any regulations, standards
or permit requirements |
13 | | adopted by the Board under this Act.
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14 | | (i) Conduct any process or engage in any act which produces |
15 | | hazardous
waste in violation of any regulations or standards |
16 | | adopted by the Board
under subsections (a) and (c) of Section |
17 | | 22.4 of this Act.
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18 | | (j) Conduct any special waste transportation operation in |
19 | | violation
of any regulations, standards or permit requirements |
20 | | adopted by the Board
under this Act. However, sludge from a |
21 | | water or sewage treatment plant
owned and operated by a unit of |
22 | | local government which (1) is subject to a
sludge management |
23 | | plan approved by the Agency or a permit granted by the
Agency, |
24 | | and (2) has been tested and determined not to be a hazardous |
25 | | waste
as required by applicable State and federal laws and |
26 | | regulations, may be
transported in this State without a special |
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1 | | waste hauling permit, and the
preparation and carrying of a |
2 | | manifest shall not be required for such
sludge under the rules |
3 | | of the Pollution Control Board. The unit of local
government |
4 | | which operates the treatment plant producing such sludge shall
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5 | | file a semiannual report with the Agency identifying the volume |
6 | | of such
sludge transported during the reporting period, the |
7 | | hauler of the sludge,
and the disposal sites to which it was |
8 | | transported. This subsection (j)
shall not apply to hazardous |
9 | | waste.
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10 | | (k) Fail or refuse to pay any fee imposed under this Act.
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11 | | (l) Locate a hazardous waste disposal site above an active |
12 | | or
inactive shaft or tunneled mine or within 2 miles of an |
13 | | active fault in
the earth's crust. In counties of population |
14 | | less than 225,000 no
hazardous waste disposal site shall be |
15 | | located (1) within 1 1/2 miles of
the corporate limits as |
16 | | defined on June 30, 1978, of any municipality
without the |
17 | | approval of the governing body of the municipality in an
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18 | | official action; or (2) within 1000 feet of an existing private |
19 | | well or
the existing source of a public water supply measured |
20 | | from the boundary
of the actual active permitted site and |
21 | | excluding existing private wells
on the property of the permit |
22 | | applicant. The provisions of this
subsection do not apply to |
23 | | publicly-owned sewage works or the disposal
or utilization of |
24 | | sludge from publicly-owned sewage works.
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25 | | (m) Transfer interest in any land which has been used as a
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26 | | hazardous waste disposal site without written notification to |
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1 | | the Agency
of the transfer and to the transferee of the |
2 | | conditions imposed by the Agency
upon its use under subsection |
3 | | (g) of Section 39.
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4 | | (n) Use any land which has been used as a hazardous waste
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5 | | disposal site except in compliance with conditions imposed by |
6 | | the Agency
under subsection (g) of Section 39.
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7 | | (o) Conduct a sanitary landfill operation which is required |
8 | | to have a
permit under subsection (d) of this Section, in a |
9 | | manner which results in
any of the following conditions:
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10 | | (1) refuse in standing or flowing waters;
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11 | | (2) leachate flows entering waters of the State;
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12 | | (3) leachate flows exiting the landfill confines (as |
13 | | determined by the
boundaries established for the landfill |
14 | | by a permit issued by the Agency);
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15 | | (4) open burning of refuse in violation of Section 9 of |
16 | | this Act;
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17 | | (5) uncovered refuse remaining from any previous |
18 | | operating day or at the
conclusion of any operating day, |
19 | | unless authorized by permit;
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20 | | (6) failure to provide final cover within time limits |
21 | | established by
Board regulations;
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22 | | (7) acceptance of wastes without necessary permits;
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23 | | (8) scavenging as defined by Board regulations;
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24 | | (9) deposition of refuse in any unpermitted portion of |
25 | | the landfill;
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26 | | (10) acceptance of a special waste without a required |
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1 | | manifest;
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2 | | (11) failure to submit reports required by permits or |
3 | | Board regulations;
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4 | | (12) failure to collect and contain litter from the |
5 | | site by the end of
each operating day;
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6 | | (13) failure to submit any cost estimate for the site |
7 | | or any performance
bond or other security for the site as |
8 | | required by this Act or Board rules.
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9 | | The prohibitions specified in this subsection (o) shall be |
10 | | enforceable by
the Agency either by administrative citation |
11 | | under Section 31.1 of this Act
or as otherwise provided by this |
12 | | Act. The specific prohibitions in this
subsection do not limit |
13 | | the power of the Board to establish regulations
or standards |
14 | | applicable to sanitary landfills.
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15 | | (p) In violation of subdivision (a) of this Section, cause |
16 | | or allow the
open dumping of any waste in a manner which |
17 | | results in any of the following
occurrences at the dump site:
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18 | | (1) litter;
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19 | | (2) scavenging;
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20 | | (3) open burning;
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21 | | (4) deposition of waste in standing or flowing waters;
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22 | | (5) proliferation of disease vectors;
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23 | | (6) standing or flowing liquid discharge from the dump |
24 | | site;
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25 | | (7) deposition of:
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26 | | (i) general construction or demolition debris as |
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1 | | defined in Section
3.160(a) of this Act; or
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2 | | (ii) clean construction or demolition debris as |
3 | | defined in Section
3.160(b) of this Act.
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4 | | The prohibitions specified in this subsection (p) shall be
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5 | | enforceable by the Agency either by administrative citation |
6 | | under Section
31.1 of this Act or as otherwise provided by this |
7 | | Act. The specific
prohibitions in this subsection do not limit |
8 | | the power of the Board to
establish regulations or standards |
9 | | applicable to open dumping.
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10 | | (q) Conduct a landscape waste composting operation without |
11 | | an Agency
permit, provided, however, that no permit shall be |
12 | | required for any person:
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13 | | (1) conducting a landscape waste composting operation |
14 | | for landscape
wastes generated by such person's own |
15 | | activities which are stored, treated
or disposed of within |
16 | | the site where such wastes are generated; or
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17 | | (2) applying landscape waste or composted landscape |
18 | | waste at agronomic
rates; or
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19 | | (3) operating a landscape waste composting facility on |
20 | | a farm, if the
facility meets all of the following |
21 | | criteria:
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22 | | (A) the composting facility is operated by the |
23 | | farmer on property on
which the composting material is |
24 | | utilized, and the composting facility
constitutes no |
25 | | more than 2% of the property's total acreage, except |
26 | | that
the Board may allow a higher percentage for |
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1 | | individual sites where the owner
or operator has |
2 | | demonstrated to the Board that the site's soil
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3 | | characteristics or crop needs require a higher rate;
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4 | | (A-1) the composting facility accepts from other |
5 | | agricultural operations for composting with landscape |
6 | | waste no materials other than dry, uncontaminated, and |
7 | | source-separated crop residue and other agricultural |
8 | | plant residue generated from the production and |
9 | | harvesting of crops and other customary farm |
10 | | practices, including, but not limited to, stalks, |
11 | | leaves, seed pods, husks, bagasse, and roots; |
12 | | (A-2) any composting additives that the composting |
13 | | facility accepts and uses at the facility are necessary |
14 | | to provide proper conditions for composting and do not |
15 | | exceed 10% of the total composting material at the |
16 | | facility at any one time;
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17 | | (B) the property on which the composting facility |
18 | | is located, and any
associated property on which the |
19 | | compost is used, is principally and
diligently devoted |
20 | | to the production of agricultural crops and
is not |
21 | | owned, leased or otherwise controlled by any waste |
22 | | hauler
or generator of nonagricultural compost |
23 | | materials, and the operator of the
composting facility |
24 | | is not an employee, partner, shareholder, or in any way
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25 | | connected with or controlled by any such waste hauler |
26 | | or generator;
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1 | | (C) all compost generated by the composting |
2 | | facility is applied at
agronomic rates and used as |
3 | | mulch, fertilizer or soil conditioner on land
actually |
4 | | farmed by the person operating the composting |
5 | | facility, and the
finished compost is not stored at the |
6 | | composting site for a period longer
than 18 months |
7 | | prior to its application as mulch, fertilizer, or soil |
8 | | conditioner;
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9 | | (D) the owner or operator, by January 1, 1990 (or |
10 | | the January 1
following commencement of operation, |
11 | | whichever is later) and January 1 of
each year |
12 | | thereafter , (i) registers the site with the Agency, |
13 | | (ii) reports
to the Agency on the volume of composting |
14 | | material received and used at the
site, (iii) certifies |
15 | | to the Agency that the site complies with the
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16 | | requirements set forth in subparagraphs (A), (A-1), |
17 | | (A-2), (B) , and (C) of this paragraph
(q)(3), and (iv) |
18 | | certifies to the Agency that all composting material |
19 | | was
placed more than 200 feet from the nearest potable |
20 | | water supply well, was
placed outside the boundary of |
21 | | the 10-year floodplain or on a part of the
site that is |
22 | | floodproofed, was placed at least 1/4 mile from the |
23 | | nearest
residence (other than a residence located on |
24 | | the same property as the
facility) and there are not |
25 | | more than 10 occupied non-farm residences
within 1/2 |
26 | | mile of the boundaries of the site on the date of |
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1 | | application,
and was placed more than 5 feet above the |
2 | | water table.
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3 | | For the purposes of this subsection (q), "agronomic rates" |
4 | | means the
application of not more than 20 tons per acre per |
5 | | year, except that the
Board may allow a higher rate for |
6 | | individual sites where the owner or
operator has demonstrated |
7 | | to the Board that the site's soil
characteristics or crop needs |
8 | | require a higher rate.
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9 | | (r) Cause or allow the storage or disposal of coal |
10 | | combustion
waste unless:
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11 | | (1) such waste is stored or disposed of at a site or
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12 | | facility for which
a permit has been obtained or is not |
13 | | otherwise required under subsection
(d) of this Section; or
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14 | | (2) such waste is stored or disposed of as a part of
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15 | | the design and
reclamation of a site or facility which is |
16 | | an abandoned mine site in
accordance with the Abandoned |
17 | | Mined Lands and Water Reclamation Act; or
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18 | | (3) such waste is stored or disposed of at a site or
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19 | | facility which is
operating under NPDES and Subtitle D |
20 | | permits issued by the Agency pursuant
to regulations |
21 | | adopted by the Board for mine-related water pollution and
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22 | | permits issued pursuant to the Federal Surface Mining |
23 | | Control and
Reclamation Act of 1977 (P.L. 95-87) or the |
24 | | rules and regulations
thereunder or any law or rule or |
25 | | regulation adopted by the State of
Illinois pursuant |
26 | | thereto, and the owner or operator of the facility agrees
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1 | | to accept the waste; and either
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2 | | (i) such waste is stored or disposed of in |
3 | | accordance
with requirements
applicable to refuse |
4 | | disposal under regulations adopted by the Board for
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5 | | mine-related water pollution and pursuant to NPDES and |
6 | | Subtitle D permits
issued by the Agency under such |
7 | | regulations; or
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8 | | (ii) the owner or operator of the facility |
9 | | demonstrates all of the
following to the Agency, and |
10 | | the facility is operated in accordance with
the |
11 | | demonstration as approved by the Agency: (1) the |
12 | | disposal area will be
covered in a manner that will |
13 | | support continuous vegetation, (2) the
facility will |
14 | | be adequately protected from wind and water erosion, |
15 | | (3) the
pH will be maintained so as to prevent |
16 | | excessive leaching of metal ions,
and (4) adequate |
17 | | containment or other measures will be provided to |
18 | | protect
surface water and groundwater from |
19 | | contamination at levels prohibited by
this Act, the |
20 | | Illinois Groundwater Protection Act, or regulations |
21 | | adopted
pursuant thereto.
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22 | | Notwithstanding any other provision of this Title, the |
23 | | disposal of coal
combustion waste pursuant to item (2) or (3) |
24 | | of this
subdivision (r) shall
be exempt from the other |
25 | | provisions of this Title V, and notwithstanding
the provisions |
26 | | of Title X of this Act, the Agency is authorized to grant
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1 | | experimental permits which include provision for the disposal |
2 | | of
wastes from the combustion of coal and other materials |
3 | | pursuant to items
(2) and (3) of this subdivision (r).
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4 | | (s) After April 1, 1989, offer for transportation, |
5 | | transport, deliver,
receive or accept special waste for which a |
6 | | manifest is required, unless
the manifest indicates that the |
7 | | fee required under Section 22.8 of this
Act has been paid.
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8 | | (t) Cause or allow a lateral expansion of a municipal solid |
9 | | waste landfill
unit on or after October 9, 1993, without a |
10 | | permit modification, granted by the
Agency, that authorizes the |
11 | | lateral expansion.
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12 | | (u) Conduct any vegetable by-product treatment, storage, |
13 | | disposal or
transportation operation in violation of any |
14 | | regulation, standards or permit
requirements adopted by the |
15 | | Board under this Act. However, no permit shall be
required |
16 | | under this Title V for the land application of vegetable |
17 | | by-products
conducted pursuant to Agency permit issued under |
18 | | Title III of this Act to
the generator of the vegetable |
19 | | by-products. In addition, vegetable by-products
may be |
20 | | transported in this State without a special waste hauling |
21 | | permit, and
without the preparation and carrying of a manifest.
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22 | | (v) (Blank).
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23 | | (w) Conduct any generation, transportation, or recycling |
24 | | of construction or
demolition debris, clean or general, or |
25 | | uncontaminated soil generated during
construction, remodeling, |
26 | | repair, and demolition of utilities, structures, and
roads that |
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1 | | is not commingled with any waste, without the maintenance of
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2 | | documentation identifying the hauler, generator, place of |
3 | | origin of the debris
or soil, the weight or volume of the |
4 | | debris or soil, and the location, owner,
and operator of the |
5 | | facility where the debris or soil was transferred,
disposed, |
6 | | recycled, or treated. This documentation must be maintained by |
7 | | the
generator, transporter, or recycler for 3 years.
This |
8 | | subsection (w) shall not apply to (1) a permitted pollution |
9 | | control
facility that transfers or accepts construction or |
10 | | demolition debris,
clean or general, or uncontaminated soil for |
11 | | final disposal, recycling, or
treatment, (2) a public utility |
12 | | (as that term is defined in the Public
Utilities Act) or a |
13 | | municipal utility, (3) the Illinois Department of
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14 | | Transportation, or (4) a municipality or a county highway |
15 | | department, with
the exception of any municipality or county |
16 | | highway department located within a
county having a population |
17 | | of over 3,000,000 inhabitants or located in a county
that
is |
18 | | contiguous to a county having a population of over 3,000,000 |
19 | | inhabitants;
but it shall apply to an entity that contracts |
20 | | with a public utility, a
municipal utility, the Illinois |
21 | | Department of Transportation, or a
municipality or a county |
22 | | highway department.
The terms
"generation" and "recycling" as
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23 | | used in this subsection do not
apply to clean construction or |
24 | | demolition debris
when (i) used as fill material below grade |
25 | | outside of a setback zone
if covered by sufficient |
26 | | uncontaminated soil to support vegetation within 30
days of the |
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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.
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10 | | (Source: P.A. 96-611, eff. 8-24-09; 97-220, eff. 7-28-11.)
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11 | | Section 99. Effective date. This Act takes effect upon |
12 | | becoming law.".
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