Illinois General Assembly - Full Text of SB1656
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Full Text of SB1656  102nd General Assembly

SB1656enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB1656 EnrolledLRB102 17019 SPS 22441 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Dead Animal Disposal Act is
5amended by changing Sections 1.1 and 19a and by adding Section
617.1 as follows:
 
7    (225 ILCS 610/1.1)  (from Ch. 8, par. 149.1)
8    Sec. 1.1. As used in this Act, unless the context
9otherwise requires:
10    (a) "Department" means the Department of Agriculture of
11the State of Illinois.
12    (b) "Person" means any individual, firm, partnership,
13association, corporation or other business entity.
14    (c) "Renderer" means any person who, for other than human
15consumption, collects, cooks and processes bodies or parts of
16bodies of dead animals, poultry or fish, or used cooking
17grease and oils, for the purpose of salvaging hides, wool,
18skins or feathers, and for the production of animal, poultry,
19or fish protein, blood meal, bone meal, grease or tallow.
20    (d) "Blender" means any person who acquires inedible
21by-products of bodies or parts of bodies of dead animals,
22poultry or fish, or used cooking grease and oils, for the
23purpose of blending them to obtain a desired percentage of

 

 

SB1656 Enrolled- 2 -LRB102 17019 SPS 22441 b

1protein, degree of quality or color for use in animal feed,
2poultry feed or fertilizers.
3    (e) "Collection center" means any place where bodies or
4parts of bodies of dead animals, poultry or fish, or used
5cooking grease and cooking oils, are collected for loading
6into a permitted vehicle for delivery to the renderer.
7    (f) "Permittee" means any person issued a vehicle permit
8under the provisions of this Act.
9    (g) "Licensee" means any person licensed under the
10provisions of this Act.
11    (h) "Rendering materials" means bodies or parts of bodies
12of dead animals, poultry or fish, or used cooking grease and
13oils.
14    (i) "Animal collection service" means a company that
15conveys dead animals to a landfill facility licensed under the
16Environmental Protection Act when no rendering service is
17available. Waste haulers collecting waste in which a dead
18animal is included incidental to such waste shall not be
19considered an "animal collection service" activity.
20    (j) "Grease and oil collector" means any person who
21collects for reuse or recycling used cooking grease and
22cooking oils in a permitted vehicle for delivery to a grease
23and cooking oil processor for purposes other than rendering or
24blending.
25    (k) "Grease and oil processor" means any person who
26stores, filters, processes, or distributes for reuse or

 

 

SB1656 Enrolled- 3 -LRB102 17019 SPS 22441 b

1recycling used cooking grease and cooking oils for uses other
2than rendering or blending.
3    (l) "Mass animal mortality event" means an event, as
4declared by the Director, in which large numbers of animals of
5a single or multiple species die or are at an increased risk of
6mortality due to disease, natural disaster, or any other
7non-disease related event, including, but not limited to,
8market disruption or ventilation failure.
9    (m) "Director" means the Director of Agriculture.
10    (n) "Dead animal" means the carcass or tissue from a
11deceased domesticated animal, poultry, fish, captive wild
12animal, or captive wildlife.
13    (o) "Operator" means the person or entity that has been
14designated by the owner, through contract or otherwise, as
15responsible for conveying dead animals.
16(Source: P.A. 98-785, eff. 1-1-15.)
 
17    (225 ILCS 610/17.1 new)
18    Sec. 17.1. Mass animal mortality event.
19    (a) The Director, at his or her discretion, may declare a
20mass animal mortality event. The Director shall notify the
21Illinois Emergency Management Agency of the declaration. The
22notification shall be made without delay, but no later than 24
23hours following the declaration.
24    (b) The Department shall create and file with the Illinois
25Emergency Management Agency a mass animal mortality event

 

 

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1plan. The plan must include and describe, at a minimum, the
2following options of disposal:
3        (1) burial, which may include methods and procedures
4    for above-ground burial;
5        (2) rendering;
6        (3) transfer to a landfill;
7        (4) composting, which may be conducted on the site
8    where the death of the animals occurred or by transporting
9    the bodies to a licensed landfill or to a centralized
10    off-site location determined at the time of the mass
11    animal mortality event;
12        (5) incineration; and
13        (6) any other acceptable method as determined by the
14    Director.
15    (b) Notwithstanding any other provision of this Act,
16following the Director's declaration of a mass animal
17mortality event, the Department shall implement the most
18recent mass animal mortality event plan on file with the
19Illinois Emergency Management Agency.
 
20    (225 ILCS 610/19a)  (from Ch. 8, par. 167a)
21    Sec. 19a. This Act shall be known and may be cited as the
22Animal Mortality Act "Illinois Dead Animal Disposal Act".
23(Source: P.A. 83-760.)
 
24    Section 10. The Environmental Protection Act is amended by

 

 

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1changing Sections 3.330, 21, and 39 as follows:
 
2    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
3    Sec. 3.330. Pollution control facility.
4    (a) "Pollution control facility" is any waste storage
5site, sanitary landfill, waste disposal site, waste transfer
6station, waste treatment facility, or waste incinerator. This
7includes sewers, sewage treatment plants, and any other
8facilities owned or operated by sanitary districts organized
9under the Metropolitan Water Reclamation District Act.
10    The following are not pollution control facilities:
11        (1) (blank);
12        (2) waste storage sites regulated under 40 CFR, Part
13    761.42;
14        (3) sites or facilities used by any person conducting
15    a waste storage, waste treatment, waste disposal, waste
16    transfer or waste incineration operation, or a combination
17    thereof, for wastes generated by such person's own
18    activities, when such wastes are stored, treated, disposed
19    of, transferred or incinerated within the site or facility
20    owned, controlled or operated by such person, or when such
21    wastes are transported within or between sites or
22    facilities owned, controlled or operated by such person;
23        (4) sites or facilities at which the State is
24    performing removal or remedial action pursuant to Section
25    22.2 or 55.3;

 

 

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1        (5) abandoned quarries used solely for the disposal of
2    concrete, earth materials, gravel, or aggregate debris
3    resulting from road construction activities conducted by a
4    unit of government or construction activities due to the
5    construction and installation of underground pipes, lines,
6    conduit or wires off of the premises of a public utility
7    company which are conducted by a public utility;
8        (6) sites or facilities used by any person to
9    specifically conduct a landscape composting operation;
10        (7) regional facilities as defined in the Central
11    Midwest Interstate Low-Level Radioactive Waste Compact;
12        (8) the portion of a site or facility where coal
13    combustion wastes are stored or disposed of in accordance
14    with subdivision (r)(2) or (r)(3) of Section 21;
15        (9) the portion of a site or facility used for the
16    collection, storage or processing of waste tires as
17    defined in Title XIV;
18        (10) the portion of a site or facility used for
19    treatment of petroleum contaminated materials by
20    application onto or incorporation into the soil surface
21    and any portion of that site or facility used for storage
22    of petroleum contaminated materials before treatment. Only
23    those categories of petroleum listed in Section 57.9(a)(3)
24    are exempt under this subdivision (10);
25        (11) the portion of a site or facility where used oil
26    is collected or stored prior to shipment to a recycling or

 

 

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1    energy recovery facility, provided that the used oil is
2    generated by households or commercial establishments, and
3    the site or facility is a recycling center or a business
4    where oil or gasoline is sold at retail;
5        (11.5) processing sites or facilities that receive
6    only on-specification used oil, as defined in 35 Ill.
7    Admin. Code 739, originating from used oil collectors for
8    processing that is managed under 35 Ill. Admin. Code 739
9    to produce products for sale to off-site petroleum
10    facilities, if these processing sites or facilities are:
11    (i) located within a home rule unit of local government
12    with a population of at least 30,000 according to the 2000
13    federal census, that home rule unit of local government
14    has been designated as an Urban Round II Empowerment Zone
15    by the United States Department of Housing and Urban
16    Development, and that home rule unit of local government
17    has enacted an ordinance approving the location of the
18    site or facility and provided funding for the site or
19    facility; and (ii) in compliance with all applicable
20    zoning requirements;
21        (12) the portion of a site or facility utilizing coal
22    combustion waste for stabilization and treatment of only
23    waste generated on that site or facility when used in
24    connection with response actions pursuant to the federal
25    Comprehensive Environmental Response, Compensation, and
26    Liability Act of 1980, the federal Resource Conservation

 

 

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1    and Recovery Act of 1976, or the Illinois Environmental
2    Protection Act or as authorized by the Agency;
3        (13) the portion of a site or facility that accepts
4    exclusively general construction or demolition debris and
5    is operated and located in accordance with Section 22.38
6    of this Act;
7        (14) the portion of a site or facility, located within
8    a unit of local government that has enacted local zoning
9    requirements, used to accept, separate, and process
10    uncontaminated broken concrete, with or without protruding
11    metal bars, provided that the uncontaminated broken
12    concrete and metal bars are not speculatively accumulated,
13    are at the site or facility no longer than one year after
14    their acceptance, and are returned to the economic
15    mainstream in the form of raw materials or products;
16        (15) the portion of a site or facility located in a
17    county with a population over 3,000,000 that has obtained
18    local siting approval under Section 39.2 of this Act for a
19    municipal waste incinerator on or before July 1, 2005 and
20    that is used for a non-hazardous waste transfer station;
21        (16) a site or facility that temporarily holds in
22    transit for 10 days or less, non-putrescible solid waste
23    in original containers, no larger in capacity than 500
24    gallons, provided that such waste is further transferred
25    to a recycling, disposal, treatment, or storage facility
26    on a non-contiguous site and provided such site or

 

 

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1    facility complies with the applicable 10-day transfer
2    requirements of the federal Resource Conservation and
3    Recovery Act of 1976 and United States Department of
4    Transportation hazardous material requirements. For
5    purposes of this Section only, "non-putrescible solid
6    waste" means waste other than municipal garbage that does
7    not rot or become putrid, including, but not limited to,
8    paints, solvent, filters, and absorbents;
9        (17) the portion of a site or facility located in a
10    county with a population greater than 3,000,000 that has
11    obtained local siting approval, under Section 39.2 of this
12    Act, for a municipal waste incinerator on or before July
13    1, 2005 and that is used for wood combustion facilities
14    for energy recovery that accept and burn only wood
15    material, as included in a fuel specification approved by
16    the Agency;
17        (18) a transfer station used exclusively for landscape
18    waste, including a transfer station where landscape waste
19    is ground to reduce its volume, where the landscape waste
20    is held no longer than 24 hours from the time it was
21    received;
22        (19) the portion of a site or facility that (i) is used
23    for the composting of food scrap, livestock waste, crop
24    residue, uncontaminated wood waste, or paper waste,
25    including, but not limited to, corrugated paper or
26    cardboard, and (ii) meets all of the following

 

 

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1    requirements:
2            (A) There must not be more than a total of 30,000
3        cubic yards of livestock waste in raw form or in the
4        process of being composted at the site or facility at
5        any one time.
6            (B) All food scrap, livestock waste, crop residue,
7        uncontaminated wood waste, and paper waste must, by
8        the end of each operating day, be processed and placed
9        into an enclosed vessel in which air flow and
10        temperature are controlled, or all of the following
11        additional requirements must be met:
12                (i) The portion of the site or facility used
13            for the composting operation must include a
14            setback of at least 200 feet from the nearest
15            potable water supply well.
16                (ii) The portion of the site or facility used
17            for the composting operation must be located
18            outside the boundary of the 10-year floodplain or
19            floodproofed.
20                (iii) Except in municipalities with more than
21            1,000,000 inhabitants, the portion of the site or
22            facility used for the composting operation must be
23            located at least one-eighth of a mile from the
24            nearest residence, other than a residence located
25            on the same property as the site or facility.
26                (iv) The portion of the site or facility used

 

 

SB1656 Enrolled- 11 -LRB102 17019 SPS 22441 b

1            for the composting operation must be located at
2            least one-eighth of a mile from the property line
3            of all of the following areas:
4                    (I) Facilities that primarily serve to
5                house or treat people that are
6                immunocompromised or immunosuppressed, such as
7                cancer or AIDS patients; people with asthma,
8                cystic fibrosis, or bioaerosol allergies; or
9                children under the age of one year.
10                    (II) Primary and secondary schools and
11                adjacent areas that the schools use for
12                recreation.
13                    (III) Any facility for child care licensed
14                under Section 3 of the Child Care Act of 1969;
15                preschools; and adjacent areas that the
16                facilities or preschools use for recreation.
17                (v) By the end of each operating day, all food
18            scrap, livestock waste, crop residue,
19            uncontaminated wood waste, and paper waste must be
20            (i) processed into windrows or other piles and
21            (ii) covered in a manner that prevents scavenging
22            by birds and animals and that prevents other
23            nuisances.
24            (C) Food scrap, livestock waste, crop residue,
25        uncontaminated wood waste, paper waste, and compost
26        must not be placed within 5 feet of the water table.

 

 

SB1656 Enrolled- 12 -LRB102 17019 SPS 22441 b

1            (D) The site or facility must meet all of the
2        requirements of the Wild and Scenic Rivers Act (16
3        U.S.C. 1271 et seq.).
4            (E) The site or facility must not (i) restrict the
5        flow of a 100-year flood, (ii) result in washout of
6        food scrap, livestock waste, crop residue,
7        uncontaminated wood waste, or paper waste from a
8        100-year flood, or (iii) reduce the temporary water
9        storage capacity of the 100-year floodplain, unless
10        measures are undertaken to provide alternative storage
11        capacity, such as by providing lagoons, holding tanks,
12        or drainage around structures at the facility.
13            (F) The site or facility must not be located in any
14        area where it may pose a threat of harm or destruction
15        to the features for which:
16                (i) an irreplaceable historic or
17            archaeological site has been listed under the
18            National Historic Preservation Act (16 U.S.C. 470
19            et seq.) or the Illinois Historic Preservation
20            Act;
21                (ii) a natural landmark has been designated by
22            the National Park Service or the Illinois State
23            Historic Preservation Office; or
24                (iii) a natural area has been designated as a
25            Dedicated Illinois Nature Preserve under the
26            Illinois Natural Areas Preservation Act.

 

 

SB1656 Enrolled- 13 -LRB102 17019 SPS 22441 b

1            (G) The site or facility must not be located in an
2        area where it may jeopardize the continued existence
3        of any designated endangered species, result in the
4        destruction or adverse modification of the critical
5        habitat for such species, or cause or contribute to
6        the taking of any endangered or threatened species of
7        plant, fish, or wildlife listed under the Endangered
8        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
9        Endangered Species Protection Act;
10        (20) the portion of a site or facility that is located
11    entirely within a home rule unit having a population of no
12    less than 120,000 and no more than 135,000, according to
13    the 2000 federal census, and that meets all of the
14    following requirements:
15            (i) the portion of the site or facility is used
16        exclusively to perform testing of a thermochemical
17        conversion technology using only woody biomass,
18        collected as landscape waste within the boundaries of
19        the home rule unit, as the hydrocarbon feedstock for
20        the production of synthetic gas in accordance with
21        Section 39.9 of this Act;
22            (ii) the portion of the site or facility is in
23        compliance with all applicable zoning requirements;
24        and
25            (iii) a complete application for a demonstration
26        permit at the portion of the site or facility has been

 

 

SB1656 Enrolled- 14 -LRB102 17019 SPS 22441 b

1        submitted to the Agency in accordance with Section
2        39.9 of this Act within one year after July 27, 2010
3        (the effective date of Public Act 96-1314);
4        (21) the portion of a site or facility used to perform
5    limited testing of a gasification conversion technology in
6    accordance with Section 39.8 of this Act and for which a
7    complete permit application has been submitted to the
8    Agency prior to one year from April 9, 2010 (the effective
9    date of Public Act 96-887);
10        (22) the portion of a site or facility that is used to
11    incinerate only pharmaceuticals from residential sources
12    that are collected and transported by law enforcement
13    agencies under Section 17.9A of this Act;
14        (23) the portion of a site or facility:
15            (A) that is used exclusively for the transfer of
16        commingled landscape waste and food scrap held at the
17        site or facility for no longer than 24 hours after
18        their receipt;
19            (B) that is located entirely within a home rule
20        unit having a population of (i) not less than 100,000
21        and not more than 115,000 according to the 2010
22        federal census, (ii) not less than 5,000 and not more
23        than 10,000 according to the 2010 federal census, or
24        (iii) not less than 25,000 and not more than 30,000
25        according to the 2010 federal census or that is
26        located in the unincorporated area of a county having

 

 

SB1656 Enrolled- 15 -LRB102 17019 SPS 22441 b

1        a population of not less than 700,000 and not more than
2        705,000 according to the 2010 federal census;
3            (C) that is permitted, by the Agency, prior to
4        January 1, 2002, for the transfer of landscape waste
5        if located in a home rule unit or that is permitted
6        prior to January 1, 2008 if located in an
7        unincorporated area of a county; and
8            (D) for which a permit application is submitted to
9        the Agency to modify an existing permit for the
10        transfer of landscape waste to also include, on a
11        demonstration basis not to exceed 24 months each time
12        a permit is issued, the transfer of commingled
13        landscape waste and food scrap or for which a permit
14        application is submitted to the Agency within 6 months
15        of the effective date of this amendatory Act of the
16        100th General Assembly; and
17        (24) the portion of a municipal solid waste landfill
18    unit:
19            (A) that is located in a county having a
20        population of not less than 55,000 and not more than
21        60,000 according to the 2010 federal census;
22            (B) that is owned by that county;
23            (C) that is permitted, by the Agency, prior to
24        July 10, 2015 (the effective date of Public Act
25        99-12); and
26            (D) for which a permit application is submitted to

 

 

SB1656 Enrolled- 16 -LRB102 17019 SPS 22441 b

1        the Agency within 6 months after July 10, 2015 (the
2        effective date of Public Act 99-12) for the disposal
3        of non-hazardous special waste; and .
4        (25) the portion of a site or facility used during a
5    mass animal mortality event, as defined in the Animal
6    Mortality Act, where such waste is collected, stored,
7    processed, disposed, or incinerated under a mass animal
8    mortality event plan issued by the Department of
9    Agriculture.
10    (b) A new pollution control facility is:
11        (1) a pollution control facility initially permitted
12    for development or construction after July 1, 1981; or
13        (2) the area of expansion beyond the boundary of a
14    currently permitted pollution control facility; or
15        (3) a permitted pollution control facility requesting
16    approval to store, dispose of, transfer or incinerate, for
17    the first time, any special or hazardous waste.
18(Source: P.A. 99-12, eff. 7-10-15; 99-440, eff. 8-21-15;
1999-642, eff. 7-28-16; 100-94, eff. 8-11-17.)
 
20    (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)
21    Sec. 21. Prohibited acts. No person shall:
22    (a) Cause or allow the open dumping of any waste.
23    (b) Abandon, dump, or deposit any waste upon the public
24highways or other public property, except in a sanitary
25landfill approved by the Agency pursuant to regulations

 

 

SB1656 Enrolled- 17 -LRB102 17019 SPS 22441 b

1adopted by the Board.
2    (c) Abandon any vehicle in violation of the "Abandoned
3Vehicles Amendment to the Illinois Vehicle Code", as enacted
4by the 76th General Assembly.
5    (d) Conduct any waste-storage, waste-treatment, or
6waste-disposal operation:
7        (1) without a permit granted by the Agency or in
8    violation of any conditions imposed by such permit,
9    including periodic reports and full access to adequate
10    records and the inspection of facilities, as may be
11    necessary to assure compliance with this Act and with
12    regulations and standards adopted thereunder; provided,
13    however, that, except for municipal solid waste landfill
14    units that receive waste on or after October 9, 1993, and
15    CCR surface impoundments, no permit shall be required for
16    (i) any person conducting a waste-storage,
17    waste-treatment, or waste-disposal operation for wastes
18    generated by such person's own activities which are
19    stored, treated, or disposed within the site where such
20    wastes are generated, or (ii) a facility located in a
21    county with a population over 700,000 as of January 1,
22    2000, operated and located in accordance with Section
23    22.38 of this Act, and used exclusively for the transfer,
24    storage, or treatment of general construction or
25    demolition debris, provided that the facility was
26    receiving construction or demolition debris on August 24,

 

 

SB1656 Enrolled- 18 -LRB102 17019 SPS 22441 b

1    2009 (the effective date of Public Act 96-611), or (iii)
2    any person conducting a waste transfer, storage,
3    treatment, or disposal operation, including, but not
4    limited to, a waste transfer or waste composting
5    operation, under a mass animal mortality event plan
6    created by the Department of Agriculture this amendatory
7    Act of the 96th General Assembly;
8        (2) in violation of any regulations or standards
9    adopted by the Board under this Act; or
10        (3) which receives waste after August 31, 1988, does
11    not have a permit issued by the Agency, and is (i) a
12    landfill used exclusively for the disposal of waste
13    generated at the site, (ii) a surface impoundment
14    receiving special waste not listed in an NPDES permit,
15    (iii) a waste pile in which the total volume of waste is
16    greater than 100 cubic yards or the waste is stored for
17    over one year, or (iv) a land treatment facility receiving
18    special waste generated at the site; without giving notice
19    of the operation to the Agency by January 1, 1989, or 30
20    days after the date on which the operation commences,
21    whichever is later, and every 3 years thereafter. The form
22    for such notification shall be specified by the Agency,
23    and shall be limited to information regarding: the name
24    and address of the location of the operation; the type of
25    operation; the types and amounts of waste stored, treated
26    or disposed of on an annual basis; the remaining capacity

 

 

SB1656 Enrolled- 19 -LRB102 17019 SPS 22441 b

1    of the operation; and the remaining expected life of the
2    operation.
3    Item (3) of this subsection (d) shall not apply to any
4person engaged in agricultural activity who is disposing of a
5substance that constitutes solid waste, if the substance was
6acquired for use by that person on his own property, and the
7substance is disposed of on his own property in accordance
8with regulations or standards adopted by the Board.
9    This subsection (d) shall not apply to hazardous waste.
10    (e) Dispose, treat, store or abandon any waste, or
11transport any waste into this State for disposal, treatment,
12storage or abandonment, except at a site or facility which
13meets the requirements of this Act and of regulations and
14standards thereunder.
15    (f) Conduct any hazardous waste-storage, hazardous
16waste-treatment or hazardous waste-disposal operation:
17        (1) without a RCRA permit for the site issued by the
18    Agency under subsection (d) of Section 39 of this Act, or
19    in violation of any condition 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; or
24        (2) in violation of any regulations or standards
25    adopted by the Board under this Act; or
26        (3) in violation of any RCRA permit filing requirement

 

 

SB1656 Enrolled- 20 -LRB102 17019 SPS 22441 b

1    established under standards adopted by the Board under
2    this Act; or
3        (4) in violation of any order adopted by the Board
4    under this Act.
5    Notwithstanding the above, no RCRA permit shall be
6required under this subsection or subsection (d) of Section 39
7of this Act for any person engaged in agricultural activity
8who is disposing of a substance which has been identified as a
9hazardous waste, and which has been designated by Board
10regulations as being subject to this exception, if the
11substance was acquired for use by that person on his own
12property and the substance is disposed of on his own property
13in accordance with regulations or standards adopted by the
14Board.
15    (g) Conduct any hazardous waste-transportation operation:
16        (1) without registering with and obtaining a special
17    waste hauling permit from the Agency in accordance with
18    the regulations adopted by the Board under this Act; or
19        (2) in violation of any regulations or standards
20    adopted by the Board under this Act.
21    (h) Conduct any hazardous waste-recycling or hazardous
22waste-reclamation or hazardous waste-reuse operation in
23violation of any regulations, standards or permit requirements
24adopted by the Board under this Act.
25    (i) Conduct any process or engage in any act which
26produces hazardous waste in violation of any regulations or

 

 

SB1656 Enrolled- 21 -LRB102 17019 SPS 22441 b

1standards adopted by the Board under subsections (a) and (c)
2of Section 22.4 of this Act.
3    (j) Conduct any special waste-transportation waste
4transportation operation in violation of any regulations,
5standards or permit requirements adopted by the Board under
6this Act. However, sludge from a water or sewage treatment
7plant owned and operated by a unit of local government which
8(1) is subject to a sludge management plan approved by the
9Agency or a permit granted by the Agency, and (2) has been
10tested and determined not to be a hazardous waste as required
11by applicable State and federal laws and regulations, may be
12transported in this State without a special waste hauling
13permit, and the preparation and carrying of a manifest shall
14not be required for such sludge under the rules of the
15Pollution Control Board. The unit of local government which
16operates the treatment plant producing such sludge shall file
17an annual report with the Agency identifying the volume of
18such sludge transported during the reporting period, the
19hauler of the sludge, and the disposal sites to which it was
20transported. This subsection (j) shall not apply to hazardous
21waste.
22    (k) Fail or refuse to pay any fee imposed under this Act.
23    (l) Locate a hazardous waste disposal site above an active
24or inactive shaft or tunneled mine or within 2 miles of an
25active fault in the earth's crust. In counties of population
26less than 225,000 no hazardous waste disposal site shall be

 

 

SB1656 Enrolled- 22 -LRB102 17019 SPS 22441 b

1located (1) within 1 1/2 miles of the corporate limits as
2defined on June 30, 1978, of any municipality without the
3approval of the governing body of the municipality in an
4official action; or (2) within 1000 feet of an existing
5private well or the existing source of a public water supply
6measured from the boundary of the actual active permitted site
7and excluding existing private wells on the property of the
8permit applicant. The provisions of this subsection do not
9apply to publicly owned publicly-owned sewage works or the
10disposal or utilization of sludge from publicly owned
11publicly-owned sewage works.
12    (m) Transfer interest in any land which has been used as a
13hazardous waste disposal site without written notification to
14the Agency of the transfer and to the transferee of the
15conditions imposed by the Agency upon its use under subsection
16(g) of Section 39.
17    (n) Use any land which has been used as a hazardous waste
18disposal site except in compliance with conditions imposed by
19the Agency under subsection (g) of Section 39.
20    (o) Conduct a sanitary landfill operation which is
21required to have a permit under subsection (d) of this
22Section, in a manner which results in any of the following
23conditions:
24        (1) refuse in standing or flowing waters;
25        (2) leachate flows entering waters of the State;
26        (3) leachate flows exiting the landfill confines (as

 

 

SB1656 Enrolled- 23 -LRB102 17019 SPS 22441 b

1    determined by the boundaries established for the landfill
2    by a permit issued by the Agency);
3        (4) open burning of refuse in violation of Section 9
4    of this Act;
5        (5) uncovered refuse remaining from any previous
6    operating day or at the conclusion of any operating day,
7    unless authorized by permit;
8        (6) failure to provide final cover within time limits
9    established by Board regulations;
10        (7) acceptance of wastes without necessary permits;
11        (8) scavenging as defined by Board regulations;
12        (9) deposition of refuse in any unpermitted portion of
13    the landfill;
14        (10) acceptance of a special waste without a required
15    manifest;
16        (11) failure to submit reports required by permits or
17    Board regulations;
18        (12) failure to collect and contain litter from the
19    site by the end of each operating day;
20        (13) failure to submit any cost estimate for the site
21    or any performance bond or other security for the site as
22    required by this Act or Board rules.
23    The prohibitions specified in this subsection (o) shall be
24enforceable by the Agency either by administrative citation
25under Section 31.1 of this Act or as otherwise provided by this
26Act. The specific prohibitions in this subsection do not limit

 

 

SB1656 Enrolled- 24 -LRB102 17019 SPS 22441 b

1the power of the Board to establish regulations or standards
2applicable to sanitary landfills.
3    (p) In violation of subdivision (a) of this Section, cause
4or allow the open dumping of any waste in a manner which
5results in any of the following occurrences at the dump site:
6        (1) litter;
7        (2) scavenging;
8        (3) open burning;
9        (4) deposition of waste in standing or flowing waters;
10        (5) proliferation of disease vectors;
11        (6) standing or flowing liquid discharge from the dump
12    site;
13        (7) deposition of:
14            (i) general construction or demolition debris as
15        defined in Section 3.160(a) of this Act; or
16            (ii) clean construction or demolition debris as
17        defined in Section 3.160(b) of this Act.
18    The prohibitions specified in this subsection (p) shall be
19enforceable by the Agency either by administrative citation
20under Section 31.1 of this Act or as otherwise provided by this
21Act. The specific prohibitions in this subsection do not limit
22the power of the Board to establish regulations or standards
23applicable to open dumping.
24    (q) Conduct a landscape waste composting operation without
25an Agency permit, provided, however, that no permit shall be
26required for any person:

 

 

SB1656 Enrolled- 25 -LRB102 17019 SPS 22441 b

1        (1) conducting a landscape waste composting operation
2    for landscape wastes generated by such person's own
3    activities which are stored, treated, or disposed of
4    within the site where such wastes are generated; or
5        (1.5) conducting a landscape waste composting
6    operation that (i) has no more than 25 cubic yards of
7    landscape waste, composting additives, composting
8    material, or end-product compost on-site at any one time
9    and (ii) is not engaging in commercial activity; or
10        (2) applying landscape waste or composted landscape
11    waste at agronomic rates; or
12        (2.5) operating a landscape waste composting facility
13    at a site having 10 or more occupied non-farm residences
14    within 1/2 mile of its boundaries, if the facility meets
15    all of the following criteria:
16            (A) the composting facility is operated by the
17        farmer on property on which the composting material is
18        utilized, and the composting facility constitutes no
19        more than 2% of the site's total acreage;
20            (A-5) any composting additives that the composting
21        facility accepts and uses at the facility are
22        necessary to provide proper conditions for composting
23        and do not exceed 10% of the total composting material
24        at the facility at any one time;
25            (B) the property on which the composting facility
26        is located, and any associated property on which the

 

 

SB1656 Enrolled- 26 -LRB102 17019 SPS 22441 b

1        compost is used, is principally and diligently devoted
2        to the production of agricultural crops and is not
3        owned, leased, or otherwise controlled by any waste
4        hauler or generator of nonagricultural compost
5        materials, and the operator of the composting facility
6        is not an employee, partner, shareholder, or in any
7        way connected with or controlled by any such waste
8        hauler or generator;
9            (C) all compost generated by the composting
10        facility is applied at agronomic rates and used as
11        mulch, fertilizer, or soil conditioner on land
12        actually farmed by the person operating the composting
13        facility, and the finished compost is not stored at
14        the composting site for a period longer than 18 months
15        prior to its application as mulch, fertilizer, or soil
16        conditioner;
17            (D) no fee is charged for the acceptance of
18        materials to be composted at the facility; and
19            (E) the owner or operator, by January 1, 2014 (or
20        the January 1 following commencement of operation,
21        whichever is later) and January 1 of each year
22        thereafter, registers the site with the Agency, (ii)
23        reports to the Agency on the volume of composting
24        material received and used at the site; (iii)
25        certifies to the Agency that the site complies with
26        the requirements set forth in subparagraphs (A),

 

 

SB1656 Enrolled- 27 -LRB102 17019 SPS 22441 b

1        (A-5), (B), (C), and (D) of this paragraph (2.5); and
2        (iv) certifies to the Agency that all composting
3        material was placed more than 200 feet from the
4        nearest potable water supply well, was placed outside
5        the boundary of the 10-year floodplain or on a part of
6        the site that is floodproofed, was placed at least 1/4
7        mile from the nearest residence (other than a
8        residence located on the same property as the
9        facility) or a lesser distance from the nearest
10        residence (other than a residence located on the same
11        property as the facility) if the municipality in which
12        the facility is located has by ordinance approved a
13        lesser distance than 1/4 mile, and was placed more
14        than 5 feet above the water table; any ordinance
15        approving a residential setback of less than 1/4 mile
16        that is used to meet the requirements of this
17        subparagraph (E) of paragraph (2.5) of this subsection
18        must specifically reference this paragraph; or
19        (3) operating a landscape waste composting facility on
20    a farm, if the facility meets all of the following
21    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 property's total acreage, except
26        that the Board may allow a higher percentage for

 

 

SB1656 Enrolled- 28 -LRB102 17019 SPS 22441 b

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

 

 

SB1656 Enrolled- 29 -LRB102 17019 SPS 22441 b

1        is not an employee, partner, shareholder, or in any
2        way connected with or controlled by any such waste
3        hauler or generator;
4            (C) all compost generated by the composting
5        facility is applied at agronomic rates and used as
6        mulch, fertilizer or soil conditioner on land actually
7        farmed by the person operating the composting
8        facility, and the finished compost is not stored at
9        the composting site for a period longer than 18 months
10        prior to its application as mulch, fertilizer, or soil
11        conditioner;
12            (D) the owner or operator, by January 1 of each
13        year, (i) registers the site with the Agency, (ii)
14        reports to the Agency on the volume of composting
15        material received and used at the site, (iii)
16        certifies to the Agency that the site complies with
17        the requirements set forth in subparagraphs (A),
18        (A-1), (A-2), (B), and (C) of this paragraph (q)(3),
19        and (iv) certifies to the Agency that all composting
20        material:
21                (I) was placed more than 200 feet from the
22            nearest potable water supply well;
23                (II) was placed outside the boundary of the
24            10-year floodplain or on a part of the site that is
25            floodproofed;
26                (III) was placed either (aa) at least 1/4 mile

 

 

SB1656 Enrolled- 30 -LRB102 17019 SPS 22441 b

1            from the nearest residence (other than a residence
2            located on the same property as the facility) and
3            there are not more than 10 occupied non-farm
4            residences within 1/2 mile of the boundaries of
5            the site on the date of application or (bb) a
6            lesser distance from the nearest residence (other
7            than a residence located on the same property as
8            the facility) provided that the municipality or
9            county in which the facility is located has by
10            ordinance approved a lesser distance than 1/4 mile
11            and there are not more than 10 occupied non-farm
12            residences within 1/2 mile of the boundaries of
13            the site on the date of application; and
14                (IV) was placed more than 5 feet above the
15            water table.
16            Any ordinance approving a residential setback of
17        less than 1/4 mile that is used to meet the
18        requirements of this subparagraph (D) must
19        specifically reference this subparagraph.
20    For the purposes of this subsection (q), "agronomic rates"
21means the application of not more than 20 tons per acre per
22year, except that the Board may allow a higher rate for
23individual sites where the owner or operator has demonstrated
24to the Board that the site's soil characteristics or crop
25needs require a higher rate.
26    (r) Cause or allow the storage or disposal of coal

 

 

SB1656 Enrolled- 31 -LRB102 17019 SPS 22441 b

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

 

 

SB1656 Enrolled- 32 -LRB102 17019 SPS 22441 b

1        demonstrates all of the following to the Agency, and
2        the facility is operated in accordance with the
3        demonstration as approved by the Agency: (1) the
4        disposal area will be covered in a manner that will
5        support continuous vegetation, (2) the facility will
6        be adequately protected from wind and water erosion,
7        (3) the pH will be maintained so as to prevent
8        excessive leaching of metal ions, and (4) adequate
9        containment or other measures will be provided to
10        protect surface water and groundwater from
11        contamination at levels prohibited by this Act, the
12        Illinois Groundwater Protection Act, or regulations
13        adopted pursuant thereto.
14    Notwithstanding any other provision of this Title, the
15disposal of coal combustion waste pursuant to item (2) or (3)
16of this subdivision (r) shall be exempt from the other
17provisions of this Title V, and notwithstanding the provisions
18of Title X of this Act, the Agency is authorized to grant
19experimental permits which include provision for the disposal
20of wastes from the combustion of coal and other materials
21pursuant to items (2) and (3) of this subdivision (r).
22    (s) After April 1, 1989, offer for transportation,
23transport, deliver, receive or accept special waste for which
24a manifest is required, unless the manifest indicates that the
25fee required under Section 22.8 of this Act has been paid.
26    (t) Cause or allow a lateral expansion of a municipal

 

 

SB1656 Enrolled- 33 -LRB102 17019 SPS 22441 b

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

 

 

SB1656 Enrolled- 34 -LRB102 17019 SPS 22441 b

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

 

 

SB1656 Enrolled- 35 -LRB102 17019 SPS 22441 b

1below grade or contoured to grade, or (ii) used at the site of
2generation.
3(Source: P.A. 100-103, eff. 8-11-17; 101-171, eff. 7-30-19;
4revised 9-12-19.)
 
5    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
6    Sec. 39. Issuance of permits; procedures.
7    (a) When the Board has by regulation required a permit for
8the construction, installation, or operation of any type of
9facility, equipment, vehicle, vessel, or aircraft, the
10applicant shall apply to the Agency for such permit and it
11shall be the duty of the Agency to issue such a permit upon
12proof by the applicant that the facility, equipment, vehicle,
13vessel, or aircraft will not cause a violation of this Act or
14of regulations hereunder. The Agency shall adopt such
15procedures as are necessary to carry out its duties under this
16Section. In making its determinations on permit applications
17under this Section the Agency may consider prior adjudications
18of noncompliance with this Act by the applicant that involved
19a release of a contaminant into the environment. In granting
20permits, the Agency may impose reasonable conditions
21specifically related to the applicant's past compliance
22history with this Act as necessary to correct, detect, or
23prevent noncompliance. The Agency may impose such other
24conditions as may be necessary to accomplish the purposes of
25this Act, and as are not inconsistent with the regulations

 

 

SB1656 Enrolled- 36 -LRB102 17019 SPS 22441 b

1promulgated by the Board hereunder. Except as otherwise
2provided in this Act, a bond or other security shall not be
3required as a condition for the issuance of a permit. If the
4Agency denies any permit under this Section, the Agency shall
5transmit to the applicant within the time limitations of this
6Section specific, detailed statements as to the reasons the
7permit application was denied. Such statements shall include,
8but not be limited to the following:
9        (i) the Sections of this Act which may be violated if
10    the permit were granted;
11        (ii) the provision of the regulations, promulgated
12    under this Act, which may be violated if the permit were
13    granted;
14        (iii) the specific type of information, if any, which
15    the Agency deems the applicant did not provide the Agency;
16    and
17        (iv) a statement of specific reasons why the Act and
18    the regulations might not be met if the permit were
19    granted.
20    If there is no final action by the Agency within 90 days
21after the filing of the application for permit, the applicant
22may deem the permit issued; except that this time period shall
23be extended to 180 days when (1) notice and opportunity for
24public hearing are required by State or federal law or
25regulation, (2) the application which was filed is for any
26permit to develop a landfill subject to issuance pursuant to

 

 

SB1656 Enrolled- 37 -LRB102 17019 SPS 22441 b

1this subsection, or (3) the application that was filed is for a
2MSWLF unit required to issue public notice under subsection
3(p) of Section 39. The 90-day and 180-day time periods for the
4Agency to take final action do not apply to NPDES permit
5applications under subsection (b) of this Section, to RCRA
6permit applications under subsection (d) of this Section, to
7UIC permit applications under subsection (e) of this Section,
8or to CCR surface impoundment applications under subsection
9(y) of this Section.
10    The Agency shall publish notice of all final permit
11determinations for development permits for MSWLF units and for
12significant permit modifications for lateral expansions for
13existing MSWLF units one time in a newspaper of general
14circulation in the county in which the unit is or is proposed
15to be located.
16    After January 1, 1994 and until July 1, 1998, operating
17permits issued under this Section by the Agency for sources of
18air pollution permitted to emit less than 25 tons per year of
19any combination of regulated air pollutants, as defined in
20Section 39.5 of this Act, shall be required to be renewed only
21upon written request by the Agency consistent with applicable
22provisions of this Act and regulations promulgated hereunder.
23Such operating permits shall expire 180 days after the date of
24such a request. The Board shall revise its regulations for the
25existing State air pollution operating permit program
26consistent with this provision by January 1, 1994.

 

 

SB1656 Enrolled- 38 -LRB102 17019 SPS 22441 b

1    After June 30, 1998, operating permits issued under this
2Section by the Agency for sources of air pollution that are not
3subject to Section 39.5 of this Act and are not required to
4have a federally enforceable State operating permit shall be
5required to be renewed only upon written request by the Agency
6consistent with applicable provisions of this Act and its
7rules. Such operating permits shall expire 180 days after the
8date of such a request. Before July 1, 1998, the Board shall
9revise its rules for the existing State air pollution
10operating permit program consistent with this paragraph and
11shall adopt rules that require a source to demonstrate that it
12qualifies for a permit under this paragraph.
13    (b) The Agency may issue NPDES permits exclusively under
14this subsection for the discharge of contaminants from point
15sources into navigable waters, all as defined in the Federal
16Water Pollution Control Act, as now or hereafter amended,
17within the jurisdiction of the State, or into any well.
18    All NPDES permits shall contain those terms and
19conditions, including, but not limited to, schedules of
20compliance, which may be required to accomplish the purposes
21and provisions of this Act.
22    The Agency may issue general NPDES permits for discharges
23from categories of point sources which are subject to the same
24permit limitations and conditions. Such general permits may be
25issued without individual applications and shall conform to
26regulations promulgated under Section 402 of the Federal Water

 

 

SB1656 Enrolled- 39 -LRB102 17019 SPS 22441 b

1Pollution Control Act, as now or hereafter amended.
2    The Agency may include, among such conditions, effluent
3limitations and other requirements established under this Act,
4Board regulations, the Federal Water Pollution Control Act, as
5now or hereafter amended, and regulations pursuant thereto,
6and schedules for achieving compliance therewith at the
7earliest reasonable date.
8    The Agency shall adopt filing requirements and procedures
9which are necessary and appropriate for the issuance of NPDES
10permits, and which are consistent with the Act or regulations
11adopted by the Board, and with the Federal Water Pollution
12Control Act, as now or hereafter amended, and regulations
13pursuant thereto.
14    The Agency, subject to any conditions which may be
15prescribed by Board regulations, may issue NPDES permits to
16allow discharges beyond deadlines established by this Act or
17by regulations of the Board without the requirement of a
18variance, subject to the Federal Water Pollution Control Act,
19as now or hereafter amended, and regulations pursuant thereto.
20    (c) Except for those facilities owned or operated by
21sanitary districts organized under the Metropolitan Water
22Reclamation District Act, no permit for the development or
23construction of a new pollution control facility may be
24granted by the Agency unless the applicant submits proof to
25the Agency that the location of the facility has been approved
26by the county board County Board of the county if in an

 

 

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1unincorporated area, or the governing body of the municipality
2when in an incorporated area, in which the facility is to be
3located in accordance with Section 39.2 of this Act. For
4purposes of this subsection (c), and for purposes of Section
539.2 of this Act, the appropriate county board or governing
6body of the municipality shall be the county board of the
7county or the governing body of the municipality in which the
8facility is to be located as of the date when the application
9for siting approval is filed.
10    In the event that siting approval granted pursuant to
11Section 39.2 has been transferred to a subsequent owner or
12operator, that subsequent owner or operator may apply to the
13Agency for, and the Agency may grant, a development or
14construction permit for the facility for which local siting
15approval was granted. Upon application to the Agency for a
16development or construction permit by that subsequent owner or
17operator, the permit applicant shall cause written notice of
18the permit application to be served upon the appropriate
19county board or governing body of the municipality that
20granted siting approval for that facility and upon any party
21to the siting proceeding pursuant to which siting approval was
22granted. In that event, the Agency shall conduct an evaluation
23of the subsequent owner or operator's prior experience in
24waste management operations in the manner conducted under
25subsection (i) of Section 39 of this Act.
26    Beginning August 20, 1993, if the pollution control

 

 

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1facility consists of a hazardous or solid waste disposal
2facility for which the proposed site is located in an
3unincorporated area of a county with a population of less than
4100,000 and includes all or a portion of a parcel of land that
5was, on April 1, 1993, adjacent to a municipality having a
6population of less than 5,000, then the local siting review
7required under this subsection (c) in conjunction with any
8permit applied for after that date shall be performed by the
9governing body of that adjacent municipality rather than the
10county board of the county in which the proposed site is
11located; and for the purposes of that local siting review, any
12references in this Act to the county board shall be deemed to
13mean the governing body of that adjacent municipality;
14provided, however, that the provisions of this paragraph shall
15not apply to any proposed site which was, on April 1, 1993,
16owned in whole or in part by another municipality.
17    In the case of a pollution control facility for which a
18development permit was issued before November 12, 1981, if an
19operating permit has not been issued by the Agency prior to
20August 31, 1989 for any portion of the facility, then the
21Agency may not issue or renew any development permit nor issue
22an original operating permit for any portion of such facility
23unless the applicant has submitted proof to the Agency that
24the location of the facility has been approved by the
25appropriate county board or municipal governing body pursuant
26to Section 39.2 of this Act.

 

 

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1    After January 1, 1994, if a solid waste disposal facility,
2any portion for which an operating permit has been issued by
3the Agency, has not accepted waste disposal for 5 or more
4consecutive calendar calendars years, before that facility may
5accept any new or additional waste for disposal, the owner and
6operator must obtain a new operating permit under this Act for
7that facility unless the owner and operator have applied to
8the Agency for a permit authorizing the temporary suspension
9of waste acceptance. The Agency may not issue a new operation
10permit under this Act for the facility unless the applicant
11has submitted proof to the Agency that the location of the
12facility has been approved or re-approved by the appropriate
13county board or municipal governing body under Section 39.2 of
14this Act after the facility ceased accepting waste.
15    Except for those facilities owned or operated by sanitary
16districts organized under the Metropolitan Water Reclamation
17District Act, and except for new pollution control facilities
18governed by Section 39.2, and except for fossil fuel mining
19facilities, the granting of a permit under this Act shall not
20relieve the applicant from meeting and securing all necessary
21zoning approvals from the unit of government having zoning
22jurisdiction over the proposed facility.
23    Before beginning construction on any new sewage treatment
24plant or sludge drying site to be owned or operated by a
25sanitary district organized under the Metropolitan Water
26Reclamation District Act for which a new permit (rather than

 

 

SB1656 Enrolled- 43 -LRB102 17019 SPS 22441 b

1the renewal or amendment of an existing permit) is required,
2such sanitary district shall hold a public hearing within the
3municipality within which the proposed facility is to be
4located, or within the nearest community if the proposed
5facility is to be located within an unincorporated area, at
6which information concerning the proposed facility shall be
7made available to the public, and members of the public shall
8be given the opportunity to express their views concerning the
9proposed facility.
10    The Agency may issue a permit for a municipal waste
11transfer station without requiring approval pursuant to
12Section 39.2 provided that the following demonstration is
13made:
14        (1) the municipal waste transfer station was in
15    existence on or before January 1, 1979 and was in
16    continuous operation from January 1, 1979 to January 1,
17    1993;
18        (2) the operator submitted a permit application to the
19    Agency to develop and operate the municipal waste transfer
20    station during April of 1994;
21        (3) the operator can demonstrate that the county board
22    of the county, if the municipal waste transfer station is
23    in an unincorporated area, or the governing body of the
24    municipality, if the station is in an incorporated area,
25    does not object to resumption of the operation of the
26    station; and

 

 

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1        (4) the site has local zoning approval.
2    (d) The Agency may issue RCRA permits exclusively under
3this subsection to persons owning or operating a facility for
4the treatment, storage, or disposal of hazardous waste as
5defined under this Act. Subsection (y) of this Section, rather
6than this subsection (d), shall apply to permits issued for
7CCR surface impoundments.
8    All RCRA permits shall contain those terms and conditions,
9including, but not limited to, schedules of compliance, which
10may be required to accomplish the purposes and provisions of
11this Act. The Agency may include among such conditions
12standards and other requirements established under this Act,
13Board regulations, the Resource Conservation and Recovery Act
14of 1976 (P.L. 94-580), as amended, and regulations pursuant
15thereto, and may include schedules for achieving compliance
16therewith as soon as possible. The Agency shall require that a
17performance bond or other security be provided as a condition
18for the issuance of a RCRA permit.
19    In the case of a permit to operate a hazardous waste or PCB
20incinerator as defined in subsection (k) of Section 44, the
21Agency shall require, as a condition of the permit, that the
22operator of the facility perform such analyses of the waste to
23be incinerated as may be necessary and appropriate to ensure
24the safe operation of the incinerator.
25    The Agency shall adopt filing requirements and procedures
26which are necessary and appropriate for the issuance of RCRA

 

 

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1permits, and which are consistent with the Act or regulations
2adopted by the Board, and with the Resource Conservation and
3Recovery Act of 1976 (P.L. 94-580), as amended, and
4regulations pursuant thereto.
5    The applicant shall make available to the public for
6inspection all documents submitted by the applicant to the
7Agency in furtherance of an application, with the exception of
8trade secrets, at the office of the county board or governing
9body of the municipality. Such documents may be copied upon
10payment of the actual cost of reproduction during regular
11business hours of the local office. The Agency shall issue a
12written statement concurrent with its grant or denial of the
13permit explaining the basis for its decision.
14    (e) The Agency may issue UIC permits exclusively under
15this subsection to persons owning or operating a facility for
16the underground injection of contaminants as defined under
17this Act.
18    All UIC permits shall contain those terms and conditions,
19including, but not limited to, schedules of compliance, which
20may be required to accomplish the purposes and provisions of
21this Act. The Agency may include among such conditions
22standards and other requirements established under this Act,
23Board regulations, the Safe Drinking Water Act (P.L. 93-523),
24as amended, and regulations pursuant thereto, and may include
25schedules for achieving compliance therewith. The Agency shall
26require that a performance bond or other security be provided

 

 

SB1656 Enrolled- 46 -LRB102 17019 SPS 22441 b

1as a condition for the issuance of a UIC permit.
2    The Agency shall adopt filing requirements and procedures
3which are necessary and appropriate for the issuance of UIC
4permits, and which are consistent with the Act or regulations
5adopted by the Board, and with the Safe Drinking Water Act
6(P.L. 93-523), as amended, and regulations pursuant thereto.
7    The applicant shall make available to the public for
8inspection, all documents submitted by the applicant to the
9Agency in furtherance of an application, with the exception of
10trade secrets, at the office of the county board or governing
11body of the municipality. Such documents may be copied upon
12payment of the actual cost of reproduction during regular
13business hours of the local office. The Agency shall issue a
14written statement concurrent with its grant or denial of the
15permit explaining the basis for its decision.
16    (f) In making any determination pursuant to Section 9.1 of
17this Act:
18        (1) The Agency shall have authority to make the
19    determination of any question required to be determined by
20    the Clean Air Act, as now or hereafter amended, this Act,
21    or the regulations of the Board, including the
22    determination of the Lowest Achievable Emission Rate,
23    Maximum Achievable Control Technology, or Best Available
24    Control Technology, consistent with the Board's
25    regulations, if any.
26        (2) The Agency shall adopt requirements as necessary

 

 

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1    to implement public participation procedures, including,
2    but not limited to, public notice, comment, and an
3    opportunity for hearing, which must accompany the
4    processing of applications for PSD permits. The Agency
5    shall briefly describe and respond to all significant
6    comments on the draft permit raised during the public
7    comment period or during any hearing. The Agency may group
8    related comments together and provide one unified response
9    for each issue raised.
10        (3) Any complete permit application submitted to the
11    Agency under this subsection for a PSD permit shall be
12    granted or denied by the Agency not later than one year
13    after the filing of such completed application.
14        (4) The Agency shall, after conferring with the
15    applicant, give written notice to the applicant of its
16    proposed decision on the application, including the terms
17    and conditions of the permit to be issued and the facts,
18    conduct, or other basis upon which the Agency will rely to
19    support its proposed action.
20    (g) The Agency shall include as conditions upon all
21permits issued for hazardous waste disposal sites such
22restrictions upon the future use of such sites as are
23reasonably necessary to protect public health and the
24environment, including permanent prohibition of the use of
25such sites for purposes which may create an unreasonable risk
26of injury to human health or to the environment. After

 

 

SB1656 Enrolled- 48 -LRB102 17019 SPS 22441 b

1administrative and judicial challenges to such restrictions
2have been exhausted, the Agency shall file such restrictions
3of record in the Office of the Recorder of the county in which
4the hazardous waste disposal site is located.
5    (h) A hazardous waste stream may not be deposited in a
6permitted hazardous waste site unless specific authorization
7is obtained from the Agency by the generator and disposal site
8owner and operator for the deposit of that specific hazardous
9waste stream. The Agency may grant specific authorization for
10disposal of hazardous waste streams only after the generator
11has reasonably demonstrated that, considering technological
12feasibility and economic reasonableness, the hazardous waste
13cannot be reasonably recycled for reuse, nor incinerated or
14chemically, physically or biologically treated so as to
15neutralize the hazardous waste and render it nonhazardous. In
16granting authorization under this Section, the Agency may
17impose such conditions as may be necessary to accomplish the
18purposes of the Act and are consistent with this Act and
19regulations promulgated by the Board hereunder. If the Agency
20refuses to grant authorization under this Section, the
21applicant may appeal as if the Agency refused to grant a
22permit, pursuant to the provisions of subsection (a) of
23Section 40 of this Act. For purposes of this subsection (h),
24the term "generator" has the meaning given in Section 3.205 of
25this Act, unless: (1) the hazardous waste is treated,
26incinerated, or partially recycled for reuse prior to

 

 

SB1656 Enrolled- 49 -LRB102 17019 SPS 22441 b

1disposal, in which case the last person who treats,
2incinerates, or partially recycles the hazardous waste prior
3to disposal is the generator; or (2) the hazardous waste is
4from a response action, in which case the person performing
5the response action is the generator. This subsection (h) does
6not apply to any hazardous waste that is restricted from land
7disposal under 35 Ill. Adm. Code 728.
8    (i) Before issuing any RCRA permit, any permit for a waste
9storage site, sanitary landfill, waste disposal site, waste
10transfer station, waste treatment facility, waste incinerator,
11or any waste-transportation operation, any permit or interim
12authorization for a clean construction or demolition debris
13fill operation, or any permit required under subsection (d-5)
14of Section 55, the Agency shall conduct an evaluation of the
15prospective owner's or operator's prior experience in waste
16management operations, clean construction or demolition debris
17fill operations, and tire storage site management. The Agency
18may deny such a permit, or deny or revoke interim
19authorization, if the prospective owner or operator or any
20employee or officer of the prospective owner or operator has a
21history of:
22        (1) repeated violations of federal, State, or local
23    laws, regulations, standards, or ordinances in the
24    operation of waste management facilities or sites, clean
25    construction or demolition debris fill operation
26    facilities or sites, or tire storage sites; or

 

 

SB1656 Enrolled- 50 -LRB102 17019 SPS 22441 b

1        (2) conviction in this or another State of any crime
2    which is a felony under the laws of this State, or
3    conviction of a felony in a federal court; or conviction
4    in this or another state or federal court of any of the
5    following crimes: forgery, official misconduct, bribery,
6    perjury, or knowingly submitting false information under
7    any environmental law, regulation, or permit term or
8    condition; or
9        (3) proof of gross carelessness or incompetence in
10    handling, storing, processing, transporting or disposing
11    of waste, clean construction or demolition debris, or used
12    or waste tires, or proof of gross carelessness or
13    incompetence in using clean construction or demolition
14    debris as fill.
15    (i-5) Before issuing any permit or approving any interim
16authorization for a clean construction or demolition debris
17fill operation in which any ownership interest is transferred
18between January 1, 2005, and the effective date of the
19prohibition set forth in Section 22.52 of this Act, the Agency
20shall conduct an evaluation of the operation if any previous
21activities at the site or facility may have caused or allowed
22contamination of the site. It shall be the responsibility of
23the owner or operator seeking the permit or interim
24authorization to provide to the Agency all of the information
25necessary for the Agency to conduct its evaluation. The Agency
26may deny a permit or interim authorization if previous

 

 

SB1656 Enrolled- 51 -LRB102 17019 SPS 22441 b

1activities at the site may have caused or allowed
2contamination at the site, unless such contamination is
3authorized under any permit issued by the Agency.
4    (j) The issuance under this Act of a permit to engage in
5the surface mining of any resources other than fossil fuels
6shall not relieve the permittee from its duty to comply with
7any applicable local law regulating the commencement, location
8or operation of surface mining facilities.
9    (k) A development permit issued under subsection (a) of
10Section 39 for any facility or site which is required to have a
11permit under subsection (d) of Section 21 shall expire at the
12end of 2 calendar years from the date upon which it was issued,
13unless within that period the applicant has taken action to
14develop the facility or the site. In the event that review of
15the conditions of the development permit is sought pursuant to
16Section 40 or 41, or permittee is prevented from commencing
17development of the facility or site by any other litigation
18beyond the permittee's control, such two-year period shall be
19deemed to begin on the date upon which such review process or
20litigation is concluded.
21    (l) No permit shall be issued by the Agency under this Act
22for construction or operation of any facility or site located
23within the boundaries of any setback zone established pursuant
24to this Act, where such construction or operation is
25prohibited.
26    (m) The Agency may issue permits to persons owning or

 

 

SB1656 Enrolled- 52 -LRB102 17019 SPS 22441 b

1operating a facility for composting landscape waste. In
2granting such permits, the Agency may impose such conditions
3as may be necessary to accomplish the purposes of this Act, and
4as are not inconsistent with applicable regulations
5promulgated by the Board. Except as otherwise provided in this
6Act, a bond or other security shall not be required as a
7condition for the issuance of a permit. If the Agency denies
8any permit pursuant to this subsection, the Agency shall
9transmit to the applicant within the time limitations of this
10subsection specific, detailed statements as to the reasons the
11permit application was denied. Such statements shall include
12but not be limited to the following:
13        (1) the Sections of this Act that may be violated if
14    the permit were granted;
15        (2) the specific regulations promulgated pursuant to
16    this Act that may be violated if the permit were granted;
17        (3) the specific information, if any, the Agency deems
18    the applicant did not provide in its application to the
19    Agency; and
20        (4) a statement of specific reasons why the Act and
21    the regulations might be violated if the permit were
22    granted.
23    If no final action is taken by the Agency within 90 days
24after the filing of the application for permit, the applicant
25may deem the permit issued. Any applicant for a permit may
26waive the 90-day limitation by filing a written statement with

 

 

SB1656 Enrolled- 53 -LRB102 17019 SPS 22441 b

1the Agency.
2    The Agency shall issue permits for such facilities upon
3receipt of an application that includes a legal description of
4the site, a topographic map of the site drawn to the scale of
5200 feet to the inch or larger, a description of the operation,
6including the area served, an estimate of the volume of
7materials to be processed, and documentation that:
8        (1) the facility includes a setback of at least 200
9    feet from the nearest potable water supply well;
10        (2) the facility is located outside the boundary of
11    the 10-year floodplain or the site will be floodproofed;
12        (3) the facility is located so as to minimize
13    incompatibility with the character of the surrounding
14    area, including at least a 200 foot setback from any
15    residence, and in the case of a facility that is developed
16    or the permitted composting area of which is expanded
17    after November 17, 1991, the composting area is located at
18    least 1/8 mile from the nearest residence (other than a
19    residence located on the same property as the facility);
20        (4) the design of the facility will prevent any
21    compost material from being placed within 5 feet of the
22    water table, will adequately control runoff from the site,
23    and will collect and manage any leachate that is generated
24    on the site;
25        (5) the operation of the facility will include
26    appropriate dust and odor control measures, limitations on

 

 

SB1656 Enrolled- 54 -LRB102 17019 SPS 22441 b

1    operating hours, appropriate noise control measures for
2    shredding, chipping and similar equipment, management
3    procedures for composting, containment and disposal of
4    non-compostable wastes, procedures to be used for
5    terminating operations at the site, and recordkeeping
6    sufficient to document the amount of materials received,
7    composted and otherwise disposed of; and
8        (6) the operation will be conducted in accordance with
9    any applicable rules adopted by the Board.
10    The Agency shall issue renewable permits of not longer
11than 10 years in duration for the composting of landscape
12wastes, as defined in Section 3.155 of this Act, based on the
13above requirements.
14    The operator of any facility permitted under this
15subsection (m) must submit a written annual statement to the
16Agency on or before April 1 of each year that includes an
17estimate of the amount of material, in tons, received for
18composting.
19    (n) The Agency shall issue permits jointly with the
20Department of Transportation for the dredging or deposit of
21material in Lake Michigan in accordance with Section 18 of the
22Rivers, Lakes, and Streams Act.
23    (o) (Blank.)
24    (p) (1) Any person submitting an application for a permit
25for a new MSWLF unit or for a lateral expansion under
26subsection (t) of Section 21 of this Act for an existing MSWLF

 

 

SB1656 Enrolled- 55 -LRB102 17019 SPS 22441 b

1unit that has not received and is not subject to local siting
2approval under Section 39.2 of this Act shall publish notice
3of the application in a newspaper of general circulation in
4the county in which the MSWLF unit is or is proposed to be
5located. The notice must be published at least 15 days before
6submission of the permit application to the Agency. The notice
7shall state the name and address of the applicant, the
8location of the MSWLF unit or proposed MSWLF unit, the nature
9and size of the MSWLF unit or proposed MSWLF unit, the nature
10of the activity proposed, the probable life of the proposed
11activity, the date the permit application will be submitted,
12and a statement that persons may file written comments with
13the Agency concerning the permit application within 30 days
14after the filing of the permit application unless the time
15period to submit comments is extended by the Agency.
16    When a permit applicant submits information to the Agency
17to supplement a permit application being reviewed by the
18Agency, the applicant shall not be required to reissue the
19notice under this subsection.
20    (2) The Agency shall accept written comments concerning
21the permit application that are postmarked no later than 30
22days after the filing of the permit application, unless the
23time period to accept comments is extended by the Agency.
24    (3) Each applicant for a permit described in part (1) of
25this subsection shall file a copy of the permit application
26with the county board or governing body of the municipality in

 

 

SB1656 Enrolled- 56 -LRB102 17019 SPS 22441 b

1which the MSWLF unit is or is proposed to be located at the
2same time the application is submitted to the Agency. The
3permit application filed with the county board or governing
4body of the municipality shall include all documents submitted
5to or to be submitted to the Agency, except trade secrets as
6determined under Section 7.1 of this Act. The permit
7application and other documents on file with the county board
8or governing body of the municipality shall be made available
9for public inspection during regular business hours at the
10office of the county board or the governing body of the
11municipality and may be copied upon payment of the actual cost
12of reproduction.
13    (q) Within 6 months after July 12, 2011 (the effective
14date of Public Act 97-95), the Agency, in consultation with
15the regulated community, shall develop a web portal to be
16posted on its website for the purpose of enhancing review and
17promoting timely issuance of permits required by this Act. At
18a minimum, the Agency shall make the following information
19available on the web portal:
20        (1) Checklists and guidance relating to the completion
21    of permit applications, developed pursuant to subsection
22    (s) of this Section, which may include, but are not
23    limited to, existing instructions for completing the
24    applications and examples of complete applications. As the
25    Agency develops new checklists and develops guidance, it
26    shall supplement the web portal with those materials.

 

 

SB1656 Enrolled- 57 -LRB102 17019 SPS 22441 b

1        (2) Within 2 years after July 12, 2011 (the effective
2    date of Public Act 97-95), permit application forms or
3    portions of permit applications that can be completed and
4    saved electronically, and submitted to the Agency
5    electronically with digital signatures.
6        (3) Within 2 years after July 12, 2011 (the effective
7    date of Public Act 97-95), an online tracking system where
8    an applicant may review the status of its pending
9    application, including the name and contact information of
10    the permit analyst assigned to the application. Until the
11    online tracking system has been developed, the Agency
12    shall post on its website semi-annual permitting
13    efficiency tracking reports that include statistics on the
14    timeframes for Agency action on the following types of
15    permits received after July 12, 2011 (the effective date
16    of Public Act 97-95): air construction permits, new NPDES
17    permits and associated water construction permits, and
18    modifications of major NPDES permits and associated water
19    construction permits. The reports must be posted by
20    February 1 and August 1 each year and shall include:
21            (A) the number of applications received for each
22        type of permit, the number of applications on which
23        the Agency has taken action, and the number of
24        applications still pending; and
25            (B) for those applications where the Agency has
26        not taken action in accordance with the timeframes set

 

 

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1        forth in this Act, the date the application was
2        received and the reasons for any delays, which may
3        include, but shall not be limited to, (i) the
4        application being inadequate or incomplete, (ii)
5        scientific or technical disagreements with the
6        applicant, USEPA, or other local, state, or federal
7        agencies involved in the permitting approval process,
8        (iii) public opposition to the permit, or (iv) Agency
9        staffing shortages. To the extent practicable, the
10        tracking report shall provide approximate dates when
11        cause for delay was identified by the Agency, when the
12        Agency informed the applicant of the problem leading
13        to the delay, and when the applicant remedied the
14        reason for the delay.
15    (r) Upon the request of the applicant, the Agency shall
16notify the applicant of the permit analyst assigned to the
17application upon its receipt.
18    (s) The Agency is authorized to prepare and distribute
19guidance documents relating to its administration of this
20Section and procedural rules implementing this Section.
21Guidance documents prepared under this subsection shall not be
22considered rules and shall not be subject to the Illinois
23Administrative Procedure Act. Such guidance shall not be
24binding on any party.
25    (t) Except as otherwise prohibited by federal law or
26regulation, any person submitting an application for a permit

 

 

SB1656 Enrolled- 59 -LRB102 17019 SPS 22441 b

1may include with the application suggested permit language for
2Agency consideration. The Agency is not obligated to use the
3suggested language or any portion thereof in its permitting
4decision. If requested by the permit applicant, the Agency
5shall meet with the applicant to discuss the suggested
6language.
7    (u) If requested by the permit applicant, the Agency shall
8provide the permit applicant with a copy of the draft permit
9prior to any public review period.
10    (v) If requested by the permit applicant, the Agency shall
11provide the permit applicant with a copy of the final permit
12prior to its issuance.
13    (w) An air pollution permit shall not be required due to
14emissions of greenhouse gases, as specified by Section 9.15 of
15this Act.
16    (x) If, before the expiration of a State operating permit
17that is issued pursuant to subsection (a) of this Section and
18contains federally enforceable conditions limiting the
19potential to emit of the source to a level below the major
20source threshold for that source so as to exclude the source
21from the Clean Air Act Permit Program, the Agency receives a
22complete application for the renewal of that permit, then all
23of the terms and conditions of the permit shall remain in
24effect until final administrative action has been taken on the
25application for the renewal of the permit.
26    (y) The Agency may issue permits exclusively under this

 

 

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1subsection to persons owning or operating a CCR surface
2impoundment subject to Section 22.59.
3    (z) If a mass animal mortality event is declared by the
4Department of Agriculture in accordance with the Animal
5Mortality Act:
6        (1) the owner or operator responsible for the disposal
7    of dead animals is exempted from the following:
8            (i) obtaining a permit for the construction,
9        installation, or operation of any type of facility or
10        equipment issued in accordance with subsection (a) of
11        this Section;
12            (ii) obtaining a permit for open burning in
13        accordance with the rules adopted by the Board; and
14            (iii) registering the disposal of dead animals as
15        an eligible small source with the Agency in accordance
16        with Section 9.14 of this Act;
17        (2) as applicable, the owner or operator responsible
18    for the disposal of dead animals is required to obtain the
19    following permits:
20            (i) an NPDES permit in accordance with subsection
21        (b) of this Section;
22            (ii) a PSD permit or an NA NSR permit in accordance
23        with Section 9.1 of this Act;
24            (iii) a lifetime State operating permit or a
25        federally enforceable State operating permit, in
26        accordance with subsection (a) of this Section; or

 

 

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1            (iv) a CAAPP permit, in accordance with Section
2        39.5 of this Act.
3    All CCR surface impoundment permits shall contain those
4terms and conditions, including, but not limited to, schedules
5of compliance, which may be required to accomplish the
6purposes and provisions of this Act, Board regulations, the
7Illinois Groundwater Protection Act and regulations pursuant
8thereto, and the Resource Conservation and Recovery Act and
9regulations pursuant thereto, and may include schedules for
10achieving compliance therewith as soon as possible.
11    The Board shall adopt filing requirements and procedures
12that are necessary and appropriate for the issuance of CCR
13surface impoundment permits and that are consistent with this
14Act or regulations adopted by the Board, and with the RCRA, as
15amended, and regulations pursuant thereto.
16    The applicant shall make available to the public for
17inspection all documents submitted by the applicant to the
18Agency in furtherance of an application, with the exception of
19trade secrets, on its public internet website as well as at the
20office of the county board or governing body of the
21municipality where CCR from the CCR surface impoundment will
22be permanently disposed. Such documents may be copied upon
23payment of the actual cost of reproduction during regular
24business hours of the local office.
25    The Agency shall issue a written statement concurrent with
26its grant or denial of the permit explaining the basis for its

 

 

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1decision.
2(Source: P.A. 101-171, eff. 7-30-19; revised 9-12-19.)
 
3    Section 15. The Criminal Code of 2012 is amended by
4changing Section 48-7 as follows:
 
5    (720 ILCS 5/48-7)
6    Sec. 48-7. Feeding garbage to animals.
7    (a) Definitions. As used in this Section:
8        "Department" means the Department of Agriculture of
9    the State of Illinois.
10        "Garbage" has the same meaning as in the federal Swine
11    Health Protection Act (7 U.S.C. 3802) and also includes
12    putrescible vegetable waste. "Garbage" does not include
13    the contents of the bovine digestive tract.
14        "Person" means any person, firm, partnership,
15    association, corporation, or other legal entity, any
16    public or private institution, the State, or any municipal
17    corporation or political subdivision of the State.
18    (b) A person commits feeding garbage to animals when he or
19she feeds or permits the feeding of garbage to swine or any
20animals or poultry on any farm or any other premises where
21swine are kept.
22    (c) Establishments licensed under the Animal Mortality Act
23Illinois Dead Animal Disposal Act or under similar laws in
24other states are exempt from the provisions of this Section.

 

 

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1    (d) Nothing in this Section shall be construed to apply to
2any person who feeds garbage produced in his or her own
3household to animals or poultry kept on the premises where he
4or she resides except this garbage if fed to swine shall not
5contain particles of meat.
6    (e) Sentence. Feeding garbage to animals is a Class B
7misdemeanor, and for the first offense shall be fined not less
8than $100 nor more than $500 and for a second or subsequent
9offense shall be fined not less than $200 nor more than $500 or
10imprisoned in a penal institution other than the penitentiary
11for not more than 6 months, or both.
12    (f) A person violating this Section may be enjoined by the
13Department from continuing the violation.
14    (g) The Department may make reasonable inspections
15necessary for the enforcement of this Section, and is
16authorized to enforce, and administer the provisions of this
17Section.
18(Source: P.A. 97-1108, eff. 1-1-13; 98-785, eff. 1-1-15.)