Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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ENVIRONMENTAL SAFETY415 ILCS 5/22.52
(415 ILCS 5/) Environmental Protection Act.
(415 ILCS 5/22.52)
Conflict of interest.
Effective 30 days after the effective date of this amendatory Act of the 94th General Assembly, none of the following persons shall have a direct financial interest in or receive a personal financial benefit from any waste-disposal operation or any clean construction or demolition debris fill operation that requires a permit or interim authorization under this Act, or any corporate entity related to any such waste-disposal operation or clean construction or demolition debris fill operation:
(i) the Governor of the State of Illinois;
(ii) the Attorney General of the State of Illinois;
(iii) the Director of the Illinois Environmental
(iv) the Chairman of the Illinois Pollution Control
(v) the members of the Illinois Pollution Control
(vi) the staff of any person listed in items (i)
through (v) of this Section who makes a regulatory or licensing decision that directly applies to any waste-disposal operation or any clean construction or demolition debris fill operation; and
(vii) a relative of any person listed in items (i)
through (vi) of this Section.
The prohibitions of this Section shall apply during the person's term of State employment and shall continue for 5 years after the person's termination of State employment. The prohibition of this Section shall not apply to any person whose State employment terminates prior to 30 days after the effective date of this amendatory Act of the 94th General Assembly.
For the purposes of this Section:
(a) The terms "direct financial interest" and
"personal financial benefit" do not include the ownership of publicly traded stock.
(b) The term "relative" means father, mother, son,
daughter, brother, sister, uncle, aunt, husband, wife, father-in-law, or mother-in-law.
(Source: P.A. 94-272, eff. 7-19-05.)
415 ILCS 5/22.53
(415 ILCS 5/22.53)
Computer Equipment Disposal and Recycling Commission.
(a) The General Assembly finds that improper disposal of computer equipment
presents a serious environmental threat. Computer equipment contains
quantities of lead, mercury, other heavy metals, and plastics that, when
improperly disposed of, can lead to environmental contamination.
(b) There is hereby created the Computer Equipment Disposal and Recycling
Commission consisting of 7 members appointed as follows: 2 members appointed by
the Governor, one of whom shall serve as Chairperson of the Commission;
one member appointed by the Lieutenant Governor who shall serve as
vice-chairperson; one member appointed by the Speaker of the House of
Representatives; one member appointed by the Minority Leader of the House of
Representatives; one member appointed by the President of the Senate; and one
member appointed by the Minority Leader of the Senate; all of whom shall serve
without compensation. The Commission may accept and expend for its purposes
any funds granted to the Commission by any agency of State or federal
government or through private donation dealing exclusively with computer
(c) The Commission shall have all of the following objectives:
(1) To investigate problems and concerns related to
the disposal and recycling of computer equipment.
(2) To advise the General Assembly and State agencies
with respect to legislative, regulatory, or other actions within the area of computer equipment disposal, and any related subject matter (i.e. fax machines, printers, etc.).
(3) To make recommendations regarding the development
and establishment of pilot programs and ongoing programs for the recycling and proper disposal of computer equipment.
(d) The Commission shall issue a report of its findings and recommendations
in relation to the objectives listed in subsection (c) of this Section to the
Governor, the General Assembly, and the Director of the Environmental
Protection Agency on or before May 31, 2006. In preparing its report, the Commission shall seek input from and consult with business organizations, trade organizations, trade associations, solid waste agencies, and environmental organizations with expertise in computer equipment disposal and recycling.
(e) Beginning on May 31, 2007, the Commission shall evaluate the
of programs by the State relating to computer equipment disposal and
recycling, and shall issue a report of its finding and recommendations to the
Governor, the General Assembly, and the Director of the Environmental
Protection Agency on or before December 31, 2008.
(f) The Commission, upon issuing the report described in subsection (e) of
this Section, is dissolved.
(Source: P.A. 94-518, eff. 8-10-05; 95-331, eff. 8-21-07.)
415 ILCS 5/22.54
(415 ILCS 5/22.54)
Beneficial Use Determinations.
The purpose of this Section is to allow the Agency to determine that a material otherwise required to be managed as waste may be managed as non-waste if that material is used beneficially and in a manner that is protective of human health and the environment.
(a) To the extent allowed by federal law, the Agency may, upon the request of an applicant, make a written determination that a material is used beneficially (rather than discarded) and, therefore, not a waste if the applicant demonstrates all of the following:
(1) The chemical and physical properties of the
material are comparable to similar commercially available materials.
(2) The market demand for the material is such that
all of the following requirements are met:
(A) The material will be used within a reasonable
(B) The material's storage prior to use will be
(C) The material will not be abandoned.
(3) The material is legitimately beneficially used.
For the purposes of this item (3) of subsection (a) of this Section, a material is "legitimately beneficially used" if the applicant demonstrates all of the following:
(A) The material is managed separately from
waste, as a valuable material, and in a manner that maintains its beneficial usefulness, including, but not limited to, storing in a manner that minimizes the material's loss and maintains its beneficial usefulness.
(B) The material is used as an effective
substitute for a similar commercially available material. For the purposes of this paragraph (B) of item (3) of subsection (a) of this Section, a material is "used as an effective substitute for a commercially available material" if the applicant demonstrates one or more of the following:
(i) The material is used as a valuable raw
material or ingredient to produce a legitimate end product.
(ii) The material is used directly as a
legitimate end product in place of a similar commercially available product.
(iii) The material replaces a catalyst or
carrier to produce a legitimate end product.
The applicant's demonstration under this
paragraph (B) of item (3) of subsection (a) of this Section must include, but is not limited to, a description of the use of the material, a description of the use of the legitimate end product, and a demonstration that the use of the material is comparable to the use of similar commercially available products.
(C) The applicant demonstrates all of the
(i) The material is used under paragraph (B)
of item (3) of subsection (a) of this Section within a reasonable time.
(ii) The material's storage prior to use is
(iii) The material is not abandoned.
(4) The management and use of the material will not
cause, threaten, or allow the release of any contaminant into the environment, except as authorized by law.
(5) The management and use of the material otherwise
protects human health and safety and the environment.
(b) Applications for beneficial use determinations must be submitted on forms and in a format prescribed by the Agency. Agency approval, approval with conditions, or disapproval of an application for a beneficial use determination must be in writing. Approvals with conditions and disapprovals of applications for a beneficial use determination must include the Agency's reasons for the conditions or disapproval, and they are subject to review under Section 40 of this Act.
(c) Beneficial use determinations shall be effective for a period approved by the Agency, but that period may not exceed 5 years. Material that is beneficially used (i) in accordance with a beneficial use determination, (ii) during the effective period of the beneficial use determination, and (iii) by the recipient of a beneficial use determination shall maintain its non-waste status after the effective period of the beneficial use determination unless its use no longer complies with the terms of the beneficial use determination or the material otherwise becomes waste.
(d) No recipient of a beneficial use determination shall manage or use the material that is the subject of the determination in violation of the determination or any conditions in the determination, unless the material is managed as waste.
(e) A beneficial use determination shall terminate by operation of law if, due to a change in law, it conflicts with the law; however, the recipient of the determination may apply for a new beneficial use determination that is consistent with the law as amended.
(f) This Section does not apply to hazardous waste, coal combustion waste, coal combustion by-product, sludge applied to the land, potentially infectious medical waste, or used oil.
(g) This Section does not apply to material that is burned for energy recovery, that is used to produce a fuel, or that is otherwise contained in a fuel.
(h) This Section does not apply to waste from the steel and foundry industries that is (i) classified as beneficially usable waste under Board rules and (ii) beneficially used in accordance with Board rules governing the management of beneficially usable waste from the steel and foundry industries. This Section does apply to other beneficial uses of waste from the steel and foundry industries, including, but not limited to, waste that is classified as beneficially usable waste but not used in accordance with the Board's rules governing the management of beneficially usable waste from the steel and foundry industries. No person shall use iron slags, steelmaking slags, or foundry sands for land reclamation purposes unless they have obtained a beneficial use determination for such use under this Section.
(i) For purposes of this Section, the term "commercially available material" means virgin material that (i) meets industry standards for a specific use and (ii) is normally sold for such use. For purposes of this Section, the term "commercially available product" means a product made of virgin material that (i) meets industry standards for a specific use and (ii) is normally sold for such use.
(j) Before issuing a beneficial use determination for the beneficial use of asphalt shingles, the Agency shall conduct an evaluation of the applicant's prior experience in asphalt shingle recycling operations. The Agency may deny such a beneficial use determination if the applicant, or any employee or officer of the applicant, has a history of any one or more of the following related to the operation of asphalt shingle recycling operation facilities or sites:
(1) repeated violations of federal, State, or local
laws, rules, regulations, standards, or ordinances;
(2) conviction in a court of this State or another
state of any crime that is a felony under the laws of this State;
(3) conviction in a federal court of any crime that
is a felony under federal law;
(4) conviction in a court of this State or another
state, or in a federal court, of forgery, official misconduct, bribery, perjury, or knowingly submitting false information under any environmental law, rule, regulation, or permit term or condition; or
(5) gross carelessness or incompetence in the
handling, storing, processing, transporting, disposing, or recycling of asphalt shingles.
(Source: P.A. 98-296, eff. 1-1-14.)