Public Act 095-0177
 		





HB3638 Enrolled
LRB095 11181 CMK 31559 b






    AN ACT concerning safety.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Environmental Protection Act is amended  by 
changing Section 3.330 as follows:
 



    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)



    Sec. 3.330. Pollution control facility. 

    (a) "Pollution control facility" is any waste storage site, 
sanitary
landfill, waste disposal site, waste transfer 
station, waste treatment
facility, or waste incinerator.  This 
includes sewers, sewage treatment
plants, and any other 
facilities owned or operated by sanitary districts
organized 
under the Metropolitan Water Reclamation District Act.

    The following are not pollution control facilities:


        (1) (Blank);


        (2) waste storage sites regulated under 40 CFR, Part 
    761.42;


        (3) sites or facilities used by any person conducting a 
    waste storage,
waste treatment, waste disposal, waste 
    transfer or waste incineration
operation, or a combination 
    thereof, for wastes generated by such person's
own 
    activities, when such wastes are stored, treated, disposed 
    of,
transferred or incinerated within the site or facility 
    owned, controlled or
operated by such person, or when such 
    wastes are transported within or
between sites or 
    facilities owned, controlled or operated by such person;


        (4) sites or facilities at which the State is 
    performing removal or
remedial action pursuant to Section 
    22.2 or 55.3;


        (5) abandoned quarries used solely for the disposal of 
    concrete, earth
materials, gravel, or aggregate debris 
    resulting from road construction
activities conducted by a 
    unit of government or construction activities due
to the 
    construction and installation of underground pipes, lines, 
    conduit
or wires off of the premises of a public utility 
    company which are
conducted by a public utility;


        (6) sites or facilities used by any person to 
    specifically conduct a
landscape composting operation;


        (7) regional facilities as defined in the Central 
    Midwest Interstate
Low-Level Radioactive Waste Compact;


        (8) the portion of a site or facility where coal 
    combustion wastes are
stored or disposed of in accordance 
    with subdivision (r)(2) or (r)(3) of
Section 21;


        (9) the portion of a site or facility used for the 
    collection,
storage or processing of waste tires as defined 
    in Title XIV;


        (10) the portion of a site or facility used for 
    treatment of
petroleum contaminated materials by 
    application onto or incorporation into
the soil surface and 
    any portion of that site or facility used for storage
of 
    petroleum contaminated materials before treatment.  Only 
    those categories
of petroleum listed in Section
57.9(a)(3) 
    are exempt under this subdivision (10);


        (11) the portion of a site or facility where used oil 
    is collected or
stored prior to shipment to a recycling or 
    energy recovery facility, provided
that the used oil is 
    generated by households or commercial establishments, and

    the site or facility is a recycling center or a business 
    where oil or gasoline
is sold at retail;
        (11.5) processing sites or facilities that receive 
    only on-specification used oil, as defined in 35 Ill. 
    Admin. Code 739, originating from used oil collectors for 
    processing that is managed under 35 Ill. Admin. Code 739 to 
    produce products for sale to off-site petroleum 
    facilities, if these processing sites or facilities are: 
    (i) located within a home rule unit of local government 
    with a population of at least 30,000 according to the 2000 
    federal census, that home rule unit of local government has 
    been designated as an Urban Round II Empowerment Zone by 
    the United States Department of Housing and Urban 
    Development, and that home rule unit of local government 
    has enacted an ordinance approving the location of the site 
    or facility and provided funding for the site or facility; 
    and (ii) in compliance with all applicable zoning 
    requirements; .



        (12) the portion of a site or facility utilizing coal 
    combustion waste
for stabilization and treatment of only 
    waste generated on that site or
facility when used in 
    connection with response actions pursuant to the federal

    Comprehensive Environmental Response, Compensation, and 
    Liability Act of 1980,
the federal Resource Conservation 
    and Recovery Act of 1976, or the Illinois
Environmental 
    Protection Act or as authorized by the Agency;


        (13) the portion of a site or facility accepting 
    exclusively general
construction or demolition debris, 
    located in a county with a population over
700,000 as of 
    January 1, 2000, and operated and located in accordance 
    with Section 22.38 of this Act;
        (14) the portion of a site or facility, located within 
    a unit of local government that has enacted local zoning 
    requirements, used to accept, separate, and process 
    uncontaminated broken concrete, with or without protruding 
    metal bars, provided that the uncontaminated broken 
    concrete and metal bars are not speculatively accumulated, 
    are  at the site or facility no longer than one year after 
    their acceptance, and are returned to the economic 
    mainstream in the form of raw materials or products; and

        (15) the portion of a site or facility located in a 
    county with a population over 3,000,000 that has obtained 
    local siting approval under Section 39.2 of this Act for a 
    municipal waste incinerator on or before July 1, 2005 and 
    that is used for a non-hazardous waste transfer station; 
    and
.

        (16) a site or facility that temporarily holds in 
    transit for 10 days or less, non-petruscible solid waste in 
    original containers, no larger in capacity than 500 
    gallons, provided that such waste is further transferred to 
    a recycling, disposal, treatment, or storage facility on a 
    non-contiguous site and provided such site or facility 
    complies with the applicable 10-day transfer requirements 
    of the federal Resource Conservation and Recovery Act of 
    1976 and United States Department of Transportation 
    hazardous material requirements.  For purposes of this 
    Section only, "non-petruscible solid waste" means waste 
    other than municipal garbage that does not rot or become 
    putrid,  including, but not limited to, paints, solvent, 
    filters, and absorbents.

    (b) A new pollution control facility is:


        (1) a pollution control facility initially permitted 
    for development or
construction after July 1, 1981; or


        (2) the area of expansion beyond the boundary of a 
    currently permitted
pollution control facility; or


        (3) a permitted pollution  control facility requesting 
    approval to
store, dispose of, transfer or incinerate, for 
    the first time, any special
or hazardous waste.

(Source: P.A. 93-998, eff. 8-23-04; 94-94, eff. 7-1-05; 94-249, 
eff. 7-19-05; 94-824, eff. 6-2-06; revised 8-3-06.)