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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 accepts
10    exclusively general construction or demolition debris and
11    is operated and located in accordance with Section 22.38 of
12    this Act;
13        (14) the portion of a site or facility, located within
14    a unit of local government that has enacted local zoning
15    requirements, used to accept, separate, and process
16    uncontaminated broken concrete, with or without protruding
17    metal bars, provided that the uncontaminated broken
18    concrete and metal bars are not speculatively accumulated,
19    are at the site or facility no longer than one year after
20    their acceptance, and are returned to the economic
21    mainstream in the form of raw materials or products;
22        (15) the portion of a site or facility located in a
23    county with a population over 3,000,000 that has obtained
24    local siting approval under Section 39.2 of this Act for a
25    municipal waste incinerator on or before July 1, 2005 and
26    that is used for a non-hazardous waste transfer station;



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



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1        (19) the portion of a site or facility that (i) is used
2    for the composting of food scrap, livestock waste, crop
3    residue, uncontaminated wood waste, or paper waste,
4    including, but not limited to, corrugated paper or
5    cardboard, and (ii) meets all of the following
6    requirements:
7            (A) There must not be more than a total of 30,000
8        cubic yards of livestock waste in raw form or in the
9        process of being composted at the site or facility at
10        any one time.
11            (B) All food scrap, livestock waste, crop residue,
12        uncontaminated wood waste, and paper waste must, by the
13        end of each operating day, be processed and placed into
14        an enclosed vessel in which air flow and temperature
15        are controlled, or all of the following additional
16        requirements must be met:
17                (i) The portion of the site or facility used
18            for the composting operation must include a
19            setback of at least 200 feet from the nearest
20            potable water supply well.
21                (ii) The portion of the site or facility used
22            for the composting operation must be located
23            outside the boundary of the 10-year floodplain or
24            floodproofed.
25                (iii) Except in municipalities with more than
26            1,000,000 inhabitants, the portion of the site or



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



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



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1            the National Park Service or the Illinois State
2            Historic Preservation Office; or
3                (iii) a natural area has been designated as a
4            Dedicated Illinois Nature Preserve under the
5            Illinois Natural Areas Preservation Act.
6            (G) The site or facility must not be located in an
7        area where it may jeopardize the continued existence of
8        any designated endangered species, result in the
9        destruction or adverse modification of the critical
10        habitat for such species, or cause or contribute to the
11        taking of any endangered or threatened species of
12        plant, fish, or wildlife listed under the Endangered
13        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
14        Endangered Species Protection Act;
15        (20) the portion of a site or facility that is located
16    entirely within a home rule unit having a population of no
17    less than 120,000 and no more than 135,000, according to
18    the 2000 federal census, and that meets all of the
19    following requirements:
20            (i) the portion of the site or facility is used
21        exclusively to perform testing of a thermochemical
22        conversion technology using only woody biomass,
23        collected as landscape waste within the boundaries of
24        the home rule unit, as the hydrocarbon feedstock for
25        the production of synthetic gas in accordance with
26        Section 39.9 of this Act;



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1            (ii) the portion of the site or facility is in
2        compliance with all applicable zoning requirements;
3        and
4            (iii) a complete application for a demonstration
5        permit at the portion of the site or facility has been
6        submitted to the Agency in accordance with Section 39.9
7        of this Act within one year after July 27, 2010 (the
8        effective date of Public Act 96-1314);
9        (21) the portion of a site or facility used to perform
10    limited testing of a gasification conversion technology in
11    accordance with Section 39.8 of this Act and for which a
12    complete permit application has been submitted to the
13    Agency prior to one year from April 9, 2010 (the effective
14    date of Public Act 96-887);
15        (22) the portion of a site or facility that is used to
16    incinerate only pharmaceuticals from residential sources
17    that are collected and transported by law enforcement
18    agencies under Section 17.9A of this Act; and
19        (23) until July 1, 2017, the portion of a site or
20    facility:
21            (A) that is used exclusively for the transfer of
22        commingled landscape waste and food scrap held at the
23        site or facility for no longer than 24 hours after
24        their receipt;
25            (B) that is located entirely within a home rule
26        unit having a population of either (i) not less than



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1        100,000 and not more than 115,000 according to the 2010
2        federal census or (ii) not less than 5,000 and not more
3        than 10,000 according to the 2010 federal census or
4        that is located in the unincorporated area of a county
5        having a population of not less than 700,000 and not
6        more than 705,000 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 if
9        located in a home rule unit or that is permitted prior
10        to January 1, 2008 if located in an unincorporated area
11        of a county; and
12            (D) for which a permit application is submitted to
13        the Agency within 6 months after January 1, 2014 (the
14        effective date of Public Act 98-146) to modify an
15        existing permit for the transfer of landscape waste to
16        also include, on a demonstration basis not to exceed 24
17        18 months each time a permit is issued, the transfer of
18        commingled landscape waste and food scrap or for which
19        a permit application is submitted to the Agency within
20        6 months after January 1, 2016.
21    (b) A new pollution control facility is:
22        (1) a pollution control facility initially permitted
23    for development or construction after July 1, 1981; or
24        (2) the area of expansion beyond the boundary of a
25    currently permitted pollution control facility; or
26        (3) a permitted pollution control facility requesting



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1    approval to store, dispose of, transfer or incinerate, for
2    the first time, any special or hazardous waste.
3(Source: P.A. 97-333, eff. 8-12-11; 97-545, eff. 1-1-12;
498-146, eff. 1-1-14; 98-239, eff. 8-9-13; 98-756, eff. 7-16-14;
598-1130, eff. 1-1-15.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.