Illinois General Assembly - Full Text of SB3267
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Full Text of SB3267  103rd General Assembly

SB3267 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3267

 

Introduced 2/6/2024, by Sen. Jil Tracy

 

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

    Amends the Environmental Protection Act. Provides that a person may, without violating the Act, conduct a landscape waste composting operation without a permit on a site having 10 or more occupied non-farm residence within one-half mile of its boundaries without the person who conducts the operation having to ensure that a fee is not charged for the acceptance of materials to be composted at the facility.


LRB103 38378 BDA 68513 b

 

 

A BILL FOR

 

SB3267LRB103 38378 BDA 68513 b

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

 

 

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1    however, that, except for municipal solid waste landfill
2    units that receive waste on or after October 9, 1993, and
3    CCR surface impoundments, no permit shall be required for
4    (i) any person conducting a waste-storage,
5    waste-treatment, or waste-disposal operation for wastes
6    generated by such person's own activities which are
7    stored, treated, or disposed within the site where such
8    wastes are generated, (ii) until one year after the
9    effective date of rules adopted by the Board under
10    subsection (n) of Section 22.38, a facility located in a
11    county with a population over 700,000 as of January 1,
12    2000, operated and located in accordance with Section
13    22.38 of this Act, and used exclusively for the transfer,
14    storage, or treatment of general construction or
15    demolition debris, provided that the facility was
16    receiving construction or demolition debris on August 24,
17    2009 (the effective date of Public Act 96-611), or (iii)
18    any person conducting a waste transfer, storage,
19    treatment, or disposal operation, including, but not
20    limited to, a waste transfer or waste composting
21    operation, under a mass animal mortality event plan
22    created by the Department of Agriculture;
23        (2) in violation of any regulations or standards
24    adopted by the Board under this Act;
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
3    receiving special waste not listed in an NPDES permit,
4    (iii) a waste pile in which the total volume of waste is
5    greater than 100 cubic yards or the waste is stored for
6    over one year, or (iv) a land treatment facility receiving
7    special waste generated at the site; without giving notice
8    of the operation to the Agency by January 1, 1989, or 30
9    days after the date on which the operation commences,
10    whichever is later, and every 3 years thereafter. The form
11    for such notification shall be specified by the Agency,
12    and shall be limited to information regarding: the name
13    and address of the location of the operation; the type of
14    operation; the types and amounts of waste stored, treated
15    or disposed of on an annual basis; the remaining capacity
16    of the operation; and the remaining expected life of the
17    operation.
18    Item (3) of this subsection (d) shall not apply to any
19person engaged in agricultural activity who is disposing of a
20substance that constitutes solid waste, if the substance was
21acquired for use by that person on his own property, and the
22substance is disposed of on his own property in accordance
23with 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
26transport any waste into this State for disposal, treatment,

 

 

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1storage or abandonment, except at a site or facility which
2meets the requirements of this Act and of regulations and
3standards thereunder.
4    (f) Conduct any hazardous waste-storage, hazardous
5waste-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
17    this 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
21required under this subsection or subsection (d) of Section 39
22of this Act for any person engaged in agricultural activity
23who is disposing of a substance which has been identified as a
24hazardous waste, and which has been designated by Board
25regulations as being subject to this exception, if the
26substance was acquired for use by that person on his own

 

 

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1property and the substance is disposed of on his own property
2in accordance with regulations or standards adopted by the
3Board.
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
7    the 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
11waste-reclamation or hazardous waste-reuse operation in
12violation of any regulations, standards or permit requirements
13adopted by the Board under this Act.
14    (i) Conduct any process or engage in any act which
15produces hazardous waste in violation of any regulations or
16standards adopted by the Board under subsections (a) and (c)
17of Section 22.4 of this Act.
18    (j) Conduct any special waste-transportation operation in
19violation of any regulations, standards or permit requirements
20adopted by the Board under this Act. However, sludge from a
21water or sewage treatment plant owned and operated by a unit of
22local government which (1) is subject to a sludge management
23plan approved by the Agency or a permit granted by the Agency,
24and (2) has been tested and determined not to be a hazardous
25waste as required by applicable State and federal laws and
26regulations, may be transported in this State without a

 

 

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1special waste hauling permit, and the preparation and carrying
2of a manifest shall not be required for such sludge under the
3rules of the Pollution Control Board. The unit of local
4government which operates the treatment plant producing such
5sludge shall file an annual report with the Agency identifying
6the volume of such sludge transported during the reporting
7period, the hauler of the sludge, and the disposal sites to
8which it was transported. This subsection (j) shall not apply
9to hazardous 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
12or inactive shaft or tunneled mine or within 2 miles of an
13active fault in the earth's crust. In counties of population
14less than 225,000 no hazardous waste disposal site shall be
15located (1) within 1 1/2 miles of the corporate limits as
16defined on June 30, 1978, of any municipality without the
17approval of the governing body of the municipality in an
18official action; or (2) within 1000 feet of an existing
19private well or the existing source of a public water supply
20measured from the boundary of the actual active permitted site
21and excluding existing private wells on the property of the
22permit applicant. The provisions of this subsection do not
23apply to publicly owned sewage works or the disposal or
24utilization of sludge from publicly owned sewage works.
25    (m) Transfer interest in any land which has been used as a
26hazardous waste disposal site without written notification to

 

 

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1the Agency of the transfer and to the transferee of the
2conditions 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
5disposal site except in compliance with conditions imposed by
6the Agency under subsection (g) of Section 39.
7    (o) Conduct a sanitary landfill operation which is
8required to have a permit under subsection (d) of this
9Section, in a manner which results in any of the following
10conditions:
11        (1) refuse in standing or flowing waters;
12        (2) leachate flows entering waters of the State;
13        (3) leachate flows exiting the landfill confines (as
14    determined by the boundaries established for the landfill
15    by a permit issued by the Agency);
16        (4) open burning of refuse in violation of Section 9
17    of this Act;
18        (5) uncovered refuse remaining from any previous
19    operating day or at the conclusion of any operating day,
20    unless authorized by permit;
21        (6) failure to provide final cover within time limits
22    established by Board regulations;
23        (7) acceptance of wastes without necessary permits;
24        (8) scavenging as defined by Board regulations;
25        (9) deposition of refuse in any unpermitted portion of
26    the landfill;

 

 

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1        (10) acceptance of a special waste without a required
2    manifest;
3        (11) failure to submit reports required by permits or
4    Board regulations;
5        (12) failure to collect and contain litter from the
6    site by the end of each operating day;
7        (13) failure to submit any cost estimate for the site
8    or any performance bond or other security for the site as
9    required by this Act or Board rules.
10    The prohibitions specified in this subsection (o) shall be
11enforceable by the Agency either by administrative citation
12under Section 31.1 of this Act or as otherwise provided by this
13Act. The specific prohibitions in this subsection do not limit
14the power of the Board to establish regulations or standards
15applicable to sanitary landfills.
16    (p) In violation of subdivision (a) of this Section, cause
17or allow the open dumping of any waste in a manner which
18results in any of the following occurrences at the dump site:
19        (1) litter;
20        (2) scavenging;
21        (3) open burning;
22        (4) deposition of waste in standing or flowing waters;
23        (5) proliferation of disease vectors;
24        (6) standing or flowing liquid discharge from the dump
25    site;
26        (7) deposition of:

 

 

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1            (i) general construction or demolition debris as
2        defined in Section 3.160(a) of this Act; or
3            (ii) clean construction or demolition debris as
4        defined in Section 3.160(b) of this Act.
5    The prohibitions specified in this subsection (p) shall be
6enforceable by the Agency either by administrative citation
7under Section 31.1 of this Act or as otherwise provided by this
8Act. The specific prohibitions in this subsection do not limit
9the power of the Board to establish regulations or standards
10applicable to open dumping.
11    (q) Conduct a landscape waste composting operation without
12an Agency permit, provided, however, that no permit shall be
13required for any person:
14        (1) conducting a landscape waste composting operation
15    for landscape wastes generated by such person's own
16    activities which are stored, treated, or disposed of
17    within the site where such wastes are generated; or
18        (1.5) conducting a landscape waste composting
19    operation that (i) has no more than 25 cubic yards of
20    landscape waste, composting additives, composting
21    material, or end-product compost on-site at any one time
22    and (ii) is not engaging in commercial activity; or
23        (2) applying landscape waste or composted landscape
24    waste at agronomic rates; or
25        (2.5) operating a landscape waste composting facility
26    at a site having 10 or more occupied non-farm residences

 

 

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1    within 1/2 mile of its boundaries, if the facility meets
2    all of the following criteria:
3            (A) the composting facility is operated by the
4        farmer on property on which the composting material is
5        utilized, and the composting facility constitutes no
6        more than 2% of the site's total acreage;
7            (A-5) any composting additives that the composting
8        facility accepts and uses at the facility are
9        necessary to provide proper conditions for composting
10        and do not exceed 10% of the total composting material
11        at the facility at any one time;
12            (B) the property on which the composting facility
13        is located, and any associated property on which the
14        compost is used, is principally and diligently devoted
15        to the production of agricultural crops and is not
16        owned, leased, or otherwise controlled by any waste
17        hauler or generator of nonagricultural compost
18        materials, and the operator of the composting facility
19        is not an employee, partner, shareholder, or in any
20        way connected with or controlled by any such waste
21        hauler or generator;
22            (C) all compost generated by the composting
23        facility, except incidental sales of finished compost,
24        is applied at agronomic rates and used as mulch,
25        fertilizer, or soil conditioner on land actually
26        farmed by the person operating the composting

 

 

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1        facility, and the finished compost is not stored at
2        the composting site for a period longer than 18 months
3        prior to its application as mulch, fertilizer, or soil
4        conditioner;
5            (D) (blank); and no fee is charged for the
6        acceptance of materials to be composted at the
7        facility; and
8            (E) the owner or operator, by January 1, 2014 (or
9        the January 1 following commencement of operation,
10        whichever is later) and January 1 of each year
11        thereafter, registers the site with the Agency, (ii)
12        reports to the Agency on the volume of composting
13        material received and used at the site; (iii)
14        certifies to the Agency that the site complies with
15        the requirements set forth in subparagraphs (A),
16        (A-5), (B), (C), and (D) of this paragraph (2.5); and
17        (iv) certifies to the Agency that all composting
18        material was placed more than 200 feet from the
19        nearest potable water supply well, was placed outside
20        the boundary of the 10-year floodplain or on a part of
21        the site that is floodproofed, was placed at least 1/4
22        mile from the nearest residence (other than a
23        residence located on the same property as the
24        facility) or a lesser distance from the nearest
25        residence (other than a residence located on the same
26        property as the facility) if the municipality in which

 

 

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1        the facility is located has by ordinance approved a
2        lesser distance than 1/4 mile, and was placed more
3        than 5 feet above the water table; any ordinance
4        approving a residential setback of less than 1/4 mile
5        that is used to meet the requirements of this
6        subparagraph (E) of paragraph (2.5) of this subsection
7        must specifically reference this paragraph; or
8        (3) operating a landscape waste composting facility on
9    a farm, if the facility meets all of the following
10    criteria:
11            (A) the composting facility is operated by the
12        farmer on property on which the composting material is
13        utilized, and the composting facility constitutes no
14        more than 2% of the property's total acreage, except
15        that the Board may allow a higher percentage for
16        individual sites where the owner or operator has
17        demonstrated to the Board that the site's soil
18        characteristics or crop needs require a higher rate;
19            (A-1) the composting facility accepts from other
20        agricultural operations for composting with landscape
21        waste no materials other than uncontaminated and
22        source-separated (i) crop residue and other
23        agricultural plant residue generated from the
24        production and harvesting of crops and other customary
25        farm practices, including, but not limited to, stalks,
26        leaves, seed pods, husks, bagasse, and roots and (ii)

 

 

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1        plant-derived animal bedding, such as straw or
2        sawdust, that is free of manure and was not made from
3        painted or treated wood;
4            (A-2) any composting additives that the composting
5        facility accepts and uses at the facility are
6        necessary to provide proper conditions for composting
7        and do not exceed 10% of the total composting material
8        at the facility at any one time;
9            (B) the property on which the composting facility
10        is located, and any associated property on which the
11        compost is used, is principally and diligently devoted
12        to the production of agricultural crops and is not
13        owned, leased or otherwise controlled by any waste
14        hauler or generator of nonagricultural compost
15        materials, and the operator of the composting facility
16        is not an employee, partner, shareholder, or in any
17        way connected with or controlled by any such waste
18        hauler or generator;
19            (C) all compost generated by the composting
20        facility, except incidental sales of finished compost,
21        is applied at agronomic rates and used as mulch,
22        fertilizer or soil conditioner on land actually farmed
23        by the person operating the composting facility, and
24        the finished compost is not stored at the composting
25        site for a period longer than 18 months prior to its
26        application as mulch, fertilizer, or soil conditioner;

 

 

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1            (D) the owner or operator, by January 1 of each
2        year, (i) registers the site with the Agency, (ii)
3        reports to the Agency on the volume of composting
4        material received and used at the site and the volume
5        of material comprising the incidental sale of finished
6        compost under this subsection (q), (iii) certifies to
7        the Agency that the site complies with the
8        requirements set forth in subparagraphs (A), (A-1),
9        (A-2), (B), and (C) of this paragraph (q)(3), and (iv)
10        certifies to the Agency that all composting material:
11                (I) was placed more than 200 feet from the
12            nearest potable water supply well;
13                (II) was placed outside the boundary of the
14            10-year floodplain or on a part of the site that is
15            floodproofed;
16                (III) was placed either (aa) at least 1/4 mile
17            from the nearest residence (other than a residence
18            located on the same property as the facility) and
19            there are not more than 10 occupied non-farm
20            residences within 1/2 mile of the boundaries of
21            the site on the date of application or (bb) a
22            lesser distance from the nearest residence (other
23            than a residence located on the same property as
24            the facility) provided that the municipality or
25            county in which the facility is located has by
26            ordinance approved a lesser distance than 1/4 mile

 

 

SB3267- 15 -LRB103 38378 BDA 68513 b

1            and there are not more than 10 occupied non-farm
2            residences within 1/2 mile of the boundaries of
3            the site on the date of application; and
4                (IV) was placed more than 5 feet above the
5            water table.
6            Any ordinance approving a residential setback of
7        less than 1/4 mile that is used to meet the
8        requirements of this subparagraph (D) must
9        specifically reference this subparagraph.
10    For the purposes of this subsection (q), "agronomic rates"
11means the application of not more than 20 tons per acre per
12year, except that the Board may allow a higher rate for
13individual sites where the owner or operator has demonstrated
14to the Board that the site's soil characteristics or crop
15needs require a higher rate.
16    For the purposes of this subsection (q), "incidental sale
17of finished compost" means the sale of finished compost that
18meets general use compost standards and is no more than 20% or
19300 cubic yards, whichever is less, of the total compost
20created annually by a private landowner for the landowner's
21own use.
22    (r) Cause or allow the storage or disposal of coal
23combustion waste unless:
24        (1) such waste is stored or disposed of at a site or
25    facility for which a permit has been obtained or is not
26    otherwise required under subsection (d) of this Section;

 

 

SB3267- 16 -LRB103 38378 BDA 68513 b

1    or
2        (2) such waste is stored or disposed of as a part of
3    the design and reclamation of a site or facility which is
4    an abandoned mine site in accordance with the Abandoned
5    Mined Lands and Water Reclamation Act; or
6        (3) such waste is stored or disposed of at a site or
7    facility which is operating under NPDES and Subtitle D
8    permits issued by the Agency pursuant to regulations
9    adopted by the Board for mine-related water pollution and
10    permits issued pursuant to the federal Surface Mining
11    Control and Reclamation Act of 1977 (P.L. 95-87) or the
12    rules and regulations thereunder or any law or rule or
13    regulation adopted by the State of Illinois pursuant
14    thereto, and the owner or operator of the facility agrees
15    to accept the waste; and either:
16            (i) such waste is stored or disposed of in
17        accordance with requirements applicable to refuse
18        disposal under regulations adopted by the Board for
19        mine-related water pollution and pursuant to NPDES and
20        Subtitle D permits issued by the Agency under such
21        regulations; or
22            (ii) the owner or operator of the facility
23        demonstrates all of the following to the Agency, and
24        the facility is operated in accordance with the
25        demonstration as approved by the Agency: (1) the
26        disposal area will be covered in a manner that will

 

 

SB3267- 17 -LRB103 38378 BDA 68513 b

1        support continuous vegetation, (2) the facility will
2        be adequately protected from wind and water erosion,
3        (3) the pH will be maintained so as to prevent
4        excessive leaching of metal ions, and (4) adequate
5        containment or other measures will be provided to
6        protect surface water and groundwater from
7        contamination at levels prohibited by this Act, the
8        Illinois Groundwater Protection Act, or regulations
9        adopted pursuant thereto.
10    Notwithstanding any other provision of this Title, the
11disposal of coal combustion waste pursuant to item (2) or (3)
12of this subdivision (r) shall be exempt from the other
13provisions of this Title V, and notwithstanding the provisions
14of Title X of this Act, the Agency is authorized to grant
15experimental permits which include provision for the disposal
16of wastes from the combustion of coal and other materials
17pursuant to items (2) and (3) of this subdivision (r).
18    (s) After April 1, 1989, offer for transportation,
19transport, deliver, receive or accept special waste for which
20a manifest is required, unless the manifest indicates that the
21fee required under Section 22.8 of this Act has been paid.
22    (t) Cause or allow a lateral expansion of a municipal
23solid waste landfill unit on or after October 9, 1993, without
24a permit modification, granted by the Agency, that authorizes
25the lateral expansion.
26    (u) Conduct any vegetable by-product treatment, storage,

 

 

SB3267- 18 -LRB103 38378 BDA 68513 b

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

 

 

SB3267- 19 -LRB103 38378 BDA 68513 b

1utility (as that term is defined in the Public Utilities Act)
2or a municipal utility, (3) the Illinois Department of
3Transportation, or (4) a municipality or a county highway
4department, with the exception of any municipality or county
5highway department located within a county having a population
6of over 3,000,000 inhabitants or located in a county that is
7contiguous to a county having a population of over 3,000,000
8inhabitants; but it shall apply to an entity that contracts
9with a public utility, a municipal utility, the Illinois
10Department of Transportation, or a municipality or a county
11highway department. The terms "generation" and "recycling", as
12used in this subsection, do not apply to clean construction or
13demolition debris when (i) used as fill material below grade
14outside of a setback zone if covered by sufficient
15uncontaminated soil to support vegetation within 30 days of
16the completion of filling or if covered by a road or structure,
17(ii) solely broken concrete without protruding metal bars is
18used for erosion control, or (iii) milled asphalt or crushed
19concrete is used as aggregate in construction of the shoulder
20of a roadway. The terms "generation" and "recycling", as used
21in this subsection, do not apply to uncontaminated soil that
22is not commingled with any waste when (i) used as fill material
23below grade or contoured to grade, or (ii) used at the site of
24generation.
25(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
26102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-342, eff.

 

 

SB3267- 20 -LRB103 38378 BDA 68513 b

11-1-24.)