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90_HB2821ham001
LRB9009549NTsbam05
1 AMENDMENT TO HOUSE BILL 2821
2 AMENDMENT NO. . Amend House Bill 2821 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT concerning environmental protection, amending
5 named Acts."; and
6 on page 1, immediately below line 4, by inserting the
7 following:
8 "Section 3. The State Finance Act is amended by adding
9 Section 5.480 as follows:
10 (30 ILCS 105/5.480 new)
11 Sec. 5.480. The Local Waste Reduction and Recycling
12 Fund."; and
13 on page 1, line 6, by replacing "Section 22.15" with
14 "Sections 21 and 22.15 and adding Section 22.15a"; and
15 on page 1, below line 6, by inserting the following:
16 "(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
17 Sec. 21. No person shall:
18 (a) Cause or allow the open dumping of any waste.
19 (b) Abandon, dump, or deposit any waste upon the public
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1 highways or other public property, except in a sanitary
2 landfill approved by the Agency pursuant to regulations
3 adopted by the Board.
4 (c) Abandon any vehicle in violation of the "Abandoned
5 Vehicles Amendment to the Illinois Vehicle Code", as enacted
6 by the 76th General Assembly.
7 (d) Conduct any waste-storage, waste-treatment, or
8 waste-disposal operation:
9 (1) without a permit granted by the Agency or in
10 violation of any conditions imposed by such permit,
11 including periodic reports and full access to adequate
12 records and the inspection of facilities, as may be
13 necessary to assure compliance with this Act and with
14 regulations and standards adopted thereunder; provided,
15 however, that, except for municipal solid waste landfill
16 units that receive waste on or after October 9, 1993, no
17 permit shall be required for (i) any person conducting a
18 waste-storage, waste-treatment, or waste-disposal
19 operation for wastes generated by such person's own
20 activities which are stored, treated, or disposed within
21 the site where such wastes are generated, or (ii) a
22 facility located in a county with a population over
23 700,000, operated and located in accordance with Section
24 22.38 of this Act, and used exclusively for the transfer,
25 storage, or treatment of general construction or
26 demolition debris;
27 (2) in violation of any regulations or standards
28 adopted by the Board under this Act; or
29 (3) which receives waste after August 31, 1988,
30 does not have a permit issued by the Agency, and is (i) a
31 landfill used exclusively for the disposal of waste
32 generated at the site, (ii) a surface impoundment
33 receiving special waste not listed in an NPDES permit,
34 (iii) a waste pile in which the total volume of waste is
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1 greater than 100 cubic yards or the waste is stored for
2 over one year, or (iv) a land treatment facility
3 receiving special waste generated at the site; without
4 giving notice of the operation to the Agency by January
5 1, 1989, or 30 days after the date on which the operation
6 commences, whichever is later, and every 3 years
7 thereafter. The form for such notification shall be
8 specified by the Agency, and shall be limited to
9 information regarding: the name and address of the
10 location of the operation; the type of operation; the
11 types and amounts of waste stored, treated or disposed of
12 on an annual basis; the remaining capacity of the
13 operation; and the remaining expected life of the
14 operation.
15 Item (3) of this subsection (d) shall not apply to any
16 person engaged in agricultural activity who is disposing of a
17 substance that constitutes solid waste, if the substance was
18 acquired for use by that person on his own property, and the
19 substance is disposed of on his own property in accordance
20 with regulations or standards adopted by the Board.
21 This subsection (d) shall not apply to hazardous waste.
22 (e) Dispose, treat, store or abandon any waste, or
23 transport any waste into this State for disposal, treatment,
24 storage or abandonment, except at a site or facility which
25 meets the requirements of this Act and of regulations and
26 standards thereunder.
27 (f) Conduct any hazardous waste-storage, hazardous
28 waste-treatment or hazardous waste-disposal operation:
29 (1) without a RCRA permit for the site issued by
30 the Agency under subsection (d) of Section 39 of this
31 Act, or in violation of any condition imposed by such
32 permit, including periodic reports and full access to
33 adequate records and the inspection of facilities, as may
34 be necessary to assure compliance with this Act and with
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1 regulations and standards adopted thereunder; or
2 (2) in violation of any regulations or standards
3 adopted by the Board under this Act; or
4 (3) in violation of any RCRA permit filing
5 requirement established under standards adopted by the
6 Board under this Act; or
7 (4) in violation of any order adopted by the Board
8 under this Act.
9 Notwithstanding the above, no RCRA permit shall be
10 required under this subsection or subsection (d) of Section
11 39 of this Act for any person engaged in agricultural
12 activity who is disposing of a substance which has been
13 identified as a hazardous waste, and which has been
14 designated by Board regulations as being subject to this
15 exception, if the substance was acquired for use by that
16 person on his own property and the substance is disposed of
17 on his own property in accordance with regulations or
18 standards adopted by the Board.
19 (g) Conduct any hazardous waste-transportation
20 operation:
21 (1) without registering with and obtaining a permit
22 from the Agency in accordance with the Uniform Program
23 implemented under subsection (l-5) of Section 22.2; or
24 (2) in violation of any regulations or standards
25 adopted by the Board under this Act.
26 (h) Conduct any hazardous waste-recycling or hazardous
27 waste-reclamation or hazardous waste-reuse operation in
28 violation of any regulations, standards or permit
29 requirements adopted by the Board under this Act.
30 (i) Conduct any process or engage in any act which
31 produces hazardous waste in violation of any regulations or
32 standards adopted by the Board under subsections (a) and (c)
33 of Section 22.4 of this Act.
34 (j) Conduct any special waste transportation operation
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1 in violation of any regulations, standards or permit
2 requirements adopted by the Board under this Act. However,
3 sludge from a water or sewage treatment plant owned and
4 operated by a unit of local government which (1) is subject
5 to a sludge management plan approved by the Agency or a
6 permit granted by the Agency, and (2) has been tested and
7 determined not to be a hazardous waste as required by
8 applicable State and federal laws and regulations, may be
9 transported in this State without a special waste hauling
10 permit, and the preparation and carrying of a manifest shall
11 not be required for such sludge under the rules of the
12 Pollution Control Board. The unit of local government which
13 operates the treatment plant producing such sludge shall file
14 a semiannual report with the Agency identifying the volume of
15 such sludge transported during the reporting period, the
16 hauler of the sludge, and the disposal sites to which it was
17 transported. This subsection (j) shall not apply to hazardous
18 waste.
19 (k) Fail or refuse to pay any fee imposed under this
20 Act.
21 (l) Locate a hazardous waste disposal site above an
22 active or inactive shaft or tunneled mine or within 2 miles
23 of an active fault in the earth's crust. In counties of
24 population less than 225,000 no hazardous waste disposal site
25 shall be located (1) within 1 1/2 miles of the corporate
26 limits as defined on June 30, 1978, of any municipality
27 without the approval of the governing body of the
28 municipality in an official action; or (2) within 1000 feet
29 of an existing private well or the existing source of a
30 public water supply measured from the boundary of the actual
31 active permitted site and excluding existing private wells on
32 the property of the permit applicant. The provisions of this
33 subsection do not apply to publicly-owned sewage works or the
34 disposal or utilization of sludge from publicly-owned sewage
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1 works.
2 (m) Transfer interest in any land which has been used as
3 a hazardous waste disposal site without written notification
4 to the Agency of the transfer and to the transferee of the
5 conditions imposed by the Agency upon its use under
6 subsection (g) of Section 39.
7 (n) Use any land which has been used as a hazardous
8 waste disposal site except in compliance with conditions
9 imposed by the Agency under subsection (g) of Section 39.
10 (o) Conduct a sanitary landfill operation which is
11 required to have a permit under subsection (d) of this
12 Section, in a manner which results in any of the following
13 conditions:
14 (1) refuse in standing or flowing waters;
15 (2) leachate flows entering waters of the State;
16 (3) leachate flows exiting the landfill confines
17 (as determined by the boundaries established for the
18 landfill by a permit issued by the Agency);
19 (4) open burning of refuse in violation of Section
20 9 of this Act;
21 (5) uncovered refuse remaining from any previous
22 operating day or at the conclusion of any operating day,
23 unless authorized by permit;
24 (6) failure to provide final cover within time
25 limits established by Board regulations;
26 (7) acceptance of wastes without necessary permits;
27 (8) scavenging as defined by Board regulations;
28 (9) deposition of refuse in any unpermitted portion
29 of the landfill;
30 (10) acceptance of a special waste without a
31 required manifest;
32 (11) failure to submit reports required by permits
33 or Board regulations;
34 (12) failure to collect and contain litter from the
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1 site by the end of each operating day;
2 (13) failure to submit any cost estimate for the
3 site or any performance bond or other security for the
4 site as required by this Act or Board rules.
5 The prohibitions specified in this subsection (o) shall
6 be enforceable by the Agency either by administrative
7 citation under Section 31.1 of this Act or as otherwise
8 provided by this Act. The specific prohibitions in this
9 subsection do not limit the power of the Board to establish
10 regulations or standards applicable to sanitary landfills.
11 (p) In violation of subdivision (a) of this Section,
12 cause or allow the open dumping of any waste in a manner
13 which results in any of the following occurrences at the dump
14 site:
15 (1) litter;
16 (2) scavenging;
17 (3) open burning;
18 (4) deposition of waste in standing or flowing
19 waters;
20 (5) proliferation of disease vectors;
21 (6) standing or flowing liquid discharge from the
22 dump site.
23 The prohibitions specified in this subsection (p) shall
24 be enforceable by the Agency either by administrative
25 citation under Section 31.1 of this Act or as otherwise
26 provided by this Act. The specific prohibitions in this
27 subsection do not limit the power of the Board to establish
28 regulations or standards applicable to open dumping.
29 (q) Conduct a landscape waste composting operation
30 without an Agency permit, provided, however, that no permit
31 shall be required for any person:
32 (1) conducting a landscape waste composting
33 operation for landscape wastes generated by such person's
34 own activities which are stored, treated or disposed of
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1 within the site where such wastes are generated; or
2 (2) applying landscape waste or composted landscape
3 waste at agronomic rates; or
4 (3) operating a landscape waste composting facility
5 on a farm, if the facility meets all of the following
6 criteria:
7 (A) the composting facility is operated by the
8 farmer on property on which the composting material
9 is utilized, and the composting facility constitutes
10 no more than 2% of the property's total acreage,
11 except that the Agency may allow a higher percentage
12 for individual sites where the owner or operator has
13 demonstrated to the Agency that the site's soil
14 characteristics or crop needs require a higher rate;
15 (B) the property on which the composting
16 facility is located, and any associated property on
17 which the compost is used, is principally and
18 diligently devoted to the production of agricultural
19 crops and is not owned, leased or otherwise
20 controlled by any waste hauler or generator of
21 nonagricultural compost materials, and the operator
22 of the composting facility is not an employee,
23 partner, shareholder, or in any way connected with
24 or controlled by any such waste hauler or generator;
25 (C) all compost generated by the composting
26 facility is applied at agronomic rates and used as
27 mulch, fertilizer or soil conditioner on land
28 actually farmed by the person operating the
29 composting facility, and the finished compost is not
30 stored at the composting site for a period longer
31 than 18 months prior to its application as mulch,
32 fertilizer, or soil conditioner;
33 (D) the owner or operator, by January 1, 1990
34 (or the January 1 following commencement of
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1 operation, whichever is later) and January 1 of each
2 year thereafter, (i) registers the site with the
3 Agency, (ii) reports to the Agency on the volume of
4 composting material received and used at the site,
5 (iii) certifies to the Agency that the site complies
6 with the requirements set forth in subparagraphs
7 (A), (B) and (C) of this paragraph (q)(3), and (iv)
8 certifies to the Agency that all composting material
9 was placed more than 200 feet from the nearest
10 potable water supply well, was placed outside the
11 boundary of the 10-year floodplain or on a part of
12 the site that is floodproofed, was placed at least
13 1/4 mile from the nearest residence (other than a
14 residence located on the same property as the
15 facility) and there are not more than 10 occupied
16 non-farm residences within 1/2 mile of the
17 boundaries of the site on the date of application,
18 and was placed more than 5 feet above the water
19 table.
20 For the purposes of this subsection (q), "agronomic
21 rates" means the application of not more than 20 tons per
22 acre per year, except that the Agency may allow a higher rate
23 for individual sites where the owner or operator has
24 demonstrated to the Agency that the site's soil
25 characteristics or crop needs require a higher rate.
26 (r) Cause or allow the storage or disposal of coal
27 combustion waste unless:
28 (1) such waste is stored or disposed of at a site
29 or facility for which a permit has been obtained or is
30 not otherwise required under subsection (d) of this
31 Section; or
32 (2) such waste is stored or disposed of as a part
33 of the design and reclamation of a site or facility which
34 is an abandoned mine site in accordance with the
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1 Abandoned Mined Lands and Water Reclamation Act; or
2 (3) such waste is stored or disposed of at a site
3 or facility which is operating under NPDES and Subtitle D
4 permits issued by the Agency pursuant to regulations
5 adopted by the Board for mine-related water pollution and
6 permits issued pursuant to the Federal Surface Mining
7 Control and Reclamation Act of 1977 (P.L. 95-87) or the
8 rules and regulations thereunder or any law or rule or
9 regulation adopted by the State of Illinois pursuant
10 thereto, and the owner or operator of the facility agrees
11 to accept the waste; and either
12 (i) such waste is stored or disposed of in
13 accordance with requirements applicable to refuse
14 disposal under regulations adopted by the Board for
15 mine-related water pollution and pursuant to NPDES
16 and Subtitle D permits issued by the Agency under
17 such regulations; or
18 (ii) the owner or operator of the facility
19 demonstrates all of the following to the Agency, and
20 the facility is operated in accordance with the
21 demonstration as approved by the Agency: (1) the
22 disposal area will be covered in a manner that will
23 support continuous vegetation, (2) the facility will
24 be adequately protected from wind and water erosion,
25 (3) the pH will be maintained so as to prevent
26 excessive leaching of metal ions, and (4) adequate
27 containment or other measures will be provided to
28 protect surface water and groundwater from
29 contamination at levels prohibited by this Act, the
30 Illinois Groundwater Protection Act, or regulations
31 adopted pursuant thereto.
32 Notwithstanding any other provision of this Title, the
33 disposal of coal combustion waste pursuant to item (2) or (3)
34 of this subdivision (r) shall be exempt from the other
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1 provisions of this Title V, and notwithstanding the
2 provisions of Title X of this Act, the Agency is authorized
3 to grant experimental permits which include provision for the
4 disposal of wastes from the combustion of coal and other
5 materials pursuant to items (2) and (3) of this subdivision
6 (r).
7 (s) After April 1, 1989, offer for transportation,
8 transport, deliver, receive or accept special waste for which
9 a manifest is required, unless the manifest indicates that
10 the fee required under Section 22.8 of this Act has been
11 paid.
12 (t) Cause or allow a lateral expansion of a municipal
13 solid waste landfill unit on or after October 9, 1993,
14 without a permit modification, granted by the Agency, that
15 authorizes the lateral expansion.
16 (u) Conduct any vegetable by-product treatment, storage,
17 disposal or transportation operation in violation of any
18 regulation, standards or permit requirements adopted by the
19 Board under this Act. However, no permit shall be required
20 under this Title V for the land application of vegetable
21 by-products conducted pursuant to Agency permit issued under
22 Title III of this Act to the generator of the vegetable
23 by-products. In addition, vegetable by-products may be
24 transported in this State without a special waste hauling
25 permit, and without the preparation and carrying of a
26 manifest.
27 (v) (Blank). Conduct any operation for the receipt,
28 transfer, recycling, or other management of construction or
29 demolition debris, clean or otherwise, without maintenance of
30 load tickets and other manifests reflecting receipt of the
31 debris from the hauler and generator of the debris. The load
32 ticket and manifest shall identify the hauler, generator,
33 place of origin of the debris, the weight and volume of the
34 debris, the time and date of the receipt of the debris, and
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1 the disposition of the debris by the operator of the
2 receiving facility. This subsection (v) shall not apply to a
3 public utility as that term is defined in the Public
4 Utilities Act, but it shall apply to an entity that contracts
5 with a public utility.
6 (w) Conduct any generation, transportation, or recycling
7 transfer, or disposal of construction or demolition debris,
8 clean or general otherwise, without the maintenance of
9 documentation identifying load tickets and manifests
10 reflecting the transfer, disposal, or other disposition of
11 the debris. The load ticket and manifest shall identify the
12 hauler, generator, place of origin of the debris, the weight
13 or and volume of the debris, the time and date of the
14 disposition of the debris, and the location, owner, and
15 operator of the facility where to which the debris was
16 transferred, or disposed, recycled, or treated. This
17 documentation must be maintained by the generator,
18 transporter, or recycler for 3 years. This subsection (w)
19 shall not apply to (1) a permitted pollution control facility
20 that transfers or accepts construction or demolition debris,
21 clean or general, for final disposal, recycling or treatment;
22 or (2) a public utility as that term is defined in the Public
23 Utilities Act, but it shall apply to an entity that contracts
24 with a public utility. The terms "generation" and "recycling"
25 as used in this subsection do not apply to clean construction
26 or demolition debris when (i) used as fill material below
27 grade outside of a setback zone if covered by sufficient
28 uncontaminated soil to support vegetation within 30 days of
29 the completion of filling or if covered by a road or
30 structure, or (ii) solely broken concrete without protruding
31 metal bars is used for erosion control.
32 (Source: P.A. 89-93, eff. 7-6-95; 89-535, eff. 7-19-96;
33 90-219, eff. 7-25-97; 90-344, eff. 1-1-98; 90-475, eff.
34 8-17-97; revised 10-15-97.)"; and
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1 on page 4, immediately below line 33, by inserting the
2 following:
3 "(i-5) The Department of Commerce and Community Affairs
4 shall annually distribute, by June 30, to each unit of local
5 government that has enacted an ordinance to collect a fee,
6 tax, or surcharge under subsection (j) of this Section prior
7 to January 1, 1998 grants equal to but not more than the
8 difference in the sum of the fees that would have been
9 collected by the unit of local government in the previous
10 year under subsection (j) of this Section at the rate of a
11 tax, fee, or surcharge authorized under subsection (j) of
12 this Section as of July 1, 1998 minus the sum of the fees
13 that were collected under subsection (j) of this Section in
14 the previous calendar year plus the funds collected under
15 Section 22.15a of this Act. The total funds allocated under
16 this subsection (i-5) shall never exceed $2,000,000 per
17 fiscal year.
18 (i-10) The Department of Commerce and Community Affairs
19 shall establish rules relating to the grants authorized by
20 subsection (i-5) of this Section. These rules shall include
21 but not be limited to establishing the reporting requirements
22 of the unit of local government, as defined in subsection (e)
23 of Section 22.15a of this Act, necessary to identify:
24 (1) the quantity of solid waste disposed of in the
25 eligible jurisdiction;
26 (2) the total funds collected under subsection (j)
27 of this Section;
28 (3) the total funds collected under Section 22.15a
29 of this Act; and
30 (4) the intended uses of the grant."; and
31 on page 5, line 4, before "fees", by inserting "grants
32 received under subsection (i-5) and all"; and
33 on page 5, line 11, after "for", by inserting "(i)"; and
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1 on page 5, line 13, after "facility", by inserting "or (ii)
2 the purchase of waste hauling equipment"; and
3 on page 5, lines 17 and 18, by replacing "(60¢ per cubic yard
4 beginning January 1, 1992)" with "(60¢ per cubic yard
5 beginning January 1, 1992)"; and
6 on page 5, lines 24 and 25, by replacing "($1.27 per ton
7 beginning January 1, 1992)" with "($1.27 per ton beginning
8 January 1, 1992)"; and
9 on page 8, immediately below line 23, by inserting the
10 following:
11 "(415 ILCS 5/22.15a new)
12 Sec. 22.15a. Local Waste Reduction and Recycling Fund;
13 fees.
14 (a) There is hereby created within the State Treasury a
15 special fund to be known as the Local Waste Reduction and
16 Recycling Fund constituted from the fees collected by the
17 State pursuant to this Section.
18 (b) On and after January 1, 1999, the Agency shall
19 assess and collect a fee in the amount set forth in this
20 Section from the owner or operator of each sanitary landfill
21 permitted or required to be permitted by the Agency to
22 dispose of solid waste if the sanitary landfill is located
23 off the site where the waste was produced and if the sanitary
24 landfill is owned, controlled, and operated by a person other
25 than the generator of the waste. The Agency shall deposit
26 all fees collected into the Local Waste Reduction and
27 Recycling Fund. If a site is contiguous to one or more
28 landfills owned or operated by the same person, the volumes
29 permanently disposed of by each landfill shall be combined
30 for purposes of determining the fee under this subsection
31 (b).
32 The owner or operator shall either pay a fee of $.08 per
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1 cubic yard of solid waste permanently disposed of, or
2 alternatively the owner or operator may weigh the quantity of
3 the solid waste permanently disposed of with a device for
4 which certification has been obtained under the Weights and
5 Measures Act and pay a fee of $.26 per ton of solid waste
6 permanently disposed of.
7 (c) The Agency shall establish rules relating to the
8 collection of the fees authorized by this Section. These
9 rules shall include, but not be limited to:
10 (1) necessary records identifying the quantities of
11 solid waste received or disposed;
12 (2) the form and submission of reports to accompany
13 the payment of fees to the Agency; and
14 (3) the time and manner of payment of fees to the
15 Agency, which payments shall not be more often than
16 quarterly.
17 (d) Pursuant to appropriation, all money in the Local
18 Waste Reduction and Recycling Fund shall be distributed
19 annually, by April 1, to all units of local government, as
20 defined in subsection (e) of this Section, on a per capita
21 basis, based on the most recent federal decennial census. If
22 a Municipal Joint Action Agency or municipality collects
23 money from the Local Waste Reduction and Recycling Fund, the
24 population of the Municipal Joint Action Agency or
25 municipality within a county shall be subtracted from the
26 county's population for distribution purposes to the county.
27 (e) For the purposes of this Section, "unit of local
28 government" means a county, a municipality with a population
29 of more than 1,000,000, a Municipal Joint Action Agency, or,
30 in addition, a municipality that has enacted an ordinance to
31 collect a fee, tax, or surcharge under subsection (j) of
32 Section 22.15 of this Act prior to January 1, 1998.
33 (f) The fee authorized under subsection (a) of this
34 Section shall not be applied to:
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1 (1) waste that is hazardous;
2 (2) waste that is pollution control waste;
3 (3) waste from recycling, reclamation, or reuse
4 processes that have been approved by the Agency as being
5 designed to remove any contaminant from waste so as to
6 render such waste reusable, provided that the process
7 renders at least 50% of the waste reusable;
8 (4) non-hazardous solid waste that is received at a
9 sanitary landfill and composted or recycled through a
10 process permitted by the Agency; or
11 (5) any landfill that is permitted by the Agency to
12 receive only demolition or construction debris or
13 landscape waste.
14 (g) The fee collected and distributed under this Section
15 shall be used by the unit of local government for solid waste
16 education, waste reduction, recycling, and solid waste plan
17 implementation. These fees shall not be used for (i) the
18 construction of a new pollution control facility other than a
19 household hazardous waste facility, (ii) the purchase of
20 waste hauling or recycling equipment other than recycling
21 containers (including household hazardous waste recycling
22 containers), or (iii) legal or expert witness fees and
23 expenses in connection with the siting or permitting of a
24 pollution control facility other than a household hazardous
25 waste facility.
26 (h) The fees received under this Section shall be placed
27 by the unit of local government in a separate account. The
28 moneys in the account may be accumulated over a period of
29 years to be expended in accordance with this Section.
30 (i) Beginning on April 1, 2001, and by each April 1
31 thereafter, each unit of local government that receives a
32 distribution under this Section shall prepare and distribute
33 to the Agency a report that details spending plans for moneys
34 collected in accordance with this Section. The report shall
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1 at a minimum include the following:
2 (1) The total moneys collected under this Section.
3 (2) The most current balance of moneys collected
4 under this Section.
5 (3) An itemized accounting of all moneys expended
6 for the previous year under this Section.
7 (4) An estimation of moneys to be collected for the
8 following 3 years under this Section.
9 (5) A narrative detailing the general direction and
10 scope of future expenditures for one, 2, and 3 years.
11 Section 99. Effective date. This Act takes effect upon
12 becoming law, except that the provisions adding Section 5.480
13 of the State Finance Act and changing Section 22.15 and
14 adding Section 22.15a of the Environmental Protection Act
15 take effect January 1, 1999.".