101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4715

 

Introduced 2/18/2020, by Rep. Randy E. Frese

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/21  from Ch. 111 1/2, par. 1021

    Amends the Environmental Protection Act. Provides that incidental sales of finished compost do need not to be applied to agronomic rates in determining whether a person needs a permit to conduct a landscape waste composting operation at specified sites. Removes a provision requiring that no fee is charged for the acceptance of materials to be composted in order for a site having 10 or more occupied non-farm residences within 1/2 mile of its boundaries to be excepted from permit requirements.


LRB101 17252 CPF 66656 b

 

 

A BILL FOR

 

HB4715LRB101 17252 CPF 66656 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 21 as follows:
 
6    (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)
7    Sec. 21. Prohibited acts. No person shall:
8    (a) Cause or allow the open dumping of any waste.
9    (b) Abandon, dump, or deposit any waste upon the public
10highways or other public property, except in a sanitary
11landfill approved by the Agency pursuant to regulations adopted
12by the Board.
13    (c) Abandon any vehicle in violation of the "Abandoned
14Vehicles Amendment to the Illinois Vehicle Code", as enacted by
15the 76th General Assembly.
16    (d) Conduct any waste-storage, waste-treatment, or
17waste-disposal operation:
18        (1) without a permit granted by the Agency or in
19    violation of any conditions imposed by such permit,
20    including periodic reports and full access to adequate
21    records and the inspection of facilities, as may be
22    necessary to assure compliance with this Act and with
23    regulations and standards adopted thereunder; provided,

 

 

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1    however, that, except for municipal solid waste landfill
2    units that receive waste on or after October 9, 1993, and
3    CCR surface impoundments, no permit shall be required for
4    (i) any person conducting a waste-storage,
5    waste-treatment, or waste-disposal operation for wastes
6    generated by such person's own activities which are stored,
7    treated, or disposed within the site where such wastes are
8    generated, or (ii) a facility located in a county with a
9    population over 700,000 as of January 1, 2000, operated and
10    located in accordance with Section 22.38 of this Act, and
11    used exclusively for the transfer, storage, or treatment of
12    general construction or demolition debris, provided that
13    the facility was receiving construction or demolition
14    debris on August 24, 2009 (the effective date of Public Act
15    96-611) this amendatory Act of the 96th General Assembly;
16        (2) in violation of any regulations or standards
17    adopted by the Board under this Act; or
18        (3) which receives waste after August 31, 1988, does
19    not have a permit issued by the Agency, and is (i) a
20    landfill used exclusively for the disposal of waste
21    generated at the site, (ii) a surface impoundment receiving
22    special waste not listed in an NPDES permit, (iii) a waste
23    pile in which the total volume of waste is greater than 100
24    cubic yards or the waste is stored for over one year, or
25    (iv) a land treatment facility receiving special waste
26    generated at the site; without giving notice of the

 

 

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1    operation to the Agency by January 1, 1989, or 30 days
2    after the date on which the operation commences, whichever
3    is later, and every 3 years thereafter. The form for such
4    notification shall be specified by the Agency, and shall be
5    limited to information regarding: the name and address of
6    the location of the operation; the type of operation; the
7    types and amounts of waste stored, treated or disposed of
8    on an annual basis; the remaining capacity of the
9    operation; and the remaining expected life of the
10    operation.
11    Item (3) of this subsection (d) shall not apply to any
12person engaged in agricultural activity who is disposing of a
13substance that constitutes solid waste, if the substance was
14acquired for use by that person on his own property, and the
15substance is disposed of on his own property in accordance with
16regulations or standards adopted by the Board.
17    This subsection (d) shall not apply to hazardous waste.
18    (e) Dispose, treat, store or abandon any waste, or
19transport any waste into this State for disposal, treatment,
20storage or abandonment, except at a site or facility which
21meets the requirements of this Act and of regulations and
22standards thereunder.
23    (f) Conduct any hazardous waste-storage, hazardous
24waste-treatment or hazardous waste-disposal operation:
25        (1) without a RCRA permit for the site issued by the
26    Agency under subsection (d) of Section 39 of this Act, or

 

 

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1    in violation of any condition imposed by such permit,
2    including periodic reports and full access to adequate
3    records and the inspection of facilities, as may be
4    necessary to assure compliance with this Act and with
5    regulations and standards adopted thereunder; or
6        (2) in violation of any regulations or standards
7    adopted by the Board under this Act; or
8        (3) in violation of any RCRA permit filing requirement
9    established under standards adopted by the Board under this
10    Act; or
11        (4) in violation of any order adopted by the Board
12    under this Act.
13    Notwithstanding the above, no RCRA permit shall be required
14under this subsection or subsection (d) of Section 39 of this
15Act for any person engaged in agricultural activity who is
16disposing of a substance which has been identified as a
17hazardous waste, and which has been designated by Board
18regulations as being subject to this exception, if the
19substance was acquired for use by that person on his own
20property and the substance is disposed of on his own property
21in accordance with regulations or standards adopted by the
22Board.
23    (g) Conduct any hazardous waste-transportation operation:
24        (1) without registering with and obtaining a special
25    waste hauling permit from the Agency in accordance with the
26    regulations adopted by the Board under this Act; or

 

 

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1        (2) in violation of any regulations or standards
2    adopted by the Board under this Act.
3    (h) Conduct any hazardous waste-recycling or hazardous
4waste-reclamation or hazardous waste-reuse operation in
5violation of any regulations, standards or permit requirements
6adopted by the Board under this Act.
7    (i) Conduct any process or engage in any act which produces
8hazardous waste in violation of any regulations or standards
9adopted by the Board under subsections (a) and (c) of Section
1022.4 of this Act.
11    (j) Conduct any special waste-transportation waste
12transportation operation in violation of any regulations,
13standards or permit requirements adopted by the Board under
14this Act. However, sludge from a water or sewage treatment
15plant owned and operated by a unit of local government which
16(1) is subject to a sludge management plan approved by the
17Agency or a permit granted by the Agency, and (2) has been
18tested and determined not to be a hazardous waste as required
19by applicable State and federal laws and regulations, may be
20transported in this State without a special waste hauling
21permit, and the preparation and carrying of a manifest shall
22not be required for such sludge under the rules of the
23Pollution Control Board. The unit of local government which
24operates the treatment plant producing such sludge shall file
25an annual report with the Agency identifying the volume of such
26sludge transported during the reporting period, the hauler of

 

 

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1the sludge, and the disposal sites to which it was transported.
2This subsection (j) shall not apply to hazardous waste.
3    (k) Fail or refuse to pay any fee imposed under this Act.
4    (l) Locate a hazardous waste disposal site above an active
5or inactive shaft or tunneled mine or within 2 miles of an
6active fault in the earth's crust. In counties of population
7less than 225,000 no hazardous waste disposal site shall be
8located (1) within 1 1/2 miles of the corporate limits as
9defined on June 30, 1978, of any municipality without the
10approval of the governing body of the municipality in an
11official action; or (2) within 1000 feet of an existing private
12well or the existing source of a public water supply measured
13from the boundary of the actual active permitted site and
14excluding existing private wells on the property of the permit
15applicant. The provisions of this subsection do not apply to
16publicly owned publicly-owned sewage works or the disposal or
17utilization of sludge from publicly owned publicly-owned
18sewage works.
19    (m) Transfer interest in any land which has been used as a
20hazardous waste disposal site without written notification to
21the Agency of the transfer and to the transferee of the
22conditions imposed by the Agency upon its use under subsection
23(g) of Section 39.
24    (n) Use any land which has been used as a hazardous waste
25disposal site except in compliance with conditions imposed by
26the Agency under subsection (g) of Section 39.

 

 

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1    (o) Conduct a sanitary landfill operation which is required
2to have a permit under subsection (d) of this Section, in a
3manner which results in any of the following conditions:
4        (1) refuse in standing or flowing waters;
5        (2) leachate flows entering waters of the State;
6        (3) leachate flows exiting the landfill confines (as
7    determined by the boundaries established for the landfill
8    by a permit issued by the Agency);
9        (4) open burning of refuse in violation of Section 9 of
10    this Act;
11        (5) uncovered refuse remaining from any previous
12    operating day or at the conclusion of any operating day,
13    unless authorized by permit;
14        (6) failure to provide final cover within time limits
15    established by Board regulations;
16        (7) acceptance of wastes without necessary permits;
17        (8) scavenging as defined by Board regulations;
18        (9) deposition of refuse in any unpermitted portion of
19    the landfill;
20        (10) acceptance of a special waste without a required
21    manifest;
22        (11) failure to submit reports required by permits or
23    Board regulations;
24        (12) failure to collect and contain litter from the
25    site by the end of each operating day;
26        (13) failure to submit any cost estimate for the site

 

 

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1    or any performance bond or other security for the site as
2    required by this Act or Board rules.
3    The prohibitions specified in this subsection (o) shall be
4enforceable by the Agency either by administrative citation
5under Section 31.1 of this Act or as otherwise provided by this
6Act. The specific prohibitions in this subsection do not limit
7the power of the Board to establish regulations or standards
8applicable to sanitary landfills.
9    (p) In violation of subdivision (a) of this Section, cause
10or allow the open dumping of any waste in a manner which
11results in any of the following occurrences at the dump site:
12        (1) litter;
13        (2) scavenging;
14        (3) open burning;
15        (4) deposition of waste in standing or flowing waters;
16        (5) proliferation of disease vectors;
17        (6) standing or flowing liquid discharge from the dump
18    site;
19        (7) deposition of:
20            (i) general construction or demolition debris as
21        defined in Section 3.160(a) of this Act; or
22            (ii) clean construction or demolition debris as
23        defined in Section 3.160(b) of this Act.
24    The prohibitions specified in this subsection (p) shall be
25enforceable by the Agency either by administrative citation
26under Section 31.1 of this Act or as otherwise provided by this

 

 

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1Act. The specific prohibitions in this subsection do not limit
2the power of the Board to establish regulations or standards
3applicable to open dumping.
4    (q) Conduct a landscape waste composting operation without
5an Agency permit, provided, however, that no permit shall be
6required for any person:
7        (1) conducting a landscape waste composting operation
8    for landscape wastes generated by such person's own
9    activities which are stored, treated, or disposed of within
10    the site where such wastes are generated; or
11        (1.5) conducting a landscape waste composting
12    operation that (i) has no more than 25 cubic yards of
13    landscape waste, composting additives, composting
14    material, or end-product compost on-site at any one time
15    and (ii) is not engaging in commercial activity; or
16        (2) applying landscape waste or composted landscape
17    waste at agronomic rates; or
18        (2.5) operating a landscape waste composting facility
19    at a site having 10 or more occupied non-farm residences
20    within 1/2 mile of its boundaries, if the facility meets
21    all of the following criteria:
22            (A) the composting facility is operated by the
23        farmer on property on which the composting material is
24        utilized, and the composting facility constitutes no
25        more than 2% of the site's total acreage;
26            (A-5) any composting additives that the composting

 

 

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1        facility accepts and uses at the facility are necessary
2        to provide proper conditions for composting and do not
3        exceed 10% of the total composting material at the
4        facility at any one time;
5            (B) the property on which the composting facility
6        is located, and any associated property on which the
7        compost is used, is principally and diligently devoted
8        to the production of agricultural crops and is not
9        owned, leased, or otherwise controlled by any waste
10        hauler or generator of nonagricultural compost
11        materials, and the operator of the composting facility
12        is not an employee, partner, shareholder, or in any way
13        connected with or controlled by any such waste hauler
14        or generator;
15            (C) all compost generated by the composting
16        facility, except incidental sales of finished compost,
17        is applied at agronomic rates and used as mulch,
18        fertilizer, or soil conditioner on land actually
19        farmed by the person operating the composting
20        facility, and the finished compost is not stored at the
21        composting site for a period longer than 18 months
22        prior to its application as mulch, fertilizer, or soil
23        conditioner;
24            (D)(blank) no fee is charged for the acceptance of
25        materials to be composted at the facility; and
26            (E) the owner or operator, by January 1, 2014 (or

 

 

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1        the January 1 following commencement of operation,
2        whichever is later) and January 1 of each year
3        thereafter, registers the site with the Agency, (ii)
4        reports to the Agency on the volume of composting
5        material received and used at the site; (iii) certifies
6        to the Agency that the site complies with the
7        requirements set forth in subparagraphs (A), (A-5),
8        (B), (C), and (D) of this paragraph (2.5); and (iv)
9        certifies to the Agency that all composting material
10        was placed more than 200 feet from the nearest potable
11        water supply well, was placed outside the boundary of
12        the 10-year floodplain or on a part of the site that is
13        floodproofed, was placed at least 1/4 mile from the
14        nearest residence (other than a residence located on
15        the same property as the facility) or a lesser distance
16        from the nearest residence (other than a residence
17        located on the same property as the facility) if the
18        municipality in which the facility is located has by
19        ordinance approved a lesser distance than 1/4 mile, and
20        was placed more than 5 feet above the water table; any
21        ordinance approving a residential setback of less than
22        1/4 mile that is used to meet the requirements of this
23        subparagraph (E) of paragraph (2.5) of this subsection
24        must specifically reference this paragraph; or
25        (3) operating a landscape waste composting facility on
26    a farm, if the facility meets all of the following

 

 

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1    criteria:
2            (A) the composting facility is operated by the
3        farmer on property on which the composting material is
4        utilized, and the composting facility constitutes no
5        more than 2% of the property's total acreage, except
6        that the Board may allow a higher percentage for
7        individual sites where the owner or operator has
8        demonstrated to the Board that the site's soil
9        characteristics or crop needs require a higher rate;
10            (A-1) the composting facility accepts from other
11        agricultural operations for composting with landscape
12        waste no materials other than uncontaminated and
13        source-separated (i) crop residue and other
14        agricultural plant residue generated from the
15        production and harvesting of crops and other customary
16        farm practices, including, but not limited to, stalks,
17        leaves, seed pods, husks, bagasse, and roots and (ii)
18        plant-derived animal bedding, such as straw or
19        sawdust, that is free of manure and was not made from
20        painted or treated wood;
21            (A-2) any composting additives that the composting
22        facility accepts and uses at the facility are necessary
23        to provide proper conditions for composting and do not
24        exceed 10% of the total composting material at the
25        facility at any one time;
26            (B) the property on which the composting facility

 

 

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1        is located, and any associated property on which the
2        compost is used, is principally and diligently devoted
3        to the production of agricultural crops and is not
4        owned, leased or otherwise controlled by any waste
5        hauler or generator of nonagricultural compost
6        materials, and the operator of the composting facility
7        is not an employee, partner, shareholder, or in any way
8        connected with or controlled by any such waste hauler
9        or generator;
10            (C) all compost generated by the composting
11        facility, except incidental sales of finished compost,
12        is applied at agronomic rates and used as mulch,
13        fertilizer or soil conditioner on land actually farmed
14        by the person operating the composting facility, and
15        the finished compost is not stored at the composting
16        site for a period longer than 18 months prior to its
17        application as mulch, fertilizer, or soil conditioner;
18            (D) the owner or operator, by January 1 of each
19        year, (i) registers the site with the Agency, (ii)
20        reports to the Agency on the volume of composting
21        material received and used at the site, (iii) certifies
22        to the Agency that the site complies with the
23        requirements set forth in subparagraphs (A), (A-1),
24        (A-2), (B), and (C) of this paragraph (q)(3), and (iv)
25        certifies to the Agency that all composting material:
26                (I) was placed more than 200 feet from the

 

 

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1            nearest potable water supply well;
2                (II) was placed outside the boundary of the
3            10-year floodplain or on a part of the site that is
4            floodproofed;
5                (III) was placed either (aa) at least 1/4 mile
6            from the nearest residence (other than a residence
7            located on the same property as the facility) and
8            there are not more than 10 occupied non-farm
9            residences within 1/2 mile of the boundaries of the
10            site on the date of application or (bb) a lesser
11            distance from the nearest residence (other than a
12            residence located on the same property as the
13            facility) provided that the municipality or county
14            in which the facility is located has by ordinance
15            approved a lesser distance than 1/4 mile and there
16            are not more than 10 occupied non-farm residences
17            within 1/2 mile of the boundaries of the site on
18            the date of application; and
19                (IV) was placed more than 5 feet above the
20            water table.
21            Any ordinance approving a residential setback of
22        less than 1/4 mile that is used to meet the
23        requirements of this subparagraph (D) must
24        specifically reference this subparagraph.
25    For the purposes of this subsection (q), "agronomic rates"
26means the application of not more than 20 tons per acre per

 

 

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1year, except that the Board may allow a higher rate for
2individual sites where the owner or operator has demonstrated
3to the Board that the site's soil characteristics or crop needs
4require a higher rate.
5    (r) Cause or allow the storage or disposal of coal
6combustion waste unless:
7        (1) such waste is stored or disposed of at a site or
8    facility for which a permit has been obtained or is not
9    otherwise required under subsection (d) of this Section; or
10        (2) such waste is stored or disposed of as a part of
11    the design and reclamation of a site or facility which is
12    an abandoned mine site in accordance with the Abandoned
13    Mined Lands and Water Reclamation Act; or
14        (3) such waste is stored or disposed of at a site or
15    facility which is operating under NPDES and Subtitle D
16    permits issued by the Agency pursuant to regulations
17    adopted by the Board for mine-related water pollution and
18    permits issued pursuant to the federal Federal Surface
19    Mining Control and Reclamation Act of 1977 (P.L. 95-87) or
20    the rules and regulations thereunder or any law or rule or
21    regulation adopted by the State of Illinois pursuant
22    thereto, and the owner or operator of the facility agrees
23    to accept the waste; and either:
24            (i) such waste is stored or disposed of in
25        accordance with requirements applicable to refuse
26        disposal under regulations adopted by the Board for

 

 

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1        mine-related water pollution and pursuant to NPDES and
2        Subtitle D permits issued by the Agency under such
3        regulations; or
4            (ii) the owner or operator of the facility
5        demonstrates all of the following to the Agency, and
6        the facility is operated in accordance with the
7        demonstration as approved by the Agency: (1) the
8        disposal area will be covered in a manner that will
9        support continuous vegetation, (2) the facility will
10        be adequately protected from wind and water erosion,
11        (3) the pH will be maintained so as to prevent
12        excessive leaching of metal ions, and (4) adequate
13        containment or other measures will be provided to
14        protect surface water and groundwater from
15        contamination at levels prohibited by this Act, the
16        Illinois Groundwater Protection Act, or regulations
17        adopted pursuant thereto.
18    Notwithstanding any other provision of this Title, the
19disposal of coal combustion waste pursuant to item (2) or (3)
20of this subdivision (r) shall be exempt from the other
21provisions of this Title V, and notwithstanding the provisions
22of Title X of this Act, the Agency is authorized to grant
23experimental permits which include provision for the disposal
24of wastes from the combustion of coal and other materials
25pursuant to items (2) and (3) of this subdivision (r).
26    (s) After April 1, 1989, offer for transportation,

 

 

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1transport, deliver, receive or accept special waste for which a
2manifest is required, unless the manifest indicates that the
3fee required under Section 22.8 of this Act has been paid.
4    (t) Cause or allow a lateral expansion of a municipal solid
5waste landfill unit on or after October 9, 1993, without a
6permit modification, granted by the Agency, that authorizes the
7lateral expansion.
8    (u) Conduct any vegetable by-product treatment, storage,
9disposal or transportation operation in violation of any
10regulation, standards or permit requirements adopted by the
11Board under this Act. However, no permit shall be required
12under this Title V for the land application of vegetable
13by-products conducted pursuant to Agency permit issued under
14Title III of this Act to the generator of the vegetable
15by-products. In addition, vegetable by-products may be
16transported in this State without a special waste hauling
17permit, and without the preparation and carrying of a manifest.
18    (v) (Blank).
19    (w) Conduct any generation, transportation, or recycling
20of construction or demolition debris, clean or general, or
21uncontaminated soil generated during construction, remodeling,
22repair, and demolition of utilities, structures, and roads that
23is not commingled with any waste, without the maintenance of
24documentation identifying the hauler, generator, place of
25origin of the debris or soil, the weight or volume of the
26debris or soil, and the location, owner, and operator of the

 

 

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1facility where the debris or soil was transferred, disposed,
2recycled, or treated. This documentation must be maintained by
3the generator, transporter, or recycler for 3 years. This
4subsection (w) shall not apply to (1) a permitted pollution
5control facility that transfers or accepts construction or
6demolition debris, clean or general, or uncontaminated soil for
7final disposal, recycling, or treatment, (2) a public utility
8(as that term is defined in the Public Utilities Act) or a
9municipal utility, (3) the Illinois Department of
10Transportation, or (4) a municipality or a county highway
11department, with the exception of any municipality or county
12highway department located within a county having a population
13of over 3,000,000 inhabitants or located in a county that is
14contiguous to a county having a population of over 3,000,000
15inhabitants; but it shall apply to an entity that contracts
16with a public utility, a municipal utility, the Illinois
17Department of Transportation, or a municipality or a county
18highway department. The terms "generation" and "recycling", as
19used in this subsection, do not apply to clean construction or
20demolition debris when (i) used as fill material below grade
21outside of a setback zone if covered by sufficient
22uncontaminated soil to support vegetation within 30 days of the
23completion of filling or if covered by a road or structure,
24(ii) solely broken concrete without protruding metal bars is
25used for erosion control, or (iii) milled asphalt or crushed
26concrete is used as aggregate in construction of the shoulder

 

 

HB4715- 19 -LRB101 17252 CPF 66656 b

1of a roadway. The terms "generation" and "recycling", as used
2in this subsection, do not apply to uncontaminated soil that is
3not commingled with any waste when (i) used as fill material
4below grade or contoured to grade, or (ii) used at the site of
5generation.
6(Source: P.A. 100-103, eff. 8-11-17; 101-171, eff. 7-30-19;
7revised 9-12-19.)