(415 ILCS 5/3.135)
(was 415 ILCS 5/3.94)
Coal combustion by-product; CCB.
(a) "Coal combustion
by-product" (CCB) means coal combustion waste when used beneficially in any of
the following ways:
(1) The extraction or recovery of material compounds
(2) The use of CCB as a raw ingredient or mineral
filler in the manufacture of the following commercial products: cement; concrete and concrete mortars; cementious products including block, pipe and precast/prestressed components; asphalt or cementious roofing products; plastic products including pipes and fittings; paints and metal alloys; kiln fired products including bricks, blocks, and tiles; abrasive media; gypsum wallboard; asphaltic concrete, or asphalt based paving material.
(3) CCB used (A) in accordance with the Illinois
Department of Transportation ("IDOT") standard specifications and subsection (a-5) of this Section or (B) under the approval of the Department of Transportation for IDOT projects.
(4) Bottom ash used as antiskid material, athletic
(5) Use in the stabilization or modification of soils
providing the CCB meets the IDOT specifications for soil modifiers.
(6) CCB used as a functionally equivalent substitute
for agricultural lime as a soil conditioner.
(6.5) CCB that is a synthetic gypsum that:
(A) has a calcium sulfate dihydrate content
greater than 90%, by dry weight, and is generated by the lime or limestone forced oxidation process;
(B) is registered with the Illinois Department
of Agriculture as a fertilizer or soil amendment and is used as a fertilizer or soil amendment;
(C) is a functionally equivalent substitute for
mined gypsum (calcium sulfate dihydrate) used as a fertilizer or soil amendment;
(D) is used in accordance with, and applied at
a rate consistent with, documented recommendations of a qualified agricultural professional or institution, including, but not limited to any of the following: certified crop adviser, agronomist, university researcher, federal Natural Resources Conservation Service Conservation Practice Standard regarding the amendment of soil properties with gypsum, or State-approved nutrient management plan; but in no case is applied at a rate greater than 5 dry tons per acre per year; and
(E) has not been mixed with any waste.
(7) Bottom ash used in non-IDOT pavement sub-base or
base, pipe bedding, or foundation backfill.
(8) Structural fill, designed and constructed
according to ASTM standard E2277-03 or Illinois Department of Transportation specifications, when used in an engineered application or combined with cement, sand, or water to produce a controlled strength fill material and covered with 12 inches of soil unless infiltration is prevented by the material itself or other cover material.
(9) Mine subsidence, mine fire control, mine sealing,
(a-5) Except to the extent that the uses are otherwise authorized by law
without such restrictions, the uses specified in items (a)(3)(A) and (a)(7) through (9) shall be subject to the
(A) CCB shall not have been mixed with hazardous
(B) CCB shall not exceed Class I Groundwater
Standards for metals when tested utilizing test method ASTM D3987-85. The sample or samples tested shall be representative of the CCB being considered for use.
(C) Unless otherwise exempted, users of CCB for the
purposes described in items (a)(3)(A) and (a)(7) through (9) of this Section shall provide notification to the Agency for each project utilizing CCB documenting the quantity of CCB utilized and certification of compliance with conditions (A) and (B) of this subsection. Notification shall not be required for users of CCB for purposes described in items (a)(1), (a)(2), (a)(3)(B), (a)(4), (a)(5) and (a)(6) of this Section, or as required specifically under a beneficial use determination as provided under this Section, or pavement base, parking lot base, or building base projects utilizing less than 10,000 tons, flowable fill/grout projects utilizing less than 1,000 cubic yards or other applications utilizing less than 100 tons.
(D) Fly ash shall be managed in a manner that
minimizes the generation of airborne particles and dust using techniques such as moisture conditioning, granulating, inground application, or other demonstrated method.
(E) CCB is not to be accumulated speculatively. CCB
is not accumulated speculatively if during the calendar year, the CCB used is equal to 75% of the CCB by weight or volume accumulated at the beginning of the period.
(F) CCB shall include any prescribed mixture of fly
ash, bottom ash, boiler slag, flue gas desulfurization scrubber sludge, fluidized bed combustion ash, and stoker boiler ash and shall be tested as intended for use.
(b) To encourage and promote the utilization of CCB in productive and beneficial
applications, upon request by the applicant, the Agency shall make a written beneficial use determination that coal-combustion
waste is CCB when used in a manner other than those uses specified in subsection (a) of this Section if the applicant demonstrates that use of the coal-combustion waste satisfies all of the following criteria: the use will not cause, threaten, or allow the discharge of any contaminant into the environment; the use will otherwise protect human health and safety and the environment; and the use constitutes a legitimate use of the coal-combustion waste as an ingredient or raw material that is an effective substitute for an analogous ingredient or raw material.
The Agency's beneficial use determinations may allow the uses set forth in items (a)(3)(A) and (a)(7) through (9) of this Section without the CCB being subject to the restrictions set forth in subdivisions (a-5)(B) and (a-5)(E) of this Section.
Within 90 days after the receipt of an application for a beneficial use determination under this subsection (b), the Agency shall, in writing, approve, disapprove, or approve with conditions the beneficial use. Any disapproval or approval with conditions shall include the Agency's reasons for the disapproval or conditions. Failure of the Agency to issue a decision within 90 days shall constitute disapproval of the beneficial use request. These beneficial use determinations are subject to review under Section 40 of this Act.
Any approval of a beneficial use under this subsection (b) shall become effective upon the date of the Agency's written decision and remain in effect for a period of 5 years. If an applicant desires to continue a beneficial use after the expiration of the 5-year period, the applicant must submit an application for renewal no later than 90 days prior to the expiration. The beneficial use approval shall be automatically extended unless denied by the Agency in writing with the Agency's reasons for disapproval, or unless the Agency has requested an extension for review, in which case the use will continue to be allowed until an Agency determination is made.
Coal-combustion waste for which a beneficial use is approved pursuant to this subsection (b) shall be considered CCB during the effective period of the approval, as long as it is used in accordance with the approval and any conditions.
Notwithstanding the other provisions of this subsection (b), written beneficial use determination applications for the use of CCB at sites governed by the federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87) or the rules and regulations thereunder, or by any law or rule or regulation adopted by the State of Illinois pursuant thereto, shall be reviewed and approved by the Office of Mines and Minerals within the Department of Natural Resources pursuant to 62 Ill. Adm. Code §§ 1700-1850. Further, appeals of those determinations shall be made pursuant to the Illinois Administrative Review Law.
The Board shall adopt rules establishing standards and procedures for the Agency's issuance of beneficial use determinations under this subsection (b). The Board rules may also, but are not required to, include standards and procedures for the revocation of the beneficial use determinations. Prior to the effective date of Board rules adopted under this subsection (b), the Agency is authorized to make beneficial use determinations in accordance with this subsection (b).
The Agency is authorized to prepare and distribute guidance documents relating to its administration of this Section. Guidance documents prepared under this subsection are not rules for the purposes of the Illinois Administrative Procedure Act.
(Source: P.A. 99-20, eff. 7-10-15.)
(415 ILCS 5/3.330)
(was 415 ILCS 5/3.32)
Pollution control facility.
(a) "Pollution control facility" is any waste storage site, sanitary
landfill, waste disposal site, waste transfer station, waste treatment
facility, or waste incinerator. This includes sewers, sewage treatment
plants, and any other facilities owned or operated by sanitary districts
organized under the Metropolitan Water Reclamation District Act.
The following are not pollution control facilities:
(2) waste storage sites regulated under 40 CFR, Part
(3) sites or facilities used by any person conducting
a waste storage, waste treatment, waste disposal, waste transfer or waste incineration operation, or a combination thereof, for wastes generated by such person's own activities, when such wastes are stored, treated, disposed of, transferred or incinerated within the site or facility owned, controlled or operated by such person, or when such wastes are transported within or between sites or facilities owned, controlled or operated by such person;
(4) sites or facilities at which the State is
performing removal or remedial action pursuant to Section 22.2 or 55.3;
(5) abandoned quarries used solely for the disposal
of concrete, earth materials, gravel, or aggregate debris resulting from road construction activities conducted by a unit of government or construction activities due to the construction and installation of underground pipes, lines, conduit or wires off of the premises of a public utility company which are conducted by a public utility;
(6) sites or facilities used by any person to
specifically conduct a landscape composting operation;
(7) regional facilities as defined in the Central
Midwest Interstate Low-Level Radioactive Waste Compact;
(8) the portion of a site or facility where coal
combustion wastes are stored or disposed of in accordance with subdivision (r)(2) or (r)(3) of Section 21;
(9) the portion of a site or facility used for the
collection, storage or processing of waste tires as defined in Title XIV;
(10) the portion of a site or facility used for
treatment of petroleum contaminated materials by application onto or incorporation into the soil surface and any portion of that site or facility used for storage of petroleum contaminated materials before treatment. Only those categories of petroleum listed in Section 57.9(a)(3) are exempt under this subdivision (10);
(11) the portion of a site or facility where used oil
is collected or stored prior to shipment to a recycling or energy recovery facility, provided that the used oil is generated by households or commercial establishments, and the site or facility is a recycling center or a business where oil or gasoline is sold at retail;
(11.5) processing sites or facilities that receive
only on-specification used oil, as defined in 35 Ill. Admin. Code 739, originating from used oil collectors for processing that is managed under 35 Ill. Admin. Code 739 to produce products for sale to off-site petroleum facilities, if these processing sites or facilities are: (i) located within a home rule unit of local government with a population of at least 30,000 according to the 2000 federal census, that home rule unit of local government has been designated as an Urban Round II Empowerment Zone by the United States Department of Housing and Urban Development, and that home rule unit of local government has enacted an ordinance approving the location of the site or facility and provided funding for the site or facility; and (ii) in compliance with all applicable zoning requirements;
(12) the portion of a site or facility utilizing coal
combustion waste for stabilization and treatment of only waste generated on that site or facility when used in connection with response actions pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the federal Resource Conservation and Recovery Act of 1976, or the Illinois Environmental Protection Act or as authorized by the Agency;
(13) the portion of a site or facility that accepts
exclusively general construction or demolition debris and is operated and located in accordance with Section 22.38 of this Act;
(14) the portion of a site or facility, located
within a unit of local government that has enacted local zoning requirements, used to accept, separate, and process uncontaminated broken concrete, with or without protruding metal bars, provided that the uncontaminated broken concrete and metal bars are not speculatively accumulated, are at the site or facility no longer than one year after their acceptance, and are returned to the economic mainstream in the form of raw materials or products;
(15) the portion of a site or facility located in a
county with a population over 3,000,000 that has obtained local siting approval under Section 39.2 of this Act for a municipal waste incinerator on or before July 1, 2005 and that is used for a non-hazardous waste transfer station;
(16) a site or facility that temporarily holds in
transit for 10 days or less, non-putrescible solid waste in original containers, no larger in capacity than 500 gallons, provided that such waste is further transferred to a recycling, disposal, treatment, or storage facility on a non-contiguous site and provided such site or facility complies with the applicable 10-day transfer requirements of the federal Resource Conservation and Recovery Act of 1976 and United States Department of Transportation hazardous material requirements. For purposes of this Section only, "non-putrescible solid waste" means waste other than municipal garbage that does not rot or become putrid, including, but not limited to, paints, solvent, filters, and absorbents;
(17) the portion of a site or facility located in a
county with a population greater than 3,000,000 that has obtained local siting approval, under Section 39.2 of this Act, for a municipal waste incinerator on or before July 1, 2005 and that is used for wood combustion facilities for energy recovery that accept and burn only wood material, as included in a fuel specification approved by the Agency;
(18) a transfer station used exclusively for
landscape waste, including a transfer station where landscape waste is ground to reduce its volume, where the landscape waste is held no longer than 24 hours from the time it was received;
(19) the portion of a site or facility that (i) is
used for the composting of food scrap, livestock waste, crop residue, uncontaminated wood waste, or paper waste, including, but not limited to, corrugated paper or cardboard, and (ii) meets all of the following requirements:
(A) There must not be more than a total of 30,000
cubic yards of livestock waste in raw form or in the process of being composted at the site or facility at any one time.
(B) All food scrap, livestock waste, crop
residue, uncontaminated wood waste, and paper waste must, by the end of each operating day, be processed and placed into an enclosed vessel in which air flow and temperature are controlled, or all of the following additional requirements must be met:
(i) The portion of the site or facility used
for the composting operation must include a setback of at least 200 feet from the nearest potable water supply well.
(ii) The portion of the site or facility used
for the composting operation must be located outside the boundary of the 10-year floodplain or floodproofed.
(iii) Except in municipalities with more than
1,000,000 inhabitants, the portion of the site or facility used for the composting operation must be located at least one-eighth of a mile from the nearest residence, other than a residence located on the same property as the site or facility.
(iv) The portion of the site or facility used
for the composting operation must be located at least one-eighth of a mile from the property line of all of the following areas:
(I) Facilities that primarily serve to
house or treat people that are immunocompromised or immunosuppressed, such as cancer or AIDS patients; people with asthma, cystic fibrosis, or bioaerosol allergies; or children under the age of one year.
(II) Primary and secondary schools and
adjacent areas that the schools use for recreation.
(III) Any facility for child care
licensed under Section 3 of the Child Care Act of 1969; preschools; and adjacent areas that the facilities or preschools use for recreation.
(v) By the end of each operating day, all
food scrap, livestock waste, crop residue, uncontaminated wood waste, and paper waste must be (i) processed into windrows or other piles and (ii) covered in a manner that prevents scavenging by birds and animals and that prevents other nuisances.
(C) Food scrap, livestock waste, crop residue,
uncontaminated wood waste, paper waste, and compost must not be placed within 5 feet of the water table.
(D) The site or facility must meet all of the
requirements of the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
(E) The site or facility must not (i) restrict
the flow of a 100-year flood, (ii) result in washout of food scrap, livestock waste, crop residue, uncontaminated wood waste, or paper waste from a 100-year flood, or (iii) reduce the temporary water storage capacity of the 100-year floodplain, unless measures are undertaken to provide alternative storage capacity, such as by providing lagoons, holding tanks, or drainage around structures at the facility.
(F) The site or facility must not be located in
any area where it may pose a threat of harm or destruction to the features for which:
(i) an irreplaceable historic or
archaeological site has been listed under the National Historic Preservation Act (16 U.S.C. 470 et seq.) or the Illinois Historic Preservation Act;
(ii) a natural landmark has been designated
by the National Park Service or the Illinois State Historic Preservation Office; or
(iii) a natural area has been designated as a
Dedicated Illinois Nature Preserve under the Illinois Natural Areas Preservation Act.
(G) The site or facility must not be located in
an area where it may jeopardize the continued existence of any designated endangered species, result in the destruction or adverse modification of the critical habitat for such species, or cause or contribute to the taking of any endangered or threatened species of plant, fish, or wildlife listed under the Endangered Species Act (16 U.S.C. 1531 et seq.) or the Illinois Endangered Species Protection Act;
(20) the portion of a site or facility that is
located entirely within a home rule unit having a population of no less than 120,000 and no more than 135,000, according to the 2000 federal census, and that meets all of the following requirements:
(i) the portion of the site or facility is used
exclusively to perform testing of a thermochemical conversion technology using only woody biomass, collected as landscape waste within the boundaries of the home rule unit, as the hydrocarbon feedstock for the production of synthetic gas in accordance with Section 39.9 of this Act;
(ii) the portion of the site or facility is in
compliance with all applicable zoning requirements; and
(iii) a complete application for a demonstration
permit at the portion of the site or facility has been submitted to the Agency in accordance with Section 39.9 of this Act within one year after July 27, 2010 (the effective date of Public Act 96-1314);
(21) the portion of a site or facility used to
perform limited testing of a gasification conversion technology in accordance with Section 39.8 of this Act and for which a complete permit application has been submitted to the Agency prior to one year from April 9, 2010 (the effective date of Public Act 96-887);
(22) the portion of a site or facility that is used
to incinerate only pharmaceuticals from residential sources that are collected and transported by law enforcement agencies under Section 17.9A of this Act;
(23) the portion of a site or facility:
(A) that is used exclusively for the transfer of
commingled landscape waste and food scrap held at the site or facility for no longer than 24 hours after their receipt;
(B) that is located entirely within a home rule
unit having a population of (i) not less than 100,000 and not more than 115,000 according to the 2010 federal census, (ii) not less than 5,000 and not more than 10,000 according to the 2010 federal census, or (iii) not less than 25,000 and not more than 30,000 according to the 2010 federal census or that is located in the unincorporated area of a county having a population of not less than 700,000 and not more than 705,000 according to the 2010 federal census;
(C) that is permitted, by the Agency, prior to
January 1, 2002, for the transfer of landscape waste if located in a home rule unit or that is permitted prior to January 1, 2008 if located in an unincorporated area of a county; and
(D) for which a permit application is submitted
to the Agency to modify an existing permit for the transfer of landscape waste to also include, on a demonstration basis not to exceed 24 months each time a permit is issued, the transfer of commingled landscape waste and food scrap or for which a permit application is submitted to the Agency within 6 months of the effective date of this amendatory Act of the 100th General Assembly; and
(24) the portion of a municipal solid waste
(A) that is located in a county having a
population of not less than 55,000 and not more than 60,000 according to the 2010 federal census;
(B) that is owned by that county;
(C) that is permitted, by the Agency, prior to
July 10, 2015 (the effective date of Public Act 99-12); and
(D) for which a permit application is submitted
to the Agency within 6 months after July 10, 2015 (the effective date of Public Act 99-12) for the disposal of non-hazardous special waste.
(b) A new pollution control facility is:
(1) a pollution control facility initially permitted
for development or construction after July 1, 1981; or
(2) the area of expansion beyond the boundary of a
currently permitted pollution control facility; or
(3) a permitted pollution control facility
requesting approval to store, dispose of, transfer or incinerate, for the first time, any special or hazardous waste.
(Source: P.A. 99-12, eff. 7-10-15; 99-440, eff. 8-21-15; 99-642, eff. 7-28-16; 100-94, eff. 8-11-17.)
(415 ILCS 5/3.360)
(was 415 ILCS 5/3.84)
Potentially infectious medical waste.
(a) "Potentially infectious medical waste" means
the following types of waste generated in connection with the diagnosis,
treatment (i.e., provision of medical services), or immunization of
human beings or animals; research pertaining to the provision of medical
services; or the production or testing of biologicals:
(1) Cultures and stocks. This waste shall include but
not be limited to cultures and stocks of agents infectious to humans, and associated biologicals; cultures from medical or pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live or attenuated vaccines; or culture dishes and devices used to transfer, inoculate, or mix cultures.
(2) Human pathological wastes. This waste shall
include tissue, organs, and body parts (except teeth and the contiguous structures of bone and gum); body fluids that are removed during surgery, autopsy, or other medical procedures; or specimens of body fluids and their containers.
(3) Human blood and blood products. This waste shall
include discarded human blood, blood components (e.g., serum and plasma), or saturated material containing free flowing blood or blood components.
(4) Used sharps. This waste shall include but not be
limited to discarded sharps used in animal or human patient care, medical research, or clinical or pharmaceutical laboratories; hypodermic, intravenous, or other medical needles; hypodermic or intravenous syringes; Pasteur pipettes; scalpel blades; or blood vials. This waste shall also include but not be limited to other types of broken or unbroken glass (including slides and cover slips) in contact with infectious agents.
(5) Animal waste. Animal waste means discarded
materials, including carcasses, body parts, body fluids, blood, or bedding originating from animals inoculated during research, production of biologicals, or pharmaceutical testing with agents infectious to humans.
(6) Isolation waste. This waste shall include
discarded materials contaminated with blood, excretions, exudates, and secretions from humans that are isolated to protect others from highly communicable diseases. "Highly communicable diseases" means those diseases identified by the Board in rules adopted under subsection (e) of Section 56.2 of this Act.
(7) Unused sharps. This waste shall include but not
be limited to the following unused, discarded sharps: hypodermic, intravenous, or other needles; hypodermic or intravenous syringes; or scalpel blades.
(b) Potentially infectious medical waste does not include:
(1) waste generated as general household waste;
(2) waste (except for sharps) for which the
infectious potential has been eliminated by treatment;
(3) sharps that meet both of the following conditions:
(A) the infectious potential has been eliminated
from the sharps by treatment; and
(B) the sharps are rendered unrecognizable by
(4) sharps that are managed in accordance with the
(A) the infectious potential is eliminated from
the sharps by treatment at a facility that is permitted by the Agency for the treatment of potentially infectious medical waste;
(B) the sharps are certified by the treatment
facility as non-special waste in accordance with Section 22.48 of this Act;
(C) the sharps are packaged at the treatment
facility the same as required under Board rules for potentially infectious medical waste;
(D) the sharps are transported under the custody
of the treatment facility to a landfill permitted by the Agency under Section 21 of this Act to accept municipal waste for disposal; and
(E) the activities in subparagraphs (A) through
(D) of this paragraph (4) are authorized in, and conducted in accordance with, a permit issued by the Agency to the treatment facility.
(Source: P.A. 98-366, eff. 1-1-14.)