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| | HB1837 Enrolled | | LRB103 28087 CPF 54466 b |
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1 | | AN ACT concerning safety.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Environmental Protection Act is amended by |
5 | | changing Section 9 as follows:
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6 | | (415 ILCS 5/9) (from Ch. 111 1/2, par. 1009) |
7 | | Sec. 9. Acts prohibited. No person shall: |
8 | | (a) Cause or threaten or allow the discharge or emission |
9 | | of any contaminant into the environment in any State so as to |
10 | | cause or tend to cause air pollution in Illinois, either alone |
11 | | or in combination with contaminants from other sources, or so |
12 | | as to violate regulations or standards adopted by the Board |
13 | | under this Act. |
14 | | (b) Construct, install, or operate any equipment, |
15 | | facility, vehicle, vessel, or aircraft capable of causing or |
16 | | contributing to air pollution or designed to prevent air |
17 | | pollution, of any type designated by Board regulations, (1) |
18 | | without a permit granted by the Agency unless otherwise exempt |
19 | | by this Act or Board regulations or (2) in violation of any |
20 | | conditions imposed by such permit. |
21 | | (c) Cause or allow the open burning of refuse, conduct any |
22 | | salvage operation by open burning, or cause or allow the |
23 | | burning of any refuse in any chamber not specifically designed |
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1 | | for the purpose and approved by the Agency pursuant to |
2 | | regulations adopted by the Board under this Act; except that |
3 | | the Board may adopt regulations permitting open burning of |
4 | | refuse in certain cases upon a finding that no harm will result |
5 | | from such burning, or that any alternative method of disposing |
6 | | of such refuse would create a safety hazard so extreme as to |
7 | | justify the pollution that would result from such burning. |
8 | | (d) Sell, offer, or use any fuel or other article in any |
9 | | areas in which the Board may by regulation forbid its sale, |
10 | | offer, or use for reasons of air-pollution control. |
11 | | (e) Use, cause or allow the spraying of loose asbestos for |
12 | | the purpose of fireproofing or insulating any building or |
13 | | building material or other constructions, or otherwise use |
14 | | asbestos in such unconfined manner as to permit asbestos |
15 | | fibers or particles to pollute the air. |
16 | | (f) Commencing July 1, 1985, sell any used oil for burning |
17 | | or incineration in any incinerator, boiler, furnace, burner or |
18 | | other equipment unless such oil meets standards based on |
19 | | virgin fuel oil or re-refined oil, as defined in ASTM D-396 or |
20 | | specifications under VV-F-815C promulgated pursuant to the |
21 | | federal Energy Policy and Conservation Act, and meets the |
22 | | manufacturer's and current NFDA code standards for which such |
23 | | incinerator, boiler, furnace, burner or other equipment was |
24 | | approved, except that this prohibition does not apply to a |
25 | | sale to a permitted used oil re-refining or reprocessing |
26 | | facility or sale to a facility permitted by the Agency to burn |
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1 | | or incinerate such oil. |
2 | | Nothing herein shall limit the effect of any section of |
3 | | this Title with respect to any form of asbestos, or the |
4 | | spraying of any form of asbestos, or limit the power of the |
5 | | Board under this Title to adopt additional and further |
6 | | regulations with respect to any form of asbestos, or the |
7 | | spraying of any form of asbestos. |
8 | | This Section shall not limit the burning of landscape |
9 | | waste upon the premises where it is produced or at sites |
10 | | provided and supervised by any unit of local government, |
11 | | except within any county having a population of more than |
12 | | 400,000. Nothing in this Section shall prohibit the burning of |
13 | | landscape waste for agricultural purposes, habitat management |
14 | | (including but not limited to forest and prairie reclamation), |
15 | | or firefighter training. For the purposes of this Act, the |
16 | | burning of landscape waste by production nurseries shall be |
17 | | considered to be burning for agricultural purposes. |
18 | | Nothing in this Section shall prohibit the burning of |
19 | | landscape waste by a person engaged in the business of tree |
20 | | removal, at the person's registered place of business, |
21 | | provided that the burning activity (i) is located in a county |
22 | | with a population of 50,000 or less, (ii) is more than 1,000 |
23 | | feet from the nearest residence, (iii) is not located in an |
24 | | area with a PM2.5 design value greater than 9 micrograms per |
25 | | cubic meter, (iv) is not located in an area of environmental |
26 | | justice concern, as determined by the Agency's EJ Start tool, |