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92nd General Assembly

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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 well in
existence prior to January 1, 1988.
(Source: P.A. 90-14, eff. 7-1-97.)

    (415 ILCS 5/14.3) (from Ch. 111 1/2, par. 1014.3)
    Sec. 14.3. Community water supply; maximum setback zone.
A maximum setback zone may be  established  for  a  community
water supply well as follows:
    (a)  Owners of community water supplies which utilize any
water  well,  or  any  county  or  municipality served by any
community water supply well, may determine the  lateral  area
of influence of the well under normal operational conditions.
The   Agency   shall   adopt   procedures   by   which   such
determinations  may  be  made  including,  where appropriate,
pumping tests and estimation techniques.
    (b)  Where the results of any determination made pursuant
to subsection (a) of this Section disclose that the  distance
from  the  well to the outermost boundary of the lateral area
of influence of the well under normal operational  conditions
exceeds  the  radius  of the minimum setback zone established
for that  well  pursuant  to  Section  14.2,  any  county  or
municipality  served  by  such  water  supply  may in writing
request the  Agency  to  review  and  confirm  the  technical
adequacy  of such determination.  The Agency shall, within 90
days of  the  request,  notify  the  county  or  municipality
whether   the   determination  is  technically  adequate  for
describing the outer boundary of  drawdown  of  the  affected
groundwater  by the well under normal operational conditions.
Any action by the Agency hereunder shall be  in  writing  and
shall constitute a final determination of the Agency.
    (c)  Upon receipt of Agency confirmation of the technical
adequacy  of  such  determination, the county or municipality
may, after notice  and  opportunity  for  comment,  adopt  an
ordinance  setting  forth  the location of each affected well
and specifying the boundaries  of  a  maximum  setback  zone,
which  boundaries  may  be  irregular.  In no event, however,
shall any portion of such a boundary be in  excess  of  1,000
feet  from the wellhead, except as provided by subsection (f)
of this Section.   Such  ordinance  shall  include  the  area
within   the   applicable  minimum  setback  zone  and  shall
incorporate requirements which are consistent  with  but  not
more  stringent  than  the  prohibitions  of this Act and the
regulations promulgated by  the  Board  under  Section  14.4,
except  as  provided  by subsection (f) of this Section. Upon
adoption, the county or municipality shall provide a copy  of
the  ordinance  to  the  Agency.   Any county or municipality
which fails to adopt such an  ordinance  within  2  years  of
receipt  of Agency confirmation of technical adequacy may not
proceed under the authority of this Section without obtaining
a new confirmation of  the  technical  adequacy  pursuant  to
subsection (b) of this Section.
    (d)  After  July  1, 1989, and upon written notice to the
county or municipality, the Agency may propose to the Board a
regulation establishing a maximum setback zone for  any  well
subject  to  this Section.  Such proposal shall be based upon
all reasonably available hydrogeologic  information,  include
the   justification   for  expanding  the  zone  of  wellhead
protection, and specify  the  boundaries  of  such  zone,  no
portion  of which boundaries shall be in excess of 1,000 feet
from the wellhead.  Such justification may include  the  need
to  protect  a sole source of public water supply or a highly
vulnerable source of groundwater, or an Agency  finding  that
the  presence  of  potential  primary  or potential secondary
sources or potential routes represents a  significant  hazard
to  the  public  health  or  the environment.  The Agency may
proceed with the filing of such a proposal unless the  county
or municipality, within 30 days of the receipt of the written
notice,  files  a  written  request for a conference with the
Agency.  Upon receipt of such a  request,  the  Agency  shall
schedule  a  conference to be held within 90 days thereafter.
At the conference, the Agency  shall  inform  the  county  or
municipality  regarding  the  proposal.  Within 30 days after
the conference, the affected unit  of  local  government  may
provide  written  notice  to  the  Agency  of  its  intent to
establish a maximum setback zone in lieu of the Agency acting
on a proposal.  Upon receipt of such a notice of intent,  the
Agency may not file a proposal with the Board for a period of
6  months.   Rulemaking  proceedings  initiated by the Agency
under  this  subsection  shall  be  conducted  by  the  Board
pursuant to Title VII of this Act, except that subsection (b)
of Section 27 shall not apply.
    Nothing in this Section shall be  construed  as  limiting
the  general authority of the Board to promulgate regulations
pursuant  to  Title  VII  of  this  Act.   Nothing  in   this
subsection shall limit the right of any person to participate
in  rulemaking  proceedings conducted by the Board under this
subsection.
    (e)  Except as provided  in  subsection  (c)  of  Section
14.2,  no new potential primary source shall be placed within
the maximum setback zone established for any community  water
supply  well  pursuant  to  subsection  (c)  or  (d) of  this
Section.  Nothing in this subsection 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 prohibition as stated herein.
    (f)  If   an   active  community  water  supply  well  is
withdrawing groundwater from within the alluvial deposits and
is located within 1000 feet of public waters, the  boundaries
of  a  maximum  setback zone adopted by ordinance pursuant to
subsection (c) may be established to a distance of 2,500 feet
from the wellhead.  No new potential route shall  be  placed,
operated   or   utilized  within  the  maximum  setback  zone
established for any community water supply well  pursuant  to
this  subsection.   Restrictions  provided  in subsection (e)
shall not be applied beyond 1,000 feet from the wellhead  for
maximum  setback  zones  adopted pursuant to this subsection.
An  ordinance  which  creates  a  maximum  setback  zone   as
described  by  this  subsection shall also be consistent with
subsections (a), (b)  and  (c)  of  this  Section,  including
incorporation  of  requirements which are consistent with but
no more stringent than the prohibitions  of  this  amendatory
Act  of  1989.   For  purposes  of  this subsection, the term
"public waters" means public waters as defined in Section  18
of  the Rivers, Lakes, and Streams Act "An Act in relation to
the regulation of the rivers, lakes and streams of the  State
of  Illinois",  approved  June  10, 1911, as now or hereafter
amended.
(Source: P.A. 86-125.)

    (415 ILCS 5/14.4) (from Ch. 111 1/2, par. 1014.4)
    Sec. 14.4. Groundwater rules.
    (a)  No later than January 1,  1989,  the  Agency,  after
consultation  with  the Interagency Coordinating Committee on
Groundwater  and  the  Groundwater  Advisory  Council,  shall
propose regulations to the Board  prescribing  standards  and
requirements for the following activities:
         (1)  landfilling,  land treating, surface impounding
    or piling of special waste and other wastes  which  could
    cause   contamination   of   groundwater  and  which  are
    generated on the site, other  than  hazardous,  livestock
    and  landscape  waste,  and  construction  and demolition
    debris;
         (2)  storage of  special  waste  in  an  underground
    storage  tank  for  which federal regulatory requirements
    for the protection of groundwater are not applicable;
         (3)  storage and related handling of pesticides  and
    fertilizers  at  a facility for the purpose of commercial
    application;
         (4)  storage and related handling of road  oils  and
    de-icing agents at a central location; and
         (5)  storage  and related handling of pesticides and
    fertilizers at a central  location  for  the  purpose  of
    distribution to retail sales outlets.
    In preparing such regulation, the Agency shall provide as
it  deems  necessary  for more stringent provisions for those
activities  enumerated  in  this  subsection  which  are  not
already in existence.  Any activity for which such  standards
and  requirements  are  proposed  may be referred to as a new
activity.   For  the  purposes  of  this  Section,  the  term
"commercial   application"  shall  not  include  the  use  of
pesticides or fertilizers  in  a  manner  incidental  to  the
primary business activity.
    (b)  No  later  than  October  1,  1993,  the Board shall
promulgate appropriate regulations for  existing  activities.
In  promulgating  these  regulations,  the  Board  shall,  in
addition  to  the factors set forth in Title VII of this Act,
consider the following:
         (1)  appropriate   programs   for   water    quality
    monitoring;
         (2)  reporting,  recordkeeping and remedial response
    measures;
         (3)  appropriate   technology-based   measures   for
    pollution control; and
         (4)  requirements for closure or  discontinuance  of
    operations.
    Such  regulations  as  are  promulgated  pursuant to this
subsection shall be for the  express  purpose  of  protecting
groundwaters.  The applicability of such regulations shall be
limited to any existing activity which is located:
         (A)  within  a  setback  zone regulated by this Act,
    other than an activity located on  the  same  site  as  a
    non-community  water  system well and for which the owner
    is the same for both the activity and the well; or
         (B)  within a regulated recharge area as  delineated
    by Board regulation, provided that:
              (i)  the   boundary  of  the  lateral  area  of
         influence of a community water supply  well  located
         within  the  recharge  area  includes  such activity
         therein;
              (ii)  the distance from  the  wellhead  of  the
         community  water  supply  to  the  activity does not
         exceed 2500 feet; and
              (iii)  the community water supply well  was  in
         existence prior to January 1, 1988.
    In  addition, the Board shall ensure that the promulgated
regulations are consistent with and not  pre-emptive  of  the
certification  system  provided  by Section 14.5. Pursuant to
this amendatory Act of 1992,   The  Board  shall  modify  the
regulations  adopted  under  this  subsection  to  provide an
exception for existing activities subject  to  Section  14.6.
In  taking  this  action,  the  Board  shall  proceed  in  an
expeditious  manner to prevent affected activities from being
in noncompliance on or after January 1, 1993.
    (c)  Concurrently with the action mandated by  subsection
(a),   the   Agency  shall  evaluate,  with  respect  to  the
protection of groundwater, the adequacy of  existing  federal
and  State  regulations  regarding  the disposal of hazardous
waste and  the offsite  disposal  of  special  and  municipal
wastes.    The   Agency  shall  then  propose,  as  it  deems
necessary,  additional  regulations  for  such  new  disposal
activities  as  may  be  necessary  to  achieve  a  level  of
groundwater  protection   that   is   consistent   with   the
regulations proposed under subsection (a) of this Section.
    (d)  Following  receipt of proposed regulations submitted
by the Agency pursuant to subsection (a) of this Section, the
Board  shall  promulgate  appropriate  regulations  for   new
activities.   In  promulgating  these  regulations, the Board
shall, in addition to the factors set forth in Title  VII  of
this Act, consider the following:
         (1)  appropriate    programs   for   water   quality
    monitoring, including,  where  appropriate,  notification
    limitations to trigger preventive response activities;
         (2)  design  practices and technology-based measures
    appropriate for minimizing the potential for  groundwater
    contamination;
         (3)  reporting,  recordkeeping and remedial response
    measures; and
         (4)  requirements for closure or  discontinuance  of
    operations.
    Such  regulations  as  are  promulgated  pursuant to this
subsection shall be for the  express  purpose  of  protecting
groundwaters.  The applicability of such regulations shall be
limited  to  any new activity which is to be located within a
setback zone regulated by this Act, or which is to be located
within a regulated  recharge  area  as  delineated  by  Board
regulation.    In  addition,  the Board shall ensure that the
promulgated  regulations  are   consistent   with   and   not
pre-emptive  of  the certification system provided by Section
14.5.  Pursuant to this amendatory Act  of  1992,  The  Board
shall modify the regulations adopted under this subsection to
provide  an  exception  for new activities subject to Section
14.6.  In taking this action, the Board shall proceed  in  an
expeditious  manner to prevent affected activities from being
in noncompliance on or after January 1, 1993.
    (e)  Nothing  in  this  Section  shall  be  construed  as
prohibiting any person for whom regulations  are  promulgated
by  the  Board  pursuant  to  subsection  (b)  or (c) of this
Section, from proposing and obtaining, concurrently with  the
regulations proposed by the Agency pursuant to subsection (a)
of  this  Section,  a  rule specific to individual persons or
sites pursuant to  Title  VII  of  this  Act  which  codifies
alternative   groundwater  protection  methods  that  provide
substantially  equivalent  protection  for  community   water
supplies.
    (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  regulations  adopted by the Board pursuant to this
Section, for application of standards and requirements within
such setback zones as are provided by this Act.
    (g)  The Agency shall prepare  a  groundwater  protection
regulatory   agenda   for   submittal   to   the  Interagency
Coordinating Committee on  Groundwater  and  the  Groundwater
Advisory Council.  In preparing this agenda, the Agency shall
consider  situations where gaps may exist in federal or State
regulatory  protection  for  groundwater,  or  where  further
refinements could be necessary to achieve adequate protection
of groundwater.
    (h)  Nothing  in  this  Section  shall  be  construed  as
limiting the general authority of  the  Board  to  promulgate
regulations pursuant to Title VII of this Act.
    (i)  The  Board's  rulemaking  with respect to subsection
(a)(3) of this Section shall take into account  the  relevant
aspects   of   the   Department  of  Agriculture's  Part  255
regulations which specify containment rules for  agrichemical
facilities.
(Source: P.A. 87-1108.)

    (415 ILCS 5/14.6) (from Ch. 111 1/2, par. 1014.6)
    Sec. 14.6. Agrichemical facilities.
    (a)  Notwithstanding  the  provisions  of  Section  14.4,
groundwater  protection  for  storage and related handling of
pesticides and fertilizers at a facility for the  purpose  of
commercial  application  or  at  a  central  location for the
purpose of  distribution  to  retail  sales  outlets  may  be
provided by adherence to the provisions of this Section.  For
any  such  activity  to  be  subject  to  this  Section,  the
following action must be taken by an owner or operator:
         (1)  with  respect  to  agrichemical  facilities, as
    defined by  the  Illinois  Pesticide  Act,  the  Illinois
    Fertilizer Act and regulations adopted thereunder, file a
    written  notice of intent to be subject to the provisions
    of this Section with the  Department  of  Agriculture  by
    January  1,  1993,  or  within 6 months after the date on
    which  a  maximum  setback  zone  is  established  or   a
    regulated   recharge  area  regulation  is  adopted  that
    affects such a facility;
         (2)  with respect to lawn care facilities  that  are
    subject  to  the  containment area provisions of the Lawn
    Care  Products  Application  and  Notice  Act   and   its
    regulations,  file  a  written  notice  of  intent  to be
    subject to  the  provisions  of  this  Section  with  the
    Department of Agriculture by January 1, 1993, or within 6
    months  after the date on which a maximum setback zone is
    established or a regulated recharge  area  regulation  is
    adopted that affects such a facility;
         (3)  with respect to a central distribution location
    that  is  not an agrichemical facility, certify intent to
    be subject to the  provisions  of  this  Section  on  the
    appropriate license or renewal application form submitted
    to the Department of Agriculture; or
         (4)  with  respect  to  any other affected facility,
    certify intent to be subject to the  provisions  of  this
    Section  on  the  appropriate  renewal  application forms
    submitted to  the  Department  of  Agriculture  or  other
    appropriate agency.
    An  owner or operator of a facility that takes the action
described  in  this  subsection  shall  be  subject  to   the
provisions  of  this Section and shall not be regulated under
the  provisions  of  Section  14.4,  except  as  provided  in
subsection (d)  of  this  Section  and  unless  a  regulatory
program  is  not  in  effect  by January 1, 1994, pursuant to
subsection (b) or (c) of this  Section.   The  Department  of
Agriculture  or other appropriate agency shall provide copies
of the written notices and certifications to the Agency.  For
the  purposes  of  this  subsection,  the  term   "commercial
application"  shall  not  include  the  use  of pesticides or
fertilizers in a manner incidental to  the  primary  business
activity.
    (b)  The  Agency  and  Department  of  Agriculture  shall
cooperatively  develop  a  program for groundwater protection
for  designated  facilities  or  sites  consistent  with  the
activities specified in subsection (a) of  this  Section.  In
developing  such  a program, the Agency and the Department of
Agriculture shall consult with affected  interests  and  take
into  account  relevant  information.   Based  on such agreed
program,  the   Department   of   Agriculture   shall   adopt
appropriate  regulatory  requirements by January 1, 1994, for
the designated facilities or sites and administer a  program.
At a minimum, the following considerations must be adequately
addressed as part of such program:
         (1)  a  facility  review  process,  using  available
    information  when  appropriate,  to determine those sites
    where groundwater monitoring will be implemented;
         (2)  requirements for groundwater quality monitoring
    for sites identified under item (1);
         (3)  reporting, response,  and  operating  practices
    for the types of designated facilities; and
         (4)  requirements  for  closure or discontinuance of
    operations.
    (c)  The Agency may enter into a written  agreement  with
any  State  agency  to  operate  a  cooperative  program  for
groundwater  protection  for  designated  facilities or sites
consistent with the activities specified in subparagraph  (4)
of  subsection  (a) of this Section.  Such State agency shall
adopt appropriate regulatory requirements for the  designated
facilities or sites and necessary procedures and practices to
administer the program.
    (d)  The  Agency  shall  ensure that any facility that is
subject to this Section  is  in  compliance  with  applicable
provisions  as  specified  in  subsection  (b) or (c) of this
Section.  To fulfill this responsibility, the Agency may rely
on information provided by  another  State  agency  or  other
information that is obtained on a direct basis. If a facility
is  not  in  compliance  with the applicable provisions, or a
deficiency in the execution  of  a  program  affects  such  a
facility,  the  Agency  may  so  notify  the facility of this
condition and shall provide 30 days for a written response to
be filed.  The response may describe any actions taken by the
owner which relate to the condition of noncompliance.  If the
response is deficient or untimely,  the  Agency  shall  serve
notice  upon  the  owner  that the facility is subject to the
applicable  provisions  of  Section  14.4  of  this  Act  and
regulations adopted thereunder.
    (e)  (Blank.) After January 1, 1993, and  before  January
1,  1994,  an owner or operator of a facility that is subject
to the provisions of this Section  may  withdraw  the  notice
given  under  subsection  (a)  of  this  Section  by filing a
written  withdrawal  statement   with   the   Department   of
Agriculture.   Within  45  days  after  such filing and after
consultation with the Agency, the Department  of  Agriculture
shall  provide  written confirmation to the owner or operator
that the facility is no longer subject to the  provisions  of
this  Section  and must comply with the applicable provisions
of  Section  14.4  within  90  days  after  receipt  of   the
confirmation.  The  Department  of  Agriculture shall provide
copies of the written confirmations to the Agency.
    (f)  After January 1, 1994, and before one year after the
date on which a maximum setback  zone  is  established  or  a
regulated  recharge area regulation is adopted that affects a
facility subject to the provisions of this Section, an  owner
or  operator of such a facility may withdraw the notice given
under subsection (a) of this  Section  by  filing  a  written
withdrawal  statement  with  the  Department  of Agriculture.
Within 45 days after such filing and after consultation  with
the  Agency,  the  Department  of  Agriculture  shall provide
written confirmation  to  the  owner  or  operator  that  the
facility  is  no  longer  subject  to  the provisions of this
Section and must comply with  the  applicable  provisions  of
Section   14.4   within   90   days   after  receipt  of  the
confirmation. The Department  of  Agriculture  shall  provide
copies of the written confirmations to the Agency.
    (g)  On  or  after  August 11, the effective date of this
amendatory  Act  of  1994,  an  owner  or  operator   of   an
agrichemical  facility  that  is subject to the provisions of
Section  14.4  and  regulations  adopted  thereunder   solely
because  of  the  presence of an on-site potable water supply
well that is not a non-community  water  supply  may  file  a
written  notice with the Department of Agriculture by January
1,  1995  declaring  the  facility  to  be  subject  to   the
provisions  of  this Section.  When that action is taken, the
regulatory requirements of subsection  (b)  of  this  Section
shall  be  applicable  beginning  January 1, 1995. During the
period from January 1, 1993 through December  31,  1994,  any
facility described in this subsection shall not be subject to
regulation  under  Section  14.4  of  this Act.  Beginning on
January 1, 1995, such facilities shall be subject  to  either
Section  14.4  or  this Section depending on the action taken
under  this  subsection.   An  owner  or   operator   of   an
agrichemical facility that is subject to this Section because
a written notice was filed under this subsection shall do all
of the following:
         (1)  File   a   facility   review  report  with  the
    Department of Agriculture on or before February 28,  1995
    consistent with the regulatory requirements of subsection
    (b) of this Section.
         (2)  Implement an approved monitoring program within
    120  days  of  receipt of the Department of Agriculture's
    determination or a notice to proceed from the  Department
    of   Agriculture.    The   monitoring  program  shall  be
    consistent with the requirements  of  subsection  (b)  of
    this Section.
         (3)  Implement applicable operational and management
    practice  requirements and submit a permit application or
    modification to  meet  applicable  structural  provisions
    consistent  with  those in subsection (b) of this Section
    on or before July 1, 1995 and  complete  construction  of
    applicable  structural  requirements on or before January
    1, 1996.
Notwithstanding the provisions of this subsection,  an  owner
or  operator  of  an agrichemical facility that is subject to
the  provisions  of  Section  14.4  and  regulations  adopted
thereunder solely because  of  the  presence  of  an  on-site
private  potable  water supply well may file a written notice
with the Department of Agriculture  before  January  1,  1995
requesting  a release from the provisions of Section 14.4 and
this Section.  Upon receipt of a  request  for  release,  the
Department  of  Agriculture  shall  conduct  a  site visit to
confirm the private potable use  of  the  on-site  well.   If
private  potable  use  is  confirmed,  the  Department  shall
provide  written  notice  to  the  owner  or  operator of the
agrichemical facility that  the  facility  is  released  from
compliance  with  the  provisions  of  Section  14.4 and this
Section.  If  private  potable  use  is  not  confirmed,  the
Department of Agriculture shall provide written notice to the
owner  or operator that a release cannot be given.  No action
in  this  subsection  shall  be  precluded  by  the   on-site
non-potable  use  of  water  from  an on-site private potable
water supply well.
(Source: P.A. 92-113, eff. 7-20-01.)
    (415 ILCS 5/17) (from Ch. 111 1/2, par. 1017)
    Sec. 17. Rules; chlorination requirements.
    (a)  The  Board  may  adopt  regulations  governing   the
location,  design, construction, and continuous operation and
maintenance of public water supply installations, changes  or
additions  which  may affect the continuous sanitary quality,
mineral quality, or adequacy  of  the  public  water  supply,
pursuant to Title VII of this Act.
    (b)  The   Agency   shall   exempt   from  any  mandatory
chlorination requirement of the  Board  any  community  water
supply which meets all of the following conditions:
    (1)  The  population  of the community served is not more
than 5,000;
    (2)  Has as its only source of  raw  water  one  or  more
properly  constructed wells into confined geologic formations
not subject to contamination;
    (3)  Has  no   history   of   persistent   or   recurring
contamination,  as  indicated  by sampling results which show
violations of finished water quality  requirements,  for  the
most recent five-year period;
    (4)  Does  not provide any raw water treatment other than
fluoridation;
    (5)  Has an active program  approved  by  the  Agency  to
educate  water  supply  consumers  on preventing the entry of
contaminants into the water system;
    (6)  Has a certified operator of the proper class, or  if
it  is  an  exempt  community  public  water  supply,  has  a
registered  person  responsible in charge of operation of the
public water supply;
    (7)  Submits  samples  for  microbiological  analysis  at
twice the frequency specified in the Board regulations; and
    (8)  A unit of local government  seeking  to  exempt  its
public  water  supply from the chlorination requirement under
this subsection (b) on or after September  9,  the  effective
date  of  this  amendatory  Act  of 1983 shall be required to
receive the approval of the voters of such local  government.
The proposition to exempt the community water supply from the
mandatory  chlorination  requirement  shall  be placed on the
ballot if the governing body of the local  government  adopts
an  ordinance  or resolution directing the clerk of the local
government to place such question on the ballot.   The  clerk
shall  cause  the election officials to place the proposition
on the ballot at the next election at which such  proposition
may  be  voted  upon  if  a  certified  copy  of  the adopted
ordinance or resolution is filed in his office  at  least  90
days  before  such  election.   The proposition shall also be
placed on the ballot if a petition containing the  signatures
of  at least 10% of the eligible voters residing in the local
government is filed with the clerk at least  90  days  before
the next election at which the proposition may be voted upon.
The proposition shall be in substantially the following form:
-------------------------------------------------------------
    Shall the community
water supply of ..... (specify     YES
the unit of local government)
be exempt from the mandatory    -----------------------------
chlorination requirement            NO
of the State of Illinois?
-------------------------------------------------------------
    If  the  majority  of  the voters of the local government
voting  therein  vote  in  favor  of  the  proposition,   the
community  water  supply  of  that  local government shall be
exempt from the mandatory chlorination requirement,  provided
that  the  other  requirements  under this subsection (b) are
met.    If  the  majority  of  the  vote  is   against   such
proposition,  the  community  water  supply may not be exempt
from the mandatory chlorination requirement.
    Agency  decisions   regarding   exemptions   under   this
subsection  may  be  appealed  to  the  Board pursuant to the
provisions of Section 40(a) of this Act.
    (c)  Any supply showing contamination in its distribution
system (including finished water storage) may be required  to
chlorinate until the Agency has determined that the source of
contamination   has   been   removed   and   all   traces  of
contamination  in   the   distribution   system   have   been
eliminated.   Standby  chlorination equipment may be required
by the Agency if a supply otherwise exempt from  chlorination
shows frequent or gross episodes of contamination.
(Source: P.A. 83-273.)

    (415 ILCS 5/19.10)
    Sec.   19.10.   Re-enactment  of  Title  IV-A;  findings;
purpose; validation.
    (a)  The General Assembly finds and declares that:
         (1)  Title IV-A (consisting of Sections 19.1 through
    19.9) was first added to the Environmental Protection Act
    by Article III of Public Act 85-1135, effective September
    1, 1988.  In its original form, Title  IV-A  created  the
    Water Pollution Control Revolving Fund and authorized the
    Illinois  Environmental  Protection Agency to establish a
    program for providing  units  of  local  government  with
    low-cost   loans  to  be  used  to  construct  wastewater
    treatment works.  The loans are paid from  the  Revolving
    Fund,  which  consists  primarily  of  a  combination  of
    federal grant money, State matching money, and money that
    has been repaid on past loans.
         (2)  In  1995,  Title IV-A was amended by Public Act
    89-27, effective January 1, 1997, which created the  Loan
    Support Program and made other changes.  The Loan Support
    Program  provides  financing  for  certain administrative
    costs of the Agency.  It specifically includes the  costs
    of  developing  a  loan  program  for public water supply
    projects.
         (3)  Title IV-A was amended by  Public  Act  90-121,
    effective  July  17,  1997, which changed the name of the
    Water Pollution  Control  Revolving  Fund  to  the  Water
    Revolving  Fund  and created the Public Water Supply Loan
    Program.  Under this program, the Agency is authorized to
    make low-interest loans to units of local government  for
    the construction of public water supply facilities.
         (4)  Title  IV-A has also been amended by Public Act
    86-671,  effective  September  1,  1989;   P.A.   86-820,
    effective  September  7, 1989; and P.A. 90-372, effective
    July 1, 1998.
         (5)  Article III, Section 6, of Public  Act  85-1135
    amended the Build Illinois Bond Act.  Among other changes
    to that Act, P.A. 85-1135 authorized the deposit of up to
    $70,000,000  into  the  Water Pollution Control Revolving
    Fund to be used for the Title IV-A loan program.
         (6)  Article III of Public Act  85-1135  also  added
    Section  5.237  to  the  State Finance Act.  This Section
    added the Water Pollution Control Revolving Fund  to  the
    list of special funds in the State Treasury.  The Section
    was  renumbered  as  Section  5.238  by  a revisory bill,
    Public Act 85-1440, effective February 1, 1989.  Although
    the name of the Fund was changed by  Public  Act  90-121,
    that Act did not make the corresponding change in Section
    5.238.
         (7)  Over  the  10  years  that  it has administered
    Title IV-A programs, the Agency  has  entered  into  loan
    agreements with hundreds of units of local government and
    provided  hundreds  of  millions  of dollars of financial
    assistance for water pollution control  projects.   There
    are  currently  many  active  Title  IV-A  loans  in  the
    disbursement  phase and many more that are in the process
    of being repaid.  The Agency continues  to  receive  many
    new applications each year.
         (8)  Public  Act  85-1135, which created Title IV-A,
    also contained provisions  relating  to  tax  reform  and
    State bonds.
         (9)  On  August  26,  1998,  the Cook County Circuit
    Court entered an order in  the  case  of  Oak  Park  Arms
    Associates v. Whitley (No. 92 L 51045), in which it found
    that  Public  Act  85-1135  violates  the  single subject
    clause of the Illinois Constitution (Article IV,  Section
    8(d)).   As  of  the time this amendatory Act of 1999 was
    prepared, the order declaring P.A.  85-1135  invalid  has
    been vacated but the case is subject to appeal.
         (10)  The  projects  funded  under Title IV-A affect
    the vital areas of wastewater  and  sewage  disposal  and
    drinking water supply and are important for the continued
    health, safety, and welfare of the people of this State.
    (b)  It  is  the  purpose  of this amendatory Act of 1999
(Public Act 91-52) to prevent or minimize any  disruption  to
the  programs  administered  under Title IV-A that may result
from challenges to the constitutional validity of Public  Act
85-1135.
    (c)  This  amendatory  Act of 1999 (P.A. 91-52) re-enacts
Title IV-A of the Environmental Protection Act as it has been
amended.   This  re-enactment  is  intended  to  ensure   the
continuation  of  the  programs administered under that Title
and,  if  necessary,  to  recreate  them.   The  material  in
Sections 19.1 through 19.9 is shown as existing  text  (i.e.,
without underscoring) because, as of the time this amendatory
Act  of  1999  was prepared, the order declaring P.A. 85-1135
invalid has been vacated.   Section  19.7  has  been  omitted
because  it was repealed by Public Act 90-372, effective July
1, 1998.
    Section 4.1 is added to the Build Illinois  Bond  Act  to
re-authorize  the  deposit  of funds into the Water Pollution
Control Revolving Fund.
    Section 5.238 of the State Finance Act is both re-enacted
and  amended  to  reflect  the  current  name  of  the  Water
Revolving Fund.
    (d)  The re-enactment of Title IV-A of the  Environmental
Protection Act by this amendatory Act of 1999 (P.A. 91-52) is
intended to remove any question as to the validity or content
of  Title  IV-A;  it  is  not intended to supersede any other
Public Act that amends the text of a Section as set forth  in
this  amendatory Act.  This re-enactment is not intended, and
shall not be construed, to imply that Public Act  85-1135  is
invalid  or  to limit or impair any legal argument concerning
(1) whether the Agency has express or  implied  authority  to
administer loan programs in the absence of Title IV-A, or (2)
whether  the  provisions  of  Title  IV-A  were substantially
re-enacted by P.A. 89-27 or 90-121.
    (e)  All otherwise lawful actions taken before  June  30,
1999  (the  effective date of P.A. 91-52) this amendatory Act
of 1999 by any employee, officer, agency, or unit of State or
local government or by any other person or entity, acting  in
reliance  on  or  pursuant to Title IV-A of the Environmental
Protection Act, as set forth in  Public  Act  85-1135  or  as
subsequently amended, are hereby validated.
    (f)  All otherwise lawful obligations arising out of loan
agreements  entered  into before June 30, 1999 (the effective
date of P.A. 91-52) this amendatory Act of 1999 by the  State
or  by  any  employee,  officer,  agency, or unit of State or
local government, acting in reliance on or pursuant to  Title
IV-A  of  the  Environmental  Protection Act, as set forth in
Public Act 85-1135 or as  subsequently  amended,  are  hereby
validated and affirmed.
    (g)  All   otherwise   lawful  deposits  into  the  Water
Pollution Control Revolving Fund made before  June  30,  1999
(the  effective  date  of  P.A. 91-52) this amendatory Act of
1999 in accordance with Section 4 of the Build Illinois  Bond
Act,  as  set  forth in Public Act 85-1135 or as subsequently
amended, and the use of those deposits for  the  purposes  of
Title  IV-A  of  the Environmental Protection Act, are hereby
validated.
    (h)  This amendatory Act of 1999  (P.A.  91-52)  applies,
without  limitation,  to  actions  pending  on  or  after the
effective date of this amendatory Act.
(Source: P.A. 91-52, eff. 6-30-99.)

    (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
    Sec. 21. Prohibited acts.  No person shall:
    (a)  Cause or allow the open dumping of any waste.
    (b)  Abandon, dump, or deposit any waste upon the  public
highways  or  other  public  property,  except  in a sanitary
landfill approved  by  the  Agency  pursuant  to  regulations
adopted by the Board.
    (c)  Abandon  any  vehicle in violation of the "Abandoned
Vehicles Amendment to the Illinois Vehicle Code", as  enacted
by the 76th General Assembly.
    (d)  Conduct   any   waste-storage,  waste-treatment,  or
waste-disposal operation:
         (1)  without a permit granted by the  Agency  or  in
    violation  of  any  conditions  imposed  by  such permit,
    including periodic reports and full  access  to  adequate
    records  and  the  inspection  of  facilities,  as may be
    necessary to assure compliance with  this  Act  and  with
    regulations  and  standards adopted thereunder; provided,
    however, that, except for municipal solid waste  landfill
    units  that receive waste on or after October 9, 1993, no
    permit shall be required for (i) any person conducting  a
    waste-storage,    waste-treatment,    or   waste-disposal
    operation for  wastes  generated  by  such  person's  own
    activities  which are stored, treated, or disposed within
    the site where such  wastes  are  generated,  or  (ii)  a
    facility  located  in  a  county  with  a population over
    700,000, operated and located in accordance with  Section
    22.38 of this Act, and used exclusively for the transfer,
    storage,   or   treatment   of  general  construction  or
    demolition debris;
         (2)  in violation of any  regulations  or  standards
    adopted by the Board under this Act; or
         (3)  which  receives  waste  after  August 31, 1988,
    does not have a permit issued by the Agency, and is (i) a
    landfill used  exclusively  for  the  disposal  of  waste
    generated   at  the  site,  (ii)  a  surface  impoundment
    receiving special waste not listed in  an  NPDES  permit,
    (iii)  a waste pile in which the total volume of waste is
    greater than 100 cubic yards or the waste is  stored  for
    over   one  year,  or  (iv)  a  land  treatment  facility
    receiving special waste generated at  the  site;  without
    giving  notice  of the operation to the Agency by January
    1, 1989, or 30 days after the date on which the operation
    commences,  whichever  is  later,  and  every   3   years
    thereafter.   The  form  for  such  notification shall be
    specified  by  the  Agency,  and  shall  be  limited   to
    information  regarding:  the  name  and  address  of  the
    location  of  the  operation;  the type of operation; the
    types and amounts of waste stored, treated or disposed of
    on  an  annual  basis;  the  remaining  capacity  of  the
    operation;  and  the  remaining  expected  life  of   the
    operation.
    Item  (3)  of  this subsection (d) shall not apply to any
person engaged in agricultural activity who is disposing of a
substance that constitutes solid waste, if the substance  was
acquired  for use by that person on his own property, and the
substance is disposed of on his own  property  in  accordance
with regulations or standards adopted by the Board.
    This subsection (d) shall not apply to hazardous waste.
    (e)  Dispose,  treat,  store  or  abandon  any  waste, or
transport any waste into this State for disposal,  treatment,
storage  or  abandonment,  except at a site or facility which
meets the requirements of this Act  and  of  regulations  and
standards thereunder.
    (f)  Conduct   any   hazardous  waste-storage,  hazardous
waste-treatment or hazardous waste-disposal operation:
         (1)  without a RCRA permit for the  site  issued  by
    the  Agency  under  subsection  (d) of Section 39 of this
    Act, or in violation of any  condition  imposed  by  such
    permit,  including  periodic  reports  and full access to
    adequate records and the inspection of facilities, as may
    be necessary to assure compliance with this Act and  with
    regulations and standards adopted thereunder; or
         (2)  in  violation  of  any regulations or standards
    adopted by the Board under this Act; or
         (3)  in  violation  of  any   RCRA   permit   filing
    requirement  established  under  standards adopted by the
    Board under this Act; or
         (4)  in violation of any order adopted by the  Board
    under this Act.
    Notwithstanding  the  above,  no  RCRA  permit  shall  be
required  under  this subsection or subsection (d) of Section
39 of this  Act  for  any  person  engaged  in   agricultural
activity  who  is  disposing  of  a  substance which has been
identified  as  a  hazardous  waste,  and  which   has   been
designated  by  Board  regulations  as  being subject to this
exception, if the substance was  acquired  for  use  by  that
person  on  his own property and the substance is disposed of
on  his  own  property  in  accordance  with  regulations  or
standards adopted by the Board.
    (g)  Conduct    any    hazardous     waste-transportation
operation:
         (1)  without registering with and obtaining a permit
    from  the  Agency  in accordance with the Uniform Program
    implemented under subsection (l-5) of Section 22.2; or
         (2)  in violation of any  regulations  or  standards
    adopted by the Board under this Act.
    (h)  Conduct  any  hazardous waste-recycling or hazardous
waste-reclamation  or  hazardous  waste-reuse  operation   in
violation   of   any   regulations,   standards   or   permit
requirements adopted by the Board under this Act.
    (i)  Conduct  any  process  or  engage  in  any act which
produces hazardous waste in violation of any  regulations  or
standards  adopted by the Board under subsections (a) and (c)
of Section 22.4 of this Act.
    (j)  Conduct any special waste  transportation  operation
in   violation   of  any  regulations,  standards  or  permit
requirements adopted by the Board under this  Act.   However,
sludge  from  a  water  or  sewage  treatment plant owned and
operated by a unit of local government which (1)  is  subject
to  a  sludge  management  plan  approved  by the Agency or a
permit granted by the Agency, and (2)  has  been  tested  and
determined  not  to  be  a  hazardous  waste  as  required by
applicable State and federal laws  and  regulations,  may  be
transported  in  this  State  without a special waste hauling
permit, and the preparation and carrying of a manifest  shall
not  be  required  for  such  sludge  under  the rules of the
Pollution Control Board. The unit of local  government  which
operates the treatment plant producing such sludge shall file
a semiannual report with the Agency identifying the volume of
such  sludge  transported  during  the  reporting period, the
hauler of the sludge, and the disposal sites to which it  was
transported. This subsection (j) shall not apply to hazardous
waste.
    (k)  Fail  or  refuse  to  pay any fee imposed under this
Act.
    (l)  Locate a hazardous  waste  disposal  site  above  an
active  or  inactive shaft or tunneled mine or within 2 miles
of an active fault in the  earth's  crust.   In  counties  of
population less than 225,000 no hazardous waste disposal site
shall  be  located  (1)  within  1 1/2 miles of the corporate
limits as defined on  June  30,  1978,  of  any  municipality
without   the   approval   of   the  governing  body  of  the
municipality in an official action; or (2) within  1000  feet
of  an  existing  private  well  or  the existing source of a
public water supply measured from the boundary of the  actual
active permitted site and excluding existing private wells on
the  property of the permit applicant. The provisions of this
subsection do not apply to publicly-owned sewage works or the
disposal or utilization of sludge from publicly-owned  sewage
works.
    (m)  Transfer interest in any land which has been used as
a  hazardous waste disposal site without written notification
to the Agency of the transfer and to the  transferee  of  the
conditions   imposed   by  the  Agency  upon  its  use  under
subsection (g) of Section 39.
    (n)  Use any land which has  been  used  as  a  hazardous
waste  disposal  site  except  in  compliance with conditions
imposed by the Agency under subsection (g) of Section 39.
    (o)  Conduct  a  sanitary  landfill  operation  which  is
required to have  a  permit  under  subsection  (d)  of  this
Section,  in  a  manner which results in any of the following
conditions:
         (1)  refuse in standing or flowing waters;
         (2)  leachate flows entering waters of the State;
         (3)  leachate flows exiting  the  landfill  confines
    (as  determined  by  the  boundaries  established for the
    landfill by a permit issued by the Agency);
         (4)  open burning of refuse in violation of  Section
    9 of this Act;
         (5)  uncovered  refuse  remaining  from any previous
    operating day or at the conclusion of any operating  day,
    unless authorized by permit;
         (6)  failure  to  provide  final  cover  within time
    limits established by Board regulations;
         (7)  acceptance of wastes without necessary permits;
         (8)  scavenging as defined by Board regulations;
         (9)  deposition of refuse in any unpermitted portion
    of the landfill;
         (10)  acceptance  of  a  special  waste  without   a
    required manifest;
         (11)  failure  to submit reports required by permits
    or Board regulations;
         (12)  failure to collect and contain litter from the
    site by the end of each operating day;
         (13)  failure to submit any cost  estimate  for  the
    site  or  any  performance bond or other security for the
    site as required by this Act or Board rules.
    The prohibitions specified in this subsection  (o)  shall
be   enforceable  by  the  Agency  either  by  administrative
citation under Section 31.1  of  this  Act  or  as  otherwise
provided  by  this  Act.   The  specific prohibitions in this
subsection do not limit the power of the Board  to  establish
regulations or standards applicable to sanitary landfills.
    (p)  In  violation  of  subdivision  (a) of this Section,
cause or allow the open dumping of  any  waste  in  a  manner
which results in any of the following occurrences at the dump
site:
         (1)  litter;
         (2)  scavenging;
         (3)  open burning;
         (4)  deposition  of  waste  in  standing  or flowing
    waters;
         (5)  proliferation of disease vectors;
         (6)  standing or flowing liquid discharge  from  the
    dump site;
         (7)  deposition of:
              (i)  general  construction or demolition debris
         as defined in Section 3.160(a) 3.78 of this Act; or
              (ii)  clean construction or  demolition  debris
         as defined in Section 3.160(b) 3.78a of this Act.
    The  prohibitions  specified in this subsection (p) shall
be  enforceable  by  the  Agency  either  by   administrative
citation  under  Section  31.1  of  this  Act or as otherwise
provided by this Act.   The  specific  prohibitions  in  this
subsection  do  not limit the power of the Board to establish
regulations or standards applicable to open dumping.
    (q)  Conduct  a  landscape  waste  composting   operation
without  an  Agency permit, provided, however, that no permit
shall be required for any person:
         (1)  conducting   a   landscape   waste   composting
    operation for landscape wastes generated by such person's
    own activities which are stored, treated or  disposed  of
    within the site where such wastes are generated; or
         (2)  applying landscape waste or composted landscape
    waste at agronomic rates; or
         (3)  operating a landscape waste composting facility
    on  a  farm,  if  the facility meets all of the following
    criteria:
              (A)  the composting facility is operated by the
         farmer on property on which the composting  material
         is utilized, and the composting facility constitutes
         no  more  than  2%  of the property's total acreage,
         except that the Agency may allow a higher percentage
         for individual sites where the owner or operator has
         demonstrated to the  Agency  that  the  site's  soil
         characteristics or crop needs require a higher rate;
              (B)  the   property  on  which  the  composting
         facility is located, and any associated property  on
         which  the  compost  is  used,  is  principally  and
         diligently devoted to the production of agricultural
         crops   and   is  not  owned,  leased  or  otherwise
         controlled by  any  waste  hauler  or  generator  of
         nonagricultural  compost materials, and the operator
         of the  composting  facility  is  not  an  employee,
         partner,  shareholder,  or in any way connected with
         or controlled by any such waste hauler or generator;
              (C)  all compost generated  by  the  composting
         facility  is  applied at agronomic rates and used as
         mulch,  fertilizer  or  soil  conditioner  on   land
         actually   farmed   by   the  person  operating  the
         composting facility, and the finished compost is not
         stored at the composting site for  a  period  longer
         than  18  months  prior to its application as mulch,
         fertilizer, or soil conditioner;
              (D)  the owner or operator, by January 1,  1990
         (or   the   January   1  following  commencement  of
         operation, whichever is later) and January 1 of each
         year thereafter, (i) registers  the  site  with  the
         Agency,  (ii) reports to the Agency on the volume of
         composting material received and used at  the  site,
         (iii) certifies to the Agency that the site complies
         with  the  requirements  set  forth in subparagraphs
         (A), (B) and (C) of this paragraph (q)(3), and  (iv)
         certifies to the Agency that all composting material
         was  placed  more  than  200  feet  from the nearest
         potable water supply well, was  placed  outside  the
         boundary  of  the 10-year floodplain or on a part of
         the site that is floodproofed, was placed  at  least
         1/4  mile  from  the nearest residence (other than a
         residence  located  on  the  same  property  as  the
         facility) and there are not more  than  10  occupied
         non-farm   residences   within   1/2   mile  of  the
         boundaries of the site on the date  of  application,
         and  was  placed  more  than  5 feet above the water
         table.
    For the  purposes  of  this  subsection  (q),  "agronomic
rates"  means  the  application  of not more than 20 tons per
acre per year, except that the Agency may allow a higher rate
for  individual  sites  where  the  owner  or  operator   has
demonstrated   to   the   Agency   that   the   site's   soil
characteristics or crop needs require a higher rate.
    (r)  Cause  or  allow  the  storage  or  disposal of coal
combustion waste unless:
         (1)  such waste is stored or disposed of at  a  site
    or  facility  for  which a permit has been obtained or is
    not otherwise  required  under  subsection  (d)  of  this
    Section; or
         (2)  such  waste  is stored or disposed of as a part
    of the design and reclamation of a site or facility which
    is  an  abandoned  mine  site  in  accordance  with   the
    Abandoned Mined Lands and Water Reclamation Act; or
         (3)  such  waste  is stored or disposed of at a site
    or facility which is operating under NPDES and Subtitle D
    permits issued by  the  Agency  pursuant  to  regulations
    adopted by the Board for mine-related water pollution and
    permits  issued  pursuant  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, and the owner or operator of the facility agrees
    to accept the waste; and either
              (i)  such  waste  is  stored  or disposed of in
         accordance with requirements  applicable  to  refuse
         disposal  under regulations adopted by the Board for
         mine-related water pollution and pursuant  to  NPDES
         and  Subtitle  D  permits issued by the Agency under
         such regulations; or
              (ii)  the owner or  operator  of  the  facility
         demonstrates all of the following to the Agency, and
         the  facility  is  operated  in  accordance with the
         demonstration as approved by  the  Agency:  (1)  the
         disposal  area will be covered in a manner that will
         support continuous vegetation, (2) the facility will
         be adequately protected from wind and water erosion,
         (3) the pH will  be  maintained  so  as  to  prevent
         excessive  leaching  of metal ions, and (4) adequate
         containment or other measures will  be  provided  to
         protect   surface   water   and   groundwater   from
         contamination  at levels prohibited by this Act, the
         Illinois Groundwater Protection Act, or  regulations
         adopted pursuant thereto.
    Notwithstanding  any  other  provision of this Title, the
disposal of coal combustion waste pursuant to item (2) or (3)
of this subdivision  (r)  shall  be  exempt  from  the  other
provisions   of   this   Title  V,  and  notwithstanding  the
provisions of Title X of this Act, the Agency  is  authorized
to grant experimental permits which include provision for the
disposal  of  wastes  from  the  combustion of coal and other
materials pursuant to items (2) and (3) of  this  subdivision
(r).
    (s)  After  April  1,  1989,  offer  for  transportation,
transport, deliver, receive or accept special waste for which
a  manifest  is  required, unless the manifest indicates that
the fee required under Section 22.8  of  this  Act  has  been
paid.
    (t)  Cause  or  allow  a lateral expansion of a municipal
solid waste landfill  unit  on  or  after  October  9,  1993,
without  a  permit  modification, granted by the Agency, that
authorizes the lateral expansion.
    (u)  Conduct any vegetable by-product treatment, storage,
disposal or transportation  operation  in  violation  of  any
regulation,  standards  or permit requirements adopted by the
Board under this Act. However, no permit  shall  be  required
under  this  Title  V  for  the land application of vegetable
by-products conducted pursuant to Agency permit issued  under
Title  III  of  this  Act  to  the generator of the vegetable
by-products.  In  addition,  vegetable  by-products  may   be
transported  in  this  State  without a special waste hauling
permit,  and  without  the  preparation  and  carrying  of  a
manifest.
    (v)  (Blank).
    (w)  Conduct any generation, transportation, or recycling
of construction or demolition debris, clean  or  general,  or
uncontaminated    soil    generated    during   construction,
remodeling, repair, and demolition of utilities,  structures,
and  roads that is not commingled with any waste, without the
maintenance  of   documentation   identifying   the   hauler,
generator,  place of origin of the debris or soil, the weight
or volume of the debris or soil, and the location, owner, and
operator of  the  facility  where  the  debris  or  soil  was
transferred,    disposed,   recycled,   or   treated.    This
documentation  must   be   maintained   by   the   generator,
transporter,  or  recycler  for 3 years.  This subsection (w)
shall not apply to (1) a permitted pollution control facility
that transfers or accepts construction or demolition  debris,
clean  or general, or uncontaminated soil for final disposal,
recycling, or treatment, (2) a public utility (as  that  term
is  defined  in  the  Public  Utilities  Act)  or a municipal
utility, or (3) the Illinois  Department  of  Transportation;
but  it shall apply to an entity that contracts with a public
utility, a municipal utility, or the Illinois  Department  of
Transportation.   The  terms  "generation" and "recycling" as
used in this subsection do not apply to clean construction or
demolition debris when (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, (ii) solely  broken  concrete  without  protruding
metal  bars  is  used  for  erosion  control, or (iii) milled
asphalt  or  crushed  concrete  is  used  as   aggregate   in
construction  of  the  shoulder  of  a  roadway.   The  terms
"generation"  and "recycling", as used in this subsection, do
not apply to uncontaminated soil that is not commingled  with
any  waste  when  (i)  used  as  fill material below grade or
contoured to grade, or (ii) used at the site of generation.
(Source: P.A. 90-219,  eff.  7-25-97;  90-344,  eff.  1-1-98;
90-475,  eff.  8-17-97;  90-655,  eff.  7-30-98; 90-761, eff.
8-14-98; 91-72, eff. 7-9-99.)

    (415 ILCS 5/21.3) (from Ch. 111 1/2, par. 1021.3)
    Sec. 21.3. Environmental reclamation lien.
    (a)  All costs and damages for which a person  is  liable
to the State of Illinois under Section 22.2 and Section 22.18
shall  constitute  an environmental reclamation lien in favor
of the State of Illinois upon all real property and rights to
such property which:
         (1)  belong to such person; and
         (2)  are subject to or  affected  by  a  removal  or
    remedial  action under Section 22.2 or preventive action,
    corrective action or  enforcement  action  under  Section
    22.18.
    (b)  An  environmental  reclamation  lien  shall continue
until the liability for the costs and damages, or a  judgment
against   the  person  arising  out  of  such  liability,  is
satisfied.
    (c)  An environmental reclamation lien shall be effective
upon the filing by the Agency of a  Notice  of  Environmental
Reclamation Lien with the recorder or the registrar of titles
of  the  county  in which the real property lies.  The Agency
shall not file an environmental reclamation lien, and no such
lien shall be  valid,  unless  the  Agency  has  sent  notice
pursuant to subsection (q) or (v) of Section 4 of this Act to
owners  of  the real property.  Nothing in this Section shall
be construed to give the Agency's lien a preference over  the
rights  of  any  bona  fide  purchaser  or mortgagee or other
lienholder (not including the United States when  holding  an
unfiled  lien)  arising  prior  to  the filing of a notice of
environmental reclamation lien in the office of the  recorder
or  registrar  of  titles of the county in which the property
subject to  the  lien  is  located.   For  purposes  of  this
Section,  the term "bona fide" shall not include any mortgage
of real or personal property or any other credit  transaction
that  results  in the mortgagee or the holder of the security
acting as trustee  for  unsecured  creditors  of  the  liable
person  mentioned  in  the  notice  of lien who executed such
chattel or real property mortgage or the document  evidencing
such  credit transaction.  Such lien shall be inferior to the
lien of general taxes, special assessments and special  taxes
heretofore  or  hereafter levied by any political subdivision
of this State.
    (d)  The environmental reclamation lien shall not  exceed
the  amount  of  expenditures as itemized on the Affidavit of
Expenditures  attached  to  and  filed  with  the  Notice  of
Environmental   Reclamation   Lien.    The    Affidavit    of
Expenditures  may  be  amended if additional costs or damages
are incurred.
    (e)  Upon  filing  of   the   Notice   of   Environmental
Reclamation Lien a copy with attachments shall be served upon
the  owners  of  the  real  property.  Notice of such service
shall be served on all lienholders of record as of  the  date
of filing.
    (f)  Within  120  days  after  the effective date of this
Section or  within  60  days  after  initiating  response  or
remedial  action at the site under Section 22.2 or 22.18, the
Agency shall file a Notice of Response  Action  in  Progress.
The  Notice  shall be filed with the recorder or registrar of
titles of the county in which the real property lies.
    (g)  In addition to any other remedy provided by the laws
of this State, the Agency may foreclose in the circuit  court
an  environmental  reclamation  lien on real property for any
costs or damages imposed under Section 22.2 or Section  22.18
to  the  same  extent  and  in  the  same  manner  as  in the
enforcement  of  other  liens.   The  process,  practice  and
procedure for such foreclosure shall be the same as  provided
in  Article  XV  of  the Code of Civil Procedure.  Nothing in
this Section shall affect the right of the State of  Illinois
to  bring  an  action against any person to recover all costs
and damages for which such person  is  liable  under  Section
22.2 or Section 22.18.
    (h)  Any  liability  to  the  State under Section 22.2 or
Section 22.18 shall constitute a debt to the State.  Interest
on such debt shall begin to accrue at a rate of 12% per annum
from the date of the filing of the  Notice  of  Environmental
Reclamation Lien under paragraph (c).  Accrued interest shall
be included as a cost incurred by the State of Illinois under
Section 22.2 or Section 22.18.
    (i)  "Environmental   reclamation   lien"  means  a  lien
established under this Section.
(Source: P.A. 90-655, eff. 7-30-98.)

    (415 ILCS 5/21.5) (from Ch. 111 1/2, par. 1021.5)
    Sec. 21.5. Toxic packaging reduction.
    (a)  For the purposes  of  this  Section,  the  following
terms have the meanings ascribed to them in this subsection:
         "Distributor" means any person, firm, or corporation
    that takes title to goods purchased for resale.
         "Package" means a container providing a direct means
    of  marketing,  protecting,  or  handling  a product, and
    includes a product unit package, an intermediate package,
    or  a  shipping  container  as  defined  by  ASTM   D996.
    "Package"  shall  also  include  such  unsealed  consumer
    product  receptacles  as  carrying  cases,  crates, cups,
    pails, rigid foil and other trays, wrappers and  wrapping
    films, bags, and tubs.
         "Packaging component" means any individual assembled
    part  of  a  package  including,  but not limited to, any
    interior  or  exterior  blocking,  bracing,   cushioning,
    weatherproofing,  coatings,  closure,  ink, and labeling;
    except that coatings shall not include a thin  tin  layer
    applied to base steel or sheet steel during manufacturing
    of the steel or package.
    (b)  Beginning  July  1,  1994,  no  package or packaging
component may be offered for sale or promotional purposes  in
this  State,  by  its  manufacturer  or  distributor,  if the
package itself or any packaging component includes  any  ink,
dye,  pigment,  adhesive,  stabilizer, or other additive that
contains lead, cadmium, mercury or hexavalent  chromium  that
has  been  intentionally  introduced  during manufacturing or
distribution.
    (c)  Beginning July 1, 1994, no product  may  be  offered
for  sale  or  for  promotional purposes in this State by its
manufacturer or distributor in Illinois  in  a  package  that
includes,  in  the  package itself or in any of its packaging
components, any ink, dye, pigment, adhesive,  stabilizer,  or
other  additive  that  contains  lead,  cadmium,  mercury  or
hexavalent  chromium  that  has been intentionally introduced
during manufacturing or distribution.
    (d)  No package or packaging component, and no product in
a package, may be offered for sale or promotional purposes in
this State if the sum of the concentration  levels  of  lead,
cadmium,  mercury,  or  hexavalent  chromium  present  in the
package  or  packaging  component,  but   not   intentionally
introduced  by  the  manufacturer or distributor, exceeds the
following limits:
         (1)  600  parts  per  million  by   weight   (0.06%)
    beginning July 1, 1994.
         (2)  250   parts  per  million  by  weight  (0.025%)
    beginning July 1, 1995.
         (3)  100  parts  per  million  by   weight   (0.01%)
    beginning July 1, 1996.
    (e)  The  following packages and packaging components are
not subject to this Section:
         (1)  Those packages or packaging components  with  a
    code  indicating  a  date  of  manufacture before July 1,
    1994.
         (2)  Those  packages  or  packaging  components  for
    which an exemption has been granted by the  Agency  under
    subsection (f).
         (3)  Until  July  1,  1998,  packages  and packaging
    components that would not exceed the maximum  contaminant
    levels  set  forth  in subsection (d) of this Section but
    for the addition of post consumer materials.
         (4)  Those packages or packaging components used  to
    contain  wine or distilled spirits that have been bottled
    before July 1, 1994.
         (5)  Packaging components, including but not limited
    to strapping,  seals,  fasteners,  and  other  industrial
    packaging  components intended to protect, secure, close,
    unitize or provide pilferage protection for  any  product
    destined for commercial use.
         (6)  Those    packages    used    in   transporting,
    protecting, safe handling or functioning of  radiographic
    film.
    (f)  The   Agency   may   grant  an  exemption  from  the
requirements of this  Section  for  a  package  or  packaging
component  to  which  lead,  cadmium,  mercury, or hexavalent
chromium  has  been  added  in  the  manufacturing,  forming,
printing, or distribution process in  order  to  comply  with
health or safety requirements of federal law or because there
is  not  a  feasible  alternative.  These exemptions shall be
granted, upon application of the manufacturer of the  package
or  packaging  component,  for  a  period  of 2 years and are
renewable for periods of 2 years.  If  the  Agency  denies  a
request  for  exemption,  or  fails to take final action on a
request within 180 days, the applicant may seek  review  from
the  Board  in  the  same  manner  as in the case of a permit
denial. Any other party to the  Agency  proceeding  may  seek
review  in  the  manner provided in subsection (c) of Section
40.
    For the purposes of this  subsection,  a  use  for  which
there  is  no  feasible  alternative  is  one  in  which  the
regulated  substance  is  essential  to  the protection, safe
handling, or function of the package's contents.
    The Agency may  enter  into  reciprocal  agreements  with
other  states that have adopted similar restrictions on toxic
packaging and may accept  exemptions  to  those  restrictions
granted  by  such  states.   Prior to taking such action, the
Agency shall provide for public notice in  the  Environmental
Register and for a 30-day comment period.
    (g)  Beginning  July 1, 1994, a certificate of compliance
stating  that  a  package  or  packaging  component   is   in
compliance  with  the  requirements  of this Section shall be
furnished by its manufacturer or supplier to its distributor,
or shall be maintained by the manufacturer in Illinois if the
manufacturer  is  also  the  distributor.  If  compliance  is
achieved only under the  exemption  provided  in  subdivision
(e)(2)  or  (e)(3),  the certificate shall state the specific
basis upon which the exemption is claimed. The certificate of
compliance shall be signed by an authorized official  of  the
manufacturer  or  supplier.  The  certificate  can be for the
entire class, type, or category of packaging or a  particular
product  regulated under this Act, and a certificate need not
be  provided  or  maintained  for  each  individual  package,
packaging  component,  or  packaging  for  a   product.   The
manufacturer  or  distributor  in  Illinois  shall retain the
certificate of compliance for  as  long  as  the  package  or
packaging  component  is in use. A copy of the certificate of
compliance shall be kept  on  file  by  the  manufacturer  or
supplier  of the package or packaging component. Certificates
of compliance, or copies thereof, shall be furnished  to  the
Agency  upon  its  request  and  to  members of the public in
accordance with subsection (i).
    If  the  manufacturer  or  supplier  of  the  package  or
packaging component reformulates or creates a new package  or
packaging  component,  the  manufacturer  or  supplier  shall
provide  an  amended or new certificate of compliance for the
reformulated or new package or packaging component.
    (h)  (Blank.) The Agency shall review  the  effectiveness
of  this  Section  no  later  than January 1, 1996, and shall
provide a report based upon that review to the  Governor  and
the   General   Assembly.    The   report   shall  contain  a
recommendation whether to continue  the  recycling  exemption
provided   in  subdivision  (e)(3)  of  this  Section  and  a
description of the nature of the substitutes used in lieu  of
lead, mercury, cadmium, and hexavalent chromium.
    (i)  Any  request  from  a  member  of the public for any
certificate of compliance from the manufacturer  or  supplier
of a package or packaging component shall be:
         (1)  made  in  writing and transmitted by registered
    mail with a copy provided to the Agency;
         (2)  specific  as  to  the  package   or   packaging
    component information requested; and
         (3)  responded  to  by  the manufacturer or supplier
    within 60 days.
    (j)  The provisions of this Section shall  not  apply  to
any  glass  or  ceramic  product  used  as  packaging that is
intended to be reusable or refillable, and where the lead and
cadmium  from  the  product  do  not  exceed   the   Toxicity
Characteristic  Leachability  Procedures  of  leachability of
lead and cadmium as  set  forth  by  the  U.S.  Environmental
Protection Agency.
(Source: P.A. 89-79, eff. 6-30-95.)

    (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
    Sec. 22.2. Hazardous waste; fees; liability.
    (a)  There are hereby created within the State Treasury 2
special  funds  to  be  known  respectively as the "Hazardous
Waste  Fund"  and  the  "Hazardous  Waste   Research   Fund",
constituted from the fees collected pursuant to this Section.
In  addition  to  the  fees collected under this Section, the
Hazardous  Waste  Fund  shall  include  other   moneys   made
available from any source for deposit into the Fund.
    (b) (1)  On  and  after January 1, 1989, the Agency shall
    collect from  the  owner  or  operator  of  each  of  the
    following sites a fee in the amount of:
              (A)  6  cents  per  gallon  or $12.12 per cubic
         yard of hazardous waste disposed for 1989, 7.5 cents
         per gallon or $15.15 per cubic yard for 1990  and  9
         cents   per   gallon   or   $18.18  per  cubic  yard
         thereafter, if the hazardous waste disposal site  is
         located  off the site where such waste was produced.
         The maximum amount payable  under  this  subdivision
         (A) with respect to the hazardous waste generated by
         a  single  generator  and  deposited in monofills is
         $20,000 for 1989, $25,000 for 1990, and $30,000  per
         year  thereafter.   If,  as  a  result of the use of
         multiple monofills, waste  fees  in  excess  of  the
         maximum  are assessed with respect to a single waste
         generator, the generator may apply to the Agency for
         a credit.
              (B)  6 cents per gallon  or  $12.12  per  cubic
         yard of hazardous waste disposed for 1989, 7.5 cents
         per  gallon  or $15.15 per cubic yard for 1990 and 9
         cents or $18.18 per cubic yard  thereafter,  if  the
         hazardous waste disposal site is located on the site
         where  such waste was produced, provided however the
         maximum amount of fees payable under this  paragraph
         (B)  is  $20,000  for  1989,  $25,000  for  1990 and
         $30,000 per year thereafter for each such  hazardous
         waste disposal site.
              (C)  If the hazardous waste disposal site is an
         underground  injection  well, $6,000 per year if not
         more than 10,000,000 gallons per year are  injected,
         $15,000 per year if more than 10,000,000 gallons but
         not  more  than  50,000,000  gallons  per  year  are
         injected,   and   $27,000  per  year  if  more  than
         50,000,000 gallons per year are injected.
              (D)  2 cents per gallon or $4.04 per cubic yard
         for 1989, 2.5 cents per gallon or  $5.05  per  cubic
         yard  for  1990, and 3 cents per gallon or $6.06 per
         cubic yard thereafter of  hazardous  waste  received
         for  treatment  at a hazardous waste treatment site,
         if the hazardous waste treatment site is located off
         the site where such waste was produced and  if  such
         hazardous  waste treatment site is owned, controlled
         and operated by a person other than the generator of
         such waste.  After treatment at such hazardous waste
         treatment site, the waste shall not  be  subject  to
         any  other  fee imposed by this subsection (b).  For
         purposes  of   this   subsection   (b),   the   term
         "treatment"  is defined as in Section 3.505 3.49 but
         shall not include recycling, reclamation or reuse.
         (2)  The General Assembly shall annually appropriate
    to the Fund such amounts as it deems necessary to fulfill
    the purposes of this Act.
         (3)  The Agency shall have the authority to  accept,
    receive, and administer on behalf of the State any moneys
    made  available  to  the  State  from  any source for the
    purposes  of  the  Hazardous  Waste  Fund  set  forth  in
    subsection (d) of this Section.
         (4)  Of the amount collected as fees provided for in
    this Section, the Agency shall manage  the  use  of  such
    funds  to  assure that sufficient funds are available for
    match towards federal expenditures for response action at
    sites which are listed on the National  Priorities  List;
    provided,   however,   that   this  shall  not  apply  to
    additional monies appropriated to the Fund by the General
    Assembly, nor shall  it  apply  in  the  event  that  the
    Director  finds that revenues in the Hazardous Waste Fund
    must be used to address conditions which  create  or  may
    create  an  immediate danger to the environment or public
    health or to the welfare of the people of  the  State  of
    Illinois.
         (5)  Notwithstanding  the  other  provisions of this
    subsection (b), sludge from a publicly-owned sewage works
    generated in Illinois,  coal  mining  wastes  and  refuse
    generated in Illinois, bottom boiler ash, flyash and flue
    gas  desulphurization sludge from public utility electric
    generating facilities located  in  Illinois,  and  bottom
    boiler ash and flyash from all incinerators which process
    solely municipal waste shall not be subject to the fee.
         (6)  For   the  purposes  of  this  subsection  (b),
    "monofill" means a facility, or a  unit  at  a  facility,
    that accepts only wastes bearing the same USEPA hazardous
    waste  identification  number,  or  compatible  wastes as
    determined by the Agency.
    (c)  The Agency shall  establish  procedures,  not  later
than  January 1, 1984, relating to the collection of the fees
authorized by this Section. Such  procedures  shall  include,
but  not be limited to: (1) necessary records identifying the
quantities of hazardous waste received or disposed;  (2)  the
form  and  submission  of reports to accompany the payment of
fees to the Agency; and (3) the time and manner of payment of
fees to the Agency, which payments shall be  not  more  often
than quarterly.
    (d)  Beginning July 1, 1996, the Agency shall deposit all
such  receipts  in  the  State  Treasury to the credit of the
Hazardous Waste Fund, except as provided in subsection (e) of
this Section. All monies in the Hazardous Waste Fund shall be
used by the Agency for the following purposes:
         (1)  Taking whatever preventive or corrective action
    is necessary or appropriate, in  circumstances  certified
    by  the Director, including but not limited to removal or
    remedial  action  whenever  there   is   a   release   or
    substantial  threat of a release of a hazardous substance
    or pesticide; provided, the Agency shall expend  no  more
    than   $1,000,000   on   any   single   incident  without
    appropriation by the General Assembly.
         (2)  To meet any requirements which must be  met  by
    the  State  in  order to obtain federal funds pursuant to
    the Comprehensive  Environmental  Response,  Compensation
    and Liability Act of 1980, (P.L. 96-510).
         (3)  In  an amount up to 30% of the amount collected
    as fees provided for in this  Section,  for  use  by  the
    Agency  to  conduct  groundwater  protection  activities,
    including  providing grants to appropriate units of local
    government which are addressing protection of underground
    waters pursuant to the provisions of this Act.
         (4)  To fund the development and  implementation  of
    the model pesticide collection program under Section 19.1
    of the Illinois Pesticide Act.
         (5)  To  the  extent  the  Agency  has  received and
    deposited monies in the Fund other  than  fees  collected
    under subsection (b) of this Section, to pay for the cost
    of  Agency  employees  for services provided in reviewing
    the performance of response  actions  pursuant  to  Title
    XVII of this Act.
         (6)  In  an  amount  up to 15% of the fees collected
    annually under subsection (b) of this Section, for use by
    the Agency for administration of the provisions  of  this
    Section.
    (e)  The   Agency  shall  deposit  10%  of  all  receipts
collected under subsection (b) of this Section,  but  not  to
exceed $200,000 per year, in the State Treasury to the credit
of the Hazardous Waste Research Fund established by this Act.
Pursuant  to  appropriation, all monies in such Fund shall be
used by the Department of Natural Resources for the  purposes
set forth in this subsection.
    The  Department  of  Natural  Resources  may  enter  into
contracts with business, industrial, university, governmental
or  other qualified individuals or organizations to assist in
the research and development intended to recycle, reduce  the
volume   of,  separate,  detoxify  or  reduce  the  hazardous
properties of hazardous wastes in Illinois.   Monies  in  the
Fund  may also be used by the Department of Natural Resources
for technical studies, monitoring activities, and educational
and research activities which are related to  the  protection
of   underground  waters.   Monies  in  the  Hazardous  Waste
Research Fund may be used to administer the  Illinois  Health
and   Hazardous  Substances  Registry  Act.   Monies  in  the
Hazardous Waste Research Fund  shall  not  be  used  for  any
sanitary  landfill  or the acquisition or construction of any
facility.  This does not preclude the purchase  of  equipment
for  the  purpose  of  public  demonstration  projects.   The
Department  of  Natural  Resources shall adopt guidelines for
cost sharing, selecting,  and  administering  projects  under
this subsection.
    (f)  Notwithstanding  any other provision or rule of law,
and subject only to the defenses set forth in subsection  (j)
of  this  Section,  the following persons shall be liable for
all costs of removal or remedial action incurred by the State
of Illinois or any unit of local government as a result of  a
release  or  substantial  threat  of a release of a hazardous
substance or pesticide:
         (1)  the owner and operator of a facility or  vessel
    from  which  there  is a release or substantial threat of
    release of a hazardous substance or pesticide;
         (2)  any  person  who  at  the  time  of   disposal,
    transport,  storage or treatment of a hazardous substance
    or pesticide owned or operated  the  facility  or  vessel
    used  for  such disposal, transport, treatment or storage
    from which there was a release or substantial threat of a
    release of any such hazardous substance or pesticide;
         (3)  any  person  who  by  contract,  agreement,  or
    otherwise has arranged with another party or  entity  for
    transport,  storage,  disposal  or treatment of hazardous
    substances or pesticides owned, controlled  or  possessed
    by such person at a facility owned or operated by another
    party or entity from which facility there is a release or
    substantial   threat  of  a  release  of  such  hazardous
    substances or pesticides; and
         (4)  any  person  who  accepts   or   accepted   any
    hazardous  substances  or  pesticides  for  transport  to
    disposal,  storage  or treatment facilities or sites from
    which there is a release or a  substantial  threat  of  a
    release of a hazardous substance or pesticide.
    Any  monies received by the State of Illinois pursuant to
this subsection (f) shall be deposited in the State  Treasury
to the credit of the Hazardous Waste Fund.
    In  accordance with the other provisions of this Section,
costs of removal or remedial action incurred  by  a  unit  of
local  government  may  be  recovered in an action before the
Board  brought  by  the  unit  of  local   government   under
subsection  (i)  of  this  Section.   Any monies so recovered
shall be paid to the unit of local government.
    (g)(1)  No indemnification,  hold  harmless,  or  similar
    agreement  or  conveyance  shall be effective to transfer
    from the owner or operator of any vessel or  facility  or
    from  any  person  who  may  be  liable  for a release or
    substantial threat of a release under  this  Section,  to
    any   other  person  the  liability  imposed  under  this
    Section.  Nothing in this Section shall bar any agreement
    to insure, hold harmless or indemnify  a  party  to  such
    agreements for any liability under this Section.
         (2)  Nothing   in   this   Section,   including  the
    provisions of paragraph (g)(1) of this Section, shall bar
    a cause of action that an owner or operator or any  other
    person  subject  to  liability  under  this Section, or a
    guarantor, has or would have, by reason of subrogation or
    otherwise against any person.
    (h)  For purposes of this Section:
         (1)  The term "facility" means:
              (A)  any  building,  structure,   installation,
         equipment,   pipe  or  pipeline  including  but  not
         limited to any pipe into a sewer or  publicly  owned
         treatment    works,   well,   pit,   pond,   lagoon,
         impoundment,  ditch,  landfill,  storage  container,
         motor vehicle, rolling stock, or aircraft; or
              (B)  any  site  or  area  where   a   hazardous
         substance  has  been deposited, stored, disposed of,
         placed, or otherwise come to be located.
         (2)  The term "owner or operator" means:
              (A)  any person owning or operating a vessel or
         facility;
              (B)  in the case of an abandoned facility,  any
         person owning or operating the abandoned facility or
         any   person   who  owned,  operated,  or  otherwise
         controlled  activities  at  the  abandoned  facility
         immediately prior to such abandonment;
              (C)  in the case of a land trust as defined  in
         Section  2 of the Land Trustee as Creditor Act,  the
         person owning the beneficial interest  in  the  land
         trust;
              (D)  in  the  case of a fiduciary (other than a
         land trustee), the estate, trust  estate,  or  other
         interest  in  property held in a fiduciary capacity,
         and not the fiduciary.  For  the  purposes  of  this
         Section,  "fiduciary"  means  a  trustee,  executor,
         administrator,  guardian,  receiver,  conservator or
         other person holding  a  facility  or  vessel  in  a
         fiduciary capacity;
              (E)  in  the case of a "financial institution",
         meaning the Illinois Housing  Development  Authority
         and  that  term  as  defined  in  Section  2  of the
         Illinois Banking Act, that has  acquired  ownership,
         operation,  management,  or  control  of a vessel or
         facility through foreclosure or under the terms of a
         security interest held by the financial  institution
         or under the terms of an extension of credit made by
         the financial institution, the financial institution
         only  if  the financial institution takes possession
         of  the  vessel  or  facility  and   the   financial
         institution  exercises actual, direct, and continual
         or recurrent managerial control in the operation  of
         the  vessel  or  facility  that  causes a release or
         substantial threat  of  a  release  of  a  hazardous
         substance  or  pesticide  resulting  in  removal  or
         remedial action;
              (F)  In  the  case  of  an owner of residential
         property, the owner if the owner is a  person  other
         than an individual, or if the owner is an individual
         who owns more than 10 dwelling units in Illinois, or
         if   the   owner,   or   an  agent,  representative,
         contractor, or employee of the  owner,  has  caused,
         contributed to, or allowed the release or threatened
         release  of  a hazardous substance or pesticide. The
         term  "residential  property"  means  single  family
         residences of one to  4  dwelling  units,  including
         accessory    land,    buildings,   or   improvements
         incidental to those dwellings that  are  exclusively
         used  for  the residential use. For purposes of this
         subparagraph (F),  the  term  "individual"  means  a
         natural  person, and shall not include corporations,
         partnerships, trusts, or other non-natural persons.
              (G)  In the case  of  any  facility,  title  or
         control  of  which  was  conveyed due to bankruptcy,
         foreclosure,  tax   delinquency,   abandonment,   or
         similar   means   to   a  unit  of  State  or  local
         government,  any  person  who  owned,  operated,  or
         otherwise  controlled  activities  at  the  facility
         immediately beforehand.
              (H)  The term  "owner  or  operator"  does  not
         include  a  unit  of State or local government which
         acquired ownership or  control  through  bankruptcy,
         tax delinquency, abandonment, or other circumstances
         in  which the government acquires title by virtue of
         its function as sovereign.  The  exclusion  provided
         under this paragraph shall not apply to any State or
         local  government which has caused or contributed to
         the release or threatened  release  of  a  hazardous
         substance  from  the  facility,  and such a State or
         local government shall be subject to the  provisions
         of  this  Act  in  the  same  manner and to the same
         extent, both procedurally and substantively, as  any
         nongovernmental  entity,  including  liability under
         Section 22.2(f).
    (i)  The costs and damages provided for in  this  Section
may  be  imposed by the Board in an action brought before the
Board in accordance with Title VIII of this Act, except  that
Section 33(c) of this Act shall not apply to any such action.
    (j) (1)  There  shall  be no liability under this Section
for  a  person  otherwise  liable  who  can  establish  by  a
preponderance of the evidence that the release or substantial
threat of release of a hazardous substance  and  the  damages
resulting therefrom were caused solely by:
         (A)  an act of God;
         (B)  an act of war;
         (C)  an  act or omission of a third party other than
    an employee or agent of the defendant, or other than  one
    whose  act  or  omission  occurs  in  connection  with  a
    contractual    relationship,    existing    directly   or
    indirectly, with the defendant  (except  where  the  sole
    contractual  arrangement  arises  from a published tariff
    and acceptance for carriage by a common carrier by rail),
    if the defendant establishes by a  preponderance  of  the
    evidence  that  (i) he exercised due care with respect to
    the   hazardous   substance   concerned,   taking    into
    consideration   the  characteristics  of  such  hazardous
    substance,  in  light   of   all   relevant   facts   and
    circumstances,  and  (ii)  he  took  precautions  against
    foreseeable acts or omissions of any such third party and
    the  consequences that could foreseeably result from such
    acts or omissions; or
         (D)  any combination of the foregoing paragraphs.
    (2)  There shall be no liability under this  Section  for
any release permitted by State or federal law.
    (3)  There  shall  be no liability under this Section for
damages as a result of actions taken or omitted in the course
of rendering care, assistance, or advice in  accordance  with
this Section or the National Contingency Plan pursuant to the
Comprehensive   Environmental   Response,   Compensation  and
Liability Act of 1980 (P.L. 96-510) or at the direction of an
on-scene coordinator appointed under such plan, with  respect
to  an incident creating a danger to public health or welfare
or the environment as a result of any release of a  hazardous
substance  or  a substantial threat thereof.  This subsection
shall not preclude liability for damages  as  the  result  of
gross  negligence  or  intentional  misconduct on the part of
such person.  For the purposes  of  the  preceding  sentence,
reckless,  willful,  or  wanton  misconduct  shall constitute
gross negligence.
    (4)  There shall be no liability under this  Section  for
any  person  (including,  but  not  limited  to,  an owner of
residential  property  who  applies  a   pesticide   to   the
residential  property  or  who  has  another  person  apply a
pesticide to the residential property) for response costs  or
damages  as  the  result of the storage, handling and use, or
recommendation for storage, handling and use, of a  pesticide
consistent with:
         (A)  its directions for storage, handling and use as
    stated in its label or labeling;
         (B)  its  warnings  and  cautions  as  stated in its
    label or labeling; and
         (C)  the uses for which it is registered  under  the
    Federal  Insecticide,  Fungicide  and Rodenticide Act and
    the Illinois Pesticide Act.
    (4.5)  There shall  be  no  liability  under  subdivision
(f)(1)  of  this Section for response costs or damages as the
result of a release  of  a  pesticide  from  an  agrichemical
facility  site  if  the  Agency  has received notice from the
Department of Agriculture pursuant to  Section  19.3  of  the
Illinois   Pesticide  Act,  the  owner  or  operator  of  the
agrichemical facility is proceeding with a corrective  action
plan  under the Agrichemical Facility Response Action Program
implemented under that Section, and the Agency has provided a
written endorsement of a corrective action plan.
    (4.6)  There shall  be  no  liability  under  subdivision
(f)(1)  of  this Section for response costs or damages as the
result of a substantial threat of a release  of  a  pesticide
from an agrichemical facility site if the Agency has received
notice from the Department of Agriculture pursuant to Section
19.3  of the Illinois Pesticide Act and the owner or operator
of the agrichemical facility is proceeding with a  corrective
action  plan  under the Agrichemical Facility Response Action
Program implemented under that Section.
    (5)  Nothing in  this  subsection  (j)  shall  affect  or
modify  in any way the obligations or liability of any person
under any other provision of this Act  or  State  or  federal
law,  including  common  law,  for  damages,  injury, or loss
resulting from a release or substantial threat of  a  release
of  any hazardous substance or for removal or remedial action
or the costs of removal or remedial action of such  hazardous
substance.
    (6)(A)  The  term  "contractual  relationship",  for  the
purpose  of  this subsection includes, but is not limited to,
land contracts, deeds or other instruments transferring title
or possession, unless the real property on which the facility
concerned is located was acquired by the defendant after  the
disposal  or  placement of the hazardous substance on, in, or
at the  facility,  and  one  or  more  of  the  circumstances
described  in clause (i), (ii), or (iii) of this paragraph is
also established by the defendant by a preponderance  of  the
evidence:
         (i)  At the time the defendant acquired the facility
    the defendant did not know and had no reason to know that
    any  hazardous  substance  which  is  the  subject of the
    release or threatened release was disposed of on,  in  or
    at the facility.
         (ii)  The  defendant  is  a  government entity which
    acquired the facility by escheat, or  through  any  other
    involuntary  transfer  or  acquisition,  or  through  the
    exercise  of  eminent  domain  authority  by  purchase or
    condemnation.
         (iii)  The  defendant  acquired  the   facility   by
    inheritance or bequest.
    In  addition to establishing the foregoing, the defendant
must establish that he  has  satisfied  the  requirements  of
subparagraph (C) of paragraph (l) of this subsection (j).
    (B)  To establish the defendant had no reason to know, as
provided in clause (i) of subparagraph (A) of this paragraph,
the   defendant   must   have  undertaken,  at  the  time  of
acquisition,  all  appropriate  inquiry  into  the   previous
ownership  and  uses  of  the  property  consistent with good
commercial or customary practice in  an  effort  to  minimize
liability.  For purposes of the preceding sentence, the court
shall   take   into  account  any  specialized  knowledge  or
experience on the part of the defendant, the relationship  of
the   purchase   price  to  the  value  of  the  property  if
uncontaminated, commonly known  or  reasonably  ascertainable
information  about  the  property,  the  obviousness  of  the
presence or likely presence of contamination at the property,
and  the  ability to detect such contamination by appropriate
inspection.
    (C)  Nothing in this paragraph (6) or in subparagraph (C)
of paragraph  (1)  of  this  subsection  shall  diminish  the
liability  of any previous owner or operator of such facility
who would otherwise be liable under this Act. Notwithstanding
this  paragraph  (6),  if  the  defendant   obtained   actual
knowledge of the release or threatened release of a hazardous
substance  at such facility when the defendant owned the real
property and then subsequently transferred ownership  of  the
property to another person without disclosing such knowledge,
such  defendant  shall  be treated as liable under subsection
(f) of this Section and no defense under subparagraph (C)  of
paragraph  (1)  of this subsection shall be available to such
defendant.
    (D)  Nothing in  this  paragraph  (6)  shall  affect  the
liability  under  this  Act of a defendant who, by any act or
omission, caused or contributed to the release or  threatened
release  of a hazardous substance which is the subject of the
action relating to the facility.
    (E) (i)  Except  as  provided  in  clause  (ii)  of  this
subparagraph (E), a defendant who has acquired real  property
shall  have  established a rebuttable presumption against all
State claims and a conclusive presumption against all private
party claims that the  defendant  has  made  all  appropriate
inquiry  within  the  meaning  of  subdivision (6)(B) of this
subsection (j) if the defendant proves that immediately prior
to or at the time of the acquisition:
         (I)  the defendant obtained a Phase I  Environmental
    Audit  of  the  real  property  that meets or exceeds the
    requirements of this subparagraph (E), and  the  Phase  I
    Environmental  Audit  did  not  disclose  the presence or
    likely presence of a release or a substantial threat of a
    release of a hazardous substance or pesticide at, on, to,
    or from the real property; or
         (II)  the   defendant   obtained    a    Phase    II
    Environmental  Audit  of  the real property that meets or
    exceeds the requirements of this  subparagraph  (E),  and
    the  Phase  II  Environmental  Audit did not disclose the
    presence or likely presence of a release or a substantial
    threat of a release of a hazardous substance or pesticide
    at, on, to, or from the real property.
    (ii)  No presumption shall be created under clause (i) of
this subparagraph (E), and a  defendant  shall  be  precluded
from   demonstrating   that   the   defendant  has  made  all
appropriate inquiry within the meaning of subdivision  (6)(B)
of this subsection (j), if:
         (I)  the defendant fails to obtain all Environmental
    Audits  required  under this subparagraph (E) or any such
    Environmental  Audit  fails  to  meet   or   exceed   the
    requirements of this subparagraph (E);
         (II)  a  Phase  I  Environmental Audit discloses the
    presence or likely presence of a release or a substantial
    threat of a release of a hazardous substance or pesticide
    at, on, to, or from  real  property,  and  the  defendant
    fails to obtain a Phase II Environmental Audit;
         (III)  a  Phase II Environmental Audit discloses the
    presence or likely presence of a release or a substantial
    threat of a release of a hazardous substance or pesticide
    at, on, to, or from the real property;
         (IV)  the defendant  fails  to  maintain  a  written
    compilation   and   explanatory  summary  report  of  the
    information reviewed in the course of each  Environmental
    Audit under this subparagraph (E); or
         (V)  there   is  any  evidence  of  fraud,  material
    concealment,  or  material   misrepresentation   by   the
    defendant  of  environmental  conditions  or  of  related
    information   discovered   during   the   course   of  an
    Environmental Audit.
    (iii)  For purposes of this subparagraph  (E),  the  term
"environmental  professional" means an individual (other than
a  practicing  attorney)  who,  through  academic   training,
occupational  experience,  and reputation (such as engineers,
industrial hygienists, or geologists) can objectively conduct
one or more aspects of an Environmental Audit and who either:
         (I)  maintains at  the  time  of  the  Environmental
    Audit  and  for  at  least  one  year thereafter at least
    $500,000  of  environmental   consultants'   professional
    liability  insurance  coverage  issued  by  an  insurance
    company licensed to do business in Illinois; or
         (II)  is  an Illinois licensed professional engineer
    or an Illinois licensed industrial hygienist.
    An environmental professional may employ persons who  are
not  environmental professionals to assist in the preparation
of an Environmental Audit  if  such  persons  are  under  the
direct   supervision   and   control   of  the  environmental
professional.
    (iv)  For purposes of this  subparagraph  (E),  the  term
"real property" means any interest in any parcel of land, and
shall  not  be  limited  to  the definition of the term "real
property" contained in the Responsible Property Transfer  Act
of  1988.   For  purposes  of this subparagraph (E), the term
"real property" includes, but is not limited  to,  buildings,
fixtures, and improvements.
    (v)  For  purposes  of  this  subparagraph  (E), the term
"Phase I Environmental Audit" means an investigation of  real
property,   conducted   by  environmental  professionals,  to
discover the presence or likely presence of a  release  or  a
substantial  threat  of a release of a hazardous substance or
pesticide at, on, to, or from real property,  and  whether  a
release  or  a substantial threat of a release of a hazardous
substance or pesticide has occurred or may occur at, on,  to,
or from the real property.  The investigation shall include a
review   of  at  least  each  of  the  following  sources  of
information concerning the current and previous ownership and
use of the real property:
         (I)  Recorded chain of title documents regarding the
    real property, including all  deeds,  easements,  leases,
    restrictions, and covenants for a period of 50 years.
         (II)  Aerial photographs that may reflect prior uses
    of  the  real property and that are reasonably obtainable
    through State, federal, or local government  agencies  or
    bodies.
         (III)  Recorded environmental cleanup liens, if any,
    against  the  real  property that have arisen pursuant to
    this Act or federal statutes.
         (IV)  Reasonably  obtainable  State,  federal,   and
    local  government  records of sites or facilities at, on,
    or near the real property to  discover  the  presence  or
    likely  presence  of  a hazardous substance or pesticide,
    and whether a  release  or  a  substantial  threat  of  a
    release   of  a  hazardous  substance  or  pesticide  has
    occurred or may occur  at,  on,  to,  or  from  the  real
    property.  Such government records shall include, but not
    be limited to:  reasonably obtainable State, federal, and
    local government investigation reports for those sites or
    facilities;  reasonably  obtainable  State,  federal, and
    local government records of activities likely to cause or
    contribute to a release or  a  threatened  release  of  a
    hazardous  substance or pesticide at, on, to, or from the
    real property, including landfill  and  other  treatment,
    storage,   and  disposal  location  records,  underground
    storage tank records,  hazardous  waste  transporter  and
    generator records, and spill reporting records; and other
    reasonably   obtainable   State,   federal,   and   local
    government environmental records that report incidents or
    activities  that  are  likely to cause or contribute to a
    release or a threatened release of a hazardous  substance
    or  pesticide  at, on, to, or from the real property.  In
    order to be deemed "reasonably  obtainable"  as  required
    herein, a copy or reasonable facsimile of the record must
    be  obtainable  from the government agency by request and
    upon payment of a processing fee, if any, established  by
    the  government  agency.   The  Agency  is  authorized to
    establish  a  reasonable  fee  for  processing   requests
    received  under  this  subparagraph (E) for records.  All
    fees collected by the Agency under  this  clause  (v)(IV)
    shall  be  deposited  into  the  Environmental Protection
    Permit and Inspection Fund  in  accordance  with  Section
    22.8.
         Notwithstanding  any  other law, if the fee is paid,
    commencing on the effective date of this  amendatory  Act
    of  1993  and  until one year after the effective date of
    this amendatory Act of 1993, the  Agency  shall  use  its
    best  efforts  to  process  a request received under this
    subparagraph   (E)   as   expeditiously   as    possible.
    Notwithstanding  any other law, commencing one year after
    the effective date of this amendatory Act of 1993, if the
    fee is paid, the Agency shall process a request  received
    under this subparagraph (E) for records within 30 days of
    the receipt of such request.
         (V)  A  visual  site inspection of the real property
    and all facilities and improvements on the real  property
    and   a   visual  inspection  of  properties  immediately
    adjacent to the real property, including an investigation
    of any use,  storage,  treatment,  spills  from  use,  or
    disposal of hazardous substances, hazardous wastes, solid
    wastes,  or  pesticides.   If  the  person conducting the
    investigation is denied access to any  property  adjacent
    to  the  real property, the person shall conduct a visual
    inspection of that adjacent property from the property to
    which  the  person  does  have  access  and  from  public
    rights-of-way.
         (VI)  A review of business records for activities at
    or on the real property for a period of 50 years.
    (vi)  For purposes of subparagraph (E), the  term  "Phase
II  Environmental  Audit"  means  an  investigation  of  real
property,    conducted    by   environmental   professionals,
subsequent to a Phase I Environmental Audit.  If the Phase  I
Environmental Audit discloses the presence or likely presence
of  a  hazardous  substance  or a pesticide or a release or a
substantial threat of a release of a hazardous  substance  or
pesticide:
         (I)  In  or  to  soil, the defendant, as part of the
    Phase II Environmental Audit, shall perform a  series  of
    soil  borings  sufficient to determine whether there is a
    presence or likely presence of a hazardous  substance  or
    pesticide and whether there is or has been a release or a
    substantial  threat of a release of a hazardous substance
    or pesticide at, on, to, or from the real property.
         (II)  In or to groundwater, the defendant,  as  part
    of  the  Phase  II  Environmental  Audit,  shall:  review
    information   regarding   local   geology,   water   well
    locations, and locations of waters of the State as may be
    obtained   from  State,  federal,  and  local  government
    records, including but not limited to the  United  States
    Geological  Service, the State Geological Survey Division
    of the Department of Natural  Resources,  and  the  State
    Water  Survey  Division  of  the  Department  of  Natural
    Resources;  and perform groundwater monitoring sufficient
    to determine  whether  there  is  a  presence  or  likely
    presence  of  a  hazardous  substance  or  pesticide, and
    whether there is or has been a release or  a  substantial
    threat of a release of a hazardous substance or pesticide
    at, on, to, or from the real property.
         (III)  On   or   to   media   other   than  soil  or
    groundwater, the defendant,  as  part  of  the  Phase  II
    Environmental   Audit,  shall  perform  an  investigation
    sufficient to determine whether there is  a  presence  or
    likely  presence  of  a hazardous substance or pesticide,
    and  whether  there  is  or  has  been  a  release  or  a
    substantial threat of a release of a hazardous  substance
    or pesticide at, on, to, or from the real property.
    (vii)  The  findings of each Environmental Audit prepared
under this subparagraph (E) shall be set forth in  a  written
audit report.  Each audit report shall contain an affirmation
by  the  defendant and by each environmental professional who
prepared the Environmental Audit that the facts stated in the
report are true and are made under a penalty  of  perjury  as
defined  in Section 32-2 of the Criminal Code of 1961.  It is
perjury for any person to sign an audit report that  contains
a  false  material statement that the person does not believe
to be true.
    (viii)  The Agency is not required to review, approve, or
certify  the  results  of  any  Environmental   Audit.    The
performance of an Environmental Audit shall in no way entitle
a   defendant   to   a  presumption  of  Agency  approval  or
certification of the results of the Environmental Audit.
    The presence or absence of a disclosure document prepared
under the Responsible Property Transfer Act of 1988 shall not
be a defense  under  this  Act  and  shall  not  satisfy  the
requirements of subdivision (6)(A) of this subsection (j).
    (7)  No  person  shall  be  liable under this Section for
response costs or  damages  as  the  result  of  a  pesticide
release  if  the  Agency  has  found that a pesticide release
occurred based on  a  Health  Advisory  issued  by  the  U.S.
Environmental  Protection Agency or an action level developed
by the Agency, unless the Agency notified the manufacturer of
the pesticide and provided an opportunity of not less than 30
days for the manufacturer to comment  on  the  technical  and
scientific  justification  supporting  the Health Advisory or
action level.
    (8)  No person shall be liable  under  this  Section  for
response  costs  or  damages  as  the  result  of a pesticide
release that  occurs  in  the  course  of  a  farm  pesticide
collection   program  operated  under  Section  19.1  of  the
Illinois Pesticide Act, unless the release results from gross
negligence or intentional misconduct.
    (k)  If any  person  who  is  liable  for  a  release  or
substantial  threat  of  release  of a hazardous substance or
pesticide fails without sufficient cause to  provide  removal
or  remedial  action  upon or in accordance with a notice and
request by the Agency or upon or in accordance with any order
of the Board or any court, such person may be liable  to  the
State  for  punitive  damages in an amount at least equal to,
and not more than 3 times, the amount of any  costs  incurred
by  the State of Illinois as a result of such failure to take
such  removal  or  remedial  action.   The  punitive  damages
imposed by the Board  shall  be  in  addition  to  any  costs
recovered  from  such  person pursuant to this Section and in
addition to any other penalty or relief provided by this  Act
or any other law.
    Any  monies  received  by  the  State  pursuant  to  this
subsection  (k)  shall  be  deposited  in the Hazardous Waste
Fund.
    (l)  Beginning January 1, 1988, the Agency shall annually
collect a $250 fee for  each  Special  Waste  Hauling  Permit
Application  and, in addition, shall collect a fee of $20 for
each waste hauling vehicle identified in  the  annual  permit
application and for each vehicle which is added to the permit
during  the  annual  period.  The Agency shall deposit 85% of
such fees  collected  under  this  subsection  in  the  State
Treasury  to the credit of the Hazardous Waste Research Fund;
and shall deposit the remaining 15% of such fees collected in
the  State  Treasury  to  the  credit  of  the  Environmental
Protection Permit and Inspection Fund.  The majority of  such
receipts  which are deposited in the Hazardous Waste Research
Fund pursuant  to  this  subsection  shall  be  used  by  the
Department  of  Natural Resources for activities which relate
to the protection of underground waters. Persons  engaged  in
the  offsite transportation of hazardous waste by highway and
participating in the Uniform Program under  subsection  (l-5)
are  not  required  to  file  a  Special Waste Hauling Permit
Application.
    (l-5) (1)  As used in this subsection:
         "Base  state"  means  the  state   selected   by   a
    transporter according to the procedures established under
    the Uniform Program.
         "Base  state  agreement"  means an agreement between
    participating  states  electing  to  register  or  permit
    transporters.
         "Participating state"  means  a  state  electing  to
    participate  in  the  Uniform  Program by entering into a
    base state agreement.
         "Transporter" means a person engaged in the  offsite
    transportation of hazardous waste by highway.
         "Uniform application" means the uniform registration
    and  permit application form prescribed under the Uniform
    Program.
         "Uniform Program" means the Uniform State  Hazardous
    Materials  Transportation Registration and Permit Program
    established in the report submitted and amended  pursuant
    to  49  U.S.C.  Section  5119(b),  as  implemented by the
    Agency under this subsection.
         "Vehicle" means any  self-propelled  motor  vehicle,
    except  a  truck  tractor  without a trailer, designed or
    used for the transportation of hazardous waste subject to
    the hazardous waste manifesting requirements of 40 U.S.C.
    Section 6923(a)(3).
         (2)  Beginning  July  1,  1998,  the  Agency   shall
    implement   the   Uniform   State   Hazardous   Materials
    Transportation  Registration  and  Permit Program. On and
    after that date, no person shall engage  in  the  offsite
    transportation  of  hazardous  waste  by  highway without
    registering and obtaining  a  permit  under  the  Uniform
    Program.  A  transporter  with  its  principal  place  of
    business  in  Illinois  shall  register with and obtain a
    permit from the Agency.  A  transporter  that  designates
    another participating state in the Uniform Program as its
    base  state  shall  likewise  register  with and obtain a
    permit from  that  state  before  transporting  hazardous
    waste in Illinois.
         (3)  Beginning   July  1,  1998,  the  Agency  shall
    annually collect no more than a $250 processing and audit
    fee from each transporter  of  hazardous  waste  who  has
    filed  a uniform application and, in addition, the Agency
    shall   annually   collect   an    apportioned    vehicle
    registration  fee  of  $20. The amount of the apportioned
    vehicle registration fee shall be  calculated  consistent
    with   the   procedures  established  under  the  Uniform
    Program.
         All  moneys  received  by  the   Agency   from   the
    collection  of fees pursuant to the Uniform Program shall
    be deposited into the Hazardous Waste Transporter account
    hereby created within the Environmental Protection Permit
    and Inspection Fund.   Moneys remaining in the account at
    the close of the fiscal  year  shall  not  lapse  to  the
    General  Revenue  Fund.   The State Treasurer may receive
    money or other assets from any source  for  deposit  into
    the  account.   The  Agency  may  expend  moneys from the
    account, upon appropriation, for  the  implementation  of
    the Uniform Program, including the costs to the Agency of
    fee  collection  and  administration.  In addition, funds
    not  expended  for  the  implementation  of  the  Uniform
    Program  may  be  utilized  for  emergency  response  and
    cleanup   activities   related   to    hazardous    waste
    transportation that are initiated by the Agency.
         Whenever   the   amount   of   the  Hazardous  Waste
Transporter account  exceeds  by  115%  the  amount  annually
appropriated by the General Assembly, the Agency shall credit
participating  transporters  an amount, proportionately based
on the amount of the vehicle fee paid, equal to the excess in
the account, and shall  determine  the  need  to  reduce  the
amount  of  the  fee  charged  transporters in the subsequent
fiscal year by the amount of the credit.
         (4) (A)  The Agency may propose and the Board  shall
    adopt  rules  as  necessary  to implement and enforce the
    Uniform Program.  The Agency is authorized to enter  into
    agreements with other agencies of this State as necessary
    to  carry  out administrative functions or enforcement of
    the Uniform Program.
         (B)  The Agency shall recognize  a  Uniform  Program
    registration as valid for one year from the date a notice
    of  registration form is issued and a permit as valid for
    3 years from the date issued or until a transporter fails
    to renew its registration, whichever occurs first.
         (C)  The Agency may inspect  or  examine  any  motor
    vehicle  or facility operated by a transporter, including
    papers, books, records, documents, or other materials  to
    determine  if a transporter is complying with the Uniform
    Program.  The Agency may also conduct investigations  and
    audits  as  necessary  to  determine  if a transporter is
    entitled to a permit or to make suspension or  revocation
    determinations  consistent  with  the  standards  of  the
    Uniform Program.
         (5)  The  Agency  may  enter  into  agreements  with
    federal   agencies,   national   repositories,  or  other
    participating  states  as  necessary  to  allow  for  the
    reciprocal registration and  permitting  of  transporters
    pursuant  to  the  Uniform  Program.   The agreements may
    include procedures for  determining  a  base  state,  the
    collection and distribution of registration fees, dispute
    resolution, the exchange of information for reporting and
    enforcement  purposes,  and other provisions necessary to
    fully implement,  administer,  and  enforce  the  Uniform
    Program.
    (m)  (Blank).
    (n)  (Blank).
(Source:  P.A.  90-14,  eff.  7-1-97;  90-219,  eff. 7-25-97;
90-773, eff. 8-14-98; 91-36, eff. 6-15-99.)

    (415 ILCS 5/22.2b)
    Sec. 22.2b. Limit of liability for prospective purchasers
of real property.
    (a)  The  State  of  Illinois  may  grant  a  release  of
liability that provides that  a  person  is  not  potentially
liable under subsection (f) of Section  22.2 of this Act as a
result  of  a  release or a threatened release of a hazardous
substance or pesticide if:
         (1)  the person performs  the  response  actions  to
    remove or remedy all releases or threatened releases of a
    hazardous substance or pesticide at an identified area or
    at  identified areas of the property in accordance with a
    response action plan approved by the  Agency  under  this
    Section;
         (2)  the  person did not cause, allow, or contribute
    to the release  or  threatened  release  of  a  hazardous
    substance or pesticide through any act or omission;
         (3)  the  person  requests,  in  writing,  that  the
    Agency  provide  review  and  evaluation  services  under
    subsection (m) of Section 22.2 of this Act and the Agency
    agrees to provide the review and evaluation services; and
         (4)  the   person  is  not  otherwise  liable  under
    subsection (f) of Section 22.2 under, and complies  with,
    regulations adopted by the Agency under subsection (e).
    (b)  The  Agency may approve a response action plan under
this Section, including but not limited to a response  action
plan  that  does  not  require  the  removal or remedy of all
releases or threatened releases of  hazardous  substances  or
pesticides,  if  the  person  described  under subsection (a)
proves:
         (1)  the response action will  prevent  or  mitigate
    immediate  and significant risk of harm to human life and
    health and the environment;
         (2)  activities at  the  property  will  not  cause,
    allow,   contribute  to,  or  aggravate  the  release  or
    threatened release of a hazardous substance or pesticide;
         (3)  due consideration has been given to the  effect
    that  activities  at the property will have on the health
    of those persons likely to be present at the property;
         (4)  irrevocable access to the property is given  to
    the State of Illinois and its authorized representatives;
         (5)  the person is financially capable of performing
    the proposed response action; and
         (6)  the person complies with regulations adopted by
    the Agency under subsection (e).
    (c)  The  limit  of  liability  granted  by  the State of
Illinois under this Section does not apply to any person:
         (1)  Who is potentially liable under subsection  (f)
    of  Section  22.2 of this Act for any costs of removal or
    remedial action incurred by the State of Illinois or  any
    unit  of  local  government as a result of the release or
    substantial threat of a release of a hazardous  substance
    or  pesticide that was the subject of the response action
    plan approved by the Agency under this Section.
         (2)  Who  agrees  to  perform  the  response  action
    contained in a  response  action  plan  approved  by  the
    Agency  under  this  Section  and  fails  to  perform  in
    accordance with the approved response action plan.
         (3)  Whose willful and wanton conduct contributes to
    a  release or threatened release of a hazardous substance
    or pesticide.
         (4)  Whose  negligent  conduct  contributes   to   a
    release or threatened release of a hazardous substance or
    pesticide.
         (5)  Who  is  seeking  a construction or development
    permit for a new municipal waste incinerator or other new
    waste-to-energy facility.
    (d)  If a release or threatened release  of  a  hazardous
substance  or  pesticide occurs within the area identified in
the response action plan approved by the  Agency  under  this
Section  and  such  release  or  threatened  release  is  not
specifically  identified in the response action plan, for any
person to whom this  Section  applies,  the  numeric  cleanup
level  established  by the Agency in the response action plan
shall also apply to the release  or  threatened  release  not
specifically  identified  in  the response action plan if the
response action plan has a  numeric  cleanup  level  for  the
hazardous substance or pesticide released or threatened to be
released.  Nothing  in  this  subsection  (d) shall limit the
authority of the Agency to require, for any  person  to  whom
this  Section  does  not  apply, a numeric cleanup level that
differs from the numeric cleanup  level  established  in  the
response  action  plan  approved  by  the  Agency  under this
Section.
    (e)  The Agency may adopt regulations  relating  to  this
Section. The regulations may include, but are not limited to,
both of the following:
         (1)  Requirements  and  procedures  for  a  response
    action plan.
         (2)  Additional requirements that a person must meet
    in order not to be liable under subsection (f) of Section
    22.2.
(Source: P.A. 89-101, eff. 7-7-95; 90-655, eff. 7-30-98.)

    (415 ILCS 5/22.9) (from Ch. 111 1/2, par. 1022.9)
    Sec. 22.9. Special waste determinations.
    (a)  (Blank.)  The  Department  shall complete a study of
the benefits and feasibility  of  establishing  a  system  of
classifying  and regulating special wastes according to their
degree of hazard.  Such study shall include, at a minimum, an
assessment of the degree  of  hazard  of  the  special  waste
streams  produced  in  the  State,  alternative  systems  for
classifying  these wastes according to their degree of hazard
and an evaluation of  the  benefits  of  assessing  hazardous
waste  fees  and  developing  storage, treatment and disposal
standards based on such classes of  wastes.   The  Department
shall  report  to  the Governor, the General Assembly and the
Pollution Control Board with the results  of  such  study  no
later than July 1, 1985.
    (b)  Following  the completion of the Department's study,
but Not later than December 1, 1990,  the  Pollution  Control
Board  shall,  pursuant  to  Title  VII  of  the  Act,  adopt
regulations   that   establish  standards  and  criteria  for
classifying special wastes according to the degree of  hazard
or an alternative method.
    (c)  The  Board  shall  adopt  regulations by December 1,
1990, establishing the standards and criteria  by  which  the
Agency  may determine upon written request by any person that
a waste or class of waste is not special waste.
    (d)  (Blank.) Until such time as the regulations required
in subsection (c) of this Section are effective,  any  person
may  request  the  Agency  to determine that a waste is not a
special waste.  Within  60  days  of  receipt  of  a  written
request,  the  Agency shall make a final determination, which
shall be based on whether the waste would pose a  present  or
potential  threat to human health or to the environment or if
such waste has inherent properties  which  make  disposal  of
such waste in a landfill difficult to manage by normal means.
    (e)  (Blank.)   If  the  Agency  denies  a  request  made
pursuant to subsection (c) or (d) of this Section or  if  the
Agency  fails  to  act  within  60 days after receipt of such
request, the requestor  may  seek  review  before  the  Board
pursuant  to  Section  40  as  if  the  Agency  had denied an
application for a permit.
    (f)  The determinations to be made under  subsection  (c)
subsections  (c), (d) and (e) of this Section shall not apply
to hazardous waste.
(Source: P.A. 89-445, eff. 2-7-96.)

    (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
    Sec. 22.15.  Solid Waste Management Fund; fees.
    (a)  There is hereby created within the State Treasury  a
special fund to be known as the "Solid Waste Management Fund"
constituted  from the fees collected by the State pursuant to
this Section and from repayments of loans made from the  Fund
for  solid waste projects.  Moneys received by the Department
of Commerce and Community Affairs in repayment of loans  made
pursuant  to the Illinois Solid Waste Management Act shall be
deposited into the  Solid  Waste  Management  Revolving  Loan
Fund.
    (b)  On  and  after  January  1,  1987,  the Agency shall
assess and collect a fee in the amount set forth herein  from
the  owner or operator of each sanitary landfill permitted or
required to be permitted by the Agency to  dispose  of  solid
waste  if the sanitary landfill is located off the site where
such waste was produced and  if  such  sanitary  landfill  is
owned,  controlled,  and  operated by a person other than the
generator of such waste.  The Agency shall deposit  all  fees
collected  into the Solid Waste Management Fund. If a site is
contiguous to one or more landfills owned or operated by  the
same  person,  the  volumes  permanently  disposed of by each
landfill shall be combined for purposes  of  determining  the
fee under this subsection.
         (1)  If   more   than   150,000   cubic   yards   of
    non-hazardous solid waste is permanently disposed of at a
    site  in  a  calendar  year,  the owner or operator shall
    either pay a fee of 45 cents  per  cubic  yard  (60¢  per
    cubic  yard  from  January  1,  1989 through December 31,
    1993), or, alternatively, the owner or operator may weigh
    the quantity of the solid waste permanently  disposed  of
    with  a  device for which certification has been obtained
    under the Weights and Measures Act and pay a  fee  of  95
    cents per ton ($1.27 per ton from January 1, 1989 through
    December  31,  1993)  of solid waste permanently disposed
    of.  An owner or operator that is  subject  to  any  fee,
    tax,   or   surcharge  imposed  under  the  authority  of
    subsection (j) of this Section  on  September  26,  1991,
    with  respect  to  fees  due  to  the  Agency  under this
    paragraph after December 31, 1991 and before  January  1,
    1994, shall deduct from the amount paid to the Agency the
    amount by which the fee paid under subsection (j) exceeds
    45  cents per cubic yard or 95 cents per ton.  In no case
    shall the fee collected or paid by the owner or  operator
    under this paragraph exceed $1.05 per cubic yard or $2.22
    per ton.
         (2)  If  more than 100,000 cubic yards, but not more
    than  150,000  cubic  yards  of  non-hazardous  waste  is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of $25,000 ($33,350  in
    1989, 1990 and 1991).
         (3)  If  more  than 50,000 cubic yards, but not more
    than 100,000 cubic yards of non-hazardous solid waste  is
    permanently disposed of at a site in a calendar year, the
    owner  or operator shall pay a fee of $11,300 ($15,500 in
    1989, 1990 and 1991).
         (4)  If more than 10,000 cubic yards, but  not  more
    than  50,000  cubic yards of non-hazardous solid waste is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of  $3,450  ($4,650  in
    1989, 1990 and 1991).
         (5)  If   not   more  than  10,000  cubic  yards  of
    non-hazardous solid waste is permanently disposed of at a
    site in a calendar year, the owner or operator shall  pay
    a fee of $500 ($650 in 1989, 1990 and 1991).
    (c)  (Blank.)  From  January 1, 1987 through December 31,
1988, the fee set forth in this Section shall not apply to:
         (1)  Solid waste which is hazardous waste;
         (2)  Any landfill which is permitted by  the  Agency
    to  receive  only  demolition  or  construction debris or
    landscape waste; or
         (3)  The following wastes:
              (A)  Foundry sand;
              (B)  Coal  combustion   by-product,   including
         scrubber  waste and fluidized bed boiler waste which
         does not contain metal cleaning waste;
              (C)  Slag from  the  manufacture  of  iron  and
         steel;
              (D)  Pollution Control Waste;
              (E)  Wastes   from  recycling,  reclamation  or
         reuse processes designed to remove  any  contaminant
         from  wastes  so  as to render such wastes reusable,
         provided that the process renders at  least  50%  of
         the waste reusable;
              (F)  Non-hazardous solid waste that is received
         at  a  sanitary  landfill  after January 1, 1987 and
         recycled through a process permitted by the Agency.
    (d)  The Agency shall establish  rules  relating  to  the
collection  of  the  fees  authorized  by this Section.  Such
rules shall include, but not be limited to:
         (1)  necessary records identifying the quantities of
    solid waste received or disposed;
         (2)  the form and submission of reports to accompany
    the payment of fees to the Agency;
         (3)  the time and manner of payment of fees  to  the
    Agency,  which  payments  shall  not  be  more often than
    quarterly; and
         (4)  procedures setting forth criteria  establishing
    when an owner or operator may measure by weight or volume
    during any given quarter or other fee payment period.
    (e)  Pursuant  to  appropriation, all monies in the Solid
Waste Management Fund shall be used by  the  Agency  and  the
Department of Commerce and Community Affairs for the purposes
set  forth  in  this  Section and in the Illinois Solid Waste
Management Act, including for the costs of fee collection and
administration, and through June 30, 1989, by the  University
of  Illinois  for research consistent with the Illinois Solid
Waste Management Act.
    (f)  The  Agency  is  authorized  to  enter   into   such
agreements  and  to promulgate such rules as are necessary to
carry out its duties under  this  Section  and  the  Illinois
Solid Waste Management Act.
    (g)  On  the  first  day  of  January,  April,  July, and
October of each year, beginning on July 1,  1996,  the  State
Comptroller  and  Treasurer  shall transfer $500,000 from the
Solid Waste Management Fund  to  the  Hazardous  Waste  Fund.
Moneys  transferred  under  this subsection (g) shall be used
only for the purposes set forth in item (1) of subsection (d)
of Section 22.2.
    (h)  The  Agency  is  authorized  to  provide   financial
assistance  to  units of local government for the performance
of  inspecting,  investigating  and  enforcement   activities
pursuant to Section 4(r) at nonhazardous solid waste disposal
sites.
    (i)  The  Agency  is authorized to support the operations
of an industrial materials exchange service, and  to  conduct
household waste collection and disposal programs.
    (j)  A  unit of local government, as defined in the Local
Solid Waste Disposal Act, in which  a  solid  waste  disposal
facility  is  located  may establish a fee, tax, or surcharge
with regard to the permanent disposal of solid  waste.    All
fees,  taxes,  and surcharges collected under this subsection
shall  be  utilized  for  solid  waste  management  purposes,
including long-term monitoring and maintenance of  landfills,
planning,  implementation,  inspection, enforcement and other
activities consistent with the Solid Waste Management Act and
the  Local  Solid  Waste  Disposal  Act,  or  for  any  other
environment-related purpose, including but not limited to  an
environment-related  public  works  project,  but not for the
construction of a new pollution control facility other than a
household hazardous waste facility.  However, the total  fee,
tax  or  surcharge  imposed  by all units of local government
under this subsection  (j)  upon  the  solid  waste  disposal
facility shall not exceed:
         (1)  45¢   per   cubic  yard  (60¢  per  cubic  yard
    beginning January 1, 1992) if  more  than  150,000  cubic
    yards   of   non-hazardous  solid  waste  is  permanently
    disposed of at the site in a calendar  year,  unless  the
    owner  or operator weighs the quantity of the solid waste
    received with a device for which certification  has  been
    obtained  under  the  Weights  and Measures Act, in which
    case the fee shall not exceed 95¢ per ton ($1.27 per  ton
    beginning  January  1,  1992)  of solid waste permanently
    disposed of.
         (2)  $25,000 ($33,350 beginning  in  1992)  if  more
    than 100,000 cubic yards, but not more than 150,000 cubic
    yards,  of non-hazardous waste is permanently disposed of
    at the site in a calendar year.
         (3)  $11,300 ($15,500 beginning  in  1992)  if  more
    than  50,000 cubic yards, but not more than 100,000 cubic
    yards,  of  non-hazardous  solid  waste  is   permanently
    disposed of at the site in a calendar year.
         (4)  $3,450  ($4,650 beginning in 1992) if more than
    10,000 cubic yards, but not more than 50,000 cubic yards,
    of non-hazardous solid waste is permanently  disposed  of
    at the site in a calendar year.
         (5)  $500  ($650 beginning in 1992) if not more than
    10,000  cubic  yards  of  non-hazardous  solid  waste  is
    permanently disposed of at the site in a calendar year.
    The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse
a highway commissioner whose road  district  lies  wholly  or
partially  within  the  corporate limits of the unit of local
government  for  expenses  incurred   in   the   removal   of
nonhazardous,  nonfluid  municipal waste that has been dumped
on public property in violation  of  a  State  law  or  local
ordinance.
    A  county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under  this  subsection  may  use  the
proceeds thereof to reimburse a municipality that lies wholly
or  partially  within its boundaries for expenses incurred in
the removal of nonhazardous, nonfluid  municipal  waste  that
has  been  dumped  on public property in violation of a State
law or local ordinance.
    If the fees are to be used to conduct  a  local  sanitary
landfill inspection or enforcement program, the unit of local
government  must  enter  into  a written delegation agreement
with the Agency pursuant to subsection (r) of Section 4.  The
unit of local government and the Agency shall enter into such
a written delegation  agreement  within  60  days  after  the
establishment  of such fees. or August 23, 1988, whichever is
later.  For the year commencing  January  1,  1989,  and   At
least  annually thereafter, the Agency shall conduct an audit
of the expenditures made by units of  local  government  from
the  funds  granted  by  the  Agency  to  the  units of local
government for purposes of local sanitary landfill inspection
and enforcement programs, to ensure that the funds have  been
expended for the prescribed purposes under the grant.
    The  fees,  taxes  or  surcharges  collected  under  this
subsection   (j)  shall  be  placed  by  the  unit  of  local
government in a separate fund, and the interest  received  on
the  moneys  in  the  fund shall be credited to the fund. The
monies in the fund may be accumulated over a period of  years
to be expended in accordance with this subsection.
    A unit of local government, as defined in the Local Solid
Waste  Disposal  Act,  shall  prepare  and  distribute to the
Agency, in April of each year, a report that details spending
plans  for  monies  collected   in   accordance   with   this
subsection.   The  report  will  at  a  minimum  include  the
following:
         (1)  The  total  monies  collected  pursuant to this
    subsection.
         (2)  The most current balance  of  monies  collected
    pursuant to this subsection.
         (3)  An  itemized  accounting of all monies expended
    for the previous year pursuant to this subsection.
         (4)  An estimation of monies to be collected for the
    following 3 years pursuant to this subsection.
         (5)  A narrative detailing the general direction and
    scope of future expenditures for one, 2 and 3 years.
    The exemptions granted under Sections 22.16  and  22.16a,
and  under  subsections (c) and (k) of this Section, shall be
applicable to any fee, tax or surcharge  imposed  under  this
subsection  (j);  except  that  the  fee,  tax  or  surcharge
authorized  to  be  imposed  under this subsection (j) may be
made  applicable  by  a  unit  of  local  government  to  the
permanent disposal of solid waste after  December  31,  1986,
under  any  contract  lawfully  executed  before June 1, 1986
under which more than 150,000 cubic yards (or 50,000 tons) of
solid waste is to be permanently disposed of, even though the
waste is exempt from the  fee  imposed  by  the  State  under
subsection  (b)  of  this  Section  pursuant  to an exemption
granted under Section 22.16.
    (k)  In accordance with the findings and purposes of  the
Illinois  Solid  Waste  Management  Act, beginning January 1,
1989 the fee  under  subsection  (b)  and  the  fee,  tax  or
surcharge under subsection (j) shall not apply to:
         (1)  Waste which is hazardous waste; or
         (2)  Waste which is pollution control waste; or
         (3)  Waste  from  recycling,  reclamation  or  reuse
    processes which have been approved by the Agency as being
    designed  to  remove any contaminant from wastes so as to
    render such wastes reusable, provided  that  the  process
    renders at least 50% of the waste reusable; or
         (4)  Non-hazardous solid waste that is received at a
    sanitary  landfill  and  composted  or recycled through a
    process permitted by the Agency; or
         (5)  Any landfill which is permitted by  the  Agency
    to  receive  only  demolition  or  construction debris or
    landscape waste.
(Source: P.A.  89-93,  eff.  7-6-95;  89-443,  eff.   7-1-96;
89-445,   eff.  2-7-96;  90-14,  eff.  7-1-97;  90-475,  eff.
8-17-97.)
    (415 ILCS 5/22.16) (from Ch. 111 1/2, par. 1022.16)
    Sec. 22.16. Fee exemptions.
    (a)  The Agency  shall  grant  exemptions  from  the  fee
requirements  of  Section  22.15  of  this  Act for permanent
disposal or transport of  solid  waste  meeting  all  of  the
following criteria:
         (1)  permanent   disposal  of  the  solid  waste  is
    pursuant to a  written  contract  between  the  owner  or
    operator  of the sanitary landfill and some other person,
    or transport of the solid waste is pursuant to a  written
    contract between the transporter and some other person;
         (2)  the   contract   for   permanent   disposal  or
    transport of solid waste  was  lawfully  executed  on  or
    before  December  31,  1986,  and  by  its  express terms
    continues  beyond  January  1,  1987,  or  was   lawfully
    executed  during  1987  or  1988 and by its express terms
    continues beyond January 1, 1989;
         (3)  the  contract   for   permanent   disposal   or
    transport  of  solid  waste  establishes  a  fixed fee or
    compensation, does not allow the operator or  transporter
    to  pass  the  fee through to another party, and does not
    allow voluntary cancellation  or  re-negotiation  of  the
    compensation or fee during the term of the contract; and
         (4)  the contract was lawfully executed on or before
    December  31,  1986  and has not been amended at any time
    after that date, or was lawfully executed during 1987  or
    1988  and  has  not  been  amended on or after January 1,
    1989.
    (b)  Exemptions granted under this  Section  shall  cause
the  solid  waste  received  by  an  owner  or  operator of a
sanitary landfill pursuant to a contract exempted under  this
Section to be disregarded in calculating the volume or weight
of solid waste permanently disposed of during a calendar year
under Section 22.15 of this Act.
    (c)  (Blank.)  Applications  for  exemptions  under  this
Section  may  be  granted  retroactively.    Applications for
retroactive or prospective exemptions must be submitted  with
proof  of  satisfaction  of  all  criteria  for  granting the
exemption, and must be received by the Agency before March 1,
1989.
    (d)  It shall be the duty of an owner or  operator  of  a
sanitary  landfill  to  keep accurate records and to prove to
the satisfaction of the Agency the volume or weight of  solid
waste received under an exemption during a calendar year.
    (e)  Exemptions  under this Section shall expire upon the
expiration, renewal or amendment of  the  exempted  contract,
whichever occurs first.
(Source: P.A. 85-1195.)

    (415 ILCS 5/22.16a) (from Ch. 111 1/2, par. 1022.16a)
    Sec. 22.16a. Additional fee exemptions.
    (a)  In  accordance with the findings and purposes of the
Illinois Solid Waste Management Act, the Agency  shall  grant
exemptions from the fee requirements of Section 22.15 of this
Act for solid waste meeting all of the following criteria:
         (1)  the  waste  is  non-putrescible and homogeneous
    and does not contain free liquids;
         (2)  combustion  of  the  waste  would  not  provide
    practical  energy  recovery  or  practical  reduction  in
    volume; and
         (3)  the applicant for exemption  demonstrates  that
    it  is not technologically and economically reasonable to
    recycle or reuse the waste.
    (b)  Exemptions granted under this  Section  shall  cause
the  solid  waste  exempted  under  subsection  (a)  which is
permanently disposed of by an owner or operator of a sanitary
landfill to be  disregarded  in  calculating  the  volume  or
weight  of  solid  waste  permanently  disposed  of  during a
calendar year under Section 22.15 of this Act.
    (c)  Applications for exemptions under this Section  must
be  submitted  on  forms  provided  by  the  Agency  for such
purpose, together with proof of satisfaction of all  criteria
for granting the exemption.  For applications received before
March  1,  1989, exemptions issued under subsection (a) shall
be  effective  as  of  January  1,  1989.   For  applications
received on or after March 1, 1989, exemptions  issued  under
subsection  (a)  shall  be  effective beginning with the next
calendar quarter following issuance of the exemption.
    (d)  If the Agency denies  a  request  made  pursuant  to
subsection  (a),  the  applicant  may  seek review before the
Board pursuant to Section 40 as if the Agency had  denied  an
application  for a permit.  If the Agency fails to act within
90 days after receipt of an application, the request shall be
deemed granted until such time as the Agency has taken  final
action.
    (e)  It  shall  be  the duty of an owner or operator of a
sanitary landfill to keep accurate records and  to  prove  to
the  satisfaction of the Agency the volume or weight of solid
waste received under an exemption during a calendar year.
(Source: P.A. 85-1195.)

    (415 ILCS 5/22.22) (from Ch. 111 1/2, par. 1022.22)
    Sec. 22.22. Landscape waste.
    (a)  Beginning July 1, 1990, no person may knowingly  mix
landscape  waste  that  is  intended  for  collection  or for
disposal at a landfill with any other municipal waste.
    (b)  Beginning July 1, 1990, no person may knowingly  put
landscape  waste  into a container intended for collection or
disposal  at   a   landfill,   unless   such   container   is
biodegradable.
    (c)  Beginning  July  1,  1990, no owner or operator of a
sanitary landfill shall  accept  landscape  waste  for  final
disposal,   except   that   landscape  waste  separated  from
municipal waste may be accepted by a sanitary landfill if (1)
the landfill provides and maintains for that purpose separate
landscape  waste  composting  facilities  and  composts   all
landscape  waste, and (2) the composted waste is utilized, by
the operators of the landfill or by any other person, as part
of the final vegetative cover for the landfill  or  for  such
other uses as soil conditioning material, or the landfill has
received  an  Agency  permit  to  use  source  separated  and
processed  landscape  waste as an alternative daily cover and
the landscape waste is processed at a site,  other  than  the
sanitary  landfill, that has received an Agency permit before
July 30, the effective date of this amendatory Act of 1997 to
process landscape waste.  For purposes of this  Section,  (i)
"source  separated" means divided into its component parts at
the point of generation and collected separately  from  other
solid waste and (ii) "processed" means shredded by mechanical
means to reduce the landscape waste to a uniform consistency.
    (d)  The requirements of this Section shall not apply (i)
to  landscape  waste  collected as part of a municipal street
sweeping operation where the  intent  is  to  provide  street
sweeping  service  rather  than  leaf collection, nor (ii) to
landscape waste collected by  bar  screens  or  grates  in  a
sewage treatment system.
(Source: P.A. 90-266, eff. 7-30-97.)

    (415 ILCS 5/22.23) (from Ch. 111 1/2, par. 1022.23)
    Sec. 22.23. Batteries.
    (a)  Beginning  September  1,  1990,  any  person selling
lead-acid batteries at retail or offering lead-acid batteries
for retail sale in this State shall:
         (1)  accept for recycling used  lead-acid  batteries
    from  customers,  at the point of transfer, in a quantity
    equal to the number of new batteries purchased; and
         (2)  post in a conspicuous place a written notice at
    least  8.5  by  11  inches  in  size  that  includes  the
    universal recycling symbol and the following  statements:
    "DO  NOT  put  motor  vehicle  batteries  in the trash.";
    "Recycle your used batteries."; and "State  law  requires
    us  to  accept  motor vehicle batteries for recycling, in
    exchange for new batteries purchased.".
    (b)  Any person selling lead-acid batteries at retail  in
this  State  may  either  charge  a recycling fee on each new
lead-acid battery sold for which the customer does not return
a used battery to the retailer, or provide a recycling credit
to each customer who returns a used battery for recycling  at
the time of purchasing a new one.
    (c)  Beginning  September  1,  1990, no lead-acid battery
retailer may dispose of a used lead-acid  battery  except  by
delivering  it  (1) to a battery wholesaler or its agent, (2)
to a battery manufacturer, (3) to a collection  or  recycling
facility,  or  (4)  to  a secondary lead smelter permitted by
either a state or federal environmental agency.
    (d)  Any person selling lead-acid batteries at  wholesale
or  offering  lead-acid batteries for sale at wholesale shall
accept for recycling used lead-acid batteries from customers,
at the point of transfer, in a quantity equal to  the  number
of  new  batteries  purchased.   Such used batteries shall be
disposed of as provided in subsection (c).
    (e)  A person who accepts used  lead-acid  batteries  for
recycling  pursuant  to subsection (a) or (d) shall not allow
such batteries to accumulate for  periods  of  more  than  90
days.
    (f)  Beginning September 1, 1990, no person may knowingly
cause or allow:
         (1) the  placing  of  a  lead-acid  battery into any
    container intended  for  collection  and  disposal  at  a
    municipal waste sanitary landfill; or
         (2) the  disposal  of  any  lead-acid battery in any
    municipal waste sanitary landfill or incinerator.
    (g)  The Department of  Commerce  and  Community  Affairs
shall   identify   and   assist   in  developing  alternative
processing and recycling options for used batteries.
    (h)  For the purpose of this Section:
    "Lead-acid battery" means a battery containing  lead  and
sulfuric  acid that has a nominal voltage of at least 6 volts
and is intended for use in motor vehicles.
    "Motor  vehicle"  includes  automobiles,  vans,   trucks,
tractors, motorcycles and motorboats.
    (i)  (Blank.)  The  Department  shall  study the problems
associated with household batteries  that  are  processed  or
disposed  of  as part of mixed solid waste, and shall develop
and implement a pilot project to  collect  and  recycle  used
household   batteries.    The  Department  shall  report  its
findings to the Governor and the General  Assembly,  together
with  any  recommendations  for  legislation,  by November 1,
1991.
    (j)  Knowing violation of this Section shall be  a  petty
offense punishable by a fine of $100.
(Source: P.A. 89-445, eff. 2-7-96.)

    (415 ILCS 5/22.23a)
    Sec.  22.23a.  Fluorescent  and  high intensity discharge
lamps.
    (a)  As  used  in  this  Section,  "fluorescent  or  high
intensity  discharge  lamp"  means  a  lighting  device  that
contains mercury and generates light through the discharge of
electricity  either  directly   or   indirectly   through   a
fluorescent coating, including a mercury vapor, high pressure
sodium,  or  metal  halide  lamp containing mercury, lead, or
cadmium.
    (b)  No person may knowingly cause or allow the  disposal
of  any  fluorescent  or high intensity discharge lamp in any
municipal waste incinerator beginning  July  1,  1997.   This
Section does not apply to lamps generated by households.
    (c) (1)  Hazardous   fluorescent   and   high   intensity
    discharge  lamps  are  hereby designated as a category of
    universal waste  subject  to  the  streamlined  hazardous
    waste  rules  set  forth  in  Title  35  of  the Illinois
    Administrative Code, Subtitle G, Chapter I, Subchapter c,
    Part 733 ("Part 733").  Within 60 days of August 19, 1997
    (the effective date of Public Act 90-502) this amendatory
    Act of 1997 the Agency shall propose, and within 180 days
    of receipt of  the  Agency's  proposal  the  Board  shall
    adopt,  rules  that  reflect  this  designation  and that
    prescribe procedures and standards for the management  of
    hazardous  fluorescent and high intensity discharge lamps
    as universal waste.
         (2)  If the United States  Environmental  Protection
    Agency  adopts  streamlined  hazardous  waste regulations
    pertaining to the  management  of  fluorescent  and  high
    intensity  discharge  lamps,  or  otherwise exempts those
    lamps from regulation as hazardous waste, the Board shall
    adopt an equivalent rule in accordance with  Section  7.2
    of  this  Act  within 180 days of adoption of the federal
    regulation.  The equivalent Board rule may  serve  as  an
    alternative to the rules adopted under subdivision (1) of
    this subsection.
    (d)  (Blank.)  Until  the  Board adopts rules pursuant to
subsection (c),  fluorescent  and  high  intensity  discharge
lamps  shall  be managed in accordance with existing laws and
regulations or under the following conditions:
         (1)  after being removed from service, the generator
    stores the lamps in a  safe  manner  that  minimizes  the
    chance of breakage;
         (2)  no  lamps  are stored longer than 6 months from
    the time they are removed from service;
         (3)  the generator delivers the lamps to a  licensed
    hauler that will deliver the lamps to a recycler; and
         (4)  the lamps are transported in a safe manner that
    minimizes the chance of breakage.
    (e)  (Blank.)   The   Agency   shall  study  the  problem
associated with used fluorescent and high intensity discharge
lamps that are processed or disposed  of  as  part  of  mixed
solid  waste,  and  shall  identify  possible  collection and
recycling systems for used  fluorescent  and  high  intensity
discharge lamps.  The Agency shall report its findings to the
General Assembly and the Governor by January 1, 1998.
(Source: P.A. 89-619, eff. 1-1-97; 90-502, eff. 8-19-97.)

    (415 ILCS 5/22.27) (from Ch. 111 1/2, par. 1022.27)
    Sec.   22.27.   Alternative   Daily  Cover  for  Sanitary
Landfills.
    (a)  The Agency shall investigate  alternative  materials
to  soil  as  daily  cover  at  sanitary landfills, including
chemical foam, grit and nonputrescible residuals  from  solid
waste   recycling   facilities,   shredded   tire   material,
hydromulch  produced  from newsprint or other wastepaper, and
finished  compost.   The  investigation   shall   include   a
comparative  cost  analysis  of  each alternative material to
soil, environmental suitability of  each  material,  and  any
potential savings in landfill capacity resulting from the use
of an alternative cover material.  The Agency shall report to
the General Assembly by September 1, 1992, on the feasibility
of   alternative   materials  for  daily  cover  at  sanitary
landfills.  If the Agency determines that any or all chemical
foams provides a cover material that is as good as, or better
than, the traditional soil cover commonly used in this State,
the  Agency  shall  certify  that  material  as  meeting  the
requirements of this Section.  If the Agency determines  that
any   alternative   materials   other   than  chemical  foams
adequately satisfies daily  cover  requirements  at  sanitary
landfills,  it  shall  permit  use  of such materials at such
facilities.  The Department shall cooperate with  the  Agency
in  the  conduct  of the investigation and report required by
this subsection (a) of this Section.
    (b)  In  complying  with  the  daily  cover  requirements
imposed  on  sanitary  landfills  by  Board  regulation,  the
operator of a sanitary landfill may use  any  foam  that  has
been certified by the Agency under this Section in place of a
soil cover.
(Source: P.A. 87-727.)

    (415 ILCS 5/22.33)
    Sec. 22.33. Compost quality standards.
    (a)  By  January  1,  1994,  the Agency shall develop and
make recommendations to the Board concerning (i)  performance
standards  for  landscape  waste  compost facilities and (ii)
testing procedures and standards for the end-product  compost
produced by landscape waste compost facilities.
    The  Agency,  in  cooperation  with the Department, shall
appoint a Technical Advisory Committee  for  the  purpose  of
developing  these  recommendations.   Among other things, the
Committee   shall   evaluate   environmental    and    safety
considerations,  compliance costs, and regulations adopted in
other  states  and  countries.   The  Committee  shall   have
balanced    representation    and   shall   include   members
representing   academia,   the   composting   industry,   the
Department  of   Agriculture,   the   landscaping   industry,
environmental organizations, municipalities, and counties.
    Performance   standards   for   landscape  waste  compost
facilities shall at a minimum include:
         (1)  the management of odor;
         (2)  the management of surface water;
         (3)  contingency planning for  handling  end-product
    compost  material  that  does  not  meet  requirements of
    subsection (b);
         (4)  plans for intended purposes of end-use product;
    and
         (5)  a financial assurance plan necessary to restore
    the site as specified in Agency permit.
    (b)  By December 1, 1997, the Board shall adopt:
         (1)  performance  standards  for   landscape   waste
    compost facilities; and
         (2)  testing   procedures   and  standards  for  the
    end-product compost produced by landscape  waste  compost
    facilities.
    The   Board   shall  evaluate  the  merits  of  different
standards for end-product compost applications.
    (c)  On-site composting  that  is  used  solely  for  the
purpose  of  composting landscape waste generated on-site and
that will not be offered for off-site sale or use  is  exempt
from any standards promulgated under subsections (a) and (b).
Subsection (b)(2) shall not apply to end-product compost used
as  daily  cover  or vegetative amendment in the final layer.
Subsection (b) applies to any end-product compost offered for
sale or use in Illinois.
(Source: P.A. 87-1227; 88-690, eff. 1-24-95.)

    (415 ILCS 5/22.40)
    Sec. 22.40. Municipal solid waste landfill rules.
    (a)  In accordance with Sec. 7.2, the Board  shall  adopt
rules  that are identical in substance to federal regulations
or amendments thereto promulgated by the Administrator of the
United States Environmental Protection  Agency  to  implement
Sections  4004  and  4010  of  the  Resource Conservation and
Recovery  Act  of  1976  (P.L.  94-580)  insofar   as   those
regulations  relate  to a municipal solid waste landfill unit
program.  The Board may consolidate into a single  rulemaking
under  this  Section  all  such  federal  regulations adopted
within a period of time not to exceed 6  months.   Where  the
federal  regulations authorize the State to adopt alternative
standards,  schedules,  or  procedures  to   the   standards,
schedules,   or   procedures   contained   in   the   federal
regulations,  the  Board  may  adopt  alternative  standards,
schedules,  or  procedures  under  subsection  (b)  or retain
existing Board rules that  establish  alternative  standards,
schedules,  or  procedures that are not inconsistent with the
federal regulations.  The Board may consolidate into a single
rulemaking under this Section all  such  federal  regulations
adopted within a period of time not to exceed 6 months.
    The  provisions and requirements of Title VII of this Act
shall not apply to rules adopted under this  subsection  (a).
Section  5-35  of  the  Illinois Administrative Procedure Act
relating to the procedures for rulemaking shall not apply  to
regulations adopted under this subsection (a).
    (b)  The  Board may adopt regulations relating to a State
municipal  solid  waste  landfill  program   that   are   not
inconsistent  with the Resource Conservation and Recovery Act
of 1976 (P.L. 94-580),  or  regulations  adopted  thereunder.
Rules  adopted  under  this  subsection  shall  be adopted in
accordance with the provisions and requirements of Title  VII
of this Act and the procedures for rulemaking in Section 5-35
of the Illinois Administrative Procedure Act.
    (c)  (Blank.)  Notwithstanding  action  by the Board, and
effective October 9, 1993, only for those facilities  meeting
the   conditions  of  40  C.F.R.  258.1(e)(2)  or  40  C.F.R.
258.1(e)(3), the deadlines established in subsections  (d)(1)
and  (t),  as  added  by Public Act 88-496, of Section 21 and
subsections (a.5), (a.10), and (b) of Section 22.17  of  this
Act   are   extended   to  those  new  dates  established  in
regulations promulgated by the  United  States  Environmental
Protection  Agency  at  58 Federal Register 51536 (October 1,
1993); provided, however, no deadline for  receipt  of  solid
waste is extended past October 9, 1994.
    With  respect  to  those  facilities  that qualify for an
extension in accordance with  the  provisions  of  40  C.F.R.
258.1(e)(3),  the  Agency shall determine that the facilities
are needed to receive flood related waste  from  a  federally
designated  area within a major disaster area declared by the
President during the summer of 1993  pursuant  to  42  U.S.C.
5121 et seq.
(Source: P.A. 88-496; 88-512; 88-540.)

    (415 ILCS 5/22.43)
    Sec.  22.43. Permit modifications for lateral expansions.
The Agency may issue a  permit  modification  for  a  lateral
expansion, as defined in Section 3.275 Sec. 3.88 of this Act,
for  an existing MSWLF unit under Section Sec. 39 of this Act
on or after the effective date of this amendatory Act of 1993
to a person required to obtain  such  a  permit  modification
under subsection (t) of Section 21 of this Act.
(Source: P.A. 88-496.)

    (415 ILCS 5/22.44)
    Sec. 22.44. Subtitle D management fees.
    (a)  There is created within the State treasury a special
fund  to  be  known  as  the  "Subtitle  D  Management  Fund"
constituted  from  the fees collected by the State under this
Section.
    (b)  On and after  January  1,  1994,  the  Agency  shall
assess  and  collect  a  fee  in the amount set forth in this
subsection from  the  owner  or  operator  of  each  sanitary
landfill  permitted or required to be permitted by the Agency
to dispose of solid waste if the sanitary landfill is located
off the site where the waste was produced and if the sanitary
landfill is owned, controlled, and operated by a person other
than the generator of the waste.  The  Agency  shall  deposit
all  fees collected under this subsection into the Subtitle D
Management Fund.  If a site is  contiguous  to  one  or  more
landfills  owned  or operated by the same person, the volumes
permanently disposed of by each landfill  shall  be  combined
for purposes of determining the fee under this subsection.
         (1)  If   more   than   150,000   cubic   yards   of
    non-hazardous solid waste is permanently disposed of at a
    site  in  a  calendar  year,  the owner or operator shall
    either pay  a  fee  of  5.5  cents  per  cubic  yard  or,
    alternatively,  the  owner  or  operator  may  weigh  the
    quantity  of the solid waste permanently disposed of with
    a device for which certification has been obtained  under
    the  Weights  and  Measures Act and pay a fee of 12 cents
    per ton of waste permanently disposed of.
         (2)  If more than 100,000 cubic yards, but not  more
    than  150,000  cubic  yards,  of  non-hazardous  waste is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of $3,825.
         (3)  If more than 50,000 cubic yards, but  not  more
    than 100,000 cubic yards, of non-hazardous solid waste is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of $1,700.
         (4)  If  more  than 10,000 cubic yards, but not more
    than 50,000 cubic yards, of non-hazardous solid waste  is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of $530.
         (5)  If   not   more  than  10,000  cubic  yards  of
    non-hazardous solid waste is permanently disposed of at a
    site in a calendar year, the owner or operator shall  pay
    a fee of $110.
    (c)  The  fee under subsection (b) shall not apply to any
of the following:
         (1)  Hazardous waste.
         (2)  Pollution control waste.
         (3)  Waste from  recycling,  reclamation,  or  reuse
    processes  that have been approved by the Agency as being
    designed to remove any contaminant from wastes so  as  to
    render  the  wastes  reusable,  provided that the process
    renders at least 50% of the waste reusable.
         (4)  Non-hazardous solid waste that is received at a
    sanitary landfill and composted  or  recycled  through  a
    process permitted by the Agency.
         (5)  Any landfill that is permitted by the Agency to
    receive   only   demolition  or  construction  debris  or
    landscape waste.
    (d)  The Agency shall establish  rules  relating  to  the
collection  of  the  fees  authorized by this Section.  These
rules shall include, but not be limited to the following:
         (1)  Necessary records identifying the quantities of
    solid waste received or disposed.
         (2)  The form and submission of reports to accompany
    the payment of fees to the Agency.
         (3)  The time and manner of payment of fees  to  the
    Agency,  which  payments  shall  not  be  more often than
    quarterly.
         (4)  Procedures setting forth criteria  establishing
    when an owner or operator may measure by weight or volume
    during any given quarter or other fee payment period.
    (e)  Fees  collected  under  this  Section  shall  be  in
addition to any other fees collected under any other Section.
    (f)  The Agency shall not refund any fee paid to it under
this Section.
    (g)  Pursuant   to   appropriation,  all  moneys  in  the
Subtitle D Management Fund shall be used  by  the  Agency  to
administer   the   United   States  Environmental  Protection
Agency's Subtitle D Program provided  in  Sections  4004  and
4010  of  the  Resource Conservation and Recovery Act of 1976
(P.L. 94-580) as  it  relates  to  a  municipal  solid  waste
landfill  program  in  Illinois  and  to fund a delegation of
inspecting, investigating, and enforcement functions,  within
the  municipality only, pursuant to subsection (r) of Section
4 of this Act to a municipality having a population  of  more
than  1,000,000  inhabitants.   The  Agency  shall  execute a
delegation agreement pursuant to subsection (r) of Section  4
of  this  Act with a municipality having a population of more
than 1,000,000 inhabitants within 90 days  of  September  13,
the  effective  date of this amendatory Act of 1993 and shall
on an annual basis distribute from the Subtitle D  Management
Fund to that municipality no less than $150,000.
(Source: P.A. 90-655, eff. 7-30-98.)

    (415 ILCS 5/22.45)
    Sec.   22.45.   Subtitle  D  management  fee  exemptions;
pre-existing contracts.
    (a)  The Agency  shall  grant  exemptions  from  the  fee
requirements  of  Section  22.44  of  this  Act for permanent
disposal or transport of  solid  waste  meeting  all  of  the
following criteria:
         (1)  Permanent   disposal  of  the  solid  waste  is
    pursuant to a  written  contract  between  the  owner  or
    operator  of the sanitary landfill and some other person,
    or transport of the solid waste is pursuant to a  written
    contract between the transporter and some other person.
         (2)  The   contract   for   permanent   disposal  or
    transport of solid waste  was  lawfully  executed  on  or
    before   September   13,   the  effective  date  of  this
    amendatory Act of 1993 and by its express terms continues
    beyond January 1, 1994.
         (3)  The  contract   for   permanent   disposal   or
    transport  of  solid  waste  establishes  a  fixed fee or
    compensation, does not allow the operator or  transporter
    to  pass  the  fee through to another party, and does not
    allow voluntary  cancellation  or  renegotiation  of  the
    compensation or fee during the term of the contract.
         (4)  The contract was lawfully executed on or before
    September  13,  the effective date of this amendatory Act
    of 1993 and has not been amended at any time  after  that
    date.
    (b)  Exemptions  granted  under  this Section shall cause
the solid waste  received  by  an  owner  or  operator  of  a
sanitary  landfill pursuant to a contract exempted under this
Section to be disregarded in calculating the volume or weight
of solid waste permanently disposed of during a calendar year
under Section 22.44 of this Act.
    (c)  An owner or operator of a  sanitary  landfill  shall
keep  accurate  records and prove, to the satisfaction of the
Agency, the volume or weight of solid waste received under an
exemption during a calendar year.
    (d)  Exemptions under this Section shall expire upon  the
expiration,  renewal,  or amendment of the exempted contract,
whichever occurs first.
    (e)  For the purposes of this  Section,  the  term  "some
other person" shall only include persons that are independent
operating  entities.   For purposes of this Section, a person
is not an independent operating entity if:
         (1)  the person has any officers or  directors  that
    are  also  officers or directors of the sanitary landfill
    or transporter;
         (2)  the person is a parent corporation, subsidiary,
    or affiliate of the owner or  operator  of  the  sanitary
    landfill or transporter; or
         (3)  the  person  and  the  owner or operator of the
    sanitary landfill or transporter are owned  by  the  same
    entity.
(Source: P.A. 88-496.)

    (415 ILCS 5/22.47)
    Sec.  22.47.  School district hazardous educational waste
collection.
    (a)  The  Agency  shall  develop,  implement,  and   fund
(through  appropriations  for  that  purpose from the General
Revenue Fund) a program to collect school district  hazardous
educational  waste  from  school districts and schools in the
State.  The program shall provide for  the  availability  for
collection,  transportation,  and  appropriate  management of
hazardous educational wastes  for  each  school  district  or
school by private contractors at least every 3 years.
    (b)  A  school  district  or  school may participate in a
hazardous educational waste collection program by:
         (1)  Notifying   the   Agency   of   the   hazardous
    educational wastes used by the school district or  school
    and including the following information:
              (A)  Waste types.
              (B)  Waste volumes.
              (C)  Number of containers.
              (D)  Condition of containers.
              (E)  Location of containers.
         (2)  Maintaining  wastes in the original containers,
    if practical.
         (3)  Labeling each container if contents are known.
         (4)  Following   Agency   instructions   on    waste
    segregation,  preparation,  or  delivery  for  subsequent
    handling.
    (c)  The  Agency  shall  accept  applications from school
districts or schools throughout the year.  The  Agency  shall
designate  waste  haulers  throughout  the State qualified to
remove school district hazardous waste at the  request  of  a
school  district  or  school.   By March 1 and September 1 of
each year the Agency  shall  prepare  a  schedule  of  school
districts  or schools that have been selected for collections
over the next 6 months.  The selections shall be based on the
waste types and volumes, geographic  distribution,  order  of
application,   and   expected  costs  balanced  by  available
resources.  The Agency shall notify each selected  school  or
school  district of the date of collection and instruction on
waste preparation.
    (d)  For purposes of this Section "hazardous  educational
waste"  means a waste product that could pose a hazard during
normal storage, transportation, or disposal generated from an
instructional curriculum including laboratory wastes, expired
chemicals,  unstable  compounds,  and  toxic   or   flammable
materials.   "Hazardous  educational  waste" does not include
wastes generated as a result of building, grounds, or vehicle
maintenance, asbestos abatement,  lead  paint  abatement,  or
other non-curriculum activities.
    (e)  (Blank.) By January 1, 1997, the agency shall submit
a  report to the General Assembly on the status of the school
district  hazardous  educational  waste  collection   program
detailing   the  amounts,  types,  and  locations  of  wastes
collected, costs of the program, evaluation of  the  program,
and recommendations for future legislative actions.
    (f)  The Agency is authorized to use funds from the Solid
Waste Management Fund to implement this Section.
(Source: P.A. 89-300, eff. 1-1-96.)

    (415 ILCS 5/22.48)
    Sec.  22.48.  Non-special  waste certification; effect on
permit.
    (a)  An industrial process  waste  or  pollution  control
waste  not  within the exception set forth in subdivision (2)
of subsection (c) of Section 3.475 3.45 of this Act  must  be
managed as special waste unless the generator first certifies
in  a  signed,  dated,  written  statement  that the waste is
outside the scope of the categories listed in subdivision (1)
of subsection (c) of Section 3.475 3.45 of this Act.
    (b)  All information used to determine that the waste  is
not  a  special waste shall be attached to the certification.
The information shall include but not be limited to:
         (1)  the means by which the generator has determined
    that the waste is not a hazardous waste;
         (2)  the means by which the generator has determined
    that the waste is not a liquid;
         (3)  if the waste undergoes  testing,  the  analytic
    results  obtained  from  testing, signed and dated by the
    person responsible for completing the analysis;
         (4)  if the  waste  does  not  undergo  testing,  an
    explanation as to why no testing is needed;
         (5)  a  description  of  the  process generating the
    waste; and
         (6)  relevant Material Data Safety Sheets.
    (c)  Certification made pursuant to this Section shall be
effective from the date signed until there is a change in the
generator, in the raw  materials  used,  or  in  the  process
generating the waste.
    (d)  Certification  made  pursuant  to this Section, with
the  requisite  attachments,  shall  be  maintained  by   the
certifying generator while effective and for at least 3 years
following  a  change  in  the  generator, a change in the raw
materials used, or a change in or termination of the  process
generating  the waste.  The generator shall provide a copy of
the certification, upon request  by  the  Agency,  the  waste
hauler,  or  the operator of the facility receiving the waste
for storage, treatment, or disposal, to the party  requesting
the  copy.  If the Agency believes that the waste that is the
subject of the certification has been inaccurately  certified
to, the Agency may require the generator to analytically test
the  waste  for  the  constituent  believed to be present and
provide the Agency with a copy of the analytic results.
    (e)  A person who knowingly and falsely certifies that  a
waste  is  not  special waste is subject to the penalties set
forth in subdivision (6) of subsection (h) of Section  44  of
this Act.
    (f)  To  the  extent  that  a  term  or  condition  of an
existing permit requires the permittee to manage  as  special
waste  a  material  that  is  made  a non-special waste under
Public Act 90-502 this amendatory Act of 1997, that  term  or
condition  is hereby superseded, and the permittee may manage
that material as a non-special waste, even if the material is
identified in the permit as part of a particular waste stream
rather than identified specifically as a special waste.
(Source: P.A. 90-502, eff. 8-19-97.)

    (415 ILCS 5/25b-5) (from Ch. 111 1/2, par. 1025b-5)
    Sec. 25b-5. Review of toxic chemical status.  The  Agency
shall  periodically  review the status of toxic chemicals and
types of facilities covered under the reporting  requirements
of   Section  313  of  the  federal  Emergency  Planning  and
Community Right-to-Know Act of 1986.  On or before January 1,
1989, and after providing an opportunity for public  comment,
the  Agency  shall  submit  to  the  Governor a list of toxic
chemicals and facilities not currently covered under that Act
which it believes may pose a threat to public health and  the
environment  in  Illinois.    Within  60 days thereafter, the
Governor shall  either  petition  the  Administrator  of  the
United  States  Environmental Protection Agency to modify the
lists of chemicals and facilities currently covered  pursuant
to  Section 313 according to the Agency's recommendations, or
refer the matter back to the Agency for further consideration
in accordance with his written recommendations for change.
(Source: P.A. 85-927.)
    (415 ILCS 5/28.5) (from Ch. 111 1/2, par. 1028.5)
    (Section scheduled to be repealed on December 31, 2002.)
    Sec. 28.5.  Clean Air Act rules; fast-track.
    (a)  This Section shall apply solely to the  adoption  of
rules  proposed  by  the Agency and required to be adopted by
the State under the Clean Air Act as amended by the Clean Air
Act Amendments of 1990 (CAAA).
    (b)  This Section is repealed on December 31, 2007 2002.
    (c)  For  purposes  of  this  Section,   a   "fast-track"
rulemaking  proceeding  is  a proceeding to promulgate a rule
that the CAAA requires to be adopted.  For purposes  of  this
Section,  "requires  to  be  adopted"  refers  only  to those
regulations or parts of  regulations  for  which  the  United
States Environmental Protection Agency is empowered to impose
sanctions  against the State for failure to adopt such rules.
All fast-track rules must be  adopted  under  procedures  set
forth   in this Section, unless another provision of this Act
specifies the method for adopting a specific rule.
    (d)  When the CAAA requires rules other than identical in
substance rules to be adopted, upon request  by  the  Agency,
the  Board  shall  adopt  rules  under  fast-track rulemaking
requirements.
    (e)  The Agency shall submit  its  fast-track  rulemaking
proposal in the following form:
         (1)  The  Agency  shall file the rule in a form that
    meets the requirements  of  the  Illinois  Administrative
    Procedure Act and regulations promulgated thereunder.
         (2)  The   cover   sheet   of   the  proposal  shall
    prominently state that the rule is being  proposed  under
    this Section.
         (3)  The   proposal   shall   clearly  identify  the
    provisions  and  portions   of   the   federal   statute,
    regulations,   guidance,   policy   statement,  or  other
    documents upon which the rule is based.
         (4)  The supporting documentation for the rule shall
    summarize the basis of the rule.
         (5)  The  Agency  shall  describe  in  general   the
    alternative selected and the basis for the alternative.
         (6)  The Agency shall file a summary of economic and
    technical data upon which it relied in drafting the rule.
         (7)  The   Agency   shall  provide  a  list  of  any
    documents upon which it directly relied in  drafting  the
    rule or upon which it intends to rely at the hearings and
    shall  provide such documents to the Board. Additionally,
    the Agency shall make  such  documents  available  at  an
    appropriate  location  for  inspection and copying at the
    expense of the interested party.
         (8)  The Agency shall include in  its  submission  a
    description of the geographical area to which the rule is
    intended  to  apply,  a  description  of  the  process or
    processes affected, an identification by classes  of  the
    entities  expected  to be affected, and a list of sources
    expected to be affected by the rule to the  extent  known
    to the Agency.
    (f)  Within 14 days of receipt of the proposal, the Board
shall  file  the  rule  for  first  notice under the Illinois
Administrative Procedure Act and shall schedule all  required
hearings  on the proposal and cause public notice to be given
in accordance with the Illinois Administrative Procedure  Act
and the CAAA.
    (g)  The Board shall set 3 hearings on the proposal, each
of  which  shall  be  scheduled  to continue from day to day,
excluding weekends and  State  and  federal  holidays,  until
completed.  The Board shall require the written submission of
all  testimony  at  least  10  days  before  a  hearing, with
simultaneous service to all participants  of  record  in  the
proceeding as of 15 days prior to hearing, unless a waiver is
granted  by  the  Board  for good cause.  In order to further
expedite  the  hearings,  presubmitted  testimony  shall   be
accepted into the record without the reading of the testimony
at hearing, provided that the witness swears to the testimony
and  is  available  for questioning, and the Board shall make
every effort to conduct  the  proceedings  expeditiously  and
avoid duplication and extraneous material.
         (1)  The  first hearing shall be held within 55 days
    of receipt of the rule and shall be confined to testimony
    by and questions of the Agency's witnesses concerning the
    scope, applicability, and basis of  the  rule.  Within  7
    days after the first hearing, any person may request that
    the second hearing be held.
              (A)  If,  after  the  first hearing, the Agency
         and affected entities are in agreement on the  rule,
         the  United  States  Environmental Protection Agency
         has  not  informed  the  Board  of  any   unresolved
         objection to the rule, and no other interested party
         contests  the  rule  or  asks for the opportunity to
         present additional evidence, the  Board  may  cancel
         the  additional  hearings. When the Board adopts the
         final order under these circumstances, it  shall  be
         based  on  the Agency's proposal as agreed to by the
         parties.
              (B)  If, after the first  hearing,  the  Agency
         and  affected  entities  are  in  agreement  upon  a
         portion of the rule, the United States Environmental
         Protection  Agency has not informed the Board of any
         unresolved objections to that agreed portion of  the
         rule,  and  no  other interested party contests that
         agreed  portion  of  the  rule  or  asks   for   the
         opportunity  to  present  additional  evidence,  the
         Board  shall  proceed  to  the  second  hearing,  as
         provided  in paragraph (2) of subsection (g) of this
         Section, but the hearing shall be limited  in  scope
         to  the unresolved portion of the proposal. When the
         Board   adopts   the   final   order   under   these
         circumstances, it shall be based on such portion  of
         the Agency's proposal as agreed to by the parties.
         (2)  The   second  hearing  shall  be  scheduled  to
    commence within 30 days of the first  day  of  the  first
    hearing   and   shall   be  devoted  to  presentation  of
    testimony, documents, and comments by  affected  entities
    and all other interested parties.
         (3)  The   third   hearing  shall  be  scheduled  to
    commence within 14 days after the first day of the second
    hearing  and  shall  be  devoted  solely  to  any  Agency
    response to the material submitted at the second  hearing
    and  to any response by other parties.  The third hearing
    shall be cancelled if the Agency indicates to  the  Board
    that  it  does  not  intend  to  introduce any additional
    material.
    (h)  In any fast-track rulemaking proceeding,  the  Board
shall  accept evidence and comments on the economic impact of
any provision of the rule and  shall  consider  the  economic
impact  of the rule based on the record.  The Board may order
an economic impact study in a manner that  will  not  prevent
adoption  of  the rule within the time required by subsection
(o) of this Section.
    (i)  In all fast-track rulemakings  under  this  Section,
the  Board  shall  take  into  account  factors  set forth in
subsection (a) of Section 27 of this Act.
    (j)  The  Board  shall  adopt  rules  in  the  fast-track
rulemaking docket under the requirements of this Section that
the  CAAA  requires  to  be  adopted,  and  may  consider   a
non-required rule in a second docket that shall proceed under
Title VII of this Act.
    (k)  The  Board is directed to take whatever measures are
available  to  it  to  complete  fast-track   rulemaking   as
expeditiously  as  possible  consistent  with  the  need  for
careful consideration.  These measures shall include, but not
be  limited  to,  having hearings transcribed on an expedited
basis.
    (l)  Following the hearings, the Board  shall  close  the
record 14 days after the availability of the transcript.
    (m)  The  Board  shall  not revise or otherwise change an
Agency fast-track rulemaking proposal  without  agreement  of
the  Agency  until  after  the end of the hearing and comment
period.  Any revisions to an Agency proposal shall  be  based
on the record of the proceeding.
    (n)  All  rules  adopted  by the Board under this Section
shall be based solely on the record before it.
    (o)  The Board shall complete a fast-track rulemaking  by
adopting  a  second notice order no later than 130 days after
receipt of the proposal if no third hearing is  held  and  no
later  than  150  days  if  the third hearing is held. If the
order includes a rule, the Illinois Board shall file the rule
for second notice under the Illinois Administrative Procedure
Act within 5 days after adoption of the order.
    (p)  Upon receipt of a statement of no objection  to  the
rule  from  the  Joint Committee on Administrative Rules, the
Board shall adopt the final order and submit the rule to  the
Secretary  of  State for publication and certification within
21 days.
(Source: P.A. 90-265, eff. 7-30-97.)

    (415 ILCS 5/30) (from Ch. 111 1/2, par. 1030)
    Sec.  30.  Investigations.   The   Agency   shall   cause
investigations  to  be  made upon the request of the Board or
upon receipt of information concerning an  alleged  violation
of  this  Act  or  of  any  rule  or  regulation  promulgated
thereunder,  or  of  any  permit granted by the Agency or any
term or condition of any such permit, and  may  cause  to  be
made such other investigations as it shall deem advisable.
(Source: P.A. 78-862.)

    (415 ILCS 5/31) (from Ch. 111 1/2, par. 1031)
    Sec. 31. Notice; complaint; hearing.
    (a) (1)  Within  180 days of becoming aware of an alleged
    violation of the Act or any rule adopted under the Act or
    of a permit granted by the Agency  or  condition  of  the
    permit,  the  Agency  shall issue and serve, by certified
    mail, upon the person complained against a written notice
    informing that person that the Agency has evidence of the
    alleged violation.  At  a  minimum,  the  written  notice
    shall contain:
              (A)  notification   to  the  person  complained
         against of  the  requirement  to  submit  a  written
         response  addressing  the violations alleged and the
         option to meet with appropriate agency personnel  to
         resolve  any  alleged  violations that could lead to
         the filing of a formal complaint;
              (B)  a detailed explanation by  the  Agency  of
         the violations alleged;
              (C)  an   explanation  by  the  Agency  of  the
         actions that the Agency  believes  may  resolve  the
         alleged  violations,  including  an  estimate  of  a
         reasonable  time  period  for  the person complained
         against to complete the suggested resolution; and
              (D)  an explanation of  any  alleged  violation
         that  the Agency believes cannot be resolved without
         the  involvement  of  the  Office  of  the  Illinois
         Attorney General or  the  State's  Attorney  of  the
         county  in  which the alleged violation occurred and
         the basis for the Agency's belief.
         (2)  A written response to  the  violations  alleged
    shall  be  submitted  to  the  Agency, by certified mail,
    within 45  days  of  receipt  of  notice  by  the  person
    complained  against,  unless  the  Agency  agrees  to  an
    extension.  The written response shall include:
              (A)  information  in  rebuttal,  explanation or
         justification of each alleged violation;
              (B)  a proposed Compliance Commitment Agreement
         that includes specified  times  for  achieving  each
         commitment  and  which  may  consist  of a statement
         indicating  that  the  person   complained   against
         believes that compliance has been achieved; and
              (C)  a  request  for a meeting with appropriate
         Agency personnel if a  meeting  is  desired  by  the
         person complained against.
         (3)  If  the  person  complained  against  fails  to
    respond   in   accordance   with   the   requirements  of
    subdivision (2) of this subsection (a),  the  failure  to
    respond  shall be considered a waiver of the requirements
    of this subsection (a) and nothing in this Section  shall
    preclude   the   Agency   from   proceeding  pursuant  to
    subsection (b) of this Section.
         (4)  A meeting requested pursuant to subdivision (2)
    of  this  subsection  (a)  shall  be   held   without   a
    representative  of  the  Office  of the Illinois Attorney
    General or the State's Attorney of the  county  in  which
    the alleged violation occurred, within 60 days of receipt
    of  notice  by  the person complained against, unless the
    Agency agrees to a postponement.   At  the  meeting,  the
    Agency  shall  provide  an  opportunity  for  the  person
    complained  against to respond to each alleged violation,
    suggested resolution, and suggested  implementation  time
    frame, and to suggest alternate resolutions.
         (5)  If  a meeting requested pursuant to subdivision
    (2) of this subsection (a) is held, the person complained
    against shall, within 21 days following  the  meeting  or
    within  an  extended  time  period  as  agreed  to by the
    Agency, submit by certified mail to the Agency a  written
    response to the alleged violations.  The written response
    shall include:
              (A)  additional    information   in   rebuttal,
         explanation  or  justification   of   each   alleged
         violation;
              (B)  a proposed Compliance Commitment Agreement
         that  includes  specified  times  for achieving each
         commitment and which  may  consist  of  a  statement
         indicating   that   the  person  complained  against
         believes that compliance has been achieved; and
              (C)  a statement indicating  that,  should  the
         person   complained  against  so  wish,  the  person
         complained against chooses to rely upon the  initial
         written  response  submitted pursuant to subdivision
         (2) of this subsection (a).
         (6)  If  the  person  complained  against  fails  to
    respond  in   accordance   with   the   requirements   of
    subdivision  (5)  of  this subsection (a), the failure to
    respond shall be considered a waiver of the  requirements
    of  this subsection (a) and nothing in this Section shall
    preclude  the  Agency   from   proceeding   pursuant   to
    subsection (b) of this Section.
         (7)  Within  30  days  of  the Agency's receipt of a
    written  response  submitted  by  the  person  complained
    against pursuant to subdivision (2)  of  this  subsection
    (a), if a meeting is not requested, or subdivision (5) of
    this  subsection  (a),  if a meeting is held, or within a
    later time period as agreed to  by  the  Agency  and  the
    person  complained  against,  the  Agency shall issue and
    serve, by certified  mail,  upon  the  person  complained
    against  a  written  notice  informing  the person of its
    acceptance, rejection, or proposed  modification  to  the
    proposed  Compliance  Commitment  Agreement  as contained
    within the written response.
         (8)  Nothing in this subsection (a) is  intended  to
    require  the  Agency  to enter into Compliance Commitment
    Agreements for any  alleged  violation  that  the  Agency
    believes  cannot  be  resolved without the involvement of
    the  Office  of  the  Attorney  General  or  the  State's
    Attorney of the county in  which  the  alleged  violation
    occurred,  for,  among  other purposes, the imposition of
    statutory penalties.
         (9)  The Agency's failure to respond  to  a  written
    response  submitted  pursuant  to subdivision (2) of this
    subsection  (a),  if  a  meeting  is  not  requested,  or
    subdivision (5) of this subsection (a), if a  meeting  is
    held, within 30 days, or within the time period otherwise
    agreed  to  in  writing  by  the  Agency  and  the person
    complained against, shall be deemed an acceptance by  the
    Agency  of  the  proposed Compliance Commitment Agreement
    for the violations alleged in the written  notice  issued
    under subdivision (1) of this subsection (a) as contained
    within the written response.
         (10)  If the person complained against complies with
    the  terms  of a Compliance Commitment Agreement accepted
    pursuant to this subsection (a),  the  Agency  shall  not
    refer the alleged violations which are the subject of the
    Compliance  Commitment  Agreement  to  the  Office of the
    Illinois Attorney General or the State's Attorney of  the
    county in which the alleged violation occurred.  However,
    nothing  in  this  subsection is intended to preclude the
    Agency  from  continuing  negotiations  with  the  person
    complained against or from  proceeding  pursuant  to  the
    provisions  of subsection (b) of this Section for alleged
    violations  which  remain  the  subject  of  disagreement
    between the Agency  and  the  person  complained  against
    following   fulfillment   of  the  requirements  of  this
    subsection (a).
         (11)  Nothing in this subsection (a) is intended  to
    preclude the person complained against from submitting to
    the  Agency, by certified mail, at any time, notification
    that the person complained against consents to waiver  of
    the  requirements  of  subsections  (a)  and  (b) of this
    Section.
    (b)  For alleged violations that remain  the  subject  of
disagreement  between  the  Agency  and the person complained
against  following  fulfillment  of   the   requirements   of
subsection  (a) of this Section, and as a precondition to the
Agency's referral or request to the Office  of  the  Illinois
Attorney  General  or  the  State's Attorney of the county in
which the alleged violation occurred for legal representation
regarding an alleged violation that may be addressed pursuant
to subsection (c) or (d)  of  this  Section  or  pursuant  to
Section  42 of this Act, the Agency shall issue and serve, by
certified mail, upon the person complained against a  written
notice  informing  that  person  that  the  Agency intends to
pursue legal action.   Such notice shall  notify  the  person
complained  against of the violations to be alleged and offer
the person an opportunity to  meet  with  appropriate  Agency
personnel in an effort to resolve any alleged violations that
could  lead to the filing of a formal complaint.  The meeting
with Agency personnel shall be held within 30 days of receipt
of notice served pursuant to this subsection upon the  person
complained   against,   unless   the   Agency   agrees  to  a
postponement or the person notifies the Agency that he or she
will not appear at a meeting within the 30 day  time  period.
Nothing in this subsection is intended to preclude the Agency
from  following  the  provisions  of subsection (c) or (d) of
this Section or from requesting the legal  representation  of
the  Office  of  the Illinois Attorney General or the State's
Attorney of  the  county  in  which  the  alleged  violations
occurred  for  alleged violations which remain the subject of
disagreement between the Agency  and  the  person  complained
against   after   the   provisions  of  this  subsection  are
fulfilled.
    (c)  (1) For alleged violations which remain the  subject
    of   disagreement  between  the  Agency  and  the  person
    complained  against   following   waiver,   pursuant   to
    subdivision  (10)  of  subsection (a) of this Section, or
    fulfillment of the requirements of  subsections  (a)  and
    (b)  of this Section, the Office of the Illinois Attorney
    General or the State's Attorney of the  county  in  which
    the alleged violation occurred shall issue and serve upon
    the  person complained against a written notice, together
    with  a  formal  complaint,  which  shall   specify   the
    provision  of the Act or the rule or regulation or permit
    or term or condition thereof under which such  person  is
    said  to  be  in violation, and a statement of the manner
    in, and the extent  to  which  such  person  is  said  to
    violate  the  Act or such rule or regulation or permit or
    term or condition thereof and shall require the person so
    complained against to answer the charges of  such  formal
    complaint  at  a  hearing  before the Board at a time not
    less than 21 days after the date of notice by the  Board,
    except  as  provided  in  Section  34  of  this Act. Such
    complaint shall be accompanied by a notification  to  the
    defendant  that  financing  may be available, through the
    Illinois  Environmental  Facilities  Financing  Act,   to
    correct  such  violation.   A copy of such notice of such
    hearings shall also  be  sent  to  any  person  that  has
    complained to the Agency respecting the respondent within
    the  six  months preceding the date of the complaint, and
    to any person  in  the  county  in  which  the  offending
    activity   occurred   that   has   requested   notice  of
    enforcement proceedings; 21 days notice of such  hearings
    shall  also  be  published  in  a  newspaper  of  general
    circulation  in  such  county.  The respondent may file a
    written answer, and at such hearing the rules  prescribed
    in  Sections  32  and 33 of this Act shall apply.  In the
    case  of  actual  or  threatened  acts  outside  Illinois
    contributing to environmental  damage  in  Illinois,  the
    extraterritorial    service-of-process    provisions   of
    Sections 2-208 and 2-209 of the Code of  Civil  Procedure
    shall apply.
         With  respect  to  notices  served  pursuant to this
    subsection (c)(1) which  involve  hazardous  material  or
    wastes in any manner, the Agency shall annually publish a
    list  of all such notices served.  The list shall include
    the date the investigation commenced, the date notice was
    sent, the date the matter was referred  to  the  Attorney
    General,  if  applicable,  and  the current status of the
    matter.
         (2)  Notwithstanding the provisions  of  subdivision
    (1) of this subsection (c), whenever a complaint has been
    filed  on  behalf  of  the Agency or by the People of the
    State of Illinois, the parties may file with the Board  a
    stipulation  and proposal for settlement accompanied by a
    request for relief from  the  requirement  of  a  hearing
    pursuant  to  subdivision  (1).  Unless the Board, in its
    discretion, concludes that a hearing will  be  held,  the
    Board shall cause notice of the stipulation, proposal and
    request  for  relief to be published and sent in the same
    manner as is required for hearing pursuant to subdivision
    (1) of  this  subsection.  The  notice  shall  include  a
    statement  that  any person may file a written demand for
    hearing within 21 days after receiving the notice. If any
    person files a timely written  demand  for  hearing,  the
    Board  shall  deny  the request for relief from a hearing
    and  shall  hold  a  hearing  in  accordance   with   the
    provisions of subdivision (1).
         (3)  Notwithstanding  the  provisions of subdivision
    (1) of this subsection (c), if the Agency  becomes  aware
    of  a  violation of this Act arising from, or as a result
    of, voluntary pollution prevention activities, the Agency
    shall not proceed with the  written  notice  required  by
    subsection (a) of this Section unless:
              (A)  the person fails to take corrective action
         or   eliminate   the  reported  violation  within  a
         reasonable time; or
              (B)  the Agency  believes  that  the  violation
         poses  a  substantial  and  imminent  danger  to the
         public health or welfare or  the  environment.   For
         the  purposes  of  this  item  (B), "substantial and
         imminent danger" means a danger with a likelihood of
         serious or irreversible harm.
    (d)  Any person may file  with  the  Board  a  complaint,
meeting  the  requirements of subsection (c) of this Section,
against any person allegedly violating this Act or  any  rule
or  regulation  thereunder or any permit or term or condition
thereof.  The complainant shall immediately serve a  copy  of
such  complaint  upon  the  person  or persons named therein.
Unless  the  Board  determines   that   such   complaint   is
duplicative  duplicitous  or  frivolous,  it shall schedule a
hearing and serve written notice thereof upon the  person  or
persons  named therein, in accord with subsection (c) of this
Section.
    (e)  In hearings before the Board under  this  Title  the
burden  shall  be  on the Agency or other complainant to show
either that the respondent has caused or threatened to  cause
air or water pollution or that the respondent has violated or
threatens to violate any provision of this Act or any rule or
regulation  of  the  Board  or  permit  or  term or condition
thereof.  If such proof has been made, the burden shall be on
the respondent to  show  that  compliance  with  the  Board's
regulations   would   impose  an  arbitrary  or  unreasonable
hardship.
    (f)  The provisions of this Section shall  not  apply  to
administrative  citation actions commenced under Section 31.1
of this Act.
(Source: P.A. 88-145; 89-596, eff. 8-1-96.)

    (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
    Sec. 39. Issuance of permits; procedures.
    (a)  When the Board has by regulation required  a  permit
for  the construction, installation, or operation of any type
of facility, equipment, vehicle,  vessel,  or  aircraft,  the
applicant  shall  apply  to the Agency for such permit and it
shall be the duty of the Agency to issue such a  permit  upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of  regulations  hereunder.   The  Agency  shall  adopt  such
procedures  as  are  necessary  to carry out its duties under
this Section. In granting permits the Agency may impose  such
conditions  as may be necessary to accomplish the purposes of
this Act, and as are not inconsistent  with  the  regulations
promulgated  by  the  Board  hereunder.   Except as otherwise
provided in this Act, a bond or other security shall  not  be
required as a condition for the issuance of a permit.  If the
Agency denies any permit under this Section, the Agency shall
transmit to the applicant within the time limitations of this
Section  specific,  detailed statements as to the reasons the
permit  application  was  denied.   Such   statements   shall
include, but not be limited to the following:
         (i)  the  Sections of this Act which may be violated
    if the permit were granted;
         (ii)  the provision of the regulations,  promulgated
    under  this Act, which may be violated if the permit were
    granted;
         (iii)  the specific type  of  information,  if  any,
    which  the Agency deems the applicant did not provide the
    Agency; and
         (iv)  a statement of specific reasons  why  the  Act
    and  the  regulations might not be met if the permit were
    granted.
    If there is no final action by the Agency within 90  days
after the filing of the application for permit, the applicant
may  deem  the  permit  issued;  except that this time period
shall be extended to 180 days when (1) notice and opportunity
for public hearing are required by State or  federal  law  or
regulation,  (2)  the  application which was filed is for any
permit to develop a landfill subject to issuance pursuant  to
this subsection, or (3) the application that was filed is for
a MSWLF unit required to issue public notice under subsection
(p)  of  Section 39.  The 90-day and 180-day time periods for
the Agency to take final action do not apply to NPDES  permit
applications  under  subsection  (b) of this Section, to RCRA
permit applications under subsection (d) of this Section,  or
to  UIC  permit  applications  under  subsection  (e) of this
Section.
    The Agency shall  publish  notice  of  all  final  permit
determinations  for  development  permits for MSWLF units and
for significant permit modifications for  lateral  expansions
for  existing  MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
    After January 1, 1994 and until July 1,  1998,  operating
permits  issued  under this Section by the Agency for sources
of air pollution permitted to emit less than 25 tons per year
of any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be  required  to  be  renewed
only  upon  written  request  by  the  Agency consistent with
applicable provisions of this Act and regulations promulgated
hereunder.  Such operating  permits  shall  expire  180  days
after the date of such a request.  The Board shall revise its
regulations  for  the  existing State air pollution operating
permit program consistent with this provision by  January  1,
1994.
    After  June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution  that  are
not  subject to Section 39.5 of this Act and are not required
to have a federally enforceable State operating permit  shall
be  required  to  be renewed only upon written request by the
Agency consistent with applicable provisions of this Act  and
its  rules.   Such  operating  permits  shall expire 180 days
after the date of such a request.  Before July 1,  1998,  the
Board  shall  revise  its  rules  for  the existing State air
pollution  operating  permit  program  consistent  with  this
paragraph and shall adopt rules  that  require  a  source  to
demonstrate  that  it  qualifies  for  a  permit  under  this
paragraph.
    (b)  The Agency may issue NPDES permits exclusively under
this  subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the  Federal
Water  Pollution  Control  Act,  as now or hereafter amended,
within the jurisdiction of the State, or into any well.
    All  NPDES  permits  shall  contain   those   terms   and
conditions,   including  but  not  limited  to  schedules  of
compliance, which may be required to accomplish the  purposes
and provisions of this Act.
    The Agency may issue general NPDES permits for discharges
from  categories  of  point  sources which are subject to the
same permit limitations and conditions. Such general  permits
may  be  issued  without  individual  applications  and shall
conform to regulations promulgated under Section 402  of  the
Federal  Water  Pollution  Control  Act,  as now or hereafter
amended.
    The Agency may include, among such  conditions,  effluent
limitations  and  other  requirements  established under this
Act, Board regulations, the Federal Water  Pollution  Control
Act,  as  now  or hereafter amended, and regulations pursuant
thereto, and schedules for achieving compliance therewith  at
the earliest reasonable date.
    The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted  by  the  Board, and with the Federal Water Pollution
Control Act, as now or  hereafter  amended,  and  regulations
pursuant thereto.
    The  Agency,  subject  to  any  conditions  which  may be
prescribed by Board regulations, may issue NPDES  permits  to
allow  discharges beyond deadlines established by this Act or
by regulations of the Board  without  the  requirement  of  a
variance, subject to the Federal Water Pollution Control Act,
as   now  or  hereafter  amended,  and  regulations  pursuant
thereto.
    (c)  Except for those facilities  owned  or  operated  by
sanitary  districts  organized  under  the Metropolitan Water
Reclamation District Act, no permit for  the  development  or
construction  of  a  new  pollution  control  facility may be
granted by the Agency unless the applicant submits  proof  to
the  Agency  that  the  location  of  the  facility  has been
approved  by  the  County  Board  of  the  county  if  in  an
unincorporated  area,  or   the   governing   body   of   the
municipality  when  in  an  incorporated  area,  in which the
facility is to be located in accordance with Section 39.2  of
this Act.
    In  the  event  that  siting approval granted pursuant to
Section 39.2 has been transferred to a  subsequent  owner  or
operator,  that subsequent owner or operator may apply to the
Agency for, and  the  Agency  may  grant,  a  development  or
construction  permit  for the facility for which local siting
approval was granted. Upon application to the  Agency  for  a
development  or  construction permit by that subsequent owner
or operator, the permit applicant shall cause written  notice
of  the  permit application to be served upon the appropriate
county board or  governing  body  of  the  municipality  that
granted  siting approval for that facility and upon any party
to the siting proceeding pursuant to  which  siting  approval
was  granted.   In  that  event,  the Agency shall conduct an
evaluation  of  the  subsequent  owner  or  operator's  prior
experience in  waste  management  operations  in  the  manner
conducted under subsection (i) of Section 39 of this Act.
    Beginning  August  20,  1993,  if  the  pollution control
facility consists of a  hazardous  or  solid  waste  disposal
facility  for  which  the  proposed  site  is  located  in an
unincorporated area of a county with  a  population  of  less
than  100,000  and  includes  all or a portion of a parcel of
land that was, on April 1, 1993, adjacent to  a  municipality
having a population of less than 5,000, then the local siting
review required under this subsection (c) in conjunction with
any  permit applied for after that date shall be performed by
the governing body of that adjacent municipality rather  than
the  county board of the county in which the proposed site is
located; and for the purposes of that  local  siting  review,
any  references  in  this  Act  to  the county board shall be
deemed  to  mean  the  governing  body   of   that   adjacent
municipality;  provided, however, that the provisions of this
paragraph shall not apply to any proposed site which was,  on
April  1,  1993,  owned  in  whole  or  in  part  by  another
municipality.
    In  the  case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an
operating permit has not been issued by the Agency  prior  to
August  31,  1989  for  any portion of the facility, then the
Agency may not issue or  renew  any  development  permit  nor
issue  an  original  operating permit for any portion of such
facility unless the applicant  has  submitted  proof  to  the
Agency that the location of the facility has been approved by
the  appropriate  county  board  or  municipal governing body
pursuant to Section 39.2 of this Act.
    After  January  1,  1994,  if  a  solid  waste   disposal
facility,  any portion for which an operating permit has been
issued by the Agency, has not accepted waste disposal  for  5
or more consecutive calendars years, before that facility may
accept  any  new  or additional waste for disposal, the owner
and operator must obtain a new operating  permit  under  this
Act  for  that  facility  unless  the owner and operator have
applied to the Agency for a permit authorizing the  temporary
suspension  of  waste acceptance.  The Agency may not issue a
new operation permit under this Act for the  facility  unless
the  applicant  has  submitted  proof  to the Agency that the
location of the facility has been approved or re-approved  by
the  appropriate  county  board  or  municipal governing body
under Section 39.2 of this  Act  after  the  facility  ceased
accepting waste.
    Except for those facilities owned or operated by sanitary
districts  organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil  fuel  mining
facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning  approvals  from  the unit of government having zoning
jurisdiction over the proposed facility.
    Before beginning construction on any new sewage treatment
plant or sludge drying site to be  owned  or  operated  by  a
sanitary  district  organized  under  the  Metropolitan Water
Reclamation District Act  for which a new permit (rather than
the renewal or amendment of an existing permit) is  required,
such sanitary district shall hold a public hearing within the
municipality  within  which  the  proposed  facility is to be
located, or within the  nearest  community  if  the  proposed
facility  is  to be located within an unincorporated area, at
which information concerning the proposed facility  shall  be
made available to the public, and members of the public shall
be  given  the  opportunity to express their views concerning
the proposed facility.
    The Agency may issue  a  permit  for  a  municipal  waste
transfer  station  without  requiring  approval  pursuant  to
Section  39.2  provided  that  the following demonstration is
made:
         (1)  the municipal waste  transfer  station  was  in
    existence  on  or  before  January  1,  1979  and  was in
    continuous operation from January 1, 1979 to  January  1,
    1993;
         (2)  the  operator submitted a permit application to
    the Agency to develop and  operate  the  municipal  waste
    transfer station during April of 1994;
         (3)  the  operator  can  demonstrate that the county
    board of the county,  if  the  municipal  waste  transfer
    station  is  in  an unincorporated area, or the governing
    body of  the  municipality,  if  the  station  is  in  an
    incorporated  area,  does not object to resumption of the
    operation of the station; and
         (4)  the site has local zoning approval.
    (d)  The Agency may issue RCRA permits exclusively  under
this subsection to persons owning or operating a facility for
the  treatment,  storage,  or  disposal of hazardous waste as
defined under this Act.
    All  RCRA  permits  shall   contain   those   terms   and
conditions,   including  but  not  limited  to  schedules  of
compliance, which may be required to accomplish the  purposes
and  provisions  of  this  Act.  The Agency may include among
such conditions standards and other requirements  established
under  this Act, Board regulations, the Resource Conservation
and Recovery Act of  1976  (P.L.  94-580),  as  amended,  and
regulations  pursuant  thereto, and may include schedules for
achieving compliance therewith  as  soon  as  possible.   The
Agency  shall  require  that  a  performance  bond  or  other
security  be  provided  as  a condition for the issuance of a
RCRA permit.
    In the case of a permit to operate a hazardous  waste  or
PCB  incinerator  as defined in subsection (k) of Section 44,
the Agency shall require, as a condition of the permit,  that
the  operator  of  the  facility perform such analyses of the
waste to be incinerated as may be necessary  and  appropriate
to ensure the safe operation of the incinerator.
    The Agency shall adopt filing requirements and procedures
which  are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation  and
Recovery   Act   of  1976  (P.L.  94-580),  as  amended,  and
regulations pursuant thereto.
    The applicant shall make  available  to  the  public  for
inspection  all  documents  submitted by the applicant to the
Agency in furtherance of an application, with  the  exception
of  trade  secrets,  at  the  office  of  the county board or
governing body of the municipality.  Such  documents  may  be
copied upon payment of the actual cost of reproduction during
regular business hours of the local office.  The Agency shall
issue a written statement concurrent with its grant or denial
of the permit explaining the basis for its decision.
    (e)  The  Agency  may issue UIC permits exclusively under
this subsection to persons owning or operating a facility for
the underground injection of contaminants  as  defined  under
this Act.
    All UIC permits shall contain those terms and conditions,
including  but  not limited to schedules of compliance, which
may be required to accomplish the purposes and provisions  of
this  Act.  The  Agency  may  include  among  such conditions
standards and other requirements established under this  Act,
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
as amended, and regulations pursuant thereto, and may include
schedules  for  achieving  compliance  therewith.  The Agency
shall require that a performance bond or  other  security  be
provided as a condition for the issuance of a UIC permit.
    The Agency shall adopt filing requirements and procedures
which  are  necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe  Drinking  Water  Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
    The  applicant  shall  make  available  to the public for
inspection, all documents submitted by the applicant  to  the
Agency  in  furtherance of an application, with the exception
of trade secrets, at  the  office  of  the  county  board  or
governing  body  of  the municipality.  Such documents may be
copied upon payment of the actual cost of reproduction during
regular business hours of the local office.  The Agency shall
issue a written statement concurrent with its grant or denial
of the permit explaining the basis for its decision.
    (f)  In making any determination pursuant to Section  9.1
of this Act:
         (1)  The  Agency  shall  have  authority to make the
    determination of any question required to  be  determined
    by  the  Clean Air Act, as now or hereafter amended, this
    Act, or the  regulations  of  the  Board,  including  the
    determination  of  the  Lowest  Achievable Emission Rate,
    Maximum Achievable Control Technology, or Best  Available
    Control   Technology,   consistent   with   the   Board's
    regulations, if any.
         (2)  The  Agency  shall,  after  conferring with the
    applicant, give written notice to the  applicant  of  its
    proposed  decision on the application including the terms
    and conditions of the permit to be issued and the  facts,
    conduct or other basis upon which the Agency will rely to
    support its proposed action.
         (3)  Following  such  notice,  the Agency shall give
    the applicant an opportunity for a hearing in  accordance
    with  the  provisions  of Sections 10-25 through 10-60 of
    the Illinois Administrative Procedure Act.
    (g)  The Agency shall  include  as  conditions  upon  all
permits  issued  for  hazardous  waste  disposal  sites  such
restrictions  upon  the  future  use  of  such  sites  as are
reasonably  necessary  to  protect  public  health  and   the
environment,  including  permanent  prohibition of the use of
such sites for purposes which may create an unreasonable risk
of injury to human  health  or  to  the  environment.   After
administrative  and  judicial challenges to such restrictions
have been exhausted, the Agency shall file such  restrictions
of  record  in  the  Office  of the Recorder of the county in
which the hazardous waste disposal site is located.
    (h)  A hazardous waste stream may not be deposited  in  a
permitted  hazardous waste site unless specific authorization
is obtained from the Agency by  the  generator  and  disposal
site  owner  and  operator  for  the deposit of that specific
hazardous  waste  stream.   The  Agency  may  grant  specific
authorization for disposal of hazardous  waste  streams  only
after   the   generator  has  reasonably  demonstrated  that,
considering   technological    feasibility    and    economic
reasonableness,  the  hazardous  waste  cannot  be reasonably
recycled for reuse, nor incinerated or chemically, physically
or biologically treated so as  to  neutralize  the  hazardous
waste  and render it nonhazardous.  In granting authorization
under this Section, the Agency may impose such conditions  as
may  be  necessary  to accomplish the purposes of the Act and
are consistent with this Act and regulations  promulgated  by
the   Board  hereunder.   If  the  Agency  refuses  to  grant
authorization under this Section, the applicant may appeal as
if the Agency refused to grant  a  permit,  pursuant  to  the
provisions  of subsection (a) of Section 40 of this Act.  For
purposes of this subsection (h), the term "generator" has the
meaning given in Section 3.205 3.12 of this Act, unless:  (1)
the  hazardous  waste  is  treated, incinerated, or partially
recycled for reuse prior to disposal, in which case the  last
person  who  treats,  incinerates,  or partially recycles the
hazardous waste prior to disposal is the  generator;  or  (2)
the  hazardous waste is from a response action, in which case
the person performing the response action is  the  generator.
This  subsection  (h)  does  not apply to any hazardous waste
that is restricted from land disposal under 35 Ill. Adm. Code
728.
    (i)  Before issuing any RCRA permit or any permit  for  a
waste  storage  site, sanitary landfill, waste disposal site,
waste  transfer  station,  waste  treatment  facility,  waste
incinerator,  or  any  waste-transportation  operation,   the
Agency shall conduct an evaluation of the prospective owner's
or   operator's   prior   experience   in   waste  management
operations.  The  Agency  may  deny  such  a  permit  if  the
prospective  owner  or operator or any employee or officer of
the prospective owner or operator has a history of:
         (1)  repeated violations of federal, State, or local
    laws,  regulations,  standards,  or  ordinances  in   the
    operation of waste management facilities or sites; or
         (2)  conviction  in  this  or  another  State of any
    crime which is a felony under the laws of this State,  or
    conviction of a felony in a federal court; or
         (3)  proof  of gross carelessness or incompetence in
    handling, storing, processing, transporting or  disposing
    of waste.
    (j)  The issuance under this Act of a permit to engage in
the  surface  mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply  with
any   applicable   local  law  regulating  the  commencement,
location or operation of surface mining facilities.
    (k)  A development permit issued under subsection (a)  of
Section 39 for any facility or site which is required to have
a  permit  under subsection (d) of Section 21 shall expire at
the end of 2 calendar years from the date upon which  it  was
issued,  unless  within  that  period the applicant has taken
action to develop the facility or the site. In the event that
review of the conditions of the development permit is  sought
pursuant  to Section 40 or 41, or permittee is prevented from
commencing development of the facility or site by  any  other
litigation  beyond  the  permittee's  control,  such two-year
period shall be deemed to begin on the date upon  which  such
review  process or litigation is concluded.
    (l)  No  permit  shall be issued by the Agency under this
Act for construction or operation of  any  facility  or  site
located within the boundaries of any setback zone established
pursuant to this Act, where such construction or operation is
prohibited.
    (m)  The  Agency  may  issue permits to persons owning or
operating a  facility  for  composting  landscape  waste.  In
granting  such permits, the Agency may impose such conditions
as may be necessary to accomplish the purposes of  this  Act,
and  as  are  not  inconsistent  with  applicable regulations
promulgated by the Board.  Except as  otherwise  provided  in
this Act, a bond or other security shall not be required as a
condition for the issuance of a permit.  If the Agency denies
any  permit  pursuant  to  this  subsection, the Agency shall
transmit to the applicant within the time limitations of this
subsection specific, detailed statements as  to  the  reasons
the  permit  application  was  denied.  Such statements shall
include but not be limited to the following:
         (1)  the Sections of this Act that may  be  violated
    if the permit were granted;
         (2)  the  specific  regulations promulgated pursuant
    to this Act that may  be  violated  if  the  permit  were
    granted;
         (3)  the  specific  information,  if any, the Agency
    deems the applicant did not provide in its application to
    the Agency; and
         (4)  a statement of specific reasons why the Act and
    the regulations might be  violated  if  the  permit  were
    granted.
    If  no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued.  Any applicant for a  permit  may
waive  the  90  day  limitation by filing a written statement
with the Agency.
    The Agency shall issue permits for such  facilities  upon
receipt  of  an application that includes a legal description
of the site, a topographic map of the site drawn to the scale
of 200 feet to the inch  or  larger,  a  description  of  the
operation,  including  the  area  served,  an estimate of the
volume of materials to be processed, and documentation that:
         (1)  the facility includes a setback of at least 200
    feet from the nearest potable water supply well;
         (2)  the facility is located outside the boundary of
    the 10-year floodplain or the site will be floodproofed;
         (3)  the facility  is  located  so  as  to  minimize
    incompatibility  with  the  character  of the surrounding
    area, including at least a  200  foot  setback  from  any
    residence,  and  in  the  case  of  a  facility  that  is
    developed  or  the  permitted composting area of which is
    expanded after November 17, 1991, the composting area  is
    located  at  least  1/8  mile  from the nearest residence
    (other than a residence located on the same  property  as
    the facility);
         (4)  the  design  of  the  facility will prevent any
    compost material from being placed within 5 feet  of  the
    water  table,  will  adequately  control  runoff from the
    site, and will collect and manage any  leachate  that  is
    generated on the site;
         (5)  the  operation  of  the  facility  will include
    appropriate dust and odor control  measures,  limitations
    on  operating  hours,  appropriate noise control measures
    for shredding, chipping and similar equipment, management
    procedures for composting, containment  and  disposal  of
    non-compostable   wastes,   procedures  to  be  used  for
    terminating operations at  the  site,  and  recordkeeping
    sufficient  to document the amount of materials received,
    composted and otherwise disposed of; and
         (6)  the operation will be conducted  in  accordance
    with any applicable rules adopted by the Board.
    The  Agency  shall  issue renewable permits of not longer
than 10 years in duration for  the  composting  of  landscape
wastes,  as  defined in Section 3.155 3.70 of this Act, based
on the above requirements.
    The  operator  of  any  facility  permitted  under   this
subsection  (m) must submit a written annual statement to the
Agency on or before April 1 of each  year  that  includes  an
estimate  of  the  amount  of material, in tons, received for
composting.
    (n)  The Agency shall  issue  permits  jointly  with  the
Department  of  Transportation for the dredging or deposit of
material in Lake Michigan in accordance with  Section  18  of
the Rivers, Lakes, and Streams Act.
    (o)  (Blank.)  From  September 4, 1990 until December 31,
1993, no permit  shall  be  issued  by  the  Agency  for  the
development  or  construction of any new facility intended to
be used for the incineration  of any hazardous  waste.   This
subsection shall not apply to facilities intended for use for
combustion  of  potentially infectious medical waste, for use
as part of a State or federally designated  clean-up  action,
or  for  use  solely  for  the  conduct  of  research and the
development  and  demonstration  of  technologies   for   the
incineration of hazardous waste.
    (p) (1)  Any  person  submitting  an  application  for  a
permit  for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of  this  Act  for  an  existing
MSWLF  unit that has not received and is not subject to local
siting approval under Section 39.2 of this Act shall  publish
notice   of   the  application  in  a  newspaper  of  general
circulation in the county in which the MSWLF unit  is  or  is
proposed  to  be  located.   The  notice must be published at
least 15 days before submission of the permit application  to
the  Agency.   The notice shall state the name and address of
the applicant, the location of the  MSWLF  unit  or  proposed
MSWLF unit, the nature and size of the MSWLF unit or proposed
MSWLF unit, the nature of the activity proposed, the probable
life   of   the   proposed  activity,  the  date  the  permit
application will be submitted, and a statement  that  persons
may  file  written  comments  with  the Agency concerning the
permit application within 30 days after  the  filing  of  the
permit  application unless the time period to submit comments
is extended by the Agency.
    When a permit applicant submits information to the Agency
to supplement a permit  application  being  reviewed  by  the
Agency,  the  applicant  shall not be required to reissue the
notice under this subsection.
    (2)  The Agency shall accept written comments  concerning
the  permit  application that are postmarked no later than 30
days after the filing of the permit application,  unless  the
time period to accept comments is extended by the Agency.
    (3)  Each applicant for a permit described in part (1) of
this  subsection  shall file a copy of the permit application
with the county board or governing body of  the  municipality
in  which  the  MSWLF unit is or is proposed to be located at
the same time the application is  submitted  to  the  Agency.
The  permit  application  filed  with  the  county  board  or
governing   body   of  the  municipality  shall  include  all
documents submitted to or to  be  submitted  to  the  Agency,
except  trade secrets as determined under Section 7.1 of this
Act.  The permit application and other documents on file with
the county board or governing body of the municipality  shall
be  made  available  for  public  inspection  during  regular
business  hours  at  the  office  of  the county board or the
governing body of the municipality and  may  be  copied  upon
payment of the actual cost of reproduction.
(Source: P.A.  89-487,  eff.  6-21-96;  89-556, eff. 7-26-96;
90-14,  eff.  7-1-97;  90-367,  eff.  8-10-97;  90-537,  eff.
11-26-97; 90-655, eff 7-30-98.)

    (415 ILCS 5/39.2) (from Ch. 111 1/2, par. 1039.2)
    Sec. 39.2. Local siting review.
    (a)  The county board of the county or the governing body
of the  municipality,  as  determined  by  paragraph  (c)  of
Section  39  of  this  Act,  shall  approve or disapprove the
request for local siting approval for each pollution  control
facility  which  is subject to such review.  An applicant for
local  siting  approval  shall  submit   sufficient   details
describing  the  proposed facility to demonstrate compliance,
and local siting  approval  shall  be  granted  only  if  the
proposed facility meets the following criteria:
         (i)  the  facility  is  necessary to accommodate the
    waste needs of the area it is intended to serve;
         (ii)  the  facility  is  so  designed,  located  and
    proposed to be operated that the  public  health,  safety
    and welfare will be protected;
         (iii)  the  facility  is  located  so as to minimize
    incompatibility with the  character  of  the  surrounding
    area  and  to  minimize  the  effect  on the value of the
    surrounding property;
         (iv) (A)  for  a  facility  other  than  a  sanitary
    landfill or waste disposal site, the facility is  located
    outside  the  boundary of the 100 year flood plain or the
    site is flood-proofed; (B)  for  a  facility  that  is  a
    sanitary landfill or waste disposal site, the facility is
    located  outside the boundary of the 100-year floodplain,
    or if the facility is a facility described in  subsection
    (b)(3) of Section 22.19a, the site is flood-proofed;
         (v)  the  plan  of  operations  for  the facility is
    designed to minimize the danger to the  surrounding  area
    from fire, spills, or other operational accidents;
         (vi)  the  traffic  patterns to or from the facility
    are so designed as to minimize  the  impact  on  existing
    traffic flows;
         (vii)  if  the facility will be treating, storing or
    disposing of hazardous waste, an emergency response  plan
    exists  for  the  facility  which  includes notification,
    containment and evacuation procedures to be used in  case
    of an accidental release;
         (viii)  if the facility is to be located in a county
    where   the  county  board  has  adopted  a  solid  waste
    management plan consistent with the planning requirements
    of the Local Solid Waste Disposal Act or the Solid  Waste
    Planning  and  Recycling  Act, the facility is consistent
    with that plan; and
         (ix)  if the  facility  will  be  located  within  a
    regulated  recharge  area,  any  applicable  requirements
    specified by the Board for such areas have been met.
    The   county   board   or   the  governing  body  of  the
municipality may  also  consider  as  evidence  the  previous
operating  experience  and  past  record  of  convictions  or
admissions of violations of the applicant (and any subsidiary
or parent corporation) in the field of solid waste management
when considering criteria (ii) and (v) under this Section.
    (b)  No  later  than 14 days before the date on which the
county board or governing body of the  municipality  receives
prior  to a request for site location approval, the applicant
shall cause written notice  of  such  request  to  be  served
either  in  person  or  by  registered  mail,  return receipt
requested, on the owners of all property within  the  subject
area  not solely owned by the applicant, and on the owners of
all property within 250 feet in each  direction  of  the  lot
line  of the subject property, said owners being such persons
or entities which appear from the authentic  tax  records  of
the County in which such facility is to be located; provided,
that  the  number  of  all feet occupied by all public roads,
streets, alleys and other public ways shall  be  excluded  in
computing the 250 feet requirement; provided further, that in
no  event  shall  this requirement exceed 400 feet, including
public streets, alleys and other public ways.
    Such written notice shall also be served upon members  of
the  General  Assembly from the legislative district in which
the proposed facility is located and shall be published in  a
newspaper  of  general circulation published in the county in
which the site is located.
    Such notice shall state  the  name  and  address  of  the
applicant,  the location of the proposed site, the nature and
size of the development, the nature of the activity proposed,
the probable life of the proposed activity, the date when the
request  for  site  approval  will  be   submitted,   and   a
description  of  the  right  of  persons  to  comment on such
request as hereafter provided.
    (c)  An applicant shall file a copy of its  request  with
the  county  board of the county or the governing body of the
municipality in which the  proposed  site  is  located.   The
request  shall  include  (i) the substance of the applicant's
proposal and (ii) all documents, if any, submitted as of that
date to the  Agency  pertaining  to  the  proposed  facility,
except  trade secrets as determined under Section 7.1 of this
Act.  All such documents or other materials on file with  the
county  board  or governing body of the municipality shall be
made available for public inspection at  the  office  of  the
county  board  or  the governing body of the municipality and
may  be  copied  upon  payment  of   the   actual   cost   of
reproduction.
    Any person may file written comment with the county board
or   governing   body  of  the  municipality  concerning  the
appropriateness  of  the  proposed  site  for  its   intended
purpose.    The   county  board  or  governing  body  of  the
municipality  shall  consider   any   comment   received   or
postmarked  not later than 30 days after the date of the last
public hearing.
    (d)  At least one public hearing is to  be  held  by  the
county  board or governing body of the municipality no sooner
than 90 days but no later than 120 days  after  the  date  on
which  it  received  from  receipt  of  the  request for site
approval.  No later than  14  days  prior  to  such  hearing,
notice   shall   be  published  in  a  newspaper  of  general
circulation published in the county of the proposed site, and
delivered by certified mail to all  members  of  the  General
Assembly  from  the  district  in  which the proposed site is
located, to the governing  authority  of  every  municipality
contiguous   to  the  proposed  site  or  contiguous  to  the
municipality in which the proposed site is to be located,  to
the  county board of the county where the proposed site is to
be located, if  the  proposed  site  is  located  within  the
boundaries  of a municipality, and to the Agency.  Members or
representatives of the governing authority of a  municipality
contiguous   to  the  proposed  site  or  contiguous  to  the
municipality in which the proposed  site  is  to  be  located
and,  if  the  proposed  site  is  located in a municipality,
members or representatives of the county board of a county in
which the proposed site is to be located may  appear  at  and
participate in public hearings held pursuant to this Section.
The  public hearing shall develop a record sufficient to form
the basis of  appeal  of  the  decision  in  accordance  with
Section  40.1  of  this  Act.   The fact that a member of the
county board  or  governing  body  of  the  municipality  has
publicly  expressed  an opinion on an issue related to a site
review proceeding shall not preclude the member  from  taking
part in the proceeding and voting on the issue.
    (e)  Decisions  of  the county board or governing body of
the municipality are to be in writing, specifying the reasons
for the decision, such reasons  to  be  in  conformance  with
subsection  (a)  of this Section.  In granting approval for a
site the county board or governing body of  the  municipality
may impose such conditions as may be reasonable and necessary
to  accomplish  the  purposes  of this Section and as are not
inconsistent with regulations promulgated by the Board.  Such
decision shall be available  for  public  inspection  at  the
office   of  the  county  board  or  governing  body  of  the
municipality and may be copied upon  payment  of  the  actual
cost  of  reproduction.   If  there is no final action by the
county board or governing body of the municipality within 180
days after the date  on  which  it  received  filing  of  the
request for site approval, the applicant may deem the request
approved.
    At  any  time prior to completion by the applicant of the
presentation of  the  applicant's  factual  evidence  and  an
opportunity  for  cross-questioning  by  the  county board or
governing body of the municipality and any participants,  the
applicant may file not more than one amended application upon
payment  of  additional  fees  pursuant to subsection (k); in
which case the time limitation for final action set forth  in
this  subsection  (e)  shall  be  extended  for an additional
period of 90 days.
    If, prior to making a  final  local  siting  decision,  a
county   board  or  governing  body  of  a  municipality  has
negotiated and entered into a host agreement with  the  local
siting  applicant,  the  terms  and  conditions  of  the host
agreement, whether written or oral, shall  be  disclosed  and
made  a  part  of  the  hearing  record for that local siting
proceeding.  In the case of an oral agreement, the disclosure
shall be made in  the  form  of  a  written  summary  jointly
prepared  and submitted by the county board or governing body
of the  municipality  and  the  siting  applicant  and  shall
describe the terms and conditions of the oral agreement.
    (e-5)  Siting  approval obtained pursuant to this Section
is transferable and may be transferred to a subsequent  owner
or  operator.   In  the  event  that siting approval has been
transferred  to  a  subsequent  owner   or   operator,   that
subsequent owner or operator assumes and takes subject to any
and  all  conditions imposed upon the prior owner or operator
by the county board of the county or governing  body  of  the
municipality  pursuant  to subsection (e).  However, any such
conditions imposed pursuant to this Section may  be  modified
by agreement between the subsequent owner or operator and the
appropriate  county board or governing body.  Further, in the
event that siting approval obtained pursuant to this  Section
has  been transferred to a subsequent owner or operator, that
subsequent  owner  or  operator  assumes   all   rights   and
obligations  and  takes  the  facility subject to any and all
terms and conditions of any existing host  agreement  between
the  prior owner or operator and the appropriate county board
or governing body.
    (f)  A local siting approval granted under  this  Section
shall  expire  at  the  end of 2 calendar years from the date
upon which it was granted, unless the local  siting  approval
granted  under  this  Section  is  for  a  sanitary  landfill
operation, in which case the approval shall expire at the end
of  3 calendar years from the date upon which it was granted,
and  unless  within  that  period  the  applicant  has   made
application  to  the Agency for a permit to develop the site.
In  the  event  that  the  local  siting  decision  has  been
appealed, such expiration period shall be deemed to begin  on
the date upon which the appeal process is concluded.
    Except as otherwise provided in this subsection, upon the
expiration  of  a  development permit under subsection (k) of
Section 39, any associated local siting approval granted  for
the facility under this Section shall also expire.
    If  a  first  development  permit  for  a municipal waste
incineration facility expires under subsection (k) of Section
39 after September 30, 1989 due to circumstances  beyond  the
control   of  the  applicant,  any  associated  local  siting
approval granted for the facility under this Section  may  be
used  to  fulfill  the local siting approval requirement upon
application for a second  development  permit  for  the  same
site,  provided  that  the proposal in the new application is
materially  the  same,  with  respect  to  the  criteria   in
subsection (a) of this Section, as the proposal that received
the  original siting approval, and application for the second
development permit is made before January 1, 1990.
    (g)  The siting approval procedures, criteria and  appeal
procedures provided for in this Act for new pollution control
facilities shall be the exclusive siting procedures and rules
and   appeal   procedures  for  facilities  subject  to  such
procedures. Local zoning or other local land use requirements
shall not be applicable to such siting decisions.
    (h)  Nothing in this Section shall apply to any  existing
or   new   pollution  control  facility  located  within  the
corporate limits of a municipality with a population of  over
1,000,000.
    (i)  (Blank.)  The  Department  shall  make  a  study  of
technical  considerations  relating  to  the  siting  of  new
pollution  control  facilities. Such study shall include, but
need not be limited to, a determination of the  geologic  and
hydrologic  conditions  in  the  State  most suitable for the
siting of such facilities, the establishment of a  data  base
on  such  conditions in Illinois, and recommendations for the
establishment of technical guidelines and criteria to be used
in making such siting decisions.  The Department shall report
such study and recommendations to the General  Assembly,  the
Governor,  the  Board and the public no later than October 1,
1984.
    The  Board  shall  adopt  regulations  establishing   the
geologic  and hydrologic siting criteria necessary to protect
usable groundwater resources which are to be followed by  the
Agency in its review of permit applications for new pollution
control  facilities.  Such regulations, insofar as they apply
to new pollution  control  facilities  authorized  to  store,
treat or dispose of any hazardous waste, shall be at least as
stringent  as  the  requirements of the Resource Conservation
and Recovery Act and any State or federal regulations adopted
pursuant thereto.
    (j)  Any new pollution control facility which  has  never
obtained  local  siting approval under the provisions of this
Section shall be required to obtain  such  approval  after  a
final decision on an appeal of a permit denial.
    (k)  A  county  board or governing body of a municipality
may charge applicants for siting review under this Section  a
reasonable  fee  to  cover the reasonable and necessary costs
incurred by such county or municipality in the siting  review
process.
    (l)  The  governing Authority as determined by subsection
(c) of Section 39 of this Act may request the  Department  of
Transportation  to perform traffic impact studies of proposed
or  potential  locations  for  required   pollution   control
facilities.
    (m)  An applicant may not file a request for local siting
approval  which  is substantially the same as a request which
was disapproved pursuant to a finding against  the  applicant
under  any  of criteria (i) through (ix) of subsection (a) of
this Section within the preceding 2 years.
    (n)  In any review proceeding of a decision of the county
board or governing body of a municipality  made  pursuant  to
the local siting review process, the petitioner in the review
proceeding  shall  pay to the county or municipality the cost
of  preparing  and  certifying  the  record  of  proceedings.
Should the petitioner in the review proceeding fail  to  make
payment, the provisions of Section 3-109 of the Code of Civil
Procedure shall apply.
    In  the  event  the  petitioner is a citizens' group that
participated in the siting proceeding and is so located as to
be affected by the proposed facility, such  petitioner  shall
be  exempt  from paying the costs of preparing and certifying
the record.
    (o)  Notwithstanding any other provision of this Section,
a transfer station  used  exclusively  for  landscape  waste,
where  landscape  waste  is held no longer than 24 hours from
the time it was received, is not subject to the  requirements
of  local  siting approval under this Section, but is subject
only to local zoning approval.
(Source: P.A. 90-217,  eff.  1-1-98;  90-409,  eff.  8-15-97;
90-503,  eff.  8-19-97;  90-537,  eff. 11-26-97; 90-655, eff.
7-30-98; 91-588, eff. 8-14-99.)
    (415 ILCS 5/39.3) (from Ch. 111 1/2, par. 1039.3)
    Sec. 39.3. Hazardous waste facilities.
    (a)  The  provisions  of  this  Section  apply   to   any
application  for  a permit under the Solid Waste Rules of the
Board's Rules and Regulations  to  develop  a  new  pollution
control  facility for the disposal of hazardous waste, and to
any application to modify the development of an existing site
or facility which would allow the disposal of hazardous waste
for the first time.  The requirements of this Section are  in
addition to any other procedures as may be required by law.
    (b)  Any  application  for  a  permit  under this Section
shall be made to the Agency,  and  shall  be  accompanied  by
proof that notice of the application has been served upon the
Attorney  General,  the  State's Attorney and the Chairman of
the County Board of the  county  in  which  the  facility  is
proposed  to  be located, each member of the General Assembly
from the  legislative  district  in  which  the  facility  is
proposed  to  be located, and the clerk of each municipality,
any portion of which is within three miles of the boundary of
the facility.  Upon the  request  of  any  person  upon  whom
notice is required to be served, the applicant shall promptly
furnish  a  copy  of the application to the person making the
request.
    (c) (i)  Not  more  than  90  days  after  receipt  of  a
complete application for a permit  under  this  Section,  the
Agency   shall   give   public   notice  of  its  preliminary
determination to either issue or deny the permit,  and  shall
give  notice  of the opportunity for a public hearing on that
preliminary  determination  under  this  Section.   Upon  the
request of the permit applicant, or of any other  person  who
is admitted as a party pursuant to subsection (d), the Agency
shall schedule a public hearing pursuant to subsection (e).
    (ii)  The Agency notice shall be published in a newspaper
of  general  circulation  in  the county in which the site is
proposed to be located, and shall be served upon the Attorney
General, the State's Attorney and the Chairman of the  County
Board  of  the county in which the facility is proposed to be
located,  each  member  of  the  General  Assembly  from  the
legislative district in which the facility is proposed to  be
located,  and  the clerk of each municipality, any portion of
which is within three miles of the boundary of the facility.
    (iii)  The contents, form, and manner of service  of  the
Agency  notice  shall  conform to the requirements of Section
10-25 of the Illinois Administrative Procedure Act.
    (d)  Within 60 days after the date of the  Agency  notice
required  by  subsection  (c) of this Section, any person who
may be adversely affected by an Agency decision on the permit
application may petition the Agency to intervene  before  the
Agency as a party.  The petition to intervene shall contain a
short  and  plain  statement  identifying  the petitioner and
stating the  petitioner's  interest.   The  petitioner  shall
serve the petition upon the applicant for the permit and upon
any  other  persons who have petitioned to intervene.  Unless
the  Agency  determines  that  the  petition  is  duplicative
duplicitous or frivolous, it shall admit the petitioner as  a
party.
    (e) (i)  Not  less  than  60  days nor more than 180 days
after the date of the Agency notice  required  by  subsection
(c)  of  this  Section,  the Agency shall commence the public
hearing required by this Section.
    (ii)  The public hearing and other  proceedings  required
by  this  Section  shall  be conducted in accordance with the
provisions  concerning  contested  cases  of   the   Illinois
Administrative Procedure Act.
    (iii)  The  public  hearing required by this Section may,
with the concurrence of the Agency, the permit applicant  and
the  County  Board of the county or the governing body of the
municipality, be conducted jointly with  the  public  hearing
required by Section 39.2 of this Act.
    (iv)  All documents submitted to the Agency in connection
with  the public hearing shall be reproduced and filed at the
office  of  the  county  board  or  governing  body  of   the
municipality  and  may  be  copied upon payment of the actual
cost of reproduction.
    (f)  Within sixty days of the completion  of  the  public
hearing  required  by  this Section the Agency shall render a
final decision either granting or denying the permit.
    (g)  The Agency shall adopt such procedural rules as  may
be  necessary  and  appropriate to carry out its duties under
this Section which are not inconsistent with the requirements
of this Section.   In  adopting  such  procedural  rules  the
Agency shall follow the requirements concerning rulemaking of
the Illinois Administrative Procedure Act.
    (h)  This  Section  shall  not apply to permits issued by
the Agency pursuant to authority delegated  from  the  United
States pursuant to the Resource Conservation and Recovery Act
of  1976, P.L. 94-580, as amended, or the Safe Drinking Water
Act, P.L. 93-523, as amended.
(Source: P.A. 90-655, eff. 7-30-98.)

    (415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)
    Sec. 40. Appeal of permit denial.
    (a) (1)  If the Agency refuses to grant  or  grants  with
conditions  a  permit  under  Section  39  of  this  Act, the
applicant may, within 35 days after the  date  on  which  the
Agency  served  its decision on the applicant, petition for a
hearing before the Board  to  contest  the  decision  of  the
Agency.   However,  the  35-day  period for petitioning for a
hearing may be extended for an additional a  period  of  time
not to exceed 90 days by written notice provided to the Board
from  the  applicant and the Agency within the initial appeal
period.  The Board shall give 21 day notice to any person  in
the  county  where  is  located the facility in issue who has
requested notice  of  enforcement  proceedings  and  to  each
member  of the General Assembly in whose legislative district
that installation or property is located; and  shall  publish
that  21  day notice in a newspaper of general circulation in
that county.  The Agency shall appear as respondent  in  such
hearing.   At such hearing the rules prescribed in Section 32
and subsection (a) of Section 33 of this Act shall apply, and
the burden of proof shall be on the petitioner.  If, however,
the Agency issues an NPDES permit that imposes  limits  which
are  based  upon  a  criterion  or denies a permit based upon
application of a criterion, then the Agency  shall  have  the
burden  of going forward with the basis for the derivation of
those limits  or  criterion  which  were  derived  under  the
Board's rules.
    (2)  Except  as provided in paragraph (a)(3), if there is
no final action by the Board within 120 days after  the  date
on  which  it  received the petition, the petitioner may deem
the permit issued under this  Act,  provided,  however,  that
that period of 120 days shall not run for any period of time,
not  to  exceed  30  days,  during which the Board is without
sufficient membership to constitute the  quorum  required  by
subsection (a) of Section 5 of this Act, and provided further
that  such  120  day  period  shall not be stayed for lack of
quorum beyond 30 days  regardless  of  whether  the  lack  of
quorum  exists  at  the  beginning  of such 120 day period or
occurs during the running of such 120 day period.
    (3)  Paragraph (a)(2) shall not apply to any permit which
is subject to subsection (b), (d) or (e) of Section  39.   If
there  is  no final action by the Board within 120 days after
the date on which it received the  petition,  the  petitioner
shall  be  entitled  to  an Appellate Court order pursuant to
subsection (d) of Section 41 of this Act.
    (b)  If the Agency grants a RCRA permit for  a  hazardous
waste  disposal  site,  a  third party, other than the permit
applicant or Agency, may, within 35 days after  the  date  on
which  the  Agency  issued  its  decision, petition the Board
within 35 days for a hearing to contest the issuance  of  the
permit.    Unless  the Board determines that such petition is
duplicative duplicitous or frivolous, or that the  petitioner
is  so  located  as  to  not  be  affected  by  the permitted
facility, the Board shall hear  the  petition  in  accordance
with  the  terms  of  subsection  (a) of this Section and its
procedural rules governing denial appeals, such hearing to be
based exclusively on  the  record  before  the  Agency.   The
burden  of  proof shall be on the petitioner.  The Agency and
the permit applicant shall be named co-respondents.
    The provisions of this subsection do  not  apply  to  the
granting of permits issued for the disposal or utilization of
sludge from publicly-owned sewage works.
    (c)  Any party to an Agency proceeding conducted pursuant
to  Section  39.3 of this Act may petition as of right to the
Board for review of the Agency's decision within 35 days from
the date of issuance of the Agency's decision, provided  that
such  appeal  is  not  duplicative  duplicitous or frivolous.
However, the 35-day period for petitioning for a hearing  may
be  extended  by  the  applicant  for a period of time not to
exceed 90 days by written notice provided to the  Board  from
the  applicant  and  the  Agency  within  the  initial appeal
period.  If another person with standing to appeal wishes  to
obtain  an extension, there must be a written notice provided
to the Board by that person, the Agency, and  the  applicant,
within  the initial appeal period.  The decision of the Board
shall be based exclusively on  the  record  compiled  in  the
Agency  proceeding.   In  other  respects  the Board's review
shall be conducted in accordance with subsection (a) of  this
Section  and  the  Board's  procedural rules governing permit
denial appeals.
    (d)  In reviewing the denial or any condition of a permit
issued by  the  Agency  pursuant  to  rules  and  regulations
adopted  under subsection (c) of Section 9.1 of this Act, the
decision of the Board  shall  be  based  exclusively  on  the
record before the Agency including the record of the hearing,
if  any,  held  pursuant  to  paragraph  (f)(3) of Section 39
unless the parties agree to supplement the record. The  Board
shall,  if  it  finds  the  Agency  is in error, make a final
determination as to the substantive limitations of the permit
including a final determination of Lowest Achievable Emission
Rate or Best Available Control Technology.
    (e) (1)  If the Agency grants or denies  a  permit  under
    subsection  (b) of Section 39 of this Act, a third party,
    other than the permit applicant or Agency,  may  petition
    the Board within 35 days from the date of issuance of the
    Agency's  decision, for a hearing to contest the decision
    of the Agency.
         (2)  A petitioner shall include the following within
    a  petition  submitted  under  subdivision  (1)  of  this
    subsection:
              (A)  a demonstration that the petitioner raised
         the issues contained within the petition during  the
         public notice period or during the public hearing on
         the  NPDES  permit  application, if a public hearing
         was held; and
              (B)  a demonstration that the petitioner is  so
         situated   as   to  be  affected  by  the  permitted
         facility.
         (3)  If the Board determines that  the  petition  is
    not  duplicative  duplicitous or frivolous and contains a
    satisfactory demonstration under subdivision (2) of  this
    subsection,  the  Board  shall  hear  the petition (i) in
    accordance with the  terms  of  subsection  (a)  of  this
    Section  and its procedural rules governing permit denial
    appeals and (ii) exclusively on the basis of  the  record
    before  the  Agency.  The burden of proof shall be on the
    petitioner.  The Agency and  permit  applicant  shall  be
    named co-respondents.
    (f)  Any  person  who  files  a  petition  to contest the
issuance of a permit by the Agency shall pay a filing fee.
(Source: P.A. 90-274, eff. 7-30-97.)

    (415 ILCS 5/40.1) (from Ch. 111 1/2, par. 1040.1)
    Sec. 40.1. Appeal of siting approval.
    (a)  If the county board or the  governing  body  of  the
municipality, as determined by paragraph (c) of Section 39 of
this Act, refuses to grant or grants with conditions approval
under  Section 39.2 of this Act, the applicant may, within 35
days after the date  on  which  the  local  siting  authority
disapproved  or conditionally approved siting, petition for a
hearing before the Board  to  contest  the  decision  of  the
county  board or the governing body of the municipality.  The
Board shall publish 21 day  notice  of  the  hearing  on  the
appeal  in  a  newspaper  of general circulation published in
that county.  The county  board  or  governing  body  of  the
municipality  shall appear as respondent in such hearing, and
such hearing shall be based exclusively on the record  before
the  county  board or the governing body of the municipality.
At such hearing the rules prescribed in Sections  32  and  33
(a) of this Act shall apply, and the burden of proof shall be
on  the petitioner; however, no new or additional evidence in
support  of  or  in  opposition  to   any   finding,   order,
determination  or decision of the appropriate county board or
governing body of the municipality  shall  be  heard  by  the
Board.   In  making  its orders and determinations under this
Section the Board shall  include  in  its  consideration  the
written  decision  and reasons for the decision of the county
board  or  the  governing  body  of  the  municipality,   the
transcribed record of the hearing held pursuant to subsection
(d)  of  Section  39.2,  and  the fundamental fairness of the
procedures used by the county board or the governing body  of
the  municipality  in reaching its decision.  The Board shall
transmit a copy of its decision to the office of  the  county
board or governing body of the municipality where it shall be
available  for  public  inspection and copied upon payment of
the actual cost of reproduction.  If there is no final action
by the Board within 120 days  after  the  date  on  which  it
received  the  petition,  the  petitioner  may  deem the site
location approved; provided, however, that that period of 120
days shall not run for any period of time, not to  exceed  30
days, during which the Board is without sufficient membership
to  constitute  the  quorum  required  by  subsection  (a) of
Section 5 of this Act, and provided further,  that  such  120
day  period  shall not be stayed for lack of quorum beyond 30
days regardless of whether the lack of quorum exists  at  the
beginning of such 120 day period or occurs during the running
of such 120 day period.
    (b)  If  the  county  board  or the governing body of the
municipality as determined by paragraph (c) of Section 39  of
this  Act,  grants approval under Section 39.2 of this Act, a
third party other than the applicant who participated in  the
public  hearing  conducted  by  the county board or governing
body of the municipality may, petition the  Board  within  35
days  after  the  date  on  which  the local siting authority
granted siting approval, petition the Board for a hearing  to
contest  the  approval  of  the county board or the governing
body of the municipality.  Unless the Board  determines  that
such  petition  is  duplicative  duplicitous or frivolous, or
that the petitioner is so located as to not  be  affected  by
the  proposed  facility, the Board shall hear the petition in
accordance with the terms of subsection (a) of  this  Section
and  its  procedural  rules  governing  denial  appeals, such
hearing to be based exclusively on the record  before  county
board  or the governing body of the municipality.  The burden
of proof shall be on the petitioner.  The county board or the
governing body of the municipality and the applicant shall be
named as co-respondents.
    The Board shall transmit a copy of its  decision  to  the
office   of  the  county  board  or  governing  body  of  the
municipality  where  it  shall  be   available   for   public
inspection  and may be copied upon payment of the actual cost
of reproduction.
    (c)  Any  person  who  files  a  petition  to  contest  a
decision of  the  county  board  or  governing  body  of  the
municipality shall pay a filing fee.
(Source: P.A. 85-1331.)

    (415 ILCS 5/40.2) (from Ch. 111 1/2, par. 1040.2)
    Sec. 40.2. Application of review process.
    (a)  Subsection  (a)  of Section 40 does not apply to any
permit which is subject  to  Section  39.5.   If  the  Agency
refuses  to  grant  or grants with conditions a CAAPP permit,
makes a determination of incompleteness regarding a submitted
CAAPP application, or fails to act on an  application  for  a
CAAPP  permit,  permit renewal, or permit revision within the
time specified in paragraph 5(j) of Section 39.5 of this Act,
the applicant, any person  who  participated  in  the  public
comment  process  pursuant to subsection 8 of Section 39.5 of
this Act, or any  other  person  who  could  obtain  judicial
review  a  hearing before the Board pursuant to Section 41(a)
of this Act, may, within 35 days after final  permit  action,
petition  for  a  hearing  before  the  Board  to contest the
decision of the  Agency.   However,  the  35-day  period  for
petitioning  for  a  hearing may be extended by the applicant
for an additional a period of time not to exceed 90  days  by
written  notice  provided to the Board from the applicant and
the Agency within the  initial  appeal  period.   If  another
person with standing to appeal wishes to obtain an extension,
there  must be a written notice provided to the Board by that
person, the Agency, and the  applicant,  within  the  initial
appeal  period.   Notwithstanding the preceding requirements,
petitions  for  a  hearing  before  the  Board   under   this
subsection may be filed after the 35-day period, only if such
petitions  are  based  solely  on  grounds  arising after the
35-day period expires.  Such petitions shall be filed  within
35 days after the new grounds for review arise.  If the final
permit  action  being  challenged  is the Agency's failure to
take final action, a petition for a hearing before the  Board
shall  be  filed before the Agency denies or issues the final
permit.
    The Agency shall appear as respondent  in  such  hearing.
At such hearing the rules prescribed in Sections 32 and 33(a)
of  this Act shall apply, and the burden of proof shall be on
the petitioner.
    (b)  The Agency's failure to take final action within  90
days  of  receipt  of  an application requesting minor permit
modification  procedures  (or  180  days  for   modifications
subject   to  group  processing  requirements),  pursuant  to
subsection 14 of  Section  39.5,  will  be  subject  to  this
Section and Section 41 of this Act.
    (c)  If  there is no final action by the Board within 120
days after the date on which it received  the  petition,  the
permit  shall  not  be  deemed issued; rather, the petitioner
shall be entitled to an Appellate  Court  order  pursuant  to
Section  41(d) of this Act.  The period of 120 days shall not
run for any period of time, not to  exceed  30  days,  during
which   the   Board   is  without  sufficient  membership  to
constitute the quorum required by subsection (a) of Section 5
of this Act; the 120 day period shall not be stayed for  lack
of  quorum  beyond 30 days, regardless of whether the lack of
quorum exists at the beginning  of  the  120  day  period  or
occurs during the running of the 120 day period.
    (d)  Any person who files a petition to contest the final
permit  action  by  the Agency under this Section shall pay a
filing fee.
    (e)  The Agency shall notify USEPA, in  writing,  of  any
petition  for  hearing brought under this Section involving a
provision or denial of a Phase II acid rain permit within  30
days  of the filing of the petition. USEPA may intervene as a
matter of right in any such hearing. The Agency shall  notify
USEPA, in writing, of any determination or order in a hearing
brought   under  this  Section  that  interprets,  voids,  or
otherwise relates to any portion of  a  Phase  II  acid  rain
permit.
(Source: P.A. 91-357, eff. 7-29-99.)

    (415 ILCS 5/45) (from Ch. 111 1/2, par. 1045)
    Sec. 45. Injunctive and other relief.
    (a)  No   existing  civil  or  criminal  remedy  for  any
wrongful action shall be excluded or impaired  by  this  Act.
Nothing  in this Act shall be construed to limit or supersede
the provisions of the Illinois Oil and Gas Act and the powers
therein granted to prevent the intrusion of water  into  oil,
gas  or  coal  strata  and  to prevent the pollution of fresh
water supplies by oil, gas or salt water or oil field wastes,
except that water quality  standards  as  set  forth  by  the
Pollution Control Board apply to and are effective within the
areas  covered  by  and  affected  by  permits  issued by the
Department of Natural Resources.  However, if the  Department
of Natural Resources fails to act upon any complaint within a
period  of  10  working  days  following  the  receipt  of  a
complaint  by  the  Department,  the Environmental Protection
Agency may proceed under the provisions of this Act.
    (b)  Any person adversely affected in fact by a violation
of this Act, any rule or regulation adopted under  this  Act,
or  any  permit  or  term  or  condition  of  a permit, or of
regulations adopted thereunder may sue for injunctive  relief
against  such  violation.    However,  except  as provided in
subsection (d), no action shall be brought under this Section
until 30 days after the plaintiff has been denied  relief  by
the Board in a proceeding brought under subsection (d) (b) of
Section  31  of  this  Act.   The  prevailing  party shall be
awarded costs and reasonable attorneys' fees.
    (c)  Nothing in Section 39.4 of this Act shall limit  the
authority of the Agency to proceed with enforcement under the
provisions of this Act for violations of terms and conditions
of  an  endorsed  agrichemical  facility  permit, an endorsed
lawncare containment  permit,  or  this  Act  or  regulations
hereunder caused or threatened by an agrichemical facility or
a  lawncare  wash water containment area, provided that prior
notice is  given  to  the  Department  of  Agriculture  which
provides   that  Department  an  opportunity  to  respond  as
appropriate.
    (d)  If the State brings an action under this Act against
a person with an interest in real  property  upon  which  the
person  is  alleged  to  have  allowed  open  dumping or open
burning by a third party in  violation  of  this  Act,  which
action  seeks  to compel the defendant to remove the waste or
otherwise clean up the site, the defendant may, in the manner
provided by law for third-party complaints,  bring  in  as  a
third-party  defendant  a  person  who  with actual knowledge
caused or contributed to the illegal  open  dumping  or  open
burning,  or  who  is or may be liable for all or part of the
removal and cleanup costs.  The court may include any of  the
parties  which  it determines to have, with actual knowledge,
allowed, caused or contributed to the illegal open dumping or
open burning in any order that it may issue to compel removal
of the waste and cleanup of the site, and may  apportion  the
removal  and  cleanup  costs  among such parties, as it deems
appropriate. However, a person may not seek  to  recover  any
fines or civil penalties imposed upon him under this Act from
a  third-party  defendant  in  an  action  brought under this
subsection.
(Source: P.A. 91-357, eff. 7-29-99.)

    (415 ILCS 5/49) (from Ch. 111 1/2, par. 1049)
    Sec. 49.  Proceedings  governed  by  Act;  compliance  as
defense.
    (a)  (Blank.)  Until the Board and the Agency established
by  this  Act  has  been  appointed  and  taken  office,  the
functions assigned to the Board and to the  Agency  shall  be
performed  by  the  members  of  the  existing  Air Pollution
Control Board and Sanitary Water Board and by the  Department
of Public Health.
    (b)  All  proceedings  respecting  acts  done  before the
effective date of this Act shall be determined in  accordance
with  the  law and regulations in force at the time such acts
occurred.  All proceedings instituted for actions taken after
the effective date of  this  Act  (July  1,  1970)  shall  be
governed by this Act.
    (c)  (Blank.)  All  rules  and  regulations  of  the  Air
Pollution  Control  Board,  the  Sanitary Water Board, or the
Department of Public Health  relating  to  subjects  embraced
within  this  Act shall remain in full force and effect until
repealed, amended, or superseded by  regulations  under  this
Act.
    (d)  (Blank.)    All    orders    entered,   permits   or
certifications granted, and pending proceedings instituted by
the Air Pollution Control Board, the Sanitary Water Board, or
the Department of Public Health relating to subjects embraced
within this Act shall remain in full force and  effect  until
superseded by actions taken under this Act.
    (e)  Compliance    with   the   rules   and   regulations
promulgated by the Board under this Act  shall  constitute  a
prima  facie  defense  to  any  action,  legal, equitable, or
criminal, or an administrative proceeding for a violation  of
this Act, brought by any person.
(Source: P.A. 76-2429.)

    (415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)
    Sec. 55. Prohibited activities.
    (a)  No person shall:
         (1)  Cause  or allow the open dumping of any used or
    waste tire.
         (2)  Cause or allow the open burning of any used  or
    waste tire.
         (3)  Except  at  a  tire storage site which contains
    more than 50 used tires, cause or allow  the  storage  of
    any  used  tire  unless the tire is altered, reprocessed,
    converted,   covered,   or   otherwise   prevented   from
    accumulating water.
         (4)  Cause or allow the operation of a tire  storage
    site except in compliance with Board regulations.
         (5)  Abandon,  dump  or dispose of any used or waste
    tire on private or public property, except in a  sanitary
    landfill  approved  by the Agency pursuant to regulations
    adopted by the Board.
         (6)  Fail to submit required reports,  tire  removal
    agreements, or Board regulations.
    (b)  (Blank.) Beginning July 1, 1994 through December 31,
1994,  no  person shall knowingly mix any whole used or waste
tire with municipal waste, and no  owner  or  operator  of  a
sanitary  landfill  shall accept any whole used or waste tire
for final disposal, except that  such  tires  when  separated
from  other  waste  may  be  accepted  if:  (1)  the sanitary
landfill  provides  and  maintains  a  means  for  shredding,
slitting or chopping such tires and so treats all such  tires
prior to disposal; and (2) the sanitary landfill implements a
program to actively seek alternative uses for the tire scraps
so as to minimize the need for on-site disposal, including at
a  minimum participation in the Illinois Industrial Materials
Exchange Service to communicate the availability of the  tire
scraps,  and consultation with the Department of Commerce and
Community Affairs regarding the status of regional  marketing
of  tire  scraps  to  facilities  for  reuse, reprocessing or
converting.  Such alternative uses may also  include  on-site
practices such as lining of roadways with tire scraps.
    (b-1)  Beginning   January   1,  1995,  no  person  shall
knowingly mix any used or waste tire, either  whole  or  cut,
with  municipal waste, and no owner or operator of a sanitary
landfill shall accept  any  used  or  waste  tire  for  final
disposal;  except  that  used  or waste tires, when separated
from other waste,  may  be  accepted  if:  (1)  the  sanitary
landfill  provides  and  maintains  a  means  for  shredding,
slitting,  or  chopping whole tires and so treats whole tires
and, if approved by the Agency in a permit issued under  this
Act, uses the used or waste tires for alternative uses, which
may include on-site practices such as lining of roadways with
tire  scraps,  alternative  daily cover, or use in a leachate
collection system  or  (2)  the  sanitary  landfill,  by  its
notification  to   the Illinois Industrial Materials Exchange
Service, makes  available  the  used  or  waste  tire  to  an
appropriate  facility for reuse, reprocessing, or converting,
including use as an alternate energy  fuel.   If,  within  30
days  after notification to the Illinois Industrial Materials
Exchange Service of  the  availability  of  waste  tires,  no
specific  request  for the used or waste tires is received by
the sanitary landfill, and the sanitary  landfill  determines
it  has no alternative use for those used or waste tires, the
sanitary landfill may dispose of slit, chopped,  or  shredded
used  or  waste tires in the sanitary landfill.  In the event
the  physical  condition  of  a  used  or  waste  tire  makes
shredding, slitting, chopping, reuse, reprocessing, or  other
alternative  use  of  the  used  or waste tire impractical or
infeasible, then the sanitary landfill,  after  authorization
by  the  Agency,  may  accept  the  used  or  waste  tire for
disposal.
    Sanitary   landfills   and    facilities    for    reuse,
reprocessing,  or  converting,  including  use as alternative
fuel, shall (i)  notify  the  Illinois  Industrial  Materials
Exchange  Service  of the availability of and demand for used
or waste tires  and  (ii)  consult  with  the  Department  of
Commerce  and  Community  Affairs  regarding  the  status  of
marketing of waste tires to facilities for reuse.
    (c)  On  or  before  January  1,  1990,  any  person  who
operates  a  tire  storage site or a tire disposal site which
contains more than 50 used or waste tires shall  give  notice
of  such activity to the Agency.  Any person engaging in such
activity for the first time after January 1, 1990, shall give
notice to the  Agency  within  30  days  after  the  date  of
commencement  of the activity.  The form of such notice shall
be  specified  by  the  Agency  and  shall  be   limited   to
information regarding the following:
         (1)  the name and address of the owner and operator;
         (2)  the   name,   address   and   location  of  the
    operation;
         (3)  the type of operations involving used and waste
    tires (storage, disposal, conversion or processing); and
         (4)  the number of used and waste tires  present  at
    the location.
    (d)  Beginning  January 1, 1992, no person shall cause or
allow the operation of:
         (1)  a tire storage site which contains more than 50
    used tires, unless the owner or operator, by  January  1,
    1992   (or   the  January  1  following  commencement  of
    operation, whichever is later) and January 1 of each year
    thereafter, (i) registers the site with the Agency,  (ii)
    certifies  to  the Agency that the site complies with any
    applicable standards adopted by  the  Board  pursuant  to
    Section  55.2,  (iii) reports to the Agency the number of
    tires accumulated, the status of vector controls, and the
    actions taken to handle and process the tires,  and  (iv)
    pays  the  fee  required  under subsection (b) of Section
    55.6; or
         (2)  a tire  disposal  site,  unless  the  owner  or
    operator  (i) has received approval from the Agency after
    filing a tire removal agreement pursuant to Section 55.4,
    or  (ii)  has  entered  into  a  written   agreement   to
    participate  in a consensual removal action under Section
    55.3.
    The Agency shall provide written  forms  for  the  annual
registration and certification required under this subsection
(d).
    (e)  No   person   shall  cause  or  allow  the  storage,
disposal, treatment or processing of any used or  waste  tire
in  violation  of  any  regulation or standard adopted by the
Board.
    (f)  No person shall arrange for  the  transportation  of
used  or  waste tires away from the site of generation with a
person known to openly dump such tires.
    (g)  No person shall engage in any operation as a used or
waste  tire  transporter  except  in  compliance  with  Board
regulations.
    (h)  No person shall cause or allow the combustion of any
used or waste tire in an enclosed device unless a permit  has
been   issued  by  the  Agency  authorizing  such  combustion
pursuant to regulations adopted by the Board for the  control
of  air  pollution  and  consistent  with  the  provisions of
Section 9.4 of this Act.
    (i)  No person shall cause or allow the use of pesticides
to treat tires except as prescribed by Board regulations.
    (j)  No person shall fail to comply with the terms  of  a
tire  removal  agreement  approved  by the Agency pursuant to
Section 55.4.
(Source: P.A. 88-690, eff. 1-24-95; 89-445, eff. 2-7-96.)

    (415 ILCS 5/56.1) (from Ch. 111 1/2, par. 1056.1)
    Sec. 56.1. Acts prohibited.
    (A)  No person shall:
    (a)  Cause or  allow  the  disposal  of  any  potentially
infectious  medical  waste.   Sharps  may  be disposed in any
landfill permitted by the Agency under Section 21 of this Act
to accept municipal waste for disposal, if both:
         (1)  the infectious potential  has  been  eliminated
    from the sharps by treatment; and
         (2)  the  sharps  are  packaged  in  accordance with
    Board regulations.:
              (A)  Board regulations; or
              (B)  subsection (b)(2), until Board regulations
         relating to the packaging of potentially  infectious
         medical waste are adopted and effective.
    (b)  Cause  or  allow  the  delivery  of  any potentially
infectious medical waste for transport,  storage,  treatment,
or transfer except in accordance with Board regulations.:
         (1)  Board regulations; or
         (2)  the following, until Board regulations relating
    to  the packaging of potentially infectious medical waste
    are adopted and effective:
              (A)  All potentially infectious  medical  waste
         shall  be  placed  in a container or containers that
         are (i) rigid; (ii) leak-resistant; (iii) impervious
         to  moisture;  (iv)  of  a  strength  sufficient  to
         prevent tearing or bursting under normal  conditions
         of  use  and  handling;  and  (v)  sealed to prevent
         leakage during transport.
              (B)  In  addition  to   the   requirements   of
         subsection   (b)(2)(A),   sharps   and  sharps  with
         residual fluids shall be packaged in packaging  that
         is puncture-resistant.
              (C)  Oversized  potentially  infectious medical
         waste need not be placed in containers.
    (c)  Beginning July 1, 1992, cause or allow the  delivery
of  any  potentially  infectious medical waste to a person or
facility for storage, treatment, or transfer  that  does  not
have  a  permit  issued  by the agency to receive potentially
infectious medical waste, unless no permit is required  under
subsection (g)(1).
    (d)  Beginning  July 1, 1992, cause or allow the delivery
or transfer of any potentially infectious medical  waste  for
transport unless:
         (1)  the  transporter  has  a  permit  issued by the
    Agency to transport potentially infectious medical waste,
    or the transporter is exempt from the permit  requirement
    set forth in subsection (f)(l).
         (2)  a potentially infectious medical waste manifest
    is  completed  for  the  waste  if a manifest is required
    under subsection (h).
    (e)  Cause or allow the  acceptance  of  any  potentially
infectious  medical waste for purposes of transport, storage,
treatment,  or  transfer  except  in  accordance  with  Board
regulations.:
         (1)  Board regulations; or
         (2)  The following, until Board regulations relating
    to the packaging and storage  of  potentially  infectious
    medical waste are adopted and effective:
              (A)  All  potentially  infectious medical waste
         shall be placed in a container  or  containers  that
         are (i) rigid; (ii) leak-resistant; (iii) impervious
         to  moisture;  (iv)  of  a  strength  sufficient  to
         prevent  tearing or bursting under normal conditions
         of use and  handling;  and  (v)  sealed  to  prevent
         leakage during transport.
              (B)  In   addition   to   the  requirements  of
         subsection  (b)(2)(A),  sharps   and   sharps   with
         residual  fluids shall be packaged in packaging that
         is puncture-resistant.
              (C)  Oversized potentially  infectious  medical
         waste need not be placed in containers.
              (D)  Any    person   who   stores   potentially
         infectious  medical  waste  prior  to  treatment  or
         disposal on-site or transport off-site  must  comply
         with all of the following storage requirements:
                   (i)  Store   the   potentially  infectious
              medical waste in a  manner  and  location  that
              maintains  the  integrity  of the packaging and
              provides protection from water, rain, and wind.
                   (ii)  Maintain the potentially  infectious
              medical  waste  in a nonputrescent state, using
              refrigeration when necessary.
                   (iii)  Lock  the  outdoor  storage   areas
              containing potentially infectious medical waste
              to prevent unauthorized access.
                   (iv)  Limit   access  to  on-site  storage
              areas to authorized employees.
                   (v)  Store  the   potentially   infectious
              medical   waste   in   a  manner  that  affords
              protection from animals and does not provide  a
              breeding place or a food source for insects and
              rodents.
    (f)  Beginning  July  1,  1992,  conduct  any potentially
infectious medical waste transportation operation:
         (1)  Without  a  permit  issued  by  the  Agency  to
    transport potentially infectious medical waste. No permit
    is required under this provision (f)(1) for:
              (A)  a    person    transporting    potentially
         infectious medical waste generated  solely  by  that
         person's activities;
              (B)  noncommercial  transportation of less than
         50 pounds of potentially infectious medical waste at
         any one time; or
              (C)  the U.S. Postal Service.
         (2)  In violation of any  condition  of  any  permit
    issued by the Agency under this Act.
         (3)  In  violation  of any regulation adopted by the
    Board.
         (4)  In violation of any order adopted by the  Board
    under this Act.
    (g)  Beginning  July  1,  1992,  conduct  any potentially
infectious medical  waste  treatment,  storage,  or  transfer
operation:
         (1)  without  a  permit  issued  by  the Agency that
specifically authorizes the treatment, storage,  or  transfer
of  potentially  infectious  medical  waste.   No  permit  is
required under this subsection (g) for any:
              (A)  Person conducting a potentially infectious
         medical   waste   treatment,  storage,  or  transfer
         operation for potentially infectious  medical  waste
         generated  by  the  person's own activities that are
         treated, stored,  or  transferred  within  the  site
         where  the  potentially  infectious medical waste is
         generated.
              (B)  Hospital that treats, stores, or transfers
         only potentially infectious medical waste  generated
         by  its  own activities or by members of its medical
         staff.
         (2)  in violation of any  condition  of  any  permit
    issued by the Agency under this Act.
         (3)  in  violation  of any regulation adopted by the
    Board.
         (4)  In violation of any order adopted by the  Board
    under this Act.
    (h)  Transport   potentially   infectious  medical  waste
unless  the  transporter  carries  a  completed   potentially
infectious  medical  waste  manifest. No manifest is required
for the transportation of:
         (1)  potentially  infectious  medical  waste   being
    transported  by  generators  who  generated  the waste by
    their own activities,  when  the  potentially  infectious
    medical  waste  is transported within or between sites or
    facilities owned, controlled, or operated by that person;
         (2)  less than 50 pounds of  potentially  infectious
    medical  waste  at  any  one  time  for  a  noncommercial
    transportation activity; or
         (3)  potentially  infectious  medical  waste  by the
    U.S. Postal Service.
    (i)  Offer  for   transportation,   transport,   deliver,
receive  or  accept  potentially infectious medical waste for
which a manifest is required, unless the  manifest  indicates
that  the  fee  required   under Section 56.4 of this Act has
been paid.
    (j)  Beginning January 1,  1994,  conduct  a  potentially
infectious   medical   waste   treatment   operation   at  an
incinerator in existence on the effective date of this  Title
in  violation  of  emission  standards  established for these
incinerators under Section 129 of the Clean Air Act  (42  USC
7429), as amended.
    (B) (k)  In making its orders and determinations relative
to penalties, if any, to be imposed for violating subdivision
(A)(a)  of  this  Section  56.1(a) of this Act, the Board, in
addition to the factors in Sections 33(c) and 42(h)  of  this
Act,  or  the Court shall take into consideration whether the
owner or  operator  of  the  landfill  reasonably  relied  on
written statements from the person generating or treating the
waste  that  the  waste is not potentially infectious medical
waste.
(Source: P.A. 87-752; 87-1097.)

    (415 ILCS 5/56.2) (from Ch. 111 1/2, par. 1056.2)
    Sec. 56.2. Regulations.
    (a)  No later than July 1, 1993, the  Board  shall  adopt
regulations   in  accordance  with  Title  VII  of  this  Act
prescribing design and operating standards and  criteria  for
all  potentially infectious medical waste treatment, storage,
and transfer facilities.  At  a  minimum,  these  regulations
shall  require  treatment  of  potentially infectious medical
waste at a facility that:
         (1)  eliminates  the  infectious  potential  of  the
    waste;
         (2)  prevents compaction and rupture  of  containers
    during handling operations;
         (3)  disposes  of  treatment residuals in accordance
    with this Act and regulations adopted thereunder;
         (4)  provides for quality assurance programs;
         (5)  provides for periodic testing using  biological
    testing,   where  appropriate,  that  demonstrate  proper
    treatment of the waste;
         (6)  provides   for    assurances    that    clearly
    demonstrate that potentially infectious medical waste has
    been properly treated; and
         (7)  is  in  compliance  with  all Federal and State
    laws  and   regulations   pertaining   to   environmental
    protection.
    (b)  Until  the  effective  date of the Board regulations
adopted  under  subsection  (a),   each   applicant   for   a
potentially  infectious  medical waste treatment permit shall
prove that the facility will not cause a violation of the Act
or of regulations adopted  thereunder,  and  prove  that  the
facility  meets  the  requirements  set  forth in subsections
(a)(1) through (a)(7).  After the effective date of the Board
regulations adopted under subsection (a), each applicant  for
a potentially infectious medical waste treatment permit shall
prove that the facility will not cause a violation of the Act
or of regulations adopted thereunder.
    (c)  No  later  than  July 1, 1993, the Board shall adopt
regulations  in  accordance  with  Title  VII  of  this   Act
prescribing   standards   and   criteria   for  transporting,
packaging, segregating,  labeling,  and  marking  potentially
infectious medical waste.
    (d)  In  accord with Title VII of this Act, no later than
January 1, 1992, the Board shall repeal Subpart I of 35  Ill.
Adm. Code 809.
    (e)  No later than January 1, 1992, the Board shall adopt
rules  that  are  identical  in  substance  to  the  list  of
etiologic agents identified as Class 4 agents as set forth in
"Classification of Etiological Agents on the Basis of Hazard,
1974",  published by the Centers for Disease Control.  If the
Centers for Disease Control amends the listing  of  etiologic
agents   identified  as  Class  4  agents  as  set  forth  in
"Classification of Etiological Agents on the Basis of Hazard,
1974", the Board shall adopt  rules  that  are  identical  in
substance  to  the  amended  list  within  180 days after the
Centers for Disease Control's amendment. The  provisions  and
requirements  of  Title  VII  of  this Act shall not apply to
rules adopted under this subsection (e).  Section  5  of  the
Illinois   Administrative   Procedure  Act  relating  to  the
procedures for rulemaking shall not apply  to  rules  adopted
under this subsection (e).
    (f)  In  accord with Title VII of this Act, the Board may
adopt regulations to promote the purposes of this Title.  The
regulations prescribed in subsection (a), (c), and (e)  shall
not limit the generality of this authority.
(Source: P.A. 87-752; 87-1097.)

    (415 ILCS 5/57.7)
    Sec.  57.7.  Leaking  underground storage tanks; physical
soil   classification,   groundwater   investigation,    site
classification, and corrective action.
    (a)  Physical   soil   classification   and   groundwater
investigation.
         (1)  Prior   to   conducting   any   physical   soil
    classification  and  groundwater investigation activities
    required by statute or regulation, the owner or  operator
    shall  prepare  and submit to the Agency for the Agency's
    approval or modification:
                   (A)  a physical  soil  classification  and
              groundwater   investigation  plan  designed  to
              determine site  classification,  in  accordance
              with  subsection  (b)  of this Section, as High
              Priority, Low Priority, or No Further Action.
                   (B)  a  request  for  payment   of   costs
              associated  with eligible early action costs as
              provided  in  Section  57.6(b).   However,  for
              purposes of payment  for  early  action  costs,
              fill  materials  shall  not  be  removed  in an
              amount in excess of 4  feet  from  the  outside
              dimensions of the tank.
         (2)  If  the  owner  or  operator  intends  to  seek
    payment  from  the Fund, prior to conducting any physical
    soil   classification   and   groundwater   investigation
    activities required by statute or regulation,  the  owner
    or  operator  shall submit to the Agency for the Agency's
    approval or   modification a physical soil classification
    and groundwater investigation budget which includes,  but
    is  not limited to, an accounting of all costs associated
    with the implementation and completion  of  the  physical
    soil classification and groundwater investigation plan.
         (3)  Within  30  days  of completion of the physical
    soil classification or groundwater  investigation  report
    the owner or operator shall submit to the Agency:
              (A)  all   physical   soil  classification  and
         groundwater investigation results; and
              (B)  a certification by a Licensed Professional
         Engineer  of  the  site's  classification  as   High
         Priority,  Low  Priority,  or  No  Further Action in
         accordance with subsection (b) of  this  Section  as
         High Priority, Low Priority, or No Further Action.
    (b)  Site Classification.
         (1)  After   evaluation   of   the   physical   soil
    classification  and  groundwater  investigation  results,
    when  required,  and  general  site information, the site
    shall  be  classified  as  "No  Further   Action",   "Low
    Priority",  or  "High Priority" based on the requirements
    of this Section.  Site classification shall be determined
    by a Licensed Professional Engineer  in  accordance  with
    the   requirements   of   this  Title  and  the  Licensed
    Professional Engineer shall submit a certification to the
    Agency of the site classification.  The  Agency  has  the
    authority  to  audit  site  classifications and reject or
    modify any  site  classification  inconsistent  with  the
    requirements of this Title.
         (2)  Sites  shall be classified as No Further Action
    if the criteria in subparagraph (A) are satisfied:
              (A)(i)  The  site  is  located   in   an   area
         designated  D, E, F and G on the Illinois Geological
         Survey  Circular  (1984)   titled   "Potential   for
         Contamination  of  Shallow Aquifers in Illinois," by
         Berg, Richard C., et al.;
              (ii)  A site evaluation under the direction  of
         a   Licensed   Professional  Engineer  verifies  the
         physical   soil   classification   conditions    are
         consistent  with  those  indicated  on  the Illinois
         Geological Survey Circular (1984) titled  "Potential
         for  Contamination of Shallow Aquifers in Illinois,"
         by Berg, Richard C., et al.; and
              (iii)  The conditions identified in subsections
         (b)(3)(B), (C), (D), and (E) do not exist.
              (B)  Groundwater investigation  monitoring  may
         be  required  to  confirm  that  a  site  meets  the
         criteria  of  a  No  Further  Action site. The Board
         shall adopt rules setting forth the  criteria  under
         which  the  Agency  may  exercise  its discretionary
         authority to require investigations and the  minimum
         field requirements for conducting investigations.
         (3)  Sites  shall  be classified as High Priority if
    any of the following are met:
              (A)  The site is located in an area  designated
         A1,  A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3, C4,
         or C5 on the  Illinois  Geological  Survey  Circular
         (1984)   titled   "Potential  for  Contamination  of
         Shallow Aquifers in Illinois," by Berg, Richard  C.,
         et  al.;  a site evaluation under the direction of a
         Licensed Professional Engineer verifies the physical
         soil classifications conditions are consistent  with
         those  indicated  on  the Illinois Geological Survey
         Circular    (1984)    entitled    "Potential     for
         Contamination  of  Shallow Aquifers in Illinois," by
         Berg, Richard C., et al.; and  the  results  of  the
         physical   soil   classification   and   groundwater
         investigation  indicate that an applicable indicator
         contaminant   groundwater   quality   standard    or
         groundwater  objective  has  been  exceeded  at  the
         property   boundary   line  or  200  feet  from  the
         excavation, whichever is less as  a  consequence  of
         the underground storage tank release.
              (B)  The underground storage tank is within the
         minimum  or  maximum setback zone of a potable water
         supply well or regulated recharge area of a  potable
         water supply well.
              (C)  There is evidence that, through natural or
         manmade  pathways,  migration of petroleum or vapors
         threaten human health or human safety or  may  cause
         explosions   in  basements,  crawl  spaces,  utility
         conduits, storm or sanitary sewers, vaults or  other
         confined spaces.
              (D)  Class  III  special  resource  groundwater
         exists within 200 feet of the excavation.
              (E)  A surface water body is adversely affected
         by  the  presence of a visible sheen or free product
         layer as the result of an underground  storage  tank
         release.
         (4)  Sites  shall  be  classified as Low Priority if
    all of the following are met:
              (A)  The site does not meet any of the criteria
         for classification as a High Priority Site.
              (B) (i)  The site is located in area designated
         A1, A2, A3, A4, A5, AX, B1, B2, BX, C1, C2, C3,  C4,
         C5 on the Illinois Geological Survey Circular (1984)
         entitled  "Potential  for  Contamination  of Shallow
         Aquifers in Illinois," by Berg, Richard C., et  al.;
         and
              (ii)  a  site evaluation under the direction of
         a  Licensed  Professional  Engineer   verifies   the
         physical    soil   classification   conditions   are
         consistent with  those  indicated  on  the  Illinois
         Geological  Survey Circular (1984) titled "Potential
         for Contamination of Shallow Aquifers in  Illinois,"
         by Berg, Richard C., et al.; and
              (iii)  the   results   of   the  physical  soil
         classification and groundwater investigation do  not
         indicate   an   applicable   indicator   contaminant
         groundwater    quality   standard   or   groundwater
         objective has been exceeded at the property boundary
         line or 200 feet from the underground storage  tank,
         whichever is less.
         (5)  In  the  event the results of the physical soil
    classification and any required groundwater investigation
    reveal that the actual site geologic characteristics  are
    different than those indicated by the Illinois Geological
    Survey    Circular    (1984)    titled   "Potential   for
    Contamination of Shallow Aquifers in Illinois"  by  Berg,
    Richard  C.,  et al., classification of the site shall be
    determined    using    the    actual    site     geologic
    characteristics.
         (6)  For  purposes  of physical soil classification,
    the  Board  is  authorized  to  prescribe  by  regulation
    alternatives to use of  the  Illinois  Geological  Survey
    Circular  (1984)  titled  "Potential for Contamination of
    Shallow Aquifers in Illinois" by Berg, Richard C., et al.
    (c)  Corrective Action.
         (1)  High Priority Site.
              (A)  Prior to  performance  of  any  corrective
         action,  beyond  that  required  by Section 57.6 and
         subsection (a) of Section  57.7  of  this  Act,  the
         owner  or  operator  shall prepare and submit to the
         Agency for the Agency's approval or  modification  a
         corrective  action  plan  designed  to  mitigate any
         threat  to  human  health,  human  safety   or   the
         environment  resulting  from the underground storage
         tank release.
              (B)  If the owner or operator intends  to  seek
         payment  from  the Fund, prior to performance of any
         corrective action beyond that  required  by  Section
         57.6  and  subsection (a) of Section 57.7, the owner
         or operator shall  submit  to  the  Agency  for  the
         Agency's   approval  or  modification  a  corrective
         action  plan  budget  which  includes,  but  is  not
         limited to, an accounting of  all  costs  associated
         with   the  implementation  and  completion  of  the
         corrective action plan.
              (C)  The corrective action plan shall do all of
         the following:
                   (i)  Provide  that  applicable   indicator
              contaminant  groundwater  quality  standards or
              groundwater objectives will not be exceeded  in
              groundwater  at  the  property boundary line or
              200 feet  from  the  excavation,  whichever  is
              less, or other level if approved by the Agency,
              for   any   contaminant   identified   in   the
              groundwater    investigation   after   complete
              performance of the corrective action plan.
                   (ii)  Provide  that  Class   III   special
              resource   groundwater  quality  standards  for
              Class III special resource  groundwater  within
              200 feet of the excavation will not be exceeded
              as  a  result  of  the underground storage tank
              release   for   any    indicator    contaminant
              identified  in  the  groundwater  investigation
              after  complete  performance of the  corrective
              action plan.
                   (iii)  Remediate  threats   due   to   the
              presence  or   migration,  through  natural  or
              manmade     pathways,     of    petroleum    in
              concentrations sufficient to harm human  health
              or  human  safety  or  to  cause  explosions in
              basements,  crawl  spaces,  utility   conduits,
              storm  or  sanitary  sewers,  vaults  or  other
              confined spaces.
                   (iv)  Remediate threats to a potable water
              supply.
                   (v)  Remediate  threats to a surface water
              body.
              (D)  Within  30  days  of  completion  of   the
         corrective  action,  the  owner  or  operator  shall
         submit  to  the Agency such a completion report that
         includes a description of the corrective action plan
         and a description  of  the  corrective  action  work
         performed  and  all  analytical  or sampling results
         derived from performance of  the  corrective  action
         plan.
              (E)  The  Agency  shall  issue  to the owner or
         operator  a  no  further   remediation   letter   in
         accordance   with   Section  57.10  if  all  of  the
         following are met:
                   (i)  The  corrective   action   completion
              report   demonstrates   that:   (a)  applicable
              indicator   contaminant   groundwater   quality
              standards or  groundwater  objectives  are  not
              exceeded  at  the property boundary line or 200
              feet from the excavation, whichever is less, as
              a  result  of  the  underground  storage   tank
              release    for    any   indicator   contaminant
              identified in  the  groundwater  investigation;
              (b)  Class III special use resource groundwater
              quality standards, for Class  III  special  use
              resource  groundwater  within  200  feet of the
              underground storage tank, are not exceeded as a
              result of the underground storage tank  release
              for   any   contaminant   identified   in   the
              groundwater  investigation; (c) the underground
              storage tank release does  not  threaten  human
              health  or  human safety due to the presence or
              migration, through natural or manmade pathways,
              of  petroleum  or   hazardous   substances   in
              concentrations  sufficient to harm human health
              or human  safety  or  to  cause  explosions  in
              basements,   crawl  spaces,  utility  conduits,
              storm  or  sanitary  sewers,  vaults  or  other
              confined spaces; (d)  the  underground  storage
              tank  release  does  not  threaten  any surface
              water body; and  (e)  the  underground  storage
              tank  release  does  not  threaten  any potable
              water supply.
                   (ii)  The owner or operator submits to the
              Agency  a   certification   from   a   Licensed
              Professional  Engineer  that the work described
              in the approved corrective action plan has been
              completed and that the information presented in
              the  corrective  action  completion  report  is
              accurate and complete.
         (2)  Low Priority Site.
              (A)  Corrective action at a low  priority  site
         must  include groundwater monitoring consistent with
         part (B) of this paragraph (2).
              (B)  Prior  to  implementation  of  groundwater
         monitoring, the owner or operator shall prepare  and
         submit  to  the Agency a groundwater monitoring plan
         and, if  the  owner  or  operator  intends  to  seek
         payment under this Title, an associated budget which
         includes, at a minimum, all of the following:
                   (i)  Placement  of  groundwater monitoring
              wells at the property line, or at 200 feet from
              the excavation which ever is  closer,  designed
              to provide the greatest likelihood of detecting
              migration of groundwater contamination.
                   (ii)  Quarterly groundwater sampling for a
              period  of  one  year, semi-annual sampling for
              the second year and annual groundwater sampling
              for  one  subsequent  year  for  all  indicator
              contaminants identified during the  groundwater
              investigation.
                   (iii)  The  annual submittal to the Agency
              of a summary of groundwater sampling results.
              (C)  If  at  any  time   groundwater   sampling
         results   indicate   a   confirmed   exceedence   of
         applicable indicator contaminant groundwater quality
         standards  or  groundwater objectives as a result of
         the underground storage tank release, the  site  may
         be  reclassified  as  a  High  Priority  Site by the
         Agency  at  any  time  before  the  Agency's   final
         approval  of  a  Low Priority groundwater monitoring
         completion report. Agency review and approval  shall
         be  in  accordance  with paragraph (4) of subsection
         (c) of this Section. If the owner or operator elects
         to appeal an Agency action to disapprove, modify, or
         reject  by  operation  of   law   a   Low   Priority
         groundwater monitoring completion report, the Agency
         shall indicate to the Board in conjunction with such
         appeal  whether it intends to reclassify the site as
         High Priority. If a site is reclassified as  a  High
         Priority  Site, the owner or operator shall submit a
         corrective action plan  and  budget  to  the  Agency
         within  120  days  of  the  confirmed exceedence and
         shall initiate compliance with all corrective action
         requirements for a High Priority Site.
              (D)  If, throughout the implementation  of  the
         groundwater   monitoring   plan,   the   groundwater
         sampling  results  do  not  confirm an exceedence of
         applicable indicator contaminant groundwater quality
         standards or groundwater objectives as a  result  of
         the  underground  storage tank release, the owner or
         operator shall submit to the Agency a  certification
         of a Licensed Professional Engineer so stating.
              (E)  Unless   the  Agency  takes  action  under
         subsection (b)(2)(C) to reclassify a  site  as  high
         priority,  upon  receipt  of  a  certification  by a
         Licensed Professional Engineer submitted pursuant to
         paragraph (2) of subsection (c) of this Section, the
         Agency shall issue to the owner  or  operator  a  no
         further   remediation   letter  in  accordance  with
         Section 57.10.
         (3)  No Further Action Site.
              (A)  No  Further  Action   sites   require   no
         remediation beyond that required in Section 57.6 and
         subsection  (a)  of  this  Section  if  the owner or
         operator has submitted to the Agency a certification
         by a Licensed Professional Engineer  that  the  site
         meets  all  of the criteria for classification as No
         Further Action in subsection (b) of this Section.
              (B)  Unless the Agency takes action  to  reject
         or modify a site classification under subsection (b)
         of  this  Section  or  the  site  classification  is
         rejected  by  operation  of law under item (4)(B) of
         subsection (c) of this Section, upon  receipt  of  a
         certification  by  a  Licensed Professional Engineer
         submitted pursuant to part (A) of paragraph  (3)  of
         subsection  (c)  of  this  Section, the Agency shall
         issue  to  the  owner  or  operator  a  no   further
         remediation letter in accordance with Section 57.10.
         (4)  Agency review and approval.
              (A)  Agency approval of any plan and associated
         budget,  as  described  in  this  item (4), shall be
         considered final approval for  purposes  of  seeking
         and  obtaining  payment from the Underground Storage
         Tank  Fund  if  the  costs   associated   with   the
         completion  of  any such plan are less than or equal
         to the amounts approved in such budget.
              (B)  In the event the Agency fails to  approve,
         disapprove,  or  modify any plan or report submitted
         pursuant to this Title in writing within 120 days of
         the receipt by the Agency, the plan or report  shall
         be considered to be rejected by operation of law for
         purposes  of this Title and rejected for purposes of
         payment from the Leaking  Underground  Storage  Tank
         Fund.
                   (i)  For   purposes   of  those  plans  as
              identified  in   subparagraph   (E)   of   this
              subsection  (c)(4),  the Agency's review may be
              an audit procedure.  Such review or audit shall
              be  consistent  with  the  procedure  for  such
              review or audit as  promulgated  by  the  Board
              under  item  (7)  of  subsection (b) of Section
              57.14.  The  Agency  has   the   authority   to
              establish   an   auditing   program  to  verify
              compliance of such plans with the provisions of
              this Title.
                   (ii)  For   purposes   of   those    plans
              submitted  pursuant  to  Part (E) (iii) of this
              paragraph (4) for which payment from  the  Fund
              is  not  being sought, the Agency need not take
              action on such plan until  120  days  after  it
              receives   the   corrective  action  completion
              report required under Section  57(c)(1)(D).  In
              the  event  the  Agency  approved  the plan, it
              shall proceed under the provisions  of  Section
              57(c)(4).
              (C)  In  approving  any plan submitted pursuant
         to Part (E) of this paragraph (4), the Agency  shall
         determine,  by  a procedure promulgated by the Board
         under item (7) of subsection (b) of  Section  57.14,
         that   the   costs  associated  with  the  plan  are
         reasonable, will be incurred in the  performance  of
         corrective   action,   and  will  not  be  used  for
         corrective action  activities  in  excess  of  those
         required  to  meet  the minimum requirements of this
         title.
              (D)  For any  plan  or  report  received  after
         September  13, the effective date of this amendatory
         Act of 1993, any action by the Agency to  disapprove
         or  modify  a  plan submitted pursuant to this Title
         shall be  provided  to  the  owner  or  operator  in
         writing within 120 days of the receipt by the Agency
         or,  in  the  case  of  a corrective action plan for
         which payment is not being sought, within  120  days
         of  receipt  of  the  corrective  action  completion
         report, and shall be accompanied by:
                   (i)  an  explanation  of  the  Sections of
              this Act which may be  violated  if  the  plans
              were approved;
                   (ii)  an  explanation of the provisions of
              the regulations, promulgated  under  this  Act,
              which   may   be  violated  if  the  plan  were
              approved;
                   (iii)  an explanation of the specific type
              of information, if any, which the Agency  deems
              the applicant did not provide the Agency; and
                   (iv)  a  statement of specific reasons why
              the Act and the regulations might not be met if
              the plan were approved.
              Any action  by  the  Agency  to  disapprove  or
         modify a plan or report or the rejection of any plan
         or  report  by  operation of law shall be subject to
         appeal  to  the  Board  in   accordance   with   the
         procedures  of Section 40.  If the owner or operator
         elects to incorporate modifications required by  the
         Agency  rather than appeal, an amended plan shall be
         submitted to the Agency within 35 days of receipt of
         the Agency's written notification.
              (E)  For  purposes  of  this  Title,  the  term
         "plan" shall include:
                   (i)  Any physical soil classification  and
              groundwater    investigation   plan   submitted
              pursuant to item (1)(A) of  subsection  (a)  of
              this  Section,  or  budget  under  item  (2) of
              subsection (a) of this Section;
                   (ii)  Any groundwater monitoring  plan  or
              budget   submitted   pursuant   to   subsection
              (c)(2)(B) of this Section;
                   (iii)  Any    corrective    action    plan
              submitted  pursuant  to subsection (c)(1)(A) of
              this Section; or
                   (iv)  Any corrective  action  plan  budget
              submitted  pursuant  to subsection (c)(1)(B) of
              this Section.
    (d)  For purposes of  this  Title,  the  term  "indicator
contaminant"   shall   mean,   unless  and  until  the  Board
promulgates regulations to the contrary, the  following:  (i)
if   an  underground  storage  tank  contains  gasoline,  the
indicator parameter shall be BTEX and Benzene;  (ii)  if  the
tank   contained  petroleum  products  consisting  of  middle
distillate or heavy ends, then the indicator parameter  shall
be  determined  by  a  scan  of PNA's taken from the location
where contamination is most likely to be present;  and  (iii)
if   the   tank   contained  used  oil,  then  the  indicator
contaminant  shall  be  those  chemical  constituents   which
indicate  the  type  of  petroleum  stored  in an underground
storage tank.  All references in this  Title  to  groundwater
objectives  shall  mean  Class  I  groundwater  standards  or
objectives as applicable.
    (e) (1)  Notwithstanding  the provisions of this Section,
    an owner or operator may proceed to conduct physical soil
    classification,    groundwater    investigation,     site
    classification  or  other  corrective action prior to the
    submittal or approval of an otherwise required plan.   If
    the owner or operator elects to so proceed, an applicable
    plan  shall  be  filed with the Agency at any time.  Such
    plan shall detail the steps taken to determine  the  type
    of  corrective  action  which  was  necessary at the site
    along with the corrective action taken or to be taken, in
    addition to costs associated with activities to date  and
    anticipated costs.
         (2)  Upon   receipt   of   a  plan  submitted  after
    activities have commenced at a  site,  the  Agency  shall
    proceed  to  review  in the same manner as required under
    this Title.  In the event the Agency disapproves  all  or
    part  of the costs, the owner or operator may appeal such
    decision to the Board.  The owner or operator  shall  not
    be  eligible  to be reimbursed for such disapproved costs
    unless and until the Board  determines  that  such  costs
    were eligible for payment.
(Source:  P.A.  88-496;  88-668,  eff.  9-16-94; 89-428, eff.
1-1-96; 89-457, eff. 5-22-96.)
    (415 ILCS 5/57.8)
    Sec.  57.8.  Underground  Storage  Tank  Fund;   payment;
options  for  State  payment; deferred correction election to
commence corrective action upon availability of funds.  If an
owner or operator  is  eligible  to  access  the  Underground
Storage Tank Fund pursuant to an Office of State Fire Marshal
eligibility/deductible  final  determination letter issued in
accordance with Section  57.9,  the  owner  or  operator  may
submit a complete application for final or partial payment to
the  Agency  for  activities taken in response to a confirmed
release.  An owner or  operator  may  submit  a  request  for
partial  or final payment regarding a site no more frequently
than once every 90 days.
    (a)  Payment  after  completion  of   corrective   action
measures. The owner or operator may submit an application for
payment  for  activities performed at a site after completion
of the requirements of  Sections  57.6  and  57.7,  or  after
completion   of   any   other   required  activities  at  the
underground storage tank site.
         (1)  In the case of any approved plan and budget for
    which payment is being sought, the Agency  shall  make  a
    payment  determination  within 120 days of receipt of the
    application.  Such determination shall  be  considered  a
    final  decision.  The Agency's review shall be limited to
    generally accepted auditing and accounting practices.  In
    no case shall the Agency conduct additional review of any
    plan  which  was  completed  within  the  budget,  beyond
    auditing for adherence to the corrective action  measures
    in  the  proposal.   If  the  Agency fails to approve the
    payment application within  120  days,  such  application
    shall  be  deemed  approved  by  operation of law and the
    Agency shall proceed to reimburse the owner  or  operator
    the   amount   requested   in  the  payment  application.
    However, in no event shall the Agency reimburse the owner
    or operator an amount greater than the amount approved in
    the plan.
         (2)  If  sufficient  funds  are  available  in   the
    Underground  Storage  Tank Fund, the Agency shall, within
    60 days, forward to the Office of the State Comptroller a
    voucher  in  the  amount  approved  under   the   payment
    application.
         (3)  In  the  case of insufficient funds, the Agency
    shall form  a priority list for payment and shall  notify
    persons in such priority list monthly of the availability
    of  funds  and when payment shall be made.  Payment shall
    be made  to  the  owner  or  operator  at  such  time  as
    sufficient   funds   become   available   for  the  costs
    associated with corrective action and costs expended  for
    activities  performed  where  no proposal is required, if
    applicable.  Such priority list shall be available to any
    owner or operator  upon  request.  Priority  for  payment
    shall  be  determined  by  the date the Agency receives a
    complete request for  partial  or  final  payment.   Upon
    receipt   of   notification  from  the  Agency  that  the
    requirements of this Title have been met, the Comptroller
    shall make payment to the owner or operator of the amount
    approved by the Agency, if sufficient money exists in the
    Fund.  If there is insufficient money in the  Fund,  then
    payment  shall  not  be  made.   If the owner or operator
    appeals a final Agency payment determination  and  it  is
    determined  that  the  owner  or operator is eligible for
    payment or additional payment, the priority date for  the
    payment  or  additional  payment shall be the same as the
    priority  date  assigned  to  the  original  request  for
    partial or final payment.
         (4)  Any deductible, as determined pursuant  to  the
    Office  of  the  State  Fire  Marshal's  eligibility  and
    deductibility  final  determination  in  accordance  with
    Section  57.9,  shall  be  subtracted  from  any  payment
    invoice  paid to an eligible owner or operator.  Only one
    deductible shall apply per underground storage tank site.
         (5)  In the event that costs are or will be incurred
    in addition to those approved by  the  Agency,  or  after
    payment,  the  owner  or  operator  may submit successive
    plans containing amended budgets.   The  requirements  of
    Section 57.7 shall apply to any amended plans.
         (6)  For   purposes  of  this  Section,  a  complete
    application shall consist of:
              (A)  A   certification    from    a    Licensed
         Professional  Engineer  as required under this Title
         and acknowledged by the owner or operator.
              (B)  A statement of the amount approved in  the
         plan  and  the  amount  actually  sought for payment
         along with a certified statement that the amount  so
         sought  shall  be  expended  in conformance with the
         approved budget.
              (C)  A copy of the Office  of  the  State  Fire
         Marshal's      eligibility     and     deductibility
         determination.
              (D)  Proof  that  approval   of   the   payment
         requested  will  not  result  in the limitations set
         forth  in  subsection  (g)  of  this  Section  being
         exceeded.
              (E)  A federal taxpayer  identification  number
         and  legal status disclosure certification on a form
         prescribed and provided by the Agency.
    (b)  Commencement of corrective action upon  availability
of  funds.  The  Board  shall adopt regulations setting forth
procedures based on risk to human health or  the  environment
under  which  the owner or operator who has received approval
for any budget plan submitted pursuant to Section  57.7,  and
who is eligible for payment from the Underground Storage Tank
Fund  pursuant  to  an  Office  of  the  State  Fire  Marshal
eligibility  and  deductibility  determination,  may elect to
defer   site   classification,   low   priority   groundwater
monitoring,  or  remediation  activities  until   funds   are
available  in  an  amount equal to the amount approved in the
budget plan.  The regulations shall establish criteria  based
on  risk  to  human  health or the environment to be used for
determining on  a  site-by-site  basis  whether  deferral  is
appropriate.    The  regulations  also  shall  establish  the
minimum  investigatory  requirements  for determining whether
the risk based criteria are present  at  a  site  considering
deferral  and  procedures  for  the notification of owners or
operators of insufficient funds, Agency review of request for
deferral, notification of Agency final  decisions,  returning
deferred  sites to active status, and earmarking of funds for
payment.
    (c)  When the owner or operator requests  indemnification
for  payment  of  costs  incurred as a result of a release of
petroleum from an underground storage tank, if the  owner  or
operator  has satisfied the requirements of subsection (a) of
this Section, the Agency shall forward a copy of the  request
to  the  Attorney General.  The Attorney General shall review
and approve the request for indemnification if:
         (1)  there is a legally enforceable judgment entered
    against the owner  or  operator  and  such  judgment  was
    entered due to harm caused by a release of petroleum from
    an  underground  storage  tank  and such judgment was not
    entered as a result of fraud; or
         (2)  a settlement  with  a  third  party  due  to  a
    release  of petroleum from an underground storage tank is
    reasonable.
    (d)  Notwithstanding any other provision of  this  Title,
the  Agency shall not approve payment to an owner or operator
from  the  Fund   for   costs   of   corrective   action   or
indemnification  incurred during a calendar year in excess of
the following  aggregate  amounts  based  on  the  number  of
petroleum underground storage tanks owned or operated by such
owner or operator in Illinois.
         Amount                               Number of Tanks
         $1,000,000............................fewer than 101
         $2,000,000...............................101 or more
         (1)  Costs  incurred  in  excess  of  the  aggregate
    amounts  set  forth  in  paragraph (1) of this subsection
    shall not be eligible for payment in subsequent years.
         (2)  For  purposes  of  this  subsection,   requests
    submitted  by  any  of the agencies, departments, boards,
    committees or commissions of the State of Illinois  shall
    be acted upon as claims from a single owner or operator.
         (3)  For  purposes  of  this  subsection,  owner  or
    operator  includes  (i)  any subsidiary, parent, or joint
    stock company of the  owner  or  operator  and  (ii)  any
    company  owned  by any parent, subsidiary, or joint stock
    company of the owner or operator.
    (e)  Costs  of  corrective  action   or   indemnification
incurred  by  an owner or operator which have been paid to an
owner or  operator  under  a  policy  of  insurance,  another
written  agreement,  or  a  court  order are not eligible for
payment  under  this  Section.   An  owner  or  operator  who
receives payment under a policy of insurance, another written
agreement, or a court order shall reimburse the State to  the
extent  such  payment  covers  costs  for  which  payment was
received from the Fund.  Any monies  received  by  the  State
under this subsection (e) shall be deposited into the Fund.
    (f)  (Blank.) Until the Board adopts regulations pursuant
to  Section  57.14, handling charges are eligible for payment
only if they are equal to or less than the amount  determined
by the following table:
    Subcontract or field      Eligible Handling Charges
    Purchase Cost             as a Percentage of Cost

    $0 - $5,000...........................................12%
    $5,001 - $15,000.............$600+10% of amt. over $5,000
    $15,001 - $50,000...........$1600+8% of amt. over $15,000
    $50,001 - $100,000..........$4400+5% of amt. over $50,000
    $100,001 - $1,000,000......$6900+2% of amt. over $100,000
    (g)  The  Agency  shall  not approve any payment from the
Fund to pay an owner or operator:
         (1)  for costs of corrective action incurred by such
    owner or operator in an amount in  excess  of  $1,000,000
    per occurrence; and
         (2)  for  costs  of indemnification of such owner or
    operator  in  an  amount  in  excess  of  $1,000,000  per
    occurrence.
    (h)  Payment of any amount from the Fund  for  corrective
action  or  indemnification  shall  be  subject  to the State
acquiring by subrogation the rights of any  owner,  operator,
or  other person to recover the costs of corrective action or
indemnification for  which  the  Fund  has  compensated  such
owner,  operator,  or  person  from the person responsible or
liable for the release.
    (i)  If the Agency refuses to pay or  authorizes  only  a
partial  payment, the affected owner or operator may petition
the Board for a hearing in the manner provided for the review
of permit decisions in Section 40 of this Act.
    (j)  Costs  of  corrective  action   or   indemnification
incurred  by  an  owner  or  operator prior to July 28, 1989,
shall not be eligible for payment or reimbursement under this
Section.
    (k)  The Agency shall not pay costs of corrective  action
or  indemnification incurred before providing notification of
the release of petroleum in accordance with the provisions of
this Title.
    (l)  Corrective action does  not  include  legal  defense
costs.   Legal  defense costs include legal costs for seeking
payment  under  this  Title  unless  the  owner  or  operator
prevails before  the  Board  in  which  case  the  Board  may
authorize payment of legal fees.
    (m)  The  Agency may apportion payment of costs for plans
submitted under Section 57.7(c)(4)(E)(iii) if:
         (1)  the owner or operator was  deemed  eligible  to
    access  the  Fund  for payment of corrective action costs
    for some, but not all, of the underground  storage  tanks
    at the site; and
         (2)  the  owner  or  operator  failed to justify all
    costs attributable to each underground  storage  tank  at
    the site.
(Source: P.A. 91-357, eff. 7-29-99.)

    (415 ILCS 5/57.13)
    Sec. 57.13. Underground Storage Tank Program; transition.
    (a)  If  a  release  is  reported  to  the  proper  State
authority  on  or  after  September 13, the effective date of
this amendatory Act of 1993,  the  owner  or  operator  shall
comply with the requirements of this Title.
    (b)  If  a  release  is  reported  to  the  proper  State
authority  prior  to September 13, the effective date of this
amendatory  Act  of  1993,  the  owner  or  operator  of   an
underground  storage  tank may elect to proceed in accordance
with the requirements of this Title by submitting  a  written
statement  to  the  Agency of such election.  If the owner or
operator elects to proceed under  the  requirements  of  this
Title  all  costs  incurred  in  connection with the incident
prior to notification  shall  be  reimbursable  in  the  same
manner   as  was  allowable  under  the  then  existing  law.
Completion  of  corrective  action  shall  then  follow   the
provisions of this Title.
(Source: P.A. 88-496.)
    (415 ILCS 5/58.7)
    Sec. 58.7. Review and approvals.
    (a)  Requirements.    All  plans  and  reports  that  are
submitted pursuant to  this  Title  shall  be  submitted  for
review or approval in accordance with this Section.
    (b)  Review and evaluation by the Agency.
         (1)  Except  for  sites  excluded  under subdivision
    (a)(2) of Section 58.1,  the  Agency  shall,  subject  to
    available   resources,   agree   to  provide  review  and
    evaluation services for activities carried  out  pursuant
    to  this Title for which the RA requested the services in
    writing.  As a condition for providing such services, the
    Agency may require that the RA for a site:
              (A)  Conform with the procedures of this Title;
              (B)  Allow for or otherwise arrange site visits
         or other site  evaluation  by  the  Agency  when  so
         requested;
              (C)  Agree  to perform the Remedial Action Plan
         work plan as approved under this Title;
              (D)  Agree to pay any reasonable costs incurred
         and documented  by  the  Agency  in  providing  such
         services;
              (E)  Make  an  advance  partial  payment to the
         Agency for such anticipated services in  an  amount,
         acceptable  to  the Agency, but not to exceed $5,000
         or one-half of the total anticipated  costs  of  the
         Agency, whichever sum is less; and
              (F)  Demonstrate,  if  necessary,  authority to
         act on  behalf  of  or  in  lieu  of  the  owner  or
         operator.
         (2)  Any  moneys  received  by  the  State for costs
    incurred by the Agency in performing review or evaluation
    services for actions conducted  pursuant  to  this  Title
    shall be deposited in the Hazardous Waste Fund.
         (3)  An  RA  requesting  services  under subdivision
    (b)(1) of this Section  may,  at  any  time,  notify  the
    Agency,  in  writing,  that  Agency  services  previously
    requested  are  no  longer wanted.  Within 180 days after
    receipt of the notice, the Agency shall  provide  the  RA
    with a final invoice for services provided until the date
    of such notifications.
         (4)  The  Agency may invoice or otherwise request or
    demand payment from a RA for costs incurred by the Agency
    in performing review or evaluation services  for  actions
    by the RA at sites only if:
              (A)  The   Agency   has   incurred   costs   in
         performing  response  actions,  other than review or
         evaluation services, due to the failure of the RA to
         take response action in  accordance  with  a  notice
         issued pursuant to this Act;
              (B)  The  RA  has  agreed  in  writing  to  the
         payment of such costs;
              (C)  The  RA has been ordered to pay such costs
         by the Board or a court  of  competent  jurisdiction
         pursuant to this Act; or
              (D)  The  RA  has requested or has consented to
         Agency   review   or   evaluation   services   under
         subdivision (b)(1) of this Section.
         (5)  The Agency may, subject to available resources,
    agree to  provide  review  and  evaluation  services  for
    response  actions  if  there is a written agreement among
    parties to a legal action or if a  notice  to  perform  a
    response action has been issued by the Agency.
    (c)  Review  and  evaluation  by  a Licensed Professional
Engineer.  A  RA  may  elect  to  contract  with  a  Licensed
Professional  Engineer who will perform review and evaluation
services on behalf of and under the direction of  the  Agency
relative to the site activities.
         (1)  Prior  to  entering  into the contract with the
    Review  and  Evaluation  Licensed  Professional  Engineer
    (RELPE), the RA shall notify the Agency of the  RELPE  to
    be  selected.   The  Agency  and the RA shall discuss the
    potential terms of the contract.
         (2)  At a  minimum,  the  contract  with  the  RELPE
    shall  provide  that  the  RELPE  will submit any reports
    directly to the Agency, will take his or  her  directions
    for  work  assignments  from the Agency, and will perform
    the assigned work on behalf of the Agency.
         (3)  Reasonable costs incurred by the  Agency  shall
    be  paid  by the RA directly to the Agency in  accordance
    with the terms of  the  review  and  evaluation  services
    agreement   entered  into  under  subdivision  (b)(1)  of
    Section 58.7.
         (4)  In no event shall the RELPE acting on behalf of
    the Agency be an employee of  the  RA  or  the  owner  or
    operator  of  the  site  or  be  an employee of any other
    person the RA has contracted to provide services relative
    to the site.
    (d)  Review and approval.   All  reviews  required  under
this  Title  shall  be  carried out by the Agency or a RELPE,
both under the direction of a Licensed Professional Engineer.
         (1)   All review activities conducted by the  Agency
    or  a RELPE shall be carried out in conformance with this
    Title and rules promulgated under Section 58.11.
         (2)  Specific plans, reports, and  activities  which
    the Agency or a RELPE may review include:
              (A)  Site  Investigation  Reports  and  related
         activities;
              (B)  Remediation Objectives Reports;
              (C)  Remedial    Action   Plans   and   related
         activities; and
              (D)  Remedial  Action  Completion  Reports  and
         related activities.
         (3)  Only the Agency shall  have  the  authority  to
    approve,  disapprove,  or approve with conditions  a plan
    or report as a result of  the  review  process  including
    those  plans  and  reports  reviewed  by a RELPE.  If the
    Agency disapproves a plan or report or approves a plan or
    report with conditions, the written notification required
    by subdivision (d)(4) of this Section shall  contain  the
    following information, as applicable:
              (A)  An  explanation  of  the  Sections of this
         Title that may be violated if the plan or report was
         approved;
              (B)  An explanation of the  provisions  of  the
         rules  promulgated  under  this  Title  that  may be
         violated if the plan or report was approved;
              (C)  An explanation of  the  specific  type  of
         information,  if  any,  that  the  Agency  deems the
         applicant did not provide the Agency;
              (D)  A statement of specific  reasons  why  the
         Title  and  regulations might not be met if the plan
         or report were approved; and
              (E)  An  explanation   of   the   reasons   for
         conditions if conditions are required.
         (4)  Upon approving, disapproving, or approving with
    conditions  a plan or report, the Agency shall notify the
    RA in writing of its decision.  In the case  of  approval
    or   approval   with  conditions  of  a  Remedial  Action
    Completion Report, the Agency shall prepare a No  Further
    Remediation Letter that meets the requirements of Section
    58.10 and send a copy of the letter to the RA.
         (5)  All reviews undertaken by the Agency or a RELPE
    shall  be completed and the decisions communicated to the
    RA within 60 days of the request for review or  approval.
    The  RA  may  waive  the deadline upon a request from the
    Agency.  If  the  Agency  disapproves  or  approves  with
    conditions  a  plan  or  report or fails to issue a final
    decision within the 60 day period  and  the  RA  has  not
    agreed to a waiver of the deadline, the RA may, within 35
    days,  file an appeal to the Board.  Appeals to the Board
    shall be in the manner provided for the review of  permit
    decisions in Section 40 of this Act.
    (e)  Standard  of  review.  In making determinations, the
following factors, and additional factors as may  be  adopted
by  the  Board  in  accordance  with  Section 58.11, shall be
considered by the Agency when reviewing or  approving  plans,
reports, and related activities, or the RELPE, when reviewing
plans, reports, and related activities:
         (1)  Site    Investigation   Reports   and   related
    activities:  Whether investigations have  been  conducted
    and   the   results   compiled  in  accordance  with  the
    appropriate procedures and  whether  the  interpretations
    and  conclusions reached are supported by the information
    gathered.  In making  the  determination,  the  following
    factors shall be considered:
              (A)  The  adequacy  of  the  description of the
         site and site  characteristics  that  were  used  to
         evaluate the site;
              (B)  The   adequacy  of  the  investigation  of
         potential pathways and risks to receptors identified
         at the site; and
              (C)  The appropriateness of  the  sampling  and
         analysis used.
         (2)  Remediation  Objectives  Reports:  Whether  the
    remediation    objectives   are   consistent   with   the
    requirements of the applicable method  for  selecting  or
    determining  remediation  objectives  under Section 58.5.
    In making the determination,  the following factors shall
    be considered:
              (A)  If  the  objectives  were  based  on   the
         determination   of   area  background  levels  under
         subsection (b) of Section 58.5, whether  the  review
         of  current  and  historic  conditions  at or in the
         immediate vicinity of the site has been thorough and
         whether the site  sampling  and  analysis  has  been
         performed   in   a   manner  resulting  in  accurate
         determinations;
              (B)  If the objectives were calculated  on  the
         basis of predetermined equations using site specific
         data,   whether  the  calculations  were  accurately
         performed and whether the site specific data reflect
         actual site conditions; and
              (C)  If the objectives were determined using  a
         site specific risk assessment procedure, whether the
         procedure   used   is   nationally   recognized  and
         accepted, whether the calculations  were  accurately
         performed,   and  whether  the  site  specific  data
         reflect actual site conditions.
         (3)  Remedial Action Plans and  related  activities:
    Whether  the  plan  will  result  in compliance with this
    Title, and rules adopted under it and attainment  of  the
    applicable   remediation   objectives.    In  making  the
    determination, the following factors shall be considered:
              (A)  The likelihood that the plan  will  result
         in  the  attainment  of  the  applicable remediation
         objectives;
              (B)  Whether  the   activities   proposed   are
         consistent   with   generally  accepted  engineering
         practices; and
              (C)  The management of  risk  relative  to  any
         remaining  contamination,  including but not limited
         to,  provisions  for  the   long-term   enforcement,
         operation,  and  maintenance  of  institutional  and
         engineering controls, if relied on.
         (4)  Remedial  Action Completion Reports and related
    activities:  Whether the remedial  activities  have  been
    completed in accordance with the approved Remedial Action
    Plan  and  whether  the applicable remediation objectives
    have been attained.
    (f)  All plans and reports  submitted  for  review  shall
include a Licensed Professional Engineer's certification that
all  investigations and remedial activities  were carried out
under his or her direction and, to the best  of  his  or  her
knowledge  and  belief,  the  work  described  in the plan or
report  has  been  completed  in  accordance  with  generally
accepted engineering practices, and the information presented
is accurate and complete.
    (g)  In accordance with Section 58.11, the  Agency  shall
propose  and  the  Board  shall  adopt rules to carry out the
purposes of this Section.  At  a  minimum,  the  rules  shall
detail  the  types  of  services  the  Agency  may provide in
response to requests under subdivision (b)(1) of this Section
and the recordkeeping it will utilize in documenting  to  the
RA  the  costs  incurred  by  the  Agency  in  providing such
services.  Until the Board adopts the rules, the  Agency  may
continue   to  offer  services  of  the  type  offered  under
subsections (m) and (n) of Section 22.2 of this Act prior  to
their repeal.
    (h)  Public participation.
         (1)  The  Agency  shall  develop  guidance to assist
    RA's in the implementation of a community relations  plan
    to  address  activity at sites undergoing remedial action
    pursuant to this Title.
         (2)  The RA  may elect  to  enter  into  a  services
    agreement  with  the  Agency  for  Agency  assistance  in
    community outreach efforts.
         (3)  The  Agency  shall  maintain a registry listing
    those sites undergoing remedial action pursuant  to  this
    Title.
         (4)  Notwithstanding any provisions of this Section,
    the RA of a site undergoing remedial activity pursuant to
    this  Title  may  elect  to initiate a community outreach
    effort for the site.
(Source: P.A. 89-431, eff.  12-15-95;  89-443,  eff.  7-1-96;
89-626, eff. 8-9-96.)

    (415 ILCS 5/58.8)
    Sec. 58.8. Duty to record.
    (a)  The  RA  receiving  a  No Further Remediation Letter
from the Agency pursuant to Section 58.10, shall  submit  the
letter  to  the  Office  of  the Recorder or the Registrar of
Titles of the county in which the site is located  within  45
days of receipt of the letter.  The Office of the Recorder or
the  Registrar  of Titles shall accept and record that letter
in accordance with Illinois law so that it forms a  permanent
part of the chain of title for the site.
    (b)  A  No  Further  Remediation  Letter shall not become
effective  until  officially  recorded  in  accordance   with
subsection  (a)  of  this  Section.   The RA shall obtain and
submit to the Agency a  certified  copy  of  the  No  Further
Remediation Letter as recorded.
    (c)  At  no  time  shall  any  site  for which a land use
limitation has  been  imposed  as  a  result  of  remediation
activities  under this Title be used in a manner inconsistent
with the land use limitation unless further investigation  or
remedial   action  has  been  conducted  that  documents  the
attainment of objectives appropriate for the new land use and
a new No Further Remediation Letter obtained and recorded  in
accordance with this Title.
    (d)  In  the  event  that a No Further Remediation Letter
issues by operation of law pursuant to Section 58.10, the  RA
may,  for purposes of this Section, file an affidavit stating
that the letter issued by operation of law.  Upon receipt  of
the  No  Further  Remediation  Letter from the Agency, the RA
shall comply with the requirements of subsections (a) and (b)
of this Section.
(Source: P.A. 89-431, eff. 12-15-95; 89-443, eff. 7-1-96.)

    (415 ILCS 5/58.14)
    Sec. 58.14. Environmental Remediation Tax Credit review.
    (a)  Prior to applying for the Environmental  Remediation
Tax  Credit under Section 201 of the Illinois Income Tax Act,
Remediation Applicants shall first submit to  the  Agency  an
application for review of remediation costs.  The application
and  review process shall be conducted in accordance with the
requirements of this Section  and  the  rules  adopted  under
subsection  (g).   A  preliminary  review  of  the  estimated
remediation  costs  for development and implementation of the
Remedial Action Plan  may  be  obtained  in  accordance  with
subsection (d).
    (b)  No application for review shall be submitted until a
No  Further  Remediation Letter has been issued by the Agency
and recorded in the chain of title for the site in accordance
with Section 58.10.  The Agency shall review the  application
to  determine  whether  the  costs  submitted are remediation
costs, and whether the costs incurred  are  reasonable.   The
application  shall be on forms prescribed and provided by the
Agency.  At a minimum,  the  application  shall  include  the
following:
         (1)  information    identifying    the   Remediation
    Applicant and the site for which the tax credit is  being
    sought  and  the  date of acceptance of the site into the
    Site Remediation Program;
         (2)  a copy of the  No  Further  Remediation  Letter
    with  official  verification  that  the  letter  has been
    recorded in the  chain  of  title  for  the  site  and  a
    demonstration  that the site for which the application is
    submitted is the same site as the one for  which  the  No
    Further Remediation Letter is issued;
         (3)  a   demonstration   that  the  release  of  the
    regulated substances of concern for which the No  Further
    Remediation   Letter   was  issued  were  not  caused  or
    contributed to in any material respect by the Remediation
    Applicant.  After the Pollution Control Board  rules  are
    adopted pursuant to the Illinois Administrative Procedure
    Act  for  the  administration  and enforcement of Section
    58.9 of the Environmental Protection Act,  determinations
    as  to  credit availability shall be made consistent with
    those rules;
         (4)  an  itemization  and  documentation,  including
    receipts, of the remediation costs incurred;
         (5)  a demonstration that  the  costs  incurred  are
    remediation costs as defined in this Act and its rules;
         (6)  a  demonstration  that  the costs submitted for
    review were incurred by  the  Remediation  Applicant  who
    received the No Further Remediation Letter;
         (7)  an  application  fee in the amount set forth in
    subsection  (e)  for  each  site  for  which  review   of
    remediation   costs  is  requested  and,  if  applicable,
    certification  from  the  Department  of   Commerce   and
    Community   Affairs  that  the  site  is  located  in  an
    enterprise zone;
         (8)  any other information deemed appropriate by the
    Agency.
    (c)  Within 60 days after receipt by  the  Agency  of  an
application  meeting  the requirements of subsection (b), the
Agency shall issue  a  letter  to  the  applicant  approving,
disapproving, or modifying the remediation costs submitted in
the  application.   If  the remediation costs are approved as
submitted, the Agency's letter shall state the amount of  the
remediation  costs  to  be  applied  toward the Environmental
Remediation Tax Credit.  If an application is disapproved  or
approved with modification of remediation costs, the Agency's
letter  shall  set  forth  the reasons for the disapproval or
modification and state the amount of the  remediation  costs,
if  any,  to  be applied toward the Environmental Remediation
Tax Credit.
    If a  preliminary  review  of  a  budget  plan  has  been
obtained  under subsection (d), the Remediation Applicant may
submit, with the  application  and  supporting  documentation
under   subsection   (b),   a  copy  of  the  Agency's  final
determination accompanied by a certification that the  actual
remediation   costs   incurred   for   the   development  and
implementation of the Remedial Action Plan are  equal  to  or
less   than   the   costs  approved  in  the  Agency's  final
determination on the budget plan.  The certification shall be
signed by the Remediation Applicant and notarized.  Based  on
that  submission, the Agency shall not be required to conduct
further review of the  costs  incurred  for  development  and
implementation  of  the  Remedial Action Plan and may approve
costs as submitted.
    Within  35  days  after  receipt  of  an  Agency   letter
disapproving  or  modifying  an  application  for approval of
remediation costs, the Remediation Applicant may  appeal  the
Agency's decision to the Board in the manner provided for the
review of permits in Section 40 of this Act.
    (d)  (1) A Remediation Applicant may obtain a preliminary
    review of estimated remediation costs for the development
    and   implementation  of  the  Remedial  Action  Plan  by
    submitting a budget plan along with the  Remedial  Action
    Plan.   The  budget  plan  shall  be  set  forth on forms
    prescribed and provided by the Agency and  shall  include
    but  shall  not  be limited to line item estimates of the
    costs associated with each line item (such as  personnel,
    equipment,  and materials) that the Remediation Applicant
    anticipates will be  incurred  for  the  development  and
    implementation  of  the Remedial Action Plan.  The Agency
    shall review the budget  plan  along  with  the  Remedial
    Action  Plan  to  determine  whether  the estimated costs
    submitted are remediation costs  and  whether  the  costs
    estimated for the activities are reasonable.
         (2)  If  the  Remedial Action Plan is amended by the
    Remediation Applicant or as a result  of  Agency  action,
    the   corresponding   budget   plan   shall   be  revised
    accordingly and resubmitted for Agency review.
         (3)  The budget plan shall  be  accompanied  by  the
    applicable fee as set forth in subsection (e).
         (4)  Submittal  of  a budget plan shall be deemed an
    automatic 60-day  waiver  of  the  Remedial  Action  Plan
    review deadlines set forth in this Section and its rules.
         (5)  Within  the  applicable  period  of review, the
    Agency shall issue a letter to the Remediation  Applicant
    approving,   disapproving,  or  modifying  the  estimated
    remediation costs submitted in the  budget  plan.   If  a
    budget  plan is disapproved or approved with modification
    of estimated remediation costs, the Agency's letter shall
    set  forth   the   reasons   for   the   disapproval   or
    modification.
         (6)  Within  35  days  after  receipt  of  an Agency
    letter disapproving  or  modifying  a  budget  plan,  the
    Remediation Applicant may appeal the Agency's decision to
    the  Board  in  the  manner  provided  for  the review of
    permits in Section 40 of this Act.
    (e)  The fees for reviews conducted  under  this  Section
are  in  addition  to  any  other fees or payments for Agency
services rendered pursuant to the  Site  Remediation  Program
and shall be as follows:
         (1)  The  fee  for  an  application  for  review  of
    remediation costs shall be $1,000 for each site reviewed.
         (2)  The  fee  for  the  review  of  the budget plan
    submitted under subsection (d) shall  be  $500  for  each
    site reviewed.
         (3)  In   the   case   of  a  Remediation  Applicant
    submitting for review total remediation costs of $100,000
    or less for a site located within an enterprise zone  (as
    set  forth  in paragraph (i) of subsection (l) of Section
    201 of the Illinois Income  Tax  Act),  the  fee  for  an
    application for review of remediation costs shall be $250
    for  each  site reviewed. For those sites, there shall be
    no fee for review of a budget plan under subsection (d).
    The application fee shall be made payable to the State of
Illinois, for deposit into the Hazardous Waste Fund.
    Pursuant to appropriation, the Agency shall use the  fees
collected   under   this   subsection   for  development  and
administration of the review program.
    (f)  The Agency shall have the authority  to  enter  into
any  contracts  or  agreements that may be necessary to carry
out its duties and responsibilities under this Section.
    (g)  Within 6 months after July 21, the effective date of
this amendatory Act of 1997, the Agency shall  propose  rules
prescribing  procedures  and standards for its administration
of this Section.   Within  6  months  after  receipt  of  the
Agency's  proposed  rules,  the  Board  shall adopt on second
notice, pursuant to Sections 27 and 28 of this  Act  and  the
Illinois   Administrative   Procedure  Act,  rules  that  are
consistent with this Section.  Prior to the effective date of
rules adopted under this  Section,  the  Agency  may  conduct
reviews  of applications under this Section and the Agency is
further authorized to distribute guidance documents on  costs
that are eligible or ineligible as remediation costs.
(Source: P.A. 90-123, eff. 7-21-97; 90-792, eff. 1-1-99.)
    (415 ILCS 5/58.17)
    Sec.  58.17.  Environmental  Land  Use Control.  No later
than 2 months after July 7, 2000 the effective date  of  this
amendatory  Act  of  the  91st  General Assembly, the Agency,
after consideration of the recommendations of the Regulations
and Site Remediation Advisory Committee, shall propose  rules
creating  an instrument to be known as the Environmental Land
Use Control (ELUC).  Within 6 months  after  receipt  of  the
Agency's  proposed  rules, the Board shall adopt, pursuant to
Sections 27 and 28 of this Act, rules creating the ELUC  that
establish  land  use limitations or obligations on the use of
real property when necessary to manage risk to  human  health
or  the  environment arising from contamination left in place
pursuant to the procedures set forth in Section 58.5 of  this
Act  or  35  Ill.  Adm.  Code  742.   The rules shall include
provisions  addressing  establishment,  content,   recording,
duration, and enforcement of ELUCs.
(Source: P.A. 91-909, eff. 7-7-00.)

    (415 ILCS 5/4.1 rep.)
    (415 ILCS 5/5.1 rep.)
    (415 ILCS 5/12.1 rep.)
    (415 ILCS 5/22.20 rep.)
    (415 ILCS 5/22.41 rep.)
    (415 ILCS 5/22.42 rep.)
    (415 ILCS 5/50 rep.)
    Section  10.  The Environmental Protection Act is amended
by repealing Sections 4.1, 5.1, 12.1,  22.20,  22.41,  22.42,
and 50.

    Section 15.  The Employment of Illinois Workers on Public
Works Act is amended by changing Section 1 as follows:

    (30 ILCS 570/1) (from Ch. 48, par. 2201)
    Sec.  1.   For the purposes of Article 2 of this Act, the
following words have the meanings ascribed to  them  in  this
Section.
    (1)  "Illinois  laborer"  refers  to  any  person who has
resided in Illinois for at  least  30  days  and  intends  to
become or remain an Illinois resident.
    (2)  "A period of excessive unemployment" means any month
immediately  following  2  consecutive calendar months during
which the level of unemployment in the State of Illinois  has
exceeded  5% as measured by the United States Bureau of Labor
Statistics in  its  monthly  publication  of  employment  and
unemployment figures.
    (3)  "Hazardous  waste" has the definition ascribed to it
in  Section  3.220  3.15  of   the   Illinois   Environmental
Protection Act, approved June 29, 1970, as amended.
(Source: P.A. 86-1015.)

    Section  20.   The  Counties  Code is amended by changing
Section 5-15002 as follows:

    (55 ILCS 5/5-15002) (from Ch. 34, par. 5-15002)
    Sec. 5-15002. Definitions.  When used  in  this  Division
the  term "waterworks system" means and includes a waterworks
system  in  its  entirety,  or  any  integral  part  thereof,
including  mains,  hydrants,  meters,   valves,   standpipes,
storage  tanks,  pumps,  tanks,  intakes,  wells,  impounding
reservoirs,   machinery,   purification   plants,   softening
apparatus, and all other elements useful in connection with a
water supply or water distribution system.
    The  term "sewerage system" means and includes any or all
of  the  following:  Sewerage  treatment  plant  or   plants,
collecting,  intercepting,  and outlet sewers, lateral sewers
and drains,  including  combined  storm  water  and  sanitary
drains,  force  mains,  conduits,  pumping  stations, ejector
stations,  and  all  other  appurtenances,   extensions   and
improvements   necessary,   useful   or  convenient  for  the
collection, treatment and disposal in a  sanitary  manner  of
storm water, sanitary sewage and industrial wastes.
    The  term "combined waterworks and sewerage system" means
and includes a waterworks and sewerage system, as hereinabove
defined, which any  county  shall  determine  to  operate  in
combination.
    The term "waste management" means the process of storage,
treatment  or  disposal, but not the hauling or transport, of
"waste" as defined in Section 3.535 3.53 of the Environmental
Protection Act, but excluding "hazardous waste" as defined in
that Act.
(Source: P.A. 86-962; 87-650.)

    Section 25.  The Illinois Municipal Code  is  amended  by
changing Section 11-31-1 as follows:

    (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
    Sec.    11-31-1.  Demolition,   repair,   enclosure,   or
remediation.
    (a)  The corporate authorities of each  municipality  may
demolish, repair, or enclose or cause the demolition, repair,
or enclosure of dangerous and unsafe buildings or uncompleted
and   abandoned   buildings   within  the  territory  of  the
municipality and may remove or cause the removal of  garbage,
debris, and other hazardous, noxious, or unhealthy substances
or  materials  from  those  buildings.   In any county having
adopted by referendum or otherwise a county health department
as provided by Division 5-25 of  the  Counties  Code  or  its
predecessor,  the  county  board  of that county may exercise
those powers with regard to dangerous and unsafe buildings or
uncompleted and abandoned buildings within the  territory  of
any  city,  village,  or  incorporated  town having less than
50,000 population.
    The corporate authorities  shall  apply  to  the  circuit
court  of the county in which the building is located (i) for
an order authorizing action to be taken  with  respect  to  a
building  if  the  owner or owners of the building, including
the lien holders of record, after at least 15  days'  written
notice by mail so to do, have failed to put the building in a
safe  condition  or  to  demolish  it  or  (ii)  for an order
requiring the owner or owners of record to demolish,  repair,
or  enclose  the  building  or to remove garbage, debris, and
other  hazardous,  noxious,  or   unhealthy   substances   or
materials  from  the  building.   It  is not a defense to the
cause of action that the building is boarded up or  otherwise
enclosed,  although the court may order the defendant to have
the building boarded up or otherwise  enclosed.  Where,  upon
diligent  search, the identity or whereabouts of the owner or
owners of the building, including the lien holders of record,
is not ascertainable, notice mailed to the person or  persons
in whose name the real estate was last assessed is sufficient
notice under this Section.
    The  hearing  upon  the  application to the circuit court
shall be expedited by the court and shall be given precedence
over all other suits. Any person entitled to bring an  action
under  subsection (b) shall have the right to intervene in an
action brought under this Section.
    The cost of the demolition, repair, enclosure, or removal
incurred by the municipality, by an intervenor, or by a  lien
holder of record, including court costs, attorney's fees, and
other  costs  related  to the enforcement of this Section, is
recoverable from the owner or owners of the  real  estate  or
the  previous  owner  or both if the property was transferred
during the 15 day notice period and is a  lien  on  the  real
estate;  the lien is superior to all prior existing liens and
encumbrances, except taxes, if, within  180  days  after  the
repair,  demolition, enclosure, or removal, the municipality,
the lien holder of record, or the intervenor who incurred the
cost and expense shall file a notice of lien for the cost and
expense incurred in the office of the recorder in the  county
in  which  the real estate is located or in the office of the
registrar of titles of the county if the real estate affected
is registered under the Registered Titles (Torrens) Act.
    The notice must consist of a sworn statement setting  out
(1)  a  description  of  the  real  estate sufficient for its
identification, (2) the amount of money representing the cost
and expense incurred, and (3) the date or dates when the cost
and expense was incurred by the municipality, the lien holder
of record, or the intervenor. Upon payment of  the  cost  and
expense by the owner of or persons interested in the property
after  the  notice  of lien has been filed, the lien shall be
released by the municipality, the person in  whose  name  the
lien  has  been  filed,  or the assignee of the lien, and the
release may be filed of record  as  in  the  case  of  filing
notice  of lien. Unless the lien is enforced under subsection
(c), the lien may be enforced by foreclosure  proceedings  as
in  the case of mortgage foreclosures under Article XV of the
Code of Civil Procedure or mechanics' lien  foreclosures.  An
action  to  foreclose  this lien may be commenced at any time
after the date of filing of the notice of lien.  The costs of
foreclosure incurred by  the  municipality,  including  court
costs,  reasonable  attorney's fees, advances to preserve the
property, and other costs related to the enforcement of  this
subsection,  plus  statutory interest, are a lien on the real
estate and are recoverable by the municipality from the owner
or owners of the real estate.
    All liens arising under  this  subsection  (a)  shall  be
assignable.  The  assignee  of  the  lien shall have the same
power to enforce the lien as the assigning party, except that
the lien may not be enforced under subsection (c).
    If  the  appropriate   official   of   any   municipality
determines   that   any  dangerous  and  unsafe  building  or
uncompleted  and  abandoned  building  within  its  territory
fulfills the requirements for an action by  the  municipality
under   the   Abandoned   Housing   Rehabilitation  Act,  the
municipality may petition under  that  Act  in  a  proceeding
brought under this subsection.
    (b)  Any  owner  or  tenant  of real property within 1200
feet in any direction of any  dangerous  or  unsafe  building
located  within  the  territory  of  a  municipality  with  a
population  of  500,000 or more may file with the appropriate
municipal authority  a request that the municipality apply to
the circuit court of the county  in  which  the  building  is
located  for  an  order permitting the demolition, removal of
garbage, debris, and other noxious  or  unhealthy  substances
and materials from, or repair or enclosure of the building in
the  manner  prescribed in subsection (a) of this Section. If
the municipality fails to  institute  an  action  in  circuit
court  within  90  days  after the filing of the request, the
owner or tenant of real property  within  1200  feet  in  any
direction  of the building may institute an action in circuit
court seeking an order compelling  the  owner  or  owners  of
record to demolish, remove garbage, debris, and other noxious
or unhealthy substances and materials from, repair or enclose
or to cause to be demolished, have garbage, debris, and other
noxious  or  unhealthy substances and materials removed from,
repaired, or enclosed the building  in  question.  A  private
owner  or tenant who institutes an action under the preceding
sentence shall not be required to pay any fee to the clerk of
the circuit court. The cost of repair,  removal,  demolition,
or  enclosure shall be borne by the owner or owners of record
of the building. In the event the owner or owners  of  record
fail  to  demolish, remove garbage, debris, and other noxious
or  unhealthy  substances  and  materials  from,  repair,  or
enclose the building within 90 days of  the  date  the  court
entered  its  order,  the  owner or tenant who instituted the
action may request that the court join the municipality as  a
party to the action.  The court may order the municipality to
demolish,  remove  materials  from,  repair,  or  enclose the
building, or cause that action to be taken upon  the  request
of  any owner or tenant who instituted the action or upon the
municipality's request.  The municipality may file,  and  the
court  may approve, a plan for rehabilitating the building in
question. A  court  order  authorizing  the  municipality  to
demolish,   remove  materials  from,  repair,  or  enclose  a
building, or  cause  that  action  to  be  taken,  shall  not
preclude  the  court  from  adjudging  the owner or owners of
record of the building  in  contempt  of  court  due  to  the
failure to comply with the order to demolish, remove garbage,
debris,   and  other  noxious  or  unhealthy  substances  and
materials from, repair, or enclose the building.
    If a municipality or a person or persons other  than  the
owner or owners of record pay the cost of demolition, removal
of garbage, debris, and other noxious or unhealthy substances
and  materials,  repair,  or  enclosure  pursuant  to a court
order, the cost, including court costs, attorney's fees,  and
other costs related to the enforcement of this subsection, is
recoverable  from  the owner or owners of the real estate and
is a lien on the real estate; the lien  is  superior  to  all
prior  existing  liens  and  encumbrances,  except taxes, if,
within 180 days after the  repair,  removal,  demolition,  or
enclosure, the municipality or the person or persons who paid
the  costs of demolition, removal, repair, or enclosure shall
file a notice of lien of the cost and expense incurred in the
office of the recorder in the county in which the real estate
is located or in the office of the registrar of the county if
the real estate affected is registered under  the  Registered
Titles  (Torrens)  Act.  The  notice shall be in a form as is
provided  in  subsection  (a).   An  owner  or   tenant   who
institutes  an  action  in  circuit court seeking an order to
compel the owner or owners  of  record  to  demolish,  remove
materials  from,  repair,  or enclose any dangerous or unsafe
building, or to cause that action  to  be  taken  under  this
subsection  may recover court costs and reasonable attorney's
fees for instituting the action from the owner or  owners  of
record  of  the  building.  Upon  payment  of  the  costs and
expenses by the owner  of  or  a  person  interested  in  the
property  after  the  notice of lien has been filed, the lien
shall be released by the municipality or the person in  whose
name  the lien has been filed or his or her assignee, and the
release may be filed of record as in the  case  of  filing  a
notice of lien.  Unless the lien is enforced under subsection
(c),  the  lien may be enforced by foreclosure proceedings as
in the case of mortgage foreclosures under Article XV of  the
Code  of Civil Procedure or mechanics' lien foreclosures.  An
action to foreclose this lien may be commenced  at  any  time
after the date of filing of the notice of lien.  The costs of
foreclosure  incurred  by  the  municipality, including court
costs, reasonable attorneys' fees, advances to  preserve  the
property,  and other costs related to the enforcement of this
subsection, plus statutory interest, are a lien on  the  real
estate and are recoverable by the municipality from the owner
or owners of the real estate.
    All  liens arising under the terms of this subsection (b)
shall be assignable.  The assignee of the lien shall have the
same power to enforce the lien as the assigning party, except
that the lien may not be enforced under subsection (c).
    (c)  In any case where a municipality has obtained a lien
under subsection (a),  (b),  or  (f),  the  municipality  may
enforce  the  lien  under  this  subsection  (c)  in the same
proceeding in which the lien is authorized.
    A municipality desiring to  enforce  a  lien  under  this
subsection   (c)   shall   petition   the   court  to  retain
jurisdiction   for   foreclosure   proceedings   under   this
subsection.  Notice of  the  petition  shall  be  served,  by
certified  or registered mail, on all persons who were served
notice under subsection (a), (b), or (f).   The  court  shall
conduct a hearing on the petition not less than 15 days after
the  notice  is  served.   If  the  court determines that the
requirements of this subsection (c) have been  satisfied,  it
shall  grant  the  petition  and retain jurisdiction over the
matter until the foreclosure proceeding  is  completed.   The
costs  of foreclosure incurred by the municipality, including
court costs, reasonable attorneys' fees, advances to preserve
the property, and other costs related to the  enforcement  of
this  subsection,  plus statutory interest, are a lien on the
real estate and are recoverable by the municipality from  the
owner  or owners of the real estate.  If the court denies the
petition, the municipality may enforce the lien in a separate
action as provided in subsection (a), (b), or (f).
    All persons designated in Section 15-1501 of the Code  of
Civil   Procedure   as   necessary   parties  in  a  mortgage
foreclosure action shall be joined as parties before issuance
of an order of foreclosure.  Persons  designated  in  Section
15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
    The  provisions  of  Article  XV  of  the  Code  of Civil
Procedure applicable to mortgage foreclosures shall apply  to
the  foreclosure  of a lien under this subsection (c), except
to the extent that those  provisions  are  inconsistent  with
this  subsection.    For  purposes  of  foreclosures of liens
under  this  subsection,  however,  the   redemption   period
described in subsection (b) of Section 15-1603 of the Code of
Civil  Procedure shall end 60 days after the date of entry of
the order of foreclosure.
    (d)  In addition to any other remedy provided by law, the
corporate authorities of any municipality  may  petition  the
circuit  court to have property declared abandoned under this
subsection (d) if:
         (1)  the property has been tax delinquent for  2  or
    more  years  or  bills for water service for the property
    have been outstanding for 2 or more years;
         (2)  the property is unoccupied by  persons  legally
    in possession; and
         (3)  the  property  contains  a  dangerous or unsafe
    building.
    All persons having an interest of record in the property,
including  tax  purchasers  and  beneficial  owners  of   any
Illinois  land  trust  having title to the property, shall be
named as defendants in the petition and shall be served  with
process.   In  addition,  service  shall be had under Section
2-206 of the Code  of  Civil  Procedure  as  in  other  cases
affecting property.
    The   municipality,   however,  may  proceed  under  this
subsection in a proceeding brought under  subsection  (a)  or
(b).   Notice of the petition shall be served by certified or
registered mail on all persons who were served  notice  under
subsection (a) or (b).
    If  the municipality proves that the conditions described
in this subsection exist and  the  owner  of  record  of  the
property  does  not enter an appearance in the action, or, if
title to the property is held by an Illinois land  trust,  if
neither  the  owner of record nor the owner of the beneficial
interest of the trust enters an appearance, the  court  shall
declare the property abandoned.
    If  that  determination  is made, notice shall be sent by
certified  or  registered  mail  to  all  persons  having  an
interest of record in the property, including tax  purchasers
and beneficial owners of any Illinois land trust having title
to  the  property, stating that title to the property will be
transferred to the municipality unless, within 30 days of the
notice, the owner of  record  enters  an  appearance  in  the
action,  or unless any other person having an interest in the
property files with the  court  a  request  to  demolish  the
dangerous  or  unsafe building or to put the building in safe
condition.
    If the owner of record enters an appearance in the action
within the 30 day period, the court shall  vacate  its  order
declaring   the   property  abandoned.   In  that  case,  the
municipality may amend its complaint  in  order  to  initiate
proceedings under subsection (a).
    If  a request to demolish or repair the building is filed
within the 30 day period, the court shall grant permission to
the requesting party to demolish the building within 30  days
or  to  restore the building to safe condition within 60 days
after the request is granted.  An extension  of  that  period
for up to 60 additional days may be given for good cause.  If
more than one person with an interest in the property files a
timely  request, preference shall be given to the person with
the lien or other interest of the highest priority.
    If the requesting party proves  to  the  court  that  the
building  has  been  demolished  or  put  in a safe condition
within the period of time granted by  the  court,  the  court
shall issue a quitclaim judicial deed for the property to the
requesting party, conveying only the interest of the owner of
record,  upon  proof  of  payment  to the municipality of all
costs incurred by the municipality  in  connection  with  the
action,  including but not limited to court costs, attorney's
fees, administrative costs, the  costs,  if  any,  associated
with   building   enclosure   or   removal,   and  receiver's
certificates.  The interest in the property so conveyed shall
be subject to all liens and encumbrances on the property.  In
addition, if the interest is conveyed to a person  holding  a
certificate  of  purchase for the property under the Property
Tax Code, the conveyance shall be subject to  the  rights  of
redemption  of all persons entitled to redeem under that Act,
including the original owner of record.
    If no person with an interest in  the  property  files  a
timely  request  or if the requesting party fails to demolish
the building or put the building in safe condition within the
time specified by the court, the  municipality  may  petition
the  court  to  issue a judicial deed for the property to the
municipality.  A conveyance by judicial deed shall operate to
extinguish all existing ownership interests in, liens on, and
other interest in the  property,  including  tax  liens,  and
shall  extinguish  the  rights  and  interests of any and all
holders of  a  bona  fide  certificate  of  purchase  of  the
property   for   delinquent   taxes.    Any  such  bona  fide
certificate of purchase holder shall be entitled to a sale in
error as prescribed under Section 21-310 of the Property  Tax
Code.
    (e)  Each  municipality  may  use  the provisions of this
subsection to expedite the removal of certain buildings  that
are  a  continuing  hazard to the community in which they are
located.
    If a residential or commercial building is 3  stories  or
less  in  height  as  defined  by the municipality's building
code, and the corporate official designated to be  in  charge
of enforcing the municipality's building code determines that
the  building  is  open  and  vacant  and  an  immediate  and
continuing  hazard  to the community in which the building is
located, then the official shall  be  authorized  to  post  a
notice not less than 2 feet by 2 feet in size on the front of
the  building.   The  notice shall be dated as of the date of
the posting and shall  state  that  unless  the  building  is
demolished,  repaired,  or  enclosed, and unless any garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials are removed so that an immediate and  continuing
hazard  to  the community no longer exists, then the building
may be demolished, repaired, or  enclosed,  or  any  garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials may be removed, by the municipality.
    Not  later  than  30  days  following  the posting of the
notice, the municipality shall do all of the following:
         (1)  Cause to be sent,  by  certified  mail,  return
    receipt  requested,  a Notice to Remediate to  all owners
    of record of the property, the beneficial owners  of  any
    Illinois land trust having title to the property, and all
    lienholders of record in the property, stating the intent
    of  the  municipality to demolish, repair, or enclose the
    building  or  remove  any  garbage,  debris,   or   other
    hazardous,  noxious, or unhealthy substances or materials
    if that action is not taken by the owner or owners.
         (2)  Cause to be published, in a newspaper published
    or circulated in the municipality where the  building  is
    located,  a  notice  setting  forth (i) the permanent tax
    index number and the address  of  the  building,  (ii)  a
    statement  that  the  property  is  open  and  vacant and
    constitutes an immediate and  continuing  hazard  to  the
    community,  and  (iii)  a statement that the municipality
    intends to demolish, repair, or enclose the  building  or
    remove  any garbage, debris, or other hazardous, noxious,
    or unhealthy substances or  materials  if  the  owner  or
    owners  or  lienholders  of  record  fail to do so.  This
    notice shall be published for 3 consecutive days.
         (3)  Cause to be recorded the  Notice  to  Remediate
    mailed  under paragraph (1) in the office of the recorder
    in the county in which the real estate is located  or  in
    the  office  of  the registrar of titles of the county if
    the real estate is registered under the Registered  Title
    (Torrens) Act.
    Any  person  or persons with a current legal or equitable
interest in the property objecting to the proposed actions of
the corporate authorities may file his or her objection in an
appropriate form in a court of competent jurisdiction.
    If the building is not demolished, repaired, or enclosed,
or the garbage,  debris,  or  other  hazardous,  noxious,  or
unhealthy  substances or materials are not removed, within 30
days of mailing the notice  to  the  owners  of  record,  the
beneficial  owners of any Illinois land trust having title to
the property, and all lienholders of record in the  property,
or  within  30  days  of  the  last day of publication of the
notice, whichever is later, the corporate  authorities  shall
have  the  power to demolish, repair, or enclose the building
or  to  remove  any  garbage,  debris,  or  other  hazardous,
noxious, or unhealthy substances or materials.
    The municipality may  proceed  to  demolish,  repair,  or
enclose  a  building  or remove any garbage, debris, or other
hazardous, noxious,  or  unhealthy  substances  or  materials
under  this  subsection within a 120-day period following the
date of the mailing of the notice if the appropriate official
determines that the demolition, repair, enclosure, or removal
of any garbage,  debris,  or  other  hazardous,  noxious,  or
unhealthy  substances or materials is necessary to remedy the
immediate and continuing hazard.   If,  however,  before  the
municipality  proceeds  with any of the actions authorized by
this  subsection,  any  person  with  a  legal  or  equitable
interest in the property has  sought  a  hearing  under  this
subsection  before  a  court  and  has  served  a copy of the
complaint on the chief executive officer of the municipality,
then the municipality shall not proceed with the  demolition,
repair,  enclosure,  or  removal of garbage, debris, or other
substances until the court determines  that  that  action  is
necessary   to   remedy   the  hazard  and  issues  an  order
authorizing the municipality to do so.
    Following the  demolition,  repair,  or  enclosure  of  a
building,  or  the  removal  of  garbage,  debris,  or  other
hazardous,  noxious,  or  unhealthy  substances  or materials
under this subsection, the municipality may file a notice  of
lien  against the real estate for the cost of the demolition,
repair, enclosure, or  removal  within  180  days  after  the
repair,  demolition,  enclosure, or removal occurred, for the
cost and expense incurred, in the office of the  recorder  in
the  county  in  which  the  real estate is located or in the
office of the registrar of titles of the county if  the  real
estate  affected  is  registered  under the Registered Titles
(Torrens) Act; this lien has priority over the  interests  of
those  parties  named in the Notice to Remediate mailed under
paragraph (1), but not over  the  interests  of  third  party
purchasers  or  encumbrancers  for  value  who obtained their
interests  in  the  property  before  obtaining   actual   or
constructive  notice  of  the lien.  The notice of lien shall
consist of a sworn statement setting forth (i) a  description
of  the real estate, such as the address or other description
of the property, sufficient for its identification; (ii)  the
expenses  incurred  by  the  municipality  in undertaking the
remedial actions authorized under this subsection; (iii)  the
date or dates the expenses were incurred by the municipality;
(iv)  a  statement  by the corporate official responsible for
enforcing the building code that the building  was  open  and
vacant  and constituted an immediate and continuing hazard to
the community; (v) a statement by the corporate official that
the required sign was posted on the building, that notice was
sent by certified mail to the  owners  of  record,  and  that
notice  was published in accordance with this subsection; and
(vi) a  statement  as  to  when  and  where  the  notice  was
published.   The  lien  authorized  by  this  subsection  may
thereafter  be  released  or  enforced by the municipality as
provided in subsection (a).
    (f)  The corporate authorities of each  municipality  may
remove  or cause the removal of, or otherwise environmentally
remediate hazardous substances and petroleum products on, in,
or  under  any  abandoned  and  unsafe  property  within  the
territory of a municipality.  In addition, where  preliminary
evidence  indicates  the  presence  or  likely  presence of a
hazardous substance or a petroleum product or a release or  a
substantial threat of a release of a hazardous substance or a
petroleum   product  on,  in,  or  under  the  property,  the
corporate authorities of the  municipality  may  inspect  the
property  and  test  for the presence or release of hazardous
substances and petroleum  products.   In  any  county  having
adopted by referendum or otherwise a county health department
as  provided  by  Division  5-25  of the Counties Code or its
predecessor, the county board of that county may exercise the
above-described powers with regard  to  property  within  the
territory  of  any city, village, or incorporated town having
less than 50,000 population.
    For purposes of this subsection (f):
         (1)  "property" or  "real  estate"  means  all  real
    property, whether or not improved by a structure;
         (2)  "abandoned" means;
              (A)  the property has been tax delinquent for 2
         or more years;
              (B)  the  property  is  unoccupied  by  persons
         legally in possession; and
         (3)  "unsafe" means property that presents an actual
    or  imminent threat to public health and safety caused by
    the release of hazardous substances; and
         (4)  "hazardous substances" means  the  same  as  in
    Section 3.215 3.14 of the Environmental Protection Act.
    The  corporate  authorities  shall  apply  to the circuit
court of the county in which the property is located (i)  for
an  order allowing the municipality to enter the property and
inspect and test substances on, in, or under the property; or
(ii) for an order authorizing the  corporate  authorities  to
take  action  with  respect to remediation of the property if
conditions on the  property,  based  on  the  inspection  and
testing authorized in paragraph (i), indicate the presence of
hazardous  substances  or  petroleum  products.   Remediation
shall be deemed complete for purposes of paragraph (ii) above
when  the  property  satisfies Tier I, II, or III remediation
objectives  for  the  property's  most   recent   usage,   as
established  by  the  Environmental  Protection  Act, and the
rules and regulations promulgated  thereunder.   Where,  upon
diligent  search, the identity or whereabouts of the owner or
owners of the property, including the lien holders of record,
is not ascertainable, notice mailed to the person or  persons
in whose name the real estate was last assessed is sufficient
notice under this Section.
    The  court shall grant an order authorizing testing under
paragraph (i) above upon a showing  of  preliminary  evidence
indicating  the  presence  or  likely presence of a hazardous
substance or a  petroleum  product  or  a  release  of  or  a
substantial threat of a release of a hazardous substance or a
petroleum  product  on, in, or under abandoned property.  The
preliminary evidence may include,  but  is  not  limited  to,
evidence  of prior use, visual site inspection, or records of
prior environmental investigations.  The  testing  authorized
by   paragraph   (i)   above   shall   include  any  type  of
investigation  which  is  necessary  for   an   environmental
professional  to determine the environmental condition of the
property, including but not limited to  performance  of  soil
borings  and groundwater monitoring.  The court shall grant a
remediation order under paragraph (ii) above where testing of
the property indicates that it fails to meet  the  applicable
remediation  objectives.  The hearing upon the application to
the circuit court shall be expedited by the court  and  shall
be given precedence over all other suits.
    The  cost  of  the  inspection,  testing,  or remediation
incurred by the municipality or by a lien holder  of  record,
including  court  costs,  attorney's  fees,  and  other costs
related to the enforcement of this Section, is a lien on  the
real   estate;   except   that   in  any  instances  where  a
municipality incurs costs of inspection and testing but finds
no hazardous substances or petroleum products on the property
that present an actual or imminent threat  to  public  health
and  safety,  such  costs are not recoverable from the owners
nor are such costs a lien on the real estate.   The  lien  is
superior to all prior existing liens and encumbrances, except
taxes  and any lien obtained under subsection (a) or (e), if,
within 180 days  after  the  completion  of  the  inspection,
testing,  or remediation, the municipality or the lien holder
of record who incurred the cost  and  expense  shall  file  a
notice  of  lien  for  the  cost  and expense incurred in the
office of the recorder in the county in which the real estate
is located or in the office of the registrar of titles of the
county if the real estate affected is  registered  under  the
Registered Titles (Torrens) Act.
    The  notice must consist of a sworn statement setting out
(i) a description of  the  real  estate  sufficient  for  its
identification,  (ii)  the  amount  of money representing the
cost and expense incurred, and (iii) the date or  dates  when
the  cost and expense was incurred by the municipality or the
lien holder of record.  Upon payment of the  lien  amount  by
the  owner of or persons interested in the property after the
notice of lien has been filed, a release  of  lien  shall  be
issued by the municipality, the person in whose name the lien
has  been filed, or the assignee of the lien, and the release
may be filed of record as in the case  of  filing  notice  of
lien.
    The  lien  may  be  enforced  under  subsection (c) or by
foreclosure  proceedings  as  in   the   case   of   mortgage
foreclosures  under Article XV of the Code of Civil Procedure
or mechanics' lien foreclosures; provided that where the lien
is enforced by foreclosure  under  subsection  (c)  or  under
either  statute, the municipality may not proceed against the
other assets of the owner or owners of the  real  estate  for
any  costs  that  otherwise  would  be recoverable under this
Section but that remain unsatisfied after foreclosure  except
where  such  additional  recovery  is  authorized by separate
environmental laws.  An action to foreclose this lien may  be
commenced  at any time after the date of filing of the notice
of  lien.  The  costs  of   foreclosure   incurred   by   the
municipality,  including  court  costs, reasonable attorney's
fees, advances to preserve  the  property,  and  other  costs
related to the enforcement of this subsection, plus statutory
interest, are a lien on the real estate.
    All  liens  arising  under  this  subsection (f) shall be
assignable.  The assignee of the lien  shall  have  the  same
power to enforce the lien as the assigning party, except that
the lien may not be enforced under subsection (c).
    (g)  In any case where a municipality has obtained a lien
under  subsection  (a),  the  municipality  may also bring an
action for a money judgment against the owner  or  owners  of
the  real estate in the amount of the lien in the same manner
as provided for bringing causes of action in  Article  II  of
the  Code  of Civil Procedure and, upon obtaining a judgment,
file a judgment lien against all of the real  estate  of  the
owner  or  owners  and  enforce  that lien as provided for in
Article XII of the Code of Civil Procedure.
(Source: P.A. 91-162,  eff.  7-16-99;  91-177,  eff.  1-1-00;
91-357,  eff.  7-29-99;  91-542,  eff.  1-1-00;  91-561, eff.
1-1-00; 92-16, eff. 6-28-01.)

    Section 30.  The Conservation District Act is amended  by
changing Section 19 as follows:
    (70 ILCS 410/19) (from Ch. 96 1/2, par. 7129)
    Sec. 19.  Landfills.
    (a)  No  land that is owned or acquired by a conservation
district may be used for the development or operation of  any
new pollution control facility, as those terms are defined in
Section 3.330 3.32 of the Environmental Protection Act.
    (b)  A conservation district may not transfer any land or
interest  in  land  owned  or acquired by the district to any
other entity which the district has reason to know intends to
construct, expand or operate thereon any sanitary landfill or
regulated waste treatment, disposal or  storage  facility  or
develop   or   operate  thereon  any  new  pollution  control
facility, as that term is defined in Section  3.330  3.32  of
the Environmental Protection Act.
    A  conservation district that wishes to transfer any land
or interest in land owned or acquired by the district to  any
other  entity  must impose, as a condition of the transfer, a
covenant prohibiting the development thereon or operation  of
any  new  pollution control facility, as that term is defined
in Section 3.330 3.32 of the Environmental Protection Act.
(Source: P.A. 87-554; 88-681, eff. 12-22-94.)

    Section 35.  The Downstate Forest Preserve  District  Act
is amended by changing Section 18.6c as follows:

    (70 ILCS 805/18.6c) (from Ch. 96 1/2, par. 6340c)
    Sec. 18.6c.  Landfills.
    (a)  No  land  that  is  owned  or  acquired  by a forest
preserve  district  may  be  used  for  the  development   or
operation of any new pollution control facility, as that term
is  defined  in  Section  3.330  3.32  of  the  Environmental
Protection Act.
    (b)  A forest preserve district may not transfer any land
or  interest in land owned or acquired by the district to any
other entity which the district has reason to know intends to
construct, expand or operate thereon any sanitary landfill or
regulated waste treatment, disposal or  storage  facility  or
develop   or   operate  thereon  any  new  pollution  control
facility, as that term is defined in Section  3.330  3.32  of
the Environmental Protection Act.
    A  forest  preserve  district that wishes to transfer any
land or interest in land owned or acquired by the district to
any other entity must impose, as a condition of the transfer,
a covenant prohibiting the development thereon  or  operation
of  any  new  pollution  control  facility,  as  that term is
defined in Section 3.330 3.32 of the Environmental Protection
Act.
(Source: P.A. 87-554; 88-681, eff. 12-22-94.)

    Section 40.  The  Public  Utilities  Act  is  amended  by
changing Section 8-403.1 as follows:

    (220 ILCS 5/8-403.1) (from Ch. 111 2/3, par. 8-403.1)
    Sec.  8-403.1. Electricity purchased from qualified solid
waste energy facility; tax credit; distributions for economic
development.
    (a)  It is hereby declared to be the policy of this State
to encourage the development of alternate  energy  production
facilities  in  order to conserve our energy resources and to
provide for their most efficient use.
    (b)  For the purpose of this Section and Section 9-215.1,
"qualified solid waste  energy  facility"  means  a  facility
determined  by the Illinois Commerce Commission to qualify as
such under the Local Solid Waste Disposal Act, to use methane
gas generated from landfills as  its  primary  fuel,  and  to
possess  characteristics that would enable it to qualify as a
cogeneration or small power production facility under federal
law.
    (c)  In  furtherance  of  the  policy  declared  in  this
Section,  the  Illinois  Commerce  Commission  shall  require
electric utilities  to  enter  into  long-term  contracts  to
purchase   electricity  from  qualified  solid  waste  energy
facilities located in the electric  utility's  service  area,
for  a  period beginning on the date that the facility begins
generating electricity and having a duration of not less than
10   years   in   the   case   of   facilities   fueled    by
landfill-generated  methane,  or  20  years  in  the  case of
facilities fueled by methane generated from a landfill  owned
by  a  forest preserve district.  The purchase rate contained
in such contracts shall be equal to the  average  amount  per
kilowatt-hour  paid from time to time by the unit or units of
local  government  in  which   the   electricity   generating
facilities  are  located,  excluding  amounts paid for street
lighting and pumping service.
    (d)  Whenever a public utility is  required  to  purchase
electricity  pursuant  to  subsection  (c) above, it shall be
entitled to credits in respect of its obligations to remit to
the State taxes it has collected under the Electricity Excise
Tax Law equal to the amounts, if any, by which  payments  for
such  electricity  exceed  (i) the then current rate at which
the utility must purchase the output of qualified  facilities
pursuant  to  the  federal Public Utility Regulatory Policies
Act of 1978, less (ii) any costs, expenses,  losses,  damages
or  other  amounts  incurred  by the utility, or for which it
becomes liable, arising out of its  failure  to  obtain  such
electricity  from such other sources.  The amount of any such
credit shall, in the first instance,  be  determined  by  the
utility, which shall make a monthly report of such credits to
the  Illinois  Commerce  Commission  and,  on its monthly tax
return, to the  Illinois  Department  of  Revenue.  Under  no
circumstances   shall  a  utility  be  required  to  purchase
electricity from a qualified solid waste energy  facility  at
the rate prescribed in subsection (c) of this Section if such
purchase  would  result in estimated tax credits that exceed,
on a monthly basis, the  utility's  estimated  obligation  to
remit   to  the  State  taxes  it  has  collected  under  the
Electricity Excise Tax  Law.  The  owner  or  operator  shall
negotiate  facility  operating conditions with the purchasing
utility in accordance with  that  utility's  posted  standard
terms  and  conditions  for  small  power  producers.  If the
Department of Revenue disputes the amount of any such credit,
such dispute  shall  be  decided  by  the  Illinois  Commerce
Commission.  Whenever a qualified solid waste energy facility
has  paid or otherwise satisfied in full the capital costs or
indebtedness incurred  in  developing  and  implementing  the
qualified  facility,  the  qualified facility shall reimburse
the Public Utility Fund and the General Revenue Fund  in  the
State  treasury for the actual reduction in payments to those
Funds caused by  this  subsection  (d)  in  a  manner  to  be
determined  by  the Illinois Commerce Commission and based on
the manner in which revenues for those Funds were reduced.
    (e)  The Illinois Commerce Commission shall  not  require
an   electric   utility  to  purchase  electricity  from  any
qualified solid waste  energy  facility  which  is  owned  or
operated  by  an  entity  that  is  primarily  engaged in the
business of producing or selling electricity, gas, or  useful
thermal energy from a source other than one or more qualified
solid waste energy facilities.
    (f)  This Section does not require an electric utility to
construct  additional  facilities unless those facilities are
paid for by the owner or operator of the  affected  qualified
solid waste energy facility.
    (g)  The Illinois Commerce Commission shall require that:
(1)  electric  utilities use the electricity purchased from a
qualified solid waste energy facility to displace electricity
generated from nuclear power  or  coal  mined  and  purchased
outside  the  boundaries  of  the  State  of  Illinois before
displacing  electricity  generated  from   coal   mined   and
purchased  within  the  State  of  Illinois,  to  the  extent
possible,  and  (2) electric utilities report annually to the
Commission on the extent of such displacements.
    (h)  Nothing in this Section  is  intended  to  cause  an
electric utility that is required to purchase power hereunder
to  incur any economic loss as a result of its purchase.  All
amounts paid  for  power  which  a  utility  is  required  to
purchase  pursuant  to subparagraph (c) shall be deemed to be
costs prudently incurred for purposes  of  computing  charges
under  rates  authorized  by  Section 9-220 of this Act.  Tax
credits provided for herein shall  be  reflected  in  charges
made  pursuant  to  rates  so  authorized  to the extent such
credits are based upon a cost which is also reflected in such
charges.
    (i)  Beginning in February 1999 and through January 2009,
each  qualified  solid  waste  energy  facility  that   sells
electricity  to  an  electric  utility  at  the purchase rate
described in subsection (c) shall file with the Department of
Revenue  on  or  before  the  15th  of  each  month  a  form,
prescribed by the Department  of  Revenue,  that  states  the
number of kilowatt hours of electricity for which payment was
received  at  that  purchase  rate from electric utilities in
Illinois during the immediately preceding month.   This  form
shall  be  accompanied  by a payment from the qualified solid
waste energy facility in an amount equal to six-tenths  of  a
mill ($0.0006) per kilowatt hour of electricity stated on the
form.  Beginning on the effective date of this amendatory Act
of  the 92nd General Assembly, a qualified solid waste energy
facility must file the form required  under  this  subsection
(i)  before  the 15th of each month regardless of whether the
facility  received  any  payment  in  the   previous   month.
Payments  received  by  the  Department  of  Revenue shall be
deposited into the Municipal  Economic  Development  Fund,  a
trust  fund  created  outside  the  State treasury. The State
Treasurer may invest the moneys in the Fund in any investment
authorized by the Public Funds Investment Act, and investment
income shall be deposited into and become part of  the  Fund.
Moneys  in  the  Fund shall be used by the State Treasurer as
provided in subsection (j).  The obligation  of  a  qualified
solid  waste  energy  facility  to  make  payments  into  the
Municipal  Economic  Development  Fund  shall  terminate upon
either:  (1)  expiration  or  termination  of  a   facility's
contract  to  sell  electricity to an electric utility at the
purchase rate described in subsection (c); or (2) entry of an
enforceable, final, and non-appealable order by  a  court  of
competent  jurisdiction  that  Public  Act 89-448 is invalid.
Payments by a qualified solid waste energy facility into  the
Municipal  Economic  Development  Fund  do  not  relieve  the
qualified  solid  waste  energy facility of its obligation to
reimburse the Public Utility Fund  and  the  General  Revenue
Fund for the actual reduction in payments to those Funds as a
result  of  credits  received  by  electric  utilities  under
subsection (d).
    A  qualified  solid  waste  energy facility that fails to
timely file the requisite form and  payment  as  required  by
this  subsection  (i)  shall  be  subject  to  penalties  and
interest  in  conformance with the provisions of the Illinois
Uniform Penalty and Interest Act.
    Every qualified solid waste energy  facility  subject  to
the provisions of this subsection (i) shall keep and maintain
records  and  books  of its sales pursuant to subsection (c),
including  payments  received  from  those  sales   and   the
corresponding  tax  payments  made  in  accordance  with this
subsection (i), and  for  purposes  of  enforcement  of  this
subsection (i) all such books and records shall be subject to
inspection   by   the  Department  of  Revenue  or  its  duly
authorized agents or employees.
    When a qualified solid waste  energy  facility  fails  to
file  the  form  or  make  the  payment  required  under this
subsection (i), the Department of Revenue, to the extent that
it is practical, may enforce  the  payment  obligation  in  a
manner consistent with Section 5 of the Retailers' Occupation
Tax  Act,  and if necessary may impose and enforce a tax lien
in a manner consistent with Sections 5a, 5b, 5c, 5d, 5e,  5f,
5g, and 5i of the Retailers' Occupation Tax Act.  No tax lien
may be imposed or enforced, however, unless a qualified solid
waste  energy  facility  fails  to  make the payment required
under this subsection (i).  Only to the extent necessary  and
for  the  purpose  of  enforcing  this  subsection  (i),  the
Department of Revenue may secure necessary information from a
qualified  solid waste energy facility in a manner consistent
with Section 10 of the Retailers' Occupation Tax Act.
    All information received by the Department of Revenue  in
its  administration  and  enforcement  of this subsection (i)
shall be confidential in a manner consistent with Section  11
of  the  Retailers'  Occupation  Tax  Act.  The Department of
Revenue may adopt rules to implement the provisions  of  this
subsection (i).
    For   purposes  of  implementing  the  maximum  aggregate
distribution provisions in subsections (j) and  (k),  when  a
qualified solid waste energy facility makes a late payment to
the  Department  of  Revenue  for  deposit into the Municipal
Economic Development Fund, that payment and deposit shall  be
attributed  to  the  month and corresponding quarter in which
the payment should have been made, and  the  Treasurer  shall
make  retroactive  distributions  or refunds, as the case may
be, whenever such late payments so require.
    (j)  The State  Treasurer,  without  appropriation,  must
make  distributions  immediately  after January 15, April 15,
July 15, and October 15 of each year, up to maximum aggregate
distributions of $500,000 for the distributions made in the 4
quarters beginning with the  April  distribution  and  ending
with  the  January  distribution, from the Municipal Economic
Development Fund to each city, village, or incorporated  town
that  has within its boundaries an incinerator that: (1) uses
or,  on  the  effective  date  of  Public  Act  90-813,  used
municipal waste as its primary fuel to generate  electricity;
(2)  was  determined  by  the Illinois Commerce Commission to
qualify as a qualified solid waste energy facility  prior  to
the  effective  date  of Public Act 89-448; and (3) commenced
operation prior to January 1, 1998.  Total  distributions  in
the   aggregate   to  all  qualified  cities,  villages,  and
incorporated towns in the 4 quarters beginning with the April
distribution and ending with the January  distribution  shall
not  exceed  $500,000.  The amount of each distribution shall
be determined pro rata based on the population of  the  city,
village,   or   incorporated   town  compared  to  the  total
population of all cities, villages,  and  incorporated  towns
eligible to receive a distribution. Distributions received by
a  city,  village,  or  incorporated  town  must be held in a
separate account and may be used only to promote and  enhance
industrial, commercial, residential, service, transportation,
and   recreational   activities  and  facilities  within  its
boundaries, thereby enhancing the  employment  opportunities,
public  health  and general welfare, and economic development
within the community, including  administrative  expenditures
exclusively   to  further  these  activities.   These  funds,
however,  shall  not  be  used  by  the  city,  village,   or
incorporated  town,  directly  or  indirectly,  to  purchase,
lease,  operate, or in any way subsidize the operation of any
incinerator, and these funds shall not be paid,  directly  or
indirectly, by the city, village, or incorporated town to the
owner,  operator,  lessee,  shareholder, or bondholder of any
incinerator. Moreover, these funds shall not be used  to  pay
attorneys  fees in any litigation relating to the validity of
Public Act 89-448.  Nothing in this Section prevents a  city,
village,  or  incorporated  town  from  using other corporate
funds for any  legitimate  purpose.   For  purposes  of  this
subsection,  the  term  "municipal  waste"  has  the  meaning
ascribed  to  it  in  Section 3.290 3.21 of the Environmental
Protection Act.
    (k)  If maximum aggregate distributions of $500,000 under
subsection (j) have been made after the January  distribution
from  the  Municipal  Economic  Development  Fund,  then  the
balance  in the Fund shall be refunded to the qualified solid
waste  energy  facilities  that  made  payments   that   were
deposited  into the Fund during the previous 12-month period.
The refunds shall  be  prorated  based  upon  the  facility's
payments  in  relation  to  total  payments for that 12-month
period.
    (l)  Beginning  January  1,  2000,  and  each  January  1
thereafter, each city, village,  or  incorporated  town  that
received    distributions   from   the   Municipal   Economic
Development  Fund,   continued   to   hold   any   of   those
distributions,  or made expenditures from those distributions
during the immediately  preceding  year  shall  submit  to  a
financial   and   compliance   and  program  audit  of  those
distributions performed by the Auditor General at no cost  to
the  city,  village,  or  incorporated town that received the
distributions.  The audit should be completed by June  30  or
as soon thereafter as possible.  The audit shall be submitted
to  the  State  Treasurer  and  those  officers enumerated in
Section 3-14 of the Illinois State  Auditing  Act.    If  the
Auditor  General  finds that distributions have been expended
in violation of this Section, the Auditor General shall refer
the matter to the Attorney General.  The Attorney General may
recover, in a  civil  action,  3  times  the  amount  of  any
distributions  illegally  expended.    For  purposes  of this
subsection, the terms "financial audit," "compliance  audit",
and  "program  audit"  have  the meanings ascribed to them in
Sections 1-13 and 1-15 of the Illinois State Auditing Act.
(Source: P.A. 91-901, eff. 1-1-01; 92-435, eff. 8-17-01.)

    Section 45.   The  Hazardous  Waste  Crane  and  Hoisting
Equipment  Operators  Licensing  Act  is  amended by changing
Section 3 as follows:

    (225 ILCS 220/3) (from Ch. 111, par. 7703)
    Sec. 3.  For the purposes of this Act, unless the context
otherwise requires:
    (a)  "Agency" means the Environmental Protection Agency.
    (b)  "Crane" means any hoisting equipment that lifts  and
rotates   or   moves   a  load  horizontally  or  vertically,
including: hydraulic back hoes,  hydraulic  cranes,  friction
cranes, derricks, jib hoists, gantry, bridge cranes, floating
cranes of any type and air-borne hoisting equipment.
    (c)  "Hoist"  includes, but is not limited to, a material
hoist  (construction  elevator),  air  tugger   (one   drum),
multi-drum  hoist,  overhead  hoist,  sideboom,  A-Frame boom
truck or behind the cab truck mounted boom.
    (d)  "Director" means the Director of  the  Environmental
Protection Agency.
    (e)  "Hazardous waste" means a hazardous waste as defined
in  Section  3.220  3.15 of the Environmental Protection Act,
except asbestos.
    (f)  "Facility" means a  pollution  control  facility  as
defined in Section 3.330 3.32 of the Environmental Protection
Act,  or  a  site  undergoing  cleanup pursuant to either the
federal Comprehensive  Environmental  Response,  Compensation
and Liability Act of 1980, as amended, or Section 22.2 of the
Illinois Environmental Protection Act.
(Source: P.A. 88-681, eff. 12-22-94.)
    Section  50.   The Hazardous Waste Laborers Licensing Act
is amended by changing Section 3 as follows:

    (225 ILCS 221/3) (from Ch. 111, par. 7803)
    Sec. 3.  For the purposes of this Act, unless the context
otherwise requires:
    (a)  "Agency" means the Environmental Protection Agency.
    (b)  "Director" means the Director of  the  Environmental
Protection Agency.
    (c)  "Laborer"  means  a  person  who  (1) erects, moves,
services  and  dismantles  scaffolds  and  barricades  at   a
facility;  (2)  constructs,  erects,  removes  and dismantles
enclosures, chambers or decontamination  units  required  for
the  removal or containment of hazardous waste at a facility;
(3) labels, bags, cartons  or  otherwise  packages  hazardous
waste  for  disposal;  and  (4)  cleans  up the work site and
performs other work incidental to the removal,  abatement  or
encapsulation of hazardous waste.
    (d)  "Hazardous waste" means a hazardous waste as defined
in  Section  3.220  3.15 of the Environmental Protection Act,
except asbestos.
    (e)  "Facility" means a  pollution  control  facility  as
defined in Section 3.330 3.32 of the Environmental Protection
Act,  or  a  site  undergoing  cleanup pursuant to either the
federal Comprehensive  Environmental  Response,  Compensation
and Liability Act of 1980, as amended, or Section 22.2 of the
Illinois Environmental Protection Act.
(Source: P.A. 88-681, eff. 12-22-94.)

    Section  55.  The Environmental Toxicology Act is amended
by changing Section 3 as follows:

    (415 ILCS 75/3) (from Ch. 111 1/2, par. 983)
    Sec. 3.  Definitions.  As used in this  Act,  unless  the
context otherwise requires;
    (a)  "Department" means the Illinois Department of Public
Health;
    (b)  "Director"   means  the  Director  of  the  Illinois
Department of Public Health;
    (c)  "Program" means the Environmental Toxicology program
as established by this Act;
    (d)  "Exposure" means contact with a hazardous substance;
    (e)  "Hazardous  Substance"  means  chemical   compounds,
elements,  or  combinations  of  chemicals  which, because of
quantity   concentration,   physical    characteristics    or
toxicological  characteristics may pose a substantial present
or potential hazard to human health and includes, but is  not
limited to, any substance defined as a hazardous substance in
Section  3.215  of  3  of the "Environmental Protection Act",
approved June 29, 1970, as amended;
    (f)  "Initial Assessment" means a review  and  evaluation
of  site history and hazardous substances involved, potential
for population exposure, the nature  of  any  health  related
complaints and any known patterns in disease occurrence;
    (g)  "Comprehensive   Health   Study"  means  a  detailed
analysis  which  may   include:   a   review   of   available
environmental,  morbidity  and  mortality data; environmental
and  biological  sampling;  detailed  review  of   scientific
literature;  exposure  analysis;  population  surveys; or any
other scientific or epidemiologic methods deemed necessary to
adequately evaluate the health status of  the  population  at
risk and any potential relationship to environmental factors;
    (h)  "Superfund  Site"  means  any  hazardous  waste site
designated for cleanup on the  National  Priorities  List  as
mandated   by   the   Comprehensive  Environmental  Response,
Compensation, and Liability Act of  1980  (P.L.  96-510),  as
amended;
    (i)  "State  Remedial  Action Priority List" means a list
compiled by  the  Illinois  Environmental  Protection  Agency
which  identifies  sites  that  appear to present significant
risk to the public health, welfare or environment.
(Source: P.A. 84-987.)

    Section  60.   The  Toxic  Pollution  Prevention  Act  is
amended by changing Section 3 as follows:

    (415 ILCS 85/3) (from Ch. 111 1/2, par. 7953)
    Sec. 3.  Definitions.  As used in this Act:
    "Agency"  means  the  Illinois  Environmental  Protection
Agency.
    "Center" means the Waste Management and Research Center.
    "Person"    means    any     individual,     partnership,
co-partnership,   firm,  company,  corporation,  association,
joint stock  company,  trust,  political  subdivision,  State
agency,   or   any   other   legal   entity,   or  its  legal
representative, agent or assigns.
    "Release" means emission to the air, discharge to surface
waters  or  off-site  wastewater  treatment  facilities,   or
on-site  release  to  the  land, including but not limited to
landfills, surface impoundments and injection wells.
    "Toxic substance"  means  any  substance  listed  by  the
Agency pursuant to Section 4 of this Act.
    "Toxic  pollution  prevention"  means  in-plant practices
that reduce, avoid  or  eliminate:   (i)  the  use  of  toxic
substances,  (ii)  the  generation  of  toxic constituents in
wastes, (iii) the disposal or  release  of  toxic  substances
into  the environment, or (iv) the development or manufacture
of products with toxic constituents, through the  application
of any of the following techniques:
         (1)  input substitution, which refers to replacing a
    toxic  substance  or  raw  material  used in a production
    process with a nontoxic or less toxic substance;
         (2)  product   reformulation,   which   refers    to
    substituting  for  an existing end product an end product
    which is nontoxic or less  toxic  upon  use,  release  or
    disposal;
         (3)  production  process  redesign  or modification,
    which refers to developing and using production processes
    of a different design than those currently used;
         (4)  production process modernization, which  refers
    to  upgrading  or  replacing  existing production process
    equipment or methods  with  other  equipment  or  methods
    based on the same production process;
         (5)  improved  operation and maintenance of existing
    production process equipment and methods, which refers to
    modifying or adding to  existing  equipment  or  methods,
    including  but not limited to such techniques as improved
    housekeeping practices, system adjustments,  product  and
    process   inspections,  and  production  process  control
    equipment or methods;
         (6)  recycling,  reuse  or  extended  use  of  toxic
    substances by using equipment or methods which become  an
    integral  part  of  the production process, including but
    not limited to filtration and other closed loop methods.
    However, "toxic pollution prevention" shall  not  include
or in any way be inferred to promote or require incineration,
transfer  from  one medium of release to another, off-site or
out of process waste recycling, or end of pipe  treatment  of
toxic substances.
    "Trade   secret"   means   any   information   concerning
production  processes  employed  or  substances manufactured,
processed or otherwise  used  within  a  facility  which  the
Agency  determines  to satisfy the criteria established under
Section 3.490 3.48 of the Environmental Protection  Act,  and
to which specific trade secret status has been granted by the
Agency.
(Source: P.A. 90-490, eff. 8-17-97.)

    Section  65.   The  Litter  Control  Act  is  amended  by
changing Sections 3 and 4 as follows

    (415 ILCS 105/3) (from Ch. 38, par. 86-3)
    Sec.  3.   As  used  in  this  Act,  unless  the  context
otherwise requires:
    (a)  "Litter"  means  any  discarded,  used or unconsumed
substance or waste. "Litter" may include, but is not  limited
to,  any  garbage,  trash,  refuse,  debris,  rubbish,  grass
clippings   or   other   lawn  or  garden  waste,  newspaper,
magazines, glass, metal, plastic or paper containers or other
packaging  construction  material,  abandoned   vehicle   (as
defined  in  the Illinois Vehicle Code), motor vehicle parts,
furniture, oil, carcass of a dead  animal,  any  nauseous  or
offensive matter of any kind, any object likely to injure any
person  or  create  a  traffic hazard, potentially infectious
medical waste  as  defined  in  Section  3.360  3.84  of  the
Environmental   Protection   Act,  or  anything  else  of  an
unsightly or unsanitary nature,  which  has  been  discarded,
abandoned or otherwise disposed of improperly.
    (b)  "Motor  vehicle"  has  the  meaning ascribed to that
term in Section 1-146 of the Illinois Vehicle Code.
    (c)  "Person"   means   any   individual,    partnership,
copartnership, firm, company, corporation, association, joint
stock  company,  trust, estate, or any other legal entity, or
their legal representative, agent or assigns.
(Source: P.A. 90-89, eff. 1-1-98.)

    (415 ILCS 105/4) (from Ch. 38, par. 86-4)
    Sec. 4.  No person  shall  dump,  deposit,  drop,  throw,
discard,  leave,  cause  or  permit  the dumping, depositing,
dropping, throwing, discarding or leaving of litter upon  any
public or private property in this State, or upon or into any
river,  lake,  pond, or other stream or body of water in this
State, unless:
    (a)  the property has been designated by the State or any
of its  agencies,  political  subdivisions,  units  of  local
government  or  school  districts for the disposal of litter,
and the litter is disposed of on that property in  accordance
with  the  applicable  rules and regulations of the Pollution
Control Board;
    (b)  the litter is placed  into  a  receptacle  or  other
container   intended   by  the  owner  or  tenant  in  lawful
possession of that property for the deposit of litter;
    (c)  the  person  is  the  owner  or  tenant  in   lawful
possession  of the property or has first obtained the consent
of the owner or tenant in lawful possession,  or  unless  the
act  is  done  under  the  personal direction of the owner or
tenant and does not create a public health or safety  hazard,
a public nuisance, or a fire hazard;
    (d)  the  person  is acting under the direction of proper
public officials during special cleanup days; or
    (e)  the person is lawfully acting in or reacting  to  an
emergency  situation  where  health and safety is threatened,
and removes and properly disposes of such litter,  including,
but  not  limited to, potentially infectious medical waste as
defined in Section 3.360 3.84 of the Environmental Protection
Act, when the emergency situation no longer exists.
(Source: P.A. 88-415; 88-670, eff. 12-2-94.)

    Section 70.  The Illinois  Vehicle  Code  is  amended  by
changing Sections 11-1413 and 12-606 as follows:

    (625 ILCS 5/11-1413) (from Ch. 95 1/2, par. 11-1413)
    Sec. 11-1413.  Depositing material on highway prohibited.
    (a)  No  person  shall  throw,  spill or deposit upon any

highway any bottle, glass, nails, tacks, wire, cans,  or  any
litter (as defined in Section 3 of the Litter Control Act).
    (b)  Any  person  who  violates  subsection  (a) upon any
highway shall immediately remove such material or cause it to
be removed.
    (c)  Any person removing a  wrecked  or  damaged  vehicle
from a highway shall remove any glass or other debris, except
any  hazardous  substance as defined in Section 3.215 3.14 of
the Environmental Protection Act, hazardous waste as  defined
in  Section  3.220  3.15 of the Environmental Protection Act,
and  potentially  infectious  medical  waste  as  defined  in
Section 3.360  3.84  of  the  Environmental  Protection  Act,
dropped upon the highway from such vehicle.
(Source: P.A. 87-190; 88-415; 88-670, eff. 12-2-94.)

    (625 ILCS 5/12-606) (from Ch. 95 1/2, par. 12-606)
    Sec.   12-606.   Tow-trucks;  identification;  equipment;
insurance.
    (a)  Every tow-truck, except those owned by  governmental
agencies,  shall  have displayed on each side thereof, a sign
with letters not less than 2 inches in height, contrasting in
color to that of the background, stating the full legal name,
complete address (including street  address  and  city),  and
telephone  number  of  the  owner  or operator thereof.  This
information shall be permanently affixed to the sides of  the
tow truck.
    (b)  Every tow-truck shall be equipped with:
         (1)  One or more brooms and shovels;
         (2)  One  or  more  trash  cans of at least 5 gallon
    capacity; and
         (3)  One fire extinguisher.  This extinguisher shall
    be either:
              (i)  of the dry chemical or carbon dioxide type
         with an aggregate rating of at least 4-B,  C  units,
         and  bearing  the approval of a laboratory qualified
         by the Division of Fire Prevention for this purpose;
         or
              (ii)  One that meets the  requirements  of  the
         Federal  Motor  Carrier  Safety  Regulations  of the
         United States Department of Transportation for  fire
         extinguishers on commercial motor vehicles.
    (c)  Every  owner  or  operator and driver of a tow-truck
shall comply with Section  11-1413  of  this  Act  and  shall
remove  or  cause  to be removed all glass and debris, except
any (i) hazardous substance as defined in Section 3.215  3.14
of  the Environmental Protection Act, (ii) hazardous waste as
defined in Section 3.220 3.15 of the Environmental Protection
Act, and (iii) medical samples or waste,  including  but  not
limited  to  any  blood  samples,  used  syringes, other used
medical supplies, or any other potentially infectious medical
waste as defined in Section 3.360 3.84 of  the  Environmental
Protection  Act,  deposited upon any street or highway by the
disabled vehicle  being  serviced,  and  shall  in  addition,
spread dirt or sand or oil absorbent upon that portion of any
street  or  highway where oil or grease has been deposited by
the disabled vehicle being serviced.
    (d)  Every tow-truck operator shall in addition  file  an
indemnity bond, insurance policy, or other proof of insurance
in   a   form   to   be  prescribed  by  the  Secretary  for:
garagekeepers liability insurance, in an amount no less  than
a  combined  single  limit  of  $500,000,  and  truck  (auto)
liability  insurance  in  an  amount  no less than a combined
single limit of $500,000, on hook coverage  or  garagekeepers
coverage  in  an  amount  of no less than $25,000 which shall
indemnify or insure the tow-truck operator for the following:
         (1)  Bodily injury or  damage  to  the  property  of
    others.
         (2)  Damage to any vehicle towed by the tower.
         (3)  In  case  of  theft,  loss of, or damage to any
    vehicle stored, garagekeepers legal liability coverage in
    an amount of no less than $25,000.
         (4)  In case of injury to or occupational illness of
    the tow truck  driver  or  helper,  workers  compensation
    insurance   meeting   the  minimum  requirements  of  the
    Workers' Compensation Act.
    Any such bond or policy shall be issued only by a bonding
or insuring firm authorized to do business  as  such  in  the
State  of  Illinois, and a certificate of such bond or policy
shall be carried in the cab of each tow-truck.
    (e)  The bond or policy required in subsection (d)  shall
provide  that  the insurance carrier may cancel it by serving
previous notice, as required by Sections 143.14 and 143.16 of
the Illinois Insurance Code, in writing, either personally or
by registered mail, upon the owner or operator of  the  motor
vehicle  and  upon the Secretary of State.  Whenever any such
bond or policy shall be so cancelled, the Secretary of  State
shall  mark  the  policy  "Cancelled"  and shall require such
owner or operator either to furnish a new bond or policy,  in
accordance with this Act.
(Source:  P.A.  88-415;  88-670,  eff.  12-2-94; 89-433, eff.
12-15-95.)

    Section 99. Effective date.  This Act takes  effect  upon
becoming law.
    Passed in the General Assembly May 07, 2002.
    Approved June 26, 2002.
    Effective June 26, 2002.

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