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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 3.330 as follows:
 
6    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
7    Sec. 3.330. Pollution control facility.
8    (a) "Pollution control facility" is any waste storage site,
9sanitary landfill, waste disposal site, waste transfer
10station, waste treatment facility, or waste incinerator. This
11includes sewers, sewage treatment plants, and any other
12facilities owned or operated by sanitary districts organized
13under the Metropolitan Water Reclamation District Act.
14    The following are not pollution control facilities:
15        (1) (blank);
16        (2) waste storage sites regulated under 40 CFR, Part
17    761.42;
18        (3) sites or facilities used by any person conducting a
19    waste storage, waste treatment, waste disposal, waste
20    transfer or waste incineration operation, or a combination
21    thereof, for wastes generated by such person's own
22    activities, when such wastes are stored, treated, disposed
23    of, transferred or incinerated within the site or facility

 

 

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1    owned, controlled or operated by such person, or when such
2    wastes are transported within or between sites or
3    facilities owned, controlled or operated by such person;
4        (4) sites or facilities at which the State is
5    performing removal or remedial action pursuant to Section
6    22.2 or 55.3;
7        (5) abandoned quarries used solely for the disposal of
8    concrete, earth materials, gravel, or aggregate debris
9    resulting from road construction activities conducted by a
10    unit of government or construction activities due to the
11    construction and installation of underground pipes, lines,
12    conduit or wires off of the premises of a public utility
13    company which are conducted by a public utility;
14        (6) sites or facilities used by any person to
15    specifically conduct a landscape composting operation;
16        (7) regional facilities as defined in the Central
17    Midwest Interstate Low-Level Radioactive Waste Compact;
18        (8) the portion of a site or facility where coal
19    combustion wastes are stored or disposed of in accordance
20    with subdivision (r)(2) or (r)(3) of Section 21;
21        (9) the portion of a site or facility used for the
22    collection, storage or processing of waste tires as defined
23    in Title XIV;
24        (10) the portion of a site or facility used for
25    treatment of petroleum contaminated materials by
26    application onto or incorporation into the soil surface and

 

 

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1    any portion of that site or facility used for storage of
2    petroleum contaminated materials before treatment. Only
3    those categories of petroleum listed in Section 57.9(a)(3)
4    are exempt under this subdivision (10);
5        (11) the portion of a site or facility where used oil
6    is collected or stored prior to shipment to a recycling or
7    energy recovery facility, provided that the used oil is
8    generated by households or commercial establishments, and
9    the site or facility is a recycling center or a business
10    where oil or gasoline is sold at retail;
11        (11.5) processing sites or facilities that receive
12    only on-specification used oil, as defined in 35 Ill.
13    Admin. Code 739, originating from used oil collectors for
14    processing that is managed under 35 Ill. Admin. Code 739 to
15    produce products for sale to off-site petroleum
16    facilities, if these processing sites or facilities are:
17    (i) located within a home rule unit of local government
18    with a population of at least 30,000 according to the 2000
19    federal census, that home rule unit of local government has
20    been designated as an Urban Round II Empowerment Zone by
21    the United States Department of Housing and Urban
22    Development, and that home rule unit of local government
23    has enacted an ordinance approving the location of the site
24    or facility and provided funding for the site or facility;
25    and (ii) in compliance with all applicable zoning
26    requirements;

 

 

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1        (12) the portion of a site or facility utilizing coal
2    combustion waste for stabilization and treatment of only
3    waste generated on that site or facility when used in
4    connection with response actions pursuant to the federal
5    Comprehensive Environmental Response, Compensation, and
6    Liability Act of 1980, the federal Resource Conservation
7    and Recovery Act of 1976, or the Illinois Environmental
8    Protection Act or as authorized by the Agency;
9        (13) the portion of a site or facility that (i) accepts
10    exclusively general construction or demolition debris,
11    (ii) is located in a county with a population over
12    3,000,000 as of January 1, 2000 or in a county that is
13    contiguous to such a county, and (iii) is operated and
14    located in accordance with Section 22.38 of this Act;
15        (14) the portion of a site or facility, located within
16    a unit of local government that has enacted local zoning
17    requirements, used to accept, separate, and process
18    uncontaminated broken concrete, with or without protruding
19    metal bars, provided that the uncontaminated broken
20    concrete and metal bars are not speculatively accumulated,
21    are at the site or facility no longer than one year after
22    their acceptance, and are returned to the economic
23    mainstream in the form of raw materials or products;
24        (15) the portion of a site or facility located in a
25    county with a population over 3,000,000 that has obtained
26    local siting approval under Section 39.2 of this Act for a

 

 

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1    municipal waste incinerator on or before July 1, 2005 and
2    that is used for a non-hazardous waste transfer station;
3        (16) a site or facility that temporarily holds in
4    transit for 10 days or less, non-putrescible solid waste in
5    original containers, no larger in capacity than 500
6    gallons, provided that such waste is further transferred to
7    a recycling, disposal, treatment, or storage facility on a
8    non-contiguous site and provided such site or facility
9    complies with the applicable 10-day transfer requirements
10    of the federal Resource Conservation and Recovery Act of
11    1976 and United States Department of Transportation
12    hazardous material requirements. For purposes of this
13    Section only, "non-putrescible solid waste" means waste
14    other than municipal garbage that does not rot or become
15    putrid, including, but not limited to, paints, solvent,
16    filters, and absorbents;
17        (17) the portion of a site or facility located in a
18    county with a population greater than 3,000,000 that has
19    obtained local siting approval, under Section 39.2 of this
20    Act, for a municipal waste incinerator on or before July 1,
21    2005 and that is used for wood combustion facilities for
22    energy recovery that accept and burn only wood material, as
23    included in a fuel specification approved by the Agency;
24        (18) a transfer station used exclusively for landscape
25    waste, including a transfer station where landscape waste
26    is ground to reduce its volume, where the landscape waste

 

 

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1    is held no longer than 24 hours from the time it was
2    received;
3        (19) the portion of a site or facility that (i) is used
4    for the composting of food scrap, livestock waste, crop
5    residue, uncontaminated wood waste, or paper waste,
6    including, but not limited to, corrugated paper or
7    cardboard, and (ii) meets all of the following
8    requirements:
9            (A) There must not be more than a total of 30,000
10        cubic yards of livestock waste in raw form or in the
11        process of being composted at the site or facility at
12        any one time.
13            (B) All food scrap, livestock waste, crop residue,
14        uncontaminated wood waste, and paper waste must, by the
15        end of each operating day, be processed and placed into
16        an enclosed vessel in which air flow and temperature
17        are controlled, or all of the following additional
18        requirements must be met:
19                (i) The portion of the site or facility used
20            for the composting operation must include a
21            setback of at least 200 feet from the nearest
22            potable water supply well.
23                (ii) The portion of the site or facility used
24            for the composting operation must be located
25            outside the boundary of the 10-year floodplain or
26            floodproofed.

 

 

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1                (iii) The portion of the site or facility used
2            for the composting operation must be located at
3            least one-eighth of a mile from the nearest
4            residence, other than a residence located on the
5            same property as the site or facility.
6                (iv) The portion of the site or facility used
7            for the composting operation must be located at
8            least one-eighth of a mile from the property line
9            of all of the following areas:
10                    (I) Facilities that primarily serve to
11                house or treat people that are
12                immunocompromised or immunosuppressed, such as
13                cancer or AIDS patients; people with asthma,
14                cystic fibrosis, or bioaerosol allergies; or
15                children under the age of one year.
16                    (II) Primary and secondary schools and
17                adjacent areas that the schools use for
18                recreation.
19                    (III) Any facility for child care licensed
20                under Section 3 of the Child Care Act of 1969;
21                preschools; and adjacent areas that the
22                facilities or preschools use for recreation.
23                (v) By the end of each operating day, all food
24            scrap, livestock waste, crop residue,
25            uncontaminated wood waste, and paper waste must be
26            (i) processed into windrows or other piles and (ii)

 

 

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1            covered in a manner that prevents scavenging by
2            birds and animals and that prevents other
3            nuisances.
4            (C) Food scrap, livestock waste, crop residue,
5        uncontaminated wood waste, paper waste, and compost
6        must not be placed within 5 feet of the water table.
7            (D) The site or facility must meet all of the
8        requirements of the Wild and Scenic Rivers Act (16
9        U.S.C. 1271 et seq.).
10            (E) The site or facility must not (i) restrict the
11        flow of a 100-year flood, (ii) result in washout of
12        food scrap, livestock waste, crop residue,
13        uncontaminated wood waste, or paper waste from a
14        100-year flood, or (iii) reduce the temporary water
15        storage capacity of the 100-year floodplain, unless
16        measures are undertaken to provide alternative storage
17        capacity, such as by providing lagoons, holding tanks,
18        or drainage around structures at the facility.
19            (F) The site or facility must not be located in any
20        area where it may pose a threat of harm or destruction
21        to the features for which:
22                (i) an irreplaceable historic or
23            archaeological site has been listed under the
24            National Historic Preservation Act (16 U.S.C. 470
25            et seq.) or the Illinois Historic Preservation
26            Act;

 

 

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1                (ii) a natural landmark has been designated by
2            the National Park Service or the Illinois State
3            Historic Preservation Office; or
4                (iii) a natural area has been designated as a
5            Dedicated Illinois Nature Preserve under the
6            Illinois Natural Areas Preservation Act.
7            (G) The site or facility must not be located in an
8        area where it may jeopardize the continued existence of
9        any designated endangered species, result in the
10        destruction or adverse modification of the critical
11        habitat for such species, or cause or contribute to the
12        taking of any endangered or threatened species of
13        plant, fish, or wildlife listed under the Endangered
14        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
15        Endangered Species Protection Act;
16        (20) the portion of a site or facility that is located
17    entirely within a home rule unit having a population of no
18    less than 120,000 and no more than 135,000, according to
19    the 2000 federal census, and that meets all of the
20    following requirements:
21                (i) the portion of the site or facility is used
22            exclusively to perform testing of a thermochemical
23            conversion technology using only woody biomass,
24            collected as landscape waste within the boundaries
25            of the home rule unit, as the hydrocarbon feedstock
26            for the production of synthetic gas in accordance

 

 

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1            with Section 39.9 of this Act;
2                (ii) the portion of the site or facility is in
3            compliance with all applicable zoning
4            requirements; and
5                (iii) a complete application for a
6            demonstration permit at the portion of the site or
7            facility has been submitted to the Agency in
8            accordance with Section 39.9 of this Act within one
9            year after July 27, 2010 (the effective date of
10            Public Act 96-1314);
11        (21) the portion of a site or facility used to perform
12    limited testing of a gasification conversion technology in
13    accordance with Section 39.8 of this Act and for which a
14    complete permit application has been submitted to the
15    Agency prior to one year from April 9, 2010 (the effective
16    date of Public Act 96-887); and
17        (22) the portion of a site or facility that is used to
18    incinerate only pharmaceuticals from residential sources
19    that are collected and transported by law enforcement
20    agencies under Section 17.9A of this Act; and .
21        (23) until July 1, 2017, the portion of a site or
22    facility:
23            (A) that is used exclusively for the transfer of
24        commingled landscape waste and food scrap held at the
25        site or facility for no longer than 24 hours after
26        their receipt;

 

 

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1            (B) that is located entirely within a home rule
2        unit having a population of either (i) not less than
3        100,000 and not more than 115,000 according to the 2010
4        federal census or (ii) not less than 5,000 and not more
5        than 10,000 according to the 2010 federal census;
6            (C) that is permitted, by the Agency, prior to
7        January 1, 2002, for the transfer of landscape waste;
8        and
9            (D) for which a permit application is submitted to
10        the Agency within 6 months after the effective date of
11        this amendatory Act of the 98th General Assembly to
12        modify an existing permit for the transfer of landscape
13        waste to also include, on a demonstration basis not to
14        exceed 18 months, the transfer of commingled landscape
15        waste and food scrap.
16    (b) A new pollution control facility is:
17        (1) a pollution control facility initially permitted
18    for development or construction after July 1, 1981; or
19        (2) the area of expansion beyond the boundary of a
20    currently permitted pollution control facility; or
21        (3) a permitted pollution control facility requesting
22    approval to store, dispose of, transfer or incinerate, for
23    the first time, any special or hazardous waste.
24(Source: P.A. 96-418, eff. 1-1-10; 96-611, eff. 8-24-09;
2596-887, eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff.
267-16-10; 96-1314, eff. 7-27-10; 97-333, eff. 8-12-11; 97-545,

 

 

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1eff. 1-1-12.)