Sen. Terry Link

Filed: 2/23/2009

 

 


 

 


 
09600SB0125sam001 LRB096 04543 JDS 21281 a

1
AMENDMENT TO SENATE BILL 125

2     AMENDMENT NO. ______. Amend Senate Bill 125 as follows:
 
3 on page 1, line 5, by replacing "Section 3.330" with "Sections
4 3.330, 21, and 22.38"; and
 
5 on page 6, below line 13, by inserting the following:
 
 
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 adopted
12 by the Board.
13     (c) Abandon any vehicle in violation of the "Abandoned
14 Vehicles Amendment to the Illinois Vehicle Code", as enacted by

 

 

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1 the 76th General Assembly.
2     (d) Conduct any waste-storage, waste-treatment, or
3 waste-disposal operation:
4         (1) without a permit granted by the Agency or in
5     violation of any conditions imposed by such permit,
6     including periodic reports and full access to adequate
7     records and the inspection of facilities, as may be
8     necessary to assure compliance with this Act and with
9     regulations and standards adopted thereunder; provided,
10     however, that, except for municipal solid waste landfill
11     units that receive waste on or after October 9, 1993, no
12     permit shall be required for (i) any person conducting a
13     waste-storage, waste-treatment, or waste-disposal
14     operation for wastes generated by such person's own
15     activities which are stored, treated, or disposed within
16     the site where such wastes are generated, or (ii) a
17     facility located in a county with a population over 700,000
18     as of January 1, 2000, operated and located in accordance
19     with Section 22.38 of this Act, and used exclusively for
20     the transfer, storage, or treatment of general
21     construction or demolition debris, provided that the
22     facility was receiving construction or demolition debris
23     on the effective date of this amendatory Act of the 96th
24     General Assembly;
25         (2) in violation of any regulations or standards
26     adopted by the Board under this Act; or

 

 

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1         (3) which receives waste after August 31, 1988, does
2     not have a permit issued by the Agency, and is (i) a
3     landfill used exclusively for the disposal of waste
4     generated at the site, (ii) a surface impoundment receiving
5     special waste not listed in an NPDES permit, (iii) a waste
6     pile in which the total volume of waste is greater than 100
7     cubic yards or the waste is stored for over one year, or
8     (iv) a land treatment facility receiving special waste
9     generated at the site; without giving notice of the
10     operation to the Agency by January 1, 1989, or 30 days
11     after the date on which the operation commences, whichever
12     is later, and every 3 years thereafter. The form for such
13     notification shall be specified by the Agency, and shall be
14     limited to information regarding: the name and address of
15     the location of the operation; the type of operation; the
16     types and amounts of waste stored, treated or disposed of
17     on an annual basis; the remaining capacity of the
18     operation; and the remaining expected life of the
19     operation.
20     Item (3) of this subsection (d) shall not apply to any
21 person engaged in agricultural activity who is disposing of a
22 substance that constitutes solid waste, if the substance was
23 acquired for use by that person on his own property, and the
24 substance is disposed of on his own property in accordance with
25 regulations or standards adopted by the Board.
26     This subsection (d) shall not apply to hazardous waste.

 

 

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1     (e) Dispose, treat, store or abandon any waste, or
2 transport any waste into this State for disposal, treatment,
3 storage or abandonment, except at a site or facility which
4 meets the requirements of this Act and of regulations and
5 standards thereunder.
6     (f) Conduct any hazardous waste-storage, hazardous
7 waste-treatment or hazardous waste-disposal operation:
8         (1) without a RCRA permit for the site issued by the
9     Agency under subsection (d) of Section 39 of this Act, or
10     in violation of any condition imposed by such permit,
11     including periodic reports and full access to adequate
12     records and the inspection of facilities, as may be
13     necessary to assure compliance with this Act and with
14     regulations and standards adopted thereunder; or
15         (2) in violation of any regulations or standards
16     adopted by the Board under this Act; or
17         (3) in violation of any RCRA permit filing requirement
18     established under standards adopted by the Board under this
19     Act; or
20         (4) in violation of any order adopted by the Board
21     under this Act.
22     Notwithstanding the above, no RCRA permit shall be required
23 under this subsection or subsection (d) of Section 39 of this
24 Act for any person engaged in agricultural activity who is
25 disposing of a substance which has been identified as a
26 hazardous waste, and which has been designated by Board

 

 

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1 regulations as being subject to this exception, if the
2 substance was acquired for use by that person on his own
3 property and the substance is disposed of on his own property
4 in accordance with regulations or standards adopted by the
5 Board.
6     (g) Conduct any hazardous waste-transportation operation:
7         (1) without registering with and obtaining a permit
8     from the Agency in accordance with the Uniform Program
9     implemented under subsection (l-5) of Section 22.2; or
10         (2) in violation of any regulations or standards
11     adopted by the Board under this Act.
12     (h) Conduct any hazardous waste-recycling or hazardous
13 waste-reclamation or hazardous waste-reuse operation in
14 violation of any regulations, standards or permit requirements
15 adopted by the Board under this Act.
16     (i) Conduct any process or engage in any act which produces
17 hazardous waste in violation of any regulations or standards
18 adopted by the Board under subsections (a) and (c) of Section
19 22.4 of this Act.
20     (j) Conduct any special waste transportation operation in
21 violation of any regulations, standards or permit requirements
22 adopted by the Board under this Act. However, sludge from a
23 water or sewage treatment plant owned and operated by a unit of
24 local government which (1) is subject to a sludge management
25 plan approved by the Agency or a permit granted by the Agency,
26 and (2) has been tested and determined not to be a hazardous

 

 

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1 waste as required by applicable State and federal laws and
2 regulations, may be transported in this State without a special
3 waste hauling permit, and the preparation and carrying of a
4 manifest shall not be required for such sludge under the rules
5 of the Pollution Control Board. The unit of local government
6 which operates the treatment plant producing such sludge shall
7 file a semiannual report with the Agency identifying the volume
8 of such sludge transported during the reporting period, the
9 hauler of the sludge, and the disposal sites to which it was
10 transported. This subsection (j) shall not apply to hazardous
11 waste.
12     (k) Fail or refuse to pay any fee imposed under this Act.
13     (l) Locate a hazardous waste disposal site above an active
14 or inactive shaft or tunneled mine or within 2 miles of an
15 active fault in the earth's crust. In counties of population
16 less than 225,000 no hazardous waste disposal site shall be
17 located (1) within 1 1/2 miles of the corporate limits as
18 defined on June 30, 1978, of any municipality without the
19 approval of the governing body of the municipality in an
20 official action; or (2) within 1000 feet of an existing private
21 well or the existing source of a public water supply measured
22 from the boundary of the actual active permitted site and
23 excluding existing private wells on the property of the permit
24 applicant. The provisions of this subsection do not apply to
25 publicly-owned sewage works or the disposal or utilization of
26 sludge from publicly-owned sewage works.

 

 

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1     (m) Transfer interest in any land which has been used as a
2 hazardous waste disposal site without written notification to
3 the Agency of the transfer and to the transferee of the
4 conditions imposed by the Agency upon its use under subsection
5 (g) of Section 39.
6     (n) Use any land which has been used as a hazardous waste
7 disposal site except in compliance with conditions imposed by
8 the Agency under subsection (g) of Section 39.
9     (o) Conduct a sanitary landfill operation which is required
10 to have a permit under subsection (d) of this Section, in a
11 manner which results in any of the following conditions:
12         (1) refuse in standing or flowing waters;
13         (2) leachate flows entering waters of the State;
14         (3) leachate flows exiting the landfill confines (as
15     determined by the boundaries established for the landfill
16     by a permit issued by the Agency);
17         (4) open burning of refuse in violation of Section 9 of
18     this Act;
19         (5) uncovered refuse remaining from any previous
20     operating day or at the conclusion of any operating day,
21     unless authorized by permit;
22         (6) failure to provide final cover within time limits
23     established by Board regulations;
24         (7) acceptance of wastes without necessary permits;
25         (8) scavenging as defined by Board regulations;
26         (9) deposition of refuse in any unpermitted portion of

 

 

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1     the landfill;
2         (10) acceptance of a special waste without a required
3     manifest;
4         (11) failure to submit reports required by permits or
5     Board regulations;
6         (12) failure to collect and contain litter from the
7     site by the end of each operating day;
8         (13) failure to submit any cost estimate for the site
9     or any performance bond or other security for the site as
10     required by this Act or Board rules.
11     The prohibitions specified in this subsection (o) shall be
12 enforceable by the Agency either by administrative citation
13 under Section 31.1 of this Act or as otherwise provided by this
14 Act. The specific prohibitions in this subsection do not limit
15 the power of the Board to establish regulations or standards
16 applicable to sanitary landfills.
17     (p) In violation of subdivision (a) of this Section, cause
18 or allow the open dumping of any waste in a manner which
19 results in any of the following occurrences at the dump site:
20         (1) litter;
21         (2) scavenging;
22         (3) open burning;
23         (4) deposition of waste in standing or flowing waters;
24         (5) proliferation of disease vectors;
25         (6) standing or flowing liquid discharge from the dump
26     site;

 

 

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1         (7) deposition of:
2             (i) general construction or demolition debris as
3         defined in Section 3.160(a) of this Act; or
4             (ii) clean construction or demolition debris as
5         defined in Section 3.160(b) of this Act.
6     The prohibitions specified in this subsection (p) shall be
7 enforceable by the Agency either by administrative citation
8 under Section 31.1 of this Act or as otherwise provided by this
9 Act. The specific prohibitions in this subsection do not limit
10 the power of the Board to establish regulations or standards
11 applicable to open dumping.
12     (q) Conduct a landscape waste composting operation without
13 an Agency permit, provided, however, that no permit shall be
14 required for any person:
15         (1) conducting a landscape waste composting operation
16     for landscape wastes generated by such person's own
17     activities which are stored, treated or disposed of within
18     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 on
22     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 is
26         utilized, and the composting facility constitutes no

 

 

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1         more than 2% of the property's total acreage, except
2         that the Agency may allow a higher percentage for
3         individual sites where the owner or operator has
4         demonstrated to the Agency that the site's soil
5         characteristics or crop needs require a higher rate;
6             (B) the property on which the composting facility
7         is located, and any associated property on which the
8         compost is used, is principally and diligently devoted
9         to the production of agricultural crops and is not
10         owned, leased or otherwise controlled by any waste
11         hauler or generator of nonagricultural compost
12         materials, and the operator of the composting facility
13         is not an employee, partner, shareholder, or in any way
14         connected with or controlled by any such waste hauler
15         or generator;
16             (C) all compost generated by the composting
17         facility is applied at agronomic rates and used as
18         mulch, 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) the owner or operator, by January 1, 1990 (or
25         the January 1 following commencement of operation,
26         whichever is later) and January 1 of each year

 

 

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1         thereafter, (i) registers the site with the Agency,
2         (ii) reports to the Agency on the volume of composting
3         material received and used at the site, (iii) certifies
4         to the Agency that the site complies with the
5         requirements set forth in subparagraphs (A), (B) and
6         (C) of this paragraph (q)(3), and (iv) certifies to the
7         Agency that all composting material was placed more
8         than 200 feet from the nearest potable water supply
9         well, was placed outside the boundary of the 10-year
10         floodplain or on a part of the site that is
11         floodproofed, was placed at least 1/4 mile from the
12         nearest residence (other than a residence located on
13         the same property as the facility) and there are not
14         more than 10 occupied non-farm residences within 1/2
15         mile of the boundaries of the site on the date of
16         application, and was placed more than 5 feet above the
17         water table.
18     For the purposes of this subsection (q), "agronomic rates"
19 means the application of not more than 20 tons per acre per
20 year, except that the Agency may allow a higher rate for
21 individual sites where the owner or operator has demonstrated
22 to the Agency that the site's soil characteristics or crop
23 needs require a higher rate.
24     (r) Cause or allow the storage or disposal of coal
25 combustion waste unless:
26         (1) such waste is stored or disposed of at a site or

 

 

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1     facility for which a permit has been obtained or is not
2     otherwise required under subsection (d) of this Section; or
3         (2) such waste is stored or disposed of as a part of
4     the design and reclamation of a site or facility which is
5     an abandoned mine site in accordance with the Abandoned
6     Mined Lands and Water Reclamation Act; or
7         (3) such waste is stored or disposed of at a site or
8     facility which is operating under NPDES and Subtitle D
9     permits issued by the Agency pursuant to regulations
10     adopted by the Board for mine-related water pollution and
11     permits issued pursuant to the Federal Surface Mining
12     Control and Reclamation Act of 1977 (P.L. 95-87) or the
13     rules and regulations thereunder or any law or rule or
14     regulation adopted by the State of Illinois pursuant
15     thereto, and the owner or operator of the facility agrees
16     to accept the waste; and either
17             (i) such waste is stored or disposed of in
18         accordance with requirements applicable to refuse
19         disposal under regulations adopted by the Board for
20         mine-related water pollution and pursuant to NPDES and
21         Subtitle D permits issued by the Agency under such
22         regulations; or
23             (ii) the owner or operator of the facility
24         demonstrates all of the following to the Agency, and
25         the facility is operated in accordance with the
26         demonstration as approved by the Agency: (1) the

 

 

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1         disposal area will be covered in a manner that will
2         support continuous vegetation, (2) the facility will
3         be adequately protected from wind and water erosion,
4         (3) the pH will be maintained so as to prevent
5         excessive leaching of metal ions, and (4) adequate
6         containment or other measures will be provided to
7         protect surface water and groundwater from
8         contamination at levels prohibited by this Act, the
9         Illinois Groundwater Protection Act, or regulations
10         adopted pursuant thereto.
11     Notwithstanding any other provision of this Title, the
12 disposal of coal combustion waste pursuant to item (2) or (3)
13 of this subdivision (r) shall be exempt from the other
14 provisions of this Title V, and notwithstanding the provisions
15 of Title X of this Act, the Agency is authorized to grant
16 experimental permits which include provision for the disposal
17 of wastes from the combustion of coal and other materials
18 pursuant to items (2) and (3) of this subdivision (r).
19     (s) After April 1, 1989, offer for transportation,
20 transport, deliver, receive or accept special waste for which a
21 manifest is required, unless the manifest indicates that the
22 fee required under Section 22.8 of this Act has been paid.
23     (t) Cause or allow a lateral expansion of a municipal solid
24 waste landfill unit on or after October 9, 1993, without a
25 permit modification, granted by the Agency, that authorizes the
26 lateral expansion.

 

 

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1     (u) Conduct any vegetable by-product treatment, storage,
2 disposal or transportation operation in violation of any
3 regulation, standards or permit requirements adopted by the
4 Board under this Act. However, no permit shall be required
5 under this Title V for the land application of vegetable
6 by-products conducted pursuant to Agency permit issued under
7 Title III of this Act to the generator of the vegetable
8 by-products. In addition, vegetable by-products may be
9 transported in this State without a special waste hauling
10 permit, and without the preparation and carrying of a manifest.
11     (v) (Blank).
12     (w) Conduct any generation, transportation, or recycling
13 of construction or demolition debris, clean or general, or
14 uncontaminated soil generated during construction, remodeling,
15 repair, and demolition of utilities, structures, and roads that
16 is not commingled with any waste, without the maintenance of
17 documentation identifying the hauler, generator, place of
18 origin of the debris or soil, the weight or volume of the
19 debris or soil, and the location, owner, and operator of the
20 facility where the debris or soil was transferred, disposed,
21 recycled, or treated. This documentation must be maintained by
22 the generator, transporter, or recycler for 3 years. This
23 subsection (w) shall not apply to (1) a permitted pollution
24 control facility that transfers or accepts construction or
25 demolition debris, clean or general, or uncontaminated soil for
26 final disposal, recycling, or treatment, (2) a public utility

 

 

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1 (as that term is defined in the Public Utilities Act) or a
2 municipal utility, (3) the Illinois Department of
3 Transportation, or (4) a municipality or a county highway
4 department, with the exception of any municipality or county
5 highway department located within a county having a population
6 of over 3,000,000 inhabitants or located in a county that is
7 contiguous to a county having a population of over 3,000,000
8 inhabitants; but it shall apply to an entity that contracts
9 with a public utility, a municipal utility, the Illinois
10 Department of Transportation, or a municipality or a county
11 highway department. The terms "generation" and "recycling" as
12 used in this subsection do not apply to clean construction or
13 demolition debris when (i) used as fill material below grade
14 outside of a setback zone if covered by sufficient
15 uncontaminated soil to support vegetation within 30 days of the
16 completion of filling or if covered by a road or structure,
17 (ii) solely broken concrete without protruding metal bars is
18 used for erosion control, or (iii) milled asphalt or crushed
19 concrete is used as aggregate in construction of the shoulder
20 of a roadway. The terms "generation" and "recycling", as used
21 in this subsection, do not apply to uncontaminated soil that is
22 not commingled with any waste when (i) used as fill material
23 below grade or contoured to grade, or (ii) used at the site of
24 generation.
25 (Source: P.A. 93-179, eff. 7-11-03; 94-94, eff. 7-1-05.)
 

 

 

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1     (415 ILCS 5/22.38)
2     Sec. 22.38. Facilities accepting exclusively general
3 construction or demolition debris for transfer, storage, or
4 treatment.
5     (a) Facilities accepting exclusively general construction
6 or demolition debris for transfer, storage, or treatment shall
7 be subject to local zoning, ordinance, and land use
8 requirements. Those facilities shall be located in accordance
9 with local zoning requirements or, in the absence of local
10 zoning requirements, shall be located so that no part of the
11 facility boundary is closer than 1,320 feet from the nearest
12 property zoned for primarily residential use.
13     (b) An owner or operator of a facility accepting
14 exclusively general construction or demolition debris for
15 transfer, storage, or treatment shall:
16         (1) Within within 48 hours of receipt of the general
17     construction or demolition debris at the facility, sort the
18     general construction or demolition debris to separate the
19     recyclable general construction or demolition debris from
20     non-recyclable general construction or demolition debris
21     to be disposed of or discarded. ;
22         (2) Transport transport off site for disposal all
23     non-recyclable general construction or demolition debris
24     in accordance with all applicable federal, State, and local
25     requirements within 72 hours of its receipt at the
26     facility. ;

 

 

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1         (3) Limit limit the percentage of incoming
2     non-recyclable general construction or demolition debris
3     to 25% or less of the total incoming general construction
4     or demolition debris, as calculated on a daily basis. ;
5         (4) Transport transport all non-putrescible recyclable
6     general construction or demolition debris for recycling or
7     disposal within 6 months of its receipt at the facility. ;
8         (5) Transport transport all putrescible or combustible
9     recyclable general construction or demolition debris for
10     recycling or disposal within 45 days of its receipt at the
11     facility. ;
12         (6) Employ employ tagging and recordkeeping procedures
13     to (i) demonstrate compliance with this Section and (ii)
14     identify the source and transporter of material accepted by
15     the facility. ;
16         (7) Control control odor, noise, combustion of
17     materials, disease vectors, dust, and litter. ;
18         (8) Control control, manage, and dispose of any storm
19     water runoff and leachate generated at the facility in
20     accordance with applicable federal, State, and local
21     requirements. ;
22         (9) control access to the facility;
23         (10) Comply comply with all applicable federal, State,
24     or local requirements for the handling, storage,
25     transportation, or disposal of asbestos-containing
26     material or other material accepted at the facility that is

 

 

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1     not general construction or demolition debris. ; and
2         (11) Prior to the effective date of this amendatory Act
3     of the 96th General Assembly, submit to the Agency at least
4     30 days prior to the initial acceptance of general
5     construction or demolition debris at the facility, on forms
6     provided by the Agency, the following information:
7             (A) the name, address, and telephone number of both
8         the facility owner and operator;
9             (B) the street address and location of the
10         facility;
11             (C) a description of facility operations;
12             (D) a description of the tagging and recordkeeping
13         procedures the facility will employ to (i) demonstrate
14         compliance with this Section and (ii) identify the
15         source and transporter of any material accepted by the
16         facility;
17             (E) the name and location of the disposal site to
18         be used for the transportation and disposal of
19         non-recyclable materials accepted at the facility;
20             (F) the name and location of an individual,
21         facility, or business to which recyclable materials
22         will be transported; and
23             (G) other information as specified on the form
24         provided by the Agency.
25         (12) On or after the effective date of this amendatory
26     Act of the 96th General Assembly, obtain a permit issued by

 

 

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1     the Agency prior to the initial acceptance of general
2     construction or demolition debris at the facility.
3         When any of the information contained or processes
4     described in the initial notification form submitted to the
5     Agency changes, the owner and operator shall submit an
6     updated form within 14 days of the change.
7     (c) For purposes of this Section, the term "recyclable
8 general construction or demolition debris" means general
9 construction or demolition debris that has been rendered
10 reusable and is reused or that would otherwise be disposed of
11 or discarded but is collected, separated, or processed and
12 returned to the economic mainstream in the form of raw
13 materials or products. "Recyclable general construction or
14 demolition debris" does not include general construction or
15 demolition debris processed for use as fuel, incinerated,
16 burned, buried, or otherwise used as fill material.
17     (d) For purposes of this Section, "treatment" means
18 processing designed to alter the physical nature of the general
19 construction or demolition debris, including but not limited to
20 size reduction, crushing, grinding, or homogenization, but
21 does not include processing designed to change the chemical
22 nature of the general construction or demolition debris.
23 (Source: P.A. 90-475, eff. 8-17-97.)".