Illinois General Assembly - Full Text of HB0937
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Full Text of HB0937  95th 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 Section 3.330 as follows:
6     (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
7     Sec. 3.330. Pollution control facility.
8     (a) "Pollution control facility" is any waste storage site,
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 accepting
10     exclusively general construction or demolition debris,
11     located in a county with a population over 700,000 as of
12     January 1, 2000, and operated and located in accordance
13     with Section 22.38 of this Act;
14         (14) the portion of a site or facility, located within
15     a unit of local government that has enacted local zoning
16     requirements, used to accept, separate, and process
17     uncontaminated broken concrete, with or without protruding
18     metal bars, provided that the uncontaminated broken
19     concrete and metal bars are not speculatively accumulated,
20     are at the site or facility no longer than one year after
21     their acceptance, and are returned to the economic
22     mainstream in the form of raw materials or products; and
23         (15) the portion of a site or facility located in a
24     county with a population over 3,000,000 that has obtained
25     local siting approval under Section 39.2 of this Act for a
26     municipal waste incinerator on or before July 1, 2005 and



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1     that is used for a non-hazardous waste transfer station;
2     and .
3         (16) the portion of a site or facility located in a
4     county with a population greater than 3,000,000 that has
5     obtained local siting approval, under Section 39.2 of this
6     Act, for a municipal waste incinerator on or before July 1,
7     2005 and that is used for wood combustion facilities for
8     energy recovery that accept and burn only wood material, as
9     included in a fuel specification approved by the Agency.
10     (b) A new pollution control facility is:
11         (1) a pollution control facility initially permitted
12     for development or construction after July 1, 1981; or
13         (2) the area of expansion beyond the boundary of a
14     currently permitted pollution control facility; or
15         (3) a permitted pollution control facility requesting
16     approval to store, dispose of, transfer or incinerate, for
17     the first time, any special or hazardous waste.
18 (Source: P.A. 93-998, eff. 8-23-04; 94-94, eff. 7-1-05; 94-249,
19 eff. 7-19-05; 94-824, eff. 6-2-06; revised 8-3-06.)
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.