Bill Text: IL HB4040 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB4040 Detail]
Download: Illinois-2013-HB4040-Amended.html
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1 | AMENDMENT TO HOUSE BILL 4040
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2 | AMENDMENT NO. ______. Amend House Bill 4040 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Section 3.330 as follows:
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6 | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
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7 | Sec. 3.330. Pollution control facility.
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8 | (a) "Pollution control facility" is any waste storage site, | ||||||
9 | sanitary
landfill, waste disposal site, waste transfer | ||||||
10 | station, waste treatment
facility, or waste incinerator. This | ||||||
11 | includes sewers, sewage treatment
plants, and any other | ||||||
12 | facilities owned or operated by sanitary districts
organized | ||||||
13 | under the Metropolitan Water Reclamation District Act.
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14 | The following are not pollution control facilities:
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15 | (1) (blank);
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16 | (2) waste storage sites regulated under 40 CFR, Part |
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1 | 761.42;
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2 | (3) sites or facilities used by any person conducting a | ||||||
3 | waste storage,
waste treatment, waste disposal, waste | ||||||
4 | transfer or waste incineration
operation, or a combination | ||||||
5 | thereof, for wastes generated by such person's
own | ||||||
6 | activities, when such wastes are stored, treated, disposed | ||||||
7 | of,
transferred or incinerated within the site or facility | ||||||
8 | owned, controlled or
operated by such person, or when such | ||||||
9 | wastes are transported within or
between sites or | ||||||
10 | facilities owned, controlled or operated by such person;
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11 | (4) sites or facilities at which the State is | ||||||
12 | performing removal or
remedial action pursuant to Section | ||||||
13 | 22.2 or 55.3;
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14 | (5) abandoned quarries used solely for the disposal of | ||||||
15 | concrete, earth
materials, gravel, or aggregate debris | ||||||
16 | resulting from road construction
activities conducted by a | ||||||
17 | unit of government or construction activities due
to the | ||||||
18 | construction and installation of underground pipes, lines, | ||||||
19 | conduit
or wires off of the premises of a public utility | ||||||
20 | company which are
conducted by a public utility;
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21 | (6) sites or facilities used by any person to | ||||||
22 | specifically conduct a
landscape composting operation;
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23 | (7) regional facilities as defined in the Central | ||||||
24 | Midwest Interstate
Low-Level Radioactive Waste Compact;
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25 | (8) the portion of a site or facility where coal | ||||||
26 | combustion wastes are
stored or disposed of in accordance |
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1 | with subdivision (r)(2) or (r)(3) of
Section 21;
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2 | (9) the portion of a site or facility used for the | ||||||
3 | collection,
storage or processing of waste tires as defined | ||||||
4 | in Title XIV;
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5 | (10) the portion of a site or facility used for | ||||||
6 | treatment of
petroleum contaminated materials by | ||||||
7 | application onto or incorporation into
the soil surface and | ||||||
8 | any portion of that site or facility used for storage
of | ||||||
9 | petroleum contaminated materials before treatment. Only | ||||||
10 | those categories
of petroleum listed in Section
57.9(a)(3) | ||||||
11 | are exempt under this subdivision (10);
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12 | (11) the portion of a site or facility where used oil | ||||||
13 | is collected or
stored prior to shipment to a recycling or | ||||||
14 | energy recovery facility, provided
that the used oil is | ||||||
15 | generated by households or commercial establishments, and
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16 | the site or facility is a recycling center or a business | ||||||
17 | where oil or gasoline
is sold at retail; | ||||||
18 | (11.5) processing sites or facilities that receive | ||||||
19 | only on-specification used oil, as defined in 35 Ill. | ||||||
20 | Admin. Code 739, originating from used oil collectors for | ||||||
21 | processing that is managed under 35 Ill. Admin. Code 739 to | ||||||
22 | produce products for sale to off-site petroleum | ||||||
23 | facilities, if these processing sites or facilities are: | ||||||
24 | (i) located within a home rule unit of local government | ||||||
25 | with a population of at least 30,000 according to the 2000 | ||||||
26 | federal census, that home rule unit of local government has |
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1 | been designated as an Urban Round II Empowerment Zone by | ||||||
2 | the United States Department of Housing and Urban | ||||||
3 | Development, and that home rule unit of local government | ||||||
4 | has enacted an ordinance approving the location of the site | ||||||
5 | or facility and provided funding for the site or facility; | ||||||
6 | and (ii) in compliance with all applicable zoning | ||||||
7 | requirements;
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8 | (12) the portion of a site or facility utilizing coal | ||||||
9 | combustion waste
for stabilization and treatment of only | ||||||
10 | waste generated on that site or
facility when used in | ||||||
11 | connection with response actions pursuant to the federal
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12 | Comprehensive Environmental Response, Compensation, and | ||||||
13 | Liability Act of 1980,
the federal Resource Conservation | ||||||
14 | and Recovery Act of 1976, or the Illinois
Environmental | ||||||
15 | Protection Act or as authorized by the Agency;
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16 | (13) the portion of a site or facility that (i) accepts | ||||||
17 | exclusively general
construction or demolition debris, | ||||||
18 | (ii) is located in a county with a population over
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19 | 3,000,000 as of January 1, 2000 or in a county that is | ||||||
20 | contiguous to such a county, and (iii) is operated and | ||||||
21 | located in accordance with Section 22.38 of 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 |
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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;
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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;
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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;
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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 |
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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;
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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 |
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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. |
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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. |
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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 |
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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 | ||||||
7 | of the home rule unit, as the hydrocarbon feedstock | ||||||
8 | for the production of synthetic gas in accordance | ||||||
9 | with Section 39.9 of this Act; | ||||||
10 | (ii) the portion of the site or facility is in | ||||||
11 | compliance with all applicable zoning | ||||||
12 | requirements; and | ||||||
13 | (iii) a complete application for a | ||||||
14 | demonstration permit at the portion of the site or | ||||||
15 | facility has been submitted to the Agency in | ||||||
16 | accordance with Section 39.9 of this Act within one | ||||||
17 | year after July 27, 2010 (the effective date of | ||||||
18 | Public Act 96-1314); | ||||||
19 | (21) the portion of a site or facility used to perform | ||||||
20 | limited testing of a gasification conversion technology in | ||||||
21 | accordance with Section 39.8 of this Act and for which a | ||||||
22 | complete permit application has been submitted to the | ||||||
23 | Agency prior to one year from April 9, 2010 (the effective | ||||||
24 | date of Public Act 96-887);
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25 | (22) the portion of a site or facility that is used to | ||||||
26 | incinerate only pharmaceuticals from residential sources |
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1 | that are collected and transported by law enforcement | ||||||
2 | agencies under Section 17.9A of this Act; and | ||||||
3 | (23) until July 1, 2017, the portion of a site or | ||||||
4 | facility: | ||||||
5 | (A) that is used exclusively for the transfer of | ||||||
6 | commingled landscape waste and food scrap held at the | ||||||
7 | site or facility for no longer than 24 hours after | ||||||
8 | their receipt; | ||||||
9 | (B) that is located entirely within a home rule | ||||||
10 | unit having a population of either (i) not less than | ||||||
11 | 100,000 and not more than 115,000 according to the 2010 | ||||||
12 | federal census or (ii) not less than 5,000 and not more | ||||||
13 | than 10,000 according to the 2010 federal census; | ||||||
14 | (C) that is permitted, by the Agency, prior to | ||||||
15 | January 1, 2002, for the transfer of landscape waste; | ||||||
16 | and | ||||||
17 | (D) for which a permit application is submitted to | ||||||
18 | the Agency within 6 months after January 1, 2014 ( the | ||||||
19 | effective date of Public Act 98-146) this amendatory | ||||||
20 | Act of the 98th General Assembly to modify an existing | ||||||
21 | permit for the transfer of landscape waste to also | ||||||
22 | include, on a demonstration basis not to exceed 18 | ||||||
23 | months, the transfer of commingled landscape waste and | ||||||
24 | food scrap ; and . | ||||||
25 | (24) the portion of a site or facility where food | ||||||
26 | processing wastewater is used as a raw material or |
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1 | feedstock in the production of ethanol. | ||||||
2 | (b) A new pollution control facility is:
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3 | (1) a pollution control facility initially permitted | ||||||
4 | for development or
construction after July 1, 1981; or
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5 | (2) the area of expansion beyond the boundary of a | ||||||
6 | currently permitted
pollution control facility; or
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7 | (3) a permitted pollution control facility requesting | ||||||
8 | approval to
store, dispose of, transfer or incinerate, for | ||||||
9 | the first time, any special
or hazardous waste.
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10 | (Source: P.A. 97-333, eff. 8-12-11; 97-545, eff. 1-1-12; | ||||||
11 | 98-146, eff. 1-1-14; 98-239, eff. 8-9-13; revised 9-19-13.)
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
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