Public Act 098-0484
 
HB3319 EnrolledLRB098 11035 JDS 41720 b

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