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Public Act 096-0418
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| SB0099 Enrolled |
LRB096 04034 JDS 14072 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by |
changing Sections 3.330, 22.26, and 22.34 and by adding |
Sections 3.197 and 3.282 as follows:
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(415 ILCS 5/3.197 new)
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Sec. 3.197. Food scrap. "Food scrap" means garbage that is |
(i) capable of being decomposed into compost by composting, |
(ii) separated by the generator from other waste, including, |
but not limited to, garbage that is not capable of being |
decomposed into compost by composting, and (iii) managed |
separately from other waste, including, but not limited to, |
garbage that is not capable of being decomposed into compost by |
composting. "Food scrap" includes, but is not limited to, |
packaging, utensils, and food containers composed of readily |
biodegradable material. For the purposes of this Section, |
packaging, utensils, and food containers are readily |
biodegradable if they meet the ASTM D6400 standard.
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(415 ILCS 5/3.282 new)
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Sec. 3.282. Livestock waste. "Livestock waste" means |
"livestock waste" as defined in the Livestock Management |
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Facilities Act.
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(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
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Sec. 3.330. Pollution control facility.
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(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.
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The following are not pollution control facilities:
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(1) (blank);
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(2) waste storage sites regulated under 40 CFR, Part |
761.42;
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(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;
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(4) sites or facilities at which the State is |
performing removal or
remedial action pursuant to Section |
22.2 or 55.3;
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(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;
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(6) sites or facilities used by any person to |
specifically conduct a
landscape composting operation;
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(7) regional facilities as defined in the Central |
Midwest Interstate
Low-Level Radioactive Waste Compact;
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(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;
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(9) the portion of a site or facility used for the |
collection,
storage or processing of waste tires as defined |
in Title XIV;
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(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);
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(11) the portion of a site or facility where used oil |
is collected or
stored prior to shipment to a recycling or |
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energy recovery facility, provided
that the used oil is |
generated by households or commercial establishments, and
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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;
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(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
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Comprehensive Environmental Response, Compensation, and |
Liability Act of 1980,
the federal Resource Conservation |
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and Recovery Act of 1976, or the Illinois
Environmental |
Protection Act or as authorized by the Agency;
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(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;
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(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;
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(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 |
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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;
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(17)
the portion of a site or facility located in a |
county with a population greater than 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 wood combustion facilities for |
energy recovery that accept and burn only wood material, as |
included in a fuel specification approved by the Agency; |
and
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(18)
a transfer station used exclusively for landscape |
waste, including a transfer station where landscape waste |
is ground to reduce its volume, where the landscape waste |
is held no longer than 24 hours from the time it was |
received; and .
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(19) the portion of a site or facility that (i) is used |
for the composting of food scrap, livestock waste, crop |
residue, uncontaminated wood waste, or paper waste, |
including, but not limited to, corrugated paper or |
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cardboard, and (ii) meets all of the following |
requirements: |
(A) There must not be more than a total of 30,000 |
cubic yards of livestock waste in raw form or in the |
process of being composted at the site or facility at |
any one time. |
(B) All food scrap, livestock waste, crop residue, |
uncontaminated wood waste, and paper waste must, by the |
end of each operating day, be processed and placed into |
an enclosed vessel in which air flow and temperature |
are controlled, or all of the following additional |
requirements must be met: |
(i) The portion of the site or facility used |
for the composting operation must include a |
setback of at least 200 feet from the nearest |
potable water supply well. |
(ii) The portion of the site or facility used |
for the composting operation must be located |
outside the boundary of the 10-year floodplain or |
floodproofed. |
(iii) The portion of the site or facility used |
for the composting operation must be located at |
least one-eighth of a mile from the nearest |
residence, other than a residence located on the |
same property as the site or facility. |
(iv) The portion of the site or facility used |
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for the composting operation must be located at |
least one-eighth of a mile from the property line |
of all of the following areas: |
(I) Facilities that primarily serve to |
house or treat people that are |
immunocompromised or immunosuppressed, such as |
cancer or AIDS patients; people with asthma, |
cystic fibrosis, or bioaerosol allergies; or |
children under the age of one year. |
(II) Primary and secondary schools and |
adjacent areas that the schools use for |
recreation. |
(III) Any facility for child care licensed |
under Section 3 of the Child Care Act of 1969; |
preschools; and adjacent areas that the |
facilities or preschools use for recreation. |
(v) By the end of each operating day, all food |
scrap, livestock waste, crop residue, |
uncontaminated wood waste, and paper waste must be |
(i) processed into windrows or other piles and (ii) |
covered in a manner that prevents scavenging by |
birds and animals and that prevents other |
nuisances. |
(C) Food scrap, livestock waste, crop residue, |
uncontaminated wood waste, paper waste, and compost |
must not be placed within 5 feet of the water table. |
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(D) The site or facility must meet all of the |
requirements of the Wild and Scenic Rivers Act (16 |
U.S.C. 1271 et seq.). |
(E) The site or facility must not (i) restrict the |
flow of a 100-year flood, (ii) result in washout of |
food scrap, livestock waste, crop residue, |
uncontaminated wood waste, or paper waste from a |
100-year flood, or (iii) reduce the temporary water |
storage capacity of the 100-year floodplain, unless |
measures are undertaken to provide alternative storage |
capacity, such as by providing lagoons, holding tanks, |
or drainage around structures at the facility. |
(F) The site or facility must not be located in any |
area where it may pose a threat of harm or destruction |
to the features for which: |
(i) an irreplaceable historic or |
archaeological site has been listed under the |
National Historic Preservation Act (16 U.S.C. 470 |
et seq.) or the Illinois Historic Preservation |
Act; |
(ii) a natural landmark has been designated by |
the National Park Service or the Illinois State |
Historic Preservation Office; or |
(iii) a natural area has been designated as a |
Dedicated Illinois Nature Preserve under the |
Illinois Natural Areas Preservation Act. |
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(G) The site or facility must not be located in an |
area where it may jeopardize the continued existence of |
any designated endangered species, result in the |
destruction or adverse modification of the critical |
habitat for such species, or cause or contribute to the |
taking of any endangered or threatened species of |
plant, fish, or wildlife listed under the Endangered |
Species Act (16 U.S.C. 1531 et seq.) or the Illinois |
Endangered Species Protection Act. |
(b) A new pollution control facility is:
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(1) a pollution control facility initially permitted |
for development or
construction after July 1, 1981; or
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(2) the area of expansion beyond the boundary of a |
currently permitted
pollution control facility; or
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(3) a permitted pollution control facility requesting |
approval to
store, dispose of, transfer or incinerate, for |
the first time, any special
or hazardous waste.
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(Source: P.A. 94-94, eff. 7-1-05; 94-249, eff. 7-19-05; 94-824, |
eff. 6-2-06; 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; 95-331, |
eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. 8-21-08.)
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(415 ILCS 5/22.26) (from Ch. 111 1/2, par. 1022.26)
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Sec. 22.26.
The Agency shall not issue a development or |
construction
permit after December 31, 1990 for any composting |
facility, unless the
applicant has given notice thereof (1) in |
person or by mail to the members
of the General Assembly from |
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the legislative district in which the proposed
facility is to |
be located, (2) by registered or certified mail to the
owners |
of all real property located within 250 feet of the site of the
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proposed facility (determined as provided in subsection (b) of |
Section
39.2), and (3) to the general public by publication in |
a newspaper of
general circulation in the county in which the |
proposed facility is to be
located. The notice required under |
this Section must include: (i) a description of the type of |
facility being proposed, (ii) the location of the proposed |
facility, (iii) the name of the person proposing the |
construction or development of the facility and the contact |
information (including a phone number) for that person, (iv) |
instructions directing the recipient of the notice to send |
written comments relating to the construction or development of |
the facility to the Agency within 21 days after the notice is |
either received by mail or last published in a newspaper of |
general circulation, and (v) the Agency's address, as well as |
the phone numbers for the Bureaus and Sections responsible for |
issuing the permit.
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(Source: P.A. 86-1195.)
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(415 ILCS 5/22.34)
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Sec. 22.34. Organic waste compost quality standards.
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(a) The Agency may By January 1, 1994, the Agency shall |
develop and make recommendations to
the Board concerning (i) |
performance standards for organic waste compost
facilities and |
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(ii) testing procedures and standards for the end-product
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compost produced by organic waste compost facilities.
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The Agency, in cooperation with the Department, shall |
appoint a Technical
Advisory Committee for the purpose of |
developing these recommendations.
Among other things, the |
Committee shall evaluate environmental and
safety |
considerations, compliance costs, and regulations adopted in |
other
states and countries. The Committee shall have balanced
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representation and shall include members representing |
academia, the composting
industry, the Department of |
Agriculture, the landscaping industry,
environmental |
organizations, municipalities, and counties.
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Performance standards for organic waste compost facilities |
may include, but are not limited to shall at a
minimum include:
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(1) the management of potential exposures for human |
disease vectors and
odor;
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(2) the management of surface water;
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(3) contingency planning for handling end-product |
compost material that
does not meet end-product compost |
standards adopted by the Board requirements of subsection |
(b);
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(4) plans for intended purposes of end-use product; and
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(5) a financial assurance plan necessary to restore the |
site as specified
in Agency permit. The financial assurance |
plan may include, but is not limited to, posting with the |
Agency a performance bond or other security for the purpose |
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of ensuring site restoration.
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(b) No later than one year after the Agency makes |
recommendations to the Board under subsection (a) of this |
Section By December 1, 1997, the Board shall adopt, as |
applicable:
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(1) performance standards for organic waste compost |
facilities; and
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(2) testing procedures and standards for the |
end-product compost
produced by organic waste compost |
facilities.
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The Board shall evaluate the merits of different standards |
for
end-product compost applications.
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(c) On-site residential composting that is used solely for |
the purpose of
composting organic waste generated on-site and |
that will not be offered for
off-site sale or use is exempt |
from any standards promulgated under subsections
(a) and (b). |
Subsection (b)(2) shall not apply to end-product compost used |
as
daily cover or vegetative amendment in the final layer. |
Subsection (b)
applies to any end-product compost offered for |
sale or use in Illinois.
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(d) For the purposes of this Section, "organic waste" means |
food scrap waste,
landscape waste, wood waste, livestock waste, |
crop residue, paper waste, or other non-hazardous carbonaceous |
waste that is
collected and processed separately from the rest |
of the municipal waste stream.
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(e) Except as otherwise provided in Board rules, solid |