Bill Text: IL SB1456 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Environmental Protection Act. Provides the term "pollution control facility" does not include the portion of a site or facility for which a permit application is submitted to the Environmental Protection 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 after the effective date (currently, January 1, 2016). Effective immediately.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2017-05-18 - Passed Both Houses [SB1456 Detail]

Download: Illinois-2017-SB1456-Enrolled.html



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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Environmental Protection Act is amended by
5changing Section 3.330 as follows:
6 (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
7 Sec. 3.330. Pollution control facility.
8 (a) "Pollution control facility" is any waste storage site,
9sanitary landfill, waste disposal site, waste transfer
10station, waste treatment facility, or waste incinerator. This
11includes sewers, sewage treatment plants, and any other
12facilities owned or operated by sanitary districts organized
13under the Metropolitan Water Reclamation District Act.
14 The following are not pollution control facilities:
15 (1) (blank);
16 (2) waste storage sites regulated under 40 CFR, Part
17 761.42;
18 (3) sites or facilities used by any person conducting a
19 waste storage, waste treatment, waste disposal, waste
20 transfer or waste incineration operation, or a combination
21 thereof, for wastes generated by such person's own
22 activities, when such wastes are stored, treated, disposed
23 of, transferred or incinerated within the site or facility

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1 owned, controlled or operated by such person, or when such
2 wastes are transported within or between sites or
3 facilities owned, controlled or operated by such person;
4 (4) sites or facilities at which the State is
5 performing removal or remedial action pursuant to Section
6 22.2 or 55.3;
7 (5) abandoned quarries used solely for the disposal of
8 concrete, earth materials, gravel, or aggregate debris
9 resulting from road construction activities conducted by a
10 unit of government or construction activities due to the
11 construction and installation of underground pipes, lines,
12 conduit or wires off of the premises of a public utility
13 company which are conducted by a public utility;
14 (6) sites or facilities used by any person to
15 specifically conduct a landscape composting operation;
16 (7) regional facilities as defined in the Central
17 Midwest Interstate Low-Level Radioactive Waste Compact;
18 (8) the portion of a site or facility where coal
19 combustion wastes are stored or disposed of in accordance
20 with subdivision (r)(2) or (r)(3) of Section 21;
21 (9) the portion of a site or facility used for the
22 collection, storage or processing of waste tires as defined
23 in Title XIV;
24 (10) the portion of a site or facility used for
25 treatment of petroleum contaminated materials by
26 application onto or incorporation into the soil surface and

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1 any portion of that site or facility used for storage of
2 petroleum contaminated materials before treatment. Only
3 those categories of petroleum listed in Section 57.9(a)(3)
4 are exempt under this subdivision (10);
5 (11) the portion of a site or facility where used oil
6 is collected or stored prior to shipment to a recycling or
7 energy recovery facility, provided that the used oil is
8 generated by households or commercial establishments, and
9 the site or facility is a recycling center or a business
10 where oil or gasoline is sold at retail;
11 (11.5) processing sites or facilities that receive
12 only on-specification used oil, as defined in 35 Ill.
13 Admin. Code 739, originating from used oil collectors for
14 processing that is managed under 35 Ill. Admin. Code 739 to
15 produce products for sale to off-site petroleum
16 facilities, if these processing sites or facilities are:
17 (i) located within a home rule unit of local government
18 with a population of at least 30,000 according to the 2000
19 federal census, that home rule unit of local government has
20 been designated as an Urban Round II Empowerment Zone by
21 the United States Department of Housing and Urban
22 Development, and that home rule unit of local government
23 has enacted an ordinance approving the location of the site
24 or facility and provided funding for the site or facility;
25 and (ii) in compliance with all applicable zoning
26 requirements;

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1 (12) the portion of a site or facility utilizing coal
2 combustion waste for stabilization and treatment of only
3 waste generated on that site or facility when used in
4 connection with response actions pursuant to the federal
5 Comprehensive Environmental Response, Compensation, and
6 Liability Act of 1980, the federal Resource Conservation
7 and Recovery Act of 1976, or the Illinois Environmental
8 Protection Act or as authorized by the Agency;
9 (13) the portion of a site or facility that accepts
10 exclusively general construction or demolition debris and
11 is operated and located in accordance with Section 22.38 of
12 this Act;
13 (14) the portion of a site or facility, located within
14 a unit of local government that has enacted local zoning
15 requirements, used to accept, separate, and process
16 uncontaminated broken concrete, with or without protruding
17 metal bars, provided that the uncontaminated broken
18 concrete and metal bars are not speculatively accumulated,
19 are at the site or facility no longer than one year after
20 their acceptance, and are returned to the economic
21 mainstream in the form of raw materials or products;
22 (15) the portion of a site or facility located in a
23 county with a population over 3,000,000 that has obtained
24 local siting approval under Section 39.2 of this Act for a
25 municipal waste incinerator on or before July 1, 2005 and
26 that is used for a non-hazardous waste transfer station;

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1 (16) a site or facility that temporarily holds in
2 transit for 10 days or less, non-putrescible solid waste in
3 original containers, no larger in capacity than 500
4 gallons, provided that such waste is further transferred to
5 a recycling, disposal, treatment, or storage facility on a
6 non-contiguous site and provided such site or facility
7 complies with the applicable 10-day transfer requirements
8 of the federal Resource Conservation and Recovery Act of
9 1976 and United States Department of Transportation
10 hazardous material requirements. For purposes of this
11 Section only, "non-putrescible solid waste" means waste
12 other than municipal garbage that does not rot or become
13 putrid, including, but not limited to, paints, solvent,
14 filters, and absorbents;
15 (17) the portion of a site or facility located in a
16 county with a population greater than 3,000,000 that has
17 obtained local siting approval, under Section 39.2 of this
18 Act, for a municipal waste incinerator on or before July 1,
19 2005 and that is used for wood combustion facilities for
20 energy recovery that accept and burn only wood material, as
21 included in a fuel specification approved by the Agency;
22 (18) a transfer station used exclusively for landscape
23 waste, including a transfer station where landscape waste
24 is ground to reduce its volume, where the landscape waste
25 is held no longer than 24 hours from the time it was
26 received;

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1 (19) the portion of a site or facility that (i) is used
2 for the composting of food scrap, livestock waste, crop
3 residue, uncontaminated wood waste, or paper waste,
4 including, but not limited to, corrugated paper or
5 cardboard, and (ii) meets all of the following
6 requirements:
7 (A) There must not be more than a total of 30,000
8 cubic yards of livestock waste in raw form or in the
9 process of being composted at the site or facility at
10 any one time.
11 (B) All food scrap, livestock waste, crop residue,
12 uncontaminated wood waste, and paper waste must, by the
13 end of each operating day, be processed and placed into
14 an enclosed vessel in which air flow and temperature
15 are controlled, or all of the following additional
16 requirements must be met:
17 (i) The portion of the site or facility used
18 for the composting operation must include a
19 setback of at least 200 feet from the nearest
20 potable water supply well.
21 (ii) The portion of the site or facility used
22 for the composting operation must be located
23 outside the boundary of the 10-year floodplain or
24 floodproofed.
25 (iii) Except in municipalities with more than
26 1,000,000 inhabitants, the portion of the site or

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1 facility used for the composting operation must be
2 located at least one-eighth of a mile from the
3 nearest residence, other than a residence located
4 on the same property as the site or facility.
5 (iv) The portion of the site or facility used
6 for the composting operation must be located at
7 least one-eighth of a mile from the property line
8 of all of the following areas:
9 (I) Facilities that primarily serve to
10 house or treat people that are
11 immunocompromised or immunosuppressed, such as
12 cancer or AIDS patients; people with asthma,
13 cystic fibrosis, or bioaerosol allergies; or
14 children under the age of one year.
15 (II) Primary and secondary schools and
16 adjacent areas that the schools use for
17 recreation.
18 (III) Any facility for child care licensed
19 under Section 3 of the Child Care Act of 1969;
20 preschools; and adjacent areas that the
21 facilities or preschools use for recreation.
22 (v) By the end of each operating day, all food
23 scrap, livestock waste, crop residue,
24 uncontaminated wood waste, and paper waste must be
25 (i) processed into windrows or other piles and (ii)
26 covered in a manner that prevents scavenging by

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1 birds and animals and that prevents other
2 nuisances.
3 (C) Food scrap, livestock waste, crop residue,
4 uncontaminated wood waste, paper waste, and compost
5 must not be placed within 5 feet of the water table.
6 (D) The site or facility must meet all of the
7 requirements of the Wild and Scenic Rivers Act (16
8 U.S.C. 1271 et seq.).
9 (E) The site or facility must not (i) restrict the
10 flow of a 100-year flood, (ii) result in washout of
11 food scrap, livestock waste, crop residue,
12 uncontaminated wood waste, or paper waste from a
13 100-year flood, or (iii) reduce the temporary water
14 storage capacity of the 100-year floodplain, unless
15 measures are undertaken to provide alternative storage
16 capacity, such as by providing lagoons, holding tanks,
17 or drainage around structures at the facility.
18 (F) The site or facility must not be located in any
19 area where it may pose a threat of harm or destruction
20 to the features for which:
21 (i) an irreplaceable historic or
22 archaeological site has been listed under the
23 National Historic Preservation Act (16 U.S.C. 470
24 et seq.) or the Illinois Historic Preservation
25 Act;
26 (ii) a natural landmark has been designated by

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1 the National Park Service or the Illinois State
2 Historic Preservation Office; or
3 (iii) a natural area has been designated as a
4 Dedicated Illinois Nature Preserve under the
5 Illinois Natural Areas Preservation Act.
6 (G) The site or facility must not be located in an
7 area where it may jeopardize the continued existence of
8 any designated endangered species, result in the
9 destruction or adverse modification of the critical
10 habitat for such species, or cause or contribute to the
11 taking of any endangered or threatened species of
12 plant, fish, or wildlife listed under the Endangered
13 Species Act (16 U.S.C. 1531 et seq.) or the Illinois
14 Endangered Species Protection Act;
15 (20) the portion of a site or facility that is located
16 entirely within a home rule unit having a population of no
17 less than 120,000 and no more than 135,000, according to
18 the 2000 federal census, and that meets all of the
19 following requirements:
20 (i) the portion of the site or facility is used
21 exclusively to perform testing of a thermochemical
22 conversion technology using only woody biomass,
23 collected as landscape waste within the boundaries of
24 the home rule unit, as the hydrocarbon feedstock for
25 the production of synthetic gas in accordance with
26 Section 39.9 of this Act;

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1 (ii) the portion of the site or facility is in
2 compliance with all applicable zoning requirements;
3 and
4 (iii) a complete application for a demonstration
5 permit at the portion of the site or facility has been
6 submitted to the Agency in accordance with Section 39.9
7 of this Act within one year after July 27, 2010 (the
8 effective date of Public Act 96-1314);
9 (21) the portion of a site or facility used to perform
10 limited testing of a gasification conversion technology in
11 accordance with Section 39.8 of this Act and for which a
12 complete permit application has been submitted to the
13 Agency prior to one year from April 9, 2010 (the effective
14 date of Public Act 96-887);
15 (22) the portion of a site or facility that is used to
16 incinerate only pharmaceuticals from residential sources
17 that are collected and transported by law enforcement
18 agencies under Section 17.9A of this Act;
19 (23) the portion of a site or facility:
20 (A) that is used exclusively for the transfer of
21 commingled landscape waste and food scrap held at the
22 site or facility for no longer than 24 hours after
23 their receipt;
24 (B) that is located entirely within a home rule
25 unit having a population of either (i) not less than
26 100,000 and not more than 115,000 according to the 2010

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1 federal census, or (ii) not less than 5,000 and not
2 more than 10,000 according to the 2010 federal census,
3 or (iii) not less than 25,000 and not more than 30,000
4 according to the 2010 federal census or that is located
5 in the unincorporated area of a county having a
6 population of not less than 700,000 and not more than
7 705,000 according to the 2010 federal census;
8 (C) that is permitted, by the Agency, prior to
9 January 1, 2002, for the transfer of landscape waste if
10 located in a home rule unit or that is permitted prior
11 to January 1, 2008 if located in an unincorporated area
12 of a county; and
13 (D) for which a permit application is submitted to
14 the Agency to modify an existing permit for the
15 transfer of landscape waste to also include, on a
16 demonstration basis not to exceed 24 months each time a
17 permit is issued, the transfer of commingled landscape
18 waste and food scrap or for which a permit application
19 is submitted to the Agency within 6 months of the
20 effective date of this amendatory Act of the 100th
21 General Assembly after January 1, 2016; and
22 (24) the portion of a municipal solid waste landfill
23 unit:
24 (A) that is located in a county having a population
25 of not less than 55,000 and not more than 60,000
26 according to the 2010 federal census;

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1 (B) that is owned by that county;
2 (C) that is permitted, by the Agency, prior to July
3 10, 2015 (the effective date of Public Act 99-12); and
4 (D) for which a permit application is submitted to
5 the Agency within 6 months after July 10, 2015 (the
6 effective date of Public Act 99-12) for the disposal of
7 non-hazardous special waste.
8 (b) A new pollution control facility is:
9 (1) a pollution control facility initially permitted
10 for development or construction after July 1, 1981; or
11 (2) the area of expansion beyond the boundary of a
12 currently permitted pollution control facility; or
13 (3) a permitted pollution control facility requesting
14 approval to store, dispose of, transfer or incinerate, for
15 the first time, any special or hazardous waste.
16(Source: P.A. 98-146, eff. 1-1-14; 98-239, eff. 8-9-13; 98-756,
17eff. 7-16-14; 98-1130, eff. 1-1-15; 99-12, eff. 7-10-15;
1899-440, eff. 8-21-15; 99-642, eff. 7-28-16.)
19 Section 99. Effective date. This Act takes effect upon
20becoming law.
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