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Public Act 92-0574
HB5557 Enrolled LRB9212249LBpr
AN ACT to implement recommendations of the Illinois
Environmental Regulatory Review Commission.
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 Sections 3, 3.32, 3.53, 4, 5, 7, 9.2, 9.3, 9.4,
12, 13.1, 14.1, 14.2, 14.3, 14.4, 14.6, 17, 19.10, 21, 21.3,
21.5, 22.2, 22.2b, 22.9, 22.15, 22.16, 22.16a, 22.22, 22.23,
22.23a, 22.27, 22.33, 22.40, 22.43, 22.44, 22.45, 22.47,
22.48, 25b-5, 28.5, 30, 31, 39, 39.2, 39.3, 40, 40.1, 40.2,
45, 49, 55, 56.1, 56.2, 57.7, 57.8, 57.13, 58.7, 58.8, 58.14,
and 58.17 and renumbering Sections 3.01 through 3.94 as
follows:
(415 ILCS 5/3) (from Ch. 111 1/2, par. 1003)
Sec. 3. Definitions.
(a) For the purposes of this Act, the words and terms
defined in the Sections which follow this Section and precede
Section 4 shall have the meaning therein given, unless the
context otherwise clearly requires.
(b) This amendatory Act of the 92nd General Assembly
renumbers the definition Sections formerly included in this
Act as Sections 3.01 through 3.94. The new numbering scheme
is intended to alphabetize the defined terms and to leave
room for additional terms to be added in alphabetical order
in the future. It does not reuse any of the original
numbers.
In the bill for this amendatory Act, the renumbered
Sections are shown in the manner commonly used to show
renumbering in revisory bills. The Sections being renumbered
are shown as existing (rather than new) text; only the
changes being made to the existing text are shown with
striking and underscoring. The original source lines have
been retained.
(c) In a statute, rule, permit, or other document in
existence on the effective date of this amendatory Act of the
92nd General Assembly, a reference to one of the definition
Sections renumbered by this amendatory Act shall be deemed to
refer to the corresponding Section as renumbered by this
amendatory Act.
(Source: P.A. 84-1308; 84-1319; 84-1320; 84-1438.)
(415 ILCS 5/3.105 new) (was 415 ILCS 5/3.01)
Sec. 3.105. Agency. 3.01. "Agency" is the Environmental
Protection Agency established by this Act.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.110 new) (was 415 ILCS 5/3.77)
Sec. 3.110. Agrichemical facility. 3.77. "Agrichemical
facility" means a site used for commercial purposes, where
bulk pesticides are stored in a single container in excess of
300 gallons of liquid pesticide or 300 pounds of dry
pesticide for more than 30 days per year or where more than
300 gallons of liquid pesticide or 300 pounds of dry
pesticide are being mixed, repackaged or transferred from one
container to another within a 30 day period or a site where
bulk fertilizers are stored, mixed, repackaged or transferred
from one container to another.
(Source: P.A. 86-671.)
(415 ILCS 5/3.115 new) (was 415 ILCS 5/3.02)
Sec. 3.115. Air pollution. 3.02. "Air pollution" is the
presence in the atmosphere of one or more contaminants in
sufficient quantities and of such characteristics and
duration as to be injurious to human, plant, or animal life,
to health, or to property, or to unreasonably interfere with
the enjoyment of life or property.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.120 new) (was 415 ILCS 5/3.03)
Sec. 3.120. Air pollution control equipment. 3.03. "Air
pollution control equipment" means any equipment or facility
of a type intended to eliminate, prevent, reduce or control
the emission of specified air contaminants to the atmosphere.
Air pollution control equipment includes, but is not limited
to, landfill gas recovery facilities.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.125 new) (was 415 ILCS 5/3.68)
Sec. 3.125. Biodeterioration; biodegradation. 3.68.
(a) "Biodeterioration", when used in connection with
recycling or composting, means the biologically mediated loss
of utilitarian or physical characteristics of a plastic or
hybrid material containing plastic as a major component.
(b) "Biodegradation", when used in connection with
recycling, means the conversion of all constituents of a
plastic or hybrid material containing plastic as a major
component to carbon dioxide, inorganic salts, microbial
cellular components and miscellaneous by-products
characteristically formed from the breakdown of natural
materials such as corn starch.
(Source: P.A. 85-1429.)
(415 ILCS 5/3.130 new) (was 415 ILCS 5/3.04)
Sec. 3.130. Board. 3.04. "Board" is the Pollution
Control Board established by this Act.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.135 new) (was 415 ILCS 5/3.94)
Sec. 3.135. Coal combustion by-product; CCB. 3.94. "Coal
combustion by-product" (CCB) means coal combustion waste when
used beneficially for any of the following purposes:
(1) The extraction or recovery of material compounds
contained within CCB.
(2) The use of CCB as a raw ingredient or mineral filler
in the manufacture of cement; concrete and concrete mortars;
concrete products including block, pipe and
precast/prestressed components; asphalt or cement based
roofing shingles; plastic products including pipes and
fittings; paints and metal alloys.
(3) CCB used in conformance with the specifications and
under the approval of the Department of Transportation.
(4) Bottom ash used as antiskid material, athletic
tracks, or foot paths.
(5) Use as a substitute for lime (CaO and MgO) in the
lime modification of soils providing the CCB meets the
Illinois Department of Transportation ("IDOT") specifications
for byproduct limes.
(6) CCB used as a functionally equivalent substitute for
agricultural lime as a soil conditioner.
(7) Bottom ash used in non-IDOT pavement base, pipe
bedding, or foundation backfill.
(8) Structural fill, when used in an engineered
application or combined with cement, sand, or water to
produce a controlled strength fill material and covered with
12 inches of soil unless infiltration is prevented by the
material itself or other cover material.
(9) Mine subsidence, mine fire control, mine sealing,
and mine reclamation.
(10) Except to the extent that the uses are otherwise
authorized by law without such restrictions, uses (7) through
(9) shall be subject to the following conditions:
(A) CCB shall not have been mixed with hazardous
waste prior to use;
(B) CCB shall not exceed Class I Groundwater
Standards for metals when tested utilizing test method
ASTM D3987-85;
(C) Unless otherwise exempted, users of CCB shall
provide notification to the Agency for each project
utilizing CCB documenting the quantity of CCB utilized
and certification of compliance with conditions (A) and
(B). Notification shall not be required for pavement
base, parking lot base, or building base projects
utilizing less than 10,000 tons, flowable fill/grout
projects utilizing less than 1,000 cubic yards or other
applications utilizing less than 100 tons;
(D) Fly ash shall be applied in a manner that
minimizes the generation of airborne particles and dust
using techniques such as moisture conditioning,
granulating, inground application, or other demonstrated
method; and
(E) CCB is not to be accumulated speculatively.
CCB is not accumulated speculatively if during the
calendar year, the CCB used is equal to 75% of the CCB by
weight or volume accumulated at the beginning of the
period.
To encourage and promote the utilization of CCB in productive
and beneficial applications, the Agency may make a written
determination that coal-combustion waste is CCB when used in
a manner other than that specified in this Section if the use
has been shown to have no adverse environmental impact
greater than the beneficial uses specified, in consultation
with the Department of Mines and Minerals, the Illinois Clean
Coal Institute, the Department of Transportation, and such
other agencies as may be appropriate.
(Source: P.A. 89-93, eff. 7-6-95.)
(415 ILCS 5/3.140 new) (was 415 ILCS 5/3.76)
Sec. 3.140. Coal combustion waste. 3.76. "Coal
combustion waste" means any fly ash, bottom ash, slag, or
flue gas or fluid bed boiler desulfurization by-products
generated as a result of the combustion of:
(1) coal, or
(2) coal in combination with: (i) fuel grade petroleum
coke, (ii) other fossil fuel, or (iii) both fuel grade
petroleum coke and other fossil fuel, or
(3) coal (with or without: (i) fuel grade petroleum
coke, (ii) other fossil fuel, or (iii) both fuel grade
petroleum coke and other fossil fuel) in combination with no
more than 20% of tire derived fuel or wood or other materials
by weight of the materials combusted; provided that the coal
is burned with other materials, the Agency has made a written
determination that the storage or disposal of the resultant
wastes in accordance with the provisions of item (r) of
Section 21 would result in no environmental impact greater
than that of wastes generated as a result of the combustion
of coal alone, and the storage disposal of the resultant
wastes would not violate applicable federal law.
(Source: P.A. 88-668, eff. 9-16-94; 89-93, eff. 7-6-95.)
(415 ILCS 5/3.145 new) (was 415 ILCS 5/3.05)
Sec. 3.145. Community water supply. 3.05. "Community
water supply" means a public water supply which serves or is
intended to serve at least 15 service connections used by
residents or regularly serves at least 25 residents.
"Non-community water supply" means a public water supply
that is not a community water supply. The requirements of
this Act shall not apply to non-community water supplies.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.150 new) (was 415 ILCS 5/3.69)
Sec. 3.150. Compost. 3.69. "Compost" is defined as the
humus-like product of the process of composting waste, which
may be used as a soil conditioner.
(Source: P.A. 85-1429.)
(415 ILCS 5/3.155 new) (was 415 ILCS 5/3.70)
Sec. 3.155. Composting. 3.70. "Composting" means the
biological treatment process by which microorganisms
decompose the organic fraction of waste, producing compost.
(Source: P.A. 85-1429.)
(415 ILCS 5/3.160 new) (was 415 ILCS 5/3.78 and 3.78a)
Sec. 3.160. Construction or demolition debris. 3.78.
(a) "General construction or demolition debris" means
non-hazardous, uncontaminated materials resulting from the
construction, remodeling, repair, and demolition of
utilities, structures, and roads, limited to the following:
bricks, concrete, and other masonry materials; soil; rock;
wood, including non-hazardous painted, treated, and coated
wood and wood products; wall coverings; plaster; drywall;
plumbing fixtures; non-asbestos insulation; roofing shingles
and other roof coverings; reclaimed asphalt pavement; glass;
plastics that are not sealed in a manner that conceals waste;
electrical wiring and components containing no hazardous
substances; and piping or metals incidental to any of those
materials.
General construction or demolition debris does not
include uncontaminated soil generated during construction,
remodeling, repair, and demolition of utilities, structures,
and roads provided the uncontaminated soil is not commingled
with any general construction or demolition debris or other
waste.
(b) Sec. 3.78a. "Clean construction or demolition
debris" means uncontaminated broken concrete without
protruding metal bars, bricks, rock, stone, reclaimed asphalt
pavement, or soil generated from construction or demolition
activities.
Clean construction or demolition debris does not include
uncontaminated soil generated during construction,
remodeling, repair, and demolition of utilities, structures,
and roads provided the uncontaminated soil is not commingled
with any clean construction or demolition debris or other
waste.
To the extent allowed by federal law, clean construction
or demolition debris shall not be considered "waste" if it is
(i) used as fill material below grade outside of a setback
zone if covered by sufficient uncontaminated soil to support
vegetation within 30 days of the completion of filling or if
covered by a road or structure, or (ii) separated or
processed and returned to the economic mainstream in the form
of raw materials or products, if it is not speculatively
accumulated and, if used as a fill material, it is used in
accordance with item (i), or (iii) solely broken concrete
without protruding metal bars used for erosion control, or
(iv) generated from the construction or demolition of a
building, road, or other structure and used to construct, on
the site where the construction or demolition has taken
place, an above-grade area shaped so as to blend into an
extension of the surrounding topography or an above-grade
manmade functional structure not to exceed 20 feet in height,
provided that the area or structure shall be covered with
sufficient soil materials to sustain vegetation or by a road
or structure, and further provided that no such area or
structure shall be constructed within a home rule
municipality with a population over 500,000.
(Source: P.A. 90-475, eff. 8-17-97; 90-761, eff. 8-14-98;
91-909, eff. 7-7-00.)
(415 ILCS 5/3.165 new) (was 415 ILCS 5/3.06)
Sec. 3.165. Contaminant. 3.06. "Contaminant" is any
solid, liquid, or gaseous matter, any odor, or any form of
energy, from whatever source.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.170 new) (was 415 ILCS 5/3.63)
Sec. 3.170. Contamination; contaminate. 3.63.
"Contamination" or "contaminate", when used in connection
with groundwater, means water pollution of such groundwater.
(Source: P.A. 85-863.)
(415 ILCS 5/3.175 new) (was 415 ILCS 5/3.80)
Sec. 3.175. Criterion. 3.80. "Criterion" means the
numerical concentration of one or more toxic substances
calculated by the Agency as a basis for establishing a permit
limitation or violation of a water quality standard pursuant
to standards and procedures provided for in board
regulations.
(Source: P.A. 86-1409.)
(415 ILCS 5/3.180 new) (was 415 ILCS 5/3.07)
Sec. 3.180. Department. 3.07. "Department", when a
particular entity is not specified, means (i) in the case of
a function to be performed on or after July 1, 1995 (the
effective date of the Department of Natural Resources Act),
either the Department of Natural Resources or the Department
of Commerce and Community Affairs, whichever, in the specific
context, is the successor to the Department of Energy and
Natural Resources under the Department of Natural Resources
Act; or (ii) in the case of a function performed before July
1, 1995, the former Illinois Department of Energy and Natural
Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
(415 ILCS 5/3.185 new) (was 415 ILCS 5/3.08)
Sec. 3.185. Disposal. 3.08. "Disposal" means the
discharge, deposit, injection, dumping, spilling, leaking or
placing of any waste or hazardous waste into or on any land
or water or into any well so that such waste or hazardous
waste or any constituent thereof may enter the environment or
be emitted into the air or discharged into any waters,
including ground waters.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.190 new) (was 415 ILCS 5/3.09)
Sec. 3.190. Existing fuel combustion stationary emission
source. 3.09. "Existing fuel combustion stationary emission
source" means any stationary furnace, boiler, oven, or
similar equipment used for the primary purpose of producing
heat or power, of a type capable of emitting specified air
contaminants to the atmosphere, the construction or
modification of which commenced prior to April 13, 1972.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.195 new) (was 415 ILCS 5/3.10)
Sec. 3.195. Fluid. 3.10. "Fluid" means material or
substance which flows or moves whether in a semi-solid,
liquid, sludge, gas or any other form or state.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.200 new) (was 415 ILCS 5/3.11)
Sec. 3.200. Garbage. 3.11. "Garbage" is waste resulting
from the handling, processing, preparation, cooking, and
consumption of food, and wastes from the handling,
processing, storage, and sale of produce.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.205 new) (was 415 ILCS 5/3.12)
Sec. 3.205. Generator. 3.12. "Generator" means any
person whose act or process produces waste.
(Source: P.A. 87-650.)
(415 ILCS 5/3.210 new) (was 415 ILCS 5/3.64)
Sec. 3.210. Groundwater. 3.64. "Groundwater" means
underground water which occurs within the saturated zone and
geologic materials where the fluid pressure in the pore space
is equal to or greater than atmospheric pressure.
(Source: P.A. 85-863.)
(415 ILCS 5/3.215 new) (was 415 ILCS 5/3.14)
Sec. 3.215. Hazardous substance. 3.14. "Hazardous
substance" means: (A) any substance designated pursuant to
Section 311(b)(2)(A) of the Federal Water Pollution Control
Act (P.L. 92-500), as amended, (B) any element, compound,
mixture, solution, or substance designated pursuant to
Section 102 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (P.L. 96-510), as
amended, (C) any hazardous waste, (D) any toxic pollutant
listed under Section 307(a) of the Federal Water Pollution
Control Act (P.L. 92-500), as amended, (E) any hazardous air
pollutant listed under Section 112 of the Clean Air Act (P.L.
95-95), as amended, (F) any imminently hazardous chemical
substance or mixture with respect to which the Administrator
of the U.S. Environmental Protection Agency has taken action
pursuant to Section 7 of the Toxic Substances Control Act
(P.L. 94-469), as amended. The term does not include
petroleum, including crude oil or any fraction thereof which
is not otherwise specifically listed or designated as a
hazardous substance under subparagraphs (A) through (F) of
this paragraph, and the term does not include natural gas,
natural gas liquids, liquefied natural gas, or synthetic gas
usable for fuel or mixtures of natural gas and such synthetic
gas.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.220 new) (was 415 ILCS 5/3.15)
Sec. 3.220. Hazardous waste. 3.15. "Hazardous waste"
means a waste, or combination of wastes, which because of its
quantity, concentration, or physical, chemical, or infectious
characteristics may cause or significantly contribute to an
increase in mortality or an increase in serious,
irreversible, or incapacitating reversible, illness; or pose
a substantial present or potential hazard to human health or
the environment when improperly treated, stored, transported,
or disposed of, or otherwise managed, and which has been
identified, by characteristics or listing, as hazardous
pursuant to Section 3001 of the Resource Conservation and
Recovery Act of 1976, P.L. 94-580, or pursuant to Board
regulations. Potentially infectious medical waste is not a
hazardous waste, except for those potentially infectious
medical wastes identified by characteristics or listing as
hazardous under Section 3001 of the Resource Conservation and
Recovery Act of 1976, P.L. 94-580, or pursuant to Board
regulations.
(Source: P.A. 87-752.)
(415 ILCS 5/3.225 new) (was 415 ILCS 5/3.16)
Sec. 3.225. Hazardous waste disposal site. 3.16.
"Hazardous waste disposal site" is a site at which hazardous
waste is disposed.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.230 new) (was 415 ILCS 5/3.89)
Sec. 3.230. Household waste. 3.89. "Household waste"
means any solid waste (including garbage, trash, and sanitary
waste in septic tanks) derived from households (including
single and multiple residences, hotels and motels,
bunkhouses, ranger stations, crew quarters, campgrounds,
picnic grounds, and day-use recreation areas).
(Source: P.A. 88-496.)
(415 ILCS 5/3.235 new) (was 415 ILCS 5/3.17)
Sec. 3.235. Industrial process waste. 3.17. "Industrial
process waste" means any liquid, solid, semi-solid, or
gaseous waste generated as a direct or indirect result of the
manufacture of a product or the performance of a service.
Any such waste which would pose a present or potential threat
to human health or to the environment or with inherent
properties which make the disposal of such waste in a
landfill difficult to manage by normal means is an industrial
process waste. "Industrial Process Waste" includes but is
not limited to spent pickling liquors, cutting oils, chemical
catalysts, distillation bottoms, etching acids, equipment
cleanings, paint sludges, incinerator ashes (including but
not limited to ash resulting from the incineration of
potentially infectious medical waste), core sands, metallic
dust sweepings, asbestos dust, and off-specification,
contaminated or recalled wholesale or retail products.
Specifically excluded are uncontaminated packaging materials,
uncontaminated machinery components, general household waste,
landscape waste and construction or demolition debris.
(Source: P.A. 87-752.)
(415 ILCS 5/3.240 new) (was 415 ILCS 5/3.18)
Sec. 3.240. Intermittent control system. 3.18.
"Intermittent control system" is a system which provides for
the planned reduction of source emissions of sulfur dioxide
during periods when meteorological conditions are such, or
are anticipated to be such, that sulfur dioxide ambient air
quality standards may be violated unless such reductions are
made.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.245 new) (was 415 ILCS 5/3.72)
Sec. 3.245. Label. 3.72. "Label" means the written,
printed or graphic matter on or attached to the pesticide or
device or any of its containers or wrappings.
(Source: P.A. 86-820.)
(415 ILCS 5/3.250 new) (was 415 ILCS 5/3.73)
Sec. 3.250. Labeling. 3.73. "Labeling" means the label
and all other written, printed or graphic matters: (a) on the
pesticide or device or any of its containers or wrappings,
(b) accompanying the pesticide or device or referring to it
in any other media used to disseminate information to the
public, (c) to which reference is made to the pesticide or
device except when references are made to current official
publications of the U. S. Environmental Protection Agency,
Departments of Agriculture, Health and Human Services or
other Federal Government institutions, the state experiment
station or colleges of agriculture or other similar state
institution authorized to conduct research in the field of
pesticides.
(Source: P.A. 86-820.)
(415 ILCS 5/3.255 new) (was 415 ILCS 5/3.79)
Sec. 3.255. Land form. 3.79. "Land form" means a manmade
above-grade mound, less than 50 feet in height, covered with
sufficient soil materials to sustain vegetation.
(Source: P.A. 86-633; 86-1028.)
(415 ILCS 5/3.260 new) (was 415 ILCS 5/3.19)
Sec. 3.260. Landfill gas recovery facility. 3.19.
"Landfill gas recovery facility" means any facility which
recovers and processes landfill gas from a sanitary landfill
or waste disposal site.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.265 new) (was 415 ILCS 5/3.75)
Sec. 3.265. Landfill waste. 3.75. "Landfill waste" is
waste from a closed pollution control facility, closed
dumping site, closed sanitary landfill, or a closed waste
disposal site; provided however, "landfill waste" shall not
include waste removed by or pursuant to the authority of the
State or a unit of local government from the public way or
household waste removed by or pursuant to the authority of
the State or a unit of local government from any unauthorized
open dumping site.
(Source: P.A. 88-681, eff. 12-22-94.)
(415 ILCS 5/3.270 new) (was 415 ILCS 5/3.20)
Sec. 3.270. Landscape waste. 3.20. "Landscape waste"
means all accumulations of grass or shrubbery cuttings,
leaves, tree limbs and other materials accumulated as the
result of the care of lawns, shrubbery, vines and trees.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.275 new) (was 415 ILCS 5/3.88)
Sec. 3.275. Lateral expansion. 3.88. "Lateral expansion"
means a horizontal expansion of the actual waste boundaries
of an existing MSWLF unit occurring on or after October 9,
1993. For purposes of this Section, a horizontal expansion
is any area where solid waste is placed for the first time
directly upon the bottom liner of the unit, excluding side
slopes, on or after October 9, 1993.
(Source: P.A. 88-496.)
(415 ILCS 5/3.280 new) (was 415 ILCS 5/3.92)
Sec. 3.280. Lawncare wash water containment area. 3.92.
"Lawncare wash water containment area" means an area utilized
for the capture of spills or washing or rinsing of pesticide
residues from vehicles, application equipment, mixing
equipment, floors, loading areas, or other items used for the
storage, handling, preparation for use, transport, or
application of pesticides to land areas covered with turf
kept closely mown or land area covered with turf and trees or
shrubs.
(Source: P.A. 88-474; 88-670, eff. 12-2-94.)
(415 ILCS 5/3.285 new) (was 415 ILCS 5/3.85, 3.86, and
3.87)
Sec. 3.285. Municipal Solid Waste Landfill Unit; MSWLF
unit. 3.85. "Municipal Solid Waste Landfill Unit" or "MSWLF
unit" means a contiguous area of land or an excavation that
receives household waste, and that is not a land application
unit, surface impoundment, injection well, or any pile of
noncontainerized accumulations of solid, nonflowing waste
that is used for treatment or storage. A MSWLF unit may also
receive other types of RCRA Subtitle D wastes, such as
commercial solid waste, nonhazardous sludge, small quantity
generator waste and industrial solid waste. Such a landfill
may be publicly or privately owned. A MSWLF unit may be a
new MSWLF unit, an existing MSWLF unit, or a lateral
expansion. A sanitary landfill is subject to regulation as a
MSWLF unit if it receives household waste.
Sec. 3.86. "New MSWLF unit" means any municipal solid
waste landfill unit that receives household waste on or after
October 9, 1993, for the first time.
Sec. 3.87. "Existing MSWLF unit" means any municipal
solid waste landfill unit that has received solid waste
before October 9, 1993.
(Source: P.A. 88-496; 88-670, eff. 12-2-94.)
(415 ILCS 5/3.290 new) (was 415 ILCS 5/3.21)
Sec. 3.290. Municipal waste. 3.21. "Municipal waste"
means garbage, general household and commercial waste,
industrial lunchroom or office waste, landscape waste, and
construction or demolition debris.
(Source: P.A. 87-650.)
(415 ILCS 5/3.295 new) (was 415 ILCS 5/3.22)
Sec. 3.295. Municipality. 3.22. "Municipality" means any
city, village or incorporated town.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.300 new) (was 415 ILCS 5/3.23)
Sec. 3.300. Open burning. 3.23. "Open burning" is the
combustion of any matter in the open or in an open dump.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.305 new) (was 415 ILCS 5/3.24)
Sec. 3.305. Open dumping. 3.24. "Open dumping" means the
consolidation of refuse from one or more sources at a
disposal site that does not fulfill the requirements of a
sanitary landfill.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.310 new) (was 415 ILCS 5/3.25)
Sec. 3.310. Organized amateur or professional sporting
activity. 3.25. "Organized amateur or professional sporting
activity" means an activity or event carried out at a
facility by persons who engaged in that activity as a
business or for education, charity or entertainment for the
general public, including all necessary actions and
activities associated with such an activity. This definition
includes, but is not limited to, (i) rifle and pistol ranges,
licensed shooting preserves, and skeet, trap or shooting
sports clubs in existence prior to January 1, 1994, (ii)
public hunting areas operated by a governmental entity, (iii)
organized motor sports, and (iv) sporting events organized or
controlled by school districts, units of local government,
state agencies, colleges, universities, or professional
sports clubs offering exhibitions to the public.
(Source: P.A. 88-598, eff. 8-31-94.)
(415 ILCS 5/3.315 new) (was 415 ILCS 5/3.26)
Sec. 3.315. Person. 3.26. "Person" is any individual,
partnership, co-partnership, firm, company, limited liability
company, corporation, association, joint stock company,
trust, estate, political subdivision, state agency, or any
other legal entity, or their legal representative, agent or
assigns.
(Source: P.A. 88-480.)
(415 ILCS 5/3.320 new) (was 415 ILCS 5/3.71)
Sec. 3.320. Pesticide. 3.71. "Pesticide" means any
substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest or any
substance or mixture of substances intended for use as a
plant regulator, defoliant or desiccant.
(Source: P.A. 86-820.)
(415 ILCS 5/3.325 new) (was 415 ILCS 5/3.74)
Sec. 3.325. Pesticide release. 3.74. "Pesticide release"
or "release of a pesticide" means any release resulting in a
concentration of pesticides in waters of the State which
exceeds levels for which: (1) a Maximum Contaminant Level
(MCL) has been promulgated by the U. S. Environmental
Protection Agency or a Maximum Allowable Concentration (MAC)
has been promulgated by the Board pursuant to the Safe
Drinking Water Act (P.L. 93-523), as amended; or (2) a Health
Advisory used on an interim basis has been issued by the U.
S. Environmental Protection Agency; or (3) a standard has
been adopted by the Board pursuant to the Illinois
Groundwater Protection Act; or (4) in the absence of such
advisories or standards, an action level has been developed
by the Agency using guidance or procedures issued by the
federal government for developing health based levels.
(Source: P.A. 86-820.)
(415 ILCS 5/3.330 new) (was 415 ILCS 5/3.32)
Sec. 3.330. 3.32. 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 paragraph
(5) of subsection (a) of Section 57.9(a)(3) 22.18b 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;
(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 accepting
exclusively general construction or demolition debris,
located in a county with a population over 700,000, and
operated and located in accordance with Section 22.38 of
this 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. 89-93, eff. 7-6-95; 90-475, eff. 8-17-97.)
(415 ILCS 5/3.335 new) (was 415 ILCS 5/3.27)
Sec. 3.335. Pollution control waste. 3.27. "Pollution
control waste" means any liquid, solid, semi-solid or gaseous
waste generated as a direct or indirect result of the removal
of contaminants from the air, water or land, and which pose a
present or potential threat to human health or to the
environment or with inherent properties which make the
disposal of such waste in a landfill difficult to manage by
normal means. "Pollution control waste" includes but is not
limited to water and wastewater treatment plant sludges,
baghouse dusts, landfill waste, scrubber sludges and chemical
spill cleanings.
(Source: P.A. 85-1428.)
(415 ILCS 5/3.340 new) (was 415 ILCS 5/3.65)
Sec. 3.340. Potable. 3.65. "Potable" means generally fit
for human consumption in accordance with accepted water
supply principles and practices.
(Source: P.A. 85-863.)
(415 ILCS 5/3.345 new) (was 415 ILCS 5/3.59)
Sec. 3.345. Potential primary source. 3.59. "Potential
primary source" means any unit at a facility or site not
currently subject to a removal or remedial action which:
(1) is utilized for the treatment, storage, or
disposal of any hazardous or special waste not generated
at the site; or
(2) is utilized for the disposal of municipal waste
not generated at the site, other than landscape waste and
construction and demolition debris; or
(3) is utilized for the landfilling, land treating,
surface impounding or piling of any hazardous or special
waste that is generated on the site or at other sites
owned, controlled or operated by the same person; or
(4) stores or accumulates at any time more than
75,000 pounds above ground, or more than 7,500 pounds
below ground, of any hazardous substances.
A new potential primary source is:
(i) a potential primary source which is not in
existence or for which construction has not commenced at
its location as of January 1, 1988; or
(ii) a potential primary source which expands
laterally beyond the currently permitted boundary or, if
the primary source is not permitted, the boundary in
existence as of January 1, 1988; or
(iii) a potential primary source which is part of a
facility that undergoes major reconstruction. Such
reconstruction shall be deemed to have taken place where
the fixed capital cost of the new components constructed
within a 2-year period exceed 50% of the fixed capital
cost of a comparable entirely new facility.
Construction shall be deemed commenced when all necessary
federal, State and local approvals have been obtained, and
work at the site has been initiated and proceeds in a
reasonably continuous manner to completion.
(Source: P.A. 85-863.)
(415 ILCS 5/3.350 new) (was 415 ILCS 5/3.58)
Sec. 3.350. Potential route. 3.58. "Potential route"
means abandoned and improperly plugged wells of all kinds,
drainage wells, all injection wells, including closed loop
heat pump wells, and any excavation for the discovery,
development or production of stone, sand or gravel.
A new potential route is:
(1) a potential route which is not in existence or
for which construction has not commenced at its location
as of January 1, 1988, or
(2) a potential route which expands laterally
beyond the currently permitted boundary or, if the
potential route is not permitted, the boundary in
existence as of January 1, 1988.
Construction shall be deemed commenced when all necessary
federal, State and local approvals have been obtained, and
work at the site has been initiated and proceeds in a
reasonably continuous manner to completion.
(Source: P.A. 85-863.)
(415 ILCS 5/3.355 new) (was 415 ILCS 5/3.60)
Sec. 3.355. Potential secondary source. 3.60. "Potential
secondary source" means any unit at a facility or a site not
currently subject to a removal or remedial action, other than
a potential primary source, which:
(1) is utilized for the landfilling, land treating,
or surface impounding of waste that is generated on the
site or at other sites owned, controlled or operated by
the same person, other than livestock and landscape
waste, and construction and demolition debris; or
(2) stores or accumulates at any time more than
25,000 but not more than 75,000 pounds above ground, or
more than 2,500 but not more than 7,500 pounds below
ground, of any hazardous substances; or
(3) stores or accumulates at any time more than
25,000 gallons above ground, or more than 500 gallons
below ground, of petroleum, including crude oil or any
fraction thereof which is not otherwise specifically
listed or designated as a hazardous substance; or
(4) stores or accumulates pesticides, fertilizers,
or road oils for purposes of commercial application or
for distribution to retail sales outlets; or
(5) stores or accumulates at any time more than
50,000 pounds of any de-icing agent; or
(6) is utilized for handling livestock waste or for
treating domestic wastewaters other than private sewage
disposal systems as defined in the "Private Sewage
Disposal Licensing Act".
A new potential secondary source is:
(i) a potential secondary source which is not in
existence or for which construction has not commenced at
its location as of July 1, 1988; or
(ii) a potential secondary source which expands
laterally beyond the currently permitted boundary or, if
the secondary source is not permitted, the boundary in
existence as of July 1, 1988, other than an expansion for
handling of livestock waste or for treating domestic
wastewaters; or
(iii) a potential secondary source which is part of
a facility that undergoes major reconstruction. Such
reconstruction shall be deemed to have taken place where
the fixed capital cost of the new components constructed
within a 2-year period exceed 50% of the fixed capital
cost of a comparable entirely new facility.
Construction shall be deemed commenced when all necessary
federal, State and local approvals have been obtained, and
work at the site has been initiated and proceeds in a
reasonably continuous manner to completion.
(Source: P.A. 85-863.)
(415 ILCS 5/3.360 new) (was 415 ILCS 5/3.84)
Sec. 3.360. Potentially infectious medical waste. 3.84.
(a) "Potentially infectious medical waste" means the
following types of waste generated in connection with the
diagnosis, treatment (i.e., provision of medical services),
or immunization of human beings or animals; research
pertaining to the provision of medical services; or the
production or testing of biologicals:
(1) Cultures and stocks. This waste shall include
but not be limited to cultures and stocks of agents
infectious to humans, and associated biologicals;
cultures from medical or pathological laboratories;
cultures and stocks of infectious agents from research
and industrial laboratories; wastes from the production
of biologicals; discarded live or attenuated vaccines; or
culture dishes and devices used to transfer, inoculate,
or mix cultures.
(2) Human pathological wastes. This waste shall
include tissue, organs, and body parts (except teeth and
the contiguous structures of bone and gum); body fluids
that are removed during surgery, autopsy, or other
medical procedures; or specimens of body fluids and their
containers.
(3) Human blood and blood products. This waste
shall include discarded human blood, blood components
(e.g., serum and plasma), or saturated material
containing free flowing blood or blood components.
(4) Used sharps. This waste shall include but not
be limited to discarded sharps used in animal or human
patient care, medical research, or clinical or
pharmaceutical laboratories; hypodermic, intravenous, or
other medical needles; hypodermic or intravenous
syringes; Pasteur pipettes; scalpel blades; or blood
vials. This waste shall also include but not be limited
to other types of broken or unbroken glass (including
slides and cover slips) in contact with infectious
agents.
(5) Animal waste. Animal waste means discarded
materials, including carcasses, body parts, body fluids,
blood, or bedding originating from animals inoculated
during research, production of biologicals, or
pharmaceutical testing with agents infectious to humans.
(6) Isolation waste. This waste shall include
discarded materials contaminated with blood, excretions,
exudates, and secretions from humans that are isolated to
protect others from highly communicable diseases.
"Highly communicable diseases" means those diseases
identified by the Board in rules adopted under subsection
(e) of Section 56.2 of this Act.
(7) Unused sharps. This waste shall include but
not be limited to the following unused, discarded sharps:
hypodermic, intravenous, or other needles; hypodermic or
intravenous syringes; or scalpel blades.
(b) Potentially infectious medical waste does not
include:
(1) waste generated as general household waste;
(2) waste (except for sharps) for which the
infectious potential has been eliminated by treatment; or
(3) sharps that meet both of the following
conditions:
(A) the infectious potential has been
eliminated from the sharps by treatment; and
(B) the sharps are rendered unrecognizable by
treatment.
(Source: P.A. 87-752; 87-895; 87-1097.)
(415 ILCS 5/3.365 new) (was 415 ILCS 5/3.28)
Sec. 3.365. Public water supply. 3.28. "Public water
supply" means all mains, pipes and structures through which
water is obtained and distributed to the public, including
wells and well structures, intakes and cribs, pumping
stations, treatment plants, reservoirs, storage tanks and
appurtenances, collectively or severally, actually used or
intended for use for the purpose of furnishing water for
drinking or general domestic use and which serve at least 15
service connections or which regularly serve at least 25
persons at least 60 days per year. A public water supply is
either a "community water supply" or a "non-community water
supply".
(Source: P.A. 84-1308.)
(415 ILCS 5/3.370 new) (was 415 ILCS 5/3.29)
Sec. 3.370. RCRA permit. 3.29. "RCRA permit" means a
permit issued by the Agency pursuant to authorization
received by the Agency from the United States Environmental
Protection Agency under Subtitle C of the Resource
Conservation and Recovery Act of 1976, (P.L. 94-580) (RCRA)
and which meets the requirements of Section 3005 of RCRA and
of this Act.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.375 new) (was 415 ILCS 5/3.81)
Sec. 3.375. Recycling center. 3.81. "Recycling center"
means a site or facility that accepts only segregated,
nonhazardous, nonspecial, homogeneous, nonputrescible
materials, such as dry paper, glass, cans or plastics, for
subsequent use in the secondary materials market.
(Source: P.A. 87-650.)
(415 ILCS 5/3.380 new) (was 415 ILCS 5/3.30)
Sec. 3.380. Recycling, reclamation or reuse. 3.30.
"Recycling, reclamation or reuse" means a method, technique,
or process designed to remove any contaminant from waste so
as to render such waste reusable, or any process by which
materials that would otherwise be disposed of or discarded
are collected, separated or processed and returned to the
economic mainstream in the form of raw materials or products.
(Source: P.A. 87-650.)
(415 ILCS 5/3.385 new) (was 415 ILCS 5/3.31)
Sec. 3.385. Refuse. 3.31. "Refuse" means waste.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.390 new) (was 415 ILCS 5/3.67)
Sec. 3.390. Regulated recharge area. 3.67. "Regulated
recharge area" means a compact geographic area, as determined
by the Board, the geology of which renders a potable resource
groundwater particularly susceptible to contamination.
(Source: P.A. 85-863.)
(415 ILCS 5/3.395 new) (was 415 ILCS 5/3.33)
Sec. 3.395. Release. 3.33. "Release" means any spilling,
leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing into the
environment, but excludes (a) any release which results in
exposure to persons solely within a workplace, with respect
to a claim which such persons may assert against the employer
of such persons; (b) emissions from the engine exhaust of a
motor vehicle, rolling stock, aircraft, vessel, or pipeline
pumping station engine; (c) release of source, byproduct, or
special nuclear material from a nuclear incident, as those
terms are defined in the Atomic Energy Act of 1954, if such
release is subject to requirements with respect to financial
protection established by the Nuclear Regulatory Commission
under Section 170 of such Act; and (d) the normal application
of fertilizer.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.400 new) (was 415 ILCS 5/3.34)
Sec. 3.400. Remedial action. 3.34. "Remedial action"
means those actions consistent with permanent remedy taken
instead of or in addition to removal actions in the event of
a release or threatened release of a hazardous substance into
the environment, to prevent or minimize the release of
hazardous substances so that they do not migrate to cause
substantial danger to present or future public health or
welfare or the environment. The term includes, but is not
limited to, such actions at the location of the release as
storage, confinement, perimeter protection using dikes,
trenches, or ditches, clay cover, neutralization, cleanup of
released hazardous substances or contaminated materials,
recycling or reuse, diversion destruction, segregation of
reactive wastes, dredging or excavations, repair or
replacement of leaking containers, collection of leachate and
runoff, onsite treatment or incineration, provision of
alternative water supplies, and any monitoring reasonably
required to assure that such actions protect the public
health and welfare and the environment. The term includes
the costs of permanent relocation of residents and businesses
and community facilities where the Governor and the Director
determine that, alone or in combination with other measures,
such relocation is more cost-effective than and
environmentally preferable to the transportation, storage,
treatment, destruction, or secure disposition offsite of
hazardous substances, or may otherwise be necessary to
protect the public health or welfare. The term includes
offsite transport of hazardous substances, or the storage,
treatment, destruction, or secure disposition offsite of such
hazardous substances or contaminated materials.
(Source: P.A. 86-671.)
(415 ILCS 5/3.405 new) (was 415 ILCS 5/3.35)
Sec. 3.405. Remove; removal. 3.35. "Remove" or "removal"
means the cleanup or removal of released hazardous substances
from the environment, actions as may be necessary taken in
the event of the threat of release of hazardous substances
into the environment, actions as may be necessary to monitor,
assess, and evaluate the release or threat of release of
hazardous substances, the disposal of removed material, or
the taking of other actions as may be necessary to prevent,
minimize, or mitigate damage to the public health or welfare
or the environment, that may otherwise result from a release
or threat of release. The term includes, in addition,
without being limited to, security fencing or other measures
to limit access, provision of alternative water supplies,
temporary evacuation and housing of threatened individuals,
and any emergency assistance that may be provided under the
Illinois Emergency Management Agency Act or any other law.
(Source: P.A. 87-168.)
(415 ILCS 5/3.410 new) (was 415 ILCS 5/3.36)
Sec. 3.410. Re-refined oil. 3.36. "Re-refined oil" means
any oil which has been refined from used oil meeting
substantially the same standards as new oil.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.415 new) (was 415 ILCS 5/3.37)
Sec. 3.415. Resident. 3.37. "Resident" means a person
who dwells or has a place of abode which is occupied by that
person for 60 days or more each calendar year.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.420 new) (was 415 ILCS 5/3.38)
Sec. 3.420. Resource conservation. 3.38. "Resource
conservation" means reduction of the amounts of waste that
are generated, reduction of overall resource consumption and
the utilization of recovered resources.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.425 new) (was 415 ILCS 5/3.90)
Sec. 3.425. Resource Conservation and Recovery Act; RCRA.
3.90. "Resource Conservation and Recovery Act" or "RCRA"
means the Resource Conservation and Recovery Act of 1976
(P.L. 94-580), as amended.
(Source: P.A. 88-496.)
(415 ILCS 5/3.430 new) (was 415 ILCS 5/3.66)
Sec. 3.430. Resource groundwater. 3.66. "Resource
groundwater" means groundwater that is presently being or in
the future capable of being put to beneficial use by reason
of being of suitable quality.
(Source: P.A. 85-863.)
(415 ILCS 5/3.435 new) (was 415 ILCS 5/3.39)
Sec. 3.435. Resource recovery. 3.39. "Resource recovery"
means the recovery of material or energy from waste.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.440 new) (was 415 ILCS 5/3.40)
Sec. 3.440. Respond; response. 3.40. "Respond" or
"response" means remove, removal, remedy, and remedial
action.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.445 new) (was 415 ILCS 5/3.41)
Sec. 3.445. Sanitary landfill. 3.41. "Sanitary landfill"
means a facility permitted by the Agency for the disposal of
waste on land meeting the requirements of the Resource
Conservation and Recovery Act, P.L. 94-580, and regulations
thereunder, and without creating nuisances or hazards to
public health or safety, by confining the refuse to the
smallest practical volume and covering it with a layer of
earth at the conclusion of each day's operation, or by such
other methods and intervals as the Board may provide by
regulation.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.450 new) (was 415 ILCS 5/3.61)
Sec. 3.450. Setback zone. 3.61. "Setback zone" means a
geographic area, designated pursuant to this Act, containing
a potable water supply well or a potential source or
potential route, having a continuous boundary, and within
which certain prohibitions or regulations are applicable in
order to protect groundwaters.
(Source: P.A. 85-863.)
(415 ILCS 5/3.455 new) (was 415 ILCS 5/3.42)
Sec. 3.455. Sewage works. 3.42. "Sewage works" means
individually or collectively those constructions or devices
used for collecting, pumping, treating, and disposing of
sewage, industrial waste or other wastes or for the recovery
of by-products from such wastes.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.460 new) (was 415 ILCS 5/3.43)
Sec. 3.460. Site. 3.43. "Site" means any location,
place, tract of land, and facilities, including but not
limited to buildings, and improvements used for purposes
subject to regulation or control by this Act or regulations
thereunder.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.465 new) (was 415 ILCS 5/3.44)
Sec. 3.465. Sludge. 3.44. "Sludge" means any solid,
semi-solid, or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water
supply treatment plant, or air pollution control facility or
any other such waste having similar characteristics and
effects.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.470 new) (was 415 ILCS 5/3.82)
Sec. 3.470. Solid waste. 3.82. "Solid waste" means
waste.
(Source: P.A. 87-650.)
(415 ILCS 5/3.475 new) (was 415 ILCS 5/3.45)
Sec. 3.475. 3.45. Special waste. "Special waste" means
any of the following:
(a) potentially infectious medical waste;
(b) hazardous waste, as determined in conformance with
RCRA hazardous waste determination requirements set forth in
Section 722.111 of Title 35 of the Illinois Administrative
Code, including a residue from burning or processing
hazardous waste in a boiler or industrial furnace unless the
residue has been tested in accordance with Section 726.212 of
Title 35 of the Illinois Administrative Code and proven to be
nonhazardous;
(c) industrial process waste or pollution control waste,
except:
(1) any such waste certified by its generator,
pursuant to Section 22.48 of this Act, not to be any of
the following:
(A) a liquid, as determined using the paint
filter test set forth in subdivision (3)(A) of
subsection (m) of Section 811.107 of Title 35 of the
Illinois Administrative Code;
(B) regulated asbestos-containing waste
materials, as defined under the National Emission
Standards for Hazardous Air Pollutants in 40 CFR
Section 61.141;
(C) polychlorinated biphenyls (PCB's)
regulated pursuant to 40 CFR Part 761;
(D) an industrial process waste or pollution
control waste subject to the waste analysis and
recordkeeping requirements of Section 728.107 of
Title 35 of the Illinois Administrative Code under
the land disposal restrictions of Part 728 of Title
35 of the Illinois Administrative Code; and
(E) a waste material generated by processing
recyclable metals by shredding and required to be
managed as a special waste under Section 22.29 of
this Act;
(2) any empty portable device or container,
including but not limited to a drum, in which a special
waste has been stored, transported, treated, disposed of,
or otherwise handled, provided that the generator has
certified that the device or container is empty and does
not contain a liquid, as determined pursuant to item (A)
of subdivision (1) of this subsection. For purposes of
this subdivision, "empty portable device or container"
means a device or container in which removal of special
waste, except for a residue that shall not exceed one
inch in thickness, has been accomplished by a practice
commonly employed to remove materials of that type. An
inner liner used to prevent contact between the special
waste and the container shall be removed and managed as a
special waste; or
(3) as may otherwise be determined under Section
22.9 of this Act.
"Special waste" does not mean fluorescent and high
intensity discharge lamps as defined in subsection (a) of
Section 22.23a of this Act, waste that is managed in
accordance with the universal waste requirements set forth in
Title 35 of the Illinois Administrative Code, Subtitle G,
Chapter I, Subchapter c, Part 733, or waste that is subject
to rules adopted pursuant to subsection (c)(2) of Section
22.23a of this Act.
(Source: P.A. 89-619, eff. 1-1-97; 90-502, eff. 8-19-97.)
(415 ILCS 5/3.480 new) (was 415 ILCS 5/3.46)
Sec. 3.480. Storage. 3.46. "Storage" means the
containment of waste, either on a temporary basis or for a
period of years, in such a manner as not to constitute
disposal.
(Source: P.A. 87-650.)
(415 ILCS 5/3.485 new) (was 415 ILCS 5/3.47)
Sec. 3.485. Storage site. 3.47. "Storage site" is a site
at which waste is stored. "Storage site" includes transfer
stations but does not include (i) a site that accepts or
receives waste in transfer containers unless the waste is
removed from the transfer container or unless the transfer
container becomes stationary, en route to a disposal,
treatment, or storage facility for more than 5 business days,
or (ii) a site that accepts or receives open top units
containing only clean construction and demolition debris, or
(iii) a site that stores waste on a refuse motor vehicle or
in the vehicle's detachable refuse receptacle for no more
than 24 hours, excluding Saturdays, Sundays, and holidays,
but only if the detachable refuse receptacle is completely
covered or enclosed and is stored on the same site as the
refuse motor vehicle that transported the receptacle to the
site.
Nothing in this Section shall be construed to be less
stringent than or inconsistent with the provisions of the
federal Resource Conservation and Recovery Act of 1976 (P.L.
94-480) or regulations adopted under it.
(Source: P.A. 89-122, eff. 7-7-95.)
(415 ILCS 5/3.490 new) (was 415 ILCS 5/3.48)
Sec. 3.490. Trade secret. 3.48. "Trade secret" means the
whole or any portion or phase of any scientific or technical
information, design, process (including a manufacturing
process), procedure, formula or improvement, or business plan
which is secret in that it has not been published or
disseminated or otherwise become a matter of general public
knowledge, and which has competitive value. A trade secret
is presumed to be secret when the owner thereof takes
reasonable measures to prevent it from becoming available to
persons other than those selected by the owner to have access
thereto for limited purposes.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.495 new) (was 415 ILCS 5/3.48-5)
Sec. 3.495. Transfer container. 3.48-5. "Transfer
container" means a reusable transportable shipping container
that is completely covered or enclosed, that has a volume of
not less than 250 cubic feet based on the external
dimensions, and that is constructed and maintained to protect
the container contents (which may include smaller containers
that are or are not transfer containers) from water, rain,
and wind, to prevent the free movement of rodents and vectors
into or out of the container, and to prevent leaking from the
container.
(Source: P.A. 89-122, eff. 7-7-95.)
(415 ILCS 5/3.500 new) (was 415 ILCS 5/3.83)
Sec. 3.500. Transfer station. 3.83. "Transfer station"
means a site or facility that accepts waste for temporary
storage or consolidation and further transfer to a waste
disposal, treatment or storage facility. "Transfer station"
includes a site where waste is transferred from (1) a rail
carrier to a motor vehicle or water carrier; (2) a water
carrier to a rail carrier or motor vehicle; (3) a motor
vehicle to a rail carrier, water carrier or motor vehicle;
(4) a rail carrier to a rail carrier, if the waste is removed
from a rail car; or (5) a water carrier to a water carrier,
if the waste is removed from a vessel.
"Transfer station" does not include (i) a site where
waste is not removed from the transfer container, or (ii) a
site that accepts or receives open top units containing only
clean construction and demolition debris, or (iii) a site
that stores waste on a refuse motor vehicle or in the
vehicle's detachable refuse receptacle for no more than 24
hours, excluding Saturdays, Sundays, and holidays, but only
if the detachable refuse receptacle is completely covered or
enclosed and is stored on the same site as the refuse motor
vehicle that transported the receptacle to the site.
Nothing in this Section shall be construed to be less
stringent than or inconsistent with the provisions of the
federal Resource Conservation and Recovery Act of 1976 (P.L.
94-480) or regulations adopted under it.
(Source: P.A. 89-122, eff. 7-7-95.)
(415 ILCS 5/3.505 new) (was 415 ILCS 5/3.49)
Sec. 3.505. Treatment. 3.49. "Treatment" means any
method, technique or process, including neutralization,
designed to change the physical, chemical, or biological
character or composition of any waste so as to neutralize it
or render it nonhazardous, safer for transport, amenable for
recovery, amenable for storage, or reduced in volume. Such
term includes any activity or processing designed to change
the physical form or chemical composition of hazardous waste
so as to render it nonhazardous.
(Source: P.A. 87-650.)
(415 ILCS 5/3.510 new) (was 415 ILCS 5/3.50)
Sec. 3.510. Underground injection. 3.50. "Underground
injection" means the subsurface emplacement of fluids by well
injection.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.515 new) (was 415 ILCS 5/3.62)
Sec. 3.515. Unit. 3.62. "Unit" means any device,
mechanism, equipment, or area (exclusive of land utilized
only for agricultural production). This term includes
secondary containment structures and their contents at
agrichemical facilities.
(Source: P.A. 87-1108.)
(415 ILCS 5/3.520 new) (was 415 ILCS 5/3.51)
Sec. 3.520. Used oil. 3.51. "Used oil" means any oil
which has been refined from crude oil or refined from used
oil, has been used, and as a result of such use has been
contaminated by physical or chemical impurities, except that
"used oil" shall not include that type of oil generated on
farmland property devoted to agricultural use and used on
that property for heating or burning.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.525 new) (was 415 ILCS 5/3.91)
Sec. 3.525. Vegetable by-products. 3.91. "Vegetable
by-products" means any waste consisting solely of the unused
portion of fruits and vegetables, associated solids, and
process water resulting from any commercial canning,
freezing, preserving or other processing of fruits and
vegetables. Vegetable by-products are not special wastes.
(Source: P.A. 88-454; 88-670, eff. 12-2-94.)
(415 ILCS 5/3.530 new) (was 415 ILCS 5/3.52)
Sec. 3.530. Virgin oil. 3.52. "Virgin oil" means any oil
which has been refined from crude oil which may or may not
contain additives and has not been used.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.535 new) (was 415 ILCS 5/3.53)
Sec. 3.535. Waste. 3.53. "Waste" means any garbage,
sludge from a waste treatment plant, water supply treatment
plant, or air pollution control facility or other discarded
material, including solid, liquid, semi-solid, or contained
gaseous material resulting from industrial, commercial,
mining and agricultural operations, and from community
activities, but does not include solid or dissolved material
in domestic sewage, or solid or dissolved materials in
irrigation return flows, or coal combustion by-products as
defined in Section 3.135 3.94, or industrial discharges which
are point sources subject to permits under Section 402 of the
Federal Water Pollution Control Act, as now or hereafter
amended, or source, special nuclear, or by-product materials
as defined by the Atomic Energy Act of 1954, as amended (68
Stat. 921) or any solid or dissolved material from any
facility subject to the Federal Surface Mining Control and
Reclamation Act of 1977 (P.L. 95-87) or the rules and
regulations thereunder or any law or rule or regulation
adopted by the State of Illinois pursuant thereto.
(Source: P.A. 89-93, eff. 7-6-95.)
(415 ILCS 5/3.540 new) (was 415 ILCS 5/3.54)
Sec. 3.540. Waste disposal site. 3.54. "Waste disposal
site" is a site on which solid waste is disposed.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.545 new) (was 415 ILCS 5/3.55)
Sec. 3.545. Water pollution. 3.55. "Water pollution" is
such alteration of the physical, thermal, chemical,
biological or radioactive properties of any waters of the
State, or such discharge of any contaminant into any waters
of the State, as will or is likely to create a nuisance or
render such waters harmful or detrimental or injurious to
public health, safety or welfare, or to domestic, commercial,
industrial, agricultural, recreational, or other legitimate
uses, or to livestock, wild animals, birds, fish, or other
aquatic life.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.550 new) (was 415 ILCS 5/3.56)
Sec. 3.550. Waters. 3.56. "Waters" means all
accumulations of water, surface and underground, natural, and
artificial, public and private, or parts thereof, which are
wholly or partially within, flow through, or border upon this
State.
(Source: P.A. 84-1308.)
(415 ILCS 5/3.555 new) (was 415 ILCS 5/3.57)
Sec. 3.555. Well. 3.57. "Well" means a bored, drilled or
driven shaft, or dug hole, the depth of which is greater than
the largest surface dimension.
(Source: P.A. 84-1308.)
(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
Sec. 4. Environmental Protection Agency; establishment;
duties.
(a) There is established in the Executive Branch of the
State Government an agency to be known as the Environmental
Protection Agency. This Agency shall be under the
supervision and direction of a Director who shall be
appointed by the Governor with the advice and consent of the
Senate. The term of office of the Director shall expire on
the third Monday of January in odd numbered years, provided
that he or she shall hold his office until a his successor is
appointed and has qualified. The Director shall receive an
annual salary as set by the Governor from time to time or as
set by the Compensation Review Board, whichever is greater.
If set by the Governor, the Director's annual salary may not
exceed 85% of the Governor's annual salary. The Director, in
accord with the Personnel Code, shall employ and direct such
personnel, and shall provide for such laboratory and other
facilities, as may be necessary to carry out the purposes of
this Act. In addition, the Director may by agreement secure
such services as he or she may deem necessary from any other
department, agency, or unit of the State Government, and may
employ and compensate such consultants and technical
assistants as may be required.
(b) The Agency shall have the duty to collect and
disseminate such information, acquire such technical data,
and conduct such experiments as may be required to carry out
the purposes of this Act, including ascertainment of the
quantity and nature of discharges from any contaminant source
and data on those sources, and to operate and arrange for the
operation of devices for the monitoring of environmental
quality.
(c) The Agency shall have authority to conduct a program
of continuing surveillance and of regular or periodic
inspection of actual or potential contaminant or noise
sources, of public water supplies, and of refuse disposal
sites.
(d) In accordance with constitutional limitations, the
Agency shall have authority to enter at all reasonable times
upon any private or public property for the purpose of:
(1) Inspecting and investigating to ascertain possible
violations of the Act or of regulations thereunder, or of
permits or terms or conditions thereof; or
(2) In accordance with the provisions of this Act,
taking whatever preventive or corrective action, including
but not limited to removal or remedial action, that is
necessary or appropriate whenever there is a release or a
substantial threat of a release of (A) a hazardous substance
or pesticide or (B) petroleum from an underground storage
tank.
(e) The Agency shall have the duty to investigate
violations of this Act or of regulations adopted thereunder,
or of permits or terms or conditions thereof, to issue
administrative citations as provided in Section 31.1 of this
Act, and to take such summary enforcement action as is
provided for by Section 34 of this Act.
(f) The Agency shall appear before the Board in any
hearing upon a petition for variance, the denial of a permit,
or the validity or effect of a rule or regulation of the
Board, and shall have the authority to appear before the
Board in any hearing under the Act.
(g) The Agency shall have the duty to administer, in
accord with Title X of this Act, such permit and
certification systems as may be established by this Act or by
regulations adopted thereunder. The Agency may enter into
written delegation agreements with any department, agency, or
unit of State or local government under which all or portions
of this duty may be delegated for public water supply storage
and transport systems, sewage collection and transport
systems, air pollution control sources with uncontrolled
emissions of 100 tons per year or less and application of
algicides to waters of the State. Such delegation agreements
will require that the work to be performed thereunder will be
in accordance with Agency criteria, subject to Agency review,
and shall include such financial and program auditing by the
Agency as may be required.
(h) The Agency shall have authority to require the
submission of complete plans and specifications from any
applicant for a permit required by this Act or by regulations
thereunder, and to require the submission of such reports
regarding actual or potential violations of the Act or of
regulations thereunder, or of permits or terms or conditions
thereof, as may be necessary for purposes of this Act.
(i) The Agency shall have authority to make
recommendations to the Board for the adoption of regulations
under Title VII of the Act.
(j) The Agency shall have the duty to represent the
State of Illinois in any and all matters pertaining to plans,
procedures, or negotiations for interstate compacts or other
governmental arrangements relating to environmental
protection.
(k) The Agency shall have the authority to accept,
receive, and administer on behalf of the State any grants,
gifts, loans, indirect cost reimbursements, or other funds
made available to the State from any source for purposes of
this Act or for air or water pollution control, public water
supply, solid waste disposal, noise abatement, or other
environmental protection activities, surveys, or programs.
Any federal funds received by the Agency pursuant to this
subsection shall be deposited in a trust fund with the State
Treasurer and held and disbursed by him in accordance with
Treasurer as Custodian of Funds Act, provided that such
monies shall be used only for the purposes for which they are
contributed and any balance remaining shall be returned to
the contributor.
The Agency is authorized to promulgate such regulations
and enter into such contracts as it may deem necessary for
carrying out the provisions of this subsection.
(l) The Agency is hereby designated as water pollution
agency for the state for all purposes of the Federal Water
Pollution Control Act, as amended; as implementing agency for
the State for all purposes of the Safe Drinking Water Act,
Public Law 93-523, as now or hereafter amended, except
Section 1425 of that Act; as air pollution agency for the
state for all purposes of the Clean Air Act of 1970, Public
Law 91-604, approved December 31, 1970, as amended; and as
solid waste agency for the state for all purposes of the
Solid Waste Disposal Act, Public Law 89-272, approved October
20, 1965, and amended by the Resource Recovery Act of 1970,
Public Law 91-512, approved October 26, 1970, as amended, and
amended by the Resource Conservation and Recovery Act of
1976, (P.L. 94-580) approved October 21, 1976, as amended; as
noise control agency for the state for all purposes of the
Noise Control Act of 1972, Public Law 92-574, approved
October 27, 1972, as amended; and as implementing agency for
the State for all purposes of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (P.L.
96-510), as amended; and otherwise as pollution control
agency for the State pursuant to federal laws integrated with
the foregoing laws, for financing purposes or otherwise. The
Agency is hereby authorized to take all action necessary or
appropriate to secure to the State the benefits of such
federal Acts, provided that the Agency shall transmit to the
United States without change any standards adopted by the
Pollution Control Board pursuant to Section 5(c) of this Act.
This subsection (l) of Section 4 shall not be construed to
bar or prohibit the Environmental Protection Trust Fund
Commission from accepting, receiving, and administering on
behalf of the State any grants, gifts, loans or other funds
for which the Commission is eligible pursuant to the
Environmental Protection Trust Fund Act. The Agency is
hereby designated as the State agency for all purposes of
administering the requirements of Section 313 of the federal
Emergency Planning and Community Right-to-Know Act of 1986.
Any municipality, sanitary district, or other political
subdivision, or any Agency of the State or interstate Agency,
which makes application for loans or grants under such
federal Acts shall notify the Agency of such application; the
Agency may participate in proceedings under such federal
Acts.
(m) The Agency shall have authority, consistent with
Section 5(c) and other provisions of this Act, and for
purposes of Section 303(e) of the Federal Water Pollution
Control Act, as now or hereafter amended, to engage in
planning processes and activities and to develop plans in
cooperation with units of local government, state agencies
and officers, and other appropriate persons in connection
with the jurisdiction or duties of each such unit, agency,
officer or person. Public hearings shall be held on the
planning process, at which any person shall be permitted to
appear and be heard, pursuant to procedural regulations
promulgated by the Agency.
(n) In accordance with the powers conferred upon the
Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this
Act, the Agency shall have authority to establish and enforce
minimum standards for the operation of laboratories relating
to analyses and laboratory tests for air pollution, water
pollution, noise emissions, contaminant discharges onto land
and sanitary, chemical, and mineral quality of water
distributed by a public water supply. The Agency may enter
into formal working agreements with other departments or
agencies of state government under which all or portions of
this authority may be delegated to the cooperating department
or agency.
(o) The Agency shall have the authority to issue
certificates of competency to persons and laboratories
meeting the minimum standards established by the Agency in
accordance with Section 4(n) of this Act and to promulgate
and enforce regulations relevant to the issuance and use of
such certificates. The Agency may enter into formal working
agreements with other departments or agencies of state
government under which all or portions of this authority may
be delegated to the cooperating department or agency.
(p) Except as provided in Section 17.7, the Agency shall
have the duty to analyze samples as required from each public
water supply to determine compliance with the contaminant
levels specified by the Pollution Control Board. The maximum
number of samples which the Agency shall be required to
analyze for microbiological quality shall be 6 per month, but
the Agency may, at its option, analyze a larger number each
month for any supply. Results of sample analyses for
additional required bacteriological testing, turbidity,
residual chlorine and radionuclides are to be provided to the
Agency in accordance with Section 19. Owners of water
supplies may enter into agreements with the Agency to provide
for reduced Agency participation in sample analyses.
(q) The Agency shall have the authority to provide
notice to any person who may be liable pursuant to Section
22.2(f) of this Act for a release or a substantial threat of
a release of a hazardous substance or pesticide. Such notice
shall include the identified response action and an
opportunity for such person to perform the response action.
(r) The Agency may enter into written delegation
agreements with any unit of local government under which it
may delegate all or portions of its inspecting, investigating
and enforcement functions. Such delegation agreements shall
require that work performed thereunder be in accordance with
Agency criteria and subject to Agency review.
Notwithstanding any other provision of law to the contrary,
no unit of local government shall be liable for any injury
resulting from the exercise of its authority pursuant to such
a delegation agreement unless the injury is proximately
caused by the willful and wanton negligence of an agent or
employee of the unit of local government, and any policy of
insurance coverage issued to a unit of local government may
provide for the denial of liability and the nonpayment of
claims based upon injuries for which the unit of local
government is not liable pursuant to this subsection (r).
(s) The Agency shall have authority to take whatever
preventive or corrective action is necessary or appropriate,
including but not limited to expenditure of monies
appropriated from the Build Illinois Bond Fund and the Build
Illinois Purposes Fund for removal or remedial action,
whenever any hazardous substance or pesticide is released or
there is a substantial threat of such a release into the
environment. The State, the Director, and any State employee
shall be indemnified for any damages or injury arising out of
or resulting from any action taken under this subsection.
The Director of the Agency is authorized to enter into such
contracts and agreements as are necessary to carry out the
Agency's duties under this subsection.
(t) The Agency shall have authority to distribute
grants, subject to appropriation by the General Assembly, for
financing and construction of municipal wastewater
facilities. With respect to all monies appropriated from the
Build Illinois Bond Fund and the Build Illinois Purposes Fund
for wastewater facility grants, the Agency shall make
distributions in conformity with the rules and regulations
established pursuant to the Anti-Pollution Bond Act, as now
or hereafter amended.
(u) Pursuant to the Illinois Administrative Procedure
Act, the Agency shall have the authority to adopt such rules
as are necessary or appropriate for the Agency to implement
Section 31.1 of this Act.
(v) (Blank.)
(w) Neither the State, nor the Director, nor the Board,
nor any State employee shall be liable for any damages or
injury arising out of or resulting from any action taken
under subsection (s) or subsection (v).
(x)(1) The Agency shall have authority to distribute
grants, subject to appropriation by the General Assembly, to
units of local government for financing and construction of
public water supply facilities. With respect to all monies
appropriated from the Build Illinois Bond Fund or the Build
Illinois Purposes Fund for public water supply grants, such
grants shall be made in accordance with rules promulgated by
the Agency. Such rules shall include a requirement for a
local match of 30% of the total project cost for projects
funded through such grants.
(2) The Agency shall not terminate a grant to a unit of
local government for the financing and construction of public
water supply facilities unless and until the Agency adopts
rules that set forth precise and complete standards, pursuant
to Section 5-20 of the Illinois Administrative Procedure Act,
for the termination of such grants. The Agency shall not
make determinations on whether specific grant conditions are
necessary to ensure the integrity of a project or on whether
subagreements shall be awarded, with respect to grants for
the financing and construction of public water supply
facilities, unless and until the Agency adopts rules that set
forth precise and complete standards, pursuant to Section
5-20 of the Illinois Administrative Procedure Act, for making
such determinations. The Agency shall not issue a stop-work
order in relation to such grants unless and until the Agency
adopts precise and complete standards, pursuant to Section
5-20 of the Illinois Administrative Procedure Act, for
determining whether to issue a stop-work order.
(y) The Agency shall have authority to release any
person from further responsibility for preventive or
corrective action under this Act following successful
completion of preventive or corrective action undertaken by
such person upon written request by the person.
(Source: P.A. 91-25, eff. 6-9-99.)
(415 ILCS 5/5) (from Ch. 111 1/2, par. 1005)
Sec. 5. Pollution Control Board.
(a) There is hereby created an independent board to be
known as the Pollution Control Board, consisting of 7
technically qualified members, no more than 4 of whom may be
of the same political party, to be appointed by the Governor
with the advice and consent of the Senate. One of the members
of the Board first appointed shall be appointed for an
initial term expiring July 1, 1971; two members shall be
appointed for initial terms expiring July 1, 1972; two
members shall be appointed for initial terms expiring July 1,
1973; and the two members appointed pursuant to this
amendatory Act of 1983 shall be appointed for initial terms
expiring on July 1, 1986.
Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the Board is
abolished on the effective date of this amendatory Act of
1985, but the incumbent members shall continue to exercise
all of the powers and be subject to all of the duties of
members of the Board until their respective successors are
appointed and qualified. Thereafter, 3 members of the Board
shall be appointed to initial terms expiring July 1, 1986; 2
members of the Board shall be appointed to initial terms
expiring July 1, 1987; and 2 members of the Board shall be
appointed to initial terms expiring July 1, 1988.
All members successors shall hold office for 3 three
years from the first day of July in the year in which they
were appointed, except in case of an appointment to fill a
vacancy. In case of a vacancy in the office when the Senate
is not in session, the Governor may make a temporary
appointment until the next meeting of the Senate, when he or
she shall nominate some person to fill such office; and any
person so nominated, who is confirmed by the Senate, shall
hold the his office during the remainder of the term. If the
Senate is not in session at the time this Act takes effect,
the Governor shall make temporary appointments as in case of
vacancies.
Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any
member may resign from his office, such resignation to take
effect when a his successor has been appointed and has
qualified.
Board members shall be paid $30,000 per year until July
1, 1979; $33,000 from July 1, 1979 to July 1, 1980; $34,900
from July 1, 1980 to July 1, 1981; and $37,000 per year
thereafter, or an amount set by the Compensation Review
Board, whichever is greater, and the Chairman shall be paid
$35,000 per year until July 1, 1979; $38,500 from July 1,
1979 to July 1, 1980; $40,800 from July 1, 1980 to July 1,
1981 and $43,000 per year thereafter, or an amount set by the
Compensation Review Board, whichever is greater. Each member
shall be reimbursed for expenses necessarily incurred, shall
devote full time to the performance of his or her duties and
shall make a financial disclosure upon appointment. Each
Board member may employ one secretary and one assistant, and
the Chairman one secretary and 2 two assistants. The Board
also may employ and compensate hearing officers to preside at
hearings under this Act, and such other personnel as may be
necessary. Hearing officers shall be attorneys licensed to
practice law in Illinois.
The Governor shall designate one Board member to be
Chairman, who shall serve at the pleasure of the Governor.
The Board shall hold at least one meeting each month and
such additional meetings as may be prescribed by Board rules.
In addition, special meetings may be called by the Chairman
or by any 2 two Board members, upon delivery of 24 hours
written notice to the office of each member. All Board
meetings shall be open to the public, and public notice of
all meetings shall be given at least 24 hours in advance of
each meeting. In emergency situations in which a majority of
the Board certifies that exigencies of time require the
requirements of public notice and of 24 hour written notice
to members may be dispensed with, and Board members shall
receive such notice as is reasonable under the circumstances.
Four members of the Board shall constitute a quorum, and
4 votes shall be required for any final determination by the
Board, except in a proceeding to remove a seal under
paragraph (d) of Section 34 of this Act. The Board shall
keep a complete and accurate record of all its meetings.
(b) The Board shall determine, define and implement the
environmental control standards applicable in the State of
Illinois and may adopt rules and regulations in accordance
with Title VII of this Act.
(c) The Board shall have authority to act for the State
in regard to the adoption of standards for submission to the
United States under any federal law respecting environmental
protection. Such standards shall be adopted in accordance
with Title VII of the Act and upon adoption shall be
forwarded to the Environmental Protection Agency for
submission to the United States pursuant to subsections (l)
and (m) of Section 4 of this Act. Nothing in this paragraph
shall limit the discretion of the Governor to delegate
authority granted to the Governor him under any federal law.
(d) The Board shall have authority to conduct
proceedings hearings upon complaints charging violations of
this Act, any rule or regulation adopted under this Act, or
any permit or term or condition of a permit; upon
administrative citations or of regulations thereunder; upon
petitions for variances or adjusted standards; upon petitions
for review of the Agency's final determinations on denial of
a permit applications in accordance with Title X of this Act;
upon petitions petition to remove seals a seal under Section
34 of this Act; and upon other petitions for review of final
determinations which are made pursuant to this the Act or
Board rule and which involve a subject which the Board is
authorized to regulate. The Board may also conduct; and such
other proceedings hearings as may be provided by this Act or
any other statute or rule.
(e) In connection with any proceeding hearing pursuant
to subsection subsections (b) or (d) of this Section, the
Board may subpoena and compel the attendance of witnesses and
the production of evidence reasonably necessary to resolution
of the matter under consideration. The Board shall issue
such subpoenas upon the request of any party to a proceeding
under subsection (d) of this Section or upon its own motion.
(f) The Board may prescribe reasonable fees for permits
required pursuant to this Act. Such fees in the aggregate
may not exceed the total cost to the Agency for its
inspection and permit systems. The Board may not prescribe
any permit fees which are different in amount from those
established by this Act.
(Source: P.A. 84-1308.)
(415 ILCS 5/7) (from Ch. 111 1/2, par. 1007)
Sec. 7. Public inspection; fees.
(a) All files, records, and data of the Agency, the
Board, and the Department shall be open to reasonable public
inspection and may be copied upon payment of reasonable fees
to be established where appropriate by the Agency, the Board,
or the Department, except for the following:
(i) information which constitutes a trade secret;
(ii) information privileged against introduction in
judicial proceedings;
(iii) internal communications of the several
agencies;
(iv) information concerning secret manufacturing
processes or confidential data submitted by any person
under this Act.
(b) Notwithstanding subsection (a) above, as to
information from or concerning persons subject to NPDES
permit requirements:
(i) effluent data may under no circumstances be
kept confidential; and
(ii) the Agency, the Board, and the Department may
make available to the public for inspection and copying
any required records, reports, information, permits, and
permit applications obtained from contaminant sources
subject to the provisions of Section 12 (f) of this Act;
provided that upon a showing satisfactory to the Agency,
the Board or the Department, as the case may be, by any
person that such information, or any part thereof (other
than effluent data) would, if made public, divulge
methods or processes entitled to protection as trade
secrets of such person, the Agency, the Board, or the
Department, as the case may be, shall treat such
information as confidential.
(c) Notwithstanding any other provision of this Title or
any other law to the contrary, all emission data reported to
or otherwise obtained by the Agency, the Board or the
Department in connection with any examination, inspection or
proceeding under this Act shall be available to the public to
the extent required by the federal Clean Air Act, Amendments
of 1977 (P.L. 95-95) as amended.
(d) Notwithstanding subsection (a) above, the quantity
and identity of substances being placed or to be placed in
landfills or hazardous waste treatment, storage or disposal
facilities, and the name of the generator of such substances
may under no circumstances be kept confidential.
(e) Notwithstanding any other provisions of this Title,
or any other law to the contrary, any information accorded
confidential treatment may be disclosed or transmitted to
other officers, employees or authorized representatives of
this State or of the United States concerned with or for the
purposes of carrying out this Act or federal environmental
statutes and regulations; provided, however, that such
information shall be identified as confidential by the
Agency, the Board, or the Department, as the case may be.
Any confidential information disclosed or transmitted under
this provision shall be used for the purposes stated herein.
(f) Except as provided in this Act neither the Agency,
the Board, nor the Department shall charge any fee for the
performance of its respective duties under this Act.
(g) All files, records and data of the Agency, the Board
and the Department shall be made available to the Department
of Public Health pursuant to the Illinois Health and
Hazardous Substances Registry Act. Expenses incurred in the
copying and transmittal of files, records and data requested
pursuant to this subsection (g) shall be the responsibility
of the Department of Public Health.
(Source: P.A. 85-1331.)
(415 ILCS 5/9.2) (from Ch. 111 1/2, par. 1009.2)
Sec. 9.2. Sulfur dioxide emission standards.
(a) (Blank.) The Agency shall review all Illinois sulfur
dioxide emission standards for existing fuel combustion
stationary emission sources located within the Chicago, St.
Louis (Illinois), and Peoria major metropolitan areas and, if
appropriate following such review, propose amendments to such
standards to the Board by July 1, 1980, or within 90 days of
receipt of the initial reports required pursuant to Section
6.1 of this Act, whichever is later. The standards proposed
by the Agency shall be designed to enhance the use of
Illinois coal, consistent with the need to attain and
maintain the National Ambient Air Quality Standards for
sulfur dioxide and particulate matter.
(b) In granting any alternative emission standard or
variance relating to sulfur dioxide emissions from a
coal-burning stationary source, the Board may require the use
of Illinois coal as a condition of such alternative standard
or variance, provided that the Board determines that Illinois
coal of the proper quality is available and competitive in
price; such determination shall include consideration of the
cost of pollution control equipment and the economic impact
on the Illinois coal mining industry.
(Source: P.A. 84-585.)
(415 ILCS 5/9.3) (from Ch. 111 1/2, par. 1009.3)
Sec. 9.3. Alternative control strategies.
(a) The General Assembly finds that control strategies,
including emission limitations, alternative but
environmentally equivalent to those required by Board
regulations or the terms of this Act, can assure equivalent
protection of the environment and that the use of such
alternative control strategies can encourage technological
innovation, reduce the likelihood of shutdown of older
sources, and can result in decreased costs of compliance and
increased availability of resources for use in productive
capital investments.
(b) (Blank.) Within 120 days after the effective date of
this amendatory Act of 1981, the Board shall adopt interim
rules pursuant to the Illinois Administrative Procedure Act
for the standards of issuance of permits to sources under
Section 39.1, provided, that processing of permits under
Section 39.1 is of vital benefit to the State, and may
proceed immediately upon the effective date of this
amendatory Act of 1981. Such interim rules shall be in
effect until the effective date of Board regulations
promulgated pursuant to subsection (c), below.
(c) On or before December 31, 1982, the Board shall
adopt regulations establishing a permit program pursuant to
Section 39.1 in accordance with Title VII of this Act.
(d) Board rules pursuant to this Section 9.3 shall set
forth reasonable requirements for issuance of an alternative
control strategy permit, provided that the Board may not
impose any condition or requirement more stringent than
required by the Clean Air Act or for compliance with this Act
or other Board regulations thereunder. The Agency shall
promptly adopt any necessary procedures for the
administration of such permit programs. The burden of
establishing that any procedure, condition or requirement
imposed by the Agency in or for the issuance of a permit is
more stringent than required by applicable law shall be upon
the permit applicant.
(Source: P.A. 88-45.)
(415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)
Sec. 9.4. Municipal waste incineration emission
standards.
(a) The General Assembly finds:
(1) That air pollution from municipal waste
incineration may constitute a threat to public health,
welfare and the environment. The amounts and kinds of
pollutants depend on the nature of the waste stream,
operating conditions of the incinerator, and the
effectiveness of emission controls. Under normal
operating conditions, municipal waste incinerators
produce pollutants such as organic compounds, metallic
compounds and acid gases which may be a threat to public
health, welfare and the environment.
(2) That a combustion and flue-gas control system,
which is properly designed, operated and maintained, can
substantially reduce the emissions of organic materials,
metallic compounds and acid gases from municipal waste
incineration.
(b) It is the purpose of this Section to insure that
emissions from new municipal waste incineration facilities
which burn a total of 25 tons or more of municipal waste per
day are adequately controlled.
Such facilities shall be subject to emissions limits and
operating standards based upon the application of Best
Available Control Technology, as determined by the Agency,
for emissions of the following categories of pollutants:
(1) particulate matter, sulfur dioxide and nitrogen
oxides;
(2) acid gases;
(3) heavy metals; and
(4) organic materials.
(c) The Agency shall issue permits, pursuant to Section
39, to new municipal waste incineration facilities only if
the Agency finds that such facilities are designed,
constructed and operated so as to comply with the
requirements prescribed by this Section.
Prior to adoption of Board regulations under subsection
(d) of this Section the Agency may issue permits for the
construction of new municipal waste incineration facilities.
The Agency determination of Best Available Control Technology
shall be based upon consideration of the specific pollutants
named in subsection (d), and emissions of particulate matter,
sulfur dioxide and nitrogen oxides.
Nothing in this Section shall limit the applicability of
any other Sections of this Act, or of other standards or
regulations adopted by the Board, to municipal waste
incineration facilities. In issuing such permits, the Agency
may prescribe those conditions necessary to assure continuing
compliance with the emission limits and operating standards
determined pursuant to subsection (b); such conditions may
include the monitoring and reporting of emissions.
(d) Within one year after July 1, 1986 the effective
date of this amendatory Act of 1985, the Board shall adopt
regulations pursuant to Title VII of this Act, which define
the terms in items (2), (3) and (4) of subsection (b) of this
Section which are to be used by the Agency in making its
determination pursuant to this Section. The provisions of
Section 27(b) of this Act shall not apply to this rulemaking.
Such regulations shall be written so that the categories
of pollutants include, but need not be limited to, the
following specific pollutants:
(1) hydrogen chloride in the definition of acid
gases;
(2) arsenic, cadmium, mercury, chromium, nickel and
lead in the definition of heavy metals; and
(3) polychlorinated dibenzo-p-dioxins,
polychlorinated dibenzofurans and polynuclear aromatic
hydrocarbons in the definition of organic materials.
(e) For the purposes of this Section, the term "Best
Available Control Technology" means an emission limitation
(including a visible emission standard) based on the maximum
degree of pollutant reduction which the Agency, on a
case-by-case basis, taking into account energy, environmental
and economic impacts, determines is achievable through the
application of production processes or available methods,
systems and techniques, including fuel cleaning or treatment
or innovative fuel combustion techniques. If the Agency
determines that technological or economic limitations on the
application of measurement methodology to a particular class
of sources would make the imposition of an emission standard
not feasible, it may instead prescribe a design, equipment,
work practice or operational standard, or combination
thereof, to require the application of best available control
technology. Such standard shall, to the degree possible, set
forth the emission reduction achievable by implementation of
such design, equipment, work practice or operation and shall
provide for compliance by means which achieve equivalent
results.
(f) "Municipal waste incineration" means the burning of
municipal waste or fuel derived therefrom in a combustion
apparatus designed to burn municipal waste that may produce
electricity or steam as a by-product. A "new municipal waste
incinerator" is an incinerator initially permitted for
development or construction after January 1, 1986.
(g) The provisions of this Section shall not apply to
industrial incineration facilities that burn waste generated
at the same site.
(Source: P.A. 91-357, eff. 7-29-99.)
(415 ILCS 5/12) (from Ch. 111 1/2, par. 1012)
Sec. 12. Actions prohibited. No person shall:
(a) Cause or threaten or allow the discharge of any
contaminants into the environment in any State so as to cause
or tend to cause water pollution in Illinois, either alone or
in combination with matter from other sources, or so as to
violate regulations or standards adopted by the Pollution
Control Board under this Act.
(b) Construct, install, or operate any equipment,
facility, vessel, or aircraft capable of causing or
contributing to water pollution, or designed to prevent water
pollution, of any type designated by Board regulations,
without a permit granted by the Agency, or in violation of
any conditions imposed by such permit.
(c) Increase the quantity or strength of any discharge
of contaminants into the waters, or construct or install any
sewer or sewage treatment facility or any new outlet for
contaminants into the waters of this State, without a permit
granted by the Agency.
(d) Deposit any contaminants upon the land in such place
and manner so as to create a water pollution hazard.
(e) Sell, offer, or use any article in any area in which
the Board has by regulation forbidden its sale, offer, or use
for reasons of water pollution control.
(f) Cause, threaten or allow the discharge of any
contaminant into the waters of the State, as defined herein,
including but not limited to, waters to any sewage works, or
into any well or from any point source within the State,
without an NPDES permit for point source discharges issued by
the Agency under Section 39(b) of this Act, or in violation
of any term or condition imposed by such permit, or in
violation of any NPDES permit filing requirement established
under Section 39(b), or in violation of any regulations
adopted by the Board or of any order adopted by the Board
with respect to the NPDES program.
No permit shall be required under this subsection and
under Section 39(b) of this Act for any discharge for which a
permit is not required under the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
For all purposes of this Act, a permit issued by the
Administrator of the United States Environmental Protection
Agency under Section 402 of the Federal Water Pollution
Control Act, as now or hereafter amended, shall be deemed to
be a permit issued by the Agency pursuant to Section 39(b) of
this Act. However, this shall not apply to the exclusion
from the requirement of an operating permit provided under
Section 13(b)(i).
Compliance with the terms and conditions of any permit
issued under Section 39(b) of this Act shall be deemed
compliance with this subsection except that it shall not be
deemed compliance with any standard or effluent limitation
imposed for a toxic pollutant injurious to human health.
In any case where a permit has been timely applied for
pursuant to Section 39(b) of this Act but final
administrative disposition of such application has not been
made, it shall not be a violation of this subsection to
discharge without such permit unless the complainant proves
that final administrative disposition has not been made
because of the failure of the applicant to furnish
information reasonably required or requested in order to
process the application. For purposes of this provision,
until implementing requirements have been established by the
Board and the Agency, all applications deemed filed with the
Administrator of the United States Environmental Protection
Agency pursuant to the provisions of the Federal Water
Pollution Control Act, as now or hereafter amended, shall be
deemed filed with the Agency.
(g) Cause, threaten or allow the underground injection
of contaminants without a UIC permit issued by the Agency
under Section 39(d) of this Act, or in violation of any term
or condition imposed by such permit, or in violation of any
regulations or standards adopted by the Board or of any order
adopted by the Board with respect to the UIC program.
No permit shall be required under this subsection and
under Section 39(d) of this Act for any underground injection
of contaminants for which a permit is not required under Part
C of the Safe Drinking Water Act (P.L. 93-523), as amended,
unless a permit is authorized or required under regulations
adopted by the Board pursuant to Section 13 of this Act.
(h) Introduce contaminants into a sewage works from any
nondomestic source except in compliance with the regulations
and standards adopted by the Board under this Act.
(Source: P.A. 86-671.)
(415 ILCS 5/13.1) (from Ch. 111 1/2, par. 1013.1)
Sec. 13.1. Groundwater monitoring network.
(a) (Blank.) The Department, in cooperation with the
Environmental Protection Agency and the Department of Public
Health, shall complete a study of groundwater quality in
Illinois. Such study, at a minimum, shall include a
compilation of currently available data on groundwater
quality and a limited amount of taking of new water samples
from existing wells to fill in major data gaps to provide a
preliminary assessment of current levels of contamination of
the groundwaters in the State by hazardous substances, and an
identification of the location of critical underground
resources such as recharge zones and high water tables. Such
study shall give priority to the assessment of groundwater
quality near hazardous waste facilities and shall include
recommendations on priorities for future studies and research
necessary to administer a groundwater protection program.
The Agency and the Department of Public Health and any other
State agency shall provide to the Department any information
relating to groundwater quality necessary to complete the
study. The Department shall complete its study by July 1,
1985 and shall report its findings to the Pollution Control
Board, the Agency, the General Assembly and the Governor.
(b) The Agency shall establish a Statewide groundwater
monitoring network. Such network shall include a sufficient
number of testing wells to assess the current levels of
contamination in the groundwaters of the State and to detect
any future degradation of groundwater resources. The
monitoring network shall give special emphasis to critical
groundwater areas and to locations near hazardous waste
disposal facilities. To the extent possible, the network
shall utilize existing publicly or privately operated
drinking water or monitoring wells.
(c) (Blank.) By January 1, 1986, the Agency shall
formulate a groundwater protection plan. Such plan shall
identify critical groundwaters that have been or are
particularly susceptible to contamination by hazardous
substances and probable sources of such contamination, and
shall recommend the steps to be taken to prevent the
degradation of the water quality of such areas. Such plan
may also recommend the establishment of a system of
classifying groundwaters based on their quality and use and
for the establishment of groundwater quality standards. The
Agency shall hold at least 3 public hearings, each at a
different location within the State, before finalizing the
plan. By January 1, 1986, the Agency shall report on its
plan to the Governor, the General Assembly and the Pollution
Control Board, along with recommendations for any
legislation, regulations or administrative changes necessary
to implement the groundwater protection plan.
(d) (Blank.) Following the completion of the groundwater
quality study and the groundwater protection plan, the
Pollution Control Board shall conduct public hearings on the
results and recommendations as provided in Title VII of this
Act. Upon conclusion of such hearings, the Board shall
publish its findings and conclusions on the areas covered by
the study and the plan and the testimony received.
(Source: P.A. 89-445, eff. 2-7-96.)
(415 ILCS 5/14.1) (from Ch. 111 1/2, par. 1014.1)
Sec. 14.1. Community water supply; minimum setback zone.
A minimum setback zone is established for the location of
each new community water supply well as follows:
(a) No new community water supply well may be located
within 200 feet of any potential primary or potential
secondary source or any potential route.
(b) No new community water supply well deriving water
from fractured or highly permeable bedrock or from an
unconsolidated and unconfined sand and gravel formation may
be located within 400 feet of any potential primary or
potential secondary source or any potential route. Such 400
foot setback is not applicable to any new community water
supply well where the potential primary or potential
secondary source is located within a site for which
certification is currently in effect pursuant to Section
14.5.
(c) Nothing in this Section shall affect any location
and construction requirement imposed in Section 6 of the
"Illinois Water Well Construction Code", approved August 20,
1965, as amended, and the regulations promulgated thereunder.
(d) For the purposes of this Section, a community water
supply well is "new" if it is constructed after September 24,
1987 the effective date of this Section.
(e) Nothing in this Section shall affect the minimum
distance requirements for new community water supply wells
relative to common sources of sanitary pollution as specified
by rules adopted under Section 17 of this Act.
(Source: P.A. 85-863.)
(415 ILCS 5/14.2) (from Ch. 111 1/2, par. 1014.2)
Sec. 14.2. New potential source or route; minimum setback
zone. A minimum setback zone is established for the location
of each new potential source or new potential route as
follows:
(a) Except as provided in subsections (b), (c) and (h)
of this Section, no new potential route or potential primary
source or potential secondary source may be placed within 200
feet of any existing or permitted community water supply well
or other potable water supply well.
(b) The owner of a new potential primary source or a
potential secondary source or a potential route may secure a
waiver from the requirement of subsection (a) of this Section
for a potable water supply well other than a community water
supply well. A written request for a waiver shall be made to
the owner of the water well and the Agency. Such request
shall identify the new or proposed potential source or
potential route, shall generally describe the possible effect
of such potential source or potential route upon the water
well and any applicable technology-based controls which will
be utilized to minimize the potential for contamination, and
shall state whether, and under what conditions, the requestor
will provide an alternative potable water supply. Waiver may
be granted by the owner of the water well no less than 90
days after receipt of the request unless prior to such time
the Agency notifies the well owner that it does not concur
with the request.
The Agency shall not concur with any such request which
fails to accurately describe reasonably foreseeable effects
of the potential source or potential route upon the water
well or any applicable technology-based controls. Such
notification by the Agency shall be in writing, and shall
include a statement of reasons for the nonconcurrence. Waiver
of the minimum setback zone established under subsection (a)
of this Section shall extinguish the water well owner's
rights under Section 6b of the Illinois Water Well
Construction Code but shall not preclude enforcement of any
law regarding water pollution. If the owner of the water
well has not granted a waiver within 120 days after receipt
of the request or the Agency has notified the owner that it
does not concur with the request, the owner of a potential
source or potential route may file a petition for an
exception with the Board and the Agency pursuant to
subsection (c) of this Section.
No waiver under this Section is required where the
potable water supply well is part of a private water system
as defined in the Illinois Groundwater Protection Act, and
the owner of such well will also be the owner of a new
potential secondary source or a potential route. In such
instances, a prohibition of 75 feet shall apply and the owner
shall notify the Agency of the intended action so that the
Agency may provide information regarding the potential
hazards associated with location of a potential secondary
source or potential route in close proximity to a potable
water supply well.
(c) The Board may grant an exception from the setback
requirements of this Section and subsection (e) of Section
14.3 to the owner of a new potential route, a new potential
primary source other than landfilling or land treating, or a
new potential secondary source. The owner seeking an
exception with respect to a community water supply well shall
file a petition with the Board and the Agency. The owner
seeking an exception with respect to a potable water supply
well other than a community water supply well shall file a
petition with the Board and the Agency, and set forth therein
the circumstances under which a waiver has been sought but
not obtained pursuant to subsection (b) of this Section. A
petition shall be accompanied by proof that the owner of each
potable water supply well for which setback requirements
would be affected by the requested exception has been
notified and been provided with a copy of the petition. A
petition shall set forth such facts as may be required to
support an exception, including a general description of the
potential impacts of such potential source or potential route
upon groundwaters and the affected water well, and an
explanation of the applicable technology-based controls which
will be utilized to minimize the potential for contamination
of the potable water supply well.
The Board shall grant an exception, whenever it is found
upon presentation of adequate proof, that compliance with the
setback requirements of this Section would pose an arbitrary
and unreasonable hardship upon the petitioner, that the
petitioner will utilize the best available technology
controls economically achievable to minimize the likelihood
of contamination of the potable water supply well, that the
maximum feasible alternative setback will be utilized, and
that the location of such potential source or potential route
will not constitute a significant hazard to the potable water
supply well.
Not later than January 1, 1988, The Board shall adopt
procedural rules governing requests for exceptions under this
subsection. The rulemaking provisions of Title VII of this
Act and of Section 5-35 of the Illinois Administrative
Procedure Act shall not apply to such rules. A decision made
by the Board pursuant to this subsection shall constitute a
final determination.
The granting of an exception by the Board shall not
extinguish the water well owner's rights under Section 6b of
the Illinois Water Well Construction Code in instances where
the owner has elected not to provide a waiver pursuant to
subsection (b) of this Section.
(d) Except as provided in subsections (c) and (h) of
this Section and Section 14.5, no new potential route or
potential primary source or potential secondary source may be
placed within 400 feet of any existing or permitted community
water supply well deriving water from an unconfined shallow
fractured or highly permeable bedrock formation or from an
unconsolidated and unconfined sand and gravel formation. The
Agency shall notify, not later than January 1, 1988, the
owner and operator of each existing well which is afforded
this setback protection and shall maintain a directory of all
community water supply wells to which the 400 foot minimum
setback zone applies.
(e) The minimum setback zones established under
subsections (a) and (b) of this Section shall not apply to
new common sources of sanitary pollution as specified
pursuant to Section 17 and the regulations adopted thereunder
by the Agency; however, no such common sources may be located
within the applicable minimum distance from a community water
supply well specified by such regulations.
(f) Nothing in this Section shall be construed as
limiting the power of any county or municipality to adopt
ordinances which are consistent with but not more stringent
than the prohibitions herein.
(g) Nothing in this Section shall preclude any
arrangement under which the owner or operator of a new source
or route does the following:
(1) purchases an existing water supply well and
attendant property with the intent of eventually
abandoning or totally removing the well;
(2) replaces an existing water supply well with a
new water supply of substantially equivalent quality and
quantity as a precondition to locating or constructing
such source or route;
(3) implements any other arrangement which is
mutually agreeable with the owner of a water supply well;
or
(4) modifies the on-site storage capacity at an
agrichemical facility such that the volume of pesticide
storage does not exceed 125% of the available capacity in
existence on April 1, 1990, or the volume of fertilizer
storage does not exceed 150% of the available capacity in
existence on April 1, 1990; provided that a written
endorsement for an agrichemical facility permit is in
effect under Section 39.4 of this Act and the maximum
feasible setback is maintained. This on-site storage
capacity includes mini-bulk pesticides, package
agrichemical storage areas, liquid or dry fertilizers,
and liquid or dry pesticides.
(h) A new potential route, which is an excavation for
stone, sand or gravel and which becomes active on lands which
were acquired or were being held as mineral reserves prior to
September 24, 1987, shall only be subject to the setback
requirements of subsections (a) and (d) of this Section with
respect to any community water supply well, non-community
water system well, or semi-private water system w