Rep. Anna Moeller

Filed: 5/5/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 1518 by replacing
3everything after the enacting clause with the following:
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



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



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



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1    been designated as an Urban Round II Empowerment Zone by
2    the United States Department of Housing and Urban
3    Development, and that home rule unit of local government
4    has enacted an ordinance approving the location of the site
5    or facility and provided funding for the site or facility;
6    and (ii) in compliance with all applicable zoning
7    requirements;
8        (12) the portion of a site or facility utilizing coal
9    combustion waste for stabilization and treatment of only
10    waste generated on that site or facility when used in
11    connection with response actions pursuant to the federal
12    Comprehensive Environmental Response, Compensation, and
13    Liability Act of 1980, the federal Resource Conservation
14    and Recovery Act of 1976, or the Illinois Environmental
15    Protection Act or as authorized by the Agency;
16        (13) the portion of a site or facility that accepts
17    exclusively general construction or demolition debris and
18    is operated and located in accordance with Section 22.38 of
19    this Act;
20        (14) the portion of a site or facility, located within
21    a unit of local government that has enacted local zoning
22    requirements, used to accept, separate, and process
23    uncontaminated broken concrete, with or without protruding
24    metal bars, provided that the uncontaminated broken
25    concrete and metal bars are not speculatively accumulated,
26    are at the site or facility no longer than one year after



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



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1    energy recovery that accept and burn only wood material, as
2    included in a fuel specification approved by the Agency;
3        (18) a transfer station used exclusively for landscape
4    waste, including a transfer station where landscape waste
5    is ground to reduce its volume, where the landscape waste
6    is held no longer than 24 hours from the time it was
7    received;
8        (19) the portion of a site or facility that (i) is used
9    for the composting of food scrap, livestock waste, crop
10    residue, uncontaminated wood waste, or paper waste,
11    including, but not limited to, corrugated paper or
12    cardboard, and (ii) meets all of the following
13    requirements:
14            (A) There must not be more than a total of 30,000
15        cubic yards of livestock waste in raw form or in the
16        process of being composted at the site or facility at
17        any one time.
18            (B) All food scrap, livestock waste, crop residue,
19        uncontaminated wood waste, and paper waste must, by the
20        end of each operating day, be processed and placed into
21        an enclosed vessel in which air flow and temperature
22        are controlled, or all of the following additional
23        requirements must be met:
24                (i) The portion of the site or facility used
25            for the composting operation must include a
26            setback of at least 200 feet from the nearest



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



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



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1        to the features for which:
2                (i) an irreplaceable historic or
3            archaeological site has been listed under the
4            National Historic Preservation Act (16 U.S.C. 470
5            et seq.) or the Illinois Historic Preservation
6            Act;
7                (ii) a natural landmark has been designated by
8            the National Park Service or the Illinois State
9            Historic Preservation Office; or
10                (iii) a natural area has been designated as a
11            Dedicated Illinois Nature Preserve under the
12            Illinois Natural Areas Preservation Act.
13            (G) The site or facility must not be located in an
14        area where it may jeopardize the continued existence of
15        any designated endangered species, result in the
16        destruction or adverse modification of the critical
17        habitat for such species, or cause or contribute to the
18        taking of any endangered or threatened species of
19        plant, fish, or wildlife listed under the Endangered
20        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
21        Endangered Species Protection Act;
22        (20) the portion of a site or facility that is located
23    entirely within a home rule unit having a population of no
24    less than 120,000 and no more than 135,000, according to
25    the 2000 federal census, and that meets all of the
26    following requirements:



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1            (i) the portion of the site or facility is used
2        exclusively to perform testing of a thermochemical
3        conversion technology using only woody biomass,
4        collected as landscape waste within the boundaries of
5        the home rule unit, as the hydrocarbon feedstock for
6        the production of synthetic gas in accordance with
7        Section 39.9 of this Act;
8            (ii) the portion of the site or facility is in
9        compliance with all applicable zoning requirements;
10        and
11            (iii) a complete application for a demonstration
12        permit at the portion of the site or facility has been
13        submitted to the Agency in accordance with Section 39.9
14        of this Act within one year after July 27, 2010 (the
15        effective date of Public Act 96-1314);
16        (21) the portion of a site or facility used to perform
17    limited testing of a gasification conversion technology in
18    accordance with Section 39.8 of this Act and for which a
19    complete permit application has been submitted to the
20    Agency prior to one year from April 9, 2010 (the effective
21    date of Public Act 96-887);
22        (22) the portion of a site or facility that is used to
23    incinerate only pharmaceuticals from residential sources
24    that are collected and transported by law enforcement
25    agencies under Section 17.9A of this Act; and
26        (23) until July 1, 2017, the portion of a site or



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1    facility:
2            (A) that is used exclusively for the transfer of
3        commingled landscape waste and food scrap held at the
4        site or facility for no longer than 24 hours after
5        their receipt;
6            (B) that is located entirely within a home rule
7        unit having a population of either (i) not less than
8        100,000 and not more than 115,000 according to the 2010
9        federal census or (ii) not less than 5,000 and not more
10        than 10,000 according to the 2010 federal census or
11        that is located in the unincorporated area of a county
12        having a population of not less than 700,000 and not
13        more than 705,0000 according to the 2010 federal
14        census;
15            (C) that is permitted, by the Agency, prior to
16        January 1, 2002, for the transfer of landscape waste if
17        located in a home rule unit or that is permitted prior
18        to January 1, 2008 if located in an unincorporated area
19        of a county; and
20            (D) for which a permit application is submitted to
21        the Agency within 6 months after January 1, 2014 (the
22        effective date of Public Act 98-146) to modify an
23        existing permit for the transfer of landscape waste to
24        also include, on a demonstration basis not to exceed 24
25        18 months each time a permit is issued, the transfer of
26        commingled landscape waste and food scrap or for which



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1        a permit application is submitted to the Agency within
2        6 months after January 1, 2016.
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.
11(Source: P.A. 97-333, eff. 8-12-11; 97-545, eff. 1-1-12;
1298-146, eff. 1-1-14; 98-239, eff. 8-9-13; 98-756, eff. 7-16-14;
1398-1130, eff. 1-1-15.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".