State of Illinois
2013 and 2014


Introduced 2/4/2014, by Sen. Andy Manar


415 ILCS 5/3.330  was 415 ILCS 5/3.32

    Amends the Environmental Protection Act. Provides that the portion of a site or facility that accepts exclusively general construction or demolition debris and is operated and located in accordance with a specified provision of the Act is not a pollution control facility (previously required the facility to be located in a county with a population over 3,000,000 as of January 1, 2000 or in a county that is contiguous to such a county to fall under the exemption).

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1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing Section 3.330 as follows:
6    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
7    Sec. 3.330. Pollution control facility.
8    (a) "Pollution control facility" is any waste storage site,
9sanitary landfill, waste disposal site, waste transfer
10station, waste treatment facility, or waste incinerator. This
11includes sewers, sewage treatment plants, and any other
12facilities owned or operated by sanitary districts organized
13under the Metropolitan Water Reclamation District Act.
14    The following are not pollution control facilities:
15        (1) (blank);
16        (2) waste storage sites regulated under 40 CFR, Part
17    761.42;
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



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1    owned, controlled or operated by such person, or when such
2    wastes are transported within or between sites or
3    facilities owned, controlled or operated by such person;
4        (4) sites or facilities at which the State is
5    performing removal or remedial action pursuant to Section
6    22.2 or 55.3;
7        (5) abandoned quarries used solely for the disposal of
8    concrete, earth materials, gravel, or aggregate debris
9    resulting from road construction activities conducted by a
10    unit of government or construction activities due to the
11    construction and installation of underground pipes, lines,
12    conduit or wires off of the premises of a public utility
13    company which are conducted by a public utility;
14        (6) sites or facilities used by any person to
15    specifically conduct a landscape composting operation;
16        (7) regional facilities as defined in the Central
17    Midwest Interstate Low-Level Radioactive Waste Compact;
18        (8) the portion of a site or facility where coal
19    combustion wastes are stored or disposed of in accordance
20    with subdivision (r)(2) or (r)(3) of Section 21;
21        (9) the portion of a site or facility used for the
22    collection, storage or processing of waste tires as defined
23    in Title XIV;
24        (10) the portion of a site or facility used for
25    treatment of petroleum contaminated materials by
26    application onto or incorporation into the soil surface and



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1    any portion of that site or facility used for storage of
2    petroleum contaminated materials before treatment. Only
3    those categories of petroleum listed in Section 57.9(a)(3)
4    are exempt under this subdivision (10);
5        (11) the portion of a site or facility where used oil
6    is collected or stored prior to shipment to a recycling or
7    energy recovery facility, provided that the used oil is
8    generated by households or commercial establishments, and
9    the site or facility is a recycling center or a business
10    where oil or gasoline is sold at retail;
11        (11.5) processing sites or facilities that receive
12    only on-specification used oil, as defined in 35 Ill.
13    Admin. Code 739, originating from used oil collectors for
14    processing that is managed under 35 Ill. Admin. Code 739 to
15    produce products for sale to off-site petroleum
16    facilities, if these processing sites or facilities are:
17    (i) located within a home rule unit of local government
18    with a population of at least 30,000 according to the 2000
19    federal census, that home rule unit of local government has
20    been designated as an Urban Round II Empowerment Zone by
21    the United States Department of Housing and Urban
22    Development, and that home rule unit of local government
23    has enacted an ordinance approving the location of the site
24    or facility and provided funding for the site or facility;
25    and (ii) in compliance with all applicable zoning
26    requirements;



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1        (12) the portion of a site or facility utilizing coal
2    combustion waste for stabilization and treatment of only
3    waste generated on that site or facility when used in
4    connection with response actions pursuant to the federal
5    Comprehensive Environmental Response, Compensation, and
6    Liability Act of 1980, the federal Resource Conservation
7    and Recovery Act of 1976, or the Illinois Environmental
8    Protection Act or as authorized by the Agency;
9        (13) the portion of a site or facility that (i) accepts
10    exclusively general construction or demolition debris,
11    (ii) is located in a county with a population over
12    3,000,000 as of January 1, 2000 or in a county that is
13    contiguous to such a county, and (iii) is operated and
14    located in accordance with Section 22.38 of this Act;
15        (14) the portion of a site or facility, located within
16    a unit of local government that has enacted local zoning
17    requirements, used to accept, separate, and process
18    uncontaminated broken concrete, with or without protruding
19    metal bars, provided that the uncontaminated broken
20    concrete and metal bars are not speculatively accumulated,
21    are at the site or facility no longer than one year after
22    their acceptance, and are returned to the economic
23    mainstream in the form of raw materials or products;
24        (15) the portion of a site or facility located in a
25    county with a population over 3,000,000 that has obtained
26    local siting approval under Section 39.2 of this Act for a



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1    municipal waste incinerator on or before July 1, 2005 and
2    that is used for a non-hazardous waste transfer station;
3        (16) a site or facility that temporarily holds in
4    transit for 10 days or less, non-putrescible solid waste in
5    original containers, no larger in capacity than 500
6    gallons, provided that such waste is further transferred to
7    a recycling, disposal, treatment, or storage facility on a
8    non-contiguous site and provided such site or facility
9    complies with the applicable 10-day transfer requirements
10    of the federal Resource Conservation and Recovery Act of
11    1976 and United States Department of Transportation
12    hazardous material requirements. For purposes of this
13    Section only, "non-putrescible solid waste" means waste
14    other than municipal garbage that does not rot or become
15    putrid, including, but not limited to, paints, solvent,
16    filters, and absorbents;
17        (17) the portion of a site or facility located in a
18    county with a population greater than 3,000,000 that has
19    obtained local siting approval, under Section 39.2 of this
20    Act, for a municipal waste incinerator on or before July 1,
21    2005 and that is used for wood combustion facilities for
22    energy recovery that accept and burn only wood material, as
23    included in a fuel specification approved by the Agency;
24        (18) a transfer station used exclusively for landscape
25    waste, including a transfer station where landscape waste
26    is ground to reduce its volume, where the landscape waste



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1    is held no longer than 24 hours from the time it was
2    received;
3        (19) the portion of a site or facility that (i) is used
4    for the composting of food scrap, livestock waste, crop
5    residue, uncontaminated wood waste, or paper waste,
6    including, but not limited to, corrugated paper or
7    cardboard, and (ii) meets all of the following
8    requirements:
9            (A) There must not be more than a total of 30,000
10        cubic yards of livestock waste in raw form or in the
11        process of being composted at the site or facility at
12        any one time.
13            (B) All food scrap, livestock waste, crop residue,
14        uncontaminated wood waste, and paper waste must, by the
15        end of each operating day, be processed and placed into
16        an enclosed vessel in which air flow and temperature
17        are controlled, or all of the following additional
18        requirements must be met:
19                (i) The portion of the site or facility used
20            for the composting operation must include a
21            setback of at least 200 feet from the nearest
22            potable water supply well.
23                (ii) The portion of the site or facility used
24            for the composting operation must be located
25            outside the boundary of the 10-year floodplain or
26            floodproofed.



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1                (iii) Except in municipalities with more than
2            1,000,000 inhabitants, the portion of the site or
3            facility used for the composting operation must be
4            located at least one-eighth of a mile from the
5            nearest residence, other than a residence located
6            on the same property as the site or facility.
7                (iv) The portion of the site or facility used
8            for the composting operation must be located at
9            least one-eighth of a mile from the property line
10            of all of the following areas:
11                    (I) Facilities that primarily serve to
12                house or treat people that are
13                immunocompromised or immunosuppressed, such as
14                cancer or AIDS patients; people with asthma,
15                cystic fibrosis, or bioaerosol allergies; or
16                children under the age of one year.
17                    (II) Primary and secondary schools and
18                adjacent areas that the schools use for
19                recreation.
20                    (III) Any facility for child care licensed
21                under Section 3 of the Child Care Act of 1969;
22                preschools; and adjacent areas that the
23                facilities or preschools use for recreation.
24                (v) By the end of each operating day, all food
25            scrap, livestock waste, crop residue,
26            uncontaminated wood waste, and paper waste must be



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1            (i) processed into windrows or other piles and (ii)
2            covered in a manner that prevents scavenging by
3            birds and animals and that prevents other
4            nuisances.
5            (C) Food scrap, livestock waste, crop residue,
6        uncontaminated wood waste, paper waste, and compost
7        must not be placed within 5 feet of the water table.
8            (D) The site or facility must meet all of the
9        requirements of the Wild and Scenic Rivers Act (16
10        U.S.C. 1271 et seq.).
11            (E) The site or facility must not (i) restrict the
12        flow of a 100-year flood, (ii) result in washout of
13        food scrap, livestock waste, crop residue,
14        uncontaminated wood waste, or paper waste from a
15        100-year flood, or (iii) reduce the temporary water
16        storage capacity of the 100-year floodplain, unless
17        measures are undertaken to provide alternative storage
18        capacity, such as by providing lagoons, holding tanks,
19        or drainage around structures at the facility.
20            (F) The site or facility must not be located in any
21        area where it may pose a threat of harm or destruction
22        to the features for which:
23                (i) an irreplaceable historic or
24            archaeological site has been listed under the
25            National Historic Preservation Act (16 U.S.C. 470
26            et seq.) or the Illinois Historic Preservation



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1            Act;
2                (ii) a natural landmark has been designated by
3            the National Park Service or the Illinois State
4            Historic Preservation Office; or
5                (iii) a natural area has been designated as a
6            Dedicated Illinois Nature Preserve under the
7            Illinois Natural Areas Preservation Act.
8            (G) The site or facility must not be located in an
9        area where it may jeopardize the continued existence of
10        any designated endangered species, result in the
11        destruction or adverse modification of the critical
12        habitat for such species, or cause or contribute to the
13        taking of any endangered or threatened species of
14        plant, fish, or wildlife listed under the Endangered
15        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
16        Endangered Species Protection Act;
17        (20) the portion of a site or facility that is located
18    entirely within a home rule unit having a population of no
19    less than 120,000 and no more than 135,000, according to
20    the 2000 federal census, and that meets all of the
21    following requirements:
22                (i) the portion of the site or facility is used
23            exclusively to perform testing of a thermochemical
24            conversion technology using only woody biomass,
25            collected as landscape waste within the boundaries
26            of the home rule unit, as the hydrocarbon feedstock



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1            for the production of synthetic gas in accordance
2            with Section 39.9 of this Act;
3                (ii) the portion of the site or facility is in
4            compliance with all applicable zoning
5            requirements; and
6                (iii) a complete application for a
7            demonstration permit at the portion of the site or
8            facility has been submitted to the Agency in
9            accordance with Section 39.9 of this Act within one
10            year after July 27, 2010 (the effective date of
11            Public Act 96-1314);
12        (21) the portion of a site or facility used to perform
13    limited testing of a gasification conversion technology in
14    accordance with Section 39.8 of this Act and for which a
15    complete permit application has been submitted to the
16    Agency prior to one year from April 9, 2010 (the effective
17    date of Public Act 96-887);
18        (22) the portion of a site or facility that is used to
19    incinerate only pharmaceuticals from residential sources
20    that are collected and transported by law enforcement
21    agencies under Section 17.9A of this Act; and
22        (23) until July 1, 2017, the portion of a site or
23    facility:
24            (A) that is used exclusively for the transfer of
25        commingled landscape waste and food scrap held at the
26        site or facility for no longer than 24 hours after



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1        their receipt;
2            (B) that is located entirely within a home rule
3        unit having a population of either (i) not less than
4        100,000 and not more than 115,000 according to the 2010
5        federal census or (ii) not less than 5,000 and not more
6        than 10,000 according to the 2010 federal census;
7            (C) that is permitted, by the Agency, prior to
8        January 1, 2002, for the transfer of landscape waste;
9        and
10            (D) for which a permit application is submitted to
11        the Agency within 6 months after January 1, 2014 (the
12        effective date of Public Act 98-146) this amendatory
13        Act of the 98th General Assembly to modify an existing
14        permit for the transfer of landscape waste to also
15        include, on a demonstration basis not to exceed 18
16        months, the transfer of commingled landscape waste and
17        food scrap.
18    (b) A new pollution control facility is:
19        (1) a pollution control facility initially permitted
20    for development or construction after July 1, 1981; or
21        (2) the area of expansion beyond the boundary of a
22    currently permitted pollution control facility; or
23        (3) a permitted pollution control facility requesting
24    approval to store, dispose of, transfer or incinerate, for
25    the first time, any special or hazardous waste.
26(Source: P.A. 97-333, eff. 8-12-11; 97-545, eff. 1-1-12;



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198-146, eff. 1-1-14; 98-239, eff. 8-9-13; revised 9-19-13.)