Illinois General Assembly - Full Text of HB2335
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Full Text of HB2335  98th General Assembly

HB2335ham001 98TH GENERAL ASSEMBLY

Rep. Robyn Gabel

Filed: 3/19/2013

 

 


 

 


 
09800HB2335ham001LRB098 08691 JDS 43043 a

1
AMENDMENT TO HOUSE BILL 2335

2    AMENDMENT NO. ______. Amend House Bill 2335 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Sections 3.330, 21, 22.33, and 22.34 as follows:
 
6    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
7    Sec. 3.330. Pollution control facility.
8    (a) "Pollution control facility" is any waste storage site,
9sanitary landfill, waste disposal site, waste transfer
10station, waste treatment facility, or waste incinerator. This
11includes sewers, sewage treatment plants, and any other
12facilities owned or operated by sanitary districts organized
13under the Metropolitan Water Reclamation District Act.
14    The following are not pollution control facilities:
15        (1) (blank);
16        (2) waste storage sites regulated under 40 CFR, Part

 

 

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1    761.42;
2        (3) sites or facilities used by any person conducting a
3    waste storage, waste treatment, waste disposal, waste
4    transfer or waste incineration operation, or a combination
5    thereof, for wastes generated by such person's own
6    activities, when such wastes are stored, treated, disposed
7    of, transferred or incinerated within the site or facility
8    owned, controlled or operated by such person, or when such
9    wastes are transported within or between sites or
10    facilities owned, controlled or operated by such person;
11        (4) sites or facilities at which the State is
12    performing removal or remedial action pursuant to Section
13    22.2 or 55.3;
14        (5) abandoned quarries used solely for the disposal of
15    concrete, earth materials, gravel, or aggregate debris
16    resulting from road construction activities conducted by a
17    unit of government or construction activities due to the
18    construction and installation of underground pipes, lines,
19    conduit or wires off of the premises of a public utility
20    company which are conducted by a public utility;
21        (6) sites or facilities used by any person to
22    specifically conduct a landscape composting operation;
23        (7) regional facilities as defined in the Central
24    Midwest Interstate Low-Level Radioactive Waste Compact;
25        (8) the portion of a site or facility where coal
26    combustion wastes are stored or disposed of in accordance

 

 

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

 

 

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1    been designated as an Urban Round II Empowerment Zone by
2    the United States Department of Housing and Urban
3    Development, and that home rule unit of local government
4    has enacted an ordinance approving the location of the site
5    or facility and provided funding for the site or facility;
6    and (ii) in compliance with all applicable zoning
7    requirements;
8        (12) the portion of a site or facility utilizing coal
9    combustion waste for stabilization and treatment of only
10    waste generated on that site or facility when used in
11    connection with response actions pursuant to the federal
12    Comprehensive Environmental Response, Compensation, and
13    Liability Act of 1980, the federal Resource Conservation
14    and Recovery Act of 1976, or the Illinois Environmental
15    Protection Act or as authorized by the Agency;
16        (13) the portion of a site or facility that (i) accepts
17    exclusively general construction or demolition debris,
18    (ii) is located in a county with a population over
19    3,000,000 as of January 1, 2000 or in a county that is
20    contiguous to such a county, and (iii) is operated and
21    located in accordance with Section 22.38 of this Act;
22        (14) the portion of a site or facility, located within
23    a unit of local government that has enacted local zoning
24    requirements, used to accept, separate, and process
25    uncontaminated broken concrete, with or without protruding
26    metal bars, provided that the uncontaminated broken

 

 

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1    concrete and metal bars are not speculatively accumulated,
2    are at the site or facility no longer than one year after
3    their acceptance, and are returned to the economic
4    mainstream in the form of raw materials or products;
5        (15) the portion of a site or facility located in a
6    county with a population over 3,000,000 that has obtained
7    local siting approval under Section 39.2 of this Act for a
8    municipal waste incinerator on or before July 1, 2005 and
9    that is used for a non-hazardous waste transfer station;
10        (16) a site or facility that temporarily holds in
11    transit for 10 days or less, non-putrescible solid waste in
12    original containers, no larger in capacity than 500
13    gallons, provided that such waste is further transferred to
14    a recycling, disposal, treatment, or storage facility on a
15    non-contiguous site and provided such site or facility
16    complies with the applicable 10-day transfer requirements
17    of the federal Resource Conservation and Recovery Act of
18    1976 and United States Department of Transportation
19    hazardous material requirements. For purposes of this
20    Section only, "non-putrescible solid waste" means waste
21    other than municipal garbage that does not rot or become
22    putrid, including, but not limited to, paints, solvent,
23    filters, and absorbents;
24        (17) the portion of a site or facility located in a
25    county with a population greater than 3,000,000 that has
26    obtained local siting approval, under Section 39.2 of this

 

 

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1    Act, for a municipal waste incinerator on or before July 1,
2    2005 and that is used for wood combustion facilities for
3    energy recovery that accept and burn only wood material, as
4    included in a fuel specification approved by the Agency;
5        (18) a transfer station used exclusively for landscape
6    waste, including a transfer station where landscape waste
7    is ground to reduce its volume, where the landscape waste
8    is held no longer than 24 hours from the time it was
9    received;
10        (19) the portion of a site or facility that (i) is used
11    for the composting of food scrap, livestock waste, crop
12    residue, uncontaminated wood waste, or paper waste,
13    including, but not limited to, corrugated paper or
14    cardboard, and (ii) meets all of the following
15    requirements:
16            (A) There must not be more than a total of 30,000
17        cubic yards of livestock waste in raw form or in the
18        process of being composted at the site or facility at
19        any one time.
20            (B) All food scrap, livestock waste, crop residue,
21        uncontaminated wood waste, and paper waste must, by the
22        end of each operating day, be processed and placed into
23        an enclosed vessel in which air flow and temperature
24        are controlled, or all of the following additional
25        requirements must be met:
26                (i) The portion of the site or facility used

 

 

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1            for the composting operation must include a
2            setback of at least 200 feet from the nearest
3            potable water supply well.
4                (ii) The portion of the site or facility used
5            for the composting operation must be located
6            outside the boundary of the 10-year floodplain or
7            floodproofed.
8                (iii) The portion of the site or facility used
9            for the composting operation must be located at
10            least one-eighth of a mile from the nearest
11            residence, other than a residence located on the
12            same property as the site or facility.
13                (iv) In counties with less than 3,000,000
14            inhabitants, the The portion of the site or
15            facility used for the composting operation must be
16            located at least one-eighth of a mile from the
17            property line of all of the following areas:
18                    (I) Facilities that primarily serve to
19                house or treat people that are
20                immunocompromised or immunosuppressed, such as
21                cancer or AIDS patients; people with asthma,
22                cystic fibrosis, or bioaerosol allergies; or
23                children under the age of one year.
24                    (II) Primary and secondary schools and
25                adjacent areas that the schools use for
26                recreation.

 

 

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1                    (III) Any facility for child care licensed
2                under Section 3 of the Child Care Act of 1969;
3                preschools; and adjacent areas that the
4                facilities or preschools use for recreation.
5                (v) By the end of each operating day, all food
6            scrap, livestock waste, crop residue,
7            uncontaminated wood waste, and paper waste must be
8            (i) processed into windrows or other piles and (ii)
9            covered in a manner that prevents scavenging by
10            birds and animals and that prevents other
11            nuisances.
12            (C) Food scrap, livestock waste, crop residue,
13        uncontaminated wood waste, paper waste, and compost
14        must not be placed within 5 feet of the water table.
15            (D) The site or facility must meet all of the
16        requirements of the Wild and Scenic Rivers Act (16
17        U.S.C. 1271 et seq.).
18            (E) The site or facility must not (i) restrict the
19        flow of a 100-year flood, (ii) result in washout of
20        food scrap, livestock waste, crop residue,
21        uncontaminated wood waste, or paper waste from a
22        100-year flood, or (iii) reduce the temporary water
23        storage capacity of the 100-year floodplain, unless
24        measures are undertaken to provide alternative storage
25        capacity, such as by providing lagoons, holding tanks,
26        or drainage around structures at the facility.

 

 

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1            (F) The site or facility must not be located in any
2        area where it may pose a threat of harm or destruction
3        to the features for which:
4                (i) an irreplaceable historic or
5            archaeological site has been listed under the
6            National Historic Preservation Act (16 U.S.C. 470
7            et seq.) or the Illinois Historic Preservation
8            Act;
9                (ii) a natural landmark has been designated by
10            the National Park Service or the Illinois State
11            Historic Preservation Office; or
12                (iii) a natural area has been designated as a
13            Dedicated Illinois Nature Preserve under the
14            Illinois Natural Areas Preservation Act.
15            (G) The site or facility must not be located in an
16        area where it may jeopardize the continued existence of
17        any designated endangered species, result in the
18        destruction or adverse modification of the critical
19        habitat for such species, or cause or contribute to the
20        taking of any endangered or threatened species of
21        plant, fish, or wildlife listed under the Endangered
22        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
23        Endangered Species Protection Act;
24        (20) the portion of a site or facility that is located
25    entirely within a home rule unit having a population of no
26    less than 120,000 and no more than 135,000, according to

 

 

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1    the 2000 federal census, and that meets all of the
2    following requirements:
3                (i) the portion of the site or facility is used
4            exclusively to perform testing of a thermochemical
5            conversion technology using only woody biomass,
6            collected as landscape waste within the boundaries
7            of the home rule unit, as the hydrocarbon feedstock
8            for the production of synthetic gas in accordance
9            with Section 39.9 of this Act;
10                (ii) the portion of the site or facility is in
11            compliance with all applicable zoning
12            requirements; and
13                (iii) a complete application for a
14            demonstration permit at the portion of the site or
15            facility has been submitted to the Agency in
16            accordance with Section 39.9 of this Act within one
17            year after July 27, 2010 (the effective date of
18            Public Act 96-1314);
19        (21) the portion of a site or facility used to perform
20    limited testing of a gasification conversion technology in
21    accordance with Section 39.8 of this Act and for which a
22    complete permit application has been submitted to the
23    Agency prior to one year from April 9, 2010 (the effective
24    date of Public Act 96-887); and
25        (22) the portion of a site or facility that is used to
26    incinerate only pharmaceuticals from residential sources

 

 

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1    that are collected and transported by law enforcement
2    agencies under Section 17.9A of this Act.
3    (b) A new pollution control facility is:
4        (1) a pollution control facility initially permitted
5    for development or construction after July 1, 1981; or
6        (2) the area of expansion beyond the boundary of a
7    currently permitted pollution control facility; or
8        (3) a permitted pollution control facility requesting
9    approval to store, dispose of, transfer or incinerate, for
10    the first time, any special or hazardous waste.
11(Source: P.A. 96-418, eff. 1-1-10; 96-611, eff. 8-24-09;
1296-887, eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff.
137-16-10; 96-1314, eff. 7-27-10; 97-333, eff. 8-12-11; 97-545,
14eff. 1-1-12.)
 
15    (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)
16    Sec. 21. Prohibited acts. No person shall:
17    (a) Cause or allow the open dumping of any waste.
18    (b) Abandon, dump, or deposit any waste upon the public
19highways or other public property, except in a sanitary
20landfill approved by the Agency pursuant to regulations adopted
21by the Board.
22    (c) Abandon any vehicle in violation of the "Abandoned
23Vehicles Amendment to the Illinois Vehicle Code", as enacted by
24the 76th General Assembly.
25    (d) Conduct any waste-storage, waste-treatment, or

 

 

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1waste-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
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 with
23regulations 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 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
21under this subsection or subsection (d) of Section 39 of this
22Act for any person engaged in agricultural activity who is
23disposing 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 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
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 produces
15hazardous waste in violation of any regulations or standards
16adopted by the Board under subsections (a) and (c) of Section
1722.4 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 special

 

 

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1waste hauling permit, and the preparation and carrying of a
2manifest shall not be required for such sludge under the rules
3of the Pollution Control Board. The unit of local government
4which operates the treatment plant producing such sludge shall
5file a semiannual report with the Agency identifying the volume
6of such sludge transported during the reporting period, the
7hauler of the sludge, and the disposal sites to which it was
8transported. This subsection (j) shall not apply to hazardous
9waste.
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 private
19well or the existing source of a public water supply measured
20from the boundary of the actual active permitted site and
21excluding existing private wells on the property of the permit
22applicant. The provisions of this subsection do not apply to
23publicly-owned sewage works or the disposal or utilization of
24sludge 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 required
8to have a permit under subsection (d) of this Section, in a
9manner 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
10enforceable by the Agency either by administrative citation
11under Section 31.1 of this Act or as otherwise provided by this
12Act. The specific prohibitions in this subsection do not limit
13the power of the Board to establish regulations or standards
14applicable to sanitary landfills.
15    (p) In violation of subdivision (a) of this Section, cause
16or allow the open dumping of any waste in a manner which
17results 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
5enforceable by the Agency either by administrative citation
6under Section 31.1 of this Act or as otherwise provided by this
7Act. The specific prohibitions in this subsection do not limit
8the power of the Board to establish regulations or standards
9applicable to open dumping.
10    (q) Conduct a landscape waste composting operation without
11an Agency permit, provided, however, that no permit shall be
12required for any person:
13        (1) conducting a landscape waste composting operation
14    for (i) 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 and (ii)
17    composting additives generated on-site or off-site to the
18    extent the additives are needed for the proper composting
19    of the landscape waste; or
20        (1.5) conducting a landscape waste composting
21    operation that (i) has no more than 25 cubic yards of
22    landscape waste, composting additives, composting
23    material, or end-product compost on-site at any one time
24    and (ii) is not engaging in commercial activity; or
25        (2) applying landscape waste or composted landscape
26    waste at agronomic rates; or

 

 

09800HB2335ham001- 20 -LRB098 08691 JDS 43043 a

1        (2.5) operating a landscape waste composting facility
2    at a site having 10 or more occupied non-farm residences
3    within 1/2 mile of its boundaries, if the facility meets
4    all of the following criteria:
5            (A) the composting facility is operated by the
6        farmer on property on which the composting material is
7        utilized, and the composting facility constitutes no
8        more than 2% of the site's total acreage;
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 way
17        connected with or controlled by any such waste hauler
18        or generator;
19            (C) all compost generated by the composting
20        facility is applied at agronomic rates and used as
21        mulch, fertilizer, or soil conditioner on land
22        actually farmed by the person operating the composting
23        facility, and the finished compost is not stored at the
24        composting site for a period longer than 18 months
25        prior to its application as mulch, fertilizer, or soil
26        conditioner;

 

 

09800HB2335ham001- 21 -LRB098 08691 JDS 43043 a

1            (D) no fee is charged for the acceptance of
2        materials to be composted at the facility; and
3            (E) the owner or operator, by January 1, 2014 (or
4        the January 1 following commencement of operation,
5        whichever is later) and January 1 of each year
6        thereafter, registers the site with the Agency, (ii)
7        reports to the Agency on the volume of composting
8        material received and used at the site; (iii) certifies
9        to the Agency that the site complies with the
10        requirements set forth in subparagraphs (A), (B), (C),
11        and (D) of this paragraph (2.5); and (iv) certifies to
12        the Agency that all composting material was placed more
13        than 200 feet from the nearest potable water supply
14        well, was placed outside the boundary of the 10-year
15        floodplain or on a part of the site that is
16        floodproofed, was placed at least 1/4 mile from the
17        nearest residence (other than a residence located on
18        the same property as the facility) or a lesser distance
19        from the nearest residence (other than a residence
20        located on the same property as the facility) if the
21        municipality in which the facility is located has by
22        ordinance approved a lesser distance than 1/4 mile, and
23        was placed more than 5 feet above the water table; any
24        ordinance approving a residential setback of less than
25        1/4 mile that is used to meet the requirements of this
26        subparagraph (E) of paragraph (2.5) of this subsection

 

 

09800HB2335ham001- 22 -LRB098 08691 JDS 43043 a

1        must specifically reference this paragraph; or
2        (3) operating a landscape waste composting facility on
3    a farm, if the facility meets all of the following
4    criteria:
5            (A) the composting facility is operated by the
6        farmer on property on which the composting material is
7        utilized, and the composting facility constitutes no
8        more than 2% of the property's total acreage, except
9        that the Board may allow a higher percentage for
10        individual sites where the owner or operator has
11        demonstrated to the Board that the site's soil
12        characteristics or crop needs require a higher rate;
13            (B) the property on which the composting facility
14        is located, and any associated property on which the
15        compost is used, is principally and diligently devoted
16        to the production of agricultural crops and is not
17        owned, leased or otherwise controlled by any waste
18        hauler or generator of nonagricultural compost
19        materials, and the operator of the composting facility
20        is not an employee, partner, shareholder, or in any way
21        connected with or controlled by any such waste hauler
22        or generator;
23            (C) all compost generated by the composting
24        facility is applied at agronomic rates and used as
25        mulch, fertilizer or soil conditioner on land actually
26        farmed by the person operating the composting

 

 

09800HB2335ham001- 23 -LRB098 08691 JDS 43043 a

1        facility, and the finished compost is not stored at the
2        composting site for a period longer than 18 months
3        prior to its application as mulch, fertilizer, or soil
4        conditioner;
5            (D) the owner or operator, by January 1, 1990 (or
6        the January 1 following commencement of operation,
7        whichever is later) and January 1 of each year
8        thereafter, (i) registers the site with the Agency,
9        (ii) reports to the Agency on the volume of composting
10        material received and used at the site, (iii) certifies
11        to the Agency that the site complies with the
12        requirements set forth in subparagraphs (A), (B) and
13        (C) of this paragraph (q)(3), and (iv) certifies to the
14        Agency that all composting material was placed more
15        than 200 feet from the nearest potable water supply
16        well, was placed outside the boundary of the 10-year
17        floodplain or on a part of the site that is
18        floodproofed, was placed at least 1/4 mile from the
19        nearest residence (other than a residence located on
20        the same property as the facility) and there are not
21        more than 10 occupied non-farm residences within 1/2
22        mile of the boundaries of the site on the date of
23        application, and was placed more than 5 feet above the
24        water table.
25    For the purposes of this subsection (q), "agronomic rates"
26means the application of not more than 20 tons per acre per

 

 

09800HB2335ham001- 24 -LRB098 08691 JDS 43043 a

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

 

 

09800HB2335ham001- 25 -LRB098 08691 JDS 43043 a

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

 

 

09800HB2335ham001- 26 -LRB098 08691 JDS 43043 a

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

 

 

09800HB2335ham001- 27 -LRB098 08691 JDS 43043 a

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

 

 

09800HB2335ham001- 28 -LRB098 08691 JDS 43043 a

1of a roadway. The terms "generation" and "recycling", as used
2in this subsection, do not apply to uncontaminated soil that is
3not commingled with any waste when (i) used as fill material
4below grade or contoured to grade, or (ii) used at the site of
5generation.
6(Source: P.A. 96-611, eff. 8-24-09; 97-220, eff. 7-28-11.)
 
7    (415 ILCS 5/22.33)
8    Sec. 22.33. Compost quality standards.
9    (a) By January 1, 1994, the Agency shall develop and make
10recommendations to the Board concerning (i) performance
11standards for landscape waste compost facilities and (ii)
12testing procedures and standards for the end-product compost
13produced by landscape waste compost facilities.
14    Performance standards for landscape waste compost
15facilities shall at a minimum include:
16        (1) the management of odor;
17        (2) the management of surface water;
18        (3) contingency planning for handling end-product
19    compost material that does not meet requirements of
20    subsection (b);
21        (4) plans for intended purposes of end-use product; and
22        (5) a financial assurance plan necessary to restore the
23    site as specified in Agency permit.
24    (b) By December 1, 1997, the Board shall adopt:
25        (1) performance standards for landscape waste compost

 

 

09800HB2335ham001- 29 -LRB098 08691 JDS 43043 a

1    facilities; and
2        (2) testing procedures and standards for the
3    end-product compost produced by landscape waste compost
4    facilities.
5    The Board shall evaluate the merits of different standards
6for end-product compost applications.
7    (c) On-site composting that is used solely for the purpose
8of composting landscape waste generated on-site and that will
9not be offered for off-site sale or use is exempt from any
10standards promulgated under subsections (a) and (b).
11Subsection (b)(2) shall not apply to end-product compost used
12as daily cover or vegetative amendment in the final layer.
13Subsection (b) applies to any end-product compost offered for
14sale or use in Illinois.
15    (d) Standards adopted under this Section do not apply to
16compost operations exempt from permitting under paragraph
17(1.5) of subsection (q) of Section 21 of this Act.
18(Source: P.A. 92-574, eff. 6-26-02.)
 
19    (415 ILCS 5/22.34)
20    Sec. 22.34. Organic waste compost quality standards.
21    (a) The Agency may develop and make recommendations to the
22Board concerning (i) performance standards for organic waste
23compost facilities and (ii) testing procedures and standards
24for the end-product compost produced by organic waste compost
25facilities.

 

 

09800HB2335ham001- 30 -LRB098 08691 JDS 43043 a

1    The Agency, in cooperation with the Department, shall
2appoint a Technical Advisory Committee for the purpose of
3developing these recommendations. Among other things, the
4Committee shall evaluate environmental and safety
5considerations, compliance costs, and regulations adopted in
6other states and countries. The Committee shall have balanced
7representation and shall include members representing
8academia, the composting industry, the Department of
9Agriculture, the landscaping industry, environmental
10organizations, municipalities, and counties.
11    Performance standards for organic waste compost facilities
12may include, but are not limited to:
13        (1) the management of potential exposures for human
14    disease vectors and odor;
15        (2) the management of surface water;
16        (3) contingency planning for handling end-product
17    compost material that does not meet end-product compost
18    standards adopted by the Board;
19        (4) plans for intended purposes of end-use product; and
20        (5) a financial assurance plan necessary to restore the
21    site as specified in Agency permit. The financial assurance
22    plan may include, but is not limited to, posting with the
23    Agency a performance bond or other security for the purpose
24    of ensuring site restoration.
25    (b) No later than one year after the Agency makes
26recommendations to the Board under subsection (a) of this

 

 

09800HB2335ham001- 31 -LRB098 08691 JDS 43043 a

1Section, the Board shall adopt, as applicable:
2        (1) performance standards for organic waste compost
3    facilities; and
4        (2) testing procedures and standards for the
5    end-product compost produced by organic waste compost
6    facilities.
7    The Board shall evaluate the merits of different standards
8for end-product compost applications.
9    (c) On-site residential composting that is used solely for
10the purpose of composting organic waste generated on-site and
11that will not be offered for off-site sale or use is exempt
12from any standards promulgated under subsections (a) and (b).
13Subsection (b)(2) shall not apply to end-product compost used
14as daily cover or vegetative amendment in the final layer.
15Subsection (b) applies to any end-product compost offered for
16sale or use in Illinois.
17    (d) For the purposes of this Section, "organic waste" means
18food scrap, landscape waste, wood waste, livestock waste, crop
19residue, paper waste, or other non-hazardous carbonaceous
20waste that is collected and processed separately from the rest
21of the municipal waste stream.
22    (e) Except as otherwise provided in Board rules, solid
23waste permits for organic waste composting facilities shall be
24issued under the Board's Solid Waste rules at 35 Ill. Adm. Code
25807. The permits must include, but shall not be limited to,
26measures designed to reduce pathogens in the compost.

 

 

09800HB2335ham001- 32 -LRB098 08691 JDS 43043 a

1    (f) Standards adopted under this Section do not apply to
2compost operations exempt from permitting under paragraph
3(1.5) of subsection (q) of Section 21 of this Act.
4(Source: P.A. 96-418, eff. 1-1-10.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".