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Full Text of SB2490  96th General Assembly

SB2490enr 96TH GENERAL ASSEMBLY

  
  
  

 


 
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1     AN ACT concerning safety.
 
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 by
5 changing Section 3.330 and adding Section 52.3-10 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,
9 sanitary landfill, waste disposal site, waste transfer
10 station, waste treatment facility, or waste incinerator. This
11 includes sewers, sewage treatment plants, and any other
12 facilities owned or operated by sanitary districts organized
13 under 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     accepting exclusively general construction or demolition
11     debris, (ii) is located in a county with a population over
12     3,000,000 500,000 as of January 1, 2000 or in a county that
13     is 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-petruscible 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-petruscible 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; and
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     (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. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08;
25 95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff.
26 8-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; revised

 

 

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1 10-1-09.)
 
2     (415 ILCS 5/52.3-10 new)
3     Sec. 52.3-10. Effect of amendatory Act of the 96th General
4 Assembly. Nothing contained in this amendatory Act of the 96th
5 General Assembly shall remove any liability for any operation,
6 site, or facility operating without any required legal permit
7 or authorization for activities taking place prior to the
8 effective date of this Act.
 
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.