Bill Amendment: IL SB3129 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: POLLUTION CONTROL FACILITY
Status: 2019-01-09 - Session Sine Die [SB3129 Detail]
Download: Illinois-2017-SB3129-Senate_Amendment_001.html
Bill Title: POLLUTION CONTROL FACILITY
Status: 2019-01-09 - Session Sine Die [SB3129 Detail]
Download: Illinois-2017-SB3129-Senate_Amendment_001.html
| |||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO SENATE BILL 3129
| ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 3129 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "Section 5. The Environmental Protection Act is amended by | ||||||
| 5 | changing Sections 3.330, 3.535, 9.4, and 22.16b and by adding | ||||||
| 6 | Sections 3.201, 3.202, 3.299, 3.336, 3.366, and 3.367 as | ||||||
| 7 | follows:
| ||||||
| 8 | (415 ILCS 5/3.201 new) | ||||||
| 9 | Sec. 3.201. Gasification. "Gasification" means a process | ||||||
| 10 | through which nonrecycled feedstocks are heated and converted | ||||||
| 11 | into a fuel-gas mixture in an oxygen-deficient atmosphere and | ||||||
| 12 | the mixture is converted into fuels, including ethanol and | ||||||
| 13 | transportation fuels, chemicals, or other chemical feedstocks. | ||||||
| 14 | "Gasification" is not waste incineration or waste treatment.
| ||||||
| 15 | (415 ILCS 5/3.202 new) | ||||||
| |||||||
| |||||||
| 1 | Sec. 3.202. Gasification facility. "Gasification facility" | ||||||
| 2 | means a manufacturing facility that receives, separates, | ||||||
| 3 | stores and converts post-use polymers and nonrecycled | ||||||
| 4 | feedstocks using gasification. A "gasification facility" is | ||||||
| 5 | not a pollution control facility, a solid waste treatment | ||||||
| 6 | facility, or a solid waste incineration facility.
| ||||||
| 7 | (415 ILCS 5/3.299 new) | ||||||
| 8 | Sec. 3.299. Nonrecycled feedstocks. "Nonrecycled | ||||||
| 9 | feedstocks" means one or more of the following materials, | ||||||
| 10 | derived from nonrecycled waste, that has been processed so that | ||||||
| 11 | it may be used as feedstock in a gasification facility: | ||||||
| 12 | (1) post-use polymers; and | ||||||
| 13 | (2) non-waste materials as determined by the United | ||||||
| 14 | States Environmental Protection Agency under 40 CFR | ||||||
| 15 | 241.3(c) or otherwise.
| ||||||
| 16 | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
| ||||||
| 17 | Sec. 3.330. Pollution control facility.
| ||||||
| 18 | (a) "Pollution control facility" is any waste storage site, | ||||||
| 19 | sanitary
landfill, waste disposal site, waste transfer | ||||||
| 20 | station, waste treatment
facility, or waste incinerator. This | ||||||
| 21 | includes sewers, sewage treatment
plants, and any other | ||||||
| 22 | facilities owned or operated by sanitary districts
organized | ||||||
| 23 | under the Metropolitan Water Reclamation District Act.
| ||||||
| 24 | The following are not pollution control facilities:
| ||||||
| |||||||
| |||||||
| 1 | (1) (blank);
| ||||||
| 2 | (2) waste storage sites regulated under 40 CFR, Part | ||||||
| 3 | 761.42;
| ||||||
| 4 | (3) sites or facilities used by any person conducting a | ||||||
| 5 | waste storage,
waste treatment, waste disposal, waste | ||||||
| 6 | transfer or waste incineration
operation, or a combination | ||||||
| 7 | thereof, for wastes generated by such person's
own | ||||||
| 8 | activities, when such wastes are stored, treated, disposed | ||||||
| 9 | of,
transferred or incinerated within the site or facility | ||||||
| 10 | owned, controlled or
operated by such person, or when such | ||||||
| 11 | wastes are transported within or
between sites or | ||||||
| 12 | facilities owned, controlled or operated by such person;
| ||||||
| 13 | (4) sites or facilities at which the State is | ||||||
| 14 | performing removal or
remedial action pursuant to Section | ||||||
| 15 | 22.2 or 55.3;
| ||||||
| 16 | (5) abandoned quarries used solely for the disposal of | ||||||
| 17 | concrete, earth
materials, gravel, or aggregate debris | ||||||
| 18 | resulting from road construction
activities conducted by a | ||||||
| 19 | unit of government or construction activities due
to the | ||||||
| 20 | construction and installation of underground pipes, lines, | ||||||
| 21 | conduit
or wires off of the premises of a public utility | ||||||
| 22 | company which are
conducted by a public utility;
| ||||||
| 23 | (6) sites or facilities used by any person to | ||||||
| 24 | specifically conduct a
landscape composting operation;
| ||||||
| 25 | (7) regional facilities as defined in the Central | ||||||
| 26 | Midwest Interstate
Low-Level Radioactive Waste Compact;
| ||||||
| |||||||
| |||||||
| 1 | (8) the portion of a site or facility where coal | ||||||
| 2 | combustion wastes are
stored or disposed of in accordance | ||||||
| 3 | with subdivision (r)(2) or (r)(3) of
Section 21;
| ||||||
| 4 | (9) the portion of a site or facility used for the | ||||||
| 5 | collection,
storage or processing of waste tires as defined | ||||||
| 6 | in Title XIV;
| ||||||
| 7 | (10) the portion of a site or facility used for | ||||||
| 8 | treatment of
petroleum contaminated materials by | ||||||
| 9 | application onto or incorporation into
the soil surface and | ||||||
| 10 | any portion of that site or facility used for storage
of | ||||||
| 11 | petroleum contaminated materials before treatment. Only | ||||||
| 12 | those categories
of petroleum listed in Section
57.9(a)(3) | ||||||
| 13 | are exempt under this subdivision (10);
| ||||||
| 14 | (11) the portion of a site or facility where used oil | ||||||
| 15 | is collected or
stored prior to shipment to a recycling or | ||||||
| 16 | energy recovery facility, provided
that the used oil is | ||||||
| 17 | generated by households or commercial establishments, and
| ||||||
| 18 | the site or facility is a recycling center or a business | ||||||
| 19 | where oil or gasoline
is sold at retail; | ||||||
| 20 | (11.5) processing sites or facilities that receive | ||||||
| 21 | only on-specification used oil, as defined in 35 Ill. | ||||||
| 22 | Admin. Code 739, originating from used oil collectors for | ||||||
| 23 | processing that is managed under 35 Ill. Admin. Code 739 to | ||||||
| 24 | produce products for sale to off-site petroleum | ||||||
| 25 | facilities, if these processing sites or facilities are: | ||||||
| 26 | (i) located within a home rule unit of local government | ||||||
| |||||||
| |||||||
| 1 | with a population of at least 30,000 according to the 2000 | ||||||
| 2 | federal census, that home rule unit of local government has | ||||||
| 3 | been designated as an Urban Round II Empowerment Zone by | ||||||
| 4 | the United States Department of Housing and Urban | ||||||
| 5 | Development, and that home rule unit of local government | ||||||
| 6 | has enacted an ordinance approving the location of the site | ||||||
| 7 | or facility and provided funding for the site or facility; | ||||||
| 8 | and (ii) in compliance with all applicable zoning | ||||||
| 9 | requirements;
| ||||||
| 10 | (12) the portion of a site or facility utilizing coal | ||||||
| 11 | combustion waste
for stabilization and treatment of only | ||||||
| 12 | waste generated on that site or
facility when used in | ||||||
| 13 | connection with response actions pursuant to the federal
| ||||||
| 14 | Comprehensive Environmental Response, Compensation, and | ||||||
| 15 | Liability Act of 1980,
the federal Resource Conservation | ||||||
| 16 | and Recovery Act of 1976, or the Illinois
Environmental | ||||||
| 17 | Protection Act or as authorized by the Agency;
| ||||||
| 18 | (13) the portion of a site or facility that accepts | ||||||
| 19 | exclusively general
construction or demolition debris and | ||||||
| 20 | is operated and located in accordance with Section 22.38 of | ||||||
| 21 | this Act; | ||||||
| 22 | (14) the portion of a site or facility, located within | ||||||
| 23 | a unit of local government that has enacted local zoning | ||||||
| 24 | requirements, used to accept, separate, and process | ||||||
| 25 | uncontaminated broken concrete, with or without protruding | ||||||
| 26 | metal bars, provided that the uncontaminated broken | ||||||
| |||||||
| |||||||
| 1 | concrete and metal bars are not speculatively accumulated, | ||||||
| 2 | are at the site or facility no longer than one year after | ||||||
| 3 | their acceptance, and are returned to the economic | ||||||
| 4 | mainstream in the form of raw materials or products;
| ||||||
| 5 | (15) the portion of a site or facility located in a | ||||||
| 6 | county with a population over 3,000,000 that has obtained | ||||||
| 7 | local siting approval under Section 39.2 of this Act for a | ||||||
| 8 | municipal waste incinerator on or before July 1, 2005 and | ||||||
| 9 | that is used for a non-hazardous waste transfer station;
| ||||||
| 10 | (16) a site or facility that temporarily holds in | ||||||
| 11 | transit for 10 days or less, non-putrescible solid waste in | ||||||
| 12 | original containers, no larger in capacity than 500 | ||||||
| 13 | gallons, provided that such waste is further transferred to | ||||||
| 14 | a recycling, disposal, treatment, or storage facility on a | ||||||
| 15 | non-contiguous site and provided such site or facility | ||||||
| 16 | complies with the applicable 10-day transfer requirements | ||||||
| 17 | of the federal Resource Conservation and Recovery Act of | ||||||
| 18 | 1976 and United States Department of Transportation | ||||||
| 19 | hazardous material requirements. For purposes of this | ||||||
| 20 | Section only, "non-putrescible solid waste" means waste | ||||||
| 21 | other than municipal garbage that does not rot or become | ||||||
| 22 | putrid, including, but not limited to, paints, solvent, | ||||||
| 23 | filters, and absorbents;
| ||||||
| 24 | (17)
the portion of a site or facility located in a | ||||||
| 25 | county with a population greater than 3,000,000 that has | ||||||
| 26 | obtained local siting approval, under Section 39.2 of this | ||||||
| |||||||
| |||||||
| 1 | Act, for a municipal waste incinerator on or before July 1, | ||||||
| 2 | 2005 and that is used for wood combustion facilities for | ||||||
| 3 | energy recovery that accept and burn only wood material, as | ||||||
| 4 | included in a fuel specification approved by the Agency;
| ||||||
| 5 | (18)
a transfer station used exclusively for landscape | ||||||
| 6 | waste, including a transfer station where landscape waste | ||||||
| 7 | is ground to reduce its volume, where the landscape waste | ||||||
| 8 | is held no longer than 24 hours from the time it was | ||||||
| 9 | received; | ||||||
| 10 | (19) the portion of a site or facility that (i) is used | ||||||
| 11 | for the composting of food scrap, livestock waste, crop | ||||||
| 12 | residue, uncontaminated wood waste, or paper waste, | ||||||
| 13 | including, but not limited to, corrugated paper or | ||||||
| 14 | cardboard, and (ii) meets all of the following | ||||||
| 15 | requirements: | ||||||
| 16 | (A) There must not be more than a total of 30,000 | ||||||
| 17 | cubic yards of livestock waste in raw form or in the | ||||||
| 18 | process of being composted at the site or facility at | ||||||
| 19 | any one time. | ||||||
| 20 | (B) All food scrap, livestock waste, crop residue, | ||||||
| 21 | uncontaminated wood waste, and paper waste must, by the | ||||||
| 22 | end of each operating day, be processed and placed into | ||||||
| 23 | an enclosed vessel in which air flow and temperature | ||||||
| 24 | are controlled, or all of the following additional | ||||||
| 25 | requirements must be met: | ||||||
| 26 | (i) The portion of the site or facility used | ||||||
| |||||||
| |||||||
| 1 | for the composting operation must include a | ||||||
| 2 | setback of at least 200 feet from the nearest | ||||||
| 3 | potable water supply well. | ||||||
| 4 | (ii) The portion of the site or facility used | ||||||
| 5 | for the composting operation must be located | ||||||
| 6 | outside the boundary of the 10-year floodplain or | ||||||
| 7 | floodproofed. | ||||||
| 8 | (iii) Except in municipalities with more than | ||||||
| 9 | 1,000,000 inhabitants, the portion of the site or | ||||||
| 10 | facility used for the composting operation must be | ||||||
| 11 | located at least one-eighth of a mile from the | ||||||
| 12 | nearest residence, other than a residence located | ||||||
| 13 | on the same property as the site or facility. | ||||||
| 14 | (iv) The portion of the site or facility used | ||||||
| 15 | for the composting operation must be located at | ||||||
| 16 | least one-eighth of a mile from the property line | ||||||
| 17 | of all of the following areas: | ||||||
| 18 | (I) Facilities that primarily serve to | ||||||
| 19 | house or treat people that are | ||||||
| 20 | immunocompromised or immunosuppressed, such as | ||||||
| 21 | cancer or AIDS patients; people with asthma, | ||||||
| 22 | cystic fibrosis, or bioaerosol allergies; or | ||||||
| 23 | children under the age of one year. | ||||||
| 24 | (II) Primary and secondary schools and | ||||||
| 25 | adjacent areas that the schools use for | ||||||
| 26 | recreation. | ||||||
| |||||||
| |||||||
| 1 | (III) Any facility for child care licensed | ||||||
| 2 | under Section 3 of the Child Care Act of 1969; | ||||||
| 3 | preschools; and adjacent areas that the | ||||||
| 4 | facilities or preschools use for recreation. | ||||||
| 5 | (v) By the end of each operating day, all food | ||||||
| 6 | scrap, livestock waste, crop residue, | ||||||
| 7 | uncontaminated wood waste, and paper waste must be | ||||||
| 8 | (i) processed into windrows or other piles and (ii) | ||||||
| 9 | covered in a manner that prevents scavenging by | ||||||
| 10 | birds and animals and that prevents other | ||||||
| 11 | nuisances. | ||||||
| 12 | (C) Food scrap, livestock waste, crop residue, | ||||||
| 13 | uncontaminated wood waste, paper waste, and compost | ||||||
| 14 | must not be placed within 5 feet of the water table. | ||||||
| 15 | (D) The site or facility must meet all of the | ||||||
| 16 | requirements of the Wild and Scenic Rivers Act (16 | ||||||
| 17 | U.S.C. 1271 et seq.). | ||||||
| 18 | (E) The site or facility must not (i) restrict the | ||||||
| 19 | flow of a 100-year flood, (ii) result in washout of | ||||||
| 20 | food scrap, livestock waste, crop residue, | ||||||
| 21 | uncontaminated wood waste, or paper waste from a | ||||||
| 22 | 100-year flood, or (iii) reduce the temporary water | ||||||
| 23 | storage capacity of the 100-year floodplain, unless | ||||||
| 24 | measures are undertaken to provide alternative storage | ||||||
| 25 | capacity, such as by providing lagoons, holding tanks, | ||||||
| 26 | or drainage around structures at the facility. | ||||||
| |||||||
| |||||||
| 1 | (F) The site or facility must not be located in any | ||||||
| 2 | area where it may pose a threat of harm or destruction | ||||||
| 3 | to the features for which: | ||||||
| 4 | (i) an irreplaceable historic or | ||||||
| 5 | archaeological site has been listed under the | ||||||
| 6 | National Historic Preservation Act (16 U.S.C. 470 | ||||||
| 7 | et seq.) or the Illinois Historic Preservation | ||||||
| 8 | Act; | ||||||
| 9 | (ii) a natural landmark has been designated by | ||||||
| 10 | the National Park Service or the Illinois State | ||||||
| 11 | Historic Preservation Office; or | ||||||
| 12 | (iii) a natural area has been designated as a | ||||||
| 13 | Dedicated Illinois Nature Preserve under the | ||||||
| 14 | Illinois Natural Areas Preservation Act. | ||||||
| 15 | (G) The site or facility must not be located in an | ||||||
| 16 | area where it may jeopardize the continued existence of | ||||||
| 17 | any designated endangered species, result in the | ||||||
| 18 | destruction or adverse modification of the critical | ||||||
| 19 | habitat for such species, or cause or contribute to the | ||||||
| 20 | taking of any endangered or threatened species of | ||||||
| 21 | plant, fish, or wildlife listed under the Endangered | ||||||
| 22 | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | ||||||
| 23 | Endangered Species Protection Act; | ||||||
| 24 | (20) the portion of a site or facility that is located | ||||||
| 25 | entirely within a home rule unit having a population of no | ||||||
| 26 | less than 120,000 and no more than 135,000, according to | ||||||
| |||||||
| |||||||
| 1 | the 2000 federal census, and that meets all of the | ||||||
| 2 | following requirements: | ||||||
| 3 | (i) the portion of the site or facility is used | ||||||
| 4 | exclusively to perform testing of a thermochemical | ||||||
| 5 | conversion technology using only woody biomass, | ||||||
| 6 | collected as landscape waste within the boundaries of | ||||||
| 7 | the home rule unit, as the hydrocarbon feedstock for | ||||||
| 8 | the production of synthetic gas in accordance with | ||||||
| 9 | Section 39.9 of this Act; | ||||||
| 10 | (ii) the portion of the site or facility is in | ||||||
| 11 | compliance with all applicable zoning requirements; | ||||||
| 12 | and | ||||||
| 13 | (iii) a complete application for a demonstration | ||||||
| 14 | permit at the portion of the site or facility has been | ||||||
| 15 | submitted to the Agency in accordance with Section 39.9 | ||||||
| 16 | of this Act within one year after July 27, 2010 (the | ||||||
| 17 | effective date of Public Act 96-1314); | ||||||
| 18 | (21) the portion of a site or facility used to perform | ||||||
| 19 | limited testing of a gasification conversion technology in | ||||||
| 20 | accordance with Section 39.8 of this Act and for which a | ||||||
| 21 | complete permit application has been submitted to the | ||||||
| 22 | Agency prior to one year from April 9, 2010 (the effective | ||||||
| 23 | date of Public Act 96-887);
| ||||||
| 24 | (22) the portion of a site or facility that is used to | ||||||
| 25 | incinerate only pharmaceuticals from residential sources | ||||||
| 26 | that are collected and transported by law enforcement | ||||||
| |||||||
| |||||||
| 1 | agencies under Section 17.9A of this Act; | ||||||
| 2 | (23) the portion of a site or facility: | ||||||
| 3 | (A) that is used exclusively for the transfer of | ||||||
| 4 | commingled landscape waste and food scrap held at the | ||||||
| 5 | site or facility for no longer than 24 hours after | ||||||
| 6 | their receipt; | ||||||
| 7 | (B) that is located entirely within a home rule | ||||||
| 8 | unit having a population of (i) not less than 100,000 | ||||||
| 9 | and not more than 115,000 according to the 2010 federal | ||||||
| 10 | census, (ii) not less than 5,000 and not more than | ||||||
| 11 | 10,000 according to the 2010 federal census, or (iii) | ||||||
| 12 | not less than 25,000 and not more than 30,000 according | ||||||
| 13 | to the 2010 federal census or that is located in the | ||||||
| 14 | unincorporated area of a county having a population of | ||||||
| 15 | not less than 700,000 and not more than 705,000 | ||||||
| 16 | according to the 2010 federal census; | ||||||
| 17 | (C) that is permitted, by the Agency, prior to | ||||||
| 18 | January 1, 2002, for the transfer of landscape waste if | ||||||
| 19 | located in a home rule unit or that is permitted prior | ||||||
| 20 | to January 1, 2008 if located in an unincorporated area | ||||||
| 21 | of a county; and | ||||||
| 22 | (D) for which a permit application is submitted to | ||||||
| 23 | the Agency to modify an existing permit for the | ||||||
| 24 | transfer of landscape waste to also include, on a | ||||||
| 25 | demonstration basis not to exceed 24 months each time a | ||||||
| 26 | permit is issued, the transfer of commingled landscape | ||||||
| |||||||
| |||||||
| 1 | waste and food scrap or for which a permit application | ||||||
| 2 | is submitted to the Agency within 6 months of the | ||||||
| 3 | effective date of this amendatory Act of the 100th | ||||||
| 4 | General Assembly; and | ||||||
| 5 | (24) the portion of a municipal solid waste landfill | ||||||
| 6 | unit: | ||||||
| 7 | (A) that is located in a county having a population | ||||||
| 8 | of not less than 55,000 and not more than 60,000 | ||||||
| 9 | according to the 2010 federal census; | ||||||
| 10 | (B) that is owned by that county; | ||||||
| 11 | (C) that is permitted, by the Agency, prior to July | ||||||
| 12 | 10, 2015 (the effective date of Public Act 99-12); and | ||||||
| 13 | (D) for which a permit application is submitted to | ||||||
| 14 | the Agency within 6 months after July 10, 2015 (the | ||||||
| 15 | effective date of Public Act 99-12) for the disposal of | ||||||
| 16 | non-hazardous special waste; and . | ||||||
| 17 | (25) the portion of a site or facility that receives, | ||||||
| 18 | separates, stores, and converts post-use polymers and | ||||||
| 19 | nonrecycled feedstocks into crude oil, fuels, or other raw | ||||||
| 20 | materials or intermediate or final products or feedstocks | ||||||
| 21 | using a pyrolysis or gasification process and is regulated | ||||||
| 22 | under the State's air, water, and waste regulations | ||||||
| 23 | applicable to manufacturing facilities. | ||||||
| 24 | (b) A new pollution control facility is:
| ||||||
| 25 | (1) a pollution control facility initially permitted | ||||||
| 26 | for development or
construction after July 1, 1981; or
| ||||||
| |||||||
| |||||||
| 1 | (2) the area of expansion beyond the boundary of a | ||||||
| 2 | currently permitted
pollution control facility; or
| ||||||
| 3 | (3) a permitted pollution control facility requesting | ||||||
| 4 | approval to
store, dispose of, transfer or incinerate, for | ||||||
| 5 | the first time, any special
or hazardous waste.
| ||||||
| 6 | (Source: P.A. 99-12, eff. 7-10-15; 99-440, eff. 8-21-15; | ||||||
| 7 | 99-642, eff. 7-28-16; 100-94, eff. 8-11-17.)
| ||||||
| 8 | (415 ILCS 5/3.336 new) | ||||||
| 9 | Sec. 3.336. Post-use polymers. "Post-use polymers" means | ||||||
| 10 | plastic polymers that derive from any household, industrial, | ||||||
| 11 | community, commercial, or other sources of operations or | ||||||
| 12 | activities that might otherwise become a waste if not recycled | ||||||
| 13 | or converted to manufacture crude oil, fuels, or other raw | ||||||
| 14 | materials or intermediate or final products using pyrolysis or | ||||||
| 15 | gasification. "Post-use polymers" may contain incidental | ||||||
| 16 | contaminants or impurities such as paper labels or metal rings. | ||||||
| 17 | "Post-use polymers" are not waste.
| ||||||
| 18 | (415 ILCS 5/3.366 new) | ||||||
| 19 | Sec. 3.366. Pyrolysis. "Pyrolysis" means a manufacturing | ||||||
| 20 | process through which post-use polymers are heated in the | ||||||
| 21 | absence of oxygen until melted, and thermally decomposed, and | ||||||
| 22 | are then cooled, condensed, and converted to: | ||||||
| 23 | (1) crude oil, diesel, gasoline, home heating oil, or | ||||||
| 24 | another fuel; | ||||||
| |||||||
| |||||||
| 1 | (2) feedstocks; | ||||||
| 2 | (3) diesel and gasoline blendstocks; | ||||||
| 3 | (4) chemicals, waxes, or lubricants; or | ||||||
| 4 | (5) other raw materials or intermediate or final | ||||||
| 5 | products. | ||||||
| 6 | "Pyrolysis" is not waste incineration or waste treatment.
| ||||||
| 7 | (415 ILCS 5/3.367 new) | ||||||
| 8 | Sec. 3.367. Pyrolysis facility. "Pyrolysis facility" means | ||||||
| 9 | a manufacturing facility that receives, separates, stores, and | ||||||
| 10 | converts post-use polymers using pyrolysis. A "pyrolysis | ||||||
| 11 | facility" is not a pollution control facility, a solid waste | ||||||
| 12 | treatment facility, or a solid waste incineration facility.
| ||||||
| 13 | (415 ILCS 5/3.535) (was 415 ILCS 5/3.53)
| ||||||
| 14 | Sec. 3.535. Waste.
"Waste" means any garbage, sludge from | ||||||
| 15 | a waste treatment plant,
water supply treatment plant, or air | ||||||
| 16 | pollution control facility or other
discarded material, | ||||||
| 17 | including solid, liquid, semi-solid, or contained
gaseous | ||||||
| 18 | material resulting from industrial, commercial, mining and
| ||||||
| 19 | agricultural operations, and from community activities, but | ||||||
| 20 | does not
include solid or dissolved material in domestic | ||||||
| 21 | sewage, or solid or
dissolved materials in irrigation return | ||||||
| 22 | flows, or coal combustion
by-products as defined in Section | ||||||
| 23 | 3.135, or post-use polymers or nonrecycled feedstocks | ||||||
| 24 | processed through pyrolysis or gasification, or industrial
| ||||||
| |||||||
| |||||||
| 1 | discharges which are point sources subject to permits under | ||||||
| 2 | Section
402 of the Federal Water Pollution Control Act, as now | ||||||
| 3 | or hereafter
amended, or source, special nuclear, or by-product | ||||||
| 4 | materials as
defined by the Atomic Energy Act of 1954, as | ||||||
| 5 | amended (68 Stat. 921)
or any solid or dissolved material from | ||||||
| 6 | any facility subject to
the Federal Surface Mining Control and | ||||||
| 7 | Reclamation Act of 1977 (P.L.
95-87) or the rules and | ||||||
| 8 | regulations thereunder or any law or rule or
regulation adopted | ||||||
| 9 | by the State of Illinois pursuant thereto.
| ||||||
| 10 | (Source: P.A. 92-574, eff. 6-26-02.)
| ||||||
| 11 | (415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)
| ||||||
| 12 | Sec. 9.4. Municipal waste incineration emission standards.
| ||||||
| 13 | (a) The General Assembly finds:
| ||||||
| 14 | (1) That air pollution from municipal waste | ||||||
| 15 | incineration may constitute
a threat to public health, | ||||||
| 16 | welfare and the environment. The amounts and
kinds of | ||||||
| 17 | pollutants depend on the nature of the waste stream, | ||||||
| 18 | operating
conditions of the incinerator, and the | ||||||
| 19 | effectiveness of emission controls.
Under normal operating | ||||||
| 20 | conditions, municipal waste incinerators produce
| ||||||
| 21 | pollutants such as organic compounds, metallic compounds | ||||||
| 22 | and acid gases
which may be a threat to public health, | ||||||
| 23 | welfare and the environment.
| ||||||
| 24 | (2) That a combustion and flue-gas control system, | ||||||
| 25 | which is properly
designed, operated and maintained, can | ||||||
| |||||||
| |||||||
| 1 | substantially reduce the emissions
of organic materials, | ||||||
| 2 | metallic compounds and acid gases from municipal
waste | ||||||
| 3 | incineration.
| ||||||
| 4 | (b) It is the purpose of this Section to insure that | ||||||
| 5 | emissions from new
municipal waste incineration facilities | ||||||
| 6 | which burn a total of 25 tons or
more of municipal waste per | ||||||
| 7 | day are adequately controlled.
| ||||||
| 8 | Such facilities shall be subject to emissions limits and | ||||||
| 9 | operating
standards based upon the application of Best | ||||||
| 10 | Available Control Technology,
as determined by the Agency, for | ||||||
| 11 | emissions of the following categories of
pollutants:
| ||||||
| 12 | (1) particulate matter, sulfur dioxide and nitrogen | ||||||
| 13 | oxides;
| ||||||
| 14 | (2) acid gases;
| ||||||
| 15 | (3) heavy metals; and
| ||||||
| 16 | (4) organic materials.
| ||||||
| 17 | (c) The Agency shall issue permits, pursuant to Section 39, | ||||||
| 18 | to new
municipal waste incineration facilities only if the | ||||||
| 19 | Agency finds that such
facilities are designed, constructed and | ||||||
| 20 | operated so as to comply with the
requirements prescribed by | ||||||
| 21 | this Section.
| ||||||
| 22 | Prior to adoption of Board regulations under subsection (d) | ||||||
| 23 | of this
Section the Agency may issue permits for the | ||||||
| 24 | construction of new municipal
waste incineration facilities. | ||||||
| 25 | The Agency determination of Best Available
Control Technology | ||||||
| 26 | shall be based upon consideration of the specific
pollutants | ||||||
| |||||||
| |||||||
| 1 | named in subsection (d), and emissions of particulate matter,
| ||||||
| 2 | sulfur dioxide and nitrogen oxides.
| ||||||
| 3 | Nothing in this Section shall limit
the applicability of | ||||||
| 4 | any other Sections of this Act, or of other standards
or | ||||||
| 5 | regulations adopted by the Board, to municipal waste | ||||||
| 6 | incineration
facilities. In issuing such permits, the Agency | ||||||
| 7 | may prescribe those
conditions necessary to assure continuing | ||||||
| 8 | compliance with the emission
limits and operating standards | ||||||
| 9 | determined pursuant to subsection (b); such
conditions may | ||||||
| 10 | include the monitoring and reporting of emissions.
| ||||||
| 11 | (d) Within one year after July 1, 1986, the Board shall | ||||||
| 12 | adopt regulations pursuant to Title
VII of this Act, which | ||||||
| 13 | define the terms in items (2), (3) and (4) of subsection
(b) of | ||||||
| 14 | this Section which are to be used by the Agency in making its
| ||||||
| 15 | determination pursuant to this Section. The provisions of | ||||||
| 16 | Section 27(b) of
this Act shall not apply to this rulemaking.
| ||||||
| 17 | Such regulations shall be written so that the categories of | ||||||
| 18 | pollutants
include, but need not be limited to, the following | ||||||
| 19 | specific pollutants:
| ||||||
| 20 | (1) hydrogen chloride in the definition of acid gases;
| ||||||
| 21 | (2) arsenic, cadmium, mercury, chromium, nickel and | ||||||
| 22 | lead in the
definition of heavy metals; and
| ||||||
| 23 | (3) polychlorinated dibenzo-p-dioxins, polychlorinated | ||||||
| 24 | dibenzofurans and
polynuclear aromatic hydrocarbons in the | ||||||
| 25 | definition of organic materials.
| ||||||
| 26 | (e) For the purposes of this Section, the term "Best | ||||||
| |||||||
| |||||||
| 1 | Available Control
Technology" means an emission limitation
| ||||||
| 2 | (including a visible emission standard) based on the maximum | ||||||
| 3 | degree of
pollutant reduction which the Agency, on a | ||||||
| 4 | case-by-case basis, taking into
account energy, environmental | ||||||
| 5 | and economic impacts, determines is
achievable through the | ||||||
| 6 | application of production processes or available
methods, | ||||||
| 7 | systems and techniques, including fuel cleaning or treatment or
| ||||||
| 8 | innovative fuel combustion techniques. If the Agency | ||||||
| 9 | determines that
technological or economic limitations on the | ||||||
| 10 | application of measurement
methodology to a particular class of | ||||||
| 11 | sources would make the imposition of
an emission standard not | ||||||
| 12 | feasible, it may instead prescribe a design,
equipment, work | ||||||
| 13 | practice or operational standard, or combination thereof,
to | ||||||
| 14 | require the application of best available control technology. | ||||||
| 15 | Such standard
shall, to the degree possible, set forth the | ||||||
| 16 | emission reduction achievable by
implementation of such | ||||||
| 17 | design, equipment, work practice or operation and
shall provide | ||||||
| 18 | for compliance by means which achieve equivalent results.
| ||||||
| 19 | (f) "Municipal waste incineration" means the burning of | ||||||
| 20 | municipal waste
or fuel derived therefrom in a combustion | ||||||
| 21 | apparatus designed to burn
municipal waste that may produce | ||||||
| 22 | electricity or steam as a by-product. A
"new municipal waste | ||||||
| 23 | incinerator" is an incinerator initially permitted for
| ||||||
| 24 | development or construction after January 1, 1986. As used in | ||||||
| 25 | this Section, "municipal waste" or "municipal waste or fuel | ||||||
| 26 | derived therefrom" do not include: (i) post-use polymers or | ||||||
| |||||||
| |||||||
| 1 | nonrecycled feedstocks that are converted into crude oil or | ||||||
| 2 | refined into fuels or feedstocks using a pyrolysis or | ||||||
| 3 | gasification process; and (ii) non-hazardous secondary | ||||||
| 4 | material that is excluded from solid waste when used | ||||||
| 5 | legitimately as a fuel or ingredient in a combustion unit in | ||||||
| 6 | accordance with the standards and criteria set forth in 40 CFR | ||||||
| 7 | 241.
| ||||||
| 8 | (g) The provisions of this Section shall not apply to | ||||||
| 9 | industrial
incineration facilities that burn waste generated | ||||||
| 10 | at the same site.
| ||||||
| 11 | (Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
| ||||||
| 12 | (415 ILCS 5/22.16b) (from Ch. 111 1/2, par. 1022.16b)
| ||||||
| 13 | Sec. 22.16b. (a) Beginning January 1, 1991, the Agency | ||||||
| 14 | shall assess and
collect a fee from the owner or operator of | ||||||
| 15 | each new municipal waste
incinerator. The fee shall be | ||||||
| 16 | calculated by applying the rates established
from time to time | ||||||
| 17 | for the disposal of solid waste at sanitary landfills
under | ||||||
| 18 | subdivision (b)(1) of Section 22.15 to the total amount of | ||||||
| 19 | municipal
waste accepted for incineration at the new municipal | ||||||
| 20 | waste incinerator.
The exemptions provided by this Act to the | ||||||
| 21 | fees imposed under subsection
(b) of Section 22.15 shall not | ||||||
| 22 | apply to the fee imposed by this Section.
| ||||||
| 23 | The owner or operator of any new municipal waste | ||||||
| 24 | incinerator permitted
after January 1, 1990, but before July 1, | ||||||
| 25 | 1990 by the Agency for the
development or operation of a new | ||||||
| |||||||
| |||||||
| 1 | municipal waste incinerator shall be exempt
from this fee, but | ||||||
| 2 | shall include the following conditions:
| ||||||
| 3 | (1) The owner or operator shall provide information | ||||||
| 4 | programs to those
communities serviced by the owner or | ||||||
| 5 | operator concerning recycling and
separation of waste not | ||||||
| 6 | suitable for incineration.
| ||||||
| 7 | (2) The owner or operator shall provide information | ||||||
| 8 | programs to those
communities serviced by the owner or | ||||||
| 9 | operator concerning the Agency's
household hazardous waste | ||||||
| 10 | collection program and participation in that program.
| ||||||
| 11 | For the purposes of this Section, "new municipal waste | ||||||
| 12 | incinerator" means
a municipal waste incinerator initially | ||||||
| 13 | permitted for development or
construction on or after January | ||||||
| 14 | 1, 1990. As used in this Section, a "municipal waste | ||||||
| 15 | incinerator" means a municipal waste incineration facility | ||||||
| 16 | under Section 9.4.
| ||||||
| 17 | Amounts collected under this subsection shall be deposited | ||||||
| 18 | into the
Municipal Waste Incinerator Tax Fund, which is hereby | ||||||
| 19 | established as an
interest-bearing special fund in the State | ||||||
| 20 | Treasury. Monies in the Fund
may be used, subject to | ||||||
| 21 | appropriation:
| ||||||
| 22 | (1) by the Department of Commerce and Economic | ||||||
| 23 | Opportunity to fund its
public information programs on
| ||||||
| 24 | recycling in those communities served by new municipal | ||||||
| 25 | waste incinerators; and
| ||||||
| 26 | (2) by the Agency to fund its household hazardous waste | ||||||
| |||||||
| |||||||
| 1 | collection
activities in those communities served by new | ||||||
| 2 | municipal waste incinerators.
| ||||||
| 3 | (b) Any permit issued by the Agency for the development or | ||||||
| 4 | operation of
a new municipal waste incinerator shall include | ||||||
| 5 | the following conditions:
| ||||||
| 6 | (1) The incinerator must be designed to provide | ||||||
| 7 | continuous monitoring
while in operation, with direct | ||||||
| 8 | transmission of the resultant data to the
Agency, until the | ||||||
| 9 | Agency determines the best available control technology
| ||||||
| 10 | for monitoring the data. The Agency shall establish the
| ||||||
| 11 | test methods, procedures and averaging periods, as | ||||||
| 12 | certified by the USEPA
for solid waste incinerator units, | ||||||
| 13 | and the form and frequency of reports
containing results of | ||||||
| 14 | the monitoring. Compliance and enforcement shall be
based | ||||||
| 15 | on such reports. Copies of the results of such
monitoring | ||||||
| 16 | shall be maintained on file at the facility concerned for | ||||||
| 17 | one
year, and copies shall be made available for inspection | ||||||
| 18 | and copying by
interested members of the public during | ||||||
| 19 | business hours.
| ||||||
| 20 | (2) The facility shall comply with the emission limits | ||||||
| 21 | adopted by the
Agency under subsection (c).
| ||||||
| 22 | (3) The operator of the facility shall take reasonable | ||||||
| 23 | measures to
ensure that waste accepted for incineration | ||||||
| 24 | complies with all legal
requirements for incineration. The | ||||||
| 25 | incinerator operator shall establish
contractual | ||||||
| 26 | requirements or other notification and inspection | ||||||
| |||||||
| |||||||
| 1 | procedures
sufficient to assure compliance with this | ||||||
| 2 | subsection (b)(3) which may
include, but not be limited to, | ||||||
| 3 | routine inspections of waste, lists of
acceptable and | ||||||
| 4 | unacceptable waste provided to haulers and notification to | ||||||
| 5 | the
Agency when the facility operator rejects and sends | ||||||
| 6 | loads away. The
notification shall contain at least the | ||||||
| 7 | name of the hauler and the site
from where the load was | ||||||
| 8 | hauled.
| ||||||
| 9 | (4) The operator may not accept for incineration any | ||||||
| 10 | waste generated
or collected in a municipality that has not | ||||||
| 11 | implemented a recycling
plan or is party to an implemented | ||||||
| 12 | county plan, consistent with State goals
and objectives. | ||||||
| 13 | Such plans shall include provisions for collecting,
| ||||||
| 14 | recycling or diverting from landfills and municipal | ||||||
| 15 | incinerators landscape
waste, household hazardous waste | ||||||
| 16 | and batteries. Such provisions may be
performed at the site | ||||||
| 17 | of the new municipal incinerator.
| ||||||
| 18 | The Agency, after careful scrutiny of a permit application | ||||||
| 19 | for the
construction, development or operation of a new | ||||||
| 20 | municipal waste incinerator,
shall deny the permit if (i) the | ||||||
| 21 | Agency finds in the permit application
noncompliance with the | ||||||
| 22 | laws and rules of the State or (ii) the application
indicates | ||||||
| 23 | that the mandated air emissions standards will not be reached | ||||||
| 24 | within
six months of the proposed municipal waste incinerator | ||||||
| 25 | beginning operation.
| ||||||
| 26 | (c) The Agency shall adopt specific limitations on the | ||||||
| |||||||
| |||||||
| 1 | emission of
mercury, chromium, cadmium and lead, and good | ||||||
| 2 | combustion practices, including
temperature controls from | ||||||
| 3 | municipal waste incinerators pursuant to Section 9.4
of the | ||||||
| 4 | Act.
| ||||||
| 5 | (d) The Agency shall establish household hazardous waste | ||||||
| 6 | collection
centers in appropriate places in this State. The | ||||||
| 7 | Agency may operate and
maintain the centers itself or may | ||||||
| 8 | contract with other parties for that
purpose. The Agency shall | ||||||
| 9 | ensure that the wastes collected are properly
disposed of. The | ||||||
| 10 | collection centers may charge fees for their services,
not to | ||||||
| 11 | exceed the costs incurred. Such collection centers shall not | ||||||
| 12 | (i) be
regulated as hazardous waste facilities under RCRA nor | ||||||
| 13 | (ii) be subject to
local siting approval under Section 39.2 if | ||||||
| 14 | the local governing authority
agrees to waive local siting | ||||||
| 15 | approval procedures.
| ||||||
| 16 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
| 17 | Section 99. Effective date. This Act takes effect upon | ||||||
| 18 | becoming law.".
| ||||||
