Bill Text: IL SB3087 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Environmental Protection Act. Provides that incidental sales of finished compost do need not to be applied to agronomic rates in determining whether a person needs a permit to conduct a landscape waste composting operation at specified sites. Removes a provision requiring that no fee is charged for the acceptance of materials to be composted in order for a site having 10 or more occupied non-farm residences within 1/2 mile of its boundaries to be excepted from permit requirements.
Spectrum: Bipartisan Bill
Status: (Failed) 2021-01-13 - Session Sine Die [SB3087 Detail]
Download: Illinois-2019-SB3087-Introduced.html
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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | |||||||||||||||||||
5 | changing Section 21 as follows:
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6 | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
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7 | Sec. 21. Prohibited acts. No person shall:
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8 | (a) Cause or allow the open dumping of any waste.
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9 | (b) Abandon, dump, or deposit any waste upon the public | |||||||||||||||||||
10 | highways or
other public property, except in a sanitary | |||||||||||||||||||
11 | landfill approved by the
Agency pursuant to regulations adopted | |||||||||||||||||||
12 | by the Board.
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13 | (c) Abandon any vehicle in violation of the "Abandoned | |||||||||||||||||||
14 | Vehicles
Amendment to the Illinois Vehicle Code", as enacted by | |||||||||||||||||||
15 | the 76th General
Assembly.
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16 | (d) Conduct any waste-storage, waste-treatment, or | |||||||||||||||||||
17 | waste-disposal
operation:
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18 | (1) without a permit granted by the Agency or in | |||||||||||||||||||
19 | violation of any
conditions imposed by such permit, | |||||||||||||||||||
20 | including periodic reports and full
access to adequate | |||||||||||||||||||
21 | records and the inspection of facilities, as may be
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22 | necessary to assure compliance with this Act and with | |||||||||||||||||||
23 | regulations and
standards adopted thereunder; provided, |
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1 | however, that, except for municipal
solid waste landfill | ||||||
2 | units that receive waste on or after October 9, 1993, and | ||||||
3 | CCR surface impoundments,
no permit shall be
required for | ||||||
4 | (i) any person conducting a waste-storage, | ||||||
5 | waste-treatment, or
waste-disposal operation for wastes | ||||||
6 | generated by such person's own
activities which are stored, | ||||||
7 | treated, or disposed within the site where
such wastes are | ||||||
8 | generated, or (ii)
a facility located in a county with a
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9 | population over 700,000 as of January 1, 2000, operated and | ||||||
10 | located in accordance with
Section 22.38 of this Act, and | ||||||
11 | used exclusively for the transfer, storage, or
treatment of | ||||||
12 | general construction or demolition debris, provided that | ||||||
13 | the facility was receiving construction or demolition | ||||||
14 | debris on August 24, 2009 ( the effective date of Public Act | ||||||
15 | 96-611) this amendatory Act of the 96th General Assembly ;
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16 | (2) in violation of any regulations or standards | ||||||
17 | adopted by the
Board under this Act; or
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18 | (3) which receives waste after August 31, 1988, does | ||||||
19 | not have a permit
issued by the Agency, and is (i) a | ||||||
20 | landfill used exclusively for the
disposal of waste | ||||||
21 | generated at the site, (ii) a surface impoundment
receiving | ||||||
22 | special waste not listed in an NPDES permit, (iii) a waste | ||||||
23 | pile
in which the total volume of waste is greater than 100 | ||||||
24 | cubic yards or the
waste is stored for over one year, or | ||||||
25 | (iv) a land treatment facility
receiving special waste | ||||||
26 | generated at the site; without giving notice of the
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1 | operation to the Agency by January 1, 1989, or 30 days | ||||||
2 | after the date on
which the operation commences, whichever | ||||||
3 | is later, and every 3 years
thereafter. The form for such | ||||||
4 | notification shall be specified by the
Agency, and shall be | ||||||
5 | limited to information regarding: the name and address
of | ||||||
6 | the location of the operation; the type of operation; the | ||||||
7 | types and
amounts of waste stored, treated or disposed of | ||||||
8 | on an annual basis; the
remaining capacity of the | ||||||
9 | operation; and the remaining expected life of
the | ||||||
10 | operation.
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11 | Item (3) of this subsection (d) shall not apply to any | ||||||
12 | person
engaged in agricultural activity who is disposing of a | ||||||
13 | substance that
constitutes solid waste, if the substance was | ||||||
14 | acquired for use by that
person on his own property, and the | ||||||
15 | substance is disposed of on his own
property in accordance with | ||||||
16 | regulations or standards adopted by the Board.
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17 | This subsection (d) shall not apply to hazardous waste.
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18 | (e) Dispose, treat, store or abandon any waste, or | ||||||
19 | transport any waste
into this State for disposal, treatment, | ||||||
20 | storage or abandonment, except at
a site or facility which | ||||||
21 | meets the requirements of this Act and of
regulations and | ||||||
22 | standards thereunder.
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23 | (f) Conduct any hazardous waste-storage, hazardous | ||||||
24 | waste-treatment or
hazardous waste-disposal operation:
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25 | (1) without a RCRA permit for the site issued by the | ||||||
26 | Agency under
subsection (d) of Section 39 of this Act, or |
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1 | in violation of any condition
imposed by such permit, | ||||||
2 | including periodic reports and full access to
adequate | ||||||
3 | records and the inspection of facilities, as may be | ||||||
4 | necessary to
assure compliance with this Act and with | ||||||
5 | regulations and standards adopted
thereunder; or
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6 | (2) in violation of any regulations or standards | ||||||
7 | adopted by the Board
under this Act; or
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8 | (3) in violation of any RCRA permit filing requirement | ||||||
9 | established under
standards adopted by the Board under this | ||||||
10 | Act; or
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11 | (4) in violation of any order adopted by the Board | ||||||
12 | under this Act.
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13 | Notwithstanding the above, no RCRA permit shall be required | ||||||
14 | under this
subsection or subsection (d) of Section 39 of this | ||||||
15 | Act for any
person engaged in agricultural activity who is | ||||||
16 | disposing of a substance
which has been identified as a | ||||||
17 | hazardous waste, and which has been
designated by Board | ||||||
18 | regulations as being subject to this exception, if the
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19 | substance was acquired for use by that person on his own | ||||||
20 | property and the
substance is disposed of on his own property | ||||||
21 | in accordance with regulations
or standards adopted by the | ||||||
22 | Board.
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23 | (g) Conduct any hazardous waste-transportation operation:
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24 | (1) without registering with and obtaining a special | ||||||
25 | waste hauling permit from the Agency in
accordance with the | ||||||
26 | regulations adopted by the Board under this Act; or
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1 | (2) in violation of any regulations or standards | ||||||
2 | adopted by
the
Board under this Act.
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3 | (h) Conduct any hazardous waste-recycling or hazardous | ||||||
4 | waste-reclamation
or hazardous waste-reuse operation in | ||||||
5 | violation of any regulations, standards
or permit requirements | ||||||
6 | adopted by the Board under this Act.
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7 | (i) Conduct any process or engage in any act which produces | ||||||
8 | hazardous
waste in violation of any regulations or standards | ||||||
9 | adopted by the Board
under subsections (a) and (c) of Section | ||||||
10 | 22.4 of this Act.
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11 | (j) Conduct any special waste-transportation waste | ||||||
12 | transportation operation in violation
of any regulations, | ||||||
13 | standards or permit requirements adopted by the Board
under | ||||||
14 | this Act. However, sludge from a water or sewage treatment | ||||||
15 | plant
owned and operated by a unit of local government which | ||||||
16 | (1) is subject to a
sludge management plan approved by the | ||||||
17 | Agency or a permit granted by the
Agency, and (2) has been | ||||||
18 | tested and determined not to be a hazardous waste
as required | ||||||
19 | by applicable State and federal laws and regulations, may be
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20 | transported in this State without a special waste hauling | ||||||
21 | permit, and the
preparation and carrying of a manifest shall | ||||||
22 | not be required for such
sludge under the rules of the | ||||||
23 | Pollution Control Board. The unit of local
government which | ||||||
24 | operates the treatment plant producing such sludge shall
file | ||||||
25 | an annual report with the Agency identifying the volume of such
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26 | sludge transported during the reporting period, the hauler of |
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1 | the sludge,
and the disposal sites to which it was transported. | ||||||
2 | This subsection (j)
shall not apply to hazardous waste.
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3 | (k) Fail or refuse to pay any fee imposed under this Act.
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4 | (l) Locate a hazardous waste disposal site above an active | ||||||
5 | or
inactive shaft or tunneled mine or within 2 miles of an | ||||||
6 | active fault in
the earth's crust. In counties of population | ||||||
7 | less than 225,000 no
hazardous waste disposal site shall be | ||||||
8 | located (1) within 1 1/2 miles of
the corporate limits as | ||||||
9 | defined on June 30, 1978, of any municipality
without the | ||||||
10 | approval of the governing body of the municipality in an
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11 | official action; or (2) within 1000 feet of an existing private | ||||||
12 | well or
the existing source of a public water supply measured | ||||||
13 | from the boundary
of the actual active permitted site and | ||||||
14 | excluding existing private wells
on the property of the permit | ||||||
15 | applicant. The provisions of this
subsection do not apply to | ||||||
16 | publicly owned publicly-owned sewage works or the disposal
or | ||||||
17 | utilization of sludge from publicly owned publicly-owned | ||||||
18 | sewage works.
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19 | (m) Transfer interest in any land which has been used as a
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20 | hazardous waste disposal site without written notification to | ||||||
21 | the Agency
of the transfer and to the transferee of the | ||||||
22 | conditions imposed by the Agency
upon its use under subsection | ||||||
23 | (g) of Section 39.
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24 | (n) Use any land which has been used as a hazardous waste
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25 | disposal site except in compliance with conditions imposed by | ||||||
26 | the Agency
under subsection (g) of Section 39.
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1 | (o) Conduct a sanitary landfill operation which is required | ||||||
2 | to have a
permit under subsection (d) of this Section, in a | ||||||
3 | manner which results in
any of the following conditions:
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4 | (1) refuse in standing or flowing waters;
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5 | (2) leachate flows entering waters of the State;
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6 | (3) leachate flows exiting the landfill confines (as | ||||||
7 | determined by the
boundaries established for the landfill | ||||||
8 | by a permit issued by the Agency);
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9 | (4) open burning of refuse in violation of Section 9 of | ||||||
10 | this Act;
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11 | (5) uncovered refuse remaining from any previous | ||||||
12 | operating day or at the
conclusion of any operating day, | ||||||
13 | unless authorized by permit;
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14 | (6) failure to provide final cover within time limits | ||||||
15 | established by
Board regulations;
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16 | (7) acceptance of wastes without necessary permits;
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17 | (8) scavenging as defined by Board regulations;
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18 | (9) deposition of refuse in any unpermitted portion of | ||||||
19 | the landfill;
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20 | (10) acceptance of a special waste without a required | ||||||
21 | manifest;
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22 | (11) failure to submit reports required by permits or | ||||||
23 | Board regulations;
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24 | (12) failure to collect and contain litter from the | ||||||
25 | site by the end of
each operating day;
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26 | (13) failure to submit any cost estimate for the site |
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1 | or any performance
bond or other security for the site as | ||||||
2 | required by this Act or Board rules.
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3 | The prohibitions specified in this subsection (o) shall be | ||||||
4 | enforceable by
the Agency either by administrative citation | ||||||
5 | under Section 31.1 of this Act
or as otherwise provided by this | ||||||
6 | Act. The specific prohibitions in this
subsection do not limit | ||||||
7 | the power of the Board to establish regulations
or standards | ||||||
8 | applicable to sanitary landfills.
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9 | (p) In violation of subdivision (a) of this Section, cause | ||||||
10 | or allow the
open dumping of any waste in a manner which | ||||||
11 | results in any of the following
occurrences at the dump site:
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12 | (1) litter;
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13 | (2) scavenging;
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14 | (3) open burning;
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15 | (4) deposition of waste in standing or flowing waters;
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16 | (5) proliferation of disease vectors;
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17 | (6) standing or flowing liquid discharge from the dump | ||||||
18 | site;
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19 | (7) deposition of:
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20 | (i) general construction or demolition debris as | ||||||
21 | defined in Section
3.160(a) of this Act; or
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22 | (ii) clean construction or demolition debris as | ||||||
23 | defined in Section
3.160(b) of this Act.
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24 | The prohibitions specified in this subsection (p) shall be
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25 | enforceable by the Agency either by administrative citation | ||||||
26 | under Section
31.1 of this Act or as otherwise provided by this |
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1 | Act. The specific
prohibitions in this subsection do not limit | ||||||
2 | the power of the Board to
establish regulations or standards | ||||||
3 | applicable to open dumping.
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4 | (q) Conduct a landscape waste composting operation without | ||||||
5 | an Agency
permit, provided, however, that no permit shall be | ||||||
6 | required for any person:
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7 | (1) conducting a landscape waste composting operation | ||||||
8 | for landscape
wastes generated by such person's own | ||||||
9 | activities which are stored, treated,
or disposed of within | ||||||
10 | the site where such wastes are generated; or
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11 | (1.5) conducting a landscape waste composting | ||||||
12 | operation that (i) has no more than 25 cubic yards of | ||||||
13 | landscape waste, composting additives, composting | ||||||
14 | material, or end-product compost on-site at any one time | ||||||
15 | and (ii) is not engaging in commercial activity; or | ||||||
16 | (2) applying landscape waste or composted landscape | ||||||
17 | waste at agronomic
rates; or
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18 | (2.5) operating a landscape waste composting facility | ||||||
19 | at a site having 10 or more occupied non-farm residences | ||||||
20 | within 1/2 mile of its boundaries, if the facility meets | ||||||
21 | all of the following criteria: | ||||||
22 | (A) the composting facility is operated by the | ||||||
23 | farmer on property on which the composting material is | ||||||
24 | utilized, and the composting facility
constitutes no | ||||||
25 | more than 2% of the site's total acreage; | ||||||
26 | (A-5) any composting additives that the composting |
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1 | facility accepts and uses at the facility are necessary | ||||||
2 | to provide proper conditions for composting and do not | ||||||
3 | exceed 10% of the total composting material at the | ||||||
4 | facility at any one time; | ||||||
5 | (B) the property on which the composting facility | ||||||
6 | is located, and any associated property on which the | ||||||
7 | compost is used, is principally and diligently devoted | ||||||
8 | to the production of agricultural crops and is not | ||||||
9 | owned, leased, or otherwise controlled by any waste | ||||||
10 | hauler or generator of nonagricultural compost | ||||||
11 | materials, and the operator of the composting facility | ||||||
12 | is not an employee, partner, shareholder, or in any way | ||||||
13 | connected with or controlled by any such waste hauler | ||||||
14 | or generator; | ||||||
15 | (C) all compost generated by the composting | ||||||
16 | facility , except incidental sales of finished compost, | ||||||
17 | is applied at agronomic rates and used as mulch, | ||||||
18 | fertilizer, or soil conditioner on land actually | ||||||
19 | farmed by the person operating the composting | ||||||
20 | facility, and the finished compost is not stored at the | ||||||
21 | composting site for a period longer than 18 months | ||||||
22 | prior to its application as mulch, fertilizer, or soil | ||||||
23 | conditioner; | ||||||
24 | (D) (blank) no fee is charged for the acceptance of | ||||||
25 | materials to be composted at the facility ; and | ||||||
26 | (E) the owner or operator, by January 1, 2014 (or |
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1 | the January 1
following commencement of operation, | ||||||
2 | whichever is later) and January 1 of
each year | ||||||
3 | thereafter, registers the site with the Agency, (ii) | ||||||
4 | reports to the Agency on the volume of composting | ||||||
5 | material received and used at the site; (iii) certifies | ||||||
6 | to the Agency that the site complies with the
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7 | requirements set forth in subparagraphs (A), (A-5), | ||||||
8 | (B), (C), and (D) of this paragraph
(2.5); and (iv) | ||||||
9 | certifies to the Agency that all composting material | ||||||
10 | was placed more than 200 feet from the nearest potable | ||||||
11 | water supply well, was placed outside the boundary of | ||||||
12 | the 10-year floodplain or on a part of the site that is | ||||||
13 | floodproofed, was placed at least 1/4 mile from the | ||||||
14 | nearest residence (other than a residence located on | ||||||
15 | the same property as the facility) or a lesser distance | ||||||
16 | from the nearest residence (other than a residence | ||||||
17 | located on the same property as the facility) if the | ||||||
18 | municipality in which the facility is located has by | ||||||
19 | ordinance approved a lesser distance than 1/4 mile, and | ||||||
20 | was placed more than 5 feet above the water table; any | ||||||
21 | ordinance approving a residential setback of less than | ||||||
22 | 1/4 mile that is used to meet the requirements of this | ||||||
23 | subparagraph (E) of paragraph (2.5) of this subsection | ||||||
24 | must specifically reference this paragraph; or | ||||||
25 | (3) operating a landscape waste composting facility on | ||||||
26 | a farm, if the
facility meets all of the following |
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1 | criteria:
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2 | (A) the composting facility is operated by the | ||||||
3 | farmer on property on
which the composting material is | ||||||
4 | utilized, and the composting facility
constitutes no | ||||||
5 | more than 2% of the property's total acreage, except | ||||||
6 | that
the Board may allow a higher percentage for | ||||||
7 | individual sites where the owner
or operator has | ||||||
8 | demonstrated to the Board that the site's soil
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9 | characteristics or crop needs require a higher rate;
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10 | (A-1) the composting facility accepts from other | ||||||
11 | agricultural operations for composting with landscape | ||||||
12 | waste no materials other than uncontaminated and | ||||||
13 | source-separated (i) crop residue and other | ||||||
14 | agricultural plant residue generated from the | ||||||
15 | production and harvesting of crops and other customary | ||||||
16 | farm practices, including, but not limited to, stalks, | ||||||
17 | leaves, seed pods, husks, bagasse, and roots and (ii) | ||||||
18 | plant-derived animal bedding, such as straw or | ||||||
19 | sawdust, that is free of manure and was not made from | ||||||
20 | painted or treated wood; | ||||||
21 | (A-2) any composting additives that the composting | ||||||
22 | facility accepts and uses at the facility are necessary | ||||||
23 | to provide proper conditions for composting and do not | ||||||
24 | exceed 10% of the total composting material at the | ||||||
25 | facility at any one time; | ||||||
26 | (B) the property on which the composting facility |
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1 | is located, and any
associated property on which the | ||||||
2 | compost is used, is principally and
diligently devoted | ||||||
3 | to the production of agricultural crops and
is not | ||||||
4 | owned, leased or otherwise controlled by any waste | ||||||
5 | hauler
or generator of nonagricultural compost | ||||||
6 | materials, and the operator of the
composting facility | ||||||
7 | is not an employee, partner, shareholder, or in any way
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8 | connected with or controlled by any such waste hauler | ||||||
9 | or generator;
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10 | (C) all compost generated by the composting | ||||||
11 | facility , except incidental sales of finished compost, | ||||||
12 | is applied at
agronomic rates and used as mulch, | ||||||
13 | fertilizer or soil conditioner on land
actually farmed | ||||||
14 | by the person operating the composting facility, and | ||||||
15 | the
finished compost is not stored at the composting | ||||||
16 | site for a period longer
than 18 months prior to its | ||||||
17 | application as mulch, fertilizer, or soil conditioner;
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18 | (D) the owner or operator, by January 1 of
each | ||||||
19 | year, (i) registers the site with the Agency, (ii) | ||||||
20 | reports
to the Agency on the volume of composting | ||||||
21 | material received and used at the
site, (iii) certifies | ||||||
22 | to the Agency that the site complies with the
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23 | requirements set forth in subparagraphs (A), (A-1), | ||||||
24 | (A-2), (B), and (C) of this paragraph
(q)(3), and (iv) | ||||||
25 | certifies to the Agency that all composting material: | ||||||
26 | (I) was
placed more than 200 feet from the |
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1 | nearest potable water supply well; | ||||||
2 | (II) was
placed outside the boundary of the | ||||||
3 | 10-year floodplain or on a part of the
site that is | ||||||
4 | floodproofed; | ||||||
5 | (III) was placed either (aa) at least 1/4 mile | ||||||
6 | from the nearest
residence (other than a residence | ||||||
7 | located on the same property as the
facility) and | ||||||
8 | there are not more than 10 occupied non-farm | ||||||
9 | residences
within 1/2 mile of the boundaries of the | ||||||
10 | site on the date of application or (bb) a lesser | ||||||
11 | distance from the nearest residence (other than a | ||||||
12 | residence located on the same property as the | ||||||
13 | facility) provided that the municipality or county | ||||||
14 | in which the facility is located has by ordinance | ||||||
15 | approved a lesser distance than 1/4 mile and there | ||||||
16 | are not more than 10 occupied non-farm residences
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17 | within 1/2 mile of the boundaries of the site on | ||||||
18 | the date of application;
and | ||||||
19 | (IV) was placed more than 5 feet above the | ||||||
20 | water table. | ||||||
21 | Any ordinance approving a residential setback of | ||||||
22 | less than 1/4 mile that is used to meet the | ||||||
23 | requirements of this subparagraph (D) must | ||||||
24 | specifically reference this subparagraph.
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25 | For the purposes of this subsection (q), "agronomic rates" | ||||||
26 | means the
application of not more than 20 tons per acre per |
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1 | year, except that the
Board may allow a higher rate for | ||||||
2 | individual sites where the owner or
operator has demonstrated | ||||||
3 | to the Board that the site's soil
characteristics or crop needs | ||||||
4 | require a higher rate.
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5 | (r) Cause or allow the storage or disposal of coal | ||||||
6 | combustion
waste unless:
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7 | (1) such waste is stored or disposed of at a site or
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8 | facility for which
a permit has been obtained or is not | ||||||
9 | otherwise required under subsection
(d) of this Section; or
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10 | (2) such waste is stored or disposed of as a part of
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11 | the design and
reclamation of a site or facility which is | ||||||
12 | an abandoned mine site in
accordance with the Abandoned | ||||||
13 | Mined Lands and Water Reclamation Act; or
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14 | (3) such waste is stored or disposed of at a site or
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15 | facility which is
operating under NPDES and Subtitle D | ||||||
16 | permits issued by the Agency pursuant
to regulations | ||||||
17 | adopted by the Board for mine-related water pollution and
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18 | permits issued pursuant to the federal Federal Surface | ||||||
19 | Mining Control and
Reclamation Act of 1977 (P.L. 95-87) or | ||||||
20 | the rules and regulations
thereunder or any law or rule or | ||||||
21 | regulation adopted by the State of
Illinois pursuant | ||||||
22 | thereto, and the owner or operator of the facility agrees
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23 | to accept the waste; and either :
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24 | (i) such waste is stored or disposed of in | ||||||
25 | accordance
with requirements
applicable to refuse | ||||||
26 | disposal under regulations adopted by the Board for
|
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1 | mine-related water pollution and pursuant to NPDES and | ||||||
2 | Subtitle D permits
issued by the Agency under such | ||||||
3 | regulations; or
| ||||||
4 | (ii) the owner or operator of the facility | ||||||
5 | demonstrates all of the
following to the Agency, and | ||||||
6 | the facility is operated in accordance with
the | ||||||
7 | demonstration as approved by the Agency: (1) the | ||||||
8 | disposal area will be
covered in a manner that will | ||||||
9 | support continuous vegetation, (2) the
facility will | ||||||
10 | be adequately protected from wind and water erosion, | ||||||
11 | (3) the
pH will be maintained so as to prevent | ||||||
12 | excessive leaching of metal ions,
and (4) adequate | ||||||
13 | containment or other measures will be provided to | ||||||
14 | protect
surface water and groundwater from | ||||||
15 | contamination at levels prohibited by
this Act, the | ||||||
16 | Illinois Groundwater Protection Act, or regulations | ||||||
17 | adopted
pursuant thereto.
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18 | Notwithstanding any other provision of this Title, the | ||||||
19 | disposal of coal
combustion waste pursuant to item (2) or (3) | ||||||
20 | of this
subdivision (r) shall
be exempt from the other | ||||||
21 | provisions of this Title V, and notwithstanding
the provisions | ||||||
22 | of Title X of this Act, the Agency is authorized to grant
| ||||||
23 | experimental permits which include provision for the disposal | ||||||
24 | of
wastes from the combustion of coal and other materials | ||||||
25 | pursuant to items
(2) and (3) of this subdivision (r).
| ||||||
26 | (s) After April 1, 1989, offer for transportation, |
| |||||||
| |||||||
1 | transport, deliver,
receive or accept special waste for which a | ||||||
2 | manifest is required, unless
the manifest indicates that the | ||||||
3 | fee required under Section 22.8 of this
Act has been paid.
| ||||||
4 | (t) Cause or allow a lateral expansion of a municipal solid | ||||||
5 | waste landfill
unit on or after October 9, 1993, without a | ||||||
6 | permit modification, granted by the
Agency, that authorizes the | ||||||
7 | lateral expansion.
| ||||||
8 | (u) Conduct any vegetable by-product treatment, storage, | ||||||
9 | disposal or
transportation operation in violation of any | ||||||
10 | regulation, standards or permit
requirements adopted by the | ||||||
11 | Board under this Act. However, no permit shall be
required | ||||||
12 | under this Title V for the land application of vegetable | ||||||
13 | by-products
conducted pursuant to Agency permit issued under | ||||||
14 | Title III of this Act to
the generator of the vegetable | ||||||
15 | by-products. In addition, vegetable by-products
may be | ||||||
16 | transported in this State without a special waste hauling | ||||||
17 | permit, and
without the preparation and carrying of a manifest.
| ||||||
18 | (v) (Blank).
| ||||||
19 | (w) Conduct any generation, transportation, or recycling | ||||||
20 | of construction or
demolition debris, clean or general, or | ||||||
21 | uncontaminated soil generated during
construction, remodeling, | ||||||
22 | repair, and demolition of utilities, structures, and
roads that | ||||||
23 | is not commingled with any waste, without the maintenance of
| ||||||
24 | documentation identifying the hauler, generator, place of | ||||||
25 | origin of the debris
or soil, the weight or volume of the | ||||||
26 | debris or soil, and the location, owner,
and operator of the |
| |||||||
| |||||||
1 | facility where the debris or soil was transferred,
disposed, | ||||||
2 | recycled, or treated. This documentation must be maintained by | ||||||
3 | the
generator, transporter, or recycler for 3 years.
This | ||||||
4 | subsection (w) shall not apply to (1) a permitted pollution | ||||||
5 | control
facility that transfers or accepts construction or | ||||||
6 | demolition debris,
clean or general, or uncontaminated soil for | ||||||
7 | final disposal, recycling, or
treatment, (2) a public utility | ||||||
8 | (as that term is defined in the Public
Utilities Act) or a | ||||||
9 | municipal utility, (3) the Illinois Department of
| ||||||
10 | Transportation, or (4) a municipality or a county highway | ||||||
11 | department, with
the exception of any municipality or county | ||||||
12 | highway department located within a
county having a population | ||||||
13 | of over 3,000,000 inhabitants or located in a county
that
is | ||||||
14 | contiguous to a county having a population of over 3,000,000 | ||||||
15 | inhabitants;
but it shall apply to an entity that contracts | ||||||
16 | with a public utility, a
municipal utility, the Illinois | ||||||
17 | Department of Transportation, or a
municipality or a county | ||||||
18 | highway department.
The terms
"generation" and "recycling" , as
| ||||||
19 | used in this subsection , do not
apply to clean construction or | ||||||
20 | demolition debris
when (i) used as fill material below grade | ||||||
21 | outside of a setback zone
if covered by sufficient | ||||||
22 | uncontaminated soil to support vegetation within 30
days of the | ||||||
23 | completion of filling or if covered by a road or structure, | ||||||
24 | (ii)
solely broken concrete without
protruding metal bars is | ||||||
25 | used for erosion control, or (iii) milled
asphalt or crushed | ||||||
26 | concrete is used as aggregate in construction of the
shoulder |
| |||||||
| |||||||
1 | of a roadway. The terms "generation" and "recycling", as used | ||||||
2 | in this
subsection, do not apply to uncontaminated soil
that is | ||||||
3 | not commingled with any waste when (i) used as fill material | ||||||
4 | below
grade or contoured to grade, or (ii) used at the site of | ||||||
5 | generation.
| ||||||
6 | (Source: P.A. 100-103, eff. 8-11-17; 101-171, eff. 7-30-19; | ||||||
7 | revised 9-12-19.)
|