Illinois General Assembly - Full Text of HB1391
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Full Text of HB1391  98th General Assembly




HB1391 EngrossedLRB098 06709 JDS 36755 b

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 22.16b as follows:
6    (415 ILCS 5/22.16b)  (from Ch. 111 1/2, par. 1022.16b)
7    Sec. 22.16b. Municipal waste incinerators.
8    (a) Beginning January 1, 1991, the Agency shall assess and
9collect a fee from the owner or operator of each new municipal
10waste incinerator. The fee shall be calculated by applying the
11rates established from time to time for the disposal of solid
12waste at sanitary landfills under subdivision (b)(1) of Section
1322.15 to the total amount of municipal waste accepted for
14incineration at the new municipal waste incinerator. The
15exemptions provided by this Act to the fees imposed under
16subsection (b) of Section 22.15 shall not apply to the fee
17imposed by this Section.
18    The owner or operator of any new municipal waste
19incinerator permitted after January 1, 1990, but before July 1,
201990 by the Agency for the development or operation of a new
21municipal waste incinerator shall be exempt from this fee, but
22shall include the following conditions:
23        (1) The owner or operator shall provide information



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1    programs to those communities serviced by the owner or
2    operator concerning recycling and separation of waste not
3    suitable for incineration.
4        (2) The owner or operator shall provide information
5    programs to those communities serviced by the owner or
6    operator concerning the Agency's household hazardous waste
7    collection program and participation in that program.
8    For the purposes of this Section, "new municipal waste
9incinerator" means a municipal waste incinerator initially
10permitted for development or construction on or after January
111, 1990.
12    Amounts collected under this subsection shall be deposited
13into the Municipal Waste Incinerator Tax Fund, which is hereby
14established as an interest-bearing special fund in the State
15Treasury. Monies in the Fund may be used, subject to
17        (1) by the Department of Commerce and Economic
18    Opportunity to fund its public information programs on
19    recycling in those communities served by new municipal
20    waste incinerators; and
21        (2) by the Agency to fund its household hazardous waste
22    collection activities in those communities served by new
23    municipal waste incinerators.
24    (b) Any permit issued by the Agency for the development or
25operation of a new municipal waste incinerator shall include
26the following conditions:



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1        (1) The incinerator must be designed to provide
2    continuous monitoring while in operation, with direct
3    transmission of the resultant data to the Agency, until the
4    Agency determines the best available control technology
5    for monitoring the data. The Agency shall establish the
6    test methods, procedures and averaging periods, as
7    certified by the USEPA for solid waste incinerator units,
8    and the form and frequency of reports containing results of
9    the monitoring. Compliance and enforcement shall be based
10    on such reports. Copies of the results of such monitoring
11    shall be maintained on file at the facility concerned for
12    one year, and copies shall be made available for inspection
13    and copying by interested members of the public during
14    business hours.
15        (2) The facility shall comply with the emission limits
16    adopted by the Agency under subsection (c).
17        (3) The operator of the facility shall take reasonable
18    measures to ensure that waste accepted for incineration
19    complies with all legal requirements for incineration. The
20    incinerator operator shall establish contractual
21    requirements or other notification and inspection
22    procedures sufficient to assure compliance with this
23    subsection (b)(3) which may include, but not be limited to,
24    routine inspections of waste, lists of acceptable and
25    unacceptable waste provided to haulers and notification to
26    the Agency when the facility operator rejects and sends



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1    loads away. The notification shall contain at least the
2    name of the hauler and the site from where the load was
3    hauled.
4        (4) The operator may not accept for incineration any
5    waste generated or collected in a municipality that has not
6    implemented a recycling plan or is party to an implemented
7    county plan, consistent with State goals and objectives.
8    Such plans shall include provisions for collecting,
9    recycling or diverting from landfills and municipal
10    incinerators landscape waste, household hazardous waste
11    and batteries. Such provisions may be performed at the site
12    of the new municipal incinerator.
13    The Agency, after careful scrutiny of a permit application
14for the construction, development or operation of a new
15municipal waste incinerator, shall deny the permit if (i) the
16Agency finds in the permit application noncompliance with the
17laws and rules of the State, or (ii) the application indicates
18that the mandated air emissions standards will not be reached
19within six months of the proposed municipal waste incinerator
20beginning operation, (iii) the incinerator is located less than
21one and one-half miles from a public school, as defined in
22Section 21A-5 of the School Code, in a county with at least
23700,000 but not more than 900,000 inhabitants.
24    Beginning on the effective date of this amendatory Act of
25the 98th General Assembly, the Agency shall deny any
26application for the renewal or amendment of a permit for the



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1construction, development, or operation of a new municipal
2waste incinerator, or any other municipal waste incinerator, if
3the incinerator is located less than one and one-half miles
4from a public school, as defined in Section 21A-5 of the School
5Code, in a county with at least 700,000 but not more than
6900,000 inhabitants.
7    (c) The Agency shall adopt specific limitations on the
8emission of mercury, chromium, cadmium and lead, and good
9combustion practices, including temperature controls from
10municipal waste incinerators pursuant to Section 9.4 of the
12    (d) The Agency shall establish household hazardous waste
13collection centers in appropriate places in this State. The
14Agency may operate and maintain the centers itself or may
15contract with other parties for that purpose. The Agency shall
16ensure that the wastes collected are properly disposed of. The
17collection centers may charge fees for their services, not to
18exceed the costs incurred. Such collection centers shall not
19(i) be regulated as hazardous waste facilities under RCRA nor
20(ii) be subject to local siting approval under Section 39.2 if
21the local governing authority agrees to waive local siting
22approval procedures.
23(Source: P.A. 94-793, eff. 5-19-06.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.