Public Act 90-0475 of the 90th General Assembly

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Public Act 90-0475

HB1887 Enrolled                                LRB9003896DPmg

    AN ACT concerning the environment, amending named Acts.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Environmental Protection Act is amended
by changing Sections 3.32, 3.78, 21,  and  22.15  and  adding
Sections 3.78a and 22.38 as follows:

    (415 ILCS 5/3.32) (from Ch. 111 1/2, par. 1003.32)
    Sec. 3.32. Pollution control facility.
    (a)  "Pollution  control  facility"  is any waste storage
site, sanitary landfill, waste disposal site, waste  transfer
station, waste treatment facility, or waste incinerator. This
includes  sewers,  sewage  treatment  plants,  and  any other
facilities owned or operated by sanitary districts  organized
under the Metropolitan Water Reclamation District Act.
    The following are not pollution control facilities:
         (1)  (Blank);
         (2)  waste  storage  sites  regulated  under 40 CFR,
    Part 761.42;
         (3)  sites  or  facilities  used   by   any   person
    conducting   a  waste  storage,  waste  treatment,  waste
    disposal, waste transfer or waste incineration operation,
    or a combination thereof, for wastes  generated  by  such
    person's  own  activities,  when  such wastes are stored,
    treated, disposed of, transferred or  incinerated  within
    the  site  or  facility  owned, controlled or operated by
    such person, or when such wastes are  transported  within
    or  between  sites  or  facilities  owned,  controlled or
    operated by such person;
         (4)  sites or  facilities  at  which  the  State  is
    performing removal or remedial action pursuant to Section
    22.2 or 55.3;
         (5)  abandoned quarries used solely for the disposal
    of concrete, earth materials, gravel, or aggregate debris
    resulting  from road construction activities conducted by
    a unit of government or construction  activities  due  to
    the  construction  and installation of underground pipes,
    lines, conduit or wires off of the premises of  a  public
    utility company which are conducted by a public utility;
         (6)  sites  or  facilities  used  by  any  person to
    specifically conduct a landscape composting operation;
         (7)  regional facilities as defined in  the  Central
    Midwest Interstate Low-Level Radioactive Waste Compact;
         (8)  the  portion  of  a site or facility where coal
    combustion wastes are stored or disposed of in accordance
    with subdivision (r)(2) or (r)(3) of Section 21;
         (9)  the portion of a site or facility used for  the
    collection,  storage  or  processing  of  waste  tires as
    defined in Title XIV;
         (10)  the portion of a site  or  facility  used  for
    treatment   of   petroleum   contaminated   materials  by
    application onto or incorporation into the  soil  surface
    and any portion of that site or facility used for storage
    of  petroleum  contaminated  materials  before treatment.
    Only those categories of petroleum  listed  in  paragraph
    (5)  of subsection (a) of Section 22.18b are exempt under
    this subdivision (10);
         (11)  the portion of a site or facility  where  used
    oil  is  collected  or  stored  prior  to  shipment  to a
    recycling or energy recovery facility, provided that  the
    used   oil  is  generated  by  households  or  commercial
    establishments, and the site or facility is  a  recycling
    center  or  a  business  where oil or gasoline is sold at
    retail;
         (12)  the portion of a site  or  facility  utilizing
    coal  combustion waste for stabilization and treatment of
    only waste generated on that site or facility  when  used
    in  connection  with  response  actions  pursuant  to the
    federal     Comprehensive     Environmental     Response,
    Compensation, and Liability  Act  of  1980,  the  federal
    Resource  Conservation  and  Recovery Act of 1976, or the
    Illinois Environmental Protection Act or as authorized by
    the Agency;.
         (13)  the portion of a site  or  facility  accepting
    exclusively  general  construction  or demolition debris,
    located in a county with a population over  700,000,  and
    operated  and located in accordance with Section 22.38 of
    this Act.
    (b)  A new pollution control facility is:
         (1)  a   pollution   control   facility    initially
    permitted  for  development or construction after July 1,
    1981; or
         (2)  the area of expansion beyond the boundary of  a
    currently permitted pollution control facility; or
         (3)  a   permitted   pollution    control   facility
    requesting  approval  to  store,  dispose of, transfer or
    incinerate, for the first time, any special or  hazardous
    waste.
(Source: P.A.  88-45;  88-681,  eff.  12-22-94;  89-93,  eff.
7-6-95.)

    (415 ILCS 5/3.78) (from Ch. 111 1/2, par. 1003.78)
    Sec.  3.78.  "General  Clean  construction  or demolition
debris"   means   non-hazardous,   uncontaminated   materials
resulting from  the  construction,  remodeling,  repair,  and
demolition  of  utilities,  structures, and roads, limited to
the  following:    bricks,  concrete,   and   other   masonry
materials; soil; rock; wood, including non-hazardous painted,
treated,  and  coated wood and wood products; wall coverings;
plaster; drywall; plumbing fixtures; non-asbestos insulation;
roofing shingles and other roof coverings; reclaimed  asphalt
pavement;  glass;  plastics  that  are not sealed in a manner
that  conceals  waste;  electrical  wiring   and   components
containing  no  hazardous  substances;  and  piping or metals
incidental to any of those materials broken concrete  without
protruding metal bars, bricks, rock, stone, reclaimed asphalt
pavement  or  uncontaminated  dirt  or  sand  generated  from
construction or demolition activities.
(Source: P.A. 86-633; 86-1028; 87-1171.)

    (415 ILCS 5/3.78a new)
    Sec.  3.78a.  "Clean  construction  or demolition debris"
means uncontaminated broken concrete without protruding metal
bars, bricks, rock, stone,  reclaimed  asphalt  pavement,  or
dirt  or  sand  generated  from  construction  or  demolition
activities.   To  the  extent  allowed  by federal law, clean
construction or demolition debris  shall  not  be  considered
"waste" when (i) used as fill material below grade outside of
a  setback  zone if covered by sufficient uncontaminated soil
to support vegetation within 30 days  of  the  completion  of
filling  or if covered by a road or structure, (ii) separated
or processed and returned to the economic mainstream  in  the
form  of  raw  materials  or  products,  provided  it  is not
speculatively accumulated, or (iii)  solely  broken  concrete
without protruding metal bars is used for erosion control.

    (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
    Sec. 21.  No person shall:
    (a)  Cause or allow the open dumping of any waste.
    (b)  Abandon,  dump, or deposit any waste upon the public
highways or other  public  property,  except  in  a  sanitary
landfill  approved  by  the  Agency  pursuant  to regulations
adopted by the Board.
    (c)  Abandon any vehicle in violation of  the  "Abandoned
Vehicles  Amendment to the Illinois Vehicle Code", as enacted
by the 76th General Assembly.
    (d)  Conduct  any  waste-storage,   waste-treatment,   or
waste-disposal operation:
         (1)  without  a  permit  granted by the Agency or in
    violation of  any  conditions  imposed  by  such  permit,
    including  periodic  reports  and full access to adequate
    records and the  inspection  of  facilities,  as  may  be
    necessary  to  assure  compliance  with this Act and with
    regulations and standards adopted  thereunder;  provided,
    however,  that, except for municipal solid waste landfill
    units that receive waste on or after October 9, 1993,  no
    permit  shall be required for (i) any person conducting a
    waste-storage,   waste-treatment,    or    waste-disposal
    operation  for  wastes  generated  by  such  person's own
    activities which are stored, treated, or disposed  within
    the  site  where  such  wastes  are  generated, or (ii) a
    facility located in  a  county  with  a  population  over
    700,000,  operated and located in accordance with Section
    22.38 of this Act, and used exclusively for the transfer,
    storage,  or  treatment  of   general   construction   or
    demolition  debris; for a corporation organized under the
    General Not For Profit Corporation Act of 1986, as now or
    hereafter amended, or a predecessor Act,  constructing  a
    land  form  in  conformance with local zoning provisions,
    within a municipality having a population  of  more  than
    1,000,000   inhabitants,   with   clean  construction  or
    demolition  debris  generated  within  the  municipality,
    provided that the corporation has contracts for  economic
    development planning with the municipality; or
         (2)  in  violation  of  any regulations or standards
    adopted by the Board under this Act; or
         (3)  which receives waste  after  August  31,  1988,
    does not have a permit issued by the Agency, and is (i) a
    landfill  used  exclusively  for  the  disposal  of waste
    generated  at  the  site,  (ii)  a  surface   impoundment
    receiving  special  waste  not listed in an NPDES permit,
    (iii) a waste pile in which the total volume of waste  is
    greater  than  100 cubic yards or the waste is stored for
    over  one  year,  or  (iv)  a  land  treatment   facility
    receiving  special  waste  generated at the site; without
    giving notice of the operation to the Agency  by  January
    1, 1989, or 30 days after the date on which the operation
    commences,   whichever   is  later,  and  every  3  years
    thereafter.  The form  for  such  notification  shall  be
    specified   by  the  Agency,  and  shall  be  limited  to
    information  regarding:  the  name  and  address  of  the
    location of the operation; the  type  of  operation;  the
    types and amounts of waste stored, treated or disposed of
    on  an  annual  basis;  the  remaining  capacity  of  the
    operation;   and  the  remaining  expected  life  of  the
    operation.
    Item Paragraph (3) of this subsection (d) shall not apply
to  any  person  engaged  in  agricultural  activity  who  is
disposing of a substance that constitutes solid waste, if the
substance was acquired for use by  that  person  on  his  own
property,  and  the  substance  is  disposed  of  on  his own
property in accordance with regulations or standards  adopted
by the Board.
    This subsection (d) shall not apply to hazardous waste.
    (e)  Dispose,  treat,  store  or  abandon  any  waste, or
transport any waste into this State for disposal,  treatment,
storage  or  abandonment,  except at a site or facility which
meets the requirements of this Act  and  of  regulations  and
standards thereunder.
    (f)  Conduct   any   hazardous  waste-storage,  hazardous
waste-treatment or hazardous waste-disposal operation:
         (1)  without a RCRA permit for the  site  issued  by
    the  Agency  under  subsection  (d) of Section 39 of this
    Act, or in violation of any  condition  imposed  by  such
    permit,  including  periodic  reports  and full access to
    adequate records and the inspection of facilities, as may
    be necessary to assure compliance with this Act and  with
    regulations and standards adopted thereunder; or
         (2)  in  violation  of  any regulations or standards
    adopted by the Board under this Act; or
         (3)  in  violation  of  any   RCRA   permit   filing
    requirement  established  under  standards adopted by the
    Board under this Act; or
         (4)  in violation of any order adopted by the  Board
    under this Act.
    Notwithstanding  the  above,  no  RCRA  permit  shall  be
required  under  this subsection or subsection (d) of Section
39 of this  Act  for  any  person  engaged  in   agricultural
activity  who  is  disposing  of  a  substance which has been
identified  as  a  hazardous  waste,  and  which   has   been
designated  by  Board  regulations  as  being subject to this
exception, if the substance was  acquired  for  use  by  that
person  on  his own property and the substance is disposed of
on  his  own  property  in  accordance  with  regulations  or
standards adopted by the Board.
    (g)  Conduct    any    hazardous     waste-transportation
operation:
         (1)  without  a  permit  issued  by the Agency or in
    violation of  any  conditions  imposed  by  such  permit,
    including  periodic  reports  and full access to adequate
    records and the  inspection  of  facilities,  as  may  be
    necessary  to  assure  compliance  with this Act and with
    regulations or standards adopted thereunder; or
         (2)  in violation of any  regulations  or  standards
    adopted by the Board under this Act.
    (h)  Conduct  any  hazardous waste-recycling or hazardous
waste-reclamation  or  hazardous  waste-reuse  operation   in
violation   of   any   regulations,   standards   or   permit
requirements adopted by the Board under this Act.
    (i)  Conduct  any  process  or  engage  in  any act which
produces hazardous waste in violation of any  regulations  or
standards  adopted by the Board under subsections (a) and (c)
of Section 22.4 of this Act.
    (j)  Conduct any special waste  transportation  operation
in   violation   of  any  regulations,  standards  or  permit
requirements adopted by the Board under this  Act.   However,
sludge  from  a  water  or  sewage  treatment plant owned and
operated by a unit of local government which (1)  is  subject
to  a  sludge  management  plan  approved  by the Agency or a
permit granted by the Agency, and (2)  has  been  tested  and
determined  not  to  be  a  hazardous  waste  as  required by
applicable State and federal laws  and  regulations,  may  be
transported  in  this  State  without a special waste hauling
permit, and the preparation and carrying of a manifest  shall
not  be  required  for  such  sludge  under  the rules of the
Pollution Control Board. The unit of local  government  which
operates the treatment plant producing such sludge shall file
a semiannual report with the Agency identifying the volume of
such  sludge  transported  during  the  reporting period, the
hauler of the sludge, and the disposal sites to which it  was
transported. This subsection (j) shall not apply to hazardous
waste.
    (k)  Fail  or  refuse  to  pay any fee imposed under this
Act.
    (l)  Locate a hazardous  waste  disposal  site  above  an
active  or  inactive shaft or tunneled mine or within 2 miles
of an active fault in the  earth's  crust.   In  counties  of
population less than 225,000 no hazardous waste disposal site
shall  be  located  (1)  within  1 1/2 miles of the corporate
limits as defined on  June  30,  1978,  of  any  municipality
without   the   approval   of   the  governing  body  of  the
municipality in an official action; or (2) within  1000  feet
of  an  existing  private  well  or  the existing source of a
public water supply measured from the boundary of the  actual
active permitted site and excluding existing private wells on
the  property of the permit applicant. The provisions of this
subsection do not apply to publicly-owned sewage works or the
disposal or utilization of sludge from publicly-owned  sewage
works.
    (m)  Transfer interest in any land which has been used as
a  hazardous waste disposal site without written notification
to the Agency of the transfer and to the  transferee  of  the
conditions   imposed   by  the  Agency  upon  its  use  under
subsection (g) of Section 39.
    (n)  Use any land which has  been  used  as  a  hazardous
waste  disposal  site  except  in  compliance with conditions
imposed by the Agency under subsection (g) of Section 39.
    (o)  Conduct  a  sanitary  landfill  operation  which  is
required to have  a  permit  under  subsection  (d)  of  this
Section,  in  a  manner which results in any of the following
conditions:
         (1)  refuse in standing or flowing waters;
         (2)  leachate flows entering waters of the State;
         (3)  leachate flows exiting  the  landfill  confines
    (as  determined  by  the  boundaries  established for the
    landfill by a permit issued by the Agency);
         (4)  open burning of refuse in violation of  Section
    9 of this Act;
         (5)  uncovered  refuse  remaining  from any previous
    operating day or at the conclusion of any operating  day,
    unless authorized by permit;
         (6)  failure  to  provide  final  cover  within time
    limits established by Board regulations;
         (7)  acceptance of wastes without necessary permits;
         (8)  scavenging as defined by Board regulations;
         (9)  deposition of refuse in any unpermitted portion
    of the landfill;
         (10)  acceptance  of  a  special  waste  without   a
    required manifest;
         (11)  failure  to submit reports required by permits
    or Board regulations;
         (12)  failure to collect and contain litter from the
    site by the end of each operating day;
         (13)  failure to submit any cost  estimate  for  the
    site  or  any  performance bond or other security for the
    site as required by this Act or Board rules.
    The prohibitions specified in this subsection  (o)  shall
be   enforceable  by  the  Agency  either  by  administrative
citation under Section 31.1  of  this  Act  or  as  otherwise
provided  by  this  Act.   The  specific prohibitions in this
subsection do not limit the power of the Board  to  establish
regulations or standards applicable to sanitary landfills.
    (p)  In  violation  of  subdivision  (a) of this Section,
cause or allow the open dumping of  any  waste  in  a  manner
which results in any of the following occurrences at the dump
site:
         (1)  litter;
         (2)  scavenging;
         (3)  open burning;
         (4)  deposition  of  waste  in  standing  or flowing
    waters;
         (5)  proliferation of disease vectors;
         (6)  standing or flowing liquid discharge  from  the
    dump site.
    The  prohibitions  specified in this subsection (p) shall
be  enforceable  by  the  Agency  either  by   administrative
citation  under  Section  31.1  of  this  Act or as otherwise
provided by this Act.   The  specific  prohibitions  in  this
subsection  do  not limit the power of the Board to establish
regulations or standards applicable to open dumping.
    (q)  Conduct  a  landscape  waste  composting   operation
without  an  Agency permit, provided, however, that no permit
shall be required for any person:
         (1)  conducting   a   landscape   waste   composting
    operation for landscape wastes generated by such person's
    own activities which are stored, treated or  disposed  of
    within the site where such wastes are generated; or
         (2)  applying landscape waste or composted landscape
    waste at agronomic rates; or
         (3)  operating a landscape waste composting facility
    on  a  farm,  if  the facility meets all of the following
    criteria:
              (A)  the composting facility is operated by the
         farmer on property on which the composting  material
         is utilized, and the composting facility constitutes
         no  more  than  2%  of the property's total acreage,
         except that the Agency may allow a higher percentage
         for individual sites where the owner or operator has
         demonstrated to the  Agency  that  the  site's  soil
         characteristics or crop needs require a higher rate;
              (B)  the   property  on  which  the  composting
         facility is located, and any associated property  on
         which  the  compost  is  used,  is  principally  and
         diligently devoted to the production of agricultural
         crops   and   is  not  owned,  leased  or  otherwise
         controlled by  any  waste  hauler  or  generator  of
         nonagricultural  compost materials, and the operator
         of the  composting  facility  is  not  an  employee,
         partner,  shareholder,  or in any way connected with
         or controlled by any such waste hauler or generator;
              (C)  all compost generated  by  the  composting
         facility  is  applied at agronomic rates and used as
         mulch,  fertilizer  or  soil  conditioner  on   land
         actually   farmed   by   the  person  operating  the
         composting facility, and the finished compost is not
         stored at the composting site for  a  period  longer
         than  18  months  prior to its application as mulch,
         fertilizer, or soil conditioner;
              (D)  the owner or operator, by January 1,  1990
         (or   the   January   1  following  commencement  of
         operation, whichever is later) and January 1 of each
         year thereafter, (i) registers  the  site  with  the
         Agency,  (ii) reports to the Agency on the volume of
         composting material received and used at  the  site,
         (iii) certifies to the Agency that the site complies
         with  the  requirements  set  forth in subparagraphs
         (A), (B) and (C) of this paragraph (q)(3), and  (iv)
         certifies to the Agency that all composting material
         was  placed  more  than  200  feet  from the nearest
         potable water supply well, was  placed  outside  the
         boundary  of  the 10-year floodplain or on a part of
         the site that is floodproofed, was placed  at  least
         1/4  mile  from  the nearest residence (other than a
         residence  located  on  the  same  property  as  the
         facility) and there are not more  than  10  occupied
         non-farm   residences   within   1/2   mile  of  the
         boundaries of the site on the date  of  application,
         and  was  placed  more  than  5 feet above the water
         table.
    For the  purposes  of  this  subsection  (q),  "agronomic
rates"  means  the  application  of not more than 20 tons per
acre per year, except that the Agency may allow a higher rate
for  individual  sites  where  the  owner  or  operator   has
demonstrated   to   the   Agency   that   the   site's   soil
characteristics or crop needs require a higher rate.
    (r)  Cause  or  allow  the  storage  or  disposal of coal
combustion waste unless:
         (1)  such waste is stored or disposed of at  a  site
    or  facility  for  which a permit has been obtained or is
    not otherwise  required  under  subsection  (d)  of  this
    Section; or
         (2)  such  waste  is stored or disposed of as a part
    of the design and reclamation of a site or facility which
    is  an  abandoned  mine  site  in  accordance  with   the
    Abandoned Mined Lands and Water Reclamation Act; or
         (3)  such  waste  is stored or disposed of at a site
    or facility which is operating under NPDES and Subtitle D
    permits issued by  the  Agency  pursuant  to  regulations
    adopted by the Board for mine-related water pollution and
    permits  issued  pursuant  to  the Federal Surface Mining
    Control and Reclamation Act of 1977 (P.L. 95-87)  or  the
    rules  and  regulations  thereunder or any law or rule or
    regulation adopted by  the  State  of  Illinois  pursuant
    thereto, and the owner or operator of the facility agrees
    to accept the waste; and either
              (i)  such  waste  is  stored  or disposed of in
         accordance with requirements  applicable  to  refuse
         disposal  under regulations adopted by the Board for
         mine-related water pollution and pursuant  to  NPDES
         and  Subtitle  D  permits issued by the Agency under
         such regulations; or
              (ii)  the owner or  operator  of  the  facility
         demonstrates all of the following to the Agency, and
         the  facility  is  operated  in  accordance with the
         demonstration as approved by  the  Agency:  (1)  the
         disposal  area will be covered in a manner that will
         support continuous vegetation, (2) the facility will
         be adequately protected from wind and water erosion,
         (3) the pH will  be  maintained  so  as  to  prevent
         excessive  leaching  of metal ions, and (4) adequate
         containment or other measures will  be  provided  to
         protect   surface   water   and   groundwater   from
         contamination  at levels prohibited by this Act, the
         Illinois Groundwater Protection Act, or  regulations
         adopted pursuant thereto.
    Notwithstanding  any  other  provision of this Title, the
disposal of coal combustion waste pursuant to item (2) or (3)
of this subdivision  (r)  shall  be  exempt  from  the  other
provisions   of   this   Title  V,  and  notwithstanding  the
provisions of Title X of this Act, the Agency  is  authorized
to grant experimental permits which include provision for the
disposal  of  wastes  from  the  combustion of coal and other
materials pursuant to items (2) and (3) of  this  subdivision
(r).
    (s)  After  April  1,  1989,  offer  for  transportation,
transport, deliver, receive or accept special waste for which
a  manifest  is  required, unless the manifest indicates that
the fee required under Section 22.8  of  this  Act  has  been
paid.
    (t)  Cause  or  allow  a lateral expansion of a municipal
solid waste landfill  unit  on  or  after  October  9,  1993,
without  a  permit  modification, granted by the Agency, that
authorizes the lateral expansion.
    (u)  Conduct any vegetable by-product treatment, storage,
disposal or transportation  operation  in  violation  of  any
regulation,  standards  or permit requirements adopted by the
Board under this Act. However, no permit  shall  be  required
under  this  Title  V  for  the land application of vegetable
by-products conducted pursuant to Agency permit issued  under
Title  III  of  this  Act  to  the generator of the vegetable
by-products.  In  addition,  vegetable  by-products  may   be
transported  in  this  State  without a special waste hauling
permit,  and  without  the  preparation  and  carrying  of  a
manifest.
(Source: P.A. 88-454; 88-496; 88-670,  eff.  12-2-94;  89-93,
eff. 7-6-95; 89-535, eff. 7-19-96.)

    (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
    Sec. 22.15.  Solid Waste Management Fund; fees.
    (a)  There  is hereby created within the State Treasury a
special fund to be known as the "Solid Waste Management Fund"
constituted from the fees collected by the State pursuant  to
this  Section and from repayments of loans made from the Fund
for solid waste projects. Moneys received by  the  Department
of  Commerce and Community Affairs in repayment of loans made
pursuant to the Illinois Solid Waste Management Act shall  be
deposited  into  the  Solid  Waste  Management Revolving Loan
Fund.
    (b)  On and after  January  1,  1987,  the  Agency  shall
assess  and collect a fee in the amount set forth herein from
the owner or operator of each sanitary landfill permitted  or
required  to  be  permitted by the Agency to dispose of solid
waste if the sanitary landfill is located off the site  where
such  waste  was  produced  and  if such sanitary landfill is
owned, controlled, and operated by a person  other  than  the
generator  of  such waste.  The Agency shall deposit all fees
collected into the Solid Waste Management Fund. If a site  is
contiguous  to one or more landfills owned or operated by the
same person, the volumes  permanently  disposed  of  by  each
landfill  shall  be  combined for purposes of determining the
fee under this subsection.
         (1)  If   more   than   150,000   cubic   yards   of
    non-hazardous solid waste is permanently disposed of at a
    site in a calendar year,  the  owner  or  operator  shall
    either  pay  a  fee  of  45 cents per cubic yard (60¢ per
    cubic yard from January  1,  1989  through  December  31,
    1993),  or  alternatively the owner or operator may weigh
    the quantity of the solid waste permanently  disposed  of
    with  a  device for which certification has been obtained
    under the Weights and Measures Act and pay a  fee  of  95
    cents per ton ($1.27 per ton from January 1, 1989 through
    December  31,  1993)  of solid waste permanently disposed
    of. An owner or operator that is subject to any fee, tax,
    or surcharge imposed under the  authority  of  subsection
    (j)  of  this Section on September 26, 1991, with respect
    to fees due to the  Agency  under  this  paragraph  after
    December  31,  1991  and  before  January  1, 1994, shall
    deduct from the amount paid to the Agency the  amount  by
    which  the fee paid under subsection (j) exceeds 45 cents
    per cubic yard or 95 cents per ton. In no case shall  the
    fee collected or paid by the owner or operator under this
    paragraph exceed $1.05 per cubic yard or $2.22 per ton.
         (2)  If  more than 100,000 cubic yards, but not more
    than  150,000  cubic  yards  of  non-hazardous  waste  is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of $25,000 ($33,350  in
    1989, 1990 and 1991).
         (3)  If  more  than 50,000 cubic yards, but not more
    than 100,000 cubic yards of non-hazardous solid waste  is
    permanently disposed of at a site in a calendar year, the
    owner  or operator shall pay a fee of $11,300 ($15,500 in
    1989, 1990 and 1991).
         (4)  If more than 10,000 cubic yards, but  not  more
    than  50,000  cubic yards of non-hazardous solid waste is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of  $3,450  ($4,650  in
    1989, 1990 and 1991).
         (5)  If   not   more  than  10,000  cubic  yards  of
    non-hazardous solid waste is permanently disposed of at a
    site in a calendar year, the owner or operator shall  pay
    a fee of $500 ($650 in 1989, 1990 and 1991).
    (c)  From  January 1, 1987 through December 31, 1988, the
fee set forth in this Section shall not apply to:
         (1)  Solid waste which is hazardous waste;
         (2)  Any landfill which is permitted by  the  Agency
    to  receive  only  demolition  or  construction debris or
    landscape waste; or
         (3)  The following wastes:
              (A)  Foundry sand;
              (B)  Coal  combustion   by-product,   including
         scrubber  waste and fluidized bed boiler waste which
         does not contain metal cleaning waste;
              (C)  Slag from  the  manufacture  of  iron  and
         steel;
              (D)  Pollution Control Waste;
              (E)  Wastes   from  recycling,  reclamation  or
         reuse processes designed to remove  any  contaminant
         from  wastes  so  as to render such wastes reusable,
         provided that the process renders at  least  50%  of
         the waste reusable;
              (F)  Non-hazardous solid waste that is received
         at  a  sanitary  landfill  after January 1, 1987 and
         recycled through a process permitted by the Agency.
    (d)  The Agency shall establish  rules  relating  to  the
collection  of  the  fees  authorized  by this Section.  Such
rules shall include, but not be limited to:
         (1)  necessary records identifying the quantities of
    solid waste received or disposed;
         (2)  the form and submission of reports to accompany
    the payment of fees to the Agency;
         (3)  the time and manner of payment of fees  to  the
    Agency,  which  payments  shall  not  be  more often than
    quarterly; and
         (4)  procedures setting forth criteria  establishing
    when an owner or operator may measure by weight or volume
    during any given quarter or other fee payment period.
    (e)  Pursuant  to  appropriation, all monies in the Solid
Waste Management Fund shall be used by  the  Agency  and  the
Department of Commerce and Community Affairs for the purposes
set  forth  in  this  Section and in the Illinois Solid Waste
Management Act, including for the costs of fee collection and
administration, and through June 30, 1989, by the  University
of  Illinois  for research consistent with the Illinois Solid
Waste Management Act.
    (f)  The  Agency  is  authorized  to  enter   into   such
agreements  and  to promulgate such rules as are necessary to
carry out its duties under  this  Section  and  the  Illinois
Solid Waste Management Act.
    (g)  On  the  first  day  of  January,  April,  July, and
October of each year, beginning on July 1,  1996,  the  State
Comptroller  and  Treasurer  shall transfer $500,000 from the
Solid Waste Management Fund  to  the  Hazardous  Waste  Fund.
Moneys  transferred  under  this subsection (g) shall be used
only for the purposes set forth in item (1) of subsection (d)
of Section 22.2 of Commerce and Community Affairs of Commerce
and Community Affairs.
    (h)  The  Agency  is  authorized  to  provide   financial
assistance  to  units of local government for the performance
of  inspecting,  investigating  and  enforcement   activities
pursuant to Section 4(r) at nonhazardous solid waste disposal
sites.
    (i)  The  Agency  is authorized to support the operations
of an industrial materials exchange service, and  to  conduct
household waste collection and disposal programs.
    (j)  A  unit of local government, as defined in the Local
Solid Waste Disposal Act, in which  a  solid  waste  disposal
facility  is  located  may establish a fee, tax, or surcharge
with regard to the permanent disposal  of  solid  waste.  All
fees,  taxes,  and surcharges collected under this subsection
shall, to be utilized for solid  waste  management  purposes,
including  long-term monitoring and maintenance of landfills,
planning, implementation, inspection, enforcement  and  other
activities consistent with the Solid Waste Management Act and
the  Local  Solid  Waste  Disposal  Act,  or  for  any  other
environment-related  purpose, including but not limited to an
environment-related public works project,  but  not  for  the
construction of a new pollution control facility other than a
household  hazardous  waste facility. However, the total fee,
tax or surcharge imposed by all  units  of  local  government
under  this  subsection  (j)  upon  the  solid waste disposal
facility shall not exceed:
         (1)  45¢  per  cubic  yard  (60¢  per   cubic   yard
    beginning  January  1,  1992)  if more than 150,000 cubic
    yards  of  non-hazardous  solid  waste   is   permanently
    disposed  of  at  the site in a calendar year, unless the
    owner or operator weighs the quantity of the solid  waste
    received  with  a device for which certification has been
    obtained under the Weights and  Measures  Act,  in  which
    case  the fee shall not exceed 95¢ per ton ($1.27 per ton
    beginning January 1, 1992)  of  solid  waste  permanently
    disposed of.
         (2)  $25,000  ($33,350  beginning  in  1992) if more
    than 100,000 cubic yards, but not more than 150,000 cubic
    yards, of non-hazardous waste is permanently disposed  of
    at the site in a calendar year.
         (3)  $11,300  ($15,500  beginning  in  1992) if more
    than 50,000 cubic yards, but not more than 100,000  cubic
    yards,   of  non-hazardous  solid  waste  is  permanently
    disposed of at the site in a calendar year.
         (4)  $3,450 ($4,650 beginning in 1992) if more  than
    10,000 cubic yards, but not more than 50,000 cubic yards,
    of  non-hazardous  solid waste is permanently disposed of
    at the site in a calendar year.
         (5)  $500 ($650 beginning in 1992) if not more  than
    10,000  cubic  yards  of  non-hazardous  solid  waste  is
    permanently disposed of at the site in a calendar year.
    The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse
a  highway  commissioner  whose  road district lies wholly or
partially within the corporate limits of the  unit  of  local
government   for   expenses   incurred   in  the  removal  of
nonhazardous, nonfluid municipal waste that has  been  dumped
on  public  property  in  violation  of  a State law or local
ordinance.
    A county or Municipal Joint Action Agency that imposes  a
fee,  tax,  or  surcharge  under  this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses  incurred  in
the  removal  of  nonhazardous, nonfluid municipal waste that
has been dumped on public property in violation  of  a  State
law or local ordinance.
    If  the  fees  are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into  a  written  delegation  agreement
with the Agency pursuant to subsection (r) of Section 4.  The
unit of local government and the Agency shall enter into such
a  written  delegation  agreement  within  60  days after the
establishment of such fees or August 23, 1988,  whichever  is
later.  For the year commencing January 1, 1989, and at least
annually thereafter, the Agency shall conduct an audit of the
expenditures made by units of local government from the funds
granted  by  the  Agency to the units of local government for
purposes  of   local   sanitary   landfill   inspection   and
enforcement  programs,  to  ensure  that  the funds have been
expended for the prescribed purposes under the grant.
    The  fees,  taxes  or  surcharges  collected  under  this
subsection  (j)  shall  be  placed  by  the  unit  of   local
government  in  a separate fund, and the interest received on
the moneys in the fund shall be credited  to  the  fund.  The
monies  in the fund may be accumulated over a period of years
to be expended in accordance with this subsection.
    A unit of local government, as defined in the Local Solid
Waste Disposal Act,  shall  prepare  and  distribute  to  the
Agency, in April of each year, a report that details spending
plans   for   monies   collected   in  accordance  with  this
subsection.   The  report  will  at  a  minimum  include  the
following:
         (1)  The total monies  collected  pursuant  to  this
    subsection.
         (2)  The  most  current  balance of monies collected
    pursuant to this subsection.
         (3)  An itemized accounting of all  monies  expended
    for the previous year pursuant to this subsection.
         (4)  An estimation of monies to be collected for the
    following 3 years pursuant to this subsection.
         (5)  A narrative detailing the general direction and
    scope of future expenditures for one, 2 and 3 years.
    The  exemptions  granted under Sections 22.16 and 22.16a,
and under subsections (c) and (k) of this Section,  shall  be
applicable  to  any  fee, tax or surcharge imposed under this
subsection  (j);  except  that  the  fee,  tax  or  surcharge
authorized to be imposed under this  subsection  (j)  may  be
made  applicable  by  a  unit  of  local  government  to  the
permanent  disposal  of  solid waste after December 31, 1986,
under any contract lawfully  executed  before  June  1,  1986
under which more than 150,000 cubic yards (or 50,000 tons) of
solid waste is to be permanently disposed of, even though the
waste  is  exempt  from  the  fee  imposed by the State under
subsection (b) of  this  Section  pursuant  to  an  exemption
granted under Section 22.16.
    (k)  In  accordance with the findings and purposes of the
Illinois Solid Waste Management  Act,  beginning  January  1,
1989  the  fee  under  subsection  (b)  and  the  fee, tax or
surcharge under subsection (j) shall not apply to:
         (1)  Waste which is hazardous waste; or
         (2)  Waste which is pollution control waste; or
         (3)  Waste  from  recycling,  reclamation  or  reuse
    processes which have been approved by the Agency as being
    designed to remove any contaminant from wastes so  as  to
    render  such  wastes  reusable, provided that the process
    renders at least 50% of the waste reusable; or
         (4)  Non-hazardous solid waste that is received at a
    sanitary landfill and composted  or  recycled  through  a
    process permitted by the Agency; or
         (5)  Any  landfill  which is permitted by the Agency
    to receive only  demolition  or  construction  debris  or
    landscape waste.
(Source: P.A.   88-474;  89-93,  eff.  7-6-95;  89-443,  eff.
7-1-96; 89-445, eff. 2-7-96; revised 3-19-96.)

    (415 ILCS 5/22.38 new)
    Sec.  22.38.  Facilities  accepting  exclusively  general
construction or demolition debris for transfer,  storage,  or
treatment.
    (a)  Facilities     accepting     exclusively     general
construction  or  demolition debris for transfer, storage, or
treatment shall be subject to local  zoning,  ordinance,  and
land  use  requirements. Those facilities shall be located in
accordance with local zoning requirements or, in the  absence
of  local  zoning  requirements,  shall be located so that no
part of the facility boundary is closer than 1,320 feet  from
the nearest property zoned for primarily residential use.
    (b)  An   owner  or  operator  of  a  facility  accepting
exclusively general construction  or  demolition  debris  for
transfer, storage, or treatment shall:
         (1)  within  48  hours  of  receipt  of  the general
    construction or demolition debris at the  facility,  sort
    the general construction or demolition debris to separate
    the  recyclable general construction or demolition debris
    from non-recyclable general  construction  or  demolition
    debris to be disposed of or discarded;
         (2)  transport    off    site   for   disposal   all
    non-recyclable general construction or demolition  debris
    in  accordance  with  all  applicable federal, State, and
    local requirements within 72 hours of its receipt at  the
    facility;
         (3)  limit the percentage of incoming non-recyclable
    general  construction or demolition debris to 25% or less
    of the total incoming general construction or  demolition
    debris, as calculated on a daily basis;
         (4)  transport    all   non-putrescible   recyclable
    general construction or demolition debris  for  recycling
    or  disposal  within  6  months  of  its  receipt  at the
    facility;
         (5)  transport  all   putrescible   or   combustible
    recyclable  general construction or demolition debris for
    recycling or disposal within 45 days of  its  receipt  at
    the facility;
         (6)  employ  tagging and recordkeeping procedures to
    (i) demonstrate compliance with  this  Section  and  (ii)
    identify  the source and transporter of material accepted
    by the facility;
         (7)  control odor, noise, combustion  of  materials,
    disease vectors, dust, and litter;
         (8)  control, manage, and dispose of any storm water
    runoff   and   leachate  generated  at  the  facility  in
    accordance with  applicable  federal,  State,  and  local
    requirements;
         (9)  control access to the facility;
         (10)  comply  with all applicable federal, State, or
    local   requirements   for   the    handling,    storage,
    transportation,   or   disposal   of  asbestos-containing
    material or other material accepted at the facility  that
    is not general construction or demolition debris; and
         (11)  submit to the Agency at least 30 days prior to
    the   initial   acceptance  of  general  construction  or
    demolition debris at the facility, on forms  provided  by
    the Agency, the following information:
              (A)  the name, address, and telephone number of
         both the facility owner and operator;
              (B)  the  street  address  and  location of the
         facility;
              (C)  a description of facility operations;
              (D)  a   description   of   the   tagging   and
         recordkeeping procedures the facility will employ to
         (i) demonstrate compliance  with  this  Section  and
         (ii)  identify  the  source  and  transporter of any
         material accepted by the facility;
              (E)  the name and location of the disposal site
         to be used for the transportation  and  disposal  of
         non-recyclable materials accepted at the facility;
              (F)  the  name  and  location of an individual,
         facility, or business to which recyclable  materials
         will be transported; and
              (G)  other information as specified on the form
         provided by the Agency.
         When  any  of the information contained or processes
    described in the initial notification form  submitted  to
    the  Agency  changes, the owner and operator shall submit
    an updated form within 14 days of the change.
    (c)  For purposes of this Section, the  term  "recyclable
general  construction  or  demolition  debris"  means general
construction or demolition  debris  that  has  been  rendered
reusable and is reused or that would otherwise be disposed of
or  discarded  but  is collected, separated, or processed and
returned to the  economic  mainstream  in  the  form  of  raw
materials  or  products.  "Recyclable general construction or
demolition debris" does not include general  construction  or
demolition  debris  processed  for  use as fuel, incinerated,
burned, buried, or otherwise used as fill material.
    (d)  For purposes  of  this  Section,  "treatment"  means
processing  designed  to  alter  the  physical  nature of the
general construction or demolition debris, including but  not
limited   to   size   reduction,   crushing,   grinding,   or
homogenization,  but  does not include processing designed to
change the chemical nature of  the  general  construction  or
demolition debris.

    Section  10.  The  Illinois  Vehicle  Code  is amended by
changing Sections 13B-15, 13B-25, and 13B-30 as follows:

    (625 ILCS 5/13B-15)
    Sec. 13B-15. Inspections.
    (a)  Beginning with the  implementation  of  the  program
required by this Chapter January 1, 1995, every motor vehicle
that is owned by a resident of an affected county, other than
a  vehicle  that  is  exempt  under subsection (f) or (g), is
subject to inspection under the program.
    The Agency shall send notice of the  assigned  inspection
month,  at least 15 days before the beginning of the assigned
month, to the owner of each vehicle subject to  the  program.
For  a  vehicle  that  was  subject  to inspection before the
effective date of this amendatory Act of 1994 and  for  which
an   initial   inspection   sticker   or  initial  inspection
certificate has already been issued, the month to be assigned
by the Agency for that vehicle shall not be earlier than  the
current  assigned month, unless so requested by the owner. If
the assigned month is later than the current assigned  month,
the  Agency shall issue either a corrected inspection sticker
or corrected certificate for that vehicle.
    Initial   emission   inspection   stickers   or   initial
inspection certificates, as the case may be,  expire  on  the
last  day  of the third month following the month assigned by
the Agency for the first inspection of the  vehicle.  Renewal
inspection stickers or certificates expire on the last day of
the  third  month following the month assigned for inspection
in the  year  in  which  the  vehicle's  next  inspection  is
required.
    The  Agency  or  its  agent may issue an interim emission
inspection sticker or certificate for any vehicle subject  to
inspection  that  does  not  have  a currently valid emission
inspection sticker or certificate at the time the  Agency  is
notified  by  the Secretary of State of its registration by a
new owner, and  for  which  an  initial  emission  inspection
sticker  or  certificate  has  already  been  issued. Interim
emission inspection stickers or certificates expire no  later
than  the last day of the sixth complete calendar month after
the date the Agency issued the  interim  emission  inspection
sticker or certificate.
    The  owner  of  each  vehicle subject to inspection shall
obtain an emission inspection sticker or certificate for  the
vehicle  in  accordance  with  this  subsection.  Before  the
expiration of the emission inspection sticker or certificate,
the   owner  shall  have  the  vehicle  inspected  and,  upon
demonstration  of  compliance,  obtain  a  renewal   emission
inspection   sticker   or  certificate.  A  renewal  emission
inspection sticker or certificate shall not  be  issued  more
than  5  months  before  the  expiration date of the previous
inspection sticker or certificate.
    (b)  Except as provided in subsection (c), vehicles shall
be inspected every 2 years on a schedule that  begins  either
in  the  second,  fourth,  or  later  calendar year after the
vehicle model year. The beginning test schedule shall be  set
by  the  Agency  and  shall  be  consistent  with the State's
requirements for emission reductions  as  determined  by  the
applicable  United  States  Environmental  Protection  Agency
vehicle  emissions  estimation  model and applicable guidance
and rules.
    (c)  A  vehicle  may  be  inspected  out  of  its  2-year
inspection schedule when a new owner acquires the vehicle and
it should have been, but was not, in compliance with this Act
when the vehicle was acquired by the new owner.
    (d)  The owner of a vehicle subject to  inspection  shall
have  the  vehicle  inspected  and  obtain and display on the
vehicle or carry within the vehicle, in a manner specified by
the Agency, a valid unexpired emission inspection sticker  or
certificate in the manner specified by the Agency.
    Any  person who violates this subsection (d) is guilty of
a petty offense, except that a third or subsequent  violation
within  one  year  of  the  first  violation  is  a  Class  C
misdemeanor.  The  fine  imposed  for  a  violation  of  this
subsection  shall  be  not  less  than  $50  if the violation
occurred within 60 days following the date by which a new  or
renewal   emission  inspection  sticker  or  certificate  was
required to be obtained for the vehicle, and  not  less  than
$300  if  the violation occurred more than 60 days after that
date.
    (e) (1)  For a $20 fee,  to  be  paid  into  the  Vehicle
Inspection Fund, the Agency shall inspect:
         (A)  Vehicles   operated  on  federal  installations
    within an affected county, pursuant to Title 40,  Section
    51.356 of the Code of Federal Regulations.
         (B)  Federally  owned  vehicles operated in affected
    counties.
    (2)  For a fee of  $20,  to  be  paid  into  the  Vehicle
Inspection Fund, the Agency may inspect:
         (A)  Vehicles registered in  and subject to emission
    inspections requirements of another state.
         (B)  Vehicles   presented   for   inspection   on  a
    voluntary basis.
    Any fees collected under this subsection shall not offset
normally appropriated Motor Fuel Tax Funds.
    (f)  The  following   vehicles   are   not   subject   to
inspection:
         (1)  Vehicles  not  subject  to  registration  under
    Article IV of Chapter 3 of this Code, other than vehicles
    owned by the federal government.
         (2)  Motorcycles, motor driven cycles, and motorized
    pedalcycles.
         (3)  Farm vehicles and implements of husbandry.
         (4)  Implements  of  warfare  owned  by the State or
    federal government.
         (5)  Antique vehicles and  vehicles  of  model  year
    1967 or before.
         (6)  Vehicles  operated  exclusively  for  parade or
    ceremonial purposes by any veterans, fraternal, or  civic
    organization, organized on a not-for-profit basis.
         (7)  Vehicles  for  which  a Junking Certificate has
    been issued by the Secretary of State under Section 3-117
    of this Code.
         (8)  Diesel powered vehicles, and vehicles that  are
    powered exclusively by electricity.
         (9)  Vehicles   operated  exclusively  in  organized
    amateur or professional sporting activities,  as  defined
    in the Environmental Protection Act.
         (10)  Vehicles  registered  in,  subject  to, and in
    compliance with the emission inspection  requirements  of
    another state.
    The  Agency  may  issue  temporary or permanent exemption
stickers  or  certificates  for   vehicles   temporarily   or
permanently exempt from inspection under this subsection (f).
An  exemption  sticker  or  certificate  does  not need to be
displayed.
    (g)  According to criteria the Agency may adopt, a  motor
vehicle  may  be exempted from the inspection requirements of
this Section  by  the  Agency  on  the  basis  of  an  Agency
determination  that the vehicle is located and primarily used
outside of the affected counties or  in  other  jurisdictions
where  vehicle  emission  inspections  are not required.  The
Agency may issue an annual exemption sticker  or  certificate
without  inspection  for any vehicle exempted from inspection
under this subsection.
    (h)  Any owner or lessee of a fleet of 15 or  more  motor
vehicles  which  are subject to inspection under this Section
may apply to the Agency for a permit to establish and operate
a Private Official Inspection Station.
    (i)  Pursuant to Title 40, Section 51.371 of the Code  of
Federal  Regulations, the Agency shall establish a program of
on-road testing of in-use vehicles through the use of  remote
sensing  devices.  The  Agency  shall  evaluate  the emission
performance of 0.5% of the subject fleet or 20,000  vehicles,
whichever  is  less.  Under  no  circumstances  shall on-road
testing include any sort of roadblock or roadside pullover or
cause any type of traffic delay.
    If, during the course of on-road inspections,  a  vehicle
is   found   to   exceed   the  on-road  emissions  standards
established for the model  year  and  type  of  vehicle,  the
Agency  shall  send a notice to the vehicle owner. The notice
shall  document  the  occurrence  and  results   of   on-road
exceedances.  The notice of a second on-road exceedance shall
indicate that the vehicle has been reassigned and is  subject
to  an  out-of-cycle  follow-up  inspection  at  an  official
inspection station. In no case shall the Agency send a notice
of  an  on-road exceedance to the owner of a vehicle that was
found to exceed the on-road  emission  standards  established
for  the  model  year  and  type of vehicle if the vehicle is
registered outside of the affected counties.
(Source: P.A. 88-533.)

    (625 ILCS 5/13B-25)
    Sec. 13B-25. Performance of inspections.
    (a)  The  inspection  of  vehicles  required  under  this
Chapter shall be performed only: (i) by inspectors  who  have
been  certified by the Agency after successfully completing a
course of training and successfully passing a  written  test;
(ii)  at  official  inspection  stations  or official on-road
inspection sites established under this  Chapter;  and  (iii)
with equipment that has been approved by the Agency for these
inspections.
    (b)  Except  as  provided in subsections (c) and (d), the
inspection shall consist of (i) a  loaded  mode  exhaust  gas
analysis; (ii) an evaporative system integrity test; (iii) an
evaporative  system  purge  test;  (iv)  an on-board computer
diagnostic system check; and (iv) (v) a verification that all
required emission-related recall repairs have been made under
Title 40, Section 51.370 of the Code of Federal  Regulations,
and  may  also  include an evaporative system purge test. The
owner of the vehicle or the owner's agent shall  be  entitled
to  an emission inspection certificate issued by an inspector
only if all required tests are passed  at  the  time  of  the
inspection.
    (c)  A  steady-state  idle  exhaust  gas  analysis may be
substituted for the loaded mode exhaust gas analysis and  the
evaporative purge system test in the following cases:
         (1)  On any vehicle of model year 1980 or older.
         (2)  On  any  heavy duty vehicle with a manufacturer
    gross vehicle weight rating in excess of 8,500 pounds.
         (3)  On any vehicle for which loaded mode testing is
    not possible due to vehicle design or configuration.
    (d)  A  steady-state  idle  gas  analysis  may  also   be
substituted  for  the  new procedures specified in subsection
(b) in inspections conducted in calendar  year  1995  on  any
vehicle of model year 1990 or older.
    (e)  The  exhaust gas analysis shall consist of a test of
an exhaust gas sample to determine whether the quantities  of
exhaust  gas  pollutants  emitted  by  the  vehicle  meet the
standards set for vehicles of that type under Section 13B-20.
A vehicle shall be deemed to have passed this portion of  the
inspection  if  the  evaluation  of  the  exhaust  gas sample
indicates that  the  quantities  of  exhaust  gas  pollutants
emitted  by  the  vehicle do not exceed the standards set for
vehicles of that type under Section 13B-20  or  an  inspector
certifies  that  the  vehicle  qualifies  for a waiver of the
exhaust gas pollutant standards under Section 13B-30.
    (f)  The evaporative system integrity test shall  consist
of  a  procedure  to  determine  if  leaks  exist in all or a
portion of the  vehicle  fuel  evaporation  emission  control
system.   A  vehicle shall be deemed to have passed this test
if it meets the criteria that the  Board  may  adopt  for  an
evaporative  system  integrity  test no leaks are observed in
the system, as determined by comparison of observed  pressure
decay  with standards set for vehicles of that type and model
year.
    (g)  The evaporative system purge test shall consist of a
procedure to verify the  purging  of  vapors  stored  in  the
evaporative  canister.   A  vehicle  shall  be deemed to have
passed this test if it meets the criteria that the Board  may
adopt  for  an  evaporative  system purge test the purge flow
exceeds standards set for vehicles of  that  type  and  model
year as measured during the loaded mode exhaust gas test.
    (h)  The  on-board computer diagnostic test shall consist
of accessing the vehicle's on-board computer  system,  if  so
equipped, and reading any stored diagnostic codes that may be
present.   The  vehicle  shall  be deemed to have passed this
test if the codes observed did not exceed standards  set  for
vehicles of that type under Section 13B-20.
(Source: P.A. 88-533.)

    (625 ILCS 5/13B-30)
    Sec. 13B-30.  Waivers.
    (a)  The  Agency  shall  certify  that a vehicle that has
failed a vehicle emission retest qualifies for  a  waiver  of
the  emission  inspection standards if the following criteria
are met:
         (1)  The  vehicle  has  received  all  repairs   and
    adjustments  for  which it is eligible under any emission
    performance warranty provided under Section  207  of  the
    federal Clean Air Act.
         (2)  The  Agency  determines  by  normal  inspection
    procedures  that  the  vehicle's emission control devices
    are present and  appear  to  be  properly  connected  and
    operating.
         (3)  Consistent with Title 40, Section 51.360 of the
    Code  of Federal Regulations, for vehicles required to be
    tested under this Chapter, a minimum  expenditure  of  at
    least  $450  in  emission-related  repairs  exclusive  of
    tampering-related repairs have been made.
         (4)  Repairs  for  vehicles  of  model year 1981 and
    later are conducted by a recognized repair technician.
         (5)  Evidence of repair is presented  consisting  of
    either  signed and dated receipts identifying the vehicle
    and describing the work performed and amount charged  for
    eligible   emission-related   repairs,  or  an  affidavit
    executed by the person performing the  eligible  emission
    related repairs.
         (6)  The  repairs have resulted in an improvement in
    vehicle emissions as determined by comparison of  initial
    and final retest results.
    (b)  The   Agency   may   issue  an  emission  inspection
certificate to  vehicles  failing  a  transient  loaded  mode
emission   retest  if  a  complete  documented  physical  and
functional diagnosis and inspection shows that no  additional
emission-related   repairs   are   needed.   This  diagnostic
inspection must be performed by the Agency or its  designated
agent  and shall be available only to motorists whose vehicle
was repaired by a recognized repair technician.
    (c)  The  Agency  may  extend  the  emission   inspection
certificate  expiration  date  by  one year upon receipt of a
petition by the vehicle owner that needed repairs  cannot  be
made  due  to  economic  hardship.  Consistent with Title 40,
Section 51.360 of  the  Code  of  Federal  Regulations,  this
extension may be granted more than shall be granted only once
during the life of the vehicle.
    (d)  The  Agency shall propose procedures, practices, and
performance requirements for operation of  vehicle  scrappage
programs  by  any  person  that  wants to receive credits for
certain  emissions  reductions  from  these  vehicles.    The
proposal shall  include  the  method  of  vehicle  selection,
testing of vehicle emissions, documentation of annual vehicle
miles traveled, determination of emissions, and determination
of  emissions  reductions  credits.   Any applicable guidance
available from the  United  States  Environmental  Protection
Agency  regarding  these programs shall also be considered by
the Agency.  Within 180 days  after  the  Agency  files  this
proposal,  the  Board shall adopt rules for vehicle scrappage
programs. Subsection (b) of Section 27 of  the  Environmental
Protection  Act and the rulemaking provisions of the Illinois
Administrative Procedure Act shall not apply to rules adopted
by the Board under this subsection (d).
    (e)  The Agency may adopt procedures to purchase vehicles
for  scrap  that  are  unable  to  meet  emission  inspection
standards and for which motorists provide a  signed  estimate
from   a  recognized  repair  technician  that  the  cost  of
emission-related repairs is  expected  to  exceed  an  amount
equal to one-half of the current minimum expenditure required
in  item (3) of subsection (a) of this Section. If the Agency
adopts such procedures, they must be included in the  vehicle
scrappage  programs in subsection (d).  Such procedures shall
require the Agency to arrange for private sector funding  for
the  purchase  of  at least 90% of the vehicles which will be
purchased for scrap.
    (f)  The  Agency  may  issue   an   emission   inspection
certificate  for  vehicles  subject  to inspection under this
Chapter that are  located  and  primarily  used  in  an  area
subject  to  the  vehicle emission inspection requirements of
another state.  Emission  inspection  certificates  shall  be
issued  under this subsection only upon receipt by the Agency
of evidence that the vehicle has been  inspected  and  is  in
compliance  with  the  emission  inspection  requirements and
standards applicable in the state or local jurisdiction where
the vehicle is being used.
(Source: P.A. 88-533.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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