Full Text of HB3142 99th General Assembly
HB3142 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3142 Introduced , by Rep. Michael W. Tryon SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/3.330 | was 415 ILCS 5/3.32 |
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Amends the Environmental Protection Act. Makes a technical change in a Section concerning pollution control facilities.
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| | A BILL FOR |
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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 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 accepts | 10 | | exclusively general
construction or demolition debris and | 11 | | is operated and located in accordance with Section 22.38 of | 12 | | this Act; | 13 | | (14) the portion of a site or facility, located within | 14 | | a unit of local government that has enacted local zoning | 15 | | requirements, used to accept, separate, and process | 16 | | uncontaminated broken concrete, with or without protruding | 17 | | metal bars, provided that the uncontaminated broken | 18 | | concrete and metal bars are not speculatively accumulated, | 19 | | are at the site or facility no longer than one year after | 20 | | their acceptance, and are returned to the economic | 21 | | mainstream in the form of raw materials or products;
| 22 | | (15) the portion of a site or facility located in a | 23 | | county with a population over 3,000,000 that has obtained | 24 | | local siting approval under Section 39.2 of this Act for a | 25 | | municipal waste incinerator on or before July 1, 2005 and | 26 | | that is used for a non-hazardous waste transfer station;
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| 1 | | (16) a site or facility that temporarily holds in | 2 | | transit for 10 days or less, non-putrescible solid waste in | 3 | | original containers, no larger in capacity than 500 | 4 | | gallons, provided that such waste is further transferred to | 5 | | a recycling, disposal, treatment, or storage facility on a | 6 | | non-contiguous site and provided such site or facility | 7 | | complies with the applicable 10-day transfer requirements | 8 | | of the federal Resource Conservation and Recovery Act of | 9 | | 1976 and United States Department of Transportation | 10 | | hazardous material requirements. For purposes of this | 11 | | Section only, "non-putrescible solid waste" means waste | 12 | | other than municipal garbage that does not rot or become | 13 | | putrid, including, but not limited to, paints, solvent, | 14 | | filters, and absorbents;
| 15 | | (17)
the portion of a site or facility located in a | 16 | | county with a population greater than 3,000,000 that has | 17 | | obtained local siting approval, under Section 39.2 of this | 18 | | Act, for a municipal waste incinerator on or before July 1, | 19 | | 2005 and that is used for wood combustion facilities for | 20 | | energy recovery that accept and burn only wood material, as | 21 | | included in a fuel specification approved by the Agency;
| 22 | | (18)
a transfer station used exclusively for landscape | 23 | | waste, including a transfer station where landscape waste | 24 | | is ground to reduce its volume, where the landscape waste | 25 | | is held no longer than 24 hours from the time it was | 26 | | received; |
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| 1 | | (19) the portion of a site or facility that (i) is used | 2 | | for the composting of food scrap, livestock waste, crop | 3 | | residue, uncontaminated wood waste, or paper waste, | 4 | | including, but not limited to, corrugated paper or | 5 | | cardboard, and (ii) meets all of the following | 6 | | requirements: | 7 | | (A) There must not be more than a total of 30,000 | 8 | | cubic yards of livestock waste in raw form or in the | 9 | | process of being composted at the site or facility at | 10 | | any one time. | 11 | | (B) All food scrap, livestock waste, crop residue, | 12 | | uncontaminated wood waste, and paper waste must, by the | 13 | | end of each operating day, be processed and placed into | 14 | | an enclosed vessel in which air flow and temperature | 15 | | are controlled, or all of the following additional | 16 | | requirements must be met: | 17 | | (i) The portion of the site or facility used | 18 | | for the composting operation must include a | 19 | | setback of at least 200 feet from the nearest | 20 | | potable water supply well. | 21 | | (ii) The portion of the site or facility used | 22 | | for the composting operation must be located | 23 | | outside the boundary of the 10-year floodplain or | 24 | | floodproofed. | 25 | | (iii) Except in municipalities with more than | 26 | | 1,000,000 inhabitants, the portion of the site or |
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| 1 | | facility used for the composting operation must be | 2 | | located at least one-eighth of a mile from the | 3 | | nearest residence, other than a residence located | 4 | | on the same property as the site or facility. | 5 | | (iv) The portion of the site or facility used | 6 | | for the composting operation must be located at | 7 | | least one-eighth of a mile from the property line | 8 | | of all of the following areas: | 9 | | (I) Facilities that primarily serve to | 10 | | house or treat people that are | 11 | | immunocompromised or immunosuppressed, such as | 12 | | cancer or AIDS patients; people with asthma, | 13 | | cystic fibrosis, or bioaerosol allergies; or | 14 | | children under the age of one year. | 15 | | (II) Primary and secondary schools and | 16 | | adjacent areas that the schools use for | 17 | | recreation. | 18 | | (III) Any facility for child care licensed | 19 | | under Section 3 of the Child Care Act of 1969; | 20 | | preschools; and adjacent areas that the | 21 | | facilities or preschools use for recreation. | 22 | | (v) By the end of each operating day, all food | 23 | | scrap, livestock waste, crop residue, | 24 | | uncontaminated wood waste, and paper waste must be | 25 | | (i) processed into windrows or other piles and (ii) | 26 | | covered in a manner that prevents scavenging by |
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| 1 | | birds and animals and that prevents other | 2 | | nuisances. | 3 | | (C) Food scrap, livestock waste, crop residue, | 4 | | uncontaminated wood waste, paper waste, and compost | 5 | | must not be placed within 5 feet of the water table. | 6 | | (D) The site or facility must meet all of the | 7 | | requirements of the Wild and Scenic Rivers Act (16 | 8 | | U.S.C. 1271 et seq.). | 9 | | (E) The site or facility must not (i) restrict the | 10 | | flow of a 100-year flood, (ii) result in washout of | 11 | | food scrap, livestock waste, crop residue, | 12 | | uncontaminated wood waste, or paper waste from a | 13 | | 100-year flood, or (iii) reduce the temporary water | 14 | | storage capacity of the 100-year floodplain, unless | 15 | | measures are undertaken to provide alternative storage | 16 | | capacity, such as by providing lagoons, holding tanks, | 17 | | or drainage around structures at the facility. | 18 | | (F) The site or facility must not be located in any | 19 | | area where it may pose a threat of harm or destruction | 20 | | to the features for which: | 21 | | (i) an irreplaceable historic or | 22 | | archaeological site has been listed under the | 23 | | National Historic Preservation Act (16 U.S.C. 470 | 24 | | et seq.) or the Illinois Historic Preservation | 25 | | Act; | 26 | | (ii) a natural landmark has been designated by |
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| 1 | | the National Park Service or the Illinois State | 2 | | Historic Preservation Office; or | 3 | | (iii) a natural area has been designated as a | 4 | | Dedicated Illinois Nature Preserve under the | 5 | | Illinois Natural Areas Preservation Act. | 6 | | (G) The site or facility must not be located in an | 7 | | area where it may jeopardize the continued existence of | 8 | | any designated endangered species, result in the | 9 | | destruction or adverse modification of the critical | 10 | | habitat for such species, or cause or contribute to the | 11 | | taking of any endangered or threatened species of | 12 | | plant, fish, or wildlife listed under the Endangered | 13 | | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | 14 | | Endangered Species Protection Act; | 15 | | (20) the portion of a site or facility that is located | 16 | | entirely within a home rule unit having a population of no | 17 | | less than 120,000 and no more than 135,000, according to | 18 | | the 2000 federal census, and that meets all of the | 19 | | following requirements: | 20 | | (i) the portion of the site or facility is used | 21 | | exclusively to perform testing of a thermochemical | 22 | | conversion technology using only woody biomass, | 23 | | collected as landscape waste within the boundaries of | 24 | | the home rule unit, as the hydrocarbon feedstock for | 25 | | the production of synthetic gas in accordance with | 26 | | Section 39.9 of this Act; |
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| 1 | | (ii) the portion of the site or facility is in | 2 | | compliance with all applicable zoning requirements; | 3 | | and | 4 | | (iii) a complete application for a demonstration | 5 | | permit at the portion of the site or facility has been | 6 | | submitted to the Agency in accordance with Section 39.9 | 7 | | of this Act within one year after July 27, 2010 (the | 8 | | effective date of Public Act 96-1314); | 9 | | (21) the portion of a site or facility used to perform | 10 | | limited testing of a gasification conversion technology in | 11 | | accordance with Section 39.8 of this Act and for which a | 12 | | complete permit application has been submitted to the | 13 | | Agency prior to one year from April 9, 2010 (the effective | 14 | | date of Public Act 96-887);
| 15 | | (22) the portion of a site or facility that is used to | 16 | | incinerate only pharmaceuticals from residential sources | 17 | | that are collected and transported by law enforcement | 18 | | agencies under Section 17.9A of this Act; and | 19 | | (23) until July 1, 2017, the portion of a site or | 20 | | facility: | 21 | | (A) that is used exclusively for the transfer of | 22 | | commingled landscape waste and food scrap held at the | 23 | | site or facility for no longer than 24 hours after | 24 | | their receipt; | 25 | | (B) that is located entirely within a home rule | 26 | | unit having a population of either (i) not less than |
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| 1 | | 100,000 and not more than 115,000 according to the 2010 | 2 | | federal census or (ii) not less than 5,000 and not more | 3 | | than 10,000 according to the 2010 federal census; | 4 | | (C) that is permitted, by the Agency, prior to | 5 | | January 1, 2002, for the transfer of landscape waste; | 6 | | and | 7 | | (D) for which a permit application is submitted to | 8 | | the Agency within 6 months after January 1, 2014 (the | 9 | | effective date of Public Act 98-146) to modify an | 10 | | existing permit for the transfer of landscape waste to | 11 | | also include, on a demonstration basis not to exceed 18 | 12 | | months, the transfer of commingled landscape waste and | 13 | | food scrap. | 14 | | (b) A new pollution control facility is:
| 15 | | (1) a pollution control facility initially permitted | 16 | | for development or
construction after July 1, 1981; or
| 17 | | (2) the area of expansion beyond the boundary of a | 18 | | currently permitted
pollution control facility; or
| 19 | | (3) a permitted pollution control facility requesting | 20 | | approval to
store, dispose of, transfer or incinerate, for | 21 | | the first time, any special
or hazardous waste.
| 22 | | (Source: P.A. 97-333, eff. 8-12-11; 97-545, eff. 1-1-12; | 23 | | 98-146, eff. 1-1-14; 98-239, eff. 8-9-13; 98-756, eff. 7-16-14; | 24 | | 98-1130, eff. 1-1-15.)
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