97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3620

 

Introduced 2/24/2011, by Rep. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/21  from Ch. 111 1/2, par. 1021

    Amends the Environmental Protection Act. Provides that it is not a violation of the Act to store or dispose of coal combustion waste that is reused as structural fill at a site or facility, if that waste is fully encapsulated. Defines "fully encapsulated" and "structural fill".


LRB097 09237 JDS 49372 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3620LRB097 09237 JDS 49372 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 21 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
10highways or other public property, except in a sanitary
11landfill approved by the Agency pursuant to regulations adopted
12by the Board.
13    (c) Abandon any vehicle in violation of the "Abandoned
14Vehicles Amendment to the Illinois Vehicle Code", as enacted by
15the 76th General Assembly.
16    (d) Conduct any waste-storage, waste-treatment, or
17waste-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,

 

 

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1    however, that, except for municipal solid waste landfill
2    units that receive waste on or after October 9, 1993, no
3    permit shall be required for (i) any person conducting a
4    waste-storage, waste-treatment, or waste-disposal
5    operation for wastes generated by such person's own
6    activities which are stored, treated, or disposed within
7    the site where such wastes are generated, or (ii) a
8    facility located in a county with a population over 700,000
9    as of January 1, 2000, operated and located in accordance
10    with Section 22.38 of this Act, and used exclusively for
11    the transfer, storage, or treatment of general
12    construction or demolition debris, provided that the
13    facility was receiving construction or demolition debris
14    on the effective date of this amendatory Act of the 96th
15    General Assembly;
16        (2) in violation of any regulations or standards
17    adopted by the Board under this Act; or
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.
11    Item (3) of this subsection (d) shall not apply to any
12person engaged in agricultural activity who is disposing of a
13substance that constitutes solid waste, if the substance was
14acquired for use by that person on his own property, and the
15substance is disposed of on his own property in accordance with
16regulations or standards adopted by the Board.
17    This subsection (d) shall not apply to hazardous waste.
18    (e) Dispose, treat, store or abandon any waste, or
19transport any waste into this State for disposal, treatment,
20storage or abandonment, except at a site or facility which
21meets the requirements of this Act and of regulations and
22standards thereunder.
23    (f) Conduct any hazardous waste-storage, hazardous
24waste-treatment or hazardous waste-disposal operation:
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
6        (2) in violation of any regulations or standards
7    adopted by the Board under this Act; or
8        (3) in violation of any RCRA permit filing requirement
9    established under standards adopted by the Board under this
10    Act; or
11        (4) in violation of any order adopted by the Board
12    under this Act.
13    Notwithstanding the above, no RCRA permit shall be required
14under this subsection or subsection (d) of Section 39 of this
15Act for any person engaged in agricultural activity who is
16disposing of a substance which has been identified as a
17hazardous waste, and which has been designated by Board
18regulations as being subject to this exception, if the
19substance was acquired for use by that person on his own
20property and the substance is disposed of on his own property
21in accordance with regulations or standards adopted by the
22Board.
23    (g) Conduct any hazardous waste-transportation operation:
24        (1) without registering with and obtaining a permit
25    from the Agency in accordance with the Uniform Program
26    implemented under subsection (l-5) of Section 22.2; or

 

 

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1        (2) in violation of any regulations or standards
2    adopted by the Board under this Act.
3    (h) Conduct any hazardous waste-recycling or hazardous
4waste-reclamation or hazardous waste-reuse operation in
5violation of any regulations, standards or permit requirements
6adopted by the Board under this Act.
7    (i) Conduct any process or engage in any act which produces
8hazardous waste in violation of any regulations or standards
9adopted by the Board under subsections (a) and (c) of Section
1022.4 of this Act.
11    (j) Conduct any special waste transportation operation in
12violation of any regulations, standards or permit requirements
13adopted by the Board under this Act. However, sludge from a
14water or sewage treatment plant owned and operated by a unit of
15local government which (1) is subject to a sludge management
16plan approved by the Agency or a permit granted by the Agency,
17and (2) has been tested and determined not to be a hazardous
18waste as required by applicable State and federal laws and
19regulations, may be transported in this State without a special
20waste hauling permit, and the preparation and carrying of a
21manifest shall not be required for such sludge under the rules
22of the Pollution Control Board. The unit of local government
23which operates the treatment plant producing such sludge shall
24file a semiannual report with the Agency identifying the volume
25of such sludge transported during the reporting period, the
26hauler of the sludge, and the disposal sites to which it was

 

 

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1transported. This subsection (j) shall not apply to hazardous
2waste.
3    (k) Fail or refuse to pay any fee imposed under this Act.
4    (l) Locate a hazardous waste disposal site above an active
5or inactive shaft or tunneled mine or within 2 miles of an
6active fault in the earth's crust. In counties of population
7less than 225,000 no hazardous waste disposal site shall be
8located (1) within 1 1/2 miles of the corporate limits as
9defined on June 30, 1978, of any municipality without the
10approval of the governing body of the municipality in an
11official action; or (2) within 1000 feet of an existing private
12well or the existing source of a public water supply measured
13from the boundary of the actual active permitted site and
14excluding existing private wells on the property of the permit
15applicant. The provisions of this subsection do not apply to
16publicly-owned sewage works or the disposal or utilization of
17sludge from publicly-owned sewage works.
18    (m) Transfer interest in any land which has been used as a
19hazardous waste disposal site without written notification to
20the Agency of the transfer and to the transferee of the
21conditions imposed by the Agency upon its use under subsection
22(g) of Section 39.
23    (n) Use any land which has been used as a hazardous waste
24disposal site except in compliance with conditions imposed by
25the Agency under subsection (g) of Section 39.
26    (o) Conduct a sanitary landfill operation which is required

 

 

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1to have a permit under subsection (d) of this Section, in a
2manner which results in any of the following conditions:
3        (1) refuse in standing or flowing waters;
4        (2) leachate flows entering waters of the State;
5        (3) leachate flows exiting the landfill confines (as
6    determined by the boundaries established for the landfill
7    by a permit issued by the Agency);
8        (4) open burning of refuse in violation of Section 9 of
9    this Act;
10        (5) uncovered refuse remaining from any previous
11    operating day or at the conclusion of any operating day,
12    unless authorized by permit;
13        (6) failure to provide final cover within time limits
14    established by Board regulations;
15        (7) acceptance of wastes without necessary permits;
16        (8) scavenging as defined by Board regulations;
17        (9) deposition of refuse in any unpermitted portion of
18    the landfill;
19        (10) acceptance of a special waste without a required
20    manifest;
21        (11) failure to submit reports required by permits or
22    Board regulations;
23        (12) failure to collect and contain litter from the
24    site by the end of each operating day;
25        (13) failure to submit any cost estimate for the site
26    or any performance bond or other security for the site as

 

 

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1    required by this Act or Board rules.
2    The prohibitions specified in this subsection (o) shall be
3enforceable by the Agency either by administrative citation
4under Section 31.1 of this Act or as otherwise provided by this
5Act. The specific prohibitions in this subsection do not limit
6the power of the Board to establish regulations or standards
7applicable to sanitary landfills.
8    (p) In violation of subdivision (a) of this Section, cause
9or allow the open dumping of any waste in a manner which
10results in any of the following occurrences at the dump site:
11        (1) litter;
12        (2) scavenging;
13        (3) open burning;
14        (4) deposition of waste in standing or flowing waters;
15        (5) proliferation of disease vectors;
16        (6) standing or flowing liquid discharge from the dump
17    site;
18        (7) deposition of:
19            (i) general construction or demolition debris as
20        defined in Section 3.160(a) of this Act; or
21            (ii) clean construction or demolition debris as
22        defined in Section 3.160(b) of this Act.
23    The prohibitions specified in this subsection (p) shall be
24enforceable by the Agency either by administrative citation
25under Section 31.1 of this Act or as otherwise provided by this
26Act. The specific prohibitions in this subsection do not limit

 

 

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1the power of the Board to establish regulations or standards
2applicable to open dumping.
3    (q) Conduct a landscape waste composting operation without
4an Agency permit, provided, however, that no permit shall be
5required for any person:
6        (1) conducting a landscape waste composting operation
7    for landscape wastes generated by such person's own
8    activities which are stored, treated or disposed of within
9    the site where such wastes are generated; or
10        (2) applying landscape waste or composted landscape
11    waste at agronomic rates; or
12        (3) operating a landscape waste composting facility on
13    a farm, if the facility meets all of the following
14    criteria:
15            (A) the composting facility is operated by the
16        farmer on property on which the composting material is
17        utilized, and the composting facility constitutes no
18        more than 2% of the property's total acreage, except
19        that the Agency may allow a higher percentage for
20        individual sites where the owner or operator has
21        demonstrated to the Agency that the site's soil
22        characteristics or crop needs require a higher rate;
23            (B) the property on which the composting facility
24        is located, and any associated property on which the
25        compost is used, is principally and diligently devoted
26        to the production of agricultural crops and is not

 

 

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1        owned, leased or otherwise controlled by any waste
2        hauler or generator of nonagricultural compost
3        materials, and the operator of the composting facility
4        is not an employee, partner, shareholder, or in any way
5        connected with or controlled by any such waste hauler
6        or generator;
7            (C) all compost generated by the composting
8        facility is applied at agronomic rates and used as
9        mulch, fertilizer or soil conditioner on land actually
10        farmed by the person operating the composting
11        facility, and the finished compost is not stored at the
12        composting site for a period longer than 18 months
13        prior to its application as mulch, fertilizer, or soil
14        conditioner;
15            (D) the owner or operator, by January 1, 1990 (or
16        the January 1 following commencement of operation,
17        whichever is later) and January 1 of each year
18        thereafter, (i) registers the site with the Agency,
19        (ii) reports to the Agency on the volume of composting
20        material received and used at the site, (iii) certifies
21        to the Agency that the site complies with the
22        requirements set forth in subparagraphs (A), (B) and
23        (C) of this paragraph (q)(3), and (iv) certifies to the
24        Agency that all composting material was placed more
25        than 200 feet from the nearest potable water supply
26        well, was placed outside the boundary of the 10-year

 

 

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1        floodplain or on a part of the site that is
2        floodproofed, was placed at least 1/4 mile from the
3        nearest residence (other than a residence located on
4        the same property as the facility) and there are not
5        more than 10 occupied non-farm residences within 1/2
6        mile of the boundaries of the site on the date of
7        application, and was placed more than 5 feet above the
8        water table.
9    For the purposes of this subsection (q), "agronomic rates"
10means the application of not more than 20 tons per acre per
11year, except that the Agency may allow a higher rate for
12individual sites where the owner or operator has demonstrated
13to the Agency that the site's soil characteristics or crop
14needs require a higher rate.
15    (r) Cause or allow the storage or disposal of coal
16combustion waste unless:
17        (0.5) if reused as structural fill at a site or
18    facility, such waste is fully encapsulated; or
19        (1) such waste is stored or disposed of at a site or
20    facility for which a permit has been obtained or is not
21    otherwise required under subsection (d) of this Section; or
22        (2) such waste is stored or disposed of as a part of
23    the design and reclamation of a site or facility which is
24    an abandoned mine site in accordance with the Abandoned
25    Mined Lands and Water Reclamation Act; or
26        (3) such waste is stored or disposed of at a site or

 

 

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1    facility which is operating under NPDES and Subtitle D
2    permits issued by the Agency pursuant to regulations
3    adopted by the Board for mine-related water pollution and
4    permits issued pursuant to the Federal Surface Mining
5    Control and Reclamation Act of 1977 (P.L. 95-87) or the
6    rules and regulations thereunder or any law or rule or
7    regulation adopted by the State of Illinois pursuant
8    thereto, and the owner or operator of the facility agrees
9    to accept the waste; and either
10            (i) such waste is stored or disposed of in
11        accordance with requirements applicable to refuse
12        disposal under regulations adopted by the Board for
13        mine-related water pollution and pursuant to NPDES and
14        Subtitle D permits issued by the Agency under such
15        regulations; or
16            (ii) the owner or operator of the facility
17        demonstrates all of the following to the Agency, and
18        the facility is operated in accordance with the
19        demonstration as approved by the Agency: (1) the
20        disposal area will be covered in a manner that will
21        support continuous vegetation, (2) the facility will
22        be adequately protected from wind and water erosion,
23        (3) the pH will be maintained so as to prevent
24        excessive leaching of metal ions, and (4) adequate
25        containment or other measures will be provided to
26        protect surface water and groundwater from

 

 

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1        contamination at levels prohibited by this Act, the
2        Illinois Groundwater Protection Act, or regulations
3        adopted pursuant thereto.
4    Notwithstanding any other provision of this Title, the
5disposal of coal combustion waste pursuant to item (2) or (3)
6of this subdivision (r) shall be exempt from the other
7provisions of this Title V, and notwithstanding the provisions
8of Title X of this Act, the Agency is authorized to grant
9experimental permits which include provision for the disposal
10of wastes from the combustion of coal and other materials
11pursuant to items (2) and (3) of this subdivision (r).
12    For the purposes of this subdivision (r), "fully
13encapsulated" means encased or enclosed in such a way as to
14prevent the leaching of coal combustion residual constituents,
15including, but not limited to, antimony, arsenic, barium,
16beryllium, cadmium, chromium, lead, mercury, nickle, selenium,
17silver, and thallium, in trace amounts or otherwise.
18    For the purposes of this subdivision (r), "structural fill"
19means an engineered fill with beneficial end use that is
20constructed using coal combustion by-products properly placed
21and compacted.
22    (s) After April 1, 1989, offer for transportation,
23transport, deliver, receive or accept special waste for which a
24manifest is required, unless the manifest indicates that the
25fee required under Section 22.8 of this Act has been paid.
26    (t) Cause or allow a lateral expansion of a municipal solid

 

 

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1waste landfill unit on or after October 9, 1993, without a
2permit modification, granted by the Agency, that authorizes the
3lateral expansion.
4    (u) Conduct any vegetable by-product treatment, storage,
5disposal or transportation operation in violation of any
6regulation, standards or permit requirements adopted by the
7Board under this Act. However, no permit shall be required
8under this Title V for the land application of vegetable
9by-products conducted pursuant to Agency permit issued under
10Title III of this Act to the generator of the vegetable
11by-products. In addition, vegetable by-products may be
12transported in this State without a special waste hauling
13permit, and without the preparation and carrying of a manifest.
14    (v) (Blank).
15    (w) Conduct any generation, transportation, or recycling
16of construction or demolition debris, clean or general, or
17uncontaminated soil generated during construction, remodeling,
18repair, and demolition of utilities, structures, and roads that
19is not commingled with any waste, without the maintenance of
20documentation identifying the hauler, generator, place of
21origin of the debris or soil, the weight or volume of the
22debris or soil, and the location, owner, and operator of the
23facility where the debris or soil was transferred, disposed,
24recycled, or treated. This documentation must be maintained by
25the generator, transporter, or recycler for 3 years. This
26subsection (w) shall not apply to (1) a permitted pollution

 

 

HB3620- 15 -LRB097 09237 JDS 49372 b

1control facility that transfers or accepts construction or
2demolition debris, clean or general, or uncontaminated soil for
3final disposal, recycling, or treatment, (2) a public utility
4(as that term is defined in the Public Utilities Act) or a
5municipal utility, (3) the Illinois Department of
6Transportation, or (4) a municipality or a county highway
7department, with the exception of any municipality or county
8highway department located within a county having a population
9of over 3,000,000 inhabitants or located in a county that is
10contiguous to a county having a population of over 3,000,000
11inhabitants; but it shall apply to an entity that contracts
12with a public utility, a municipal utility, the Illinois
13Department of Transportation, or a municipality or a county
14highway department. The terms "generation" and "recycling" as
15used in this subsection do not apply to clean construction or
16demolition debris when (i) used as fill material below grade
17outside of a setback zone if covered by sufficient
18uncontaminated soil to support vegetation within 30 days of the
19completion of filling or if covered by a road or structure,
20(ii) solely broken concrete without protruding metal bars is
21used for erosion control, or (iii) milled asphalt or crushed
22concrete is used as aggregate in construction of the shoulder
23of a roadway. The terms "generation" and "recycling", as used
24in this subsection, do not apply to uncontaminated soil that is
25not commingled with any waste when (i) used as fill material
26below grade or contoured to grade, or (ii) used at the site of

 

 

HB3620- 16 -LRB097 09237 JDS 49372 b

1generation.
2(Source: P.A. 96-611, eff. 8-24-09.)