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Full Text of HB1456  100th General Assembly

HB1456 100TH GENERAL ASSEMBLY


 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1456

 

Introduced , by Rep. Michael J. Madigan

 

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

    Amends the Environmental Protection Act. Makes a technical change in a Section concerning acts prohibited under the Act.


LRB100 03182 MJP 13187 b

 

 

A BILL FOR

 

HB1456LRB100 03182 MJP 13187 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 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 adopted
12by the Board.
13    (c) Abandon any vehicle in violation of the "Abandoned
14Vehicles Amendment to the Illinois Vehicle Code", as enacted by
15the 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,

 

 

HB1456- 2 -LRB100 03182 MJP 13187 b

1    however, that, except for municipal solid waste landfill
2    units that receive waste on or after October 9, 1993, no
3    permit shall be required for (i) any person conducting a
4    waste-storage, waste-treatment, or waste-disposal
5    operation for wastes generated by such person's own
6    activities which are stored, treated, or disposed within
7    the site where such wastes are generated, or (ii) a
8    facility located in a county with a population over 700,000
9    as of January 1, 2000, operated and located in accordance
10    with Section 22.38 of this Act, and used exclusively for
11    the transfer, storage, or treatment of general
12    construction or demolition debris, provided that the
13    facility was receiving construction or demolition debris
14    on the effective date of this amendatory Act of the 96th
15    General Assembly;
16        (2) in violation of any regulations or standards
17    adopted by the Board under this Act; or
18        (3) which receives waste after August 31, 1988, does
19    not have a permit issued by the Agency, and is (i) a
20    landfill used exclusively for the disposal of waste
21    generated at the site, (ii) a surface impoundment receiving
22    special waste not listed in an NPDES permit, (iii) a waste
23    pile in which the total volume of waste is greater than 100
24    cubic yards or the waste is stored for over one year, or
25    (iv) a land treatment facility receiving special waste
26    generated at the site; without giving notice of the

 

 

HB1456- 3 -LRB100 03182 MJP 13187 b

1    operation to the Agency by January 1, 1989, or 30 days
2    after the date on which the operation commences, whichever
3    is later, and every 3 years thereafter. The form for such
4    notification shall be specified by the Agency, and shall be
5    limited to information regarding: the name and address of
6    the location of the operation; the type of operation; the
7    types and amounts of waste stored, treated or disposed of
8    on an annual basis; the remaining capacity of the
9    operation; and the remaining expected life of the
10    operation.
11    Item (3) of this subsection (d) shall not apply to any
12person engaged in agricultural activity who is disposing of a
13substance that constitutes solid waste, if the substance was
14acquired for use by that person on his own property, and the
15substance is disposed of on his own property in accordance with
16regulations or standards adopted by the Board.
17    This subsection (d) shall not apply to hazardous waste.
18    (e) Dispose, treat, store or abandon any waste, or
19transport any waste into this State for disposal, treatment,
20storage or abandonment, except at a site or facility which
21meets the requirements of this Act and of regulations and
22standards thereunder.
23    (f) Conduct any hazardous waste-storage, hazardous
24waste-treatment or hazardous waste-disposal operation:
25        (1) without a RCRA permit for the site issued by the
26    Agency under subsection (d) of Section 39 of this Act, or

 

 

HB1456- 4 -LRB100 03182 MJP 13187 b

1    in violation of any condition imposed by such permit,
2    including periodic reports and full access to adequate
3    records and the inspection of facilities, as may be
4    necessary to assure compliance with this Act and with
5    regulations and standards adopted thereunder; or
6        (2) in violation of any regulations or standards
7    adopted by the Board under this Act; or
8        (3) in violation of any RCRA permit filing requirement
9    established under standards adopted by the Board under this
10    Act; or
11        (4) in violation of any order adopted by the Board
12    under this Act.
13    Notwithstanding the above, no RCRA permit shall be required
14under this subsection or subsection (d) of Section 39 of this
15Act for any person engaged in agricultural activity who is
16disposing of a substance which has been identified as a
17hazardous waste, and which has been designated by Board
18regulations as being subject to this exception, if the
19substance was acquired for use by that person on his own
20property and the substance is disposed of on his own property
21in accordance with regulations or standards adopted by the
22Board.
23    (g) Conduct any hazardous waste-transportation operation:
24        (1) without registering with and obtaining a special
25    waste hauling permit from the Agency in accordance with the
26    regulations adopted by the Board under this Act; or

 

 

HB1456- 5 -LRB100 03182 MJP 13187 b

1        (2) in violation of any regulations or standards
2    adopted by the Board under this Act.
3    (h) Conduct any hazardous waste-recycling or hazardous
4waste-reclamation or hazardous waste-reuse operation in
5violation of any regulations, standards or permit requirements
6adopted by the Board under this Act.
7    (i) Conduct any process or engage in any act which produces
8hazardous waste in violation of any regulations or standards
9adopted by the Board under subsections (a) and (c) of Section
1022.4 of this Act.
11    (j) Conduct any special waste transportation operation in
12violation of any regulations, standards or permit requirements
13adopted by the Board under this Act. However, sludge from a
14water or sewage treatment plant owned and operated by a unit of
15local government which (1) is subject to a sludge management
16plan approved by the Agency or a permit granted by the Agency,
17and (2) has been tested and determined not to be a hazardous
18waste as required by applicable State and federal laws and
19regulations, may be transported in this State without a special
20waste hauling permit, and the preparation and carrying of a
21manifest shall not be required for such sludge under the rules
22of the Pollution Control Board. The unit of local government
23which operates the treatment plant producing such sludge shall
24file a semiannual report with the Agency identifying the volume
25of such sludge transported during the reporting period, the
26hauler of the sludge, and the disposal sites to which it was

 

 

HB1456- 6 -LRB100 03182 MJP 13187 b

1transported. This subsection (j) shall not apply to hazardous
2waste.
3    (k) Fail or refuse to pay any fee imposed under this Act.
4    (l) Locate a hazardous waste disposal site above an active
5or inactive shaft or tunneled mine or within 2 miles of an
6active fault in the earth's crust. In counties of population
7less than 225,000 no hazardous waste disposal site shall be
8located (1) within 1 1/2 miles of the corporate limits as
9defined on June 30, 1978, of any municipality without the
10approval of the governing body of the municipality in an
11official action; or (2) within 1000 feet of an existing private
12well or the existing source of a public water supply measured
13from the boundary of the actual active permitted site and
14excluding existing private wells on the property of the permit
15applicant. The provisions of this subsection do not apply to
16publicly-owned sewage works or the disposal or utilization of
17sludge from publicly-owned sewage works.
18    (m) Transfer interest in any land which has been used as a
19hazardous waste disposal site without written notification to
20the Agency of the transfer and to the transferee of the
21conditions imposed by the Agency upon its use under subsection
22(g) of Section 39.
23    (n) Use any land which has been used as a hazardous waste
24disposal site except in compliance with conditions imposed by
25the Agency under subsection (g) of Section 39.
26    (o) Conduct a sanitary landfill operation which is required

 

 

HB1456- 7 -LRB100 03182 MJP 13187 b

1to have a permit under subsection (d) of this Section, in a
2manner which results in any of the following conditions:
3        (1) refuse in standing or flowing waters;
4        (2) leachate flows entering waters of the State;
5        (3) leachate flows exiting the landfill confines (as
6    determined by the boundaries established for the landfill
7    by a permit issued by the Agency);
8        (4) open burning of refuse in violation of Section 9 of
9    this Act;
10        (5) uncovered refuse remaining from any previous
11    operating day or at the conclusion of any operating day,
12    unless authorized by permit;
13        (6) failure to provide final cover within time limits
14    established by Board regulations;
15        (7) acceptance of wastes without necessary permits;
16        (8) scavenging as defined by Board regulations;
17        (9) deposition of refuse in any unpermitted portion of
18    the landfill;
19        (10) acceptance of a special waste without a required
20    manifest;
21        (11) failure to submit reports required by permits or
22    Board regulations;
23        (12) failure to collect and contain litter from the
24    site by the end of each operating day;
25        (13) failure to submit any cost estimate for the site
26    or any performance bond or other security for the site as

 

 

HB1456- 8 -LRB100 03182 MJP 13187 b

1    required by this Act or Board rules.
2    The prohibitions specified in this subsection (o) shall be
3enforceable by the Agency either by administrative citation
4under Section 31.1 of this Act or as otherwise provided by this
5Act. The specific prohibitions in this subsection do not limit
6the power of the Board to establish regulations or standards
7applicable to sanitary landfills.
8    (p) In violation of subdivision (a) of this Section, cause
9or allow the open dumping of any waste in a manner which
10results in any of the following occurrences at the dump site:
11        (1) litter;
12        (2) scavenging;
13        (3) open burning;
14        (4) deposition of waste in standing or flowing waters;
15        (5) proliferation of disease vectors;
16        (6) standing or flowing liquid discharge from the dump
17    site;
18        (7) deposition of:
19            (i) general construction or demolition debris as
20        defined in Section 3.160(a) of this Act; or
21            (ii) clean construction or demolition debris as
22        defined in Section 3.160(b) of this Act.
23    The prohibitions specified in this subsection (p) shall be
24enforceable by the Agency either by administrative citation
25under Section 31.1 of this Act or as otherwise provided by this
26Act. The specific prohibitions in this subsection do not limit

 

 

HB1456- 9 -LRB100 03182 MJP 13187 b

1the power of the Board to establish regulations or standards
2applicable to open dumping.
3    (q) Conduct a landscape waste composting operation without
4an Agency permit, provided, however, that no permit shall be
5required for any person:
6        (1) conducting a landscape waste composting operation
7    for landscape wastes generated by such person's own
8    activities which are stored, treated, or disposed of within
9    the site where such wastes are generated; or
10        (1.5) conducting a landscape waste composting
11    operation that (i) has no more than 25 cubic yards of
12    landscape waste, composting additives, composting
13    material, or end-product compost on-site at any one time
14    and (ii) is not engaging in commercial activity; or
15        (2) applying landscape waste or composted landscape
16    waste at agronomic rates; or
17        (2.5) operating a landscape waste composting facility
18    at a site having 10 or more occupied non-farm residences
19    within 1/2 mile of its boundaries, if the facility meets
20    all of the following criteria:
21            (A) the composting facility is operated by the
22        farmer on property on which the composting material is
23        utilized, and the composting facility constitutes no
24        more than 2% of the site's total acreage;
25            (A-5) any composting additives that the composting
26        facility accepts and uses at the facility are necessary

 

 

HB1456- 10 -LRB100 03182 MJP 13187 b

1        to provide proper conditions for composting and do not
2        exceed 10% of the total composting material at the
3        facility at any one time;
4            (B) the property on which the composting facility
5        is located, and any associated property on which the
6        compost is used, is principally and diligently devoted
7        to the production of agricultural crops and is not
8        owned, leased, or otherwise controlled by any waste
9        hauler or generator of nonagricultural compost
10        materials, and the operator of the composting facility
11        is not an employee, partner, shareholder, or in any way
12        connected with or controlled by any such waste hauler
13        or generator;
14            (C) all compost generated by the composting
15        facility is applied at agronomic rates and used as
16        mulch, fertilizer, or soil conditioner on land
17        actually farmed by the person operating the composting
18        facility, and the finished compost is not stored at the
19        composting site for a period longer than 18 months
20        prior to its application as mulch, fertilizer, or soil
21        conditioner;
22            (D) no fee is charged for the acceptance of
23        materials to be composted at the facility; and
24            (E) the owner or operator, by January 1, 2014 (or
25        the January 1 following commencement of operation,
26        whichever is later) and January 1 of each year

 

 

HB1456- 11 -LRB100 03182 MJP 13187 b

1        thereafter, registers the site with the Agency, (ii)
2        reports to the Agency on the volume of composting
3        material received and used at the site; (iii) certifies
4        to the Agency that the site complies with the
5        requirements set forth in subparagraphs (A), (A-5),
6        (B), (C), and (D) of this paragraph (2.5); and (iv)
7        certifies to the Agency that all composting material
8        was placed more than 200 feet from the nearest potable
9        water supply well, was placed outside the boundary of
10        the 10-year floodplain or on a part of the site that is
11        floodproofed, was placed at least 1/4 mile from the
12        nearest residence (other than a residence located on
13        the same property as the facility) or a lesser distance
14        from the nearest residence (other than a residence
15        located on the same property as the facility) if the
16        municipality in which the facility is located has by
17        ordinance approved a lesser distance than 1/4 mile, and
18        was placed more than 5 feet above the water table; any
19        ordinance approving a residential setback of less than
20        1/4 mile that is used to meet the requirements of this
21        subparagraph (E) of paragraph (2.5) of this subsection
22        must specifically reference this paragraph; or
23        (3) operating a landscape waste composting facility on
24    a farm, if the facility meets all of the following
25    criteria:
26            (A) the composting facility is operated by the

 

 

HB1456- 12 -LRB100 03182 MJP 13187 b

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

 

 

HB1456- 13 -LRB100 03182 MJP 13187 b

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

 

 

HB1456- 14 -LRB100 03182 MJP 13187 b

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

 

 

HB1456- 15 -LRB100 03182 MJP 13187 b

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

 

 

HB1456- 16 -LRB100 03182 MJP 13187 b

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

 

 

HB1456- 17 -LRB100 03182 MJP 13187 b

1fee required under Section 22.8 of this Act has been paid.
2    (t) Cause or allow a lateral expansion of a municipal solid
3waste landfill unit on or after October 9, 1993, without a
4permit modification, granted by the Agency, that authorizes the
5lateral expansion.
6    (u) Conduct any vegetable by-product treatment, storage,
7disposal or transportation operation in violation of any
8regulation, standards or permit requirements adopted by the
9Board under this Act. However, no permit shall be required
10under this Title V for the land application of vegetable
11by-products conducted pursuant to Agency permit issued under
12Title III of this Act to the generator of the vegetable
13by-products. In addition, vegetable by-products may be
14transported in this State without a special waste hauling
15permit, and without the preparation and carrying of a manifest.
16    (v) (Blank).
17    (w) Conduct any generation, transportation, or recycling
18of construction or demolition debris, clean or general, or
19uncontaminated soil generated during construction, remodeling,
20repair, and demolition of utilities, structures, and roads that
21is not commingled with any waste, without the maintenance of
22documentation identifying the hauler, generator, place of
23origin of the debris or soil, the weight or volume of the
24debris or soil, and the location, owner, and operator of the
25facility where the debris or soil was transferred, disposed,
26recycled, or treated. This documentation must be maintained by

 

 

HB1456- 18 -LRB100 03182 MJP 13187 b

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

 

 

HB1456- 19 -LRB100 03182 MJP 13187 b

1not commingled with any waste when (i) used as fill material
2below grade or contoured to grade, or (ii) used at the site of
3generation.
4(Source: P.A. 97-220, eff. 7-28-11; 98-239, eff. 8-9-13;
598-484, eff. 8-16-13; 98-756, eff. 7-16-14.)