Public Act 096-1068
 
SB2490 EnrolledLRB096 15256 JDS 30337 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Protection Act is amended by
changing Section 3.330 and adding Section 52.3-10 as follows:
 
    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
    Sec. 3.330. 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:
        (1) (blank);
        (2) waste storage sites regulated under 40 CFR, Part
    761.42;
        (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 (i) accepts
    accepting exclusively general construction or demolition
    debris, (ii) is located in a county with a population over
    3,000,000 500,000 as of January 1, 2000 or in a county that
    is contiguous to such a county, and (iii) 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-petruscible 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-petruscible 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; and
        (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) 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.
    (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. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08;
95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff.
8-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; revised
10-1-09.)
 
    (415 ILCS 5/52.3-10 new)
    Sec. 52.3-10. Effect of amendatory Act of the 96th General
Assembly. Nothing contained in this amendatory Act of the 96th
General Assembly shall remove any liability for any operation,
site, or facility operating without any required legal permit
or authorization for activities taking place prior to the
effective date of this Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.