Bill Text: IL HB3095 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: Amends the Environmental Protection Act. Requires the Pollution Control Board to adopt rules for the placement of limestone residual materials generated from the treatment of drinking water by a municipal utility in an underground limestone mine located in whole or in part within the municipality that operates the municipal utility. Requires the rules to be consistent with the Board's Underground Injection Control regulations for Class V wells, provided that the rules shall allow for the limestone residual materials to be delivered to and placed in the mine by means other than an injection well. Provides that rules adopted under the provision shall be adopted in accordance with the provisions and requirements of Title VII of the Act and the procedures for rulemaking in the Illinois Administrative Procedure Act, provided that a municipality proposing rules is not required to include in its proposal a petition signed by at least 200 persons. Provides that rules adopted under the provision shall not be considered a part of the State Underground Injection Control program established under the Act. Makes a conforming change.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0333 [HB3095 Detail]
Download: Illinois-2023-HB3095-Chaptered.html
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Public Act 103-0333 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by | ||||
changing Section 3.330 and by adding Section 22.63 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 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 | ||||
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 any portion of that site or facility used for storage
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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. Adm. | ||
Code 739, originating from used oil collectors for | ||
processing that is managed under 35 Ill. Adm. 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 regulated under | ||
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 | ||
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 | ||
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. | ||
(iii) Except in municipalities with more than | ||
1,000,000 inhabitants, 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 | ||
(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 | ||
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 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);
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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; | ||
(23) the portion of a site or facility: | ||
(A) that is used exclusively for the transfer of | ||
commingled landscape waste and food scrap held at the | ||
site or facility for no longer than 24 hours after | ||
their receipt; | ||
(B) that is located entirely within a home rule | ||
unit having a population of (i) not less than 100,000 | ||
and not more than 115,000 according to the 2010 | ||
federal census, (ii) not less than 5,000 and not more | ||
than 10,000 according to the 2010 federal census, or |
(iii) not less than 25,000 and not more than 30,000 | ||
according to the 2010 federal census or that is | ||
located in the unincorporated area of a county having | ||
a population of not less than 700,000 and not more than | ||
705,000 according to the 2010 federal census; | ||
(C) that is permitted, by the Agency, prior to | ||
January 1, 2002, for the transfer of landscape waste | ||
if located in a home rule unit or that is permitted | ||
prior to January 1, 2008 if located in an | ||
unincorporated area of a county; and | ||
(D) for which a permit application is submitted to | ||
the Agency to modify an existing permit for the | ||
transfer of landscape waste to also include, on a | ||
demonstration basis not to exceed 24 months each time | ||
a permit is issued, the transfer of commingled | ||
landscape waste and food scrap or for which a permit | ||
application is submitted to the Agency within 6 months | ||
of August 11, 2017 (the effective date of Public Act | ||
100-94); | ||
(24) the portion of a municipal solid waste landfill | ||
unit: | ||
(A) that is located in a county having a | ||
population of not less than 55,000 and not more than | ||
60,000 according to the 2010 federal census; | ||
(B) that is owned by that county; | ||
(C) that is permitted, by the Agency, prior to |
July 10, 2015 (the effective date of Public Act | ||
99-12); and | ||
(D) for which a permit application is submitted to | ||
the Agency within 6 months after July 10, 2015 (the | ||
effective date of Public Act 99-12) for the disposal | ||
of non-hazardous special waste; and | ||
(25) the portion of a site or facility used during a | ||
mass animal mortality event, as defined in the Animal | ||
Mortality Act, where such waste is collected, stored, | ||
processed, disposed, or incinerated under a mass animal | ||
mortality event plan issued by the Department of | ||
Agriculture ; and . | ||
(26) the portion of a mine used for the placement of | ||
limestone residual materials generated from the treatment | ||
of drinking water by a municipal utility in accordance | ||
with rules adopted under Section 22.63. | ||
(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. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21; | ||
102-813, eff. 5-13-22.)
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(415 ILCS 5/22.63 new) | ||
Sec. 22.63. Rules for placement of limestone residual | ||
materials. The Board shall adopt rules for the placement of | ||
limestone residual materials generated from the treatment of | ||
drinking water by a municipal utility in an underground | ||
limestone mine located in whole or in part within the | ||
municipality that operates the municipal utility. The rules | ||
shall be consistent with the Board's Underground Injection | ||
Control regulations for Class V wells, provided that the rules | ||
shall allow for the limestone residual materials to be | ||
delivered to and placed in the mine by means other than an | ||
injection well. Rules adopted pursuant to this Section shall | ||
be adopted in accordance with the provisions and requirements | ||
of Title VII of this Act and the procedures for rulemaking in | ||
Section 5-35 of the Illinois Administrative Procedure Act, | ||
provided that a municipality proposing rules pursuant to this | ||
Section is not required to include in its proposal a petition | ||
signed by at least 200 persons as required under subsection | ||
(a) of Section 28. Rules adopted pursuant to this Section | ||
shall not be considered a part of the State Underground | ||
Injection Control program established under this Act. | ||
As used in this Section, "limestone residual material" | ||
means limestone residual generated from the treatment of | ||
drinking water at a publicly-owned drinking water treatment | ||
plant.
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