093_SB0268

 
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 1        AN ACT in relation to environmental matters.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Environmental Protection Act is amended
 5    by changing Section 22.1 as follows:

 6        (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
 7        Sec. 21. Prohibited acts.  No person shall:
 8        (a)  Cause or allow the open dumping of any waste.
 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
12    adopted by the Board.
13        (c)  Abandon  any  vehicle in violation of the "Abandoned
14    Vehicles Amendment to the Illinois Vehicle Code", as  enacted
15    by the 76th General Assembly.
16        (d)  Conduct   any   waste-storage,  waste-treatment,  or
17    waste-disposal operation:
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
22        necessary to assure compliance with  this  Act  and  with
23        regulations  and  standards adopted thereunder; provided,
24        however, that, except for municipal solid waste  landfill
25        units  that receive waste on or after October 9, 1993, no
26        permit shall be required for (i) any person conducting  a
27        waste-storage,    waste-treatment,    or   waste-disposal
28        operation for  wastes  generated  by  such  person's  own
29        activities  which are stored, treated, or disposed within
30        the site where such  wastes  are  generated,  or  (ii)  a
31        facility  located  in  a  county  with  a population over
 
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 1        700,000, operated and located in accordance with  Section
 2        22.38 of this Act, and used exclusively for the transfer,
 3        storage,   or   treatment   of  general  construction  or
 4        demolition debris;
 5             (2)  in violation of any  regulations  or  standards
 6        adopted by the Board under this Act; or
 7             (3)  which  receives  waste  after  August 31, 1988,
 8        does not have a permit issued by the Agency, and is (i) a
 9        landfill used  exclusively  for  the  disposal  of  waste
10        generated   at  the  site,  (ii)  a  surface  impoundment
11        receiving special waste not listed in  an  NPDES  permit,
12        (iii)  a waste pile in which the total volume of waste is
13        greater than 100 cubic yards or the waste is  stored  for
14        over   one  year,  or  (iv)  a  land  treatment  facility
15        receiving special waste generated at  the  site;  without
16        giving  notice  of the operation to the Agency by January
17        1, 1989, or 30 days after the date on which the operation
18        commences,  whichever  is  later,  and  every   3   years
19        thereafter.   The  form  for  such  notification shall be
20        specified  by  the  Agency,  and  shall  be  limited   to
21        information  regarding:  the  name  and  address  of  the
22        location  of  the  operation;  the type of operation; the
23        types and amounts of waste stored, treated or disposed of
24        on  an  annual  basis;  the  remaining  capacity  of  the
25        operation;  and  the  remaining  expected  life  of   the
26        operation.
27        Item  (3)  of  this subsection (d) shall not apply to any
28    person engaged in agricultural activity who is disposing of a
29    substance that constitutes solid waste, if the substance  was
30    acquired  for use by that person on his own property, and the
31    substance is disposed of on his own  property  in  accordance
32    with regulations or standards adopted by the Board.
33        This subsection (d) shall not apply to hazardous waste.
34        (e)  Dispose,  treat,  store  or  abandon  any  waste, or
 
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 1    transport any waste into this State for disposal,  treatment,
 2    storage  or  abandonment,  except at a site or facility which
 3    meets the requirements of this Act  and  of  regulations  and
 4    standards thereunder.
 5        (f)  Conduct   any   hazardous  waste-storage,  hazardous
 6    waste-treatment or hazardous waste-disposal operation:
 7             (1)  without a RCRA permit for the  site  issued  by
 8        the  Agency  under  subsection  (d) of Section 39 of this
 9        Act, or in violation of any  condition  imposed  by  such
10        permit,  including  periodic  reports  and full access to
11        adequate records and the inspection of facilities, as may
12        be necessary to assure compliance with this Act and  with
13        regulations and standards adopted thereunder; or
14             (2)  in  violation  of  any regulations or standards
15        adopted by the Board under this Act; or
16             (3)  in  violation  of  any   RCRA   permit   filing
17        requirement  established  under  standards adopted by the
18        Board under this Act; or
19             (4)  in violation of any order adopted by the  Board
20        under this Act.
21        Notwithstanding  the  above,  no  RCRA  permit  shall  be
22    required  under  this subsection or subsection (d) of Section
23    39 of this  Act  for  any  person  engaged  in   agricultural
24    activity  who  is  disposing  of  a  substance which has been
25    identified  as  a  hazardous  waste,  and  which   has   been
26    designated  by  Board  regulations  as  being subject to this
27    exception, if the substance was  acquired  for  use  by  that
28    person  on  his own property and the substance is disposed of
29    on  his  own  property  in  accordance  with  regulations  or
30    standards adopted by the Board.
31        (g)  Conduct    any    hazardous     waste-transportation
32    operation:
33             (1)  without registering with and obtaining a permit
34        from  the  Agency  in accordance with the Uniform Program
 
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 1        implemented under subsection (l-5) of Section 22.2; or
 2             (2)  in violation of any  regulations  or  standards
 3        adopted by the Board under this Act.
 4        (h)  Conduct  any  hazardous waste-recycling or hazardous
 5    waste-reclamation  or  hazardous  waste-reuse  operation   in
 6    violation   of   any   regulations,   standards   or   permit
 7    requirements adopted by the Board under this Act.
 8        (i)  Conduct  any  process  or  engage  in  any act which
 9    produces hazardous waste in violation of any  regulations  or
10    standards  adopted by the Board under subsections (a) and (c)
11    of Section 22.4 of this Act.
12        (j)  Conduct any special waste  transportation  operation
13    in   violation   of  any  regulations,  standards  or  permit
14    requirements adopted by the Board under this  Act.   However,
15    sludge  from  a  water  or  sewage  treatment plant owned and
16    operated by a unit of local government which (1)  is  subject
17    to  a  sludge  management  plan  approved  by the Agency or a
18    permit granted by the Agency, and (2)  has  been  tested  and
19    determined  not  to  be  a  hazardous  waste  as  required by
20    applicable State and federal laws  and  regulations,  may  be
21    transported  in  this  State  without a special waste hauling
22    permit, and the preparation and carrying of a manifest  shall
23    not  be  required  for  such  sludge  under  the rules of the
24    Pollution Control Board. The unit of local  government  which
25    operates the treatment plant producing such sludge shall file
26    a semiannual report with the Agency identifying the volume of
27    such  sludge  transported  during  the  reporting period, the
28    hauler of the sludge, and the disposal sites to which it  was
29    transported. This subsection (j) shall not apply to hazardous
30    waste.
31        (k)  Fail  or  refuse  to  pay any fee imposed under this
32    Act.
33        (l)  Locate a hazardous  waste  disposal  site  above  an
34    active  or  inactive shaft or tunneled mine or within 2 miles
 
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 1    of an active fault in the  earth's  crust.   In  counties  of
 2    population less than 225,000 no hazardous waste disposal site
 3    shall  be  located  (1)  within  1 1/2 miles of the corporate
 4    limits as defined on  June  30,  1978,  of  any  municipality
 5    without   the   approval   of   the  governing  body  of  the
 6    municipality in an official action; or (2) within  1000  feet
 7    of  an  existing  private  well  or  the existing source of a
 8    public water supply measured from the boundary of the  actual
 9    active permitted site and excluding existing private wells on
10    the  property of the permit applicant. The provisions of this
11    subsection do not apply to publicly-owned sewage works or the
12    disposal or utilization of sludge from publicly-owned  sewage
13    works.
14        (m)  Transfer interest in any land which has been used as
15    a  hazardous waste disposal site without written notification
16    to the Agency of the transfer and to the  transferee  of  the
17    conditions   imposed   by  the  Agency  upon  its  use  under
18    subsection (g) of Section 39.
19        (n)  Use any land which has  been  used  as  a  hazardous
20    waste  disposal  site  except  in  compliance with conditions
21    imposed by the Agency under subsection (g) of Section 39.
22        (o)  Conduct  a  sanitary  landfill  operation  which  is
23    required to have  a  permit  under  subsection  (d)  of  this
24    Section,  in  a  manner which results in any of the following
25    conditions:
26             (1)  refuse in standing or flowing waters;
27             (2)  leachate flows entering waters of the State;
28             (3)  leachate flows exiting  the  landfill  confines
29        (as  determined  by  the  boundaries  established for the
30        landfill by a permit issued by the Agency);
31             (4)  open burning of refuse in violation of  Section
32        9 of this Act;
33             (5)  uncovered  refuse  remaining  from any previous
34        operating day or at the conclusion of any operating  day,
 
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 1        unless authorized by permit;
 2             (6)  failure  to  provide  final  cover  within time
 3        limits established by Board regulations;
 4             (7)  acceptance of wastes without necessary permits;
 5             (8)  scavenging as defined by Board regulations;
 6             (9)  deposition of refuse in any unpermitted portion
 7        of the landfill;
 8             (10)  acceptance  of  a  special  waste  without   a
 9        required manifest;
10             (11)  failure  to submit reports required by permits
11        or Board regulations;
12             (12)  failure to collect and contain litter from the
13        site by the end of each operating day;
14             (13)  failure to submit any cost  estimate  for  the
15        site  or  any  performance bond or other security for the
16        site as required by this Act or Board rules.
17        The prohibitions specified in this subsection  (o)  shall
18    be   enforceable  by  the  Agency  either  by  administrative
19    citation under Section 31.1  of  this  Act  or  as  otherwise
20    provided  by  this  Act.   The  specific prohibitions in this
21    subsection do not limit the power of the Board  to  establish
22    regulations or standards applicable to sanitary landfills.
23        (p)  In  violation  of  subdivision  (a) of this Section,
24    cause or allow the open dumping of  any  waste  in  a  manner
25    which results in any of the following occurrences at the dump
26    site:
27             (1)  litter;
28             (2)  scavenging;
29             (3)  open burning;
30             (4)  deposition  of  waste  in  standing  or flowing
31        waters;
32             (5)  proliferation of disease vectors;
33             (6)  standing or flowing liquid discharge  from  the
34        dump site;
 
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 1             (7)  deposition of:
 2                  (i)  general  construction or demolition debris
 3             as defined in Section 3.160(a) of this Act; or
 4                  (ii)  clean construction or  demolition  debris
 5             as defined in Section 3.160(b) of this Act.
 6        The  prohibitions  specified in this subsection (p) shall
 7    be  enforceable  by  the  Agency  either  by   administrative
 8    citation  under  Section  31.1  of  this  Act or as otherwise
 9    provided by this Act.   The  specific  prohibitions  in  this
10    subsection  do  not limit the power of the Board to establish
11    regulations or standards applicable to open dumping.
12        (q)  Conduct  a  landscape  waste  composting   operation
13    without  an  Agency permit, provided, however, that no permit
14    shall be required for any person:
15             (1)  conducting   a   landscape   waste   composting
16        operation for landscape wastes generated by such person's
17        own activities which are stored, treated or  disposed  of
18        within the site where such wastes are generated; or
19             (2)  applying landscape waste or composted landscape
20        waste at agronomic rates; or
21             (3)  operating a landscape waste composting facility
22        on  a  farm,  if  the facility meets all of the following
23        criteria:
24                  (A)  the composting facility is operated by the
25             farmer on property on which the composting  material
26             is utilized, and the composting facility constitutes
27             no  more  than  2%  of the property's total acreage,
28             except that the Agency may allow a higher percentage
29             for individual sites where the owner or operator has
30             demonstrated to the  Agency  that  the  site's  soil
31             characteristics or crop needs require a higher rate;
32                  (B)  the   property  on  which  the  composting
33             facility is located, and any associated property  on
34             which  the  compost  is  used,  is  principally  and
 
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 1             diligently devoted to the production of agricultural
 2             crops   and   is  not  owned,  leased  or  otherwise
 3             controlled by  any  waste  hauler  or  generator  of
 4             nonagricultural  compost materials, and the operator
 5             of the  composting  facility  is  not  an  employee,
 6             partner,  shareholder,  or in any way connected with
 7             or controlled by any such waste hauler or generator;
 8                  (C)  all compost generated  by  the  composting
 9             facility  is  applied at agronomic rates and used as
10             mulch,  fertilizer  or  soil  conditioner  on   land
11             actually   farmed   by   the  person  operating  the
12             composting facility, and the finished compost is not
13             stored at the composting site for  a  period  longer
14             than  18  months  prior to its application as mulch,
15             fertilizer, or soil conditioner;
16                  (D)  the owner or operator, by January 1,  1990
17             (or   the   January   1  following  commencement  of
18             operation, whichever is later) and January 1 of each
19             year thereafter, (i) registers  the  site  with  the
20             Agency,  (ii) reports to the Agency on the volume of
21             composting material received and used at  the  site,
22             (iii) certifies to the Agency that the site complies
23             with  the  requirements  set  forth in subparagraphs
24             (A), (B) and (C) of this paragraph (q)(3), and  (iv)
25             certifies to the Agency that all composting material
26             was  placed  more  than  200  feet  from the nearest
27             potable water supply well, was  placed  outside  the
28             boundary  of  the 10-year floodplain or on a part of
29             the site that is floodproofed, was placed  at  least
30             1/4  mile  from  the nearest residence (other than a
31             residence  located  on  the  same  property  as  the
32             facility) and there are not more  than  10  occupied
33             non-farm   residences   within   1/2   mile  of  the
34             boundaries of the site on the date  of  application,
 
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 1             and  was  placed  more  than  5 feet above the water
 2             table.
 3        For the  purposes  of  this  subsection  (q),  "agronomic
 4    rates"  means  the  application  of not more than 20 tons per
 5    acre per year, except that the Agency may allow a higher rate
 6    for  individual  sites  where  the  owner  or  operator   has
 7    demonstrated   to   the   Agency   that   the   site's   soil
 8    characteristics or crop needs require a higher rate.
 9        (r)  Cause  or  allow  the  storage  or  disposal of coal
10    combustion waste unless:
11             (1)  such waste is stored or disposed of at  a  site
12        or  facility  for  which a permit has been obtained or is
13        not otherwise  required  under  subsection  (d)  of  this
14        Section; or
15             (2)  such  waste  is stored or disposed of as a part
16        of the design and reclamation of a site or facility which
17        is  an  abandoned  mine  site  in  accordance  with   the
18        Abandoned Mined Lands and Water Reclamation Act; or
19             (3)  such  waste  is stored or disposed of at a site
20        or facility which is operating under NPDES and Subtitle D
21        permits issued by  the  Agency  pursuant  to  regulations
22        adopted by the Board for mine-related water pollution and
23        permits  issued  pursuant  to  the Federal Surface Mining
24        Control and Reclamation Act of 1977 (P.L. 95-87)  or  the
25        rules  and  regulations  thereunder or any law or rule or
26        regulation adopted by  the  State  of  Illinois  pursuant
27        thereto, and the owner or operator of the facility agrees
28        to accept the waste; and either
29                  (i)  such  waste  is  stored  or disposed of in
30             accordance with requirements  applicable  to  refuse
31             disposal  under regulations adopted by the Board for
32             mine-related water pollution and pursuant  to  NPDES
33             and  Subtitle  D  permits issued by the Agency under
34             such regulations; or
 
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 1                  (ii)  the owner or  operator  of  the  facility
 2             demonstrates all of the following to the Agency, and
 3             the  facility  is  operated  in  accordance with the
 4             demonstration as approved by  the  Agency:  (1)  the
 5             disposal  area will be covered in a manner that will
 6             support continuous vegetation, (2) the facility will
 7             be adequately protected from wind and water erosion,
 8             (3) the pH will  be  maintained  so  as  to  prevent
 9             excessive  leaching  of metal ions, and (4) adequate
10             containment or other measures will  be  provided  to
11             protect   surface   water   and   groundwater   from
12             contamination  at levels prohibited by this Act, the
13             Illinois Groundwater Protection Act, or  regulations
14             adopted pursuant thereto.
15        Notwithstanding  any  other  provision of this Title, the
16    disposal of coal combustion waste pursuant to item (2) or (3)
17    of this subdivision  (r)  shall  be  exempt  from  the  other
18    provisions   of   this   Title  V,  and  notwithstanding  the
19    provisions of Title X of this Act, the Agency  is  authorized
20    to grant experimental permits which include provision for the
21    disposal  of  wastes  from  the  combustion of coal and other
22    materials pursuant to items (2) and (3) of  this  subdivision
23    (r).
24        (s)  After  April  1,  1989,  offer  for  transportation,
25    transport, deliver, receive or accept special waste for which
26    a  manifest  is  required, unless the manifest indicates that
27    the fee required under Section 22.8  of  this  Act  has  been
28    paid.
29        (t)  Cause  or  allow  a lateral expansion of a municipal
30    solid waste landfill  unit  on  or  after  October  9,  1993,
31    without  a  permit  modification, granted by the Agency, that
32    authorizes the lateral expansion.
33        (u)  Conduct any vegetable by-product treatment, storage,
34    disposal or transportation  operation  in  violation  of  any
 
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 1    regulation,  standards  or permit requirements adopted by the
 2    Board under this Act. However, no permit  shall  be  required
 3    under  this  Title  V  for  the land application of vegetable
 4    by-products conducted pursuant to Agency permit issued  under
 5    Title  III  of  this  Act  to  the generator of the vegetable
 6    by-products.  In  addition,  vegetable  by-products  may   be
 7    transported  in  this  State  without a special waste hauling
 8    permit,  and  without  the  preparation  and  carrying  of  a
 9    manifest.
10        (v)  (Blank).
11        (w)  Conduct any generation, transportation, or recycling
12    of construction or demolition debris, clean  or  general,  or
13    uncontaminated    soil    generated    during   construction,
14    remodeling, repair, and demolition of utilities,  structures,
15    and  roads that is not commingled with any waste, without the
16    maintenance  of   documentation   identifying   the   hauler,
17    generator,  place of origin of the debris or soil, the weight
18    or volume of the debris or soil, and the location, owner, and
19    operator of  the  facility  where  the  debris  or  soil  was
20    transferred,    disposed,   recycled,   or   treated.    This
21    documentation  must   be   maintained   by   the   generator,
22    transporter,  or  recycler  for 3 years.  This subsection (w)
23    shall not apply to (1) a permitted pollution control facility
24    that transfers or accepts construction or demolition  debris,
25    clean  or general, or uncontaminated soil for final disposal,
26    recycling, or treatment, (2) a public utility (as  that  term
27    is  defined  in  the  Public  Utilities  Act)  or a municipal
28    utility, or (3) the Illinois Department of Transportation, or
29    (4) a county highway department; but it  shall  apply  to  an
30    entity  that  contracts  with  a  public utility, a municipal
31    utility, or the Illinois Department of Transportation,  or  a
32    county   highway  department.   The  terms  "generation"  and
33    "recycling" as used in this subsection do not apply to  clean
34    construction  or  demolition  debris  when  (i)  used as fill
 
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 1    material below grade outside of a setback zone if covered  by
 2    sufficient  uncontaminated  soil to support vegetation within
 3    30 days of the completion of filling or if covered by a  road
 4    or  structure, (ii) solely broken concrete without protruding
 5    metal bars is used  for  erosion  control,  or  (iii)  milled
 6    asphalt   or   crushed  concrete  is  used  as  aggregate  in
 7    construction  of  the  shoulder  of  a  roadway.   The  terms
 8    "generation" and "recycling", as used in this subsection,  do
 9    not  apply to uncontaminated soil that is not commingled with
10    any waste when (i) used  as  fill  material  below  grade  or
11    contoured to grade, or (ii) used at the site of generation.
12    (Source: P.A. 91-72, eff. 7-9-99; 92-574, eff. 6-26-02.)