Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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ENVIRONMENTAL SAFETY415 ILCS 85/1
(415 ILCS 85/) Toxic Pollution Prevention Act.
(415 ILCS 85/1)
(from Ch. 111 1/2, par. 7951)
This Act shall be known as the
Toxic Pollution Prevention Act.
(Source: P.A. 86-914.)
415 ILCS 85/2
(415 ILCS 85/2)
(from Ch. 111 1/2, par. 7952)
(a) The General Assembly finds:
(1) that significant opportunities may exist for industry to eliminate or
reduce the generation of toxic substances at the source through
modifications in production, operation and raw materials use;
(2) that such modifications may offer significant savings through
reduced raw materials, insurance and pollution control costs and are
likely to improve worker health and safety;
(3) that toxic pollution prevention opportunities are not realized
because (i) existing regulations focus on treatment and disposal of wastes that have
already been generated, rather than reducing the use of toxic substances at
the source; (ii) existing regulations do not emphasize multimedia management
of waste; and (iii) industries may need technical assistance for toxic
(4) that State environmental agencies can help promote toxic pollution
prevention by disseminating information about such strategies to a range of
industries, both large and small; and
(5) that some industries may require on-site technical assistance from the State.
(b) It is the purpose of this Act to reduce the disposal and release of
toxic substances which may have adverse and serious health and environmental
effects, to promote toxic pollution prevention as the preferred means for
achieving compliance with environmental laws and regulations, to establish
State programs that provide high-level attention to toxic pollution prevention
policy initiatives, to integrate existing regulatory programs to promote
toxic pollution prevention, and to stimulate toxic pollution prevention
strategies by industry.
(Source: P.A. 86-914.)
415 ILCS 85/3
(415 ILCS 85/3)
(from Ch. 111 1/2, par. 7953)
As used in this Act:
"Agency" means the Illinois Environmental Protection Agency.
"Center" means the Illinois Sustainable Technology Center.
"Person" means any individual, partnership, co-partnership, firm,
company, corporation, association, joint stock company, trust, political
subdivision, State agency, or any other legal entity, or its legal
representative, agent or assigns.
"Release" means emission to the air, discharge to surface waters or
off-site wastewater treatment facilities, or on-site release to the land,
including but not limited to landfills, surface impoundments and injection
"Toxic substance" means any substance listed by the Agency pursuant
to Section 4 of this Act.
"Toxic pollution prevention" means in-plant practices that reduce, avoid or
eliminate: (i) the use of toxic substances, (ii) the generation of toxic
constituents in wastes, (iii) the disposal or release of toxic substances into
the environment, or (iv) the development or manufacture of products with toxic
constituents, through the application of any of the following techniques:
(1) input substitution, which refers to replacing a
toxic substance or raw material used in a production process with a nontoxic or less toxic substance;
(2) product reformulation, which refers to
substituting for an existing end product an end product which is nontoxic or less toxic upon use, release or disposal;
(3) production process redesign or modification,
which refers to developing and using production processes of a different design than those currently used;
(4) production process modernization, which refers to
upgrading or replacing existing production process equipment or methods with other equipment or methods based on the same production process;
(5) improved operation and maintenance of existing
production process equipment and methods, which refers to modifying or adding to existing equipment or methods, including but not limited to such techniques as improved housekeeping practices, system adjustments, product and process inspections, and production process control equipment or methods;
(6) recycling, reuse or extended use of toxic
substances by using equipment or methods which become an integral part of the production process, including but not limited to filtration and other closed loop methods.
However, "toxic pollution prevention" shall not include or in any way be
inferred to promote or require incineration, transfer from one medium of
release to another, off-site or out of process waste recycling, or end of
pipe treatment of toxic substances.
"Trade secret" means any information concerning production processes
employed or substances manufactured, processed or otherwise used within a
facility which the Agency determines to satisfy the criteria established
under Section 3.490 of the Environmental Protection Act, and to
which specific trade secret status has been granted by the Agency.
(Source: P.A. 98-346, eff. 8-14-13.)
415 ILCS 85/4
(415 ILCS 85/4)
(from Ch. 111 1/2, par. 7954)
Toxic Pollution Prevention Program.
There is hereby
established within the Agency a Toxic Pollution Prevention Program. The
Program, at a minimum, shall:
(1) Identify all federal and State laws or regulations pertaining to
waste disposal and release of toxic substances into the environment. The
Program shall promote increased coordination of efforts to administer and
enforce these laws and regulations, review draft administrative rules
before submission to determine their potential impact on toxic pollution
prevention and determine how Agency programs should be coordinated or
modified to promote toxic pollution prevention.
(2) Develop a toxic pollution prevention manual for
Agency inspectors and permit reviewers.
(3) Establish procedures for expediting permit
application review for process or equipment modifications that involve
toxic pollution prevention.
(4) Develop a list of toxic substances which it believes should receive
priority consideration for toxic pollution prevention based upon an
examination of toxic release inventory reports filed with the Agency
pursuant to Section 313 of the federal Emergency Planning and Community
Right to Know Act of 1986. The Program shall take into account available
health and environmental effects data, volumes of toxic releases and degree
of hazard. The Program shall review and update the list at least once
every 2 years.
(5) Establish, in cooperation with the Center, methods and procedures
for managing toxic pollution prevention information and for assessing the
progress of toxic pollution prevention statewide.
(6) To the extent practicable, use the forms, practices and procedures
already in place in established environmental protection programs.
(Source: P.A. 86-914; 86-1363.)
415 ILCS 85/5
(415 ILCS 85/5)
(from Ch. 111 1/2, par. 7955)
Toxic Pollution Prevention Assistance Program.
hereby established a Toxic Pollution Prevention Assistance Program at the Illinois Sustainable Technology
Center. The Center may establish
cooperative programs with public and private colleges and universities
designed to augment the implementation of this Section. The Center may
establish fees, tuition, or other financial charges for participation in
the Assistance Program. These monies shall be deposited in the Toxic
Pollution Prevention Fund established in Section 7 of this Act. Through the
Assistance Program, the Center:
(1) Shall provide general information about and
actively publicize the advantages of and developments in toxic pollution prevention and sustainability practices.
(2) May establish courses, seminars, conferences and
other events, and reports, updates, guides and other publications and other means of providing technical information for industries, local governments and citizens concerning toxic pollution prevention strategies, and may, as appropriate, work in cooperation with the Agency.
(3) Shall engage in research on toxic pollution
prevention methods. Such research shall include assessments of the impact of adopting toxic pollution prevention methods on the environment, the public health, and worker exposure, and assessments of the impact on profitability and employment within affected industries.
(4) Shall provide on-site technical consulting, to
the extent practicable, to help facilities to identify opportunities for toxic pollution prevention, and to develop comprehensive toxic pollution prevention plans that would include water, energy, and solid waste. To be eligible for such consulting, the owner or operator of a facility must agree to allow information regarding the results of such consulting to be shared with the public, provided that the identity of the facility shall be made available only with its consent, and trade secret information shall remain protected.
(5) May sponsor pilot projects in cooperation with
the Agency, or an institute of higher education to develop and demonstrate innovative technologies and methods for toxic pollution prevention and sustainable development. The results of all such projects shall be available for use by the public, but trade secret information shall remain protected.
(6) May award grants for activities that further the
purposes of this Act, including but not limited to the following:
(A) grants to not-for-profit organizations to
establish free or low-cost technical assistance or educational programs to supplement the toxic pollution prevention activities of the Center;
(B) grants to assist trade associations, business
organizations, labor organizations and educational institutions in developing training materials to foster toxic pollution prevention; and
(C) grants to assist industry, business
organizations, labor organizations, education institutions and industrial hygienists to identify, evaluate and implement toxic pollution prevention measures and alternatives through audits, plans and programs.
The Center may establish criteria and terms for such
grants, including a requirement that a grantee provide matching funds. Grant money awarded under this Section may not be spent for capital improvements or equipment.
In determining whether to award a grant, the Center
shall consider at least the following:
(i) the potential of the project to prevent
(ii) the likelihood that the project will develop
techniques or processes that will minimize the transfer of pollution from one environmental medium to another;
(iii) the extent to which information to be
developed through the project will be applicable to other persons in the State; and
(iv) the willingness of the grant applicant to
assist the Center in disseminating information about the pollution prevention methods to be developed through the project.
(7) Shall establish and operate a State information
clearinghouse that assembles, catalogues and disseminates information about toxic pollution prevention and available consultant services. Such clearinghouse shall include a computer database containing information on managerial, technical and operational approaches to achieving toxic pollution prevention. The computer database must be maintained on a system designed to enable businesses, governmental agencies and the general public readily to obtain information specific to production technologies, materials, operations and products. A business shall not be required to submit to the clearinghouse any information that is a trade secret.
(8) May contract with an established institution of
higher education to assist the Center in carrying out the provisions of this Section. The assistance provided by such an institution may include, but need not be limited to:
(A) engineering field internships to assist
industries in identifying toxic pollution prevention opportunities;
(B) development of a toxic pollution prevention
curriculum for students and faculty; and
(C) applied toxic pollution prevention and
(9) Shall emphasize assistance to businesses that
have inadequate technical and financial resources to obtain information and to assess and implement toxic pollution prevention methods.
(10) Shall publish a biannual report on its toxic
pollution prevention and sustainable development activities, achievements, identified problems and future goals.
(Source: P.A. 98-346, eff. 8-14-13.)
415 ILCS 85/6
(415 ILCS 85/6)
(from Ch. 111 1/2, par. 7956)
Toxic Pollution Prevention Innovation Plan.
(a) Beginning January 1, 1990, any person may submit to the Agency a plan
which proposes to achieve toxic pollution prevention through the use of an
innovative production process involving a new application of technology or
a combination of existing technologies that have not previously been
implemented together. Such plan shall describe the innovative production
process, the expected benefits, and the proposed implementation schedule.
The plan shall also describe any potential problems that might occur under
the plan with respect to compliance with State environmental laws or
regulations pertaining to the release or disposal of toxic substances.
(b) The Agency shall concur with a proposed toxic pollution prevention
innovation plan if the owner or operator of the affected facility
demonstrates to the Agency that:
(1) the proposed process will be effective in toxic pollution prevention;
(2) the proposed process will achieve at least the level of toxic
pollution prevention of other available processes; and
(3) the proposed process is not reasonably expected to have any
significant adverse effect on public health or the environment in the
course of its operation, function or malfunction.
If the Agency does not concur with the proposed plan, the Agency shall
provide the owner or operator with a written statement of the reasons
for its refusal to concur, and the owner or operator may modify the plan or
submit a new plan for review.
(c) The Agency shall consider any potential compliance problems that are
identified during the review process. To the extent feasible under
applicable law and consistent with prudent environmental practices, the
Agency shall make every reasonable effort to accommodate a proposed process
with which it has concurred. Such accommodation may include, without
limitation, the following:
(1) expedited coordination and processing of any applicable permit applications;
(2) cooperation, as appropriate, with any request for an applicable
variance, adjusted standard or site-specific standard pursuant to the
Environmental Protection Act; and
(3) appropriate technical assistance to avoid or eliminate any potential
compliance problems resulting from the proposed process.
(d) The Agency shall establish rules and procedures for concurring with
toxic pollution prevention innovation plans within one year after the
effective date of this Act. Under such rules and procedures, the Agency shall
make a final determination within 120 days after receiving a proposed plan.
Any such concurrence shall be for a period not exceeding 2 years.
(e) The Agency shall monitor the implementation and effectiveness of any
toxic pollution prevention innovation plan that is implemented under this
Section. The Agency may use monies from the Environmental Protection Permit
Inspection Fund to implement this Section.
(Source: P.A. 86-914.)
415 ILCS 85/7
(415 ILCS 85/7)
(from Ch. 111 1/2, par. 7957)
Toxic Pollution Prevention Fund.
(a) The Toxic Pollution
Prevention Fund is hereby created as a special fund in the State treasury.
The Fund shall be used for the purposes of carrying out the provisions of
this Act, and shall not be used for hazardous waste cleanups or related
activities. The Governor shall include a recommendation to the General
Assembly on the division of moneys in the Fund between the Agency and
Center in the annual State budget proposal.
(b) The Fund shall be credited with all the monies raised by the
Center pursuant to this Act. These monies
shall be appropriated in addition to other State and federal monies, grants
and allocations. Interest received on monies in the Fund shall be credited to the Fund.
(Source: P.A. 86-914.)