Bill Text: IL HB5198 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Environmental Protection Act. Provides that the portion of a site or facility that receives, separates, stores, and converts post-use polymers into crude oil, fuels, or other raw materials or intermediate or final products or feedstocks using a pyrolysis or gasification process and is regulated under the State's air, water, and waste regulations applicable to manufacturing facilities is not a pollution control facility under the Act. Provides that the definition of "waste" does not include post-use polymers or nonrecycled feedstocks processed through pyrolysis or gasification. Makes changes to the definition for "municipal waste incineration" in provisions concerning municipal waste incineration emission standards. Defines terms. Makes other changes. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2019-01-08 - Session Sine Die [HB5198 Detail]

Download: Illinois-2017-HB5198-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5198 Introduced , by Rep. Lawrence Walsh, Jr. SYNOPSIS AS INTRODUCED:
415 ILCS 5/3.201 new
415 ILCS 5/3.202 new
415 ILCS 5/3.299 new
415 ILCS 5/3.330 was 415 ILCS 5/3.32
415 ILCS 5/3.336 new
415 ILCS 5/3.366 new
415 ILCS 5/3.367 new
415 ILCS 5/3.535 was 415 ILCS 5/3.53
415 ILCS 5/9.4 from Ch. 111 1/2, par. 1009.4
415 ILCS 5/22.16b from Ch. 111 1/2, par. 1022.16b
Amends the Environmental Protection Act. Provides that the portion of a site or facility that receives, separates, stores, and converts post-use polymers into crude oil, fuels, or other raw materials or intermediate or final products or feedstocks using a pyrolysis or gasification process and is regulated under the State's air, water, and waste regulations applicable to manufacturing facilities is not a pollution control facility under the Act. Provides that the definition of "waste" does not include post-use polymers or nonrecycled feedstocks processed through pyrolysis or gasification. Makes changes to the definition for "municipal waste incineration" in provisions concerning municipal waste incineration emission standards. Defines terms. Makes other changes. Effective immediately.
LRB100 19878 MJP 35158 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5198 LRB100 19878 MJP 35158 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Sections 3.330, 3.535, 9.4, and 22.16b and by adding
Sections 3.201, 3.202, 3.299, 3.336, 3.366, and 3.367 as
follows:
(415 ILCS 5/3.201 new)
Sec. 3.201. Gasification. "Gasification" means a process
through which nonrecycled feedstocks are heated and converted
into a fuel-gas mixture in an oxygen-deficient atmosphere and
the mixture is converted into fuel, including ethanol and
transportation fuel, chemicals, or other chemical feedstocks.
(415 ILCS 5/3.202 new)
Sec. 3.202. Gasification facility. "Gasification facility"
means a facility that receives, separates, stores and converts
post-use polymers using gasification. A gasification facility
shall not be considered a solid waste facility.
(415 ILCS 5/3.299 new)
Sec. 3.299. Nonrecycled feedstocks. "Nonrecycled
feedstocks" means one or more of the following materials,

HB5198 - 2 - LRB100 19878 MJP 35158 b
derived from nonrecycled waste, that has been processed so that
it may be used as feedstock in a gasification facility:
(1) post-use polymers; and
(2) materials that the United States Environmental
Protection Agency has made a non-waste determination under
40 CFR 241.3(c) or otherwise has determined are not waste.
(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
Sec. 3.330. Pollution control facility.
(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.
The following are not pollution control facilities:
(1) (blank);
(2) waste storage sites regulated under 40 CFR, Part
761.42;
(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

HB5198 - 3 - LRB100 19878 MJP 35158 b
wastes are transported within or between sites or
facilities owned, controlled or operated by such person;
(4) sites or facilities at which the State is
performing removal or remedial action pursuant to Section
22.2 or 55.3;
(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;
(6) sites or facilities used by any person to
specifically conduct a landscape composting operation;
(7) regional facilities as defined in the Central
Midwest Interstate Low-Level Radioactive Waste Compact;
(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;
(9) the portion of a site or facility used for the
collection, storage or processing of waste tires as defined
in Title XIV;
(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 of

HB5198 - 4 - LRB100 19878 MJP 35158 b
petroleum contaminated materials before treatment. Only
those categories of petroleum listed in Section 57.9(a)(3)
are exempt under this subdivision (10);
(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
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;
(12) the portion of a site or facility utilizing coal

HB5198 - 5 - LRB100 19878 MJP 35158 b
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
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;
(13) the portion of a site or facility that accepts
exclusively general construction or demolition debris and
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;
(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;
(16) a site or facility that temporarily holds in

HB5198 - 6 - LRB100 19878 MJP 35158 b
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;
(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;
(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

HB5198 - 7 - LRB100 19878 MJP 35158 b
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

HB5198 - 8 - LRB100 19878 MJP 35158 b
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

HB5198 - 9 - LRB100 19878 MJP 35158 b
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

HB5198 - 10 - LRB100 19878 MJP 35158 b
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

HB5198 - 11 - LRB100 19878 MJP 35158 b
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);
(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

HB5198 - 12 - LRB100 19878 MJP 35158 b
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 the
effective date of this amendatory Act of the 100th
General Assembly; and
(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;

HB5198 - 13 - LRB100 19878 MJP 35158 b
(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 that receives,
separates, stores, and converts post-use polymers into
crude oil, fuels, or other raw materials or intermediate or
final products or feedstocks using a pyrolysis or
gasification process and is regulated under the State's
air, water, and waste regulations applicable to
manufacturing facilities.
(b) A new pollution control facility is:
(1) a pollution control facility initially permitted
for development or construction after July 1, 1981; or
(2) the area of expansion beyond the boundary of a
currently permitted pollution control facility; or
(3) a permitted pollution control facility requesting
approval to store, dispose of, transfer or incinerate, for
the first time, any special or hazardous waste.
(Source: P.A. 99-12, eff. 7-10-15; 99-440, eff. 8-21-15;
99-642, eff. 7-28-16; 100-94, eff. 8-11-17.)
(415 ILCS 5/3.336 new)
Sec. 3.336. Post-use polymers. "Post-use polymers" means

HB5198 - 14 - LRB100 19878 MJP 35158 b
plastic polymers that derive from any household, industrial,
community, commercial, or other sources of operations or
activities that might otherwise become a waste if not recycled
or converted to manufacture crude oil, fuels, or other raw
materials or intermediate or final products using pyrolysis or
gasification. "Post-use polymers" may contain incidental
contaminants or impurities such as paper labels or metal rings.
"Post-use polymers" are not waste.
(415 ILCS 5/3.366 new)
Sec. 3.366. Pyrolysis. "Pyrolysis" means a manufacturing
process through which post-use polymers are heated in the
absence of oxygen until melted, and thermally decomposed, and
are then cooled, condensed, and converted to:
(1) crude oil, diesel, gasoline, home heating oil, or
another fuel;
(2) feedstocks;
(3) diesel and gasoline blendstocks;
(4) chemicals, waxes, or lubricants; or
(5) other raw materials or intermediate or final
products.
"Pyrolysis" is not waste incineration or waste treatment.
(415 ILCS 5/3.367 new)
Sec. 3.367. Pyrolysis facility. "Pyrolysis facility" means
a manufacturing facility that receives, separates, stores, and

HB5198 - 15 - LRB100 19878 MJP 35158 b
converts post-use polymers using pyrolysis. A "pyrolysis
facility" is not a pollution control facility, a solid waste
treatment facility, or a solid waste incineration facility.
(415 ILCS 5/3.535) (was 415 ILCS 5/3.53)
Sec. 3.535. Waste. "Waste" means any garbage, sludge from
a waste treatment plant, water supply treatment plant, or air
pollution control facility or other discarded material,
including solid, liquid, semi-solid, or contained gaseous
material resulting from industrial, commercial, mining and
agricultural operations, and from community activities, but
does not include solid or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return
flows, or coal combustion by-products as defined in Section
3.135, or post-use polymers or nonrecycled feedstocks
processed through pyrolysis or gasification, or industrial
discharges which are point sources subject to permits under
Section 402 of the Federal Water Pollution Control Act, as now
or hereafter amended, or source, special nuclear, or by-product
materials as defined by the Atomic Energy Act of 1954, as
amended (68 Stat. 921) or any solid or dissolved material from
any facility subject 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.
(Source: P.A. 92-574, eff. 6-26-02.)

HB5198 - 16 - LRB100 19878 MJP 35158 b
(415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)
Sec. 9.4. Municipal waste incineration emission standards.
(a) The General Assembly finds:
(1) That air pollution from municipal waste
incineration may constitute a threat to public health,
welfare and the environment. The amounts and kinds of
pollutants depend on the nature of the waste stream,
operating conditions of the incinerator, and the
effectiveness of emission controls. Under normal operating
conditions, municipal waste incinerators produce
pollutants such as organic compounds, metallic compounds
and acid gases which may be a threat to public health,
welfare and the environment.
(2) That a combustion and flue-gas control system,
which is properly designed, operated and maintained, can
substantially reduce the emissions of organic materials,
metallic compounds and acid gases from municipal waste
incineration.
(b) It is the purpose of this Section to insure that
emissions from new municipal waste incineration facilities
which burn a total of 25 tons or more of municipal waste per
day are adequately controlled.
Such facilities shall be subject to emissions limits and
operating standards based upon the application of Best
Available Control Technology, as determined by the Agency, for

HB5198 - 17 - LRB100 19878 MJP 35158 b
emissions of the following categories of pollutants:
(1) particulate matter, sulfur dioxide and nitrogen
oxides;
(2) acid gases;
(3) heavy metals; and
(4) organic materials.
(c) The Agency shall issue permits, pursuant to Section 39,
to new municipal waste incineration facilities only if the
Agency finds that such facilities are designed, constructed and
operated so as to comply with the requirements prescribed by
this Section.
Prior to adoption of Board regulations under subsection (d)
of this Section the Agency may issue permits for the
construction of new municipal waste incineration facilities.
The Agency determination of Best Available Control Technology
shall be based upon consideration of the specific pollutants
named in subsection (d), and emissions of particulate matter,
sulfur dioxide and nitrogen oxides.
Nothing in this Section shall limit the applicability of
any other Sections of this Act, or of other standards or
regulations adopted by the Board, to municipal waste
incineration facilities. In issuing such permits, the Agency
may prescribe those conditions necessary to assure continuing
compliance with the emission limits and operating standards
determined pursuant to subsection (b); such conditions may
include the monitoring and reporting of emissions.

HB5198 - 18 - LRB100 19878 MJP 35158 b
(d) Within one year after July 1, 1986, the Board shall
adopt regulations pursuant to Title VII of this Act, which
define the terms in items (2), (3) and (4) of subsection (b) of
this Section which are to be used by the Agency in making its
determination pursuant to this Section. The provisions of
Section 27(b) of this Act shall not apply to this rulemaking.
Such regulations shall be written so that the categories of
pollutants include, but need not be limited to, the following
specific pollutants:
(1) hydrogen chloride in the definition of acid gases;
(2) arsenic, cadmium, mercury, chromium, nickel and
lead in the definition of heavy metals; and
(3) polychlorinated dibenzo-p-dioxins, polychlorinated
dibenzofurans and polynuclear aromatic hydrocarbons in the
definition of organic materials.
(e) For the purposes of this Section, the term "Best
Available Control Technology" means an emission limitation
(including a visible emission standard) based on the maximum
degree of pollutant reduction which the Agency, on a
case-by-case basis, taking into account energy, environmental
and economic impacts, determines is achievable through the
application of production processes or available methods,
systems and techniques, including fuel cleaning or treatment or
innovative fuel combustion techniques. If the Agency
determines that technological or economic limitations on the
application of measurement methodology to a particular class of

HB5198 - 19 - LRB100 19878 MJP 35158 b
sources would make the imposition of an emission standard not
feasible, it may instead prescribe a design, equipment, work
practice or operational standard, or combination thereof, to
require the application of best available control technology.
Such standard shall, to the degree possible, set forth the
emission reduction achievable by implementation of such
design, equipment, work practice or operation and shall provide
for compliance by means which achieve equivalent results.
(f) "Municipal waste incineration" means the burning of
municipal waste or fuel derived therefrom in a combustion
apparatus designed to burn municipal waste that may produce
electricity or steam as a by-product. A "new municipal waste
incinerator" is an incinerator initially permitted for
development or construction after January 1, 1986. As used in
this Section, "municipal waste" or "municipal waste or fuel
derived therefrom" do not include: (i) post-use polymers or
nonrecycled feedstocks that are converted into crude oil or
refined into fuels or feedstocks using a pyrolysis or
gasification process; and (ii) non-hazardous secondary
material that is excluded from solid waste when used
legitimately as a fuel or ingredient in a combustion unit.
(g) The provisions of this Section shall not apply to
industrial incineration facilities that burn waste generated
at the same site.
(Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)

HB5198 - 20 - LRB100 19878 MJP 35158 b
(415 ILCS 5/22.16b) (from Ch. 111 1/2, par. 1022.16b)
Sec. 22.16b. (a) Beginning January 1, 1991, the Agency
shall assess and collect a fee from the owner or operator of
each new municipal waste incinerator. The fee shall be
calculated by applying the rates established from time to time
for the disposal of solid waste at sanitary landfills under
subdivision (b)(1) of Section 22.15 to the total amount of
municipal waste accepted for incineration at the new municipal
waste incinerator. The exemptions provided by this Act to the
fees imposed under subsection (b) of Section 22.15 shall not
apply to the fee imposed by this Section.
The owner or operator of any new municipal waste
incinerator permitted after January 1, 1990, but before July 1,
1990 by the Agency for the development or operation of a new
municipal waste incinerator shall be exempt from this fee, but
shall include the following conditions:
(1) The owner or operator shall provide information
programs to those communities serviced by the owner or
operator concerning recycling and separation of waste not
suitable for incineration.
(2) The owner or operator shall provide information
programs to those communities serviced by the owner or
operator concerning the Agency's household hazardous waste
collection program and participation in that program.
For the purposes of this Section, "new municipal waste
incinerator" means a municipal waste incinerator initially

HB5198 - 21 - LRB100 19878 MJP 35158 b
permitted for development or construction on or after January
1, 1990. As used in this Section, a "municipal waste
incinerator" means a municipal waste incineration facility
under Section 9.4.
Amounts collected under this subsection shall be deposited
into the Municipal Waste Incinerator Tax Fund, which is hereby
established as an interest-bearing special fund in the State
Treasury. Monies in the Fund may be used, subject to
appropriation:
(1) by the Department of Commerce and Economic
Opportunity to fund its public information programs on
recycling in those communities served by new municipal
waste incinerators; and
(2) by the Agency to fund its household hazardous waste
collection activities in those communities served by new
municipal waste incinerators.
(b) Any permit issued by the Agency for the development or
operation of a new municipal waste incinerator shall include
the following conditions:
(1) The incinerator must be designed to provide
continuous monitoring while in operation, with direct
transmission of the resultant data to the Agency, until the
Agency determines the best available control technology
for monitoring the data. The Agency shall establish the
test methods, procedures and averaging periods, as
certified by the USEPA for solid waste incinerator units,

HB5198 - 22 - LRB100 19878 MJP 35158 b
and the form and frequency of reports containing results of
the monitoring. Compliance and enforcement shall be based
on such reports. Copies of the results of such monitoring
shall be maintained on file at the facility concerned for
one year, and copies shall be made available for inspection
and copying by interested members of the public during
business hours.
(2) The facility shall comply with the emission limits
adopted by the Agency under subsection (c).
(3) The operator of the facility shall take reasonable
measures to ensure that waste accepted for incineration
complies with all legal requirements for incineration. The
incinerator operator shall establish contractual
requirements or other notification and inspection
procedures sufficient to assure compliance with this
subsection (b)(3) which may include, but not be limited to,
routine inspections of waste, lists of acceptable and
unacceptable waste provided to haulers and notification to
the Agency when the facility operator rejects and sends
loads away. The notification shall contain at least the
name of the hauler and the site from where the load was
hauled.
(4) The operator may not accept for incineration any
waste generated or collected in a municipality that has not
implemented a recycling plan or is party to an implemented
county plan, consistent with State goals and objectives.

HB5198 - 23 - LRB100 19878 MJP 35158 b
Such plans shall include provisions for collecting,
recycling or diverting from landfills and municipal
incinerators landscape waste, household hazardous waste
and batteries. Such provisions may be performed at the site
of the new municipal incinerator.
The Agency, after careful scrutiny of a permit application
for the construction, development or operation of a new
municipal waste incinerator, shall deny the permit if (i) the
Agency finds in the permit application noncompliance with the
laws and rules of the State or (ii) the application indicates
that the mandated air emissions standards will not be reached
within six months of the proposed municipal waste incinerator
beginning operation.
(c) The Agency shall adopt specific limitations on the
emission of mercury, chromium, cadmium and lead, and good
combustion practices, including temperature controls from
municipal waste incinerators pursuant to Section 9.4 of the
Act.
(d) The Agency shall establish household hazardous waste
collection centers in appropriate places in this State. The
Agency may operate and maintain the centers itself or may
contract with other parties for that purpose. The Agency shall
ensure that the wastes collected are properly disposed of. The
collection centers may charge fees for their services, not to
exceed the costs incurred. Such collection centers shall not
(i) be regulated as hazardous waste facilities under RCRA nor

HB5198 - 24 - LRB100 19878 MJP 35158 b
(ii) be subject to local siting approval under Section 39.2 if
the local governing authority agrees to waive local siting
approval procedures.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 99. Effective date. This Act takes effect upon
becoming law.