Bill Text: IL SB2288 | 2011-2012 | 97th General Assembly | Amended

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

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Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2011-10-27 - Total Veto Stands [SB2288 Detail]

Download: Illinois-2011-SB2288-Amended.html

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Sen. Toi W. Hutchinson

Filed: 3/9/2011

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AMENDMENT TO SENATE BILL 2288
AMENDMENT NO. ______. Amend Senate Bill 2288 by replacing
everything after the enacting clause with the following:
"Section 5. The Environmental Protection Act is amended by
changing Sections 3.330 and 9.4 and by adding Section 3.386 as
follows:
(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);

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(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
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

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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
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

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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
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 (i) accepts
exclusively general construction or demolition debris,
(ii) is located in a county with a population over
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

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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
transit for 10 days or less, non-petruscible 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-petruscible 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

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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
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:

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(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) 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.

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(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.

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(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; and
(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

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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); this amendatory Act of the
96th General Assembly
(21) (19) 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 this amendatory
Act of the 96th General Assembly.

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(22) Any combustion unit that qualifies for one or more
of the exemptions set forth in 40 CFR Part 60.1020.
(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. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08;
95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff.
8-21-08; 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; revised 9-2-10.)
(415 ILCS 5/3.386 new)
Sec. 3.386. Refuse-derived fuel. "Refuse-derived fuel"
means a type of fuel produced by processing municipal solid
waste through shredding and size classification.
"Refuse-derived fuel" includes, but is not limited to: (1)
refuse-derived fuel ranging in density from low density fluff
refuse-derived fuel to densified refuse-derived fuel and (2)
pelletized refuse-derived fuel. "Refuse-derived fuel" does not
include any fuel produced using a carbonization and low
temperature pyrolysis process to alter the chemical

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composition of the end product by: (1) reducing the moisture
content to less than 2% by volume; (2) increasing the heating
value to at least 9,500 Btus/lb; (3) increasing the energy
density to at least 250,000 Btus/cubic foot; and (4)
substantially reducing the levels of sulfur and chlorine to
less than 0.5% by weight.
(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

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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
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

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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.
(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

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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
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 refuse-derived fuel, as defined in Section
3.386 of this Act, fuel derived therefrom in a combustion
apparatus designed to burn municipal waste that may produce
electricity or steam as a by-product. "Municipal waste
incineration" does not include the burning of any fuel that is
expressly exempted from the definition of "refuse-derived
fuel" under Section 3.386 of this Act. A "new municipal waste
incinerator" is an incinerator initially permitted for
development or construction after January 1, 1986.
(g) The provisions of this Section shall not apply to
industrial incineration facilities that burn waste generated

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at the same site.
(Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.".