Full Text of HB3319 98th General Assembly
HB3319ham001 98TH GENERAL ASSEMBLY | Rep. Brad E. Halbrook Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 3319
| 2 | | AMENDMENT NO. ______. Amend House Bill 3319 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 21 as follows:
| 6 | | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
| 7 | | Sec. 21. Prohibited acts. No person shall:
| 8 | | (a) Cause or allow the open dumping of any waste.
| 9 | | (b) Abandon, dump, or deposit any waste upon the public | 10 | | highways or
other public property, except in a sanitary | 11 | | landfill approved by the
Agency pursuant to regulations adopted | 12 | | by the Board.
| 13 | | (c) Abandon any vehicle in violation of the "Abandoned | 14 | | Vehicles
Amendment to the Illinois Vehicle Code", as enacted by | 15 | | the 76th General
Assembly.
| 16 | | (d) Conduct any waste-storage, waste-treatment, or |
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| 1 | | waste-disposal
operation:
| 2 | | (1) without a permit granted by the Agency or in | 3 | | violation of any
conditions imposed by such permit, | 4 | | including periodic reports and full
access to adequate | 5 | | records and the inspection of facilities, as may be
| 6 | | necessary to assure compliance with this Act and with | 7 | | regulations and
standards adopted thereunder; provided, | 8 | | however, that, except for municipal
solid waste landfill | 9 | | units that receive waste on or after October 9, 1993,
no | 10 | | permit shall be
required for (i) any person conducting a | 11 | | waste-storage, waste-treatment, or
waste-disposal | 12 | | operation for wastes generated by such person's own
| 13 | | activities which are stored, treated, or disposed within | 14 | | the site where
such wastes are generated, or (ii)
a | 15 | | facility located in a county with a
population over 700,000 | 16 | | as of January 1, 2000, operated and located in accordance | 17 | | with
Section 22.38 of this Act, and used exclusively for | 18 | | the transfer, storage, or
treatment of general | 19 | | construction or demolition debris, provided that the | 20 | | facility was receiving construction or demolition debris | 21 | | on the effective date of this amendatory Act of the 96th | 22 | | General Assembly;
| 23 | | (2) in violation of any regulations or standards | 24 | | adopted by the
Board under this Act; or
| 25 | | (3) which receives waste after August 31, 1988, does | 26 | | not have a permit
issued by the Agency, and is (i) a |
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| 1 | | landfill used exclusively for the
disposal of waste | 2 | | generated at the site, (ii) a surface impoundment
receiving | 3 | | special waste not listed in an NPDES permit, (iii) a waste | 4 | | pile
in which the total volume of waste is greater than 100 | 5 | | cubic yards or the
waste is stored for over one year, or | 6 | | (iv) a land treatment facility
receiving special waste | 7 | | generated at the site; without giving notice of the
| 8 | | operation to the Agency by January 1, 1989, or 30 days | 9 | | after the date on
which the operation commences, whichever | 10 | | is later, and every 3 years
thereafter. The form for such | 11 | | notification shall be specified by the
Agency, and shall be | 12 | | limited to information regarding: the name and address
of | 13 | | the location of the operation; the type of operation; the | 14 | | types and
amounts of waste stored, treated or disposed of | 15 | | on an annual basis; the
remaining capacity of the | 16 | | operation; and the remaining expected life of
the | 17 | | operation.
| 18 | | Item (3) of this subsection (d) shall not apply to any | 19 | | person
engaged in agricultural activity who is disposing of a | 20 | | substance that
constitutes solid waste, if the substance was | 21 | | acquired for use by that
person on his own property, and the | 22 | | substance is disposed of on his own
property in accordance with | 23 | | regulations or standards adopted by the Board.
| 24 | | This subsection (d) shall not apply to hazardous waste.
| 25 | | (e) Dispose, treat, store or abandon any waste, or | 26 | | transport any waste
into this State for disposal, treatment, |
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| 1 | | storage or abandonment, except at
a site or facility which | 2 | | meets the requirements of this Act and of
regulations and | 3 | | standards thereunder.
| 4 | | (f) Conduct any hazardous waste-storage, hazardous | 5 | | waste-treatment or
hazardous waste-disposal operation:
| 6 | | (1) without a RCRA permit for the site issued by the | 7 | | Agency under
subsection (d) of Section 39 of this Act, or | 8 | | in violation of any condition
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; or
| 13 | | (2) in violation of any regulations or standards | 14 | | adopted by the Board
under this Act; or
| 15 | | (3) in violation of any RCRA permit filing requirement | 16 | | established under
standards adopted by the Board under this | 17 | | Act; or
| 18 | | (4) in violation of any order adopted by the Board | 19 | | under this Act.
| 20 | | Notwithstanding the above, no RCRA permit shall be required | 21 | | under this
subsection or subsection (d) of Section 39 of this | 22 | | Act for any
person engaged in agricultural activity who is | 23 | | disposing of a substance
which has been identified as a | 24 | | hazardous waste, and which has been
designated by Board | 25 | | regulations as being subject to this exception, if the
| 26 | | substance was acquired for use by that person on his own |
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| 1 | | property and the
substance is disposed of on his own property | 2 | | in accordance with regulations
or standards adopted by the | 3 | | Board.
| 4 | | (g) Conduct any hazardous waste-transportation operation:
| 5 | | (1) without registering with and obtaining a special | 6 | | waste hauling permit from the Agency in
accordance with the | 7 | | regulations adopted by the Board under this Act; or
| 8 | | (2) in violation of any regulations or standards | 9 | | adopted by
the
Board under this Act.
| 10 | | (h) Conduct any hazardous waste-recycling or hazardous | 11 | | waste-reclamation
or hazardous waste-reuse operation in | 12 | | violation of any regulations, standards
or permit requirements | 13 | | adopted by the Board under this Act.
| 14 | | (i) Conduct any process or engage in any act which produces | 15 | | hazardous
waste in violation of any regulations or standards | 16 | | adopted by the Board
under subsections (a) and (c) of Section | 17 | | 22.4 of this Act.
| 18 | | (j) Conduct any special waste transportation operation in | 19 | | violation
of any regulations, standards or permit requirements | 20 | | adopted by the Board
under this Act. However, sludge from a | 21 | | water or sewage treatment plant
owned and operated by a unit of | 22 | | local government which (1) is subject to a
sludge management | 23 | | plan approved by the Agency or a permit granted by the
Agency, | 24 | | and (2) has been tested and determined not to be a hazardous | 25 | | waste
as required by applicable State and federal laws and | 26 | | regulations, may be
transported in this State without a special |
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| 1 | | waste hauling permit, and the
preparation and carrying of a | 2 | | manifest shall not be required for such
sludge under the rules | 3 | | of the Pollution Control Board. The unit of local
government | 4 | | which operates the treatment plant producing such sludge shall
| 5 | | file a semiannual report with the Agency identifying the volume | 6 | | of such
sludge transported during the reporting period, the | 7 | | hauler of the sludge,
and the disposal sites to which it was | 8 | | transported. This subsection (j)
shall not apply to hazardous | 9 | | waste.
| 10 | | (k) Fail or refuse to pay any fee imposed under this Act.
| 11 | | (l) Locate a hazardous waste disposal site above an active | 12 | | or
inactive shaft or tunneled mine or within 2 miles of an | 13 | | active fault in
the earth's crust. In counties of population | 14 | | less than 225,000 no
hazardous waste disposal site shall be | 15 | | located (1) within 1 1/2 miles of
the corporate limits as | 16 | | defined on June 30, 1978, of any municipality
without the | 17 | | approval of the governing body of the municipality in an
| 18 | | official action; or (2) within 1000 feet of an existing private | 19 | | well or
the existing source of a public water supply measured | 20 | | from the boundary
of the actual active permitted site and | 21 | | excluding existing private wells
on the property of the permit | 22 | | applicant. The provisions of this
subsection do not apply to | 23 | | publicly-owned sewage works or the disposal
or utilization of | 24 | | sludge from publicly-owned sewage works.
| 25 | | (m) Transfer interest in any land which has been used as a
| 26 | | hazardous waste disposal site without written notification to |
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| 1 | | the Agency
of the transfer and to the transferee of the | 2 | | conditions imposed by the Agency
upon its use under subsection | 3 | | (g) of Section 39.
| 4 | | (n) Use any land which has been used as a hazardous waste
| 5 | | disposal site except in compliance with conditions imposed by | 6 | | the Agency
under subsection (g) of Section 39.
| 7 | | (o) Conduct a sanitary landfill operation which is required | 8 | | to have a
permit under subsection (d) of this Section, in a | 9 | | manner which results in
any of the following conditions:
| 10 | | (1) refuse in standing or flowing waters;
| 11 | | (2) leachate flows entering waters of the State;
| 12 | | (3) leachate flows exiting the landfill confines (as | 13 | | determined by the
boundaries established for the landfill | 14 | | by a permit issued by the Agency);
| 15 | | (4) open burning of refuse in violation of Section 9 of | 16 | | this Act;
| 17 | | (5) uncovered refuse remaining from any previous | 18 | | operating day or at the
conclusion of any operating day, | 19 | | unless authorized by permit;
| 20 | | (6) failure to provide final cover within time limits | 21 | | established by
Board regulations;
| 22 | | (7) acceptance of wastes without necessary permits;
| 23 | | (8) scavenging as defined by Board regulations;
| 24 | | (9) deposition of refuse in any unpermitted portion of | 25 | | the landfill;
| 26 | | (10) acceptance of a special waste without a required |
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| 1 | | manifest;
| 2 | | (11) failure to submit reports required by permits or | 3 | | Board regulations;
| 4 | | (12) failure to collect and contain litter from the | 5 | | site by the end of
each operating day;
| 6 | | (13) failure to submit any cost estimate for the site | 7 | | or any performance
bond or other security for the site as | 8 | | required by this Act or Board rules.
| 9 | | The prohibitions specified in this subsection (o) shall be | 10 | | enforceable by
the Agency either by administrative citation | 11 | | under Section 31.1 of this Act
or as otherwise provided by this | 12 | | Act. The specific prohibitions in this
subsection do not limit | 13 | | the power of the Board to establish regulations
or standards | 14 | | applicable to sanitary landfills.
| 15 | | (p) In violation of subdivision (a) of this Section, cause | 16 | | or allow the
open dumping of any waste in a manner which | 17 | | results in any of the following
occurrences at the dump site:
| 18 | | (1) litter;
| 19 | | (2) scavenging;
| 20 | | (3) open burning;
| 21 | | (4) deposition of waste in standing or flowing waters;
| 22 | | (5) proliferation of disease vectors;
| 23 | | (6) standing or flowing liquid discharge from the dump | 24 | | site;
| 25 | | (7) deposition of:
| 26 | | (i) general construction or demolition debris as |
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| 1 | | defined in Section
3.160(a) of this Act; or
| 2 | | (ii) clean construction or demolition debris as | 3 | | defined in Section
3.160(b) of this Act.
| 4 | | The prohibitions specified in this subsection (p) shall be
| 5 | | enforceable by the Agency either by administrative citation | 6 | | under Section
31.1 of this Act or as otherwise provided by this | 7 | | Act. The specific
prohibitions in this subsection do not limit | 8 | | the power of the Board to
establish regulations or standards | 9 | | applicable to open dumping.
| 10 | | (q) Conduct a landscape waste composting operation without | 11 | | an Agency
permit, provided, however, that no permit shall be | 12 | | required for any person:
| 13 | | (1) conducting a landscape waste composting operation | 14 | | for landscape
wastes generated by such person's own | 15 | | activities which are stored, treated
or disposed of within | 16 | | the site where such wastes are generated; or
| 17 | | (2) applying landscape waste or composted landscape | 18 | | waste at agronomic
rates; 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 |
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| 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 dry, uncontaminated, and | 7 | | source-separated crop residue and other agricultural | 8 | | plant residue generated from the production and | 9 | | harvesting of crops and other customary farm | 10 | | practices, including, but not limited to, stalks, | 11 | | leaves, seed pods, husks, bagasse, and roots; | 12 | | (A-2) any composting additives that the composting | 13 | | facility accepts and uses at the facility are necessary | 14 | | to provide proper conditions for composting and do not | 15 | | exceed 10% of the total composting material at the | 16 | | facility at any one time;
| 17 | | (B) the property on which the composting facility | 18 | | is located, and any
associated property on which the | 19 | | compost is used, is principally and
diligently devoted | 20 | | to the production of agricultural crops and
is not | 21 | | owned, leased or otherwise controlled by any waste | 22 | | hauler
or generator of nonagricultural compost | 23 | | materials, and the operator of the
composting facility | 24 | | is not an employee, partner, shareholder, or in any way
| 25 | | connected with or controlled by any such waste hauler | 26 | | or generator;
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| 1 | | (C) all compost generated by the composting | 2 | | facility is applied at
agronomic rates and used as | 3 | | mulch, fertilizer or soil conditioner on land
actually | 4 | | farmed by the person operating the composting | 5 | | facility, and the
finished compost is not stored at the | 6 | | composting site for a period longer
than 18 months | 7 | | prior to its application as mulch, fertilizer, or soil | 8 | | conditioner;
| 9 | | (D) the owner or operator, by January 1, 1990 (or | 10 | | the January 1
following commencement of operation, | 11 | | whichever is later) and January 1 of
each year | 12 | | thereafter , (i) registers the site with the Agency, | 13 | | (ii) reports
to the Agency on the volume of composting | 14 | | material received and used at the
site, (iii) certifies | 15 | | to the Agency that the site complies with the
| 16 | | requirements set forth in subparagraphs (A), (A-1), | 17 | | (A-2), (B) , and (C) of this paragraph
(q)(3), and (iv) | 18 | | certifies to the Agency that all composting material | 19 | | was
placed more than 200 feet from the nearest potable | 20 | | water supply well, was
placed outside the boundary of | 21 | | the 10-year floodplain or on a part of the
site that is | 22 | | floodproofed, was placed at least 1/4 mile from the | 23 | | nearest
residence (other than a residence located on | 24 | | the same property as the
facility) and there are not | 25 | | more than 10 occupied non-farm residences
within 1/2 | 26 | | mile of the boundaries of the site on the date of |
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| 1 | | application,
and was placed more than 5 feet above the | 2 | | water table.
| 3 | | For the purposes of this subsection (q), "agronomic rates" | 4 | | means the
application of not more than 20 tons per acre per | 5 | | year, except that the
Board may allow a higher rate for | 6 | | individual sites where the owner or
operator has demonstrated | 7 | | to the Board that the site's soil
characteristics or crop needs | 8 | | require a higher rate.
| 9 | | (r) Cause or allow the storage or disposal of coal | 10 | | combustion
waste unless:
| 11 | | (1) such waste is stored or disposed of at a site or
| 12 | | facility for which
a permit has been obtained or is not | 13 | | otherwise required under subsection
(d) of this Section; or
| 14 | | (2) such waste is stored or disposed of as a part of
| 15 | | the design and
reclamation of a site or facility which is | 16 | | an abandoned mine site in
accordance with the Abandoned | 17 | | Mined Lands and Water Reclamation Act; or
| 18 | | (3) such waste is stored or disposed of at a site or
| 19 | | facility which is
operating under NPDES and Subtitle D | 20 | | permits issued by the Agency pursuant
to regulations | 21 | | adopted by the Board for mine-related water pollution and
| 22 | | permits issued pursuant to the Federal Surface Mining | 23 | | Control and
Reclamation Act of 1977 (P.L. 95-87) or the | 24 | | rules and regulations
thereunder or any law or rule or | 25 | | regulation adopted by the State of
Illinois pursuant | 26 | | thereto, and the owner or operator of the facility agrees
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| 1 | | to accept the waste; and either
| 2 | | (i) such waste is stored or disposed of in | 3 | | accordance
with requirements
applicable to refuse | 4 | | disposal under regulations adopted by the Board for
| 5 | | mine-related water pollution and pursuant to NPDES and | 6 | | Subtitle D permits
issued by the Agency under such | 7 | | regulations; or
| 8 | | (ii) the owner or operator of the facility | 9 | | demonstrates all of the
following to the Agency, and | 10 | | the facility is operated in accordance with
the | 11 | | demonstration as approved by the Agency: (1) the | 12 | | disposal area will be
covered in a manner that will | 13 | | support continuous vegetation, (2) the
facility will | 14 | | be adequately protected from wind and water erosion, | 15 | | (3) the
pH will be maintained so as to prevent | 16 | | excessive leaching of metal ions,
and (4) adequate | 17 | | containment or other measures will be provided to | 18 | | protect
surface water and groundwater from | 19 | | contamination at levels prohibited by
this Act, the | 20 | | Illinois Groundwater Protection Act, or regulations | 21 | | adopted
pursuant thereto.
| 22 | | Notwithstanding any other provision of this Title, the | 23 | | disposal of coal
combustion waste pursuant to item (2) or (3) | 24 | | of this
subdivision (r) shall
be exempt from the other | 25 | | provisions of this Title V, and notwithstanding
the provisions | 26 | | of Title X of this Act, the Agency is authorized to grant
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| 1 | | experimental permits which include provision for the disposal | 2 | | of
wastes from the combustion of coal and other materials | 3 | | pursuant to items
(2) and (3) of this subdivision (r).
| 4 | | (s) After April 1, 1989, offer for transportation, | 5 | | transport, deliver,
receive or accept special waste for which a | 6 | | manifest is required, unless
the manifest indicates that the | 7 | | fee required under Section 22.8 of this
Act has been paid.
| 8 | | (t) Cause or allow a lateral expansion of a municipal solid | 9 | | waste landfill
unit on or after October 9, 1993, without a | 10 | | permit modification, granted by the
Agency, that authorizes the | 11 | | lateral expansion.
| 12 | | (u) Conduct any vegetable by-product treatment, storage, | 13 | | disposal or
transportation operation in violation of any | 14 | | regulation, standards or permit
requirements adopted by the | 15 | | Board under this Act. However, no permit shall be
required | 16 | | under this Title V for the land application of vegetable | 17 | | by-products
conducted pursuant to Agency permit issued under | 18 | | Title III of this Act to
the generator of the vegetable | 19 | | by-products. In addition, vegetable by-products
may be | 20 | | transported in this State without a special waste hauling | 21 | | permit, and
without the preparation and carrying of a manifest.
| 22 | | (v) (Blank).
| 23 | | (w) Conduct any generation, transportation, or recycling | 24 | | of construction or
demolition debris, clean or general, or | 25 | | uncontaminated soil generated during
construction, remodeling, | 26 | | repair, and demolition of utilities, structures, and
roads that |
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| 1 | | is not commingled with any waste, without the maintenance of
| 2 | | documentation identifying the hauler, generator, place of | 3 | | origin of the debris
or soil, the weight or volume of the | 4 | | debris or soil, and the location, owner,
and operator of the | 5 | | facility where the debris or soil was transferred,
disposed, | 6 | | recycled, or treated. This documentation must be maintained by | 7 | | the
generator, transporter, or recycler for 3 years.
This | 8 | | subsection (w) shall not apply to (1) a permitted pollution | 9 | | control
facility that transfers or accepts construction or | 10 | | demolition debris,
clean or general, or uncontaminated soil for | 11 | | final disposal, recycling, or
treatment, (2) a public utility | 12 | | (as that term is defined in the Public
Utilities Act) or a | 13 | | municipal utility, (3) the Illinois Department of
| 14 | | Transportation, or (4) a municipality or a county highway | 15 | | department, with
the exception of any municipality or county | 16 | | highway department located within a
county having a population | 17 | | of over 3,000,000 inhabitants or located in a county
that
is | 18 | | contiguous to a county having a population of over 3,000,000 | 19 | | inhabitants;
but it shall apply to an entity that contracts | 20 | | with a public utility, a
municipal utility, the Illinois | 21 | | Department of Transportation, or a
municipality or a county | 22 | | highway department.
The terms
"generation" and "recycling" as
| 23 | | used in this subsection do not
apply to clean construction or | 24 | | demolition debris
when (i) used as fill material below grade | 25 | | outside of a setback zone
if covered by sufficient | 26 | | uncontaminated soil to support vegetation within 30
days of the |
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| 1 | | completion of filling or if covered by a road or structure, | 2 | | (ii)
solely broken concrete without
protruding metal bars is | 3 | | used for erosion control, or (iii) milled
asphalt or crushed | 4 | | concrete is used as aggregate in construction of the
shoulder | 5 | | of a roadway. The terms "generation" and "recycling", as used | 6 | | in this
subsection, do not apply to uncontaminated soil
that is | 7 | | not commingled with any waste when (i) used as fill material | 8 | | below
grade or contoured to grade, or (ii) used at the site of | 9 | | generation.
| 10 | | (Source: P.A. 96-611, eff. 8-24-09; 97-220, eff. 7-28-11.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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