Illinois General Assembly - Full Text of HB2860
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Full Text of HB2860  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Lawrence Walsh, Jr.


415 ILCS 5/3.330  was 415 ILCS 5/3.32
415 ILCS 5/3.336 new
415 ILCS 5/3.366 new
415 ILCS 5/3.535  was 415 ILCS 5/3.53
415 ILCS 5/9.4  from Ch. 111 1/2, par. 1009.4
415 ILCS 5/22.16b  from Ch. 111 1/2, par. 1022.16b
415 ILCS 5/47.5 new

    Amends the Environmental Protection Act. Provides that the portion of a site or facility that collects, separates, stores, or converts post-use polymers into crude oil, fuels, or other valuable final or intermediate products using a pyrolysis process is not a pollution control facility under the Act. Defines "post-use polymers" and "pyrolysis". Makes changes to the definition for "municipal waste incineration" in provisions concerning municipal waste incineration emission standards. Limits the concurrent exercise of power by home rule units. Makes other changes. Effective immediately.

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HB2860LRB100 09896 MJP 20067 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing Sections 3.330, 3.535, 9.4, and 22.16b and by adding
6Sections 3.336, 3.366, and 47.5 as follows:
7    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
8    Sec. 3.330. Pollution control facility.
9    (a) "Pollution control facility" is any waste storage site,
10sanitary landfill, waste disposal site, waste transfer
11station, waste treatment facility, or waste incinerator. This
12includes sewers, sewage treatment plants, and any other
13facilities owned or operated by sanitary districts organized
14under the Metropolitan Water Reclamation District Act.
15    The following are not pollution control facilities:
16        (1) (blank);
17        (2) waste storage sites regulated under 40 CFR, Part
18    761.42;
19        (3) sites or facilities used by any person conducting a
20    waste storage, waste treatment, waste disposal, waste
21    transfer or waste incineration operation, or a combination
22    thereof, for wastes generated by such person's own
23    activities, when such wastes are stored, treated, disposed



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1    of, transferred or incinerated within the site or facility
2    owned, controlled or operated by such person, or when such
3    wastes are transported within or between sites or
4    facilities owned, controlled or operated by such person;
5        (4) sites or facilities at which the State is
6    performing removal or remedial action pursuant to Section
7    22.2 or 55.3;
8        (5) abandoned quarries used solely for the disposal of
9    concrete, earth materials, gravel, or aggregate debris
10    resulting from road construction activities conducted by a
11    unit of government or construction activities due to the
12    construction and installation of underground pipes, lines,
13    conduit or wires off of the premises of a public utility
14    company which are conducted by a public utility;
15        (6) sites or facilities used by any person to
16    specifically conduct a landscape composting operation;
17        (7) regional facilities as defined in the Central
18    Midwest Interstate Low-Level Radioactive Waste Compact;
19        (8) the portion of a site or facility where coal
20    combustion wastes are stored or disposed of in accordance
21    with subdivision (r)(2) or (r)(3) of Section 21;
22        (9) the portion of a site or facility used for the
23    collection, storage or processing of waste tires as defined
24    in Title XIV;
25        (10) the portion of a site or facility used for
26    treatment of petroleum contaminated materials by



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1    application onto or incorporation into the soil surface and
2    any portion of that site or facility used for storage of
3    petroleum contaminated materials before treatment. Only
4    those categories of petroleum listed in Section 57.9(a)(3)
5    are exempt under this subdivision (10);
6        (11) the portion of a site or facility where used oil
7    is collected or stored prior to shipment to a recycling or
8    energy recovery facility, provided that the used oil is
9    generated by households or commercial establishments, and
10    the site or facility is a recycling center or a business
11    where oil or gasoline is sold at retail;
12        (11.5) processing sites or facilities that receive
13    only on-specification used oil, as defined in 35 Ill.
14    Admin. Code 739, originating from used oil collectors for
15    processing that is managed under 35 Ill. Admin. Code 739 to
16    produce products for sale to off-site petroleum
17    facilities, if these processing sites or facilities are:
18    (i) located within a home rule unit of local government
19    with a population of at least 30,000 according to the 2000
20    federal census, that home rule unit of local government has
21    been designated as an Urban Round II Empowerment Zone by
22    the United States Department of Housing and Urban
23    Development, and that home rule unit of local government
24    has enacted an ordinance approving the location of the site
25    or facility and provided funding for the site or facility;
26    and (ii) in compliance with all applicable zoning



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1    requirements;
2        (12) the portion of a site or facility utilizing coal
3    combustion waste for stabilization and treatment of only
4    waste generated on that site or facility when used in
5    connection with response actions pursuant to the federal
6    Comprehensive Environmental Response, Compensation, and
7    Liability Act of 1980, the federal Resource Conservation
8    and Recovery Act of 1976, or the Illinois Environmental
9    Protection Act or as authorized by the Agency;
10        (13) the portion of a site or facility that accepts
11    exclusively general construction or demolition debris and
12    is operated and located in accordance with Section 22.38 of
13    this Act;
14        (14) the portion of a site or facility, located within
15    a unit of local government that has enacted local zoning
16    requirements, used to accept, separate, and process
17    uncontaminated broken concrete, with or without protruding
18    metal bars, provided that the uncontaminated broken
19    concrete and metal bars are not speculatively accumulated,
20    are at the site or facility no longer than one year after
21    their acceptance, and are returned to the economic
22    mainstream in the form of raw materials or products;
23        (15) the portion of a site or facility located in a
24    county with a population over 3,000,000 that has obtained
25    local siting approval under Section 39.2 of this Act for a
26    municipal waste incinerator on or before July 1, 2005 and



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1    that is used for a non-hazardous waste transfer station;
2        (16) a site or facility that temporarily holds in
3    transit for 10 days or less, non-putrescible solid waste in
4    original containers, no larger in capacity than 500
5    gallons, provided that such waste is further transferred to
6    a recycling, disposal, treatment, or storage facility on a
7    non-contiguous site and provided such site or facility
8    complies with the applicable 10-day transfer requirements
9    of the federal Resource Conservation and Recovery Act of
10    1976 and United States Department of Transportation
11    hazardous material requirements. For purposes of this
12    Section only, "non-putrescible solid waste" means waste
13    other than municipal garbage that does not rot or become
14    putrid, including, but not limited to, paints, solvent,
15    filters, and absorbents;
16        (17) the portion of a site or facility located in a
17    county with a population greater than 3,000,000 that has
18    obtained local siting approval, under Section 39.2 of this
19    Act, for a municipal waste incinerator on or before July 1,
20    2005 and that is used for wood combustion facilities for
21    energy recovery that accept and burn only wood material, as
22    included in a fuel specification approved by the Agency;
23        (18) a transfer station used exclusively for landscape
24    waste, including a transfer station where landscape waste
25    is ground to reduce its volume, where the landscape waste
26    is held no longer than 24 hours from the time it was



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



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1            1,000,000 inhabitants, the portion of the site or
2            facility used for the composting operation must be
3            located at least one-eighth of a mile from the
4            nearest residence, other than a residence located
5            on the same property as the site or facility.
6                (iv) The portion of the site or facility used
7            for the composting operation must be located at
8            least one-eighth of a mile from the property line
9            of all of the following areas:
10                    (I) Facilities that primarily serve to
11                house or treat people that are
12                immunocompromised or immunosuppressed, such as
13                cancer or AIDS patients; people with asthma,
14                cystic fibrosis, or bioaerosol allergies; or
15                children under the age of one year.
16                    (II) Primary and secondary schools and
17                adjacent areas that the schools use for
18                recreation.
19                    (III) Any facility for child care licensed
20                under Section 3 of the Child Care Act of 1969;
21                preschools; and adjacent areas that the
22                facilities or preschools use for recreation.
23                (v) By the end of each operating day, all food
24            scrap, livestock waste, crop residue,
25            uncontaminated wood waste, and paper waste must be
26            (i) processed into windrows or other piles and (ii)



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



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



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



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1        100,000 and not more than 115,000 according to the 2010
2        federal census or (ii) not less than 5,000 and not more
3        than 10,000 according to the 2010 federal census or
4        that is located in the unincorporated area of a county
5        having a population of not less than 700,000 and not
6        more than 705,000 according to the 2010 federal census;
7            (C) that is permitted, by the Agency, prior to
8        January 1, 2002, for the transfer of landscape waste if
9        located in a home rule unit or that is permitted prior
10        to January 1, 2008 if located in an unincorporated area
11        of a county; and
12            (D) for which a permit application is submitted to
13        the Agency to modify an existing permit for the
14        transfer of landscape waste to also include, on a
15        demonstration basis not to exceed 24 months each time a
16        permit is issued, the transfer of commingled landscape
17        waste and food scrap or for which a permit application
18        is submitted to the Agency within 6 months after
19        January 1, 2016; and
20        (24) the portion of a municipal solid waste landfill
21    unit:
22            (A) that is located in a county having a population
23        of not less than 55,000 and not more than 60,000
24        according to the 2010 federal census;
25            (B) that is owned by that county;
26            (C) that is permitted, by the Agency, prior to July



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1        10, 2015 (the effective date of Public Act 99-12); and
2            (D) for which a permit application is submitted to
3        the Agency within 6 months after July 10, 2015 (the
4        effective date of Public Act 99-12) for the disposal of
5        non-hazardous special waste; and .
6        (25) the portion of a site or facility that collects,
7    separates, stores, or converts post-use polymers into
8    crude oil, fuels, or other valuable final or intermediate
9    products using a pyrolysis process.
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. 98-146, eff. 1-1-14; 98-239, eff. 8-9-13; 98-756,
19eff. 7-16-14; 98-1130, eff. 1-1-15; 99-12, eff. 7-10-15;
2099-440, eff. 8-21-15; 99-642, eff. 7-28-16.)
21    (415 ILCS 5/3.336 new)
22    Sec. 3.336. Post-use polymers. "Post-use polymers" means
23polymers that derive from household, community or commercial
24activities, polymers that are recycled in commercial markets,
25or other polymers that might otherwise become a waste, where



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1such polymers are processed through pyrolysis to manufacture
2crude oil, fuels, or other valuable final or intermediate
4    (415 ILCS 5/3.366 new)
5    Sec. 3.366. Pyrolysis. "Pyrolysis" means a process through
6which post-use polymers are heated in the absence of oxygen
7until melted and they become vapors, and are then cooled,
8condensed, and converted into crude oil or refined into fuels;
9feedstocks, such as diesel and naphtha; blendstocks;
10chemicals; waxes; lubricants; or other raw materials.
11    (415 ILCS 5/3.535)  (was 415 ILCS 5/3.53)
12    Sec. 3.535. Waste. "Waste" means any garbage, sludge from
13a waste treatment plant, water supply treatment plant, or air
14pollution control facility or other discarded material,
15including solid, liquid, semi-solid, or contained gaseous
16material resulting from industrial, commercial, mining and
17agricultural operations, and from community activities, but
18does not include solid or dissolved material in domestic
19sewage, or solid or dissolved materials in irrigation return
20flows, or coal combustion by-products as defined in Section
213.135, or post-use polymers processed through pyrolysis, or
22industrial discharges which are point sources subject to
23permits under Section 402 of the Federal Water Pollution
24Control Act, as now or hereafter amended, or source, special



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1nuclear, or by-product materials as defined by the Atomic
2Energy Act of 1954, as amended (68 Stat. 921) or any solid or
3dissolved material from any facility subject to the Federal
4Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87)
5or the rules and regulations thereunder or any law or rule or
6regulation adopted by the State of Illinois pursuant thereto.
7(Source: P.A. 92-574, eff. 6-26-02.)
8    (415 ILCS 5/9.4)  (from Ch. 111 1/2, par. 1009.4)
9    Sec. 9.4. Municipal waste incineration emission standards.
10    (a) The General Assembly finds:
11        (1) That air pollution from municipal waste
12    incineration may constitute a threat to public health,
13    welfare and the environment. The amounts and kinds of
14    pollutants depend on the nature of the waste stream,
15    operating conditions of the incinerator, and the
16    effectiveness of emission controls. Under normal operating
17    conditions, municipal waste incinerators produce
18    pollutants such as organic compounds, metallic compounds
19    and acid gases which may be a threat to public health,
20    welfare and the environment.
21        (2) That a combustion and flue-gas control system,
22    which is properly designed, operated and maintained, can
23    substantially reduce the emissions of organic materials,
24    metallic compounds and acid gases from municipal waste
25    incineration.



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1    (b) It is the purpose of this Section to insure that
2emissions from new municipal waste incineration facilities
3which burn a total of 25 tons or more of municipal waste per
4day are adequately controlled.
5    Such facilities shall be subject to emissions limits and
6operating standards based upon the application of Best
7Available Control Technology, as determined by the Agency, for
8emissions of the following categories of pollutants:
9        (1) particulate matter, sulfur dioxide and nitrogen
10    oxides;
11        (2) acid gases;
12        (3) heavy metals; and
13        (4) organic materials.
14    (c) The Agency shall issue permits, pursuant to Section 39,
15to new municipal waste incineration facilities only if the
16Agency finds that such facilities are designed, constructed and
17operated so as to comply with the requirements prescribed by
18this Section.
19    Prior to adoption of Board regulations under subsection (d)
20of this Section the Agency may issue permits for the
21construction of new municipal waste incineration facilities.
22The Agency determination of Best Available Control Technology
23shall be based upon consideration of the specific pollutants
24named in subsection (d), and emissions of particulate matter,
25sulfur dioxide and nitrogen oxides.
26    Nothing in this Section shall limit the applicability of



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1any other Sections of this Act, or of other standards or
2regulations adopted by the Board, to municipal waste
3incineration facilities. In issuing such permits, the Agency
4may prescribe those conditions necessary to assure continuing
5compliance with the emission limits and operating standards
6determined pursuant to subsection (b); such conditions may
7include the monitoring and reporting of emissions.
8    (d) Within one year after July 1, 1986, the Board shall
9adopt regulations pursuant to Title VII of this Act, which
10define the terms in items (2), (3) and (4) of subsection (b) of
11this Section which are to be used by the Agency in making its
12determination pursuant to this Section. The provisions of
13Section 27(b) of this Act shall not apply to this rulemaking.
14    Such regulations shall be written so that the categories of
15pollutants include, but need not be limited to, the following
16specific pollutants:
17        (1) hydrogen chloride in the definition of acid gases;
18        (2) arsenic, cadmium, mercury, chromium, nickel and
19    lead in the definition of heavy metals; and
20        (3) polychlorinated dibenzo-p-dioxins, polychlorinated
21    dibenzofurans and polynuclear aromatic hydrocarbons in the
22    definition of organic materials.
23    (e) For the purposes of this Section, the term "Best
24Available Control Technology" means an emission limitation
25(including a visible emission standard) based on the maximum
26degree of pollutant reduction which the Agency, on a



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1case-by-case basis, taking into account energy, environmental
2and economic impacts, determines is achievable through the
3application of production processes or available methods,
4systems and techniques, including fuel cleaning or treatment or
5innovative fuel combustion techniques. If the Agency
6determines that technological or economic limitations on the
7application of measurement methodology to a particular class of
8sources would make the imposition of an emission standard not
9feasible, it may instead prescribe a design, equipment, work
10practice or operational standard, or combination thereof, to
11require the application of best available control technology.
12Such standard shall, to the degree possible, set forth the
13emission reduction achievable by implementation of such
14design, equipment, work practice or operation and shall provide
15for compliance by means which achieve equivalent results.
16    (f) "Municipal waste incineration" means the burning of
17municipal waste or fuel derived therefrom in a combustion
18apparatus designed to burn municipal waste that may produce
19electricity or steam as a by-product. A "new municipal waste
20incinerator" is an incinerator initially permitted for
21development or construction after January 1, 1986. For purposes
22of this Section, municipal waste and fuel derived from
23municipal waste does not include: (1) post-use polymers that
24are converted into crude oil or refined into fuels or
25feedstocks using the pyrolysis process; and (2) non-hazardous
26secondary material that is excluded from solid waste when used



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1legitimately as a fuel or ingredient in a combustion unit in
2accordance with the standards and criteria set forth in 40 CFR
3Part 241. The determination of whether a material is a solid
4waste pursuant to the standards and criteria in 40 CFR Part 241
5shall be obtained from the United States Environmental
6Protection Agency (USEPA) in accordance with the procedures for
7USEPA determinations at 40 CFR Part 241 or from the Pollution
8Control Board. For purposes of this Section, the determinations
9shall apply only to non-hazardous secondary materials pursuant
10to 40 CFR Part 241 that are also municipal waste under this
11Act. The following shall apply to waste determinations made by
12the Board under this subsection (f):
13        (1) The Board shall make the waste determinations in
14    accordance with the standards and criteria for discarded
15    non-hazardous secondary materials as provided at 40 CFR
16    Part 241.
17        (2) To make its determinations, the Board shall use the
18    adjusted standard procedures used for hazardous and
19    non-hazardous solid waste determinations but may adopt
20    substantially similar procedures tailored for waste
21    determinations as an alternative to using the adjusted
22    standard procedures.
23        (3) The Board's waste determinations shall apply to a
24    specific fuel or ingredient from a specific processor.
25    Waste determinations may be tailored to the use of the fuel
26    or ingredient at a single unit or facility or may apply to



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1    the use of the fuel or ingredient at multiple units or
2    facilities. The waste determinations may be subject to
3    conditions.
4    (g) The provisions of this Section shall not apply to
5industrial incineration facilities that burn waste generated
6at the same site.
7(Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
8    (415 ILCS 5/22.16b)  (from Ch. 111 1/2, par. 1022.16b)
9    Sec. 22.16b. (a) Beginning January 1, 1991, the Agency
10shall assess and collect a fee from the owner or operator of
11each new municipal waste incinerator. The fee shall be
12calculated by applying the rates established from time to time
13for the disposal of solid waste at sanitary landfills under
14subdivision (b)(1) of Section 22.15 to the total amount of
15municipal waste accepted for incineration at the new municipal
16waste incinerator. The exemptions provided by this Act to the
17fees imposed under subsection (b) of Section 22.15 shall not
18apply to the fee imposed by this Section.
19    The owner or operator of any new municipal waste
20incinerator permitted after January 1, 1990, but before July 1,
211990 by the Agency for the development or operation of a new
22municipal waste incinerator shall be exempt from this fee, but
23shall include the following conditions:
24        (1) The owner or operator shall provide information
25    programs to those communities serviced by the owner or



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1    operator concerning recycling and separation of waste not
2    suitable for incineration.
3        (2) The owner or operator shall provide information
4    programs to those communities serviced by the owner or
5    operator concerning the Agency's household hazardous waste
6    collection program and participation in that program.
7    For the purposes of this Section, "new municipal waste
8incinerator" means a municipal waste incinerator initially
9permitted for development or construction on or after January
101, 1990. A municipal waste incinerator is the same as a
11municipal waste incineration facility under Section 9.4 of this
13    Amounts collected under this subsection shall be deposited
14into the Municipal Waste Incinerator Tax Fund, which is hereby
15established as an interest-bearing special fund in the State
16Treasury. Monies in the Fund may be used, subject to
18        (1) by the Department of Commerce and Economic
19    Opportunity to fund its public information programs on
20    recycling in those communities served by new municipal
21    waste incinerators; and
22        (2) by the Agency to fund its household hazardous waste
23    collection activities in those communities served by new
24    municipal waste incinerators.
25    (b) Any permit issued by the Agency for the development or
26operation of a new municipal waste incinerator shall include



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1the following conditions:
2        (1) The incinerator must be designed to provide
3    continuous monitoring while in operation, with direct
4    transmission of the resultant data to the Agency, until the
5    Agency determines the best available control technology
6    for monitoring the data. The Agency shall establish the
7    test methods, procedures and averaging periods, as
8    certified by the USEPA for solid waste incinerator units,
9    and the form and frequency of reports containing results of
10    the monitoring. Compliance and enforcement shall be based
11    on such reports. Copies of the results of such monitoring
12    shall be maintained on file at the facility concerned for
13    one year, and copies shall be made available for inspection
14    and copying by interested members of the public during
15    business hours.
16        (2) The facility shall comply with the emission limits
17    adopted by the Agency under subsection (c).
18        (3) The operator of the facility shall take reasonable
19    measures to ensure that waste accepted for incineration
20    complies with all legal requirements for incineration. The
21    incinerator operator shall establish contractual
22    requirements or other notification and inspection
23    procedures sufficient to assure compliance with this
24    subsection (b)(3) which may include, but not be limited to,
25    routine inspections of waste, lists of acceptable and
26    unacceptable waste provided to haulers and notification to



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1    the Agency when the facility operator rejects and sends
2    loads away. The notification shall contain at least the
3    name of the hauler and the site from where the load was
4    hauled.
5        (4) The operator may not accept for incineration any
6    waste generated or collected in a municipality that has not
7    implemented a recycling plan or is party to an implemented
8    county plan, consistent with State goals and objectives.
9    Such plans shall include provisions for collecting,
10    recycling or diverting from landfills and municipal
11    incinerators landscape waste, household hazardous waste
12    and batteries. Such provisions may be performed at the site
13    of the new municipal incinerator.
14    The Agency, after careful scrutiny of a permit application
15for the construction, development or operation of a new
16municipal waste incinerator, shall deny the permit if (i) the
17Agency finds in the permit application noncompliance with the
18laws and rules of the State or (ii) the application indicates
19that the mandated air emissions standards will not be reached
20within six months of the proposed municipal waste incinerator
21beginning operation.
22    (c) The Agency shall adopt specific limitations on the
23emission of mercury, chromium, cadmium and lead, and good
24combustion practices, including temperature controls from
25municipal waste incinerators pursuant to Section 9.4 of the



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1    (d) The Agency shall establish household hazardous waste
2collection centers in appropriate places in this State. The
3Agency may operate and maintain the centers itself or may
4contract with other parties for that purpose. The Agency shall
5ensure that the wastes collected are properly disposed of. The
6collection centers may charge fees for their services, not to
7exceed the costs incurred. Such collection centers shall not
8(i) be regulated as hazardous waste facilities under RCRA nor
9(ii) be subject to local siting approval under Section 39.2 if
10the local governing authority agrees to waive local siting
11approval procedures.
12(Source: P.A. 94-793, eff. 5-19-06.)
13    (415 ILCS 5/47.5 new)
14    Sec. 47.5. Home rule units. A home rule unit may not
15regulate a portion of a site or facility under paragraph (25)
16of subsection (a) of Section 3.330 as a pollution control
17facility in a manner that is inconsistent with Section 3.330.
18This Section is a limitation under subsection (i) of Section 6
19of Article VII of the Illinois Constitution on the concurrent
20exercise by home rule units of powers and functions exercised
21by the State.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.