093_SB0268enr

 
SB268 Enrolled                       LRB093 02548 LRD 02558 b

 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 Sections 3.160 and 21 as follows:

 6        (415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
 7        Sec. 3.160. Construction or demolition debris.
 8        (a)  "General construction or  demolition  debris"  means
 9    non-hazardous,  uncontaminated  materials  resulting from the
10    construction,   remodeling,   repair,   and   demolition   of
11    utilities, structures, and roads, limited to  the  following:
12    bricks,  concrete,  and  other masonry materials; soil; rock;
13    wood, including non-hazardous painted,  treated,  and  coated
14    wood  and  wood  products; wall coverings;  plaster; drywall;
15    plumbing fixtures; non-asbestos insulation; roofing  shingles
16    and  other roof coverings; reclaimed asphalt pavement; glass;
17    plastics that are not sealed in a manner that conceals waste;
18    electrical wiring  and  components  containing  no  hazardous
19    substances;  and  piping or metals incidental to any of those
20    materials.
21        General  construction  or  demolition  debris  does   not
22    include  uncontaminated  soil  generated during construction,
23    remodeling, repair, and demolition of utilities,  structures,
24    and  roads provided the uncontaminated soil is not commingled
25    with any general construction or demolition debris  or  other
26    waste.
27        (b)  "Clean  construction  or  demolition  debris"  means
28    uncontaminated broken concrete without protruding metal bars,
29    bricks,  rock,  stone,  reclaimed  asphalt  pavement, or soil
30    generated from construction or demolition activities.
31        Clean construction or demolition debris does not  include
 
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 1    uncontaminated    soil    generated    during   construction,
 2    remodeling, repair, and demolition of utilities,  structures,
 3    and  roads provided the uncontaminated soil is not commingled
 4    with any clean construction or  demolition  debris  or  other
 5    waste.
 6        To  the extent allowed by federal law, clean construction
 7    or demolition debris shall not be considered "waste" if it is
 8    (i) used as fill material below grade outside  of  a  setback
 9    zone  if  the fill is placed no higher than the highest point
10    of  elevation  existing  prior  to  the  filling  immediately
11    adjacent to the fill  area,  and  if  covered  by  sufficient
12    uncontaminated  soil  to support vegetation within 30 days of
13    the completion  of  filling  or  if  covered  by  a  road  or
14    structure, or (ii) separated or processed and returned to the
15    economic mainstream in the form of raw materials or products,
16    if it is not speculatively accumulated and, if used as a fill
17    material,  it  is  used in accordance with item (i) within 30
18    days of its  generation,  or  (iii)  solely  broken  concrete
19    without  protruding  metal  bars used for erosion control, or
20    (iv) generated from  the  construction  or  demolition  of  a
21    building,  road, or other structure and used to construct, on
22    the site where  the  construction  or  demolition  has  taken
23    place,  a  an  above-grade area shaped so as to blend into an
24    extension of the surrounding  topography  or  an  above-grade
25    manmade  functional structure not to exceed 20 feet above the
26    highest  point  of  elevation  of  the  property  immediately
27    adjacent to the new  manmade  functional  structure  as  that
28    elevation existed prior to the creation of that new structure
29    in  height,  provided  that  the  area  or structure shall be
30    covered with sufficient soil materials to sustain  vegetation
31    or  by a road or structure, and further provided that no such
32    area or structure shall be constructed  within  a  home  rule
33    municipality  with  a  population  over  500,000  without the
34    consent of the municipality.
 
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 1    (Source: P.A. 91-909, eff. 7-7-00; 92-574, eff. 6-26-02.)

 2        (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
 3        Sec. 21. Prohibited acts.  No person shall:
 4        (a)  Cause or allow the open dumping of any waste.
 5        (b)  Abandon, dump, or deposit any waste upon the  public
 6    highways  or  other  public  property,  except  in a sanitary
 7    landfill approved  by  the  Agency  pursuant  to  regulations
 8    adopted by the Board.
 9        (c)  Abandon  any  vehicle in violation of the "Abandoned
10    Vehicles Amendment to the Illinois Vehicle Code", as  enacted
11    by the 76th General Assembly.
12        (d)  Conduct   any   waste-storage,  waste-treatment,  or
13    waste-disposal operation:
14             (1)  without a permit granted by the  Agency  or  in
15        violation  of  any  conditions  imposed  by  such permit,
16        including periodic reports and full  access  to  adequate
17        records  and  the  inspection  of  facilities,  as may be
18        necessary to assure compliance with  this  Act  and  with
19        regulations  and  standards adopted thereunder; provided,
20        however, that, except for municipal solid waste  landfill
21        units  that receive waste on or after October 9, 1993, no
22        permit shall be required for (i) any person conducting  a
23        waste-storage,    waste-treatment,    or   waste-disposal
24        operation for  wastes  generated  by  such  person's  own
25        activities  which are stored, treated, or disposed within
26        the site where such  wastes  are  generated,  or  (ii)  a
27        facility  located  in  a  county  with  a population over
28        700,000, operated and located in accordance with  Section
29        22.38 of this Act, and used exclusively for the transfer,
30        storage,   or   treatment   of  general  construction  or
31        demolition debris;
32             (2)  in violation of any  regulations  or  standards
33        adopted by the Board under this Act; or
 
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 1             (3)  which  receives  waste  after  August 31, 1988,
 2        does 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
 5        receiving special waste not listed in  an  NPDES  permit,
 6        (iii)  a waste pile in which the total volume of waste is
 7        greater than 100 cubic yards or the waste is  stored  for
 8        over   one  year,  or  (iv)  a  land  treatment  facility
 9        receiving special waste generated at  the  site;  without
10        giving  notice  of the operation to the Agency by January
11        1, 1989, or 30 days after the date on which the operation
12        commences,  whichever  is  later,  and  every   3   years
13        thereafter.   The  form  for  such  notification shall be
14        specified  by  the  Agency,  and  shall  be  limited   to
15        information  regarding:  the  name  and  address  of  the
16        location  of  the  operation;  the type of operation; the
17        types and amounts of waste stored, treated or disposed of
18        on  an  annual  basis;  the  remaining  capacity  of  the
19        operation;  and  the  remaining  expected  life  of   the
20        operation.
21        Item  (3)  of  this subsection (d) shall not apply to any
22    person engaged in agricultural activity who is disposing of a
23    substance that constitutes solid waste, if the substance  was
24    acquired  for use by that person on his own property, and the
25    substance is disposed of on his own  property  in  accordance
26    with regulations or standards adopted by the Board.
27        This subsection (d) shall not apply to hazardous waste.
28        (e)  Dispose,  treat,  store  or  abandon  any  waste, or
29    transport any waste into this State for disposal,  treatment,
30    storage  or  abandonment,  except at a site or facility which
31    meets the requirements of this Act  and  of  regulations  and
32    standards thereunder.
33        (f)  Conduct   any   hazardous  waste-storage,  hazardous
34    waste-treatment or hazardous waste-disposal operation:
 
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 1             (1)  without a RCRA permit for the  site  issued  by
 2        the  Agency  under  subsection  (d) of Section 39 of this
 3        Act, or in violation of any  condition  imposed  by  such
 4        permit,  including  periodic  reports  and full access to
 5        adequate records and the inspection of facilities, as may
 6        be necessary to assure compliance with this Act and  with
 7        regulations and standards adopted thereunder; or
 8             (2)  in  violation  of  any regulations or standards
 9        adopted by the Board under this Act; or
10             (3)  in  violation  of  any   RCRA   permit   filing
11        requirement  established  under  standards adopted by the
12        Board under this Act; or
13             (4)  in violation of any order adopted by the  Board
14        under this Act.
15        Notwithstanding  the  above,  no  RCRA  permit  shall  be
16    required  under  this subsection or subsection (d) of Section
17    39 of this  Act  for  any  person  engaged  in   agricultural
18    activity  who  is  disposing  of  a  substance which has been
19    identified  as  a  hazardous  waste,  and  which   has   been
20    designated  by  Board  regulations  as  being subject to this
21    exception, if the substance was  acquired  for  use  by  that
22    person  on  his own property and the substance is disposed of
23    on  his  own  property  in  accordance  with  regulations  or
24    standards adopted by the Board.
25        (g)  Conduct    any    hazardous     waste-transportation
26    operation:
27             (1)  without registering with and obtaining a permit
28        from  the  Agency  in accordance with the Uniform Program
29        implemented under subsection (l-5) of Section 22.2; or
30             (2)  in violation of any  regulations  or  standards
31        adopted by the Board under this Act.
32        (h)  Conduct  any  hazardous waste-recycling or hazardous
33    waste-reclamation  or  hazardous  waste-reuse  operation   in
34    violation   of   any   regulations,   standards   or   permit
 
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 1    requirements adopted by the Board under this Act.
 2        (i)  Conduct  any  process  or  engage  in  any act which
 3    produces hazardous waste in violation of any  regulations  or
 4    standards  adopted by the Board under subsections (a) and (c)
 5    of Section 22.4 of this Act.
 6        (j)  Conduct any special waste  transportation  operation
 7    in   violation   of  any  regulations,  standards  or  permit
 8    requirements adopted by the Board under this  Act.   However,
 9    sludge  from  a  water  or  sewage  treatment plant owned and
10    operated by a unit of local government which (1)  is  subject
11    to  a  sludge  management  plan  approved  by the Agency or a
12    permit granted by the Agency, and (2)  has  been  tested  and
13    determined  not  to  be  a  hazardous  waste  as  required by
14    applicable State and federal laws  and  regulations,  may  be
15    transported  in  this  State  without a special waste hauling
16    permit, and the preparation and carrying of a manifest  shall
17    not  be  required  for  such  sludge  under  the rules of the
18    Pollution Control Board. The unit of local  government  which
19    operates the treatment plant producing such sludge shall file
20    a semiannual report with the Agency identifying the volume of
21    such  sludge  transported  during  the  reporting period, the
22    hauler of the sludge, and the disposal sites to which it  was
23    transported. This subsection (j) shall not apply to hazardous
24    waste.
25        (k)  Fail  or  refuse  to  pay any fee imposed under this
26    Act.
27        (l)  Locate a hazardous  waste  disposal  site  above  an
28    active  or  inactive shaft or tunneled mine or within 2 miles
29    of an active fault in the  earth's  crust.   In  counties  of
30    population less than 225,000 no hazardous waste disposal site
31    shall  be  located  (1)  within  1 1/2 miles of the corporate
32    limits as defined on  June  30,  1978,  of  any  municipality
33    without   the   approval   of   the  governing  body  of  the
34    municipality in an official action; or (2) within  1000  feet
 
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 1    of  an  existing  private  well  or  the existing source of a
 2    public water supply measured from the boundary of the  actual
 3    active permitted site and excluding existing private wells on
 4    the  property of the permit applicant. The provisions of this
 5    subsection do not apply to publicly-owned sewage works or the
 6    disposal or utilization of sludge from publicly-owned  sewage
 7    works.
 8        (m)  Transfer interest in any land which has been used as
 9    a  hazardous waste disposal site without written notification
10    to the Agency of the transfer and to the  transferee  of  the
11    conditions   imposed   by  the  Agency  upon  its  use  under
12    subsection (g) of Section 39.
13        (n)  Use any land which has  been  used  as  a  hazardous
14    waste  disposal  site  except  in  compliance with conditions
15    imposed by the Agency under subsection (g) of Section 39.
16        (o)  Conduct  a  sanitary  landfill  operation  which  is
17    required to have  a  permit  under  subsection  (d)  of  this
18    Section,  in  a  manner which results in any of the following
19    conditions:
20             (1)  refuse in standing or flowing waters;
21             (2)  leachate flows entering waters of the State;
22             (3)  leachate flows exiting  the  landfill  confines
23        (as  determined  by  the  boundaries  established for the
24        landfill by a permit issued by the Agency);
25             (4)  open burning of refuse in violation of  Section
26        9 of this Act;
27             (5)  uncovered  refuse  remaining  from any previous
28        operating day or at the conclusion of any operating  day,
29        unless authorized by permit;
30             (6)  failure  to  provide  final  cover  within time
31        limits established by Board regulations;
32             (7)  acceptance of wastes without necessary permits;
33             (8)  scavenging as defined by Board regulations;
34             (9)  deposition of refuse in any unpermitted portion
 
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 1        of the landfill;
 2             (10)  acceptance  of  a  special  waste  without   a
 3        required manifest;
 4             (11)  failure  to submit reports required by permits
 5        or 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
 9        site  or  any  performance bond or other security for the
10        site as required by this Act or Board rules.
11        The prohibitions specified in this subsection  (o)  shall
12    be   enforceable  by  the  Agency  either  by  administrative
13    citation under Section 31.1  of  this  Act  or  as  otherwise
14    provided  by  this  Act.   The  specific prohibitions in this
15    subsection do not limit the power of the Board  to  establish
16    regulations or standards applicable to sanitary landfills.
17        (p)  In  violation  of  subdivision  (a) of this Section,
18    cause or allow the open dumping of  any  waste  in  a  manner
19    which results in any of the following occurrences at the dump
20    site:
21             (1)  litter;
22             (2)  scavenging;
23             (3)  open burning;
24             (4)  deposition  of  waste  in  standing  or flowing
25        waters;
26             (5)  proliferation of disease vectors;
27             (6)  standing or flowing liquid discharge  from  the
28        dump site;
29             (7)  deposition of:
30                  (i)  general  construction or demolition debris
31             as defined in Section 3.160(a) of this Act; or
32                  (ii)  clean construction or  demolition  debris
33             as defined in Section 3.160(b) of this Act.
34        The  prohibitions  specified in this subsection (p) shall
 
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 1    be  enforceable  by  the  Agency  either  by   administrative
 2    citation  under  Section  31.1  of  this  Act or as otherwise
 3    provided by this Act.   The  specific  prohibitions  in  this
 4    subsection  do  not limit the power of the Board to establish
 5    regulations or standards applicable to open dumping.
 6        (q)  Conduct  a  landscape  waste  composting   operation
 7    without  an  Agency permit, provided, however, that no permit
 8    shall be required for any person:
 9             (1)  conducting   a   landscape   waste   composting
10        operation for landscape wastes generated by such person's
11        own activities which are stored, treated or  disposed  of
12        within the site where such wastes are generated; or
13             (2)  applying landscape waste or composted landscape
14        waste at agronomic rates; or
15             (3)  operating a landscape waste composting facility
16        on  a  farm,  if  the facility meets all of the following
17        criteria:
18                  (A)  the composting facility is operated by the
19             farmer on property on which the composting  material
20             is utilized, and the composting facility constitutes
21             no  more  than  2%  of the property's total acreage,
22             except that the Agency may allow a higher percentage
23             for individual sites where the owner or operator has
24             demonstrated to the  Agency  that  the  site's  soil
25             characteristics or crop needs require a higher rate;
26                  (B)  the   property  on  which  the  composting
27             facility is located, and any associated property  on
28             which  the  compost  is  used,  is  principally  and
29             diligently devoted to the production of agricultural
30             crops   and   is  not  owned,  leased  or  otherwise
31             controlled by  any  waste  hauler  or  generator  of
32             nonagricultural  compost materials, and the operator
33             of the  composting  facility  is  not  an  employee,
34             partner,  shareholder,  or in any way connected with
 
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 1             or controlled by any such waste hauler or generator;
 2                  (C)  all compost generated  by  the  composting
 3             facility  is  applied at agronomic rates and used as
 4             mulch,  fertilizer  or  soil  conditioner  on   land
 5             actually   farmed   by   the  person  operating  the
 6             composting facility, and the finished compost is not
 7             stored at the composting site for  a  period  longer
 8             than  18  months  prior to its application as mulch,
 9             fertilizer, or soil conditioner;
10                  (D)  the owner or operator, by January 1,  1990
11             (or   the   January   1  following  commencement  of
12             operation, whichever is later) and January 1 of each
13             year thereafter, (i) registers  the  site  with  the
14             Agency,  (ii) reports to the Agency on the volume of
15             composting material received and used at  the  site,
16             (iii) certifies to the Agency that the site complies
17             with  the  requirements  set  forth in subparagraphs
18             (A), (B) and (C) of this paragraph (q)(3), and  (iv)
19             certifies to the Agency that all composting material
20             was  placed  more  than  200  feet  from the nearest
21             potable water supply well, was  placed  outside  the
22             boundary  of  the 10-year floodplain or on a part of
23             the site that is floodproofed, was placed  at  least
24             1/4  mile  from  the nearest residence (other than a
25             residence  located  on  the  same  property  as  the
26             facility) and there are not more  than  10  occupied
27             non-farm   residences   within   1/2   mile  of  the
28             boundaries of the site on the date  of  application,
29             and  was  placed  more  than  5 feet above the water
30             table.
31        For the  purposes  of  this  subsection  (q),  "agronomic
32    rates"  means  the  application  of not more than 20 tons per
33    acre per year, except that the Agency may allow a higher rate
34    for  individual  sites  where  the  owner  or  operator   has
 
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 1    demonstrated   to   the   Agency   that   the   site's   soil
 2    characteristics or crop needs require a higher rate.
 3        (r)  Cause  or  allow  the  storage  or  disposal of coal
 4    combustion waste unless:
 5             (1)  such waste is stored or disposed of at  a  site
 6        or  facility  for  which a permit has been obtained or is
 7        not otherwise  required  under  subsection  (d)  of  this
 8        Section; or
 9             (2)  such  waste  is stored or disposed of as a part
10        of the design and reclamation of a site or facility which
11        is  an  abandoned  mine  site  in  accordance  with   the
12        Abandoned Mined Lands and Water Reclamation Act; or
13             (3)  such  waste  is stored or disposed of at a site
14        or facility which is operating under NPDES and Subtitle D
15        permits issued by  the  Agency  pursuant  to  regulations
16        adopted by the Board for mine-related water pollution and
17        permits  issued  pursuant  to  the Federal Surface Mining
18        Control and Reclamation Act of 1977 (P.L. 95-87)  or  the
19        rules  and  regulations  thereunder or any law or rule or
20        regulation adopted by  the  State  of  Illinois  pursuant
21        thereto, and the owner or operator of the facility agrees
22        to accept the waste; and either
23                  (i)  such  waste  is  stored  or disposed of in
24             accordance with requirements  applicable  to  refuse
25             disposal  under regulations adopted by the Board for
26             mine-related water pollution and pursuant  to  NPDES
27             and  Subtitle  D  permits issued by the Agency under
28             such regulations; or
29                  (ii)  the owner or  operator  of  the  facility
30             demonstrates all of the following to the Agency, and
31             the  facility  is  operated  in  accordance with the
32             demonstration as approved by  the  Agency:  (1)  the
33             disposal  area will be covered in a manner that will
34             support continuous vegetation, (2) the facility will
 
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 1             be adequately protected from wind and water erosion,
 2             (3) the pH will  be  maintained  so  as  to  prevent
 3             excessive  leaching  of metal ions, and (4) adequate
 4             containment or other measures will  be  provided  to
 5             protect   surface   water   and   groundwater   from
 6             contamination  at levels prohibited by this Act, the
 7             Illinois Groundwater Protection Act, or  regulations
 8             adopted pursuant thereto.
 9        Notwithstanding  any  other  provision of this Title, the
10    disposal of coal combustion waste pursuant to item (2) or (3)
11    of this subdivision  (r)  shall  be  exempt  from  the  other
12    provisions   of   this   Title  V,  and  notwithstanding  the
13    provisions of Title X of this Act, the Agency  is  authorized
14    to grant experimental permits which include provision for the
15    disposal  of  wastes  from  the  combustion of coal and other
16    materials pursuant to items (2) and (3) of  this  subdivision
17    (r).
18        (s)  After  April  1,  1989,  offer  for  transportation,
19    transport, deliver, receive or accept special waste for which
20    a  manifest  is  required, unless the manifest indicates that
21    the fee required under Section 22.8  of  this  Act  has  been
22    paid.
23        (t)  Cause  or  allow  a lateral expansion of a municipal
24    solid waste landfill  unit  on  or  after  October  9,  1993,
25    without  a  permit  modification, granted by the Agency, that
26    authorizes the lateral expansion.
27        (u)  Conduct any vegetable by-product treatment, storage,
28    disposal or transportation  operation  in  violation  of  any
29    regulation,  standards  or permit requirements adopted by the
30    Board under this Act. However, no permit  shall  be  required
31    under  this  Title  V  for  the land application of vegetable
32    by-products conducted pursuant to Agency permit issued  under
33    Title  III  of  this  Act  to  the generator of the vegetable
34    by-products.  In  addition,  vegetable  by-products  may   be
 
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 1    transported  in  this  State  without a special waste hauling
 2    permit,  and  without  the  preparation  and  carrying  of  a
 3    manifest.
 4        (v)  (Blank).
 5        (w)  Conduct any generation, transportation, or recycling
 6    of construction or demolition debris, clean  or  general,  or
 7    uncontaminated    soil    generated    during   construction,
 8    remodeling, repair, and demolition of utilities,  structures,
 9    and  roads that is not commingled with any waste, without the
10    maintenance  of   documentation   identifying   the   hauler,
11    generator,  place of origin of the debris or soil, the weight
12    or volume of the debris or soil, and the location, owner, and
13    operator of  the  facility  where  the  debris  or  soil  was
14    transferred,    disposed,   recycled,   or   treated.    This
15    documentation  must   be   maintained   by   the   generator,
16    transporter,  or  recycler  for  3 years. This subsection (w)
17    shall not apply to (1) a permitted pollution control facility
18    that transfers or accepts construction or demolition  debris,
19    clean  or general, or uncontaminated soil for final disposal,
20    recycling, or treatment, (2) a public utility (as  that  term
21    is  defined  in  the  Public  Utilities  Act)  or a municipal
22    utility, or (3) the Illinois Department of Transportation, or
23    (4) a municipality or a county highway department,  with  the
24    exception  of  any  municipality or county highway department
25    located within a county having a population of over 3,000,000
26    inhabitants or located in a county that is  contiguous  to  a
27    county having a population of over 3,000,000 inhabitants; but
28    it  shall  apply  to  an  entity that contracts with a public
29    utility, a municipal utility, or the Illinois  Department  of
30    Transportation,   or  a  municipality  or  a  county  highway
31    department. The terms "generation" and "recycling" as used in
32    this  subsection  do  not  apply  to  clean  construction  or
33    demolition debris when (i) used as fill material below  grade
34    outside   of   a   setback  zone  if  covered  by  sufficient
 
SB268 Enrolled              -14-     LRB093 02548 LRD 02558 b
 1    uncontaminated soil to support vegetation within 30  days  of
 2    the  completion  of  filling  or  if  covered  by  a  road or
 3    structure, (ii) solely  broken  concrete  without  protruding
 4    metal  bars  is  used  for  erosion  control, or (iii) milled
 5    asphalt  or  crushed  concrete  is  used  as   aggregate   in
 6    construction  of  the  shoulder  of  a  roadway.   The  terms
 7    "generation"  and "recycling", as used in this subsection, do
 8    not apply to uncontaminated soil that is not commingled  with
 9    any  waste  when  (i)  used  as  fill material below grade or
10    contoured to grade, or (ii) used at the site of generation.
11    (Source: P.A. 91-72, eff. 7-9-99; 92-574, eff. 6-26-02.)

12        Section 99. Effective date.  This Act takes  effect  upon
13    becoming law.