Full Text of HB2335 98th General Assembly
HB2335enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Sections 3.330, 21, 22.33, and 22.34 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, | 9 | | sanitary
landfill, waste disposal site, waste transfer | 10 | | station, waste treatment
facility, or waste incinerator. This | 11 | | includes sewers, sewage treatment
plants, and any other | 12 | | facilities owned or operated by sanitary districts
organized | 13 | | under 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 The portion of the site | 3 | | or facility used for the composting operation must | 4 | | be 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); and
| 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. | 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. 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; | 5 | | 96-887, eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff. | 6 | | 7-16-10; 96-1314, eff. 7-27-10; 97-333, eff. 8-12-11; 97-545, | 7 | | eff. 1-1-12.)
| 8 | | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
| 9 | | Sec. 21. Prohibited acts. No person shall:
| 10 | | (a) Cause or allow the open dumping of any waste.
| 11 | | (b) Abandon, dump, or deposit any waste upon the public | 12 | | highways or
other public property, except in a sanitary | 13 | | landfill approved by the
Agency pursuant to regulations adopted | 14 | | by the Board.
| 15 | | (c) Abandon any vehicle in violation of the "Abandoned | 16 | | Vehicles
Amendment to the Illinois Vehicle Code", as enacted by | 17 | | the 76th General
Assembly.
| 18 | | (d) Conduct any waste-storage, waste-treatment, or | 19 | | waste-disposal
operation:
| 20 | | (1) without a permit granted by the Agency or in | 21 | | violation of any
conditions imposed by such permit, | 22 | | including periodic reports and full
access to adequate | 23 | | records and the inspection of facilities, as may be
| 24 | | necessary to assure compliance with this Act and with | 25 | | regulations and
standards adopted thereunder; provided, |
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| 1 | | however, that, except for municipal
solid waste landfill | 2 | | units that receive waste on or after October 9, 1993,
no | 3 | | permit shall be
required for (i) any person conducting a | 4 | | waste-storage, waste-treatment, or
waste-disposal | 5 | | operation for wastes generated by such person's own
| 6 | | activities which are stored, treated, or disposed within | 7 | | the site where
such wastes are generated, or (ii)
a | 8 | | facility located in a county with a
population over 700,000 | 9 | | as of January 1, 2000, operated and located in accordance | 10 | | with
Section 22.38 of this Act, and used exclusively for | 11 | | the transfer, storage, or
treatment of general | 12 | | construction or demolition debris, provided that the | 13 | | facility was receiving construction or demolition debris | 14 | | on the effective date of this amendatory Act of the 96th | 15 | | General Assembly;
| 16 | | (2) in violation of any regulations or standards | 17 | | adopted by the
Board under this Act; or
| 18 | | (3) which receives waste after August 31, 1988, does | 19 | | not have a permit
issued by the Agency, and is (i) a | 20 | | landfill used exclusively for the
disposal of waste | 21 | | generated at the site, (ii) a surface impoundment
receiving | 22 | | special waste not listed in an NPDES permit, (iii) a waste | 23 | | pile
in which the total volume of waste is greater than 100 | 24 | | cubic yards or the
waste is stored for over one year, or | 25 | | (iv) a land treatment facility
receiving special waste | 26 | | generated at the site; without giving notice of the
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| 1 | | operation to the Agency by January 1, 1989, or 30 days | 2 | | after the date on
which the operation commences, whichever | 3 | | is later, and every 3 years
thereafter. The form for such | 4 | | notification shall be specified by the
Agency, and shall be | 5 | | limited to information regarding: the name and address
of | 6 | | the location of the operation; the type of operation; the | 7 | | types and
amounts of waste stored, treated or disposed of | 8 | | on an annual basis; the
remaining capacity of the | 9 | | operation; and the remaining expected life of
the | 10 | | operation.
| 11 | | Item (3) of this subsection (d) shall not apply to any | 12 | | person
engaged in agricultural activity who is disposing of a | 13 | | substance that
constitutes solid waste, if the substance was | 14 | | acquired for use by that
person on his own property, and the | 15 | | substance is disposed of on his own
property in accordance with | 16 | | regulations or standards adopted by the Board.
| 17 | | This subsection (d) shall not apply to hazardous waste.
| 18 | | (e) Dispose, treat, store or abandon any waste, or | 19 | | transport any waste
into this State for disposal, treatment, | 20 | | storage or abandonment, except at
a site or facility which | 21 | | meets the requirements of this Act and of
regulations and | 22 | | standards thereunder.
| 23 | | (f) Conduct any hazardous waste-storage, hazardous | 24 | | waste-treatment or
hazardous waste-disposal operation:
| 25 | | (1) without a RCRA permit for the site issued by the | 26 | | Agency under
subsection (d) of Section 39 of this Act, or |
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| 1 | | in violation of any condition
imposed by such permit, | 2 | | including periodic reports and full access to
adequate | 3 | | records and the inspection of facilities, as may be | 4 | | necessary to
assure compliance with this Act and with | 5 | | regulations and standards adopted
thereunder; or
| 6 | | (2) in violation of any regulations or standards | 7 | | adopted by the Board
under this Act; or
| 8 | | (3) in violation of any RCRA permit filing requirement | 9 | | established under
standards adopted by the Board under this | 10 | | Act; or
| 11 | | (4) in violation of any order adopted by the Board | 12 | | under this Act.
| 13 | | Notwithstanding the above, no RCRA permit shall be required | 14 | | under this
subsection or subsection (d) of Section 39 of this | 15 | | Act for any
person engaged in agricultural activity who is | 16 | | disposing of a substance
which has been identified as a | 17 | | hazardous waste, and which has been
designated by Board | 18 | | regulations as being subject to this exception, if the
| 19 | | substance was acquired for use by that person on his own | 20 | | property and the
substance is disposed of on his own property | 21 | | in accordance with regulations
or standards adopted by the | 22 | | Board.
| 23 | | (g) Conduct any hazardous waste-transportation operation:
| 24 | | (1) without registering with and obtaining a special | 25 | | waste hauling permit from the Agency in
accordance with the | 26 | | regulations adopted by the Board under this Act; or
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| 1 | | (2) in violation of any regulations or standards | 2 | | adopted by
the
Board under this Act.
| 3 | | (h) Conduct any hazardous waste-recycling or hazardous | 4 | | waste-reclamation
or hazardous waste-reuse operation in | 5 | | violation of any regulations, standards
or permit requirements | 6 | | adopted by the Board under this Act.
| 7 | | (i) Conduct any process or engage in any act which produces | 8 | | hazardous
waste in violation of any regulations or standards | 9 | | adopted by the Board
under subsections (a) and (c) of Section | 10 | | 22.4 of this Act.
| 11 | | (j) Conduct any special waste transportation operation in | 12 | | violation
of any regulations, standards or permit requirements | 13 | | adopted by the Board
under this Act. However, sludge from a | 14 | | water or sewage treatment plant
owned and operated by a unit of | 15 | | local government which (1) is subject to a
sludge management | 16 | | plan approved by the Agency or a permit granted by the
Agency, | 17 | | and (2) has been tested and determined not to be a hazardous | 18 | | waste
as required by applicable State and federal laws and | 19 | | regulations, may be
transported in this State without a special | 20 | | waste hauling permit, and the
preparation and carrying of a | 21 | | manifest shall not be required for such
sludge under the rules | 22 | | of the Pollution Control Board. The unit of local
government | 23 | | which operates the treatment plant producing such sludge shall
| 24 | | file a semiannual report with the Agency identifying the volume | 25 | | of such
sludge transported during the reporting period, the | 26 | | hauler of the sludge,
and the disposal sites to which it was |
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| 1 | | transported. This subsection (j)
shall not apply to hazardous | 2 | | waste.
| 3 | | (k) Fail or refuse to pay any fee imposed under this Act.
| 4 | | (l) Locate a hazardous waste disposal site above an active | 5 | | or
inactive shaft or tunneled mine or within 2 miles of an | 6 | | active fault in
the earth's crust. In counties of population | 7 | | less than 225,000 no
hazardous waste disposal site shall be | 8 | | located (1) within 1 1/2 miles of
the corporate limits as | 9 | | defined on June 30, 1978, of any municipality
without the | 10 | | approval of the governing body of the municipality in an
| 11 | | official action; or (2) within 1000 feet of an existing private | 12 | | well or
the existing source of a public water supply measured | 13 | | from the boundary
of the actual active permitted site and | 14 | | excluding existing private wells
on the property of the permit | 15 | | applicant. The provisions of this
subsection do not apply to | 16 | | publicly-owned sewage works or the disposal
or utilization of | 17 | | sludge from publicly-owned sewage works.
| 18 | | (m) Transfer interest in any land which has been used as a
| 19 | | hazardous waste disposal site without written notification to | 20 | | the Agency
of the transfer and to the transferee of the | 21 | | conditions imposed by the Agency
upon its use under subsection | 22 | | (g) of Section 39.
| 23 | | (n) Use any land which has been used as a hazardous waste
| 24 | | disposal site except in compliance with conditions imposed by | 25 | | the Agency
under subsection (g) of Section 39.
| 26 | | (o) Conduct a sanitary landfill operation which is required |
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| 1 | | to have a
permit under subsection (d) of this Section, in a | 2 | | manner which results in
any of the following conditions:
| 3 | | (1) refuse in standing or flowing waters;
| 4 | | (2) leachate flows entering waters of the State;
| 5 | | (3) leachate flows exiting the landfill confines (as | 6 | | determined by the
boundaries established for the landfill | 7 | | by a permit issued by the Agency);
| 8 | | (4) open burning of refuse in violation of Section 9 of | 9 | | this Act;
| 10 | | (5) uncovered refuse remaining from any previous | 11 | | operating day or at the
conclusion of any operating day, | 12 | | unless authorized by permit;
| 13 | | (6) failure to provide final cover within time limits | 14 | | established by
Board regulations;
| 15 | | (7) acceptance of wastes without necessary permits;
| 16 | | (8) scavenging as defined by Board regulations;
| 17 | | (9) deposition of refuse in any unpermitted portion of | 18 | | the landfill;
| 19 | | (10) acceptance of a special waste without a required | 20 | | manifest;
| 21 | | (11) failure to submit reports required by permits or | 22 | | Board regulations;
| 23 | | (12) failure to collect and contain litter from the | 24 | | site by the end of
each operating day;
| 25 | | (13) failure to submit any cost estimate for the site | 26 | | or any performance
bond or other security for the site as |
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| 1 | | required by this Act or Board rules.
| 2 | | The prohibitions specified in this subsection (o) shall be | 3 | | enforceable by
the Agency either by administrative citation | 4 | | under Section 31.1 of this Act
or as otherwise provided by this | 5 | | Act. The specific prohibitions in this
subsection do not limit | 6 | | the power of the Board to establish regulations
or standards | 7 | | applicable to sanitary landfills.
| 8 | | (p) In violation of subdivision (a) of this Section, cause | 9 | | or allow the
open dumping of any waste in a manner which | 10 | | results in any of the following
occurrences at the dump site:
| 11 | | (1) litter;
| 12 | | (2) scavenging;
| 13 | | (3) open burning;
| 14 | | (4) deposition of waste in standing or flowing waters;
| 15 | | (5) proliferation of disease vectors;
| 16 | | (6) standing or flowing liquid discharge from the dump | 17 | | site;
| 18 | | (7) deposition of:
| 19 | | (i) general construction or demolition debris as | 20 | | defined in Section
3.160(a) of this Act; or
| 21 | | (ii) clean construction or demolition debris as | 22 | | defined in Section
3.160(b) of this Act.
| 23 | | The prohibitions specified in this subsection (p) shall be
| 24 | | enforceable by the Agency either by administrative citation | 25 | | under Section
31.1 of this Act or as otherwise provided by this | 26 | | Act. The specific
prohibitions in this subsection do not limit |
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| 1 | | the power of the Board to
establish regulations or standards | 2 | | applicable to open dumping.
| 3 | | (q) Conduct a landscape waste composting operation without | 4 | | an Agency
permit, provided, however, that no permit shall be | 5 | | required for any person:
| 6 | | (1) conducting a landscape waste composting operation | 7 | | for landscape
wastes generated by such person's own | 8 | | activities which are stored, treated ,
or disposed of within | 9 | | the site where such wastes are generated; or
| 10 | | (1.5) conducting a landscape waste composting | 11 | | operation that (i) has no more than 25 cubic yards of | 12 | | landscape waste, composting additives, composting | 13 | | material, or end-product compost on-site at any one time | 14 | | and (ii) is not engaging in commercial activity; or
| 15 | | (2) applying landscape waste or composted landscape | 16 | | waste at agronomic
rates; or
| 17 | | (2.5) operating a landscape waste composting facility | 18 | | at a site having 10 or more occupied non-farm residences | 19 | | within 1/2 mile of its boundaries, if the facility meets | 20 | | all of the following criteria: | 21 | | (A) the composting facility is operated by the | 22 | | farmer on property on which the composting material is | 23 | | utilized, and the composting facility
constitutes no | 24 | | more than 2% of the site's total acreage; | 25 | | (A-5) any composting additives that the composting | 26 | | facility accepts and uses at the facility are necessary |
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| 1 | | to provide proper conditions for composting and do not | 2 | | exceed 10% of the total composting material at the | 3 | | facility at any one time; | 4 | | (B) the property on which the composting facility | 5 | | is located, and any associated property on which the | 6 | | compost is used, is principally and diligently devoted | 7 | | to the production of agricultural crops and is not | 8 | | owned, leased, or otherwise controlled by any waste | 9 | | hauler or generator of nonagricultural compost | 10 | | materials, and the operator of the composting facility | 11 | | is not an employee, partner, shareholder, or in any way | 12 | | connected with or controlled by any such waste hauler | 13 | | or generator; | 14 | | (C) all compost generated by the composting | 15 | | facility is applied at agronomic rates and used as | 16 | | mulch, fertilizer, or soil conditioner on land | 17 | | actually farmed by the person operating the composting | 18 | | facility, and the finished compost is not stored at the | 19 | | composting site for a period longer than 18 months | 20 | | prior to its application as mulch, fertilizer, or soil | 21 | | conditioner; | 22 | | (D) no fee is charged for the acceptance of | 23 | | materials to be composted at the facility; and | 24 | | (E) the owner or operator, by January 1, 2014 (or | 25 | | the January 1
following commencement of operation, | 26 | | whichever is later) and January 1 of
each year |
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| 1 | | thereafter, registers the site with the Agency, (ii) | 2 | | reports to the Agency on the volume of composting | 3 | | material received and used at the site; (iii) certifies | 4 | | to the Agency that the site complies with the
| 5 | | requirements set forth in subparagraphs (A), (A-5), | 6 | | (B), (C), and (D) of this paragraph
(2.5); and (iv) | 7 | | certifies to the Agency that all composting material | 8 | | was placed more than 200 feet from the nearest potable | 9 | | water supply well, was placed outside the boundary of | 10 | | the 10-year floodplain or on a part of the site that is | 11 | | floodproofed, was placed at least 1/4 mile from the | 12 | | nearest residence (other than a residence located on | 13 | | the same property as the facility) or a lesser distance | 14 | | from the nearest residence (other than a residence | 15 | | located on the same property as the facility) if the | 16 | | municipality in which the facility is located has by | 17 | | ordinance approved a lesser distance than 1/4 mile, and | 18 | | was placed more than 5 feet above the water table; any | 19 | | ordinance approving a residential setback of less than | 20 | | 1/4 mile that is used to meet the requirements of this | 21 | | subparagraph (E) of paragraph (2.5) of this subsection | 22 | | must specifically reference this paragraph; or
| 23 | | (3) operating a landscape waste composting facility on | 24 | | a farm, if the
facility meets all of the following | 25 | | criteria:
| 26 | | (A) the composting facility is operated by the |
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| 1 | | farmer on property on
which the composting material is | 2 | | utilized, and the composting facility
constitutes no | 3 | | more than 2% of the property's total acreage, except | 4 | | that
the Board may allow a higher percentage for | 5 | | individual sites where the owner
or operator has | 6 | | demonstrated to the Board that the site's soil
| 7 | | characteristics or crop needs require a higher rate;
| 8 | | (B) the property on which the composting facility | 9 | | is located, and any
associated property on which the | 10 | | compost is used, is principally and
diligently devoted | 11 | | to the production of agricultural crops and
is not | 12 | | owned, leased or otherwise controlled by any waste | 13 | | hauler
or generator of nonagricultural compost | 14 | | materials, and the operator of the
composting facility | 15 | | is not an employee, partner, shareholder, or in any way
| 16 | | connected with or controlled by any such waste hauler | 17 | | or generator;
| 18 | | (C) all compost generated by the composting | 19 | | facility is applied at
agronomic rates and used as | 20 | | mulch, fertilizer or soil conditioner on land
actually | 21 | | farmed by the person operating the composting | 22 | | facility, and the
finished compost is not stored at the | 23 | | composting site for a period longer
than 18 months | 24 | | prior to its application as mulch, fertilizer, or soil | 25 | | conditioner;
| 26 | | (D) the owner or operator, by January 1, 1990 (or |
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| 1 | | the January 1
following commencement of operation, | 2 | | whichever is later) and January 1 of
each year | 3 | | thereafter, (i) registers the site with the Agency, | 4 | | (ii) reports
to the Agency on the volume of composting | 5 | | material received and used at the
site, (iii) certifies | 6 | | to the Agency that the site complies with the
| 7 | | requirements set forth in subparagraphs (A), (B) and | 8 | | (C) of this paragraph
(q)(3), and (iv) certifies to the | 9 | | Agency that all composting material was
placed more | 10 | | than 200 feet from the nearest potable water supply | 11 | | well, was
placed outside the boundary of the 10-year | 12 | | floodplain or on a part of the
site that is | 13 | | floodproofed, was placed at least 1/4 mile from the | 14 | | nearest
residence (other than a residence located on | 15 | | the same property as the
facility) and there are not | 16 | | more than 10 occupied non-farm residences
within 1/2 | 17 | | mile of the boundaries of the site on the date of | 18 | | application,
and was placed more than 5 feet above the | 19 | | water table.
| 20 | | For the purposes of this subsection (q), "agronomic rates" | 21 | | means the
application of not more than 20 tons per acre per | 22 | | year, except that the
Board may allow a higher rate for | 23 | | individual sites where the owner or
operator has demonstrated | 24 | | to the Board that the site's soil
characteristics or crop needs | 25 | | require a higher rate.
| 26 | | (r) Cause or allow the storage or disposal of coal |
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| 1 | | combustion
waste unless:
| 2 | | (1) such waste is stored or disposed of at a site or
| 3 | | facility for which
a permit has been obtained or is not | 4 | | otherwise required under subsection
(d) of this Section; or
| 5 | | (2) such waste is stored or disposed of as a part of
| 6 | | the design and
reclamation of a site or facility which is | 7 | | an abandoned mine site in
accordance with the Abandoned | 8 | | Mined Lands and Water Reclamation Act; or
| 9 | | (3) such waste is stored or disposed of at a site or
| 10 | | facility which is
operating under NPDES and Subtitle D | 11 | | permits issued by the Agency pursuant
to regulations | 12 | | adopted by the Board for mine-related water pollution and
| 13 | | permits issued pursuant to the Federal Surface Mining | 14 | | Control and
Reclamation Act of 1977 (P.L. 95-87) or the | 15 | | rules and regulations
thereunder or any law or rule or | 16 | | regulation adopted by the State of
Illinois pursuant | 17 | | thereto, and the owner or operator of the facility agrees
| 18 | | to accept the waste; and either
| 19 | | (i) such waste is stored or disposed of in | 20 | | accordance
with requirements
applicable to refuse | 21 | | disposal under regulations adopted by the Board for
| 22 | | mine-related water pollution and pursuant to NPDES and | 23 | | Subtitle D permits
issued by the Agency under such | 24 | | regulations; or
| 25 | | (ii) the owner or operator of the facility | 26 | | demonstrates all of the
following to the Agency, and |
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| 1 | | the facility is operated in accordance with
the | 2 | | demonstration as approved by the Agency: (1) the | 3 | | disposal area will be
covered in a manner that will | 4 | | support continuous vegetation, (2) the
facility will | 5 | | be adequately protected from wind and water erosion, | 6 | | (3) the
pH will be maintained so as to prevent | 7 | | excessive leaching of metal ions,
and (4) adequate | 8 | | containment or other measures will be provided to | 9 | | protect
surface water and groundwater from | 10 | | contamination at levels prohibited by
this Act, the | 11 | | Illinois Groundwater Protection Act, or regulations | 12 | | adopted
pursuant thereto.
| 13 | | Notwithstanding any other provision of this Title, the | 14 | | disposal of coal
combustion waste pursuant to item (2) or (3) | 15 | | of this
subdivision (r) shall
be exempt from the other | 16 | | provisions of this Title V, and notwithstanding
the provisions | 17 | | of Title X of this Act, the Agency is authorized to grant
| 18 | | experimental permits which include provision for the disposal | 19 | | of
wastes from the combustion of coal and other materials | 20 | | pursuant to items
(2) and (3) of this subdivision (r).
| 21 | | (s) After April 1, 1989, offer for transportation, | 22 | | transport, deliver,
receive or accept special waste for which a | 23 | | manifest is required, unless
the manifest indicates that the | 24 | | fee required under Section 22.8 of this
Act has been paid.
| 25 | | (t) Cause or allow a lateral expansion of a municipal solid | 26 | | waste landfill
unit on or after October 9, 1993, without a |
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| 1 | | permit modification, granted by the
Agency, that authorizes the | 2 | | lateral expansion.
| 3 | | (u) Conduct any vegetable by-product treatment, storage, | 4 | | disposal or
transportation operation in violation of any | 5 | | regulation, standards or permit
requirements adopted by the | 6 | | Board under this Act. However, no permit shall be
required | 7 | | under this Title V for the land application of vegetable | 8 | | by-products
conducted pursuant to Agency permit issued under | 9 | | Title III of this Act to
the generator of the vegetable | 10 | | by-products. In addition, vegetable by-products
may be | 11 | | transported in this State without a special waste hauling | 12 | | permit, and
without the preparation and carrying of a manifest.
| 13 | | (v) (Blank).
| 14 | | (w) Conduct any generation, transportation, or recycling | 15 | | of construction or
demolition debris, clean or general, or | 16 | | uncontaminated soil generated during
construction, remodeling, | 17 | | repair, and demolition of utilities, structures, and
roads that | 18 | | is not commingled with any waste, without the maintenance of
| 19 | | documentation identifying the hauler, generator, place of | 20 | | origin of the debris
or soil, the weight or volume of the | 21 | | debris or soil, and the location, owner,
and operator of the | 22 | | facility where the debris or soil was transferred,
disposed, | 23 | | recycled, or treated. This documentation must be maintained by | 24 | | the
generator, transporter, or recycler for 3 years.
This | 25 | | subsection (w) shall not apply to (1) a permitted pollution | 26 | | control
facility that transfers or accepts construction or |
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| 1 | | demolition debris,
clean or general, or uncontaminated soil for | 2 | | final disposal, recycling, or
treatment, (2) a public utility | 3 | | (as that term is defined in the Public
Utilities Act) or a | 4 | | municipal utility, (3) the Illinois Department of
| 5 | | Transportation, or (4) a municipality or a county highway | 6 | | department, with
the exception of any municipality or county | 7 | | highway department located within a
county having a population | 8 | | of over 3,000,000 inhabitants or located in a county
that
is | 9 | | contiguous to a county having a population of over 3,000,000 | 10 | | inhabitants;
but it shall apply to an entity that contracts | 11 | | with a public utility, a
municipal utility, the Illinois | 12 | | Department of Transportation, or a
municipality or a county | 13 | | highway department.
The terms
"generation" and "recycling" as
| 14 | | used in this subsection do not
apply to clean construction or | 15 | | demolition debris
when (i) used as fill material below grade | 16 | | outside of a setback zone
if covered by sufficient | 17 | | uncontaminated soil to support vegetation within 30
days of the | 18 | | completion of filling or if covered by a road or structure, | 19 | | (ii)
solely broken concrete without
protruding metal bars is | 20 | | used for erosion control, or (iii) milled
asphalt or crushed | 21 | | concrete is used as aggregate in construction of the
shoulder | 22 | | of a roadway. The terms "generation" and "recycling", as used | 23 | | in this
subsection, do not apply to uncontaminated soil
that is | 24 | | not commingled with any waste when (i) used as fill material | 25 | | below
grade or contoured to grade, or (ii) used at the site of | 26 | | generation.
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| 1 | | (Source: P.A. 96-611, eff. 8-24-09; 97-220, eff. 7-28-11.)
| 2 | | (415 ILCS 5/22.33)
| 3 | | Sec. 22.33. Compost quality standards.
| 4 | | (a) By January 1, 1994, the Agency shall develop and make | 5 | | recommendations
to the Board concerning (i) performance | 6 | | standards for landscape waste compost
facilities and (ii) | 7 | | testing procedures and standards for the end-product
compost | 8 | | produced by landscape waste compost facilities.
| 9 | | Performance standards for landscape waste compost | 10 | | facilities shall at a
minimum include:
| 11 | | (1) the management of odor;
| 12 | | (2) the management of surface water;
| 13 | | (3) contingency planning for handling end-product | 14 | | compost material
that does not meet requirements of | 15 | | subsection (b);
| 16 | | (4) plans for intended purposes of end-use product; and
| 17 | | (5) a financial assurance plan necessary to restore the | 18 | | site as
specified in Agency permit.
| 19 | | (b) By December 1, 1997, the Board shall adopt:
| 20 | | (1) performance standards for landscape waste compost | 21 | | facilities; and
| 22 | | (2) testing procedures and standards for the | 23 | | end-product compost
produced by landscape waste compost | 24 | | facilities.
| 25 | | The Board shall evaluate the merits of different standards |
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| 1 | | for
end-product compost applications.
| 2 | | (c) On-site composting that is used solely for the purpose | 3 | | of composting
landscape waste generated on-site and that will | 4 | | not be offered for off-site
sale or use is exempt from any | 5 | | standards promulgated under subsections (a) and
(b). | 6 | | Subsection (b)(2) shall not apply to end-product compost used | 7 | | as daily
cover or vegetative amendment in the final layer. | 8 | | Subsection (b) applies to
any end-product compost offered for | 9 | | sale or use in Illinois.
| 10 | | (d) Standards adopted under this Section do not apply to | 11 | | compost operations exempt from permitting under paragraph | 12 | | (1.5) of subsection (q) of Section 21 of this Act. | 13 | | (Source: P.A. 92-574, eff. 6-26-02.)
| 14 | | (415 ILCS 5/22.34)
| 15 | | Sec. 22.34. Organic waste compost quality standards.
| 16 | | (a) The Agency may develop and make recommendations to
the | 17 | | Board concerning (i) performance standards for organic waste | 18 | | compost
facilities and (ii) testing procedures and standards | 19 | | for the end-product
compost produced by organic waste compost | 20 | | facilities.
| 21 | | The Agency, in cooperation with the Department, shall | 22 | | appoint a Technical
Advisory Committee for the purpose of | 23 | | developing these recommendations.
Among other things, the | 24 | | Committee shall evaluate environmental and
safety | 25 | | considerations, compliance costs, and regulations adopted in |
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| 1 | | other
states and countries. The Committee shall have balanced
| 2 | | representation and shall include members representing | 3 | | academia, the composting
industry, the Department of | 4 | | Agriculture, the landscaping industry,
environmental | 5 | | organizations, municipalities, and counties.
| 6 | | Performance standards for organic waste compost facilities | 7 | | may include, but are not limited to:
| 8 | | (1) the management of potential exposures for human | 9 | | disease vectors and
odor;
| 10 | | (2) the management of surface water;
| 11 | | (3) contingency planning for handling end-product | 12 | | compost material that
does not meet end-product compost | 13 | | standards adopted by the Board;
| 14 | | (4) plans for intended purposes of end-use product; and
| 15 | | (5) a financial assurance plan necessary to restore the | 16 | | site as specified
in Agency permit. The financial assurance | 17 | | plan may include, but is not limited to, posting with the | 18 | | Agency a performance bond or other security for the purpose | 19 | | of ensuring site restoration.
| 20 | | (b) No later than one year after the Agency makes | 21 | | recommendations to the Board under subsection (a) of this | 22 | | Section, the Board shall adopt, as applicable:
| 23 | | (1) performance standards for organic waste compost | 24 | | facilities; and
| 25 | | (2) testing procedures and standards for the | 26 | | end-product compost
produced by organic waste compost |
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| 1 | | facilities.
| 2 | | The Board shall evaluate the merits of different standards | 3 | | for
end-product compost applications.
| 4 | | (c) On-site residential composting that is used solely for | 5 | | the purpose of
composting organic waste generated on-site and | 6 | | that will not be offered for
off-site sale or use is exempt | 7 | | from any standards promulgated under subsections
(a) and (b). | 8 | | Subsection (b)(2) shall not apply to end-product compost used | 9 | | as
daily cover or vegetative amendment in the final layer. | 10 | | Subsection (b)
applies to any end-product compost offered for | 11 | | sale or use in Illinois.
| 12 | | (d) For the purposes of this Section, "organic waste" means | 13 | | food scrap,
landscape waste, wood waste, livestock waste, crop | 14 | | residue, paper waste, or other non-hazardous carbonaceous | 15 | | waste that is
collected and processed separately from the rest | 16 | | of the municipal waste stream.
| 17 | | (e) Except as otherwise provided in Board rules, solid | 18 | | waste permits for organic waste composting facilities shall be | 19 | | issued under the Board's Solid Waste rules at 35 Ill. Adm. Code | 20 | | 807. The permits must include, but shall not be limited to, | 21 | | measures designed to reduce pathogens in the compost. | 22 | | (f) Standards adopted under this Section do not apply to | 23 | | compost operations exempt from permitting under paragraph | 24 | | (1.5) of subsection (q) of Section 21 of this Act. | 25 | | (Source: P.A. 96-418, eff. 1-1-10.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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|