Sen. Michael Noland

Filed: 4/14/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 1518, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Environmental Protection Act is amended by
6changing Section 3.330 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 accepts
18    exclusively general construction or demolition debris and
19    is operated and located in accordance with Section 22.38 of
20    this Act;
21        (14) the portion of a site or facility, located within
22    a unit of local government that has enacted local zoning
23    requirements, used to accept, separate, and process
24    uncontaminated broken concrete, with or without protruding
25    metal bars, provided that the uncontaminated broken
26    concrete and metal bars are not speculatively accumulated,



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



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



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1            setback of at least 200 feet from the nearest
2            potable water supply well.
3                (ii) The portion of the site or facility used
4            for the composting operation must be located
5            outside the boundary of the 10-year floodplain or
6            floodproofed.
7                (iii) Except in municipalities with more than
8            1,000,000 inhabitants, the portion of the site or
9            facility used for the composting operation must be
10            located at least one-eighth of a mile from the
11            nearest residence, other than a residence located
12            on the same property as the site or facility.
13                (iv) The portion of the site or facility used
14            for the composting operation must be located at
15            least one-eighth of a mile from the property line
16            of all of the following areas:
17                    (I) Facilities that primarily serve to
18                house or treat people that are
19                immunocompromised or immunosuppressed, such as
20                cancer or AIDS patients; people with asthma,
21                cystic fibrosis, or bioaerosol allergies; or
22                children under the age of one year.
23                    (II) Primary and secondary schools and
24                adjacent areas that the schools use for
25                recreation.
26                    (III) Any facility for child care licensed



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



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



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



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1        (23) until July 1, 2017, the portion of a site or
2    facility:
3            (A) that is used exclusively for the transfer of
4        commingled landscape waste and food scrap held at the
5        site or facility for no longer than 24 hours after
6        their receipt;
7            (B) that is located entirely within a home rule
8        unit having a population of either (i) not less than
9        100,000 and not more than 115,000 according to the 2010
10        federal census or (ii) not less than 5,000 and not more
11        than 10,000 according to the 2010 federal census;
12            (C) that is permitted, by the Agency, prior to
13        January 1, 2002, for the transfer of landscape waste;
14        and
15            (D) for which a permit application is submitted to
16        the Agency within 6 months after January 1, 2014 (the
17        effective date of Public Act 98-146) to modify an
18        existing permit for the transfer of landscape waste to
19        also include, on a demonstration basis not to exceed 24
20        18 months each time a permit is issued, the transfer of
21        commingled landscape waste and food scrap.
22    (b) A new pollution control facility is:
23        (1) a pollution control facility initially permitted
24    for development or construction after July 1, 1981; or
25        (2) the area of expansion beyond the boundary of a
26    currently permitted pollution control facility; or



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1        (3) a permitted pollution control facility requesting
2    approval to store, dispose of, transfer or incinerate, for
3    the first time, any special or hazardous waste.
4(Source: P.A. 97-333, eff. 8-12-11; 97-545, eff. 1-1-12;
598-146, eff. 1-1-14; 98-239, eff. 8-9-13; 98-756, eff. 7-16-14;
698-1130, eff. 1-1-15.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".