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91_SB1391
LRB9112340ACtm
1 AN ACT to amend the Environmental Protection Act.
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
5 by changing Section 9 as follows:
6 (415 ILCS 5/9) (from Ch. 111 1/2, par. 1009)
7 Sec. 9. Acts prohibited. No person shall:
8 (a) Cause or threaten or allow the discharge or emission
9 of any contaminant into the environment in any State so as to
10 cause or tend to cause air pollution in Illinois, either
11 alone or in combination with contaminants from other sources,
12 or so as to violate regulations or standards adopted by the
13 Board under this Act;
14 (b) Construct, install, or operate any equipment,
15 facility, vehicle, vessel, or aircraft capable of causing or
16 contributing to air pollution or designed to prevent air
17 pollution, of any type designated by Board regulations,
18 without a permit granted by the Agency, or in violation of
19 any conditions imposed by such permit;
20 (c) Cause or allow the open burning of refuse, conduct
21 any salvage operation by open burning, or cause or allow the
22 burning of any refuse in any chamber not specifically
23 designed for the purpose and approved by the Agency pursuant
24 to regulations adopted by the Board under this Act; except
25 that the Board may adopt regulations permitting open burning
26 of refuse in certain cases upon a finding that no harm will
27 result from such burning, or that any alternative method of
28 disposing of such refuse would create a safety hazard so
29 extreme as to justify the pollution that would result from
30 such burning;
31 (d) Sell, offer, or use any fuel or other article in any
-2- LRB9112340ACtm
1 areas in which the Pollution Control Board may by regulation
2 forbid its sale, offer, or use for reasons of air-pollution
3 control;
4 (e) Use, cause or allow the spraying of loose asbestos
5 for the purpose of fireproofing or insulating any building or
6 building material or other constructions, or otherwise use
7 asbestos in such unconfined manner as to permit asbestos
8 fibers or particles to pollute the air;
9 (f) Commencing July 1, 1985, sell any used oil for
10 burning or incineration in any incinerator, boiler, furnace,
11 burner or other equipment unless such oil meets standards
12 based on virgin fuel oil or re-refined oil, as defined in
13 ASTM D-396 or specifications under VV-F-815C promulgated
14 pursuant to the federal Energy Policy and Conservation Act,
15 and meets the manufacturer's and current NFDA code standards
16 for which such incinerator, boiler, furnace, burner or other
17 equipment was approved, except that this prohibition does not
18 apply to a sale to a permitted used oil re-refining or
19 reprocessing facility or sale to a facility permitted by the
20 Agency to burn or incinerate such oil.
21 Nothing herein shall limit the effect of any section of
22 this Title with respect to any form of asbestos, or the
23 spraying of any form of asbestos, or limit the power of the
24 Board under this Title to adopt additional and further
25 regulations with respect to any form of asbestos, or the
26 spraying of any form of asbestos.
27 This Section shall not limit the burning of landscape
28 waste upon the premises where it is produced or at sites
29 provided and supervised by any unit of local government,
30 except within any county having a population of more than
31 400,000. Nothing in this Section shall prohibit the burning
32 of landscape waste for agricultural purposes, habitat
33 management (including but not limited to forest and prairie
34 reclamation), or firefighter training. For the purposes of
-3- LRB9112340ACtm
1 this Act, the burning of landscape waste by production
2 nurseries shall be considered to be burning for agricultural
3 purposes.
4 Any grain elevator located outside of a major population
5 area, as defined in Section 211.3610 of Title 35 of the
6 Illinois Administrative Code, shall be exempt from the
7 requirements of Section 212.462 of Title 35 of the Illinois
8 Administrative Code provided that the elevator: (1) does not
9 violate the prohibitions of subsection (a) of this Section or
10 have a certified investigation, as defined in Section 211.970
11 of Title 35 of the Illinois Administrative Code, on file with
12 the Agency and (2) is not required to obtain a Clean Air Act
13 Permit Program permit pursuant to Section 39.5.
14 Notwithstanding the above exemption, new stationary source
15 performance standards for grain elevators, established
16 pursuant to Section 9.1 of this Act and Section 111 of the
17 federal Clean Air Act, shall continue to apply to grain
18 elevators.
19 (Source: P.A. 88-488; 89-328, eff. 8-17-95; 89-491, eff.
20 6-21-96.)