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| Public Act 103-0342
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| HB3277 Enrolled | LRB103 30244 CPF 56672 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by |
changing Section 21 as follows:
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(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
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Sec. 21. Prohibited acts. No person shall:
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(a) Cause or allow the open dumping of any waste.
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(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.
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(c) Abandon any vehicle in violation of the "Abandoned |
Vehicles
Amendment to the Illinois Vehicle Code", as enacted |
by the 76th General
Assembly.
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(d) Conduct any waste-storage, waste-treatment, or |
waste-disposal
operation:
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(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
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necessary to assure compliance with this Act and with |
regulations and
standards adopted thereunder; provided, |
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however, that, except for municipal
solid waste landfill |
units that receive waste on or after October 9, 1993, and |
CCR surface impoundments,
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, (ii) until one year after the |
effective date of rules adopted by the Board under |
subsection (n) of Section 22.38,
a facility located in a |
county with a
population over 700,000 as of January 1, |
2000, 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, provided that the facility was |
receiving construction or demolition debris on August 24, |
2009 (the effective date of Public Act 96-611), or (iii) |
any person conducting a waste transfer, storage, |
treatment, or disposal operation, including, but not |
limited to, a waste transfer or waste composting |
operation, under a mass animal mortality event plan |
created by the Department of Agriculture;
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(2) in violation of any regulations or standards |
adopted by the
Board under this Act;
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(3) which receives waste after August 31, 1988, does |
not have a permit
issued by the Agency, and is (i) a |
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landfill used exclusively for the
disposal of waste |
generated at the site, (ii) a surface impoundment
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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.
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Item (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.
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This subsection (d) shall not apply to hazardous waste.
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(e) Dispose, treat, store or abandon any waste, or |
transport any waste
into this State for disposal, treatment, |
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storage or abandonment, except at
a site or facility which |
meets the requirements of this Act and of
regulations and |
standards thereunder.
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(f) Conduct any hazardous waste-storage, hazardous |
waste-treatment or
hazardous waste-disposal operation:
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(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
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(2) in violation of any regulations or standards |
adopted by the Board
under this Act; or
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(3) in violation of any RCRA permit filing requirement |
established under
standards adopted by the Board under |
this Act; or
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(4) in violation of any order adopted by the Board |
under this Act.
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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
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substance was acquired for use by that person on his own |
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property and the
substance is disposed of on his own property |
in accordance with regulations
or standards adopted by the |
Board.
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(g) Conduct any hazardous waste-transportation operation:
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(1) without registering with and obtaining a special |
waste hauling permit from the Agency in
accordance with |
the regulations adopted by the Board under this Act; or
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(2) in violation of any regulations or standards |
adopted by
the
Board under this Act.
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(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.
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(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.
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(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 |
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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
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government which operates the treatment plant producing such |
sludge shall
file an annual 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.
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(k) Fail or refuse to pay any fee imposed under this Act.
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(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
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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.
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(m) Transfer interest in any land which has been used as a
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hazardous waste disposal site without written notification to |
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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.
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(n) Use any land which has been used as a hazardous waste
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disposal site except in compliance with conditions imposed by |
the Agency
under subsection (g) of Section 39.
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(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:
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(1) refuse in standing or flowing waters;
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(2) leachate flows entering waters of the State;
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(3) leachate flows exiting the landfill confines (as |
determined by the
boundaries established for the landfill |
by a permit issued by the Agency);
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(4) open burning of refuse in violation of Section 9 |
of this Act;
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(5) uncovered refuse remaining from any previous |
operating day or at the
conclusion of any operating day, |
unless authorized by permit;
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(6) failure to provide final cover within time limits |
established by
Board regulations;
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(7) acceptance of wastes without necessary permits;
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(8) scavenging as defined by Board regulations;
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(9) deposition of refuse in any unpermitted portion of |
the landfill;
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(10) acceptance of a special waste without a required |
manifest;
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(11) failure to submit reports required by permits or |
Board regulations;
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(12) failure to collect and contain litter from the |
site by the end of
each operating day;
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(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.
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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.
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(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:
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(1) litter;
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(2) scavenging;
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(3) open burning;
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(4) deposition of waste in standing or flowing waters;
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(5) proliferation of disease vectors;
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(6) standing or flowing liquid discharge from the dump |
site;
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(7) deposition of:
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(i) general construction or demolition debris as |
defined in Section
3.160(a) of this Act; or
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(ii) clean construction or demolition debris as |
defined in Section
3.160(b) of this Act.
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The prohibitions specified in this subsection (p) shall be
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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.
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(q) Conduct a landscape waste composting operation without |
an Agency
permit, provided, however, that no permit shall be |
required for any person:
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(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
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(1.5) conducting a landscape waste composting |
operation that (i) has no more than 25 cubic yards of |
landscape waste, composting additives, composting |
material, or end-product compost on-site at any one time |
and (ii) is not engaging in commercial activity; or |
(2) applying landscape waste or composted landscape |
waste at agronomic
rates; or
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(2.5) operating a landscape waste composting facility |
at a site having 10 or more occupied non-farm residences |
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within 1/2 mile of its boundaries, 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 site's total acreage; |
(A-5) any composting additives that the composting |
facility accepts and uses at the facility are |
necessary to provide proper conditions for composting |
and do not exceed 10% of the total composting material |
at the facility at any one time; |
(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, except incidental sales of finished compost, |
is applied at agronomic rates and used as mulch, |
fertilizer, or soil conditioner on land actually |
farmed by the person operating the composting |
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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) no fee is charged for the acceptance of |
materials to be composted at the facility; and |
(E) the owner or operator, by January 1, 2014 (or |
the January 1
following commencement of operation, |
whichever is later) and January 1 of
each year |
thereafter, 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), |
(A-5), (B), (C), and (D) of this paragraph
(2.5); 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) or a lesser distance from the nearest |
residence (other than a residence located on the same |
property as the facility) if the municipality in which |
the facility is located has by ordinance approved a |
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lesser distance than 1/4 mile, and was placed more |
than 5 feet above the water table; any ordinance |
approving a residential setback of less than 1/4 mile |
that is used to meet the requirements of this |
subparagraph (E) of paragraph (2.5) of this subsection |
must specifically reference this paragraph; or |
(3) operating a landscape waste composting facility on |
a farm, if the
facility meets all of the following |
criteria:
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(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 Board may allow a higher percentage for |
individual sites where the owner
or operator has |
demonstrated to the Board that the site's soil
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characteristics or crop needs require a higher rate;
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(A-1) the composting facility accepts from other |
agricultural operations for composting with landscape |
waste no materials other than uncontaminated and |
source-separated (i) crop residue and other |
agricultural plant residue generated from the |
production and harvesting of crops and other customary |
farm practices, including, but not limited to, stalks, |
leaves, seed pods, husks, bagasse, and roots and (ii) |
plant-derived animal bedding, such as straw or |
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sawdust, that is free of manure and was not made from |
painted or treated wood; |
(A-2) any composting additives that the composting |
facility accepts and uses at the facility are |
necessary to provide proper conditions for composting |
and do not exceed 10% of the total composting material |
at the facility at any one time; |
(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;
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(C) all compost generated by the composting |
facility, except incidental sales of finished compost, |
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;
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(D) the owner or operator, by January 1 of
each |
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year, (i) registers the site with the Agency, (ii) |
reports
to the Agency on the volume of composting |
material received and used at the
site and the volume |
of material comprising the incidental sale of finished |
compost under this subsection (q), (iii) certifies to |
the Agency that the site complies with the
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requirements set forth in subparagraphs (A), (A-1), |
(A-2), (B), and (C) of this paragraph
(q)(3), and (iv) |
certifies to the Agency that all composting material: |
(I) was
placed more than 200 feet from the |
nearest potable water supply well; |
(II) was
placed outside the boundary of the |
10-year floodplain or on a part of the
site that is |
floodproofed; |
(III) was placed either (aa) 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 or (bb) a |
lesser distance from the nearest residence (other |
than a residence located on the same property as |
the facility) provided that the municipality or |
county in which the facility is located has by |
ordinance approved a lesser distance than 1/4 mile |
and there are not more than 10 occupied non-farm |
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residences
within 1/2 mile of the boundaries of |
the site on the date of application;
and |
(IV) was placed more than 5 feet above the |
water table. |
Any ordinance approving a residential setback of |
less than 1/4 mile that is used to meet the |
requirements of this subparagraph (D) must |
specifically reference this subparagraph.
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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
Board may allow a higher rate for |
individual sites where the owner or
operator has demonstrated |
to the Board that the site's soil
characteristics or crop |
needs require a higher rate. |
For the purposes of this subsection (q), "incidental sale
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of finished compost" means the sale of finished compost that
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meets general use compost standards and is no more than 20% or
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300 cubic yards, whichever is less, of the total compost
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created annually by a private landowner for the landowner's |
own use.
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(r) Cause or allow the storage or disposal of coal |
combustion
waste unless:
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(1) such waste is stored or disposed of at a site or
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facility for which
a permit has been obtained or is not |
otherwise required under subsection
(d) of this Section; |
or
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(2) such waste is stored or disposed of as a part of
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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
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(3) such waste is stored or disposed of at a site or
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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
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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
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to accept the waste; and either:
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(i) such waste is stored or disposed of in |
accordance
with requirements
applicable to refuse |
disposal under regulations adopted by the Board for
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mine-related water pollution and pursuant to NPDES and |
Subtitle D permits
issued by the Agency under such |
regulations; or
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(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 |
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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.
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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
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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).
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(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.
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(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.
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(u) Conduct any vegetable by-product treatment, storage, |
disposal or
transportation operation in violation of any |
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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.
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(v) (Blank).
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(w) Conduct any generation, transportation, or recycling |
of construction or
demolition debris, clean or general, or |
uncontaminated soil generated during
construction, remodeling, |
repair, and demolition of utilities, structures, and
roads |
that is not commingled with any waste, without the maintenance |
of
documentation identifying the hauler, generator, place of |
origin of the debris
or soil, the weight or volume of the |
debris or soil, and the location, owner,
and operator of the |
facility where the debris or soil was transferred,
disposed, |
recycled, or treated. This documentation must be maintained by |
the
generator, transporter, or recycler for 3 years.
This |
subsection (w) shall not apply to (1) a permitted pollution |
control
facility that transfers or accepts construction or |
demolition debris,
clean or general, or uncontaminated soil |
for final disposal, recycling, or
treatment, (2) a public |
utility (as that term is defined in the Public
Utilities Act) |
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or a municipal utility, (3) the Illinois Department of
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Transportation, or (4) a municipality or a county highway |
department, with
the exception of any municipality or county |
highway department located within a
county having a population |
of over 3,000,000 inhabitants or located in a county
that
is |
contiguous to a county having a population of over 3,000,000 |
inhabitants;
but it shall apply to an entity that contracts |
with a public utility, a
municipal utility, the Illinois |
Department of Transportation, or a
municipality or a county |
highway department.
The terms
"generation" and "recycling", as
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used in this subsection, do not
apply to clean construction or |
demolition debris
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)
solely broken concrete without
protruding metal bars is |
used for erosion control, or (iii) milled
asphalt or crushed |
concrete is used as aggregate in construction of the
shoulder |
of a roadway. The terms "generation" and "recycling", as used |
in this
subsection, do not apply to uncontaminated soil
that |
is not commingled with any waste when (i) used as fill material |
below
grade or contoured to grade, or (ii) used at the site of |
generation.
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(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22; |
102-310, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. |
5-13-22.)
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