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Full Text of SB0099  96th General Assembly

SB0099enr 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 Sections 3.330, 22.26, and 22.34 and by adding
6 Sections 3.197 and 3.282 as follows:
 
7     (415 ILCS 5/3.197 new)
8     Sec. 3.197. Food scrap. "Food scrap" means garbage that is
9 (i) capable of being decomposed into compost by composting,
10 (ii) separated by the generator from other waste, including,
11 but not limited to, garbage that is not capable of being
12 decomposed into compost by composting, and (iii) managed
13 separately from other waste, including, but not limited to,
14 garbage that is not capable of being decomposed into compost by
15 composting. "Food scrap" includes, but is not limited to,
16 packaging, utensils, and food containers composed of readily
17 biodegradable material. For the purposes of this Section,
18 packaging, utensils, and food containers are readily
19 biodegradable if they meet the ASTM D6400 standard.
 
20     (415 ILCS 5/3.282 new)
21     Sec. 3.282. Livestock waste. "Livestock waste" means
22 "livestock waste" as defined in the Livestock Management

 

 

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1 Facilities Act.
 
2     (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
3     Sec. 3.330. Pollution control facility.
4     (a) "Pollution control facility" is any waste storage site,
5 sanitary landfill, waste disposal site, waste transfer
6 station, waste treatment facility, or waste incinerator. This
7 includes sewers, sewage treatment plants, and any other
8 facilities owned or operated by sanitary districts organized
9 under the Metropolitan Water Reclamation District Act.
10     The following are not pollution control facilities:
11         (1) (blank);
12         (2) waste storage sites regulated under 40 CFR, Part
13     761.42;
14         (3) sites or facilities used by any person conducting a
15     waste storage, waste treatment, waste disposal, waste
16     transfer or waste incineration operation, or a combination
17     thereof, for wastes generated by such person's own
18     activities, when such wastes are stored, treated, disposed
19     of, transferred or incinerated within the site or facility
20     owned, controlled or operated by such person, or when such
21     wastes are transported within or between sites or
22     facilities owned, controlled or operated by such person;
23         (4) sites or facilities at which the State is
24     performing removal or remedial action pursuant to Section
25     22.2 or 55.3;

 

 

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1         (5) abandoned quarries used solely for the disposal of
2     concrete, earth materials, gravel, or aggregate debris
3     resulting from road construction activities conducted by a
4     unit of government or construction activities due to the
5     construction and installation of underground pipes, lines,
6     conduit or wires off of the premises of a public utility
7     company which are conducted by a public utility;
8         (6) sites or facilities used by any person to
9     specifically conduct a landscape composting operation;
10         (7) regional facilities as defined in the Central
11     Midwest Interstate Low-Level Radioactive Waste Compact;
12         (8) the portion of a site or facility where coal
13     combustion wastes are stored or disposed of in accordance
14     with subdivision (r)(2) or (r)(3) of Section 21;
15         (9) the portion of a site or facility used for the
16     collection, storage or processing of waste tires as defined
17     in Title XIV;
18         (10) the portion of a site or facility used for
19     treatment of petroleum contaminated materials by
20     application onto or incorporation into the soil surface and
21     any portion of that site or facility used for storage of
22     petroleum contaminated materials before treatment. Only
23     those categories of petroleum listed in Section 57.9(a)(3)
24     are exempt under this subdivision (10);
25         (11) the portion of a site or facility where used oil
26     is collected or stored prior to shipment to a recycling or

 

 

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1     energy recovery facility, provided that the used oil is
2     generated by households or commercial establishments, and
3     the site or facility is a recycling center or a business
4     where oil or gasoline is sold at retail;
5         (11.5) processing sites or facilities that receive
6     only on-specification used oil, as defined in 35 Ill.
7     Admin. Code 739, originating from used oil collectors for
8     processing that is managed under 35 Ill. Admin. Code 739 to
9     produce products for sale to off-site petroleum
10     facilities, if these processing sites or facilities are:
11     (i) located within a home rule unit of local government
12     with a population of at least 30,000 according to the 2000
13     federal census, that home rule unit of local government has
14     been designated as an Urban Round II Empowerment Zone by
15     the United States Department of Housing and Urban
16     Development, and that home rule unit of local government
17     has enacted an ordinance approving the location of the site
18     or facility and provided funding for the site or facility;
19     and (ii) in compliance with all applicable zoning
20     requirements;
21         (12) the portion of a site or facility utilizing coal
22     combustion waste for stabilization and treatment of only
23     waste generated on that site or facility when used in
24     connection with response actions pursuant to the federal
25     Comprehensive Environmental Response, Compensation, and
26     Liability Act of 1980, the federal Resource Conservation

 

 

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1     and Recovery Act of 1976, or the Illinois Environmental
2     Protection Act or as authorized by the Agency;
3         (13) the portion of a site or facility accepting
4     exclusively general construction or demolition debris,
5     located in a county with a population over 700,000 as of
6     January 1, 2000, and operated and located in accordance
7     with Section 22.38 of this Act;
8         (14) the portion of a site or facility, located within
9     a unit of local government that has enacted local zoning
10     requirements, used to accept, separate, and process
11     uncontaminated broken concrete, with or without protruding
12     metal bars, provided that the uncontaminated broken
13     concrete and metal bars are not speculatively accumulated,
14     are at the site or facility no longer than one year after
15     their acceptance, and are returned to the economic
16     mainstream in the form of raw materials or products;
17         (15) the portion of a site or facility located in a
18     county with a population over 3,000,000 that has obtained
19     local siting approval under Section 39.2 of this Act for a
20     municipal waste incinerator on or before July 1, 2005 and
21     that is used for a non-hazardous waste transfer station;
22         (16) a site or facility that temporarily holds in
23     transit for 10 days or less, non-petruscible solid waste in
24     original containers, no larger in capacity than 500
25     gallons, provided that such waste is further transferred to
26     a recycling, disposal, treatment, or storage facility on a

 

 

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1     non-contiguous site and provided such site or facility
2     complies with the applicable 10-day transfer requirements
3     of the federal Resource Conservation and Recovery Act of
4     1976 and United States Department of Transportation
5     hazardous material requirements. For purposes of this
6     Section only, "non-petruscible solid waste" means waste
7     other than municipal garbage that does not rot or become
8     putrid, including, but not limited to, paints, solvent,
9     filters, and absorbents;
10         (17) the portion of a site or facility located in a
11     county with a population greater than 3,000,000 that has
12     obtained local siting approval, under Section 39.2 of this
13     Act, for a municipal waste incinerator on or before July 1,
14     2005 and that is used for wood combustion facilities for
15     energy recovery that accept and burn only wood material, as
16     included in a fuel specification approved by the Agency;
17     and
18         (18) a transfer station used exclusively for landscape
19     waste, including a transfer station where landscape waste
20     is ground to reduce its volume, where the landscape waste
21     is held no longer than 24 hours from the time it was
22     received; and .
23         (19) the portion of a site or facility that (i) is used
24     for the composting of food scrap, livestock waste, crop
25     residue, uncontaminated wood waste, or paper waste,
26     including, but not limited to, corrugated paper or

 

 

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1     cardboard, and (ii) meets all of the following
2     requirements:
3             (A) There must not be more than a total of 30,000
4         cubic yards of livestock waste in raw form or in the
5         process of being composted at the site or facility at
6         any one time.
7             (B) All food scrap, livestock waste, crop residue,
8         uncontaminated wood waste, and paper waste must, by the
9         end of each operating day, be processed and placed into
10         an enclosed vessel in which air flow and temperature
11         are controlled, or all of the following additional
12         requirements must be met:
13                 (i) The portion of the site or facility used
14             for the composting operation must include a
15             setback of at least 200 feet from the nearest
16             potable water supply well.
17                 (ii) The portion of the site or facility used
18             for the composting operation must be located
19             outside the boundary of the 10-year floodplain or
20             floodproofed.
21                 (iii) The portion of the site or facility used
22             for the composting operation must be located at
23             least one-eighth of a mile from the nearest
24             residence, other than a residence located on the
25             same property as the site or facility.
26                 (iv) The portion of the site or facility used

 

 

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1             for the composting operation must be located at
2             least one-eighth of a mile from the property line
3             of all of the following areas:
4                     (I) Facilities that primarily serve to
5                 house or treat people that are
6                 immunocompromised or immunosuppressed, such as
7                 cancer or AIDS patients; people with asthma,
8                 cystic fibrosis, or bioaerosol allergies; or
9                 children under the age of one year.
10                     (II) Primary and secondary schools and
11                 adjacent areas that the schools use for
12                 recreation.
13                     (III) Any facility for child care licensed
14                 under Section 3 of the Child Care Act of 1969;
15                 preschools; and adjacent areas that the
16                 facilities or preschools use for recreation.
17                 (v) By the end of each operating day, all food
18             scrap, livestock waste, crop residue,
19             uncontaminated wood waste, and paper waste must be
20             (i) processed into windrows or other piles and (ii)
21             covered in a manner that prevents scavenging by
22             birds and animals and that prevents other
23             nuisances.
24             (C) Food scrap, livestock waste, crop residue,
25         uncontaminated wood waste, paper waste, and compost
26         must not be placed within 5 feet of the water table.

 

 

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

 

 

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1             (G) The site or facility must not be located in an
2         area where it may jeopardize the continued existence of
3         any designated endangered species, result in the
4         destruction or adverse modification of the critical
5         habitat for such species, or cause or contribute to the
6         taking of any endangered or threatened species of
7         plant, fish, or wildlife listed under the Endangered
8         Species Act (16 U.S.C. 1531 et seq.) or the Illinois
9         Endangered Species Protection Act.
10     (b) A new pollution control facility is:
11         (1) a pollution control facility initially permitted
12     for development or construction after July 1, 1981; or
13         (2) the area of expansion beyond the boundary of a
14     currently permitted pollution control facility; or
15         (3) a permitted pollution control facility requesting
16     approval to store, dispose of, transfer or incinerate, for
17     the first time, any special or hazardous waste.
18 (Source: P.A. 94-94, eff. 7-1-05; 94-249, eff. 7-19-05; 94-824,
19 eff. 6-2-06; 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; 95-331,
20 eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. 8-21-08.)
 
21     (415 ILCS 5/22.26)  (from Ch. 111 1/2, par. 1022.26)
22     Sec. 22.26. The Agency shall not issue a development or
23 construction permit after December 31, 1990 for any composting
24 facility, unless the applicant has given notice thereof (1) in
25 person or by mail to the members of the General Assembly from

 

 

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1 the legislative district in which the proposed facility is to
2 be located, (2) by registered or certified mail to the owners
3 of all real property located within 250 feet of the site of the
4 proposed facility (determined as provided in subsection (b) of
5 Section 39.2), and (3) to the general public by publication in
6 a newspaper of general circulation in the county in which the
7 proposed facility is to be located. The notice required under
8 this Section must include: (i) a description of the type of
9 facility being proposed, (ii) the location of the proposed
10 facility, (iii) the name of the person proposing the
11 construction or development of the facility and the contact
12 information (including a phone number) for that person, (iv)
13 instructions directing the recipient of the notice to send
14 written comments relating to the construction or development of
15 the facility to the Agency within 21 days after the notice is
16 either received by mail or last published in a newspaper of
17 general circulation, and (v) the Agency's address, as well as
18 the phone numbers for the Bureaus and Sections responsible for
19 issuing the permit.
20 (Source: P.A. 86-1195.)
 
21     (415 ILCS 5/22.34)
22     Sec. 22.34. Organic waste compost quality standards.
23     (a) The Agency may By January 1, 1994, the Agency shall
24 develop and make recommendations to the Board concerning (i)
25 performance standards for organic waste compost facilities and

 

 

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1 (ii) testing procedures and standards for the end-product
2 compost produced by organic waste compost facilities.
3     The Agency, in cooperation with the Department, shall
4 appoint a Technical Advisory Committee for the purpose of
5 developing these recommendations. Among other things, the
6 Committee shall evaluate environmental and safety
7 considerations, compliance costs, and regulations adopted in
8 other states and countries. The Committee shall have balanced
9 representation and shall include members representing
10 academia, the composting industry, the Department of
11 Agriculture, the landscaping industry, environmental
12 organizations, municipalities, and counties.
13     Performance standards for organic waste compost facilities
14 may include, but are not limited to shall at a minimum include:
15         (1) the management of potential exposures for human
16     disease vectors and odor;
17         (2) the management of surface water;
18         (3) contingency planning for handling end-product
19     compost material that does not meet end-product compost
20     standards adopted by the Board requirements of subsection
21     (b);
22         (4) plans for intended purposes of end-use product; and
23         (5) a financial assurance plan necessary to restore the
24     site as specified in Agency permit. The financial assurance
25     plan may include, but is not limited to, posting with the
26     Agency a performance bond or other security for the purpose

 

 

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1     of ensuring site restoration.
2     (b) No later than one year after the Agency makes
3 recommendations to the Board under subsection (a) of this
4 Section By December 1, 1997, the Board shall adopt, as
5 applicable:
6         (1) performance standards for organic waste compost
7     facilities; and
8         (2) testing procedures and standards for the
9     end-product compost produced by organic waste compost
10     facilities.
11     The Board shall evaluate the merits of different standards
12 for end-product compost applications.
13     (c) On-site residential composting that is used solely for
14 the purpose of composting organic waste generated on-site and
15 that will not be offered for off-site sale or use is exempt
16 from any standards promulgated under subsections (a) and (b).
17 Subsection (b)(2) shall not apply to end-product compost used
18 as daily cover or vegetative amendment in the final layer.
19 Subsection (b) applies to any end-product compost offered for
20 sale or use in Illinois.
21     (d) For the purposes of this Section, "organic waste" means
22 food scrap waste, landscape waste, wood waste, livestock waste,
23 crop residue, paper waste, or other non-hazardous carbonaceous
24 waste that is collected and processed separately from the rest
25 of the municipal waste stream.
26     (e) Except as otherwise provided in Board rules, solid

 

 

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1 waste permits for organic waste composting facilities shall be
2 issued under the Board's Solid Waste rules at 35 Ill. Adm. Code
3 807. The permits must include, but shall not be limited to,
4 measures designed to reduce pathogens in the compost.
5 (Source: P.A. 87-1227; 88-690, eff. 1-24-95.)