Illinois General Assembly - Full Text of HB3095
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Full Text of HB3095  103rd General Assembly

HB3095sam001 103RD GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 5/3/2023

 

 


 

 


 
10300HB3095sam001LRB103 29060 LNS 61392 a

1
AMENDMENT TO HOUSE BILL 3095

2    AMENDMENT NO. ______. Amend House Bill 3095 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Section 3.330 and by adding Section 22.63 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
9site, sanitary landfill, waste disposal site, waste transfer
10station, waste treatment facility, or waste incinerator. This
11includes sewers, sewage treatment plants, and any other
12facilities owned or operated by sanitary districts organized
13under 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 761.42;

 

 

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1        (3) sites or facilities used by any person conducting
2    a waste storage, waste treatment, waste disposal, waste
3    transfer or waste incineration operation, or a combination
4    thereof, for wastes generated by such person's own
5    activities, when such wastes are stored, treated, disposed
6    of, transferred or incinerated within the site or facility
7    owned, controlled or operated by such person, or when such
8    wastes are transported within or between sites or
9    facilities owned, controlled or operated by such person;
10        (4) sites or facilities at which the State is
11    performing removal or remedial action pursuant to Section
12    22.2 or 55.3;
13        (5) abandoned quarries used solely for the disposal of
14    concrete, earth materials, gravel, or aggregate debris
15    resulting from road construction activities conducted by a
16    unit of government or construction activities due to the
17    construction and installation of underground pipes, lines,
18    conduit or wires off of the premises of a public utility
19    company which are conducted by a public utility;
20        (6) sites or facilities used by any person to
21    specifically conduct a landscape composting operation;
22        (7) regional facilities as defined in the Central
23    Midwest Interstate Low-Level Radioactive Waste Compact;
24        (8) the portion of a site or facility where coal
25    combustion wastes are stored or disposed of in accordance
26    with subdivision (r)(2) or (r)(3) of Section 21;

 

 

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1        (9) the portion of a site or facility used for the
2    collection, storage or processing of waste tires as
3    defined in Title XIV;
4        (10) the portion of a site or facility used for
5    treatment of petroleum contaminated materials by
6    application onto or incorporation into the soil surface
7    and any portion of that site or facility used for storage
8    of petroleum contaminated materials before treatment. Only
9    those categories of petroleum listed in Section 57.9(a)(3)
10    are exempt under this subdivision (10);
11        (11) the portion of a site or facility where used oil
12    is collected or stored prior to shipment to a recycling or
13    energy recovery facility, provided that the used oil is
14    generated by households or commercial establishments, and
15    the site or facility is a recycling center or a business
16    where oil or gasoline is sold at retail;
17        (11.5) processing sites or facilities that receive
18    only on-specification used oil, as defined in 35 Ill. Adm.
19    Code 739, originating from used oil collectors for
20    processing that is managed under 35 Ill. Adm. Code 739 to
21    produce products for sale to off-site petroleum
22    facilities, if these processing sites or facilities are:
23    (i) located within a home rule unit of local government
24    with a population of at least 30,000 according to the 2000
25    federal census, that home rule unit of local government
26    has been designated as an Urban Round II Empowerment Zone

 

 

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1    by the United States Department of Housing and Urban
2    Development, and that home rule unit of local government
3    has enacted an ordinance approving the location of the
4    site or facility and provided funding for the site or
5    facility; and (ii) in compliance with all applicable
6    zoning requirements;
7        (12) the portion of a site or facility utilizing coal
8    combustion waste for stabilization and treatment of only
9    waste generated on that site or facility when used in
10    connection with response actions pursuant to the federal
11    Comprehensive Environmental Response, Compensation, and
12    Liability Act of 1980, the federal Resource Conservation
13    and Recovery Act of 1976, or the Illinois Environmental
14    Protection Act or as authorized by the Agency;
15        (13) the portion of a site or facility regulated under
16    Section 22.38 of this Act;
17        (14) the portion of a site or facility, located within
18    a unit of local government that has enacted local zoning
19    requirements, used to accept, separate, and process
20    uncontaminated broken concrete, with or without protruding
21    metal bars, provided that the uncontaminated broken
22    concrete and metal bars are not speculatively accumulated,
23    are at the site or facility no longer than one year after
24    their acceptance, and are returned to the economic
25    mainstream in the form of raw materials or products;
26        (15) the portion of a site or facility located in a

 

 

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

 

 

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1        (18) a transfer station used exclusively for landscape
2    waste, including a transfer station where landscape waste
3    is ground to reduce its volume, where the landscape waste
4    is held no longer than 24 hours from the time it was
5    received;
6        (19) the portion of a site or facility that (i) is used
7    for the composting of food scrap, livestock waste, crop
8    residue, uncontaminated wood waste, or paper waste,
9    including, but not limited to, corrugated paper or
10    cardboard, and (ii) meets all of the following
11    requirements:
12            (A) There must not be more than a total of 30,000
13        cubic yards of livestock waste in raw form or in the
14        process of being composted at the site or facility at
15        any one time.
16            (B) All food scrap, livestock waste, crop residue,
17        uncontaminated wood waste, and paper waste must, by
18        the end of each operating day, be processed and placed
19        into an enclosed vessel in which air flow and
20        temperature are controlled, or all of the following
21        additional requirements must be met:
22                (i) The portion of the site or facility used
23            for the composting operation must include a
24            setback of at least 200 feet from the nearest
25            potable water supply well.
26                (ii) The portion of the site or facility used

 

 

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1            for the composting operation must be located
2            outside the boundary of the 10-year floodplain or
3            floodproofed.
4                (iii) Except in municipalities with more than
5            1,000,000 inhabitants, the portion of the site or
6            facility used for the composting operation must be
7            located at least one-eighth of a mile from the
8            nearest residence, other than a residence located
9            on the same property as the site or facility.
10                (iv) The portion of the site or facility used
11            for the composting operation must be located at
12            least one-eighth of a mile from the property line
13            of all of the following areas:
14                    (I) Facilities that primarily serve to
15                house or treat people that are
16                immunocompromised or immunosuppressed, such as
17                cancer or AIDS patients; people with asthma,
18                cystic fibrosis, or bioaerosol allergies; or
19                children under the age of one year.
20                    (II) Primary and secondary schools and
21                adjacent areas that the schools use for
22                recreation.
23                    (III) Any facility for child care licensed
24                under Section 3 of the Child Care Act of 1969;
25                preschools; and adjacent areas that the
26                facilities or preschools use for recreation.

 

 

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

 

 

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

 

 

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

 

 

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1        site or facility for no longer than 24 hours after
2        their receipt;
3            (B) that is located entirely within a home rule
4        unit having a population of (i) not less than 100,000
5        and not more than 115,000 according to the 2010
6        federal census, (ii) not less than 5,000 and not more
7        than 10,000 according to the 2010 federal census, or
8        (iii) not less than 25,000 and not more than 30,000
9        according to the 2010 federal census or that is
10        located in the unincorporated area of a county having
11        a population of not less than 700,000 and not more than
12        705,000 according to the 2010 federal census;
13            (C) that is permitted, by the Agency, prior to
14        January 1, 2002, for the transfer of landscape waste
15        if located in a home rule unit or that is permitted
16        prior to January 1, 2008 if located in an
17        unincorporated area of a county; and
18            (D) for which a permit application is submitted to
19        the Agency to modify an existing permit for the
20        transfer of landscape waste to also include, on a
21        demonstration basis not to exceed 24 months each time
22        a permit is issued, the transfer of commingled
23        landscape waste and food scrap or for which a permit
24        application is submitted to the Agency within 6 months
25        of August 11, 2017 (the effective date of Public Act
26        100-94);

 

 

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1        (24) the portion of a municipal solid waste landfill
2    unit:
3            (A) that is located in a county having a
4        population of not less than 55,000 and not more than
5        60,000 according to the 2010 federal census;
6            (B) that is owned by that county;
7            (C) that is permitted, by the Agency, prior to
8        July 10, 2015 (the effective date of Public Act
9        99-12); and
10            (D) for which a permit application is submitted to
11        the Agency within 6 months after July 10, 2015 (the
12        effective date of Public Act 99-12) for the disposal
13        of non-hazardous special waste; and
14        (25) the portion of a site or facility used during a
15    mass animal mortality event, as defined in the Animal
16    Mortality Act, where such waste is collected, stored,
17    processed, disposed, or incinerated under a mass animal
18    mortality event plan issued by the Department of
19    Agriculture; and .
20        (26) the portion of a mine used for the placement of
21    limestone residual materials generated from the treatment
22    of drinking water by a municipal utility in accordance
23    with rules adopted under Section 22.63.
24    (b) A new pollution control facility is:
25        (1) a pollution control facility initially permitted
26    for development or construction after July 1, 1981; or

 

 

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1        (2) the area of expansion beyond the boundary of a
2    currently permitted pollution control facility; or
3        (3) a permitted pollution control facility requesting
4    approval to store, dispose of, transfer or incinerate, for
5    the first time, any special or hazardous waste.
6(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
7102-813, eff. 5-13-22.)
 
8    (415 ILCS 5/22.63 new)
9    Sec. 22.63. Rules for placement of limestone residual
10materials. The Board shall adopt rules for the placement of
11limestone residual materials generated from the treatment of
12drinking water by a municipal utility in an underground
13limestone mine located in whole or in part within the
14municipality that operates the municipal utility. The rules
15shall be consistent with the Board's Underground Injection
16Control regulations for Class V wells, as long as the rules
17allow for the limestone residual materials to be delivered to
18and placed in the mine by means other than an injection well.
19Rules adopted pursuant to this Section shall be adopted in
20accordance with the provisions and requirements of Title VII
21of this Act and the procedures for rulemaking in Section 5-35
22of the Illinois Administrative Procedure Act, as long as a
23municipality proposing rules pursuant to this Section is not
24required to include in its proposal a petition signed by at
25least 200 persons as required under subsection (a) of Section

 

 

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128. Rules adopted pursuant to this Section shall not be
2considered a part of the State Underground Injection Control
3program established under this Act.
4    For purposes of this Section, "limestone residual
5material" means limestone residual generated from the
6treatment of drinking water at a publicly-owned drinking water
7treatment plant.".