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90_HB2706
415 ILCS 5/22.49
Amends the Environmental Protection Act. Provides that
no person may dispose of carwash sludge in any method of land
application. Provides that carwash sludge may not be
discharged into a treatment works except pursuant to the
express authorization of the owner of the treatment works.
Provides carwash sludge may be collected, stored, and treated
at a facility that does not have a solid waste management
permit if certain conditions are met by the facility operator
and owner. Provides that a transporter of carwash sludge
shall provide the generator with written certification
containing certain information concerning any sludge to be
transported. Provides that a person who violates these
provisions is subject to a civil penalty. Effective
immediately.
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LRB9009649JSmg
1 AN ACT to amend the Environmental Protection Act by
2 adding Section 22.49.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by adding Section 22.49 as follows:
7 (415 ILCS 5/22.49)
8 Sec. 22.49. Carwash sludge.
9 (a) As used in this Section:
10 "Carwash sludge" means the heavier than water fraction of
11 wastewaters generated from washing the exterior of vehicles,
12 including trucks, which wastewaters have been discharged to a
13 pretreatment unit or device, commonly referred to as a catch
14 basin, located at a commercial washing facility or at a
15 facility used for washing a fleet of greater than 20
16 vehicles. The principal components of carwash sludge are
17 grit, road oils, vehicle oils, salt, and dirt.
18 "Fleet" and "vehicle" have the meanings provided in
19 Sections 1-122 and 1-217 of the Illinois Vehicle Code.
20 "Treatment works" has the meaning provided in Section
21 19.2 of this Act.
22 "Remove free liquids" means to remove or stabilize any
23 liquids contained in carwash sludge to enable it to be
24 disposed of lawfully in a sanitary landfill in accordance
25 with Board rules.
26 (b) Beginning on the effective date of this amendatory
27 Act of 1998, no person may cause or allow the disposal of
28 carwash sludge in Illinois by any method of land application.
29 (c) Beginning on the effective date of this amendatory
30 Act of 1998, no person may cause or allow the discharge,
31 deposit, or disposal of carwash sludge into a treatment works
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1 or into a sewer tributary to a treatment works or into a
2 stormwater sewer, except pursuant to the express
3 authorization, by ordinance or license, of the owner of the
4 treatment works and the owner of the sewer. Nothing in this
5 subsection shall be construed to require treatment works or
6 sewer owners to establish any ordinance or program to provide
7 that authorization.
8 (d) Beginning on the effective date of this amendatory
9 Act of 1998, carwash sludge may be collected, stored, and
10 treated at a facility for the limited purpose of removing
11 free liquids without the requirement of a solid waste
12 management permit from the Agency, provided the following
13 requirements are met by the facility operator and owner:
14 (1) On or before January 31 of each year, the
15 operator and owner of the facility shall provide a
16 written report to the Agency's Bureau of Land and to the
17 owner of the treatment works in whose jurisdiction the
18 facility is located, which shall contain the following
19 information:
20 (A) the street and mailing address of the
21 facility;
22 (B) the full name and address of both the
23 owner and the operator of the facility;
24 (C) the construction material and capacity of
25 each tank, container, or pit in which the removal of
26 free liquids is to occur; and
27 (D) the volume of carwash sludge received at
28 and removed from the facility during the previous
29 calendar year, if any;
30 (2) Such sludge is collected and treated in a
31 container, tank, or pit constructed of compatible
32 non-earthen materials and capable of preventing the
33 release of the sludge and its components to the
34 environment;
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1 (3) Not more than 20,000 gallons of such sludge is
2 managed at the facility at any one time;
3 (4) All sludge is stored and treated in a covered
4 area protected from precipitation and flooding;
5 (5) The facility operator must prepare and maintain
6 on-site a copy of a current Spill Prevention, Control and
7 Countermeasure Plan; and
8 (6) Sludge managed pursuant to this Section shall
9 be removed for disposal within 30 days of its receipt at
10 the facility.
11 (e) Beginning on the effective date of this amendatory
12 Act of 1998, each time carwash sludge is transported away
13 from the location at which it is generated, the transporter
14 shall provide the generator with a written certification of
15 the name, address, and telephone number of the facility to
16 which such sludge is to be transported for management.
17 (f) A person who violates this Section shall be subject
18 to the civil penalties specified in subsection (a) of Section
19 42 of this Act. However, in any action to enforce this
20 Section brought by or on behalf of the owner of an affected
21 treatment works or sewer, such owner shall be entitled to
22 recover 75% of any penalty assessed.
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.