Sen. Chapin Rose

Filed: 4/15/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1868

2    AMENDMENT NO. ______. Amend Senate Bill 1868, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Environmental Protection Act is amended by
6changing Sections 3.330, 21, and 39.2 as follows:
 
7    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
8    Sec. 3.330. Pollution control facility.
9    (a) "Pollution control facility" is any waste storage site,
10sanitary landfill, waste disposal site, waste transfer
11station, waste treatment facility, or waste incinerator. This
12includes sewers, sewage treatment plants, and any other
13facilities owned or operated by sanitary districts organized
14under the Metropolitan Water Reclamation District Act.
15    The following are not pollution control facilities:
16        (1) (blank);

 

 

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1        (2) waste storage sites regulated under 40 CFR, Part
2    761.42;
3        (3) sites or facilities used by any person conducting a
4    waste storage, waste treatment, waste disposal, waste
5    transfer or waste incineration operation, or a combination
6    thereof, for wastes generated by such person's own
7    activities, when such wastes are stored, treated, disposed
8    of, transferred or incinerated within the site or facility
9    owned, controlled or operated by such person, or when such
10    wastes are transported within or between sites or
11    facilities owned, controlled or operated by such person;
12        (4) sites or facilities at which the State is
13    performing removal or remedial action pursuant to Section
14    22.2 or 55.3;
15        (5) abandoned quarries used solely for the disposal of
16    concrete, earth materials, gravel, or aggregate debris
17    resulting from road construction activities conducted by a
18    unit of government or construction activities due to the
19    construction and installation of underground pipes, lines,
20    conduit or wires off of the premises of a public utility
21    company which are conducted by a public utility;
22        (6) sites or facilities used by any person to
23    specifically conduct a landscape composting operation;
24        (7) regional facilities as defined in the Central
25    Midwest Interstate Low-Level Radioactive Waste Compact;
26        (8) the portion of a site or facility where coal

 

 

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1    combustion wastes are stored or disposed of in accordance
2    with subdivision (r)(2) or (r)(3) of Section 21;
3        (9) the portion of a site or facility used for the
4    collection, storage or processing of waste tires as defined
5    in Title XIV;
6        (10) the portion of a site or facility used for
7    treatment of petroleum contaminated materials by
8    application onto or incorporation into the soil surface and
9    any portion of that site or facility used for storage of
10    petroleum contaminated materials before treatment. Only
11    those categories of petroleum listed in Section 57.9(a)(3)
12    are exempt under this subdivision (10);
13        (11) the portion of a site or facility where used oil
14    is collected or stored prior to shipment to a recycling or
15    energy recovery facility, provided that the used oil is
16    generated by households or commercial establishments, and
17    the site or facility is a recycling center or a business
18    where oil or gasoline is sold at retail;
19        (11.5) processing sites or facilities that receive
20    only on-specification used oil, as defined in 35 Ill.
21    Admin. Code 739, originating from used oil collectors for
22    processing that is managed under 35 Ill. Admin. Code 739 to
23    produce products for sale to off-site petroleum
24    facilities, if these processing sites or facilities are:
25    (i) located within a home rule unit of local government
26    with a population of at least 30,000 according to the 2000

 

 

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1    federal census, that home rule unit of local government has
2    been designated as an Urban Round II Empowerment Zone by
3    the United States Department of Housing and Urban
4    Development, and that home rule unit of local government
5    has enacted an ordinance approving the location of the site
6    or facility and provided funding for the site or facility;
7    and (ii) in compliance with all applicable zoning
8    requirements;
9        (12) the portion of a site or facility utilizing coal
10    combustion waste for stabilization and treatment of only
11    waste generated on that site or facility when used in
12    connection with response actions pursuant to the federal
13    Comprehensive Environmental Response, Compensation, and
14    Liability Act of 1980, the federal Resource Conservation
15    and Recovery Act of 1976, or the Illinois Environmental
16    Protection Act or as authorized by the Agency;
17        (13) the portion of a site or facility that (i) accepts
18    exclusively general construction or demolition debris,
19    (ii) is located in a county with a population over
20    3,000,000 as of January 1, 2000 or in a county that is
21    contiguous to such a county, and (iii) is operated and
22    located in accordance with Section 22.38 of this Act;
23        (14) the portion of a site or facility, located within
24    a unit of local government that has enacted local zoning
25    requirements, used to accept, separate, and process
26    uncontaminated broken concrete, with or without protruding

 

 

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1    metal bars, provided that the uncontaminated broken
2    concrete and metal bars are not speculatively accumulated,
3    are at the site or facility no longer than one year after
4    their acceptance, and are returned to the economic
5    mainstream in the form of raw materials or products;
6        (15) the portion of a site or facility located in a
7    county with a population over 3,000,000 that has obtained
8    local siting approval under Section 39.2 of this Act for a
9    municipal waste incinerator on or before July 1, 2005 and
10    that is used for a non-hazardous waste transfer station;
11        (16) a site or facility that temporarily holds in
12    transit for 10 days or less, non-putrescible solid waste in
13    original containers, no larger in capacity than 500
14    gallons, provided that such waste is further transferred to
15    a recycling, disposal, treatment, or storage facility on a
16    non-contiguous site and provided such site or facility
17    complies with the applicable 10-day transfer requirements
18    of the federal Resource Conservation and Recovery Act of
19    1976 and United States Department of Transportation
20    hazardous material requirements. For purposes of this
21    Section only, "non-putrescible solid waste" means waste
22    other than municipal garbage that does not rot or become
23    putrid, including, but not limited to, paints, solvent,
24    filters, and absorbents;
25        (17) the portion of a site or facility located in a
26    county with a population greater than 3,000,000 that has

 

 

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1    obtained local siting approval, under Section 39.2 of this
2    Act, for a municipal waste incinerator on or before July 1,
3    2005 and that is used for wood combustion facilities for
4    energy recovery that accept and burn only wood material, as
5    included in a fuel specification approved by the Agency;
6        (18) a transfer station used exclusively for landscape
7    waste, including a transfer station where landscape waste
8    is ground to reduce its volume, where the landscape waste
9    is held no longer than 24 hours from the time it was
10    received;
11        (19) the portion of a site or facility that (i) is used
12    for the composting of food scrap, livestock waste, crop
13    residue, uncontaminated wood waste, or paper waste,
14    including, but not limited to, corrugated paper or
15    cardboard, and (ii) meets all of the following
16    requirements:
17            (A) There must not be more than a total of 30,000
18        cubic yards of livestock waste in raw form or in the
19        process of being composted at the site or facility at
20        any one time.
21            (B) All food scrap, livestock waste, crop residue,
22        uncontaminated wood waste, and paper waste must, by the
23        end of each operating day, be processed and placed into
24        an enclosed vessel in which air flow and temperature
25        are controlled, or all of the following additional
26        requirements must be met:

 

 

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1                (i) The portion of the site or facility used
2            for the composting operation must include a
3            setback of at least 200 feet from the nearest
4            potable water supply well.
5                (ii) The portion of the site or facility used
6            for the composting operation must be located
7            outside the boundary of the 10-year floodplain or
8            floodproofed.
9                (iii) The portion of the site or facility used
10            for the composting operation must be located at
11            least one-eighth of a mile from the nearest
12            residence, other than a residence located on the
13            same property as the site or facility.
14                (iv) The portion of the site or facility used
15            for the composting operation must be located at
16            least one-eighth of a mile from the property line
17            of all of the following areas:
18                    (I) Facilities that primarily serve to
19                house or treat people that are
20                immunocompromised or immunosuppressed, such as
21                cancer or AIDS patients; people with asthma,
22                cystic fibrosis, or bioaerosol allergies; or
23                children under the age of one year.
24                    (II) Primary and secondary schools and
25                adjacent areas that the schools use for
26                recreation.

 

 

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1                    (III) Any facility for child care licensed
2                under Section 3 of the Child Care Act of 1969;
3                preschools; and adjacent areas that the
4                facilities or preschools use for recreation.
5                (v) By the end of each operating day, all food
6            scrap, livestock waste, crop residue,
7            uncontaminated wood waste, and paper waste must be
8            (i) processed into windrows or other piles and (ii)
9            covered in a manner that prevents scavenging by
10            birds and animals and that prevents other
11            nuisances.
12            (C) Food scrap, livestock waste, crop residue,
13        uncontaminated wood waste, paper waste, and compost
14        must not be placed within 5 feet of the water table.
15            (D) The site or facility must meet all of the
16        requirements of the Wild and Scenic Rivers Act (16
17        U.S.C. 1271 et seq.).
18            (E) The site or facility must not (i) restrict the
19        flow of a 100-year flood, (ii) result in washout of
20        food scrap, livestock waste, crop residue,
21        uncontaminated wood waste, or paper waste from a
22        100-year flood, or (iii) reduce the temporary water
23        storage capacity of the 100-year floodplain, unless
24        measures are undertaken to provide alternative storage
25        capacity, such as by providing lagoons, holding tanks,
26        or drainage around structures at the facility.

 

 

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1            (F) The site or facility must not be located in any
2        area where it may pose a threat of harm or destruction
3        to the features for which:
4                (i) an irreplaceable historic or
5            archaeological site has been listed under the
6            National Historic Preservation Act (16 U.S.C. 470
7            et seq.) or the Illinois Historic Preservation
8            Act;
9                (ii) a natural landmark has been designated by
10            the National Park Service or the Illinois State
11            Historic Preservation Office; or
12                (iii) a natural area has been designated as a
13            Dedicated Illinois Nature Preserve under the
14            Illinois Natural Areas Preservation Act.
15            (G) The site or facility must not be located in an
16        area where it may jeopardize the continued existence of
17        any designated endangered species, result in the
18        destruction or adverse modification of the critical
19        habitat for such species, or cause or contribute to the
20        taking of any endangered or threatened species of
21        plant, fish, or wildlife listed under the Endangered
22        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
23        Endangered Species Protection Act;
24        (20) the portion of a site or facility that is located
25    entirely within a home rule unit having a population of no
26    less than 120,000 and no more than 135,000, according to

 

 

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1    the 2000 federal census, and that meets all of the
2    following requirements:
3                (i) the portion of the site or facility is used
4            exclusively to perform testing of a thermochemical
5            conversion technology using only woody biomass,
6            collected as landscape waste within the boundaries
7            of the home rule unit, as the hydrocarbon feedstock
8            for the production of synthetic gas in accordance
9            with Section 39.9 of this Act;
10                (ii) the portion of the site or facility is in
11            compliance with all applicable zoning
12            requirements; and
13                (iii) a complete application for a
14            demonstration permit at the portion of the site or
15            facility has been submitted to the Agency in
16            accordance with Section 39.9 of this Act within one
17            year after July 27, 2010 (the effective date of
18            Public Act 96-1314);
19        (21) the portion of a site or facility used to perform
20    limited testing of a gasification conversion technology in
21    accordance with Section 39.8 of this Act and for which a
22    complete permit application has been submitted to the
23    Agency prior to one year from April 9, 2010 (the effective
24    date of Public Act 96-887); and
25        (22) the portion of a site or facility that is used to
26    incinerate only pharmaceuticals from residential sources

 

 

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1    that are collected and transported by law enforcement
2    agencies under Section 17.9A of this Act.
3    (b) A new pollution control facility is:
4        (1) a pollution control facility initially permitted
5    for development or construction after July 1, 1981; or
6        (2) the area of expansion beyond the boundary of a
7    currently permitted pollution control facility; or
8        (3) a permitted pollution control facility requesting
9    approval to store, dispose of, transfer or incinerate, for
10    the first time, any special or hazardous waste; or .
11        (4) a permitted pollution control facility that first
12    accepts, on or after the effective date of this amendatory
13    Act of the 98th General Assembly, waste containing
14    Polychlorinated Biphenyls (PCBs) or PCB items, the
15    disposal of which is subject to prior approval by the U.S.
16    Environmental Protection Agency in accordance with
17    regulations promulgated to implement the Toxic Substances
18    Control Act (40 CFR 761.75), if the proposal to dispose of
19    the waste containing PCBs or PCB items at the facility has
20    not been specifically reviewed and considered at a local
21    siting review hearing conducted in accordance with Section
22    39.2 of this Act.
23(Source: P.A. 96-418, eff. 1-1-10; 96-611, eff. 8-24-09;
2496-887, eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff.
257-16-10; 96-1314, eff. 7-27-10; 97-333, eff. 8-12-11; 97-545,
26eff. 1-1-12.)
 

 

 

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1    (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)
2    Sec. 21. Prohibited acts. No person shall:
3    (a) Cause or allow the open dumping of any waste.
4    (b) Abandon, dump, or deposit any waste upon the public
5highways or other public property, except in a sanitary
6landfill approved by the Agency pursuant to regulations adopted
7by the Board.
8    (c) Abandon any vehicle in violation of the "Abandoned
9Vehicles Amendment to the Illinois Vehicle Code", as enacted by
10the 76th General Assembly.
11    (d) Conduct any waste-storage, waste-treatment, or
12waste-disposal operation:
13        (1) without a permit granted by the Agency or in
14    violation of any conditions imposed by such permit,
15    including periodic reports and full access to adequate
16    records and the inspection of facilities, as may be
17    necessary to assure compliance with this Act and with
18    regulations and standards adopted thereunder; provided,
19    however, that, except for municipal solid waste landfill
20    units that receive waste on or after October 9, 1993, no
21    permit shall be required for (i) any person conducting a
22    waste-storage, waste-treatment, or waste-disposal
23    operation for wastes generated by such person's own
24    activities which are stored, treated, or disposed within
25    the site where such wastes are generated, or (ii) a

 

 

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1    facility located in a county with a population over 700,000
2    as of January 1, 2000, operated and located in accordance
3    with Section 22.38 of this Act, and used exclusively for
4    the transfer, storage, or treatment of general
5    construction or demolition debris, provided that the
6    facility was receiving construction or demolition debris
7    on the effective date of this amendatory Act of the 96th
8    General Assembly;
9        (2) in violation of any regulations or standards
10    adopted by the Board under this Act; or
11        (3) which receives waste after August 31, 1988, does
12    not have a permit issued by the Agency, and is (i) a
13    landfill used exclusively for the disposal of waste
14    generated at the site, (ii) a surface impoundment receiving
15    special waste not listed in an NPDES permit, (iii) a waste
16    pile in which the total volume of waste is greater than 100
17    cubic yards or the waste is stored for over one year, or
18    (iv) a land treatment facility receiving special waste
19    generated at the site; without giving notice of the
20    operation to the Agency by January 1, 1989, or 30 days
21    after the date on which the operation commences, whichever
22    is later, and every 3 years thereafter. The form for such
23    notification shall be specified by the Agency, and shall be
24    limited to information regarding: the name and address of
25    the location of the operation; the type of operation; the
26    types and amounts of waste stored, treated or disposed of

 

 

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1    on an annual basis; the remaining capacity of the
2    operation; and the remaining expected life of the
3    operation.
4    Item (3) of this subsection (d) shall not apply to any
5person engaged in agricultural activity who is disposing of a
6substance that constitutes solid waste, if the substance was
7acquired for use by that person on his own property, and the
8substance is disposed of on his own property in accordance with
9regulations or standards adopted by the Board.
10    This subsection (d) shall not apply to hazardous waste.
11    (e) Dispose, treat, store or abandon any waste, or
12transport any waste into this State for disposal, treatment,
13storage or abandonment, except at a site or facility which
14meets the requirements of this Act and of regulations and
15standards thereunder.
16    (f) Conduct any hazardous waste-storage, hazardous
17waste-treatment or hazardous waste-disposal operation:
18        (1) without a RCRA permit for the site issued by the
19    Agency under subsection (d) of Section 39 of this Act, or
20    in violation of any condition imposed by such permit,
21    including periodic reports and full access to adequate
22    records and the inspection of facilities, as may be
23    necessary to assure compliance with this Act and with
24    regulations and standards adopted thereunder; or
25        (2) in violation of any regulations or standards
26    adopted by the Board under this Act; or

 

 

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1        (3) in violation of any RCRA permit filing requirement
2    established under standards adopted by the Board under this
3    Act; or
4        (4) in violation of any order adopted by the Board
5    under this Act.
6    Notwithstanding the above, no RCRA permit shall be required
7under this subsection or subsection (d) of Section 39 of this
8Act for any person engaged in agricultural activity who is
9disposing of a substance which has been identified as a
10hazardous waste, and which has been designated by Board
11regulations as being subject to this exception, if the
12substance was acquired for use by that person on his own
13property and the substance is disposed of on his own property
14in accordance with regulations or standards adopted by the
15Board.
16    (g) Conduct any hazardous waste-transportation operation:
17        (1) without registering with and obtaining a special
18    waste hauling permit from the Agency in accordance with the
19    regulations adopted by the Board under this Act; or
20        (2) in violation of any regulations or standards
21    adopted by the Board under this Act.
22    (h) Conduct any hazardous waste-recycling or hazardous
23waste-reclamation or hazardous waste-reuse operation in
24violation of any regulations, standards or permit requirements
25adopted by the Board under this Act.
26    (i) Conduct any process or engage in any act which produces

 

 

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1hazardous waste in violation of any regulations or standards
2adopted by the Board under subsections (a) and (c) of Section
322.4 of this Act.
4    (j) Conduct any special waste transportation operation in
5violation of any regulations, standards or permit requirements
6adopted by the Board under this Act. However, sludge from a
7water or sewage treatment plant owned and operated by a unit of
8local government which (1) is subject to a sludge management
9plan approved by the Agency or a permit granted by the Agency,
10and (2) has been tested and determined not to be a hazardous
11waste as required by applicable State and federal laws and
12regulations, may be transported in this State without a special
13waste hauling permit, and the preparation and carrying of a
14manifest shall not be required for such sludge under the rules
15of the Pollution Control Board. The unit of local government
16which operates the treatment plant producing such sludge shall
17file a semiannual report with the Agency identifying the volume
18of such sludge transported during the reporting period, the
19hauler of the sludge, and the disposal sites to which it was
20transported. This subsection (j) shall not apply to hazardous
21waste.
22    (k) Fail or refuse to pay any fee imposed under this Act.
23    (l) Locate a hazardous waste disposal site above an active
24or inactive shaft or tunneled mine or within 2 miles of an
25active fault in the earth's crust. In counties of population
26less than 225,000 no hazardous waste disposal site shall be

 

 

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1located (1) within 1 1/2 miles of the corporate limits as
2defined on June 30, 1978, of any municipality without the
3approval of the governing body of the municipality in an
4official action; or (2) within 1000 feet of an existing private
5well or the existing source of a public water supply measured
6from the boundary of the actual active permitted site and
7excluding existing private wells on the property of the permit
8applicant. The provisions of this subsection do not apply to
9publicly-owned sewage works or the disposal or utilization of
10sludge from publicly-owned sewage works.
11    (m) Transfer interest in any land which has been used as a
12hazardous waste disposal site without written notification to
13the Agency of the transfer and to the transferee of the
14conditions imposed by the Agency upon its use under subsection
15(g) of Section 39.
16    (n) Use any land which has been used as a hazardous waste
17disposal site except in compliance with conditions imposed by
18the Agency under subsection (g) of Section 39.
19    (o) Conduct a sanitary landfill operation which is required
20to have a permit under subsection (d) of this Section, in a
21manner which results in any of the following conditions:
22        (1) refuse in standing or flowing waters;
23        (2) leachate flows entering waters of the State;
24        (3) leachate flows exiting the landfill confines (as
25    determined by the boundaries established for the landfill
26    by a permit issued by the Agency);

 

 

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1        (4) open burning of refuse in violation of Section 9 of
2    this Act;
3        (5) uncovered refuse remaining from any previous
4    operating day or at the conclusion of any operating day,
5    unless authorized by permit;
6        (6) failure to provide final cover within time limits
7    established by Board regulations;
8        (7) acceptance of wastes without necessary permits;
9        (8) scavenging as defined by Board regulations;
10        (9) deposition of refuse in any unpermitted portion of
11    the landfill;
12        (10) acceptance of a special waste without a required
13    manifest;
14        (11) failure to submit reports required by permits or
15    Board regulations;
16        (12) failure to collect and contain litter from the
17    site by the end of each operating day;
18        (13) failure to submit any cost estimate for the site
19    or any performance bond or other security for the site as
20    required by this Act or Board rules.
21    The prohibitions specified in this subsection (o) shall be
22enforceable by the Agency either by administrative citation
23under Section 31.1 of this Act or as otherwise provided by this
24Act. The specific prohibitions in this subsection do not limit
25the power of the Board to establish regulations or standards
26applicable to sanitary landfills.

 

 

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1    (p) In violation of subdivision (a) of this Section, cause
2or allow the open dumping of any waste in a manner which
3results in any of the following occurrences at the dump site:
4        (1) litter;
5        (2) scavenging;
6        (3) open burning;
7        (4) deposition of waste in standing or flowing waters;
8        (5) proliferation of disease vectors;
9        (6) standing or flowing liquid discharge from the dump
10    site;
11        (7) deposition of:
12            (i) general construction or demolition debris as
13        defined in Section 3.160(a) of this Act; or
14            (ii) clean construction or demolition debris as
15        defined in Section 3.160(b) of this Act.
16    The prohibitions specified in this subsection (p) shall be
17enforceable by the Agency either by administrative citation
18under Section 31.1 of this Act or as otherwise provided by this
19Act. The specific prohibitions in this subsection do not limit
20the power of the Board to establish regulations or standards
21applicable to open dumping.
22    (q) Conduct a landscape waste composting operation without
23an Agency permit, provided, however, that no permit shall be
24required for any person:
25        (1) conducting a landscape waste composting operation
26    for landscape wastes generated by such person's own

 

 

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1    activities which are stored, treated or disposed of within
2    the site where such wastes are generated; or
3        (2) applying landscape waste or composted landscape
4    waste at agronomic rates; or
5        (3) operating a landscape waste composting facility on
6    a farm, if the facility meets all of the following
7    criteria:
8            (A) the composting facility is operated by the
9        farmer on property on which the composting material is
10        utilized, and the composting facility constitutes no
11        more than 2% of the property's total acreage, except
12        that the Board may allow a higher percentage for
13        individual sites where the owner or operator has
14        demonstrated to the Board that the site's soil
15        characteristics or crop needs require a higher rate;
16            (B) the property on which the composting facility
17        is located, and any associated property on which the
18        compost is used, is principally and diligently devoted
19        to the production of agricultural crops and is not
20        owned, leased or otherwise controlled by any waste
21        hauler or generator of nonagricultural compost
22        materials, and the operator of the composting facility
23        is not an employee, partner, shareholder, or in any way
24        connected with or controlled by any such waste hauler
25        or generator;
26            (C) all compost generated by the composting

 

 

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1        facility is applied at agronomic rates and used as
2        mulch, fertilizer or soil conditioner on land actually
3        farmed by the person operating the composting
4        facility, and the finished compost is not stored at the
5        composting site for a period longer than 18 months
6        prior to its application as mulch, fertilizer, or soil
7        conditioner;
8            (D) the owner or operator, by January 1, 1990 (or
9        the January 1 following commencement of operation,
10        whichever is later) and January 1 of each year
11        thereafter, (i) registers the site with the Agency,
12        (ii) reports to the Agency on the volume of composting
13        material received and used at the site, (iii) certifies
14        to the Agency that the site complies with the
15        requirements set forth in subparagraphs (A), (B) and
16        (C) of this paragraph (q)(3), and (iv) certifies to the
17        Agency that all composting material was placed more
18        than 200 feet from the nearest potable water supply
19        well, was placed outside the boundary of the 10-year
20        floodplain or on a part of the site that is
21        floodproofed, was placed at least 1/4 mile from the
22        nearest residence (other than a residence located on
23        the same property as the facility) and there are not
24        more than 10 occupied non-farm residences within 1/2
25        mile of the boundaries of the site on the date of
26        application, and was placed more than 5 feet above the

 

 

09800SB1868sam005- 22 -LRB098 10672 JDS 44597 a

1        water table.
2    For the purposes of this subsection (q), "agronomic rates"
3means the application of not more than 20 tons per acre per
4year, except that the Board may allow a higher rate for
5individual sites where the owner or operator has demonstrated
6to the Board that the site's soil characteristics or crop needs
7require a higher rate.
8    (r) Cause or allow the storage or disposal of coal
9combustion waste unless:
10        (1) such waste is stored or disposed of at a site or
11    facility for which a permit has been obtained or is not
12    otherwise required under subsection (d) of this Section; or
13        (2) such waste is stored or disposed of as a part of
14    the design and reclamation of a site or facility which is
15    an abandoned mine site in accordance with the Abandoned
16    Mined Lands and Water Reclamation Act; or
17        (3) such waste is stored or disposed of at a site or
18    facility which is operating under NPDES and Subtitle D
19    permits issued by the Agency pursuant to regulations
20    adopted by the Board for mine-related water pollution and
21    permits issued pursuant to the Federal Surface Mining
22    Control and Reclamation Act of 1977 (P.L. 95-87) or the
23    rules and regulations thereunder or any law or rule or
24    regulation adopted by the State of Illinois pursuant
25    thereto, and the owner or operator of the facility agrees
26    to accept the waste; and either

 

 

09800SB1868sam005- 23 -LRB098 10672 JDS 44597 a

1            (i) such waste is stored or disposed of in
2        accordance with requirements applicable to refuse
3        disposal under regulations adopted by the Board for
4        mine-related water pollution and pursuant to NPDES and
5        Subtitle D permits issued by the Agency under such
6        regulations; or
7            (ii) the owner or operator of the facility
8        demonstrates all of the following to the Agency, and
9        the facility is operated in accordance with the
10        demonstration as approved by the Agency: (1) the
11        disposal area will be covered in a manner that will
12        support continuous vegetation, (2) the facility will
13        be adequately protected from wind and water erosion,
14        (3) the pH will be maintained so as to prevent
15        excessive leaching of metal ions, and (4) adequate
16        containment or other measures will be provided to
17        protect surface water and groundwater from
18        contamination at levels prohibited by this Act, the
19        Illinois Groundwater Protection Act, or regulations
20        adopted pursuant thereto.
21    Notwithstanding any other provision of this Title, the
22disposal of coal combustion waste pursuant to item (2) or (3)
23of this subdivision (r) shall be exempt from the other
24provisions of this Title V, and notwithstanding the provisions
25of Title X of this Act, the Agency is authorized to grant
26experimental permits which include provision for the disposal

 

 

09800SB1868sam005- 24 -LRB098 10672 JDS 44597 a

1of wastes from the combustion of coal and other materials
2pursuant to items (2) and (3) of this subdivision (r).
3    (s) After April 1, 1989, offer for transportation,
4transport, deliver, receive or accept special waste for which a
5manifest is required, unless the manifest indicates that the
6fee required under Section 22.8 of this Act has been paid.
7    (t) Cause or allow a lateral expansion of a municipal solid
8waste landfill unit on or after October 9, 1993, without a
9permit modification, granted by the Agency, that authorizes the
10lateral expansion.
11    (u) Conduct any vegetable by-product treatment, storage,
12disposal or transportation operation in violation of any
13regulation, standards or permit requirements adopted by the
14Board under this Act. However, no permit shall be required
15under this Title V for the land application of vegetable
16by-products conducted pursuant to Agency permit issued under
17Title III of this Act to the generator of the vegetable
18by-products. In addition, vegetable by-products may be
19transported in this State without a special waste hauling
20permit, and without the preparation and carrying of a manifest.
21    (v) (Blank).
22    (w) Conduct any generation, transportation, or recycling
23of construction or demolition debris, clean or general, or
24uncontaminated soil generated during construction, remodeling,
25repair, and demolition of utilities, structures, and roads that
26is not commingled with any waste, without the maintenance of

 

 

09800SB1868sam005- 25 -LRB098 10672 JDS 44597 a

1documentation identifying the hauler, generator, place of
2origin of the debris or soil, the weight or volume of the
3debris or soil, and the location, owner, and operator of the
4facility where the debris or soil was transferred, disposed,
5recycled, or treated. This documentation must be maintained by
6the generator, transporter, or recycler for 3 years. This
7subsection (w) shall not apply to (1) a permitted pollution
8control facility that transfers or accepts construction or
9demolition debris, clean or general, or uncontaminated soil for
10final disposal, recycling, or treatment, (2) a public utility
11(as that term is defined in the Public Utilities Act) or a
12municipal utility, (3) the Illinois Department of
13Transportation, or (4) a municipality or a county highway
14department, with the exception of any municipality or county
15highway department located within a county having a population
16of over 3,000,000 inhabitants or located in a county that is
17contiguous to a county having a population of over 3,000,000
18inhabitants; but it shall apply to an entity that contracts
19with a public utility, a municipal utility, the Illinois
20Department of Transportation, or a municipality or a county
21highway department. The terms "generation" and "recycling" as
22used in this subsection do not apply to clean construction or
23demolition debris when (i) used as fill material below grade
24outside of a setback zone if covered by sufficient
25uncontaminated soil to support vegetation within 30 days of the
26completion of filling or if covered by a road or structure,

 

 

09800SB1868sam005- 26 -LRB098 10672 JDS 44597 a

1(ii) solely broken concrete without protruding metal bars is
2used for erosion control, or (iii) milled asphalt or crushed
3concrete is used as aggregate in construction of the shoulder
4of a roadway. The terms "generation" and "recycling", as used
5in this subsection, do not apply to uncontaminated soil that is
6not commingled with any waste when (i) used as fill material
7below grade or contoured to grade, or (ii) used at the site of
8generation.
9    (x) First accept for disposal, on or after the effective
10date of this amendatory Act of the 98th General Assembly, any
11waste containing PCBs or PCB items, the disposal of which is
12subject to prior approval by the U.S. Environmental Protection
13Agency in accordance with regulations promulgated to implement
14the Toxic Substances Control Act, (40 CFR 761.75) without
15having received the specific approval for the disposal of the
16waste containing PCBs or PCB items at a local siting review
17hearing conducted in accordance with the requirements of
18Section 39.2 of this Act.
19(Source: P.A. 96-611, eff. 8-24-09; 97-220, eff. 7-28-11.)
 
20    (415 ILCS 5/39.2)  (from Ch. 111 1/2, par. 1039.2)
21    Sec. 39.2. Local siting review.
22    (a) The county board of the county or the governing body of
23the municipality, as determined by paragraph (c) of Section 39
24of this Act, shall approve or disapprove the request for local
25siting approval for each pollution control facility which is

 

 

09800SB1868sam005- 27 -LRB098 10672 JDS 44597 a

1subject to such review. An applicant for local siting approval
2shall submit sufficient details describing the proposed
3facility to demonstrate compliance, and local siting approval
4shall be granted only if the proposed facility meets the
5following criteria:
6        (i) the facility is necessary to accommodate the waste
7    needs of the area it is intended to serve;
8        (ii) the facility is so designed, located and proposed
9    to be operated that the public health, safety and welfare
10    will be protected;
11        (iii) the facility is located so as to minimize
12    incompatibility with the character of the surrounding area
13    and to minimize the effect on the value of the surrounding
14    property;
15        (iv) (A) for a facility other than a sanitary landfill
16    or waste disposal site, the facility is located outside the
17    boundary of the 100 year flood plain or the site is
18    flood-proofed; (B) for a facility that is a sanitary
19    landfill or waste disposal site, the facility is located
20    outside the boundary of the 100-year floodplain, or if the
21    facility is a facility described in subsection (b)(3) of
22    Section 22.19a, the site is flood-proofed;
23        (v) the plan of operations for the facility is designed
24    to minimize the danger to the surrounding area from fire,
25    spills, or other operational accidents;
26        (vi) the traffic patterns to or from the facility are

 

 

09800SB1868sam005- 28 -LRB098 10672 JDS 44597 a

1    so designed as to minimize the impact on existing traffic
2    flows;
3        (vii) if the facility will be treating, storing or
4    disposing of hazardous waste, an emergency response plan
5    exists for the facility which includes notification,
6    containment and evacuation procedures to be used in case of
7    an accidental release;
8        (viii) if the facility is to be located in a county
9    where the county board has adopted a solid waste management
10    plan consistent with the planning requirements of the Local
11    Solid Waste Disposal Act or the Solid Waste Planning and
12    Recycling Act, the facility is consistent with that plan;
13    for purposes of this criterion (viii), the "solid waste
14    management plan" means the plan that is in effect as of the
15    date the application for siting approval is filed; and
16        (ix) if the facility will be located within a regulated
17    recharge area, any applicable requirements specified by
18    the Board for such areas have been met; and .
19        (x) if the facility will be located over an aquifer
20    that is known to extend into 14 counties, including one or
21    more counties that contain portions of the Sangamon River,
22    then the operation of the facility at that location must
23    not pose an unreasonable risk of contamination to the
24    aquifer. The county board or the governing body of the
25    municipality conducting the local siting review shall
26    determine whether the proposed location for the facility is

 

 

09800SB1868sam005- 29 -LRB098 10672 JDS 44597 a

1    over such an aquifer by using only the most current
2    geological maps maintained by the Illinois State
3    Geological Survey. If the proposed facility is determined
4    by the county board or governing body to be located over
5    such an aquifer, the officials of the county or
6    municipality in question shall notify the applicant of that
7    fact and of the need to meet the additional local siting
8    approval criteria set forth in this subsection (x) and to
9    notify, in the manner provided in subsection (b), the chief
10    corporate official of each municipality served by a
11    community water supply that derives any of its potable
12    water from the aquifer. In making its determination as to
13    whether the operation of the facility at the proposed
14    location poses an unreasonable risk of contamination to the
15    aquifer, the county board or the governing body of the
16    municipality shall consider the following:
17            (A) the extent to which there are available
18        alternative ground or surface water sources for
19        potable water that can be economically used by the
20        community water supplies that obtain potable water
21        from the aquifer in order to replace water from the
22        aquifer if it becomes contaminated; and
23            (B) whether materials that may be disposed of at
24        the facility include any hazardous waste or special
25        waste and, if so:
26                (1) the length of time any toxic or hazardous

 

 

09800SB1868sam005- 30 -LRB098 10672 JDS 44597 a

1            substances contained in such a waste, once
2            disposed of at the facility, can be expected to
3            persist in a chemical state that poses a threat to
4            human health if ingested;
5                (2) whether the applicant has demonstrated
6            that there is an economically feasible means of
7            decontaminating the aquifer if it becomes
8            contaminated by substances originating in such a
9            waste; and
10                (3) whether the applicant has identified a
11            secure source of funds that would be perpetually
12            available and adequate to cover the costs of
13            removing contamination originating from such a
14            waste.
15    The county board or the governing body of the municipality
16may also consider as evidence the previous operating experience
17and past record of convictions or admissions of violations of
18the applicant (and any subsidiary or parent corporation) in the
19field of solid waste management when considering criteria (ii)
20and (v) under this Section.
21    If the facility is subject to the location restrictions in
22Section 22.14 of this Act, compliance with that Section shall
23be determined as of the date the application for siting
24approval is filed.
25    (b) No later than 14 days before the date on which the
26county board or governing body of the municipality receives a

 

 

09800SB1868sam005- 31 -LRB098 10672 JDS 44597 a

1request for site approval, the applicant shall cause written
2notice of such request to be served either in person or by
3registered mail, return receipt requested, on the owners of all
4property within the subject area not solely owned by the
5applicant, and on the owners of all property within 250 feet in
6each direction of the lot line of the subject property, said
7owners being such persons or entities which appear from the
8authentic tax records of the County in which such facility is
9to be located; provided, that the number of all feet occupied
10by all public roads, streets, alleys and other public ways
11shall be excluded in computing the 250 feet requirement;
12provided further, that in no event shall this requirement
13exceed 400 feet, including public streets, alleys and other
14public ways.     In addition, if the facility will be located
15over an aquifer that is known to extend into 14 counties,
16including one or more counties that contain portions of the
17Sangamon River, then no later than 14 days before the date on
18which the county board or governing body of the municipality
19receives a request for site approval, the applicant shall also
20cause written notice of such request to be served either in
21person or by registered mail, return receipt requested, on the
22mayor, village board president, or other chief corporate
23official of each municipality that is served by a community
24water supply that, during the 12-month period preceding the
25submittal of the request for site approval, derived 50% or more
26of its potable water from the aquifer. The identity of each

 

 

09800SB1868sam005- 32 -LRB098 10672 JDS 44597 a

1municipality meeting those criteria shall be determined from
2current water inventory records maintained by the Illinois
3Water Inventory Program of the Illinois State Water Surveys
4Center for Groundwater Science.
5    Such written notice shall also be served upon members of
6the General Assembly from the legislative district in which the
7proposed facility is located and shall be published in a
8newspaper of general circulation published in the county in
9which the site is located.
10    Such notice shall state the name and address of the
11applicant, the location of the proposed site, the nature and
12size of the development, the nature of the activity proposed,
13the probable life of the proposed activity, the date when the
14request for site approval will be submitted, and a description
15of the right of persons to comment on such request as hereafter
16provided.
17    (c) An applicant shall file a copy of its request with the
18county board of the county or the governing body of the
19municipality in which the proposed site is located. The request
20shall include (i) the substance of the applicant's proposal and
21(ii) all documents, if any, submitted as of that date to the
22Agency pertaining to the proposed facility, except trade
23secrets as determined under Section 7.1 of this Act. All such
24documents or other materials on file with the county board or
25governing body of the municipality shall be made available for
26public inspection at the office of the county board or the

 

 

09800SB1868sam005- 33 -LRB098 10672 JDS 44597 a

1governing body of the municipality and may be copied upon
2payment of the actual cost of reproduction.
3    Any person may file written comment with the county board
4or governing body of the municipality concerning the
5appropriateness of the proposed site for its intended purpose.
6The county board or governing body of the municipality shall
7consider any comment received or postmarked not later than 30
8days after the date of the last public hearing.
9    (d) At least one public hearing is to be held by the county
10board or governing body of the municipality no sooner than 90
11days but no later than 120 days after the date on which it
12received the request for site approval. No later than 14 days
13prior to such hearing, notice shall be published in a newspaper
14of general circulation published in the county of the proposed
15site, and delivered by certified mail to the following:
16        (i) all members of the General Assembly from the
17    district in which the proposed site is located,
18        (ii) to the governing authority of every municipality
19    contiguous to the proposed site or contiguous to the
20    municipality in which the proposed site is to be located,
21        (iii) to the county board of the county where the
22    proposed site is to be located, if the proposed site is
23    located within the boundaries of a municipality,
24        (iv) if the facility is located over an aquifer that is
25    known to extend into 14 counties, including one or more
26    counties that contain portions of the Sangamon River, then

 

 

09800SB1868sam005- 34 -LRB098 10672 JDS 44597 a

1    to the governing authority of each municipality that is
2    entitled to notice as provided in subsection (b) of this
3    Section; and
4        (v) to the Agency.
5    Members or representatives of the governing authority of
6any a municipality that is contiguous to the proposed site,
7that is or contiguous to the municipality in which the proposed
8site is to be located, or that is entitled to notice as
9provided in subsections (b) and (d), by virtue of being served
10by community water supplies deriving potable water from an
11aquifer that is known to extend into 14 counties, including one
12or more counties that contain portions of the Sangamon River,
13may appear at and participate in the public hearings held
14pursuant to this Section. In addition and, if the proposed site
15is located in a municipality, members or representatives of the
16county board of a county in which the proposed site is to be
17located may appear at and participate in public hearings held
18pursuant to this Section. The public hearing shall develop a
19record sufficient to form the basis of appeal of the decision
20in accordance with Section 40.1 of this Act. The fact that a
21member of the county board or governing body of the
22municipality has publicly expressed an opinion on an issue
23related to a site review proceeding shall not preclude the
24member from taking part in the proceeding and voting on the
25issue.
26    (e) Decisions of the county board or governing body of the

 

 

09800SB1868sam005- 35 -LRB098 10672 JDS 44597 a

1municipality are to be in writing, specifying the reasons for
2the decision, such reasons to be in conformance with subsection
3(a) of this Section. In granting approval for a site the county
4board or governing body of the municipality may impose such
5conditions as may be reasonable and necessary to accomplish the
6purposes of this Section and as are not inconsistent with
7regulations promulgated by the Board. Such decision shall be
8available for public inspection at the office of the county
9board or governing body of the municipality and may be copied
10upon payment of the actual cost of reproduction. If there is no
11final action by the county board or governing body of the
12municipality within 180 days after the date on which it
13received the request for site approval, the applicant may deem
14the request approved.
15    At any time prior to completion by the applicant of the
16presentation of the applicant's factual evidence and an
17opportunity for cross-questioning by the county board or
18governing body of the municipality and any participants, the
19applicant may file not more than one amended application upon
20payment of additional fees pursuant to subsection (k); in which
21case the time limitation for final action set forth in this
22subsection (e) shall be extended for an additional period of 90
23days.
24    If, prior to making a final local siting decision, a county
25board or governing body of a municipality has negotiated and
26entered into a host agreement with the local siting applicant,

 

 

09800SB1868sam005- 36 -LRB098 10672 JDS 44597 a

1the terms and conditions of the host agreement, whether written
2or oral, shall be disclosed and made a part of the hearing
3record for that local siting proceeding. In the case of an oral
4agreement, the disclosure shall be made in the form of a
5written summary jointly prepared and submitted by the county
6board or governing body of the municipality and the siting
7applicant and shall describe the terms and conditions of the
8oral agreement.
9    (e-5) Siting approval obtained pursuant to this Section is
10transferable and may be transferred to a subsequent owner or
11operator. In the event that siting approval has been
12transferred to a subsequent owner or operator, that subsequent
13owner or operator assumes and takes subject to any and all
14conditions imposed upon the prior owner or operator by the
15county board of the county or governing body of the
16municipality pursuant to subsection (e). However, any such
17conditions imposed pursuant to this Section may be modified by
18agreement between the subsequent owner or operator and the
19appropriate county board or governing body. Further, in the
20event that siting approval obtained pursuant to this Section
21has been transferred to a subsequent owner or operator, that
22subsequent owner or operator assumes all rights and obligations
23and takes the facility subject to any and all terms and
24conditions of any existing host agreement between the prior
25owner or operator and the appropriate county board or governing
26body.

 

 

09800SB1868sam005- 37 -LRB098 10672 JDS 44597 a

1    (f) A local siting approval granted under this Section
2shall expire at the end of 2 calendar years from the date upon
3which it was granted, unless the local siting approval granted
4under this Section is for a sanitary landfill operation, in
5which case the approval shall expire at the end of 3 calendar
6years from the date upon which it was granted, and unless
7within that period the applicant has made application to the
8Agency for a permit to develop the site. In the event that the
9local siting decision has been appealed, such expiration period
10shall be deemed to begin on the date upon which the appeal
11process is concluded.
12    Except as otherwise provided in this subsection, upon the
13expiration of a development permit under subsection (k) of
14Section 39, any associated local siting approval granted for
15the facility under this Section shall also expire.
16    If a first development permit for a municipal waste
17incineration facility expires under subsection (k) of Section
1839 after September 30, 1989 due to circumstances beyond the
19control of the applicant, any associated local siting approval
20granted for the facility under this Section may be used to
21fulfill the local siting approval requirement upon application
22for a second development permit for the same site, provided
23that the proposal in the new application is materially the
24same, with respect to the criteria in subsection (a) of this
25Section, as the proposal that received the original siting
26approval, and application for the second development permit is

 

 

09800SB1868sam005- 38 -LRB098 10672 JDS 44597 a

1made before January 1, 1990.
2    (g) The siting approval procedures, criteria and appeal
3procedures provided for in this Act for new pollution control
4facilities shall be the exclusive siting procedures and rules
5and appeal procedures for facilities subject to such
6procedures. Local zoning or other local land use requirements
7shall not be applicable to such siting decisions.
8    (h) Nothing in this Section shall apply to any existing or
9new pollution control facility located within the corporate
10limits of a municipality with a population of over 1,000,000.
11    (i) (Blank.)
12    The Board shall adopt regulations establishing the
13geologic and hydrologic siting criteria necessary to protect
14usable groundwater resources which are to be followed by the
15Agency in its review of permit applications for new pollution
16control facilities. Such regulations, insofar as they apply to
17new pollution control facilities authorized to store, treat or
18dispose of any hazardous waste, shall be at least as stringent
19as the requirements of the Resource Conservation and Recovery
20Act and any State or federal regulations adopted pursuant
21thereto.
22    (j) Any new pollution control facility which has never
23obtained local siting approval under the provisions of this
24Section shall be required to obtain such approval after a final
25decision on an appeal of a permit denial.
26    (k) A county board or governing body of a municipality may

 

 

09800SB1868sam005- 39 -LRB098 10672 JDS 44597 a

1charge applicants for siting review under this Section a
2reasonable fee to cover the reasonable and necessary costs
3incurred by such county or municipality in the siting review
4process.
5    (l) The governing Authority as determined by subsection (c)
6of Section 39 of this Act may request the Department of
7Transportation to perform traffic impact studies of proposed or
8potential locations for required pollution control facilities.
9    (m) An applicant may not file a request for local siting
10approval which is substantially the same as a request which was
11disapproved pursuant to a finding against the applicant under
12any of criteria (i) through (ix) of subsection (a) of this
13Section within the preceding 2 years.
14    (n) In any review proceeding of a decision of the county
15board or governing body of a municipality made pursuant to the
16local siting review process, the petitioner in the review
17proceeding shall pay to the county or municipality the cost of
18preparing and certifying the record of proceedings. Should the
19petitioner in the review proceeding fail to make payment, the
20provisions of Section 3-109 of the Code of Civil Procedure
21shall apply.
22    In the event the petitioner is a citizens' group that
23participated in the siting proceeding and is so located as to
24be affected by the proposed facility, such petitioner shall be
25exempt from paying the costs of preparing and certifying the
26record.

 

 

09800SB1868sam005- 40 -LRB098 10672 JDS 44597 a

1    (o) Notwithstanding any other provision of this Section, a
2transfer station used exclusively for landscape waste, where
3landscape waste is held no longer than 24 hours from the time
4it was received, is not subject to the requirements of local
5siting approval under this Section, but is subject only to
6local zoning approval.
7(Source: P.A. 94-591, eff. 8-15-05; 95-288, eff. 8-20-07.)".