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| Public Act 098-0239
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| HB2335 Enrolled | LRB098 08691 JDS 38813 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 Sections 3.330, 21, 22.33, and 22.34 as follows:
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(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
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Sec. 3.330. Pollution control facility.
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(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.
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The following are not pollution control facilities:
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(1) (blank);
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(2) waste storage sites regulated under 40 CFR, Part |
761.42;
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(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 |
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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;
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(4) sites or facilities at which the State is |
performing removal or
remedial action pursuant to Section |
22.2 or 55.3;
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(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;
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(6) sites or facilities used by any person to |
specifically conduct a
landscape composting operation;
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(7) regional facilities as defined in the Central |
Midwest Interstate
Low-Level Radioactive Waste Compact;
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(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;
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(9) the portion of a site or facility used for the |
collection,
storage or processing of waste tires as defined |
in Title XIV;
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(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 |
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any portion of that site or facility used for storage
of |
petroleum contaminated materials before treatment. Only |
those categories
of petroleum listed in Section
57.9(a)(3) |
are exempt under this subdivision (10);
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(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
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the site or facility is a recycling center or a business |
where oil or gasoline
is sold at retail; |
(11.5) processing sites or facilities that receive |
only on-specification used oil, as defined in 35 Ill. |
Admin. Code 739, originating from used oil collectors for |
processing that is managed under 35 Ill. Admin. Code 739 to |
produce products for sale to off-site petroleum |
facilities, if these processing sites or facilities are: |
(i) located within a home rule unit of local government |
with a population of at least 30,000 according to the 2000 |
federal census, that home rule unit of local government has |
been designated as an Urban Round II Empowerment Zone by |
the United States Department of Housing and Urban |
Development, and that home rule unit of local government |
has enacted an ordinance approving the location of the site |
or facility and provided funding for the site or facility; |
and (ii) in compliance with all applicable zoning |
requirements;
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(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
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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;
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(13) the portion of a site or facility that (i) accepts |
exclusively general
construction or demolition debris, |
(ii) is located in a county with a population over
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3,000,000 as of January 1, 2000 or in a county that is |
contiguous to such a county, and (iii) is operated and |
located in accordance with Section 22.38 of this Act; |
(14) the portion of a site or facility, located within |
a unit of local government that has enacted local zoning |
requirements, used to accept, separate, and process |
uncontaminated broken concrete, with or without protruding |
metal bars, provided that the uncontaminated broken |
concrete and metal bars are not speculatively accumulated, |
are at the site or facility no longer than one year after |
their acceptance, and are returned to the economic |
mainstream in the form of raw materials or products;
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(15) the portion of a site or facility located in a |
county with a population over 3,000,000 that has obtained |
local siting approval under Section 39.2 of this Act for a |
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municipal waste incinerator on or before July 1, 2005 and |
that is used for a non-hazardous waste transfer station;
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(16) a site or facility that temporarily holds in |
transit for 10 days or less, non-putrescible solid waste in |
original containers, no larger in capacity than 500 |
gallons, provided that such waste is further transferred to |
a recycling, disposal, treatment, or storage facility on a |
non-contiguous site and provided such site or facility |
complies with the applicable 10-day transfer requirements |
of the federal Resource Conservation and Recovery Act of |
1976 and United States Department of Transportation |
hazardous material requirements. For purposes of this |
Section only, "non-putrescible solid waste" means waste |
other than municipal garbage that does not rot or become |
putrid, including, but not limited to, paints, solvent, |
filters, and absorbents;
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(17)
the portion of a site or facility located in a |
county with a population greater than 3,000,000 that has |
obtained local siting approval, under Section 39.2 of this |
Act, for a municipal waste incinerator on or before July 1, |
2005 and that is used for wood combustion facilities for |
energy recovery that accept and burn only wood material, as |
included in a fuel specification approved by the Agency;
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(18)
a transfer station used exclusively for landscape |
waste, including a transfer station where landscape waste |
is ground to reduce its volume, where the landscape waste |
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is held no longer than 24 hours from the time it was |
received; |
(19) the portion of a site or facility that (i) is used |
for the composting of food scrap, livestock waste, crop |
residue, uncontaminated wood waste, or paper waste, |
including, but not limited to, corrugated paper or |
cardboard, and (ii) meets all of the following |
requirements: |
(A) There must not be more than a total of 30,000 |
cubic yards of livestock waste in raw form or in the |
process of being composted at the site or facility at |
any one time. |
(B) All food scrap, livestock waste, crop residue, |
uncontaminated wood waste, and paper waste must, by the |
end of each operating day, be processed and placed into |
an enclosed vessel in which air flow and temperature |
are controlled, or all of the following additional |
requirements must be met: |
(i) The portion of the site or facility used |
for the composting operation must include a |
setback of at least 200 feet from the nearest |
potable water supply well. |
(ii) The portion of the site or facility used |
for the composting operation must be located |
outside the boundary of the 10-year floodplain or |
floodproofed. |
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(iii) Except in municipalities with more than |
1,000,000 inhabitants, the The portion of the site |
or facility used for the composting operation must |
be located at least one-eighth of a mile from the |
nearest residence, other than a residence located |
on the same property as the site or facility. |
(iv) The portion of the site or facility used |
for the composting operation must be located at |
least one-eighth of a mile from the property line |
of all of the following areas: |
(I) Facilities that primarily serve to |
house or treat people that are |
immunocompromised or immunosuppressed, such as |
cancer or AIDS patients; people with asthma, |
cystic fibrosis, or bioaerosol allergies; or |
children under the age of one year. |
(II) Primary and secondary schools and |
adjacent areas that the schools use for |
recreation. |
(III) Any facility for child care licensed |
under Section 3 of the Child Care Act of 1969; |
preschools; and adjacent areas that the |
facilities or preschools use for recreation. |
(v) By the end of each operating day, all food |
scrap, livestock waste, crop residue, |
uncontaminated wood waste, and paper waste must be |
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(i) processed into windrows or other piles and (ii) |
covered in a manner that prevents scavenging by |
birds and animals and that prevents other |
nuisances. |
(C) Food scrap, livestock waste, crop residue, |
uncontaminated wood waste, paper waste, and compost |
must not be placed within 5 feet of the water table. |
(D) The site or facility must meet all of the |
requirements of the Wild and Scenic Rivers Act (16 |
U.S.C. 1271 et seq.). |
(E) The site or facility must not (i) restrict the |
flow of a 100-year flood, (ii) result in washout of |
food scrap, livestock waste, crop residue, |
uncontaminated wood waste, or paper waste from a |
100-year flood, or (iii) reduce the temporary water |
storage capacity of the 100-year floodplain, unless |
measures are undertaken to provide alternative storage |
capacity, such as by providing lagoons, holding tanks, |
or drainage around structures at the facility. |
(F) The site or facility must not be located in any |
area where it may pose a threat of harm or destruction |
to the features for which: |
(i) an irreplaceable historic or |
archaeological site has been listed under the |
National Historic Preservation Act (16 U.S.C. 470 |
et seq.) or the Illinois Historic Preservation |
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Act; |
(ii) a natural landmark has been designated by |
the National Park Service or the Illinois State |
Historic Preservation Office; or |
(iii) a natural area has been designated as a |
Dedicated Illinois Nature Preserve under the |
Illinois Natural Areas Preservation Act. |
(G) The site or facility must not be located in an |
area where it may jeopardize the continued existence of |
any designated endangered species, result in the |
destruction or adverse modification of the critical |
habitat for such species, or cause or contribute to the |
taking of any endangered or threatened species of |
plant, fish, or wildlife listed under the Endangered |
Species Act (16 U.S.C. 1531 et seq.) or the Illinois |
Endangered Species Protection Act; |
(20) the portion of a site or facility that is located |
entirely within a home rule unit having a population of no |
less than 120,000 and no more than 135,000, according to |
the 2000 federal census, and that meets all of the |
following requirements: |
(i) the portion of the site or facility is used |
exclusively to perform testing of a thermochemical |
conversion technology using only woody biomass, |
collected as landscape waste within the boundaries |
of the home rule unit, as the hydrocarbon feedstock |
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for the production of synthetic gas in accordance |
with Section 39.9 of this Act; |
(ii) the portion of the site or facility is in |
compliance with all applicable zoning |
requirements; and |
(iii) a complete application for a |
demonstration permit at the portion of the site or |
facility has been submitted to the Agency in |
accordance with Section 39.9 of this Act within one |
year after July 27, 2010 (the effective date of |
Public Act 96-1314); |
(21) the portion of a site or facility used to perform |
limited testing of a gasification conversion technology in |
accordance with Section 39.8 of this Act and for which a |
complete permit application has been submitted to the |
Agency prior to one year from April 9, 2010 (the effective |
date of Public Act 96-887); and
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(22) the portion of a site or facility that is used to |
incinerate only pharmaceuticals from residential sources |
that are collected and transported by law enforcement |
agencies under Section 17.9A of this Act. |
(b) A new pollution control facility is:
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(1) a pollution control facility initially permitted |
for development or
construction after July 1, 1981; or
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(2) the area of expansion beyond the boundary of a |
currently permitted
pollution control facility; or
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(3) a permitted pollution control facility requesting |
approval to
store, dispose of, transfer or incinerate, for |
the first time, any special
or hazardous waste.
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(Source: P.A. 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; |
96-887, eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff. |
7-16-10; 96-1314, eff. 7-27-10; 97-333, eff. 8-12-11; 97-545, |
eff. 1-1-12.)
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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,
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
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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 |
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 the effective date of this amendatory Act of the 96th |
General Assembly;
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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) 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
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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, |
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 |
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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 |
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 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
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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 |
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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 |
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 |
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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 |
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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 |
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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
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(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 |
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 |
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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 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) 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 |
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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
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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 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
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(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 |
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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
|
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
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.
|
(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.
|
(v) (Blank).
|
(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) or a |
municipal utility, (3) the Illinois Department of
|
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
|
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.
|
|
(Source: P.A. 96-611, eff. 8-24-09; 97-220, eff. 7-28-11.)
|
(415 ILCS 5/22.33)
|
Sec. 22.33. Compost quality standards.
|
(a) By January 1, 1994, the Agency shall develop and make |
recommendations
to the Board concerning (i) performance |
standards for landscape waste compost
facilities and (ii) |
testing procedures and standards for the end-product
compost |
produced by landscape waste compost facilities.
|
Performance standards for landscape waste compost |
facilities shall at a
minimum include:
|
(1) the management of odor;
|
(2) the management of surface water;
|
(3) contingency planning for handling end-product |
compost material
that does not meet requirements of |
subsection (b);
|
(4) plans for intended purposes of end-use product; and
|
(5) a financial assurance plan necessary to restore the |
site as
specified in Agency permit.
|
(b) By December 1, 1997, the Board shall adopt:
|
(1) performance standards for landscape waste compost |
facilities; and
|
(2) testing procedures and standards for the |
end-product compost
produced by landscape waste compost |
facilities.
|
The Board shall evaluate the merits of different standards |
|
for
end-product compost applications.
|
(c) On-site composting that is used solely for the purpose |
of composting
landscape waste generated on-site and that will |
not be offered for off-site
sale or use is exempt from any |
standards promulgated under subsections (a) and
(b). |
Subsection (b)(2) shall not apply to end-product compost used |
as daily
cover or vegetative amendment in the final layer. |
Subsection (b) applies to
any end-product compost offered for |
sale or use in Illinois.
|
(d) Standards adopted under this Section do not apply to |
compost operations exempt from permitting under paragraph |
(1.5) of subsection (q) of Section 21 of this Act. |
(Source: P.A. 92-574, eff. 6-26-02.)
|
(415 ILCS 5/22.34)
|
Sec. 22.34. Organic waste compost quality standards.
|
(a) The Agency may develop and make recommendations to
the |
Board concerning (i) performance standards for organic waste |
compost
facilities and (ii) testing procedures and standards |
for the end-product
compost produced by organic waste compost |
facilities.
|
The Agency, in cooperation with the Department, shall |
appoint a Technical
Advisory Committee for the purpose of |
developing these recommendations.
Among other things, the |
Committee shall evaluate environmental and
safety |
considerations, compliance costs, and regulations adopted in |
|
other
states and countries. The Committee shall have balanced
|
representation and shall include members representing |
academia, the composting
industry, the Department of |
Agriculture, the landscaping industry,
environmental |
organizations, municipalities, and counties.
|
Performance standards for organic waste compost facilities |
may include, but are not limited to:
|
(1) the management of potential exposures for human |
disease vectors and
odor;
|
(2) the management of surface water;
|
(3) contingency planning for handling end-product |
compost material that
does not meet end-product compost |
standards adopted by the Board;
|
(4) plans for intended purposes of end-use product; and
|
(5) a financial assurance plan necessary to restore the |
site as specified
in Agency permit. The financial assurance |
plan may include, but is not limited to, posting with the |
Agency a performance bond or other security for the purpose |
of ensuring site restoration.
|
(b) No later than one year after the Agency makes |
recommendations to the Board under subsection (a) of this |
Section, the Board shall adopt, as applicable:
|
(1) performance standards for organic waste compost |
facilities; and
|
(2) testing procedures and standards for the |
end-product compost
produced by organic waste compost |
|
facilities.
|
The Board shall evaluate the merits of different standards |
for
end-product compost applications.
|
(c) On-site residential composting that is used solely for |
the purpose of
composting organic waste generated on-site and |
that will not be offered for
off-site sale or use is exempt |
from any standards promulgated under subsections
(a) and (b). |
Subsection (b)(2) shall not apply to end-product compost used |
as
daily cover or vegetative amendment in the final layer. |
Subsection (b)
applies to any end-product compost offered for |
sale or use in Illinois.
|
(d) For the purposes of this Section, "organic waste" means |
food scrap,
landscape waste, wood waste, livestock waste, crop |
residue, paper waste, or other non-hazardous carbonaceous |
waste that is
collected and processed separately from the rest |
of the municipal waste stream.
|
(e) Except as otherwise provided in Board rules, solid |
waste permits for organic waste composting facilities shall be |
issued under the Board's Solid Waste rules at 35 Ill. Adm. Code |
807. The permits must include, but shall not be limited to, |
measures designed to reduce pathogens in the compost. |
(f) Standards adopted under this Section do not apply to |
compost operations exempt from permitting under paragraph |
(1.5) of subsection (q) of Section 21 of this Act. |
(Source: P.A. 96-418, eff. 1-1-10.)
|
Section 99. Effective date. This Act takes effect upon |
