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Public Act 100-0094


 

Public Act 0094 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0094
 
SB1456 EnrolledLRB100 08897 MJP 19040 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 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 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 either (i) not less than
        100,000 and not more than 115,000 according to the 2010
        federal census, or (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 after January 1, 2016; and
        (24) the portion of a municipal solid waste landfill
    unit:
            (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. 98-146, eff. 1-1-14; 98-239, eff. 8-9-13; 98-756,
eff. 7-16-14; 98-1130, eff. 1-1-15; 99-12, eff. 7-10-15;
99-440, eff. 8-21-15; 99-642, eff. 7-28-16.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/11/2017