State of Illinois
91st General Assembly
Legislation

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91_SB1661

 
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 1        AN ACT to  amend  the  Environmental  Protection  Act  by
 2    changing Section 21.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Environmental Protection Act  is  amended
 6    by changing Section 21 as follows:

 7        (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
 8        Sec. 21.  No person shall:
 9        (a)  Cause or allow the open dumping of any waste.
10        (b)  Abandon,  dump, or deposit any waste upon the public
11    highways or other  public  property,  except  in  a  sanitary
12    landfill  approved  by  the  Agency  pursuant  to regulations
13    adopted by the Board.
14        (c)  Abandon any vehicle in violation of  the  "Abandoned
15    Vehicles  Amendment to the Illinois Vehicle Code", as enacted
16    by the 76th General Assembly.
17        (d)  Conduct  any  waste-storage,   waste-treatment,   or
18    waste-disposal operation:
19             (1)  without  a  permit  granted by the Agency or in
20        violation of  any  conditions  imposed  by  such  permit,
21        including  periodic  reports  and full access to adequate
22        records and the  inspection  of  facilities,  as  may  be
23        necessary  to  assure  compliance  with this Act and with
24        regulations and standards adopted  thereunder;  provided,
25        however,  that, except for municipal solid waste landfill
26        units that receive waste on or after October 9, 1993,  no
27        permit  shall be required for (i) any person conducting a
28        waste-storage,   waste-treatment,    or    waste-disposal
29        operation  for  wastes  generated  by  such  person's own
30        activities which are stored, treated, or disposed  within
31        the  site  where  such  wastes  are  generated, or (ii) a
 
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 1        facility located in  a  county  with  a  population  over
 2        700,000,  operated and located in accordance with Section
 3        22.38 of this Act, and used exclusively for the transfer,
 4        storage,  or  treatment  of   general   construction   or
 5        demolition debris;
 6             (2)  in  violation  of  any regulations or standards
 7        adopted by the Board under this Act; or
 8             (3)  which receives waste  after  August  31,  1988,
 9        does not have a permit issued by the Agency, and is (i) a
10        landfill  used  exclusively  for  the  disposal  of waste
11        generated  at  the  site,  (ii)  a  surface   impoundment
12        receiving  special  waste  not listed in an NPDES permit,
13        (iii) a waste pile in which the total volume of waste  is
14        greater  than  100 cubic yards or the waste is stored for
15        over  one  year,  or  (iv)  a  land  treatment   facility
16        receiving  special  waste  generated at the site; without
17        giving notice of the operation to the Agency  by  January
18        1, 1989, or 30 days after the date on which the operation
19        commences,   whichever   is  later,  and  every  3  years
20        thereafter.  The form  for  such  notification  shall  be
21        specified   by  the  Agency,  and  shall  be  limited  to
22        information  regarding:  the  name  and  address  of  the
23        location of the operation; the  type  of  operation;  the
24        types and amounts of waste stored, treated or disposed of
25        on  an  annual  basis;  the  remaining  capacity  of  the
26        operation;   and  the  remaining  expected  life  of  the
27        operation.
28        Item (3) of this subsection (d) shall not  apply  to  any
29    person engaged in agricultural activity who is disposing of a
30    substance  that constitutes solid waste, if the substance was
31    acquired for use by that person on his own property, and  the
32    substance  is  disposed  of on his own property in accordance
33    with regulations or standards adopted by the Board.
34        This subsection (d) shall not apply to hazardous waste.
 
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 1        (e)  Dispose, treat,  store  or  abandon  any  waste,  or
 2    transport  any waste into this State for disposal, treatment,
 3    storage or abandonment, except at a site  or  facility  which
 4    meets  the  requirements  of  this Act and of regulations and
 5    standards thereunder.
 6        (f)  Conduct  any  hazardous   waste-storage,   hazardous
 7    waste-treatment or hazardous waste-disposal operation:
 8             (1)  without  a  RCRA  permit for the site issued by
 9        the Agency under subsection (d) of  Section  39  of  this
10        Act,  or  in  violation  of any condition imposed by such
11        permit, including periodic reports  and  full  access  to
12        adequate records and the inspection of facilities, as may
13        be  necessary to assure compliance with this Act and with
14        regulations and standards adopted thereunder; or
15             (2)  in violation of any  regulations  or  standards
16        adopted by the Board under this Act; or
17             (3)  in   violation   of   any  RCRA  permit  filing
18        requirement established under standards  adopted  by  the
19        Board under this Act; or
20             (4)  in  violation of any order adopted by the Board
21        under this Act.
22        Notwithstanding  the  above,  no  RCRA  permit  shall  be
23    required under this subsection or subsection (d)  of  Section
24    39  of  this  Act  for  any  person  engaged in  agricultural
25    activity who is disposing  of  a  substance  which  has  been
26    identified   as   a  hazardous  waste,  and  which  has  been
27    designated by Board regulations  as  being  subject  to  this
28    exception,  if  the  substance  was  acquired for use by that
29    person on his own property and the substance is  disposed  of
30    on  his  own  property  in  accordance  with  regulations  or
31    standards adopted by the Board.
32        (g)  Conduct     any    hazardous    waste-transportation
33    operation:
34             (1)  without registering with and obtaining a permit
 
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 1        from the Agency in accordance with  the  Uniform  Program
 2        implemented under subsection (l-5) of Section 22.2; or
 3             (2)  in  violation  of  any regulations or standards
 4        adopted by the Board under this Act.
 5        (h)  Conduct any hazardous waste-recycling  or  hazardous
 6    waste-reclamation   or  hazardous  waste-reuse  operation  in
 7    violation   of   any   regulations,   standards   or   permit
 8    requirements adopted by the Board under this Act.
 9        (i)  Conduct any process  or  engage  in  any  act  which
10    produces  hazardous  waste in violation of any regulations or
11    standards adopted by the Board under subsections (a) and  (c)
12    of Section 22.4 of this Act.
13        (j)  Conduct  any  special waste transportation operation
14    in  violation  of  any  regulations,  standards   or   permit
15    requirements  adopted  by the Board under this Act.  However,
16    sludge from a water  or  sewage  treatment  plant  owned  and
17    operated  by  a unit of local government which (1) is subject
18    to a sludge management plan  approved  by  the  Agency  or  a
19    permit  granted  by  the  Agency, and (2) has been tested and
20    determined not  to  be  a  hazardous  waste  as  required  by
21    applicable  State  and  federal  laws and regulations, may be
22    transported in this State without  a  special  waste  hauling
23    permit,  and the preparation and carrying of a manifest shall
24    not be required for  such  sludge  under  the  rules  of  the
25    Pollution  Control  Board. The unit of local government which
26    operates the treatment plant producing such sludge shall file
27    a semiannual report with the Agency identifying the volume of
28    such sludge transported  during  the  reporting  period,  the
29    hauler  of the sludge, and the disposal sites to which it was
30    transported. This subsection (j) shall not apply to hazardous
31    waste.
32        (k)  Fail or refuse to pay any  fee  imposed  under  this
33    Act.
34        (l)  Locate  a  hazardous  waste  disposal  site above an
 
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 1    active or inactive shaft or tunneled mine or within  2  miles
 2    of  an  active  fault  in  the earth's crust.  In counties of
 3    population less than 225,000 no hazardous waste disposal site
 4    shall be located (1) within 1  1/2  miles  of  the  corporate
 5    limits  as  defined  on  June  30,  1978, of any municipality
 6    without  the  approval  of  the   governing   body   of   the
 7    municipality  in  an official action; or (2) within 1000 feet
 8    of an existing private well  or  the  existing  source  of  a
 9    public  water supply measured from the boundary of the actual
10    active permitted site and excluding existing private wells on
11    the property of the permit applicant. The provisions of  this
12    subsection do not apply to publicly-owned sewage works or the
13    disposal  or utilization of sludge from publicly-owned sewage
14    works.
15        (m)  Transfer interest in any land which has been used as
16    a hazardous waste disposal site without written  notification
17    to  the  Agency  of the transfer and to the transferee of the
18    conditions  imposed  by  the  Agency  upon  its   use   under
19    subsection (g) of Section 39.
20        (n)  Use  any  land  which  has  been used as a hazardous
21    waste disposal site  except  in  compliance  with  conditions
22    imposed by the Agency under subsection (g) of Section 39.
23        (o)  Conduct  a  sanitary  landfill  operation  which  is
24    required  to  have  a  permit  under  subsection  (d) of this
25    Section, in a manner which results in any  of  the  following
26    conditions:
27             (1)  refuse in standing or flowing waters;
28             (2)  leachate flows entering waters of the State;
29             (3)  leachate  flows  exiting  the landfill confines
30        (as determined by  the  boundaries  established  for  the
31        landfill by a permit issued by the Agency);
32             (4)  open  burning of refuse in violation of Section
33        9 of this Act;
34             (5)  uncovered refuse remaining  from  any  previous
 
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 1        operating  day or at the conclusion of any operating day,
 2        unless authorized by permit;
 3             (6)  failure to  provide  final  cover  within  time
 4        limits established by Board regulations;
 5             (7)  acceptance of wastes without necessary permits;
 6             (8)  scavenging as defined by Board regulations;
 7             (9)  deposition of refuse in any unpermitted portion
 8        of the landfill;
 9             (10)  acceptance   of  a  special  waste  without  a
10        required manifest;
11             (11)  failure to submit reports required by  permits
12        or Board regulations;
13             (12)  failure to collect and contain litter from the
14        site by the end of each operating day;
15             (13)  failure  to  submit  any cost estimate for the
16        site or any performance bond or other  security  for  the
17        site as required by this Act or Board rules.
18        The  prohibitions  specified in this subsection (o) shall
19    be  enforceable  by  the  Agency  either  by   administrative
20    citation  under  Section  31.1  of  this  Act or as otherwise
21    provided by this Act.   The  specific  prohibitions  in  this
22    subsection  do  not limit the power of the Board to establish
23    regulations or standards applicable to sanitary landfills.
24        (p)  In violation of subdivision  (a)  of  this  Section,
25    cause  or  allow  the  open  dumping of any waste in a manner
26    which results in any of the following occurrences at the dump
27    site:
28             (1)  litter;
29             (2)  scavenging;
30             (3)  open burning;
31             (4)  deposition of  waste  in  standing  or  flowing
32        waters;
33             (5)  proliferation of disease vectors;
34             (6)  standing  or  flowing liquid discharge from the
 
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 1        dump site;
 2             (7)  deposition of:
 3                  (i)  general construction or demolition  debris
 4             as defined in Section 3.78 of this Act; or
 5                  (ii)  clean  construction  or demolition debris
 6             as defined in Section 3.78a of this Act.
 7        The prohibitions specified in this subsection  (p)  shall
 8    be   enforceable  by  the  Agency  either  by  administrative
 9    citation under Section 31.1  of  this  Act  or  as  otherwise
10    provided  by  this  Act.   The  specific prohibitions in this
11    subsection do not limit the power of the Board  to  establish
12    regulations or standards applicable to open dumping.
13        (q)  Conduct   a  landscape  waste  composting  operation
14    without an Agency permit, provided, however, that  no  permit
15    shall be required for any person:
16             (1)  conducting   a   landscape   waste   composting
17        operation for landscape wastes generated by such person's
18        own  activities  which are stored, treated or disposed of
19        within the site where such wastes are generated; or
20             (2)  applying landscape waste or composted landscape
21        waste at agronomic rates; or
22             (3)  operating a landscape waste composting facility
23        on a farm, if the facility meets  all  of  the  following
24        criteria:
25                  (A)  the composting facility is operated by the
26             farmer  on property on which the composting material
27             is utilized, and the composting facility constitutes
28             no more than 2% of  the  property's  total  acreage,
29             except that the Agency may allow a higher percentage
30             for individual sites where the owner or operator has
31             demonstrated  to  the  Agency  that  the site's soil
32             characteristics or crop needs require a higher rate;
33                  (B)  the  property  on  which  the   composting
34             facility  is located, and any associated property on
 
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 1             which  the  compost  is  used,  is  principally  and
 2             diligently devoted to the production of agricultural
 3             crops  and  is  not  owned,  leased   or   otherwise
 4             controlled  by  any  waste  hauler  or  generator of
 5             nonagricultural compost materials, and the  operator
 6             of  the  composting  facility  is  not  an employee,
 7             partner, shareholder, or in any way  connected  with
 8             or controlled by any such waste hauler or generator;
 9                  (C)  all  compost  generated  by the composting
10             facility is applied at agronomic rates and  used  as
11             mulch,   fertilizer  or  soil  conditioner  on  land
12             actually  farmed  by  the   person   operating   the
13             composting facility, and the finished compost is not
14             stored  at  the  composting site for a period longer
15             than 18 months prior to its  application  as  mulch,
16             fertilizer, or soil conditioner;
17                  (D)  the  owner or operator, by January 1, 1990
18             (or  the  January  1   following   commencement   of
19             operation, whichever is later) and January 1 of each
20             year  thereafter,  (i)  registers  the site with the
21             Agency, (ii) reports to the Agency on the volume  of
22             composting  material  received and used at the site,
23             (iii) certifies to the Agency that the site complies
24             with the requirements  set  forth  in  subparagraphs
25             (A),  (B) and (C) of this paragraph (q)(3), and (iv)
26             certifies to the Agency that all composting material
27             was placed more  than  200  feet  from  the  nearest
28             potable  water  supply  well, was placed outside the
29             boundary of the 10-year floodplain or on a  part  of
30             the  site  that is floodproofed, was placed at least
31             1/4 mile from the nearest residence  (other  than  a
32             residence  located  on  the  same  property  as  the
33             facility)  and  there  are not more than 10 occupied
34             non-farm  residences  within   1/2   mile   of   the
 
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 1             boundaries  of  the site on the date of application,
 2             and was placed more than  5  feet  above  the  water
 3             table.
 4        For  the  purposes  of  this  subsection  (q), "agronomic
 5    rates" means the application of not more  than  20  tons  per
 6    acre per year, except that the Agency may allow a higher rate
 7    for   individual  sites  where  the  owner  or  operator  has
 8    demonstrated   to   the   Agency   that   the   site's   soil
 9    characteristics or crop needs require a higher rate.
10        (r)  Cause or allow  the  storage  or  disposal  of  coal
11    combustion waste unless:
12             (1)  such  waste  is stored or disposed of at a site
13        or facility for which a permit has been  obtained  or  is
14        not  otherwise  required  under  subsection  (d)  of this
15        Section; or
16             (2)  such waste is stored or disposed of as  a  part
17        of the design and reclamation of a site or facility which
18        is   an  abandoned  mine  site  in  accordance  with  the
19        Abandoned Mined Lands and Water Reclamation Act; or
20             (3)  such waste is stored or disposed of at  a  site
21        or facility which is operating under NPDES and Subtitle D
22        permits  issued  by  the  Agency  pursuant to regulations
23        adopted by the Board for mine-related water pollution and
24        permits issued pursuant to  the  Federal  Surface  Mining
25        Control  and  Reclamation Act of 1977 (P.L. 95-87) or the
26        rules and regulations thereunder or any law  or  rule  or
27        regulation  adopted  by  the  State  of Illinois pursuant
28        thereto, and the owner or operator of the facility agrees
29        to accept the waste; and either
30                  (i)  such waste is stored  or  disposed  of  in
31             accordance  with  requirements  applicable to refuse
32             disposal under regulations adopted by the Board  for
33             mine-related  water  pollution and pursuant to NPDES
34             and Subtitle D permits issued by  the  Agency  under
 
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 1             such regulations; or
 2                  (ii)  the  owner  or  operator  of the facility
 3             demonstrates all of the following to the Agency, and
 4             the facility is  operated  in  accordance  with  the
 5             demonstration  as  approved  by  the Agency: (1) the
 6             disposal area will be covered in a manner that  will
 7             support continuous vegetation, (2) the facility will
 8             be adequately protected from wind and water erosion,
 9             (3)  the  pH  will  be  maintained  so as to prevent
10             excessive leaching of metal ions, and  (4)  adequate
11             containment  or  other  measures will be provided to
12             protect   surface   water   and   groundwater   from
13             contamination at levels prohibited by this Act,  the
14             Illinois  Groundwater Protection Act, or regulations
15             adopted pursuant thereto.
16        Notwithstanding any other provision of  this  Title,  the
17    disposal of coal combustion waste pursuant to item (2) or (3)
18    of  this  subdivision  (r)  shall  be  exempt  from the other
19    provisions  of  this  Title  V,   and   notwithstanding   the
20    provisions  of  Title X of this Act, the Agency is authorized
21    to grant experimental permits which include provision for the
22    disposal of wastes from the  combustion  of  coal  and  other
23    materials  pursuant  to items (2) and (3) of this subdivision
24    (r).
25        (s)  After  April  1,  1989,  offer  for  transportation,
26    transport, deliver, receive or accept special waste for which
27    a manifest is required, unless the  manifest  indicates  that
28    the  fee  required  under  Section  22.8 of this Act has been
29    paid.
30        (t)  Cause or allow a lateral expansion  of  a  municipal
31    solid  waste  landfill  unit  on  or  after  October 9, 1993,
32    without a permit modification, granted by  the  Agency,  that
33    authorizes the lateral expansion.
34        (u)  Conduct any vegetable by-product treatment, storage,
 
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 1    disposal  or  transportation  operation  in  violation of any
 2    regulation, standards or permit requirements adopted  by  the
 3    Board  under  this  Act. However, no permit shall be required
 4    under this Title V for  the  land  application  of  vegetable
 5    by-products  conducted pursuant to Agency permit issued under
 6    Title III of this Act  to  the  generator  of  the  vegetable
 7    by-products.   In  addition,  vegetable  by-products  may  be
 8    transported in this State without  a  special  waste  hauling
 9    permit,  and  without  the  preparation  and  carrying  of  a
10    manifest.
11        (v)  (Blank).
12        (w)  Conduct any generation, transportation, or recycling
13    of  construction  or  demolition debris, clean or general, or
14    uncontaminated   soil    generated    during    construction,
15    remodeling,  repair, and demolition of utilities, structures,
16    and roads that is not commingled with any waste, without  the
17    maintenance   of   documentation   identifying   the  hauler,
18    generator, place of origin of the debris or soil, the  weight
19    or volume of the debris or soil, and the location, owner, and
20    operator  of  the  facility  where  the  debris  or  soil was
21    transferred,   disposed,   recycled,   or   treated.     This
22    documentation   must   be   maintained   by   the  generator,
23    transporter, or recycler for 3 years.   This  subsection  (w)
24    shall not apply to (1) a permitted pollution control facility
25    that  transfers or accepts construction or demolition debris,
26    clean or general, or uncontaminated soil for final  disposal,
27    recycling,  or  treatment, (2) a public utility (as that term
28    is defined in  the  Public  Utilities  Act)  or  a  municipal
29    utility, or (3) the Illinois Department of Transportation, or
30    (4)  a  municipality, other than a municipality with at least
31    500,000 inhabitants, or a county or township other than those
32    portions of a county or township located  in  a  municipality
33    with  at  least 500,000 inhabitants; but it shall apply to an
34    entity that contracts with  a  public  utility,  a  municipal
 
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 1    utility,  or  the  Illinois Department of Transportation or a
 2    municipality, county, or township.   The  terms  "generation"
 3    and  "recycling"  as  used in this subsection do not apply to
 4    clean construction or demolition debris when (i) used as fill
 5    material below grade outside of a setback zone if covered  by
 6    sufficient  uncontaminated  soil to support vegetation within
 7    30 days of the completion of filling or if covered by a  road
 8    or  structure, (ii) solely broken concrete without protruding
 9    metal bars is used  for  erosion  control,  or  (iii)  milled
10    asphalt   or   crushed  concrete  is  used  as  aggregate  in
11    construction  of  the  shoulder  of  a  roadway.   The  terms
12    "generation" and "recycling", as used in this subsection,  do
13    not  apply to uncontaminated soil that is not commingled with
14    any waste when (i) used  as  fill  material  below  grade  or
15    contoured to grade, or (ii) used at the site of generation.
16    (Source:  P.A.  90-219,  eff.  7-25-97;  90-344, eff. 1-1-98;
17    90-475, eff. 8-17-97;  90-655,  eff.  7-30-98;  90-761,  eff.
18    8-14-98; 91-72, eff. 7-9-99.)

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