Full Text of SB2129 94th General Assembly
SB2129 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2129
Introduced 10/19/2005, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/3.330 |
was 415 ILCS 5/3.32 |
415 ILCS 5/22.53 new |
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415 ILCS 5/39 |
from Ch. 111 1/2, par. 1039 |
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Amends the Environmental Protection Act. Provides that certain waste composting facilities are not pollution control facilities under the Act if materials used for composting at the facility are limited to certain materials (livestock waste, crop residue, uncontaminated wood waste, landscape waste, source separated food waste, and paper waste) in specified amounts (no more than 10,000 cubic yards of raw materials, composting material, or end-product compost on-site at any one time that uses only livestock waste, crop residue, uncontaminated wood waste, and landscape waste as raw materials for composting, or that has no more than 30,000 cubic yards if the compost facility is part of a required Waste Management Plan that has been developed in accordance with the standards of the Livestock Management Facilities Act and meets certain other conditions, or no more than 5,000 cubic yards of raw materials, composting material, or end-product compost on-site at any one time, that uses source separated food waste, paper waste, livestock waste, uncontaminated wood waste, and landscape waste). Provides that facilities used for recycling, reclamation, or reuse operations are not pollution control facilities under the Act if operating under an Agency issued permit for these operations. Sets forth a program of phased in requirements for conducting recycling, reclamation, or reuse operations. Provides that on and after July 1, 2008 no person may conduct any recycling, reclamation, or reuse operation without an Agency issued permit authorizing the activity. Sets forth certain criterion for the permits and exempts certain kinds of recycling operations from the permit requirements. Provides for the Pollution Control Board to adopt regulations for the recycling permit program. Sets forth certain conditions upon which the Agency shall issue permits under this program. Effective immediately.
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A BILL FOR
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SB2129 |
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LRB094 13234 RSP 48088 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing
Sections 3.330 and 39 and by adding Section 22.53 as | 6 |
| follows:
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| (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
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| Sec. 3.330. Pollution control facility.
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| (a) "Pollution control facility" is any waste storage site, | 10 |
| sanitary
landfill, waste disposal site, waste transfer | 11 |
| station, waste treatment
facility, or waste incinerator. This | 12 |
| includes sewers, sewage treatment
plants, and any other | 13 |
| facilities owned or operated by sanitary districts
organized | 14 |
| under the Metropolitan Water Reclamation District Act.
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| The following are not pollution control facilities:
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| (1) (Blank);
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| (2) waste storage sites regulated under 40 CFR, Part | 18 |
| 761.42;
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| (3) sites or facilities used by any person conducting a | 20 |
| waste storage,
waste treatment, waste disposal, waste | 21 |
| transfer or waste incineration
operation, or a combination | 22 |
| thereof, for wastes generated by such person's
own | 23 |
| activities, when such wastes are stored, treated, disposed | 24 |
| of,
transferred or incinerated within the site or facility | 25 |
| owned, controlled or
operated by such person, or when such | 26 |
| wastes are transported within or
between sites or | 27 |
| facilities owned, controlled or operated by such person;
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| (4) sites or facilities at which the State is | 29 |
| performing removal or
remedial action pursuant to Section | 30 |
| 22.2 or 55.3;
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| (5) abandoned quarries used solely for the disposal of | 32 |
| concrete, earth
materials, gravel, or aggregate debris |
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| resulting from road construction
activities conducted by a | 2 |
| unit of government or construction activities due
to the | 3 |
| construction and installation of underground pipes, lines, | 4 |
| conduit
or wires off of the premises of a public utility | 5 |
| company which are
conducted by a public utility;
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| (6) sites or facilities used by any person to | 7 |
| specifically conduct a
landscape composting operation;
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| (7) regional facilities as defined in the Central | 9 |
| Midwest Interstate
Low-Level Radioactive Waste Compact;
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| (8) the portion of a site or facility where coal | 11 |
| combustion wastes are
stored or disposed of in accordance | 12 |
| with subdivision (r)(2) or (r)(3) of
Section 21;
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| (9) the portion of a site or facility used for the | 14 |
| collection,
storage or processing of waste tires as defined | 15 |
| in Title XIV;
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| (10) the portion of a site or facility used for | 17 |
| treatment of
petroleum contaminated materials by | 18 |
| application onto or incorporation into
the soil surface and | 19 |
| any portion of that site or facility used for storage
of | 20 |
| petroleum contaminated materials before treatment. Only | 21 |
| those categories
of petroleum listed in Section
57.9(a)(3) | 22 |
| are exempt under this subdivision (10);
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| (11) the portion of a site or facility where used oil | 24 |
| is collected or
stored prior to shipment to a recycling or | 25 |
| energy recovery facility, provided
that the used oil is | 26 |
| generated by households or commercial establishments, and
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| the site or facility is a recycling center or a business | 28 |
| where oil or gasoline
is sold at retail;
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| (12) the portion of a site or facility utilizing coal | 30 |
| combustion waste
for stabilization and treatment of only | 31 |
| waste generated on that site or
facility when used in | 32 |
| connection with response actions pursuant to the federal
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| Comprehensive Environmental Response, Compensation, and | 34 |
| Liability Act of 1980,
the federal Resource Conservation | 35 |
| and Recovery Act of 1976, or the Illinois
Environmental | 36 |
| Protection Act or as authorized by the Agency;
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| (13) the portion of a site or facility accepting | 2 |
| exclusively general
construction or demolition debris, | 3 |
| located in a county with a population over
700,000 as of | 4 |
| January 1, 2000, and operated and located in accordance | 5 |
| with Section 22.38 of this Act; | 6 |
| (14) the portion of a site or facility, located within | 7 |
| a unit of local government that has enacted local zoning | 8 |
| requirements, used to accept, separate, and process | 9 |
| uncontaminated broken concrete, with or without protruding | 10 |
| metal bars, provided that the uncontaminated broken | 11 |
| concrete and metal bars are not speculatively accumulated, | 12 |
| are at the site or facility no longer than one year after | 13 |
| their acceptance, and are returned to the economic | 14 |
| mainstream in the form of raw materials or products; and
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| (15) the portion of a site or facility located in a | 16 |
| county with a population over 3,000,000 that has obtained | 17 |
| local siting approval under Section 39.2 of this Act for a | 18 |
| municipal waste incinerator on or before July 1, 2005 and | 19 |
| that is used for a non-hazardous waste transfer station ; .
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| (16) the portion of a site or facility, that has no | 21 |
| more than 10,000 cubic yards of raw materials, composting | 22 |
| material, or end-product compost on-site at any one time | 23 |
| that uses only livestock waste, crop residue, | 24 |
| uncontaminated wood waste, and landscape waste as raw | 25 |
| materials for composting, or that has no more than 30,000 | 26 |
| cubic yards if the compost facility is part of a required | 27 |
| Waste Management Plan that has been developed in accordance | 28 |
| with the standards of the Livestock Management Facilities | 29 |
| Act that meets the following: | 30 |
| (i) the location criteria of Section 39(m)(1) | 31 |
| through (m)(4); | 32 |
| (ii) the location criteria of 35 Ill. Admin. Code | 33 |
| Part 830.203(a)(3); and | 34 |
| (iii) that is permitted under 35 Ill. Admin. Code | 35 |
| Part 807;
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| (17) the portion of a site or facility, that has no |
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| more than 5,000 cubic yards of raw materials, composting | 2 |
| material, or end-product compost on-site at any one time, | 3 |
| that uses source separated food waste, paper waste, | 4 |
| including, but not limited to, corrugated and cardboard, | 5 |
| livestock waste, uncontaminated wood waste, and landscape | 6 |
| waste as raw materials for composting and meets the | 7 |
| location criteria of 39(m)(1) through (4) and 35 Ill. | 8 |
| Admin. Code Part 830.203(a)(3). For purposes of this | 9 |
| Section, "food waste" means the source separated organic | 10 |
| portion of the waste resulting from the handling, | 11 |
| processing, preparation, cooking, and consumption of food, | 12 |
| and the wastes from the handling, processing, storage, and | 13 |
| sale of produce. "Food waste" does not include packaging, | 14 |
| utensils, or containers from the handling, processing, | 15 |
| preparation, cooking, and consumption of food; and | 16 |
| (18) the portion of a site or facility used for a | 17 |
| recycling, reclamation, or reuse operation subject to the | 18 |
| permitting requirements of Section 22.53(b) of this Act.
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| (b) A new pollution control facility is:
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| (1) a pollution control facility initially permitted | 21 |
| for development or
construction after July 1, 1981; or
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| (2) the area of expansion beyond the boundary of a | 23 |
| currently permitted
pollution control facility; or
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| (3) a permitted pollution control facility requesting | 25 |
| approval to
store, dispose of, transfer or incinerate, for | 26 |
| the first time, any special
or hazardous waste.
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| (Source: P.A. 93-998, eff. 8-23-04; 94-94, eff. 7-1-05; 94-249, | 28 |
| eff. 7-19-05; revised 8-18-05.)
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| (415 ILCS 5/22.53 new)
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| Sec. 22.53. Recycling, reclamation, or reuse operations.
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| (a) No person shall conduct any recycling, reclamation, or | 32 |
| reuse operation in violation of this Act or any regulations or | 33 |
| standards adopted by the Board. | 34 |
| (b) On and after July 1, 2005, but prior to July 1, 2006, | 35 |
| no person shall conduct any recycling, reclamation, or reuse |
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| operation unless the person has notified the Agency in writing | 2 |
| of the following: the name and address of the person or entity | 3 |
| conducting the recycling, reclamation, or reuse operation; the | 4 |
| location of the recycling, reclamation, or reuse operation; the | 5 |
| name and address of the site owner; and the types and amounts | 6 |
| of waste and other material being recycled, reclaimed, or | 7 |
| reused. | 8 |
| On and after July 1, 2006, but prior to July 1, 2008, no | 9 |
| person shall conduct any recycling, reclamation, or reuse | 10 |
| operation unless the person has filed an application with the | 11 |
| Agency for a permit for the recycling, reclamation, or reuse | 12 |
| operation. | 13 |
| On and after July 1, 2008, no person shall conduct any | 14 |
| recycling, reclamation, or reuse operation without a permit | 15 |
| granted by the Agency or in violation of any conditions imposed | 16 |
| by such permit, including periodic reports and full access to | 17 |
| adequate records and the inspection of facilities, as may be | 18 |
| necessary to assure compliance with this Act and with Board | 19 |
| regulations and standards adopted under this Act. | 20 |
| This subsection (b) does not apply to the following: | 21 |
| (i) a recycling, reclamation, or reuse operation for | 22 |
| which a permit has been issued under Section 21(d) of this | 23 |
| Act; | 24 |
| (ii) any person conducting a recycling, reclamation, | 25 |
| or reuse operation for waste or other material generated by | 26 |
| such person's own activities which is recycled, reclaimed, | 27 |
| or reused within the site where such waste or other | 28 |
| material is generated; and | 29 |
| (iii) a facility located in a county with a population | 30 |
| over 700,000 that is operated and located in accordance | 31 |
| with Section 22.38 of this Act and used exclusively for the | 32 |
| transfer, storage, or treatment of general construction or | 33 |
| demolition debris. | 34 |
| (c) In accordance with Title VII of this Act, the Board may | 35 |
| adopt regulations to promote the purposes of this Section. | 36 |
| Without limiting the generality of this authority, such |
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| regulations may prescribe, among other things, the following: | 2 |
| standards for the location, design, construction, sanitation, | 3 |
| operation, maintenance, and closure of recycling, reclamation, | 4 |
| or reuse sites and facilities; standards for the handling, | 5 |
| storage, processing, transporting, or treatment of waste and | 6 |
| other material being recycled, reclaimed, or reused; standards | 7 |
| and requirements for the keeping of records and reporting of | 8 |
| data. The regulations may, but are not required to, provide for | 9 |
| the issuance of permits by operation of law for recycling, | 10 |
| reclamation, or reuse operations that are conducted in | 11 |
| accordance with this Act and the regulations and standards | 12 |
| adopted under this Act. | 13 |
| (d) This Section does not apply to the following: | 14 |
| (1) recycling, reclamation, or reuse operations where | 15 |
| more than 20% of the waste and other material accepted | 16 |
| annually is not returned to the economic mainstream in the | 17 |
| form of raw materials or products; | 18 |
| (2) recycling, reclamation, or reuse operations where | 19 |
| waste or other material not originally intended to be | 20 |
| burned or incinerated for energy recovery is burned or | 21 |
| incinerated or prepared for burning or incineration; | 22 |
| (3) recycling, reclamation, or reuse operations where | 23 |
| waste or other material is disposed of; and
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| (4) the recycling, reclamation, or reuse of clean | 25 |
| construction or demolition debris considered waste under | 26 |
| Section 3.160(c) of this Act. | 27 |
| Such operations shall be regulated under this Act and Board | 28 |
| regulations as waste-storage, waste-treatment, or | 29 |
| waste-disposal operations. | 30 |
| (e) This Section and the permitting requirements of Section | 31 |
| 21(d) do not apply to recycling, reclamation, or reuse | 32 |
| operations that meet the following criteria: | 33 |
| (1) the recycling, reclamation, or reuse operation | 34 |
| recycles, reclaims, or reuses only dry paper (including, | 35 |
| but not limited to, newspapers, magazines, cardboard, and | 36 |
| office paper), glass, plastic, metal cans (including, but |
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| not limited to, aluminum and steel cans), household | 2 |
| aluminum containers (including, but not limited to, pie | 3 |
| pans and baking pans), household aluminum foil, or | 4 |
| textiles; | 5 |
| (2) 80% or more of the waste and other material | 6 |
| accepted annually by the recycling, reclamation, or reuse | 7 |
| operation is returned to the economic mainstream in the | 8 |
| form of raw materials or products; | 9 |
| (3) the recycling, reclamation, or reuse operation | 10 |
| does not accept hazardous waste, special waste, or | 11 |
| hazardous substances; and | 12 |
| (4) the owner or operator of the recycling, | 13 |
| reclamation, or reuse operation has certified to the Agency | 14 |
| that the recycling, reclamation, or reuse operation meets | 15 |
| the criteria of this subsection (e); certifications to be | 16 |
| provided in a format prescribed by the Agency.
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| (f) This Section does not apply to hazardous waste.
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| (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
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| Sec. 39. Issuance of permits; procedures.
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| (a) When the Board has by regulation required a permit for
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| the construction, installation, or operation of any type of | 22 |
| facility,
equipment, vehicle, vessel, or aircraft, the | 23 |
| applicant shall apply to
the Agency for such permit and it | 24 |
| shall be the duty of the Agency to
issue such a permit upon | 25 |
| proof by the applicant that the facility,
equipment, vehicle, | 26 |
| vessel, or aircraft will not cause a violation of
this Act or | 27 |
| of regulations hereunder. The Agency shall adopt such
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| procedures as are necessary to carry out its duties under this | 29 |
| Section.
In making its determinations on permit applications | 30 |
| under this Section the Agency may consider prior adjudications | 31 |
| of
noncompliance with this Act by the applicant that involved a | 32 |
| release of a
contaminant into the environment. In granting | 33 |
| permits, the Agency
may impose reasonable conditions | 34 |
| specifically related to the applicant's past
compliance | 35 |
| history with this Act as necessary to correct, detect, or
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| prevent noncompliance. The Agency may impose such other | 2 |
| conditions
as may be necessary to accomplish the purposes of | 3 |
| this Act, and as are not
inconsistent with the regulations | 4 |
| promulgated by the Board hereunder. Except as
otherwise | 5 |
| provided in this Act, a bond or other security shall not be | 6 |
| required
as a condition for the issuance of a permit. If the | 7 |
| Agency denies any permit
under this Section, the Agency shall | 8 |
| transmit to the applicant within the time
limitations of this | 9 |
| Section specific, detailed statements as to the reasons the
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| permit application was denied. Such statements shall include, | 11 |
| but not be
limited to the following:
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| (i) the Sections of this Act which may be violated if | 13 |
| the permit
were granted;
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| (ii) the provision of the regulations, promulgated | 15 |
| under this Act,
which may be violated if the permit were | 16 |
| granted;
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| (iii) the specific type of information, if any, which | 18 |
| the Agency
deems the applicant did not provide the Agency; | 19 |
| and
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| (iv) a statement of specific reasons why the Act and | 21 |
| the regulations
might not be met if the permit were | 22 |
| granted.
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| If there is no final action by the Agency within 90 days | 24 |
| after the
filing of the application for permit, the applicant | 25 |
| may deem the permit
issued; except that this time period shall | 26 |
| be extended to 180 days when
(1) notice and opportunity for | 27 |
| public hearing are required by State or
federal law or | 28 |
| regulation, (2) the application which was filed is for
any | 29 |
| permit to develop a landfill subject to issuance pursuant to | 30 |
| this
subsection, or (3) the application that was filed is for a | 31 |
| MSWLF unit
required to issue public notice under subsection (p) | 32 |
| of Section 39. The
90-day and 180-day time periods for the | 33 |
| Agency to take final action do not
apply to NPDES permit | 34 |
| applications under subsection (b) of this Section,
to RCRA | 35 |
| permit applications under subsection (d) of this Section, or
to | 36 |
| UIC permit applications under subsection (e) of this Section.
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| The Agency shall publish notice of all final permit | 2 |
| determinations for
development permits for MSWLF units and for | 3 |
| significant permit modifications
for lateral expansions for | 4 |
| existing MSWLF units one time in a newspaper of
general | 5 |
| circulation in the county in which the unit is or is proposed | 6 |
| to be
located.
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| After January 1, 1994 and until July 1, 1998, operating | 8 |
| permits issued under
this Section by the
Agency for sources of | 9 |
| air pollution permitted to emit less than 25 tons
per year of | 10 |
| any combination of regulated air pollutants, as defined in
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| Section 39.5 of this Act, shall be required to be renewed only | 12 |
| upon written
request by the Agency consistent with applicable | 13 |
| provisions of this Act and
regulations promulgated hereunder. | 14 |
| Such operating permits shall expire
180 days after the date of | 15 |
| such a request. The Board shall revise its
regulations for the | 16 |
| existing State air pollution operating permit program
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| consistent with this provision by January 1, 1994.
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| After June 30, 1998, operating permits issued under this | 19 |
| Section by the
Agency for sources of air pollution that are not | 20 |
| subject to Section 39.5 of
this Act and are not required to | 21 |
| have a federally enforceable State operating
permit shall be | 22 |
| required to be renewed only upon written request by the Agency
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| consistent with applicable provisions of this Act and its | 24 |
| rules. Such
operating permits shall expire 180 days after the | 25 |
| date of such a request.
Before July 1, 1998, the Board shall | 26 |
| revise its rules for the existing State
air pollution operating | 27 |
| permit program consistent with this paragraph and shall
adopt | 28 |
| rules that require a source to demonstrate that it qualifies | 29 |
| for a permit
under this paragraph.
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| (b) The Agency may issue NPDES permits exclusively under | 31 |
| this
subsection for the discharge of contaminants from point | 32 |
| sources into
navigable waters, all as defined in the Federal | 33 |
| Water Pollution Control
Act, as now or hereafter amended, | 34 |
| within the jurisdiction of the
State, or into any well.
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| All NPDES permits shall contain those terms and conditions, | 36 |
| including
but not limited to schedules of compliance, which may |
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| be required to
accomplish the purposes and provisions of this | 2 |
| Act.
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| The Agency may issue general NPDES permits for discharges | 4 |
| from categories
of point sources which are subject to the same | 5 |
| permit limitations and
conditions. Such general permits may be | 6 |
| issued without individual
applications and shall conform to | 7 |
| regulations promulgated under Section 402
of the Federal Water | 8 |
| Pollution Control Act, as now or hereafter amended.
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| The Agency may include, among such conditions, effluent | 10 |
| limitations
and other requirements established under this Act, | 11 |
| Board regulations,
the Federal Water Pollution Control Act, as | 12 |
| now or hereafter amended, and
regulations pursuant thereto, and | 13 |
| schedules for achieving compliance
therewith at the earliest | 14 |
| reasonable date.
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| The Agency shall adopt filing requirements and procedures | 16 |
| which are
necessary and appropriate for the issuance of NPDES | 17 |
| permits, and which
are consistent with the Act or regulations | 18 |
| adopted by the Board, and
with the Federal Water Pollution | 19 |
| Control Act, as now or hereafter
amended, and regulations | 20 |
| pursuant thereto.
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| The Agency, subject to any conditions which may be | 22 |
| prescribed by
Board regulations, may issue NPDES permits to | 23 |
| allow discharges beyond
deadlines established by this Act or by | 24 |
| regulations of the Board without
the requirement of a variance, | 25 |
| subject to the Federal Water Pollution
Control Act, as now or | 26 |
| hereafter amended, and regulations pursuant thereto.
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| (c) Except for those facilities owned or operated by | 28 |
| sanitary districts
organized under the Metropolitan Water | 29 |
| Reclamation District Act, no
permit for the development or | 30 |
| construction of a new pollution control
facility may be granted | 31 |
| by the Agency unless the applicant submits proof to the
Agency | 32 |
| that the location of the facility has been approved by the | 33 |
| County Board
of the county if in an unincorporated area, or the | 34 |
| governing body of the
municipality when in an incorporated | 35 |
| area, in which the facility is to be
located in accordance with | 36 |
| Section 39.2 of this Act.
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| In the event that siting approval granted pursuant to | 2 |
| Section 39.2 has
been transferred to a subsequent owner or | 3 |
| operator, that subsequent owner or
operator may apply to the | 4 |
| Agency for, and the Agency may grant, a development
or | 5 |
| construction permit for the facility for which local siting | 6 |
| approval was
granted. Upon application to the Agency for a | 7 |
| development or
construction permit by that subsequent owner or | 8 |
| operator,
the permit applicant shall cause written notice of | 9 |
| the permit application
to be served upon the appropriate county | 10 |
| board or governing body of the
municipality that granted siting | 11 |
| approval for that facility and upon any party
to the siting | 12 |
| proceeding pursuant to which siting approval was granted. In
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| that event, the Agency shall conduct an evaluation of the | 14 |
| subsequent owner or
operator's prior experience in waste | 15 |
| management operations in the manner
conducted under subsection | 16 |
| (i) of Section 39 of this Act.
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| Beginning August 20, 1993, if the pollution control | 18 |
| facility consists of a
hazardous or solid waste disposal | 19 |
| facility for which the proposed site is
located in an | 20 |
| unincorporated area of a county with a population of less than
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| 100,000 and includes all or a portion of a parcel of land that | 22 |
| was, on April 1,
1993, adjacent to a municipality having a | 23 |
| population of less than 5,000, then
the local siting review | 24 |
| required under this subsection (c) in conjunction with
any | 25 |
| permit applied for after that date shall be performed by the | 26 |
| governing body
of that adjacent municipality rather than the | 27 |
| county board of the county in
which the proposed site is | 28 |
| located; and for the purposes of that local siting
review, any | 29 |
| references in this Act to the county board shall be deemed to | 30 |
| mean
the governing body of that adjacent municipality; | 31 |
| provided, however, that the
provisions of this paragraph shall | 32 |
| not apply to any proposed site which was, on
April 1, 1993, | 33 |
| owned in whole or in part by another municipality.
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| In the case of a pollution control facility for which a
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| development permit was issued before November 12, 1981, if an | 36 |
| operating
permit has not been issued by the Agency prior to |
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| August 31, 1989 for
any portion of the facility, then the | 2 |
| Agency may not issue or renew any
development permit nor issue | 3 |
| an original operating permit for any portion of
such facility | 4 |
| unless the applicant has submitted proof to the Agency that the
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| location of the facility has been approved by the appropriate | 6 |
| county board or
municipal governing body pursuant to Section | 7 |
| 39.2 of this Act.
| 8 |
| After January 1, 1994, if a solid waste
disposal facility, | 9 |
| any portion for which an operating permit has been issued by
| 10 |
| the Agency, has not accepted waste disposal for 5 or more | 11 |
| consecutive calendars
years, before that facility may accept | 12 |
| any new or additional waste for
disposal, the owner and | 13 |
| operator must obtain a new operating permit under this
Act for | 14 |
| that facility unless the owner and operator have applied to the | 15 |
| Agency
for a permit authorizing the temporary suspension of | 16 |
| waste acceptance. The
Agency may not issue a new operation | 17 |
| permit under this Act for the facility
unless the applicant has | 18 |
| submitted proof to the Agency that the location of the
facility | 19 |
| has been approved or re-approved by the appropriate county | 20 |
| board or
municipal governing body under Section 39.2 of this | 21 |
| Act after the facility
ceased accepting waste.
| 22 |
| Except for those facilities owned or operated by sanitary | 23 |
| districts
organized under the Metropolitan Water Reclamation | 24 |
| District Act, and
except for new pollution control facilities | 25 |
| governed by Section 39.2,
and except for fossil fuel mining | 26 |
| facilities, the granting of a permit under
this Act shall not | 27 |
| relieve the applicant from meeting and securing all
necessary | 28 |
| zoning approvals from the unit of government having zoning
| 29 |
| jurisdiction over the proposed facility.
| 30 |
| Before beginning construction on any new sewage treatment | 31 |
| plant or sludge
drying site to be owned or operated by a | 32 |
| sanitary district organized under
the Metropolitan Water | 33 |
| Reclamation District Act for which a new
permit (rather than | 34 |
| the renewal or amendment of an existing permit) is
required, | 35 |
| such sanitary district shall hold a public hearing within the
| 36 |
| municipality within which the proposed facility is to be |
|
|
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LRB094 13234 RSP 48088 b |
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| 1 |
| located, or within the
nearest community if the proposed | 2 |
| facility is to be located within an
unincorporated area, at | 3 |
| which information concerning the proposed facility
shall be | 4 |
| made available to the public, and members of the public shall | 5 |
| be given
the opportunity to express their views concerning the | 6 |
| proposed facility.
| 7 |
| The Agency may issue a permit for a municipal waste | 8 |
| transfer station
without requiring approval pursuant to | 9 |
| Section 39.2 provided that the following
demonstration is made:
| 10 |
| (1) the municipal waste transfer station was in | 11 |
| existence on or before
January 1, 1979 and was in | 12 |
| continuous operation from January 1, 1979 to January
1, | 13 |
| 1993;
| 14 |
| (2) the operator submitted a permit application to the | 15 |
| Agency to develop
and operate the municipal waste transfer | 16 |
| station during April of 1994;
| 17 |
| (3) the operator can demonstrate that the county board | 18 |
| of the county, if
the municipal waste transfer station is | 19 |
| in an unincorporated area, or the
governing body of the | 20 |
| municipality, if the station is in an incorporated area,
| 21 |
| does not object to resumption of the operation of the | 22 |
| station; and
| 23 |
| (4) the site has local zoning approval.
| 24 |
| (d) The Agency may issue RCRA permits exclusively under | 25 |
| this
subsection to persons owning or operating a facility for | 26 |
| the treatment,
storage, or disposal of hazardous waste as | 27 |
| defined under this Act.
| 28 |
| All RCRA permits shall contain those terms and conditions, | 29 |
| including but
not limited to schedules of compliance, which may | 30 |
| be required to accomplish
the purposes and provisions of this | 31 |
| Act. The Agency may include among such
conditions standards and | 32 |
| other requirements established under this Act,
Board | 33 |
| regulations, the Resource Conservation and Recovery Act of 1976 | 34 |
| (P.L.
94-580), as amended, and regulations pursuant thereto, | 35 |
| and may include
schedules for achieving compliance therewith as | 36 |
| soon as possible. The
Agency shall require that a performance |
|
|
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LRB094 13234 RSP 48088 b |
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| 1 |
| bond or other security be provided
as a condition for the | 2 |
| issuance of a RCRA permit.
| 3 |
| In the case of a permit to operate a hazardous waste or PCB | 4 |
| incinerator
as defined in subsection (k) of Section 44, the | 5 |
| Agency shall require, as a
condition of the permit, that the | 6 |
| operator of the facility perform such
analyses of the waste to | 7 |
| be incinerated as may be necessary and appropriate
to ensure | 8 |
| the safe operation of the incinerator.
| 9 |
| The Agency shall adopt filing requirements and procedures | 10 |
| which
are necessary and appropriate for the issuance of RCRA | 11 |
| permits, and which
are consistent with the Act or regulations | 12 |
| adopted by the Board, and with
the Resource Conservation and | 13 |
| Recovery Act of 1976 (P.L. 94-580), as
amended, and regulations | 14 |
| pursuant thereto.
| 15 |
| The applicant shall make available to the public for | 16 |
| inspection all
documents submitted by the applicant to the | 17 |
| Agency in furtherance
of an application, with the exception of | 18 |
| trade secrets, at the office of
the county board or governing | 19 |
| body of the municipality. Such documents
may be copied upon | 20 |
| payment of the actual cost of reproduction during regular
| 21 |
| business hours of the local office. The Agency shall issue a | 22 |
| written statement
concurrent with its grant or denial of the | 23 |
| permit explaining the basis for its
decision.
| 24 |
| (e) The Agency may issue UIC permits exclusively under this
| 25 |
| subsection to persons owning or operating a facility for the | 26 |
| underground
injection of contaminants as defined under this | 27 |
| Act.
| 28 |
| All UIC permits shall contain those terms and conditions, | 29 |
| including but
not limited to schedules of compliance, which may | 30 |
| be required to accomplish
the purposes and provisions of this | 31 |
| Act. The Agency may include among such
conditions standards and | 32 |
| other requirements established under this Act,
Board | 33 |
| regulations, the Safe Drinking Water Act (P.L. 93-523), as | 34 |
| amended,
and regulations pursuant thereto, and may include | 35 |
| schedules for achieving
compliance therewith. The Agency shall | 36 |
| require that a performance bond or
other security be provided |
|
|
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LRB094 13234 RSP 48088 b |
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| 1 |
| as a condition for the issuance of a UIC permit.
| 2 |
| The Agency shall adopt filing requirements and procedures | 3 |
| which
are necessary and appropriate for the issuance of UIC | 4 |
| permits, and which
are consistent with the Act or regulations | 5 |
| adopted by the Board, and with
the Safe Drinking Water Act | 6 |
| (P.L. 93-523), as amended, and regulations
pursuant thereto.
| 7 |
| The applicant shall make available to the public for | 8 |
| inspection, all
documents submitted by the applicant to the | 9 |
| Agency in furtherance of an
application, with the exception of | 10 |
| trade secrets, at the office of the county
board or governing | 11 |
| body of the municipality. Such documents may be copied upon
| 12 |
| payment of the actual cost of reproduction during regular | 13 |
| business hours of the
local office. The Agency shall issue a | 14 |
| written statement concurrent with its
grant or denial of the | 15 |
| permit explaining the basis for its decision.
| 16 |
| (f) In making any determination pursuant to Section 9.1 of | 17 |
| this Act:
| 18 |
| (1) The Agency shall have authority to make the | 19 |
| determination of any
question required to be determined by | 20 |
| the Clean Air Act, as now or
hereafter amended, this Act, | 21 |
| or the regulations of the Board, including the
| 22 |
| determination of the Lowest Achievable Emission Rate, | 23 |
| Maximum Achievable
Control Technology, or Best Available | 24 |
| Control Technology, consistent with the
Board's | 25 |
| regulations, if any.
| 26 |
| (2) The Agency shall, after conferring with the | 27 |
| applicant, give written
notice to the applicant of its | 28 |
| proposed decision on the application including
the terms | 29 |
| and conditions of the permit to be issued and the facts, | 30 |
| conduct
or other basis upon which the Agency will rely to | 31 |
| support its proposed action.
| 32 |
| (3) Following such notice, the Agency shall give the | 33 |
| applicant an
opportunity for a hearing in accordance with | 34 |
| the provisions of Sections
10-25 through 10-60 of the | 35 |
| Illinois Administrative Procedure Act.
| 36 |
| (g) The Agency shall include as conditions upon all permits |
|
|
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LRB094 13234 RSP 48088 b |
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| 1 |
| issued for
hazardous waste disposal sites such restrictions | 2 |
| upon the future use
of such sites as are reasonably necessary | 3 |
| to protect public health and
the environment, including | 4 |
| permanent prohibition of the use of such
sites for purposes | 5 |
| which may create an unreasonable risk of injury to human
health | 6 |
| or to the environment. After administrative and judicial | 7 |
| challenges
to such restrictions have been exhausted, the Agency | 8 |
| shall file such
restrictions of record in the Office of the | 9 |
| Recorder of the county in which
the hazardous waste disposal | 10 |
| site is located.
| 11 |
| (h) A hazardous waste stream may not be deposited in a | 12 |
| permitted hazardous
waste site unless specific authorization | 13 |
| is obtained from the Agency by the
generator and disposal site | 14 |
| owner and operator for the deposit of that specific
hazardous | 15 |
| waste stream. The Agency may grant specific authorization for
| 16 |
| disposal of hazardous waste streams only after the generator | 17 |
| has reasonably
demonstrated that, considering
technological | 18 |
| feasibility and economic reasonableness, the hazardous waste
| 19 |
| cannot be reasonably recycled for reuse, nor incinerated or | 20 |
| chemically,
physically or biologically treated so as to | 21 |
| neutralize the hazardous waste
and render it nonhazardous. In | 22 |
| granting authorization under this Section,
the Agency may | 23 |
| impose such conditions as may be necessary to accomplish
the | 24 |
| purposes of the Act and are consistent with this Act and | 25 |
| regulations
promulgated by the Board hereunder. If the Agency | 26 |
| refuses to grant
authorization under this Section, the | 27 |
| applicant may appeal as if the Agency
refused to grant a | 28 |
| permit, pursuant to the provisions of subsection (a) of
Section | 29 |
| 40 of this Act. For purposes of this subsection (h), the term
| 30 |
| "generator" has the meaning given in Section 3.205 of this Act,
| 31 |
| unless: (1) the hazardous waste is treated, incinerated, or | 32 |
| partially recycled
for reuse prior to disposal, in which case | 33 |
| the last person who treats,
incinerates, or partially recycles | 34 |
| the hazardous waste prior to disposal is the
generator; or (2) | 35 |
| the hazardous waste is from a response action, in which case
| 36 |
| the person performing the response action is the generator. |
|
|
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LRB094 13234 RSP 48088 b |
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| 1 |
| This subsection
(h) does not apply to any hazardous waste that | 2 |
| is restricted from land disposal
under 35 Ill. Adm. Code 728.
| 3 |
| (i) Before issuing any RCRA permit, any permit for a waste | 4 |
| storage site,
sanitary landfill, waste disposal site, waste | 5 |
| transfer station, waste treatment
facility, waste incinerator, | 6 |
| or any waste-transportation operation, or any permit for a | 7 |
| clean construction or demolition debris fill operation, the | 8 |
| Agency
shall conduct an evaluation of the prospective owner's | 9 |
| or operator's prior
experience in waste management operations. | 10 |
| The Agency may deny such a permit
if the prospective owner or | 11 |
| operator or any employee or officer of the
prospective owner or | 12 |
| operator has a history of:
| 13 |
| (1) repeated violations of federal, State, or local | 14 |
| laws, regulations,
standards, or ordinances in the | 15 |
| operation of waste management facilities or
sites; or
| 16 |
| (2) conviction in this or another State of any crime | 17 |
| which is a felony
under the laws of this State, or | 18 |
| conviction of a felony in a federal court; or
| 19 |
| (3) proof of gross carelessness or incompetence in | 20 |
| handling, storing,
processing, transporting or disposing | 21 |
| of waste.
| 22 |
| (i-5) Before issuing any permit or approving any interim | 23 |
| authorization for a clean construction or demolition debris | 24 |
| fill operation in which any ownership interest is transferred | 25 |
| between January 1, 2005, and the effective date of the | 26 |
| prohibition set forth in Section 22.52 of this Act, the Agency | 27 |
| shall conduct an evaluation of the operation if any previous | 28 |
| activities at the site or facility may have caused or allowed | 29 |
| contamination of the site. It shall be the responsibility of | 30 |
| the owner or operator seeking the permit or interim | 31 |
| authorization to provide to the Agency all of the information | 32 |
| necessary for the Agency to conduct its evaluation. The Agency | 33 |
| may deny a permit or interim authorization if previous | 34 |
| activities at the site may have caused or allowed contamination | 35 |
| at the site, unless such contamination is authorized under any | 36 |
| permit issued by the Agency.
|
|
|
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LRB094 13234 RSP 48088 b |
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| 1 |
| (j) The issuance under this Act of a permit to engage in | 2 |
| the surface mining
of any resources other than fossil fuels | 3 |
| shall not relieve
the permittee from its duty to comply with | 4 |
| any applicable local law regulating
the commencement, location | 5 |
| or operation of surface mining facilities.
| 6 |
| (k) A development permit issued under subsection (a) of | 7 |
| Section 39 for any
facility or site which is required to have a | 8 |
| permit under subsection (d) of
Section 21 shall expire at the | 9 |
| end of 2 calendar years from the date upon which
it was issued, | 10 |
| unless within that period the applicant has taken action to
| 11 |
| develop the facility or the site. In the event that review of | 12 |
| the
conditions of the development permit is sought pursuant to | 13 |
| Section 40 or
41, or permittee is prevented from commencing | 14 |
| development of the facility
or site by any other litigation | 15 |
| beyond the permittee's control, such
two-year period shall be | 16 |
| deemed to begin on the date upon which such review
process or | 17 |
| litigation is concluded.
| 18 |
| (l) No permit shall be issued by the Agency under this Act | 19 |
| for
construction or operation of any facility or site located | 20 |
| within the
boundaries of any setback zone established pursuant | 21 |
| to this Act, where such
construction or operation is | 22 |
| prohibited.
| 23 |
| (m) The Agency may issue permits to persons owning or | 24 |
| operating
a facility for composting landscape waste. In | 25 |
| granting such permits, the Agency
may impose such conditions as | 26 |
| may be necessary to accomplish the purposes of
this Act, and as | 27 |
| are not inconsistent with applicable regulations promulgated
| 28 |
| by the Board. Except as otherwise provided in this Act, a bond | 29 |
| or other
security shall not be required as a condition for the | 30 |
| issuance of a permit. If
the Agency denies any permit pursuant | 31 |
| to this subsection, the Agency shall
transmit to the applicant | 32 |
| within the time limitations of this subsection
specific, | 33 |
| detailed statements as to the reasons the permit application | 34 |
| was
denied. Such statements shall include but not be limited to | 35 |
| the following:
| 36 |
| (1) the Sections of this Act that may be violated if |
|
|
|
SB2129 |
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LRB094 13234 RSP 48088 b |
|
| 1 |
| the permit
were granted;
| 2 |
| (2) the specific regulations promulgated pursuant to | 3 |
| this
Act that may be violated if the permit were granted;
| 4 |
| (3) the specific information, if any, the Agency deems | 5 |
| the
applicant did not provide in its application to the | 6 |
| Agency; and
| 7 |
| (4) a statement of specific reasons why the Act and the | 8 |
| regulations
might be violated if the permit were granted.
| 9 |
| If no final action is taken by the Agency within 90 days | 10 |
| after the filing
of the application for permit, the applicant | 11 |
| may deem the permit issued.
Any applicant for a permit may | 12 |
| waive the 90 day limitation by filing a
written statement with | 13 |
| the Agency.
| 14 |
| The Agency shall issue permits for such facilities upon | 15 |
| receipt of an
application that includes a legal description of | 16 |
| the site, a topographic
map of the site drawn to the scale of | 17 |
| 200 feet to the inch or larger, a
description of the operation, | 18 |
| including the area served, an estimate of
the volume of | 19 |
| materials to be processed, and documentation that:
| 20 |
| (1) the facility includes a setback of at
least 200 | 21 |
| feet from the nearest potable water supply well;
| 22 |
| (2) the facility is located outside the boundary
of the | 23 |
| 10-year floodplain or the site will be floodproofed;
| 24 |
| (3) the facility is located so as to minimize
| 25 |
| incompatibility with the character of the surrounding | 26 |
| area, including at
least a 200 foot setback from any | 27 |
| residence, and in the case of a
facility that is developed | 28 |
| or the permitted composting area of which is
expanded after | 29 |
| November 17, 1991, the composting area is located at least | 30 |
| 1/8
mile from the nearest residence (other than a residence | 31 |
| located on the same
property as the facility);
| 32 |
| (4) the design of the facility will prevent any compost | 33 |
| material from
being placed within 5 feet of the water | 34 |
| table, will adequately control runoff
from the site, and | 35 |
| will collect and manage any leachate that is generated on
| 36 |
| the site;
|
|
|
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LRB094 13234 RSP 48088 b |
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| 1 |
| (5) the operation of the facility will include | 2 |
| appropriate dust
and odor control measures, limitations on | 3 |
| operating hours, appropriate
noise control measures for | 4 |
| shredding, chipping and similar equipment,
management | 5 |
| procedures for composting, containment and disposal of
| 6 |
| non-compostable wastes, procedures to be used for
| 7 |
| terminating operations at the site, and recordkeeping | 8 |
| sufficient to
document the amount of materials received, | 9 |
| composted and otherwise
disposed of; and
| 10 |
| (6) the operation will be conducted in accordance with | 11 |
| any applicable
rules adopted by the Board.
| 12 |
| The Agency shall issue renewable permits of not longer than | 13 |
| 10 years
in duration for the composting of landscape wastes, as | 14 |
| defined in Section
3.155 of this Act, based on the above | 15 |
| requirements.
| 16 |
| The operator of any facility permitted under this | 17 |
| subsection (m) must
submit a written annual statement to the | 18 |
| Agency on or before April 1 of
each year that includes an | 19 |
| estimate of the amount of material, in tons,
received for | 20 |
| composting.
| 21 |
| (n) The Agency shall issue permits jointly with the | 22 |
| Department of
Transportation for the dredging or deposit of | 23 |
| material in Lake Michigan in
accordance with Section 18 of the | 24 |
| Rivers, Lakes, and Streams Act.
| 25 |
| (o) (Blank.)
| 26 |
| (p) (1) Any person submitting an application for a permit | 27 |
| for a new MSWLF
unit or for a lateral expansion under | 28 |
| subsection (t) of Section 21 of this Act
for an existing MSWLF | 29 |
| unit that has not received and is not subject to local
siting | 30 |
| approval under Section 39.2 of this Act shall publish notice of | 31 |
| the
application in a newspaper of general circulation in the | 32 |
| county in which the
MSWLF unit is or is proposed to be located. | 33 |
| The notice must be published at
least 15 days before submission | 34 |
| of the permit application to the Agency. The
notice shall state | 35 |
| the name and address of the applicant, the location of the
| 36 |
| MSWLF unit or proposed MSWLF unit, the nature and size of the |
|
|
|
SB2129 |
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LRB094 13234 RSP 48088 b |
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| 1 |
| MSWLF unit or
proposed MSWLF unit, the nature of the activity | 2 |
| proposed, the probable life of
the proposed activity, the date | 3 |
| the permit application will be submitted, and a
statement that | 4 |
| persons may file written comments with the Agency concerning | 5 |
| the
permit application within 30 days after the filing of the | 6 |
| permit application
unless the time period to submit comments is | 7 |
| extended by the Agency.
| 8 |
| When a permit applicant submits information to the Agency | 9 |
| to supplement a
permit application being reviewed by the | 10 |
| Agency, the applicant shall not be
required to reissue the | 11 |
| notice under this subsection.
| 12 |
| (2) The Agency shall accept written comments concerning the | 13 |
| permit
application that are postmarked no later than 30 days | 14 |
| after the
filing of the permit application, unless the time | 15 |
| period to accept comments is
extended by the Agency.
| 16 |
| (3) Each applicant for a permit described in part (1) of | 17 |
| this subsection
shall file a
copy of the permit application | 18 |
| with the county board or governing body of the
municipality in | 19 |
| which the MSWLF unit is or is proposed to be located at the
| 20 |
| same time the application is submitted to the Agency. The | 21 |
| permit application
filed with the county board or governing | 22 |
| body of the municipality shall include
all documents submitted | 23 |
| to or to be submitted to the Agency, except trade
secrets as | 24 |
| determined under Section 7.1 of this Act. The permit | 25 |
| application
and other documents on file with the county board | 26 |
| or governing body of the
municipality shall be made available | 27 |
| for public inspection during regular
business hours at the | 28 |
| office of the county board or the governing body of the
| 29 |
| municipality and may be copied upon payment of the actual cost | 30 |
| of
reproduction. | 31 |
| (q) Until such time as the Board adopts regulations | 32 |
| requiring a permit for a recycling, reclamation, or reuse | 33 |
| operation for which a permit is sought, the applicant shall | 34 |
| apply to the Agency for such a permit exclusively under this | 35 |
| subsection (q), and it shall be the duty of the Agency to issue | 36 |
| such a permit upon proof by the applicant of the following: |
|
|
|
SB2129 |
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LRB094 13234 RSP 48088 b |
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| 1 |
| (1) the recycling, reclamation, or reuse operation | 2 |
| will not violate this Act or regulations or standards | 3 |
| adopted by the Board, and will otherwise adequately protect | 4 |
| human health and safety and the environment; | 5 |
| (2) the raw material or product created from the waste | 6 |
| or other material being recycled, reclaimed, or reused is | 7 |
| intended to function or serve as an effective substitute | 8 |
| for an analogous raw material or product; | 9 |
| (3) a market exists for the raw material or product | 10 |
| created from the waste or other material being recycled, | 11 |
| reclaimed, or reused; | 12 |
| (4) the waste or other material being recycled, | 13 |
| reclaimed, or reused is returned to the economic mainstream | 14 |
| as a raw material or product; and | 15 |
| (5) the recycling, reclamation, or reuse does not | 16 |
| constitute disposal. | 17 |
| In granting permits, the Agency may impose such conditions | 18 |
| as may be necessary to assure compliance with this Act and with | 19 |
| Board regulations and standards adopted under this Act. | 20 |
| Applications for permits submitted under this subsection (q) | 21 |
| shall be submitted on forms and contain the information and | 22 |
| data prescribed by the Agency. | 23 |
| Upon the Board's adoption of regulations requiring a permit | 24 |
| for a recycling, reclamation, or reuse operation for which a | 25 |
| permit is sought, the applicant shall apply to the Agency for | 26 |
| such a permit in accordance with subsection (a) of this Section | 27 |
| and Board regulations. Any permit issued for a recycling, | 28 |
| reclamation, or reuse operation under this subsection (q) shall | 29 |
| expire no later than one year after the date the Board adopts | 30 |
| rules requiring a permit for the recycling, reclamation, or | 31 |
| reuse operation. | 32 |
| This subsection (q) applies only to permits required under | 33 |
| Section 22.51(b) of this Act.
| 34 |
| (Source: P.A. 93-575, eff. 1-1-04; 94-272, eff. 7-19-05.)
| 35 |
| Section 99. Effective date. This Act takes effect upon |
|
|
|
SB2129 |
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LRB094 13234 RSP 48088 b |
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| 1 |
| becoming law. |
|