Public Act 098-0484
 
HB3319 EnrolledLRB098 11035 JDS 41720 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 21 as follows:
 



    (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)


    Sec. 21. Prohibited acts. No person shall:

    (a) Cause or allow the open dumping of any waste.

    (b) Abandon, dump, or deposit any waste upon the public 
highways or
other public property, except in a sanitary 
landfill approved by the
Agency pursuant to regulations adopted 
by the Board.

    (c) Abandon any vehicle in violation of the "Abandoned 
Vehicles
Amendment to the Illinois Vehicle Code", as enacted by 
the 76th General
Assembly.

    (d) Conduct any waste-storage, waste-treatment, or 
waste-disposal
operation:


        (1) without a permit granted by the Agency or in 
    violation of any
conditions imposed by such permit, 
    including periodic reports and full
access to adequate 
    records and the inspection of facilities, as may be

    necessary to assure compliance with this Act and with 
    regulations and
standards adopted thereunder; provided, 
    however, that, except for municipal
solid waste landfill 
    units that receive waste on or after October 9, 1993,
no 
    permit shall be
required for (i) any person conducting a 
    waste-storage, waste-treatment, or
waste-disposal 
    operation for wastes generated by such person's own

    activities which are stored, treated, or disposed within 
    the site where
such wastes are generated, or (ii)
a 
    facility located in a county with a
population over 700,000 
    as of January 1, 2000, operated and located in accordance 
    with
Section 22.38 of this Act, and used exclusively for 
    the transfer, storage, or
treatment of general 
    construction or demolition debris, provided that the 
    facility was receiving construction or demolition debris 
    on the effective date of this amendatory Act of the 96th 
    General Assembly;


        (2) in violation of any regulations or standards 
    adopted by the
Board under this Act; or


        (3) which receives waste after August 31, 1988, does 
    not have a permit
issued by the Agency, and is (i) a 
    landfill used exclusively for the
disposal of waste 
    generated at the site, (ii) a surface impoundment
receiving 
    special waste not listed in an NPDES permit, (iii) a waste 
    pile
in which the total volume of waste is greater than 100 
    cubic yards or the
waste is stored for over one year, or 
    (iv) a land treatment facility
receiving special waste 
    generated at the site; without giving notice of the

    operation to the Agency by January 1, 1989, or 30 days 
    after the date on
which the operation commences, whichever 
    is later, and every 3 years
thereafter.  The form for such 
    notification shall be specified by the
Agency, and shall be 
    limited to information regarding: the name and address
of 
    the location of the operation; the type of operation; the 
    types and
amounts of waste stored, treated or disposed of 
    on an annual basis; the
remaining capacity of the 
    operation; and the remaining expected life of
the 
    operation.

    Item (3) of this subsection (d) shall not apply to any 
person
engaged in agricultural activity who is disposing of a 
substance that
constitutes solid waste, if the substance was 
acquired for use by that
person on his own property, and the 
substance is disposed of on his own
property in accordance with 
regulations or standards adopted by the Board.

    This subsection (d) shall not apply to hazardous waste.

    (e) Dispose, treat, store or abandon any waste, or 
transport any waste
into this State for disposal, treatment, 
storage or abandonment, except at
a site or facility which 
meets the requirements of this Act and of
regulations and 
standards thereunder.

    (f) Conduct any hazardous waste-storage, hazardous 
waste-treatment or
hazardous waste-disposal operation:


        (1) without a RCRA permit for the site issued by the 
    Agency under
subsection (d) of Section 39 of this Act, or 
    in violation of any condition
imposed by such permit, 
    including periodic reports and full access to
adequate 
    records and the inspection of facilities, as may be 
    necessary to
assure compliance with this Act and with 
    regulations and standards adopted
thereunder; or


        (2) in violation of any regulations or standards 
    adopted by the Board
under this Act; or


        (3) in violation of any RCRA permit filing requirement 
    established under
standards adopted by the Board under this 
    Act; or


        (4) in violation of any order adopted by the Board 
    under this Act.

    Notwithstanding the above, no RCRA permit shall be required 
under this
subsection or subsection (d) of Section 39 of this 
Act for any
person engaged in  agricultural activity who is 
disposing of a substance
which has been identified as a 
hazardous waste, and which has been
designated by Board 
regulations as being subject to this exception, if the

substance was acquired for use by that person on his own 
property and the
substance is disposed of on his own property 
in accordance with regulations
or standards adopted by the 
Board.

    (g) Conduct any hazardous waste-transportation operation:


        (1) without registering with and obtaining a special 
    waste hauling permit from the Agency in
accordance with the 
    regulations adopted by the Board under this Act; or


        (2) in violation of any regulations or standards 
    adopted by
the
Board under this Act.

    (h) Conduct any hazardous waste-recycling or hazardous 
waste-reclamation
or hazardous waste-reuse operation in 
violation of any regulations, standards
or permit requirements 
adopted by the Board under this Act.

    (i) Conduct any process or engage in any act which produces 
hazardous
waste in violation of any regulations or standards 
adopted by the Board
under subsections (a) and (c) of Section 
22.4 of this Act.

    (j) Conduct any special waste transportation operation in 
violation
of any regulations, standards or permit requirements 
adopted by the Board
under this Act.  However, sludge from a 
water or sewage treatment plant
owned and operated by a unit of 
local government which (1) is subject to a
sludge management 
plan approved by the Agency or a permit granted by the
Agency, 
and (2) has been tested and determined not to be a hazardous 
waste
as required by applicable State and federal laws and 
regulations, may be
transported in this State without a special 
waste hauling permit, and the
preparation and carrying of a 
manifest shall not be required for such
sludge under the rules 
of the Pollution Control Board. The unit of local
government 
which operates the treatment plant producing such sludge shall

file a semiannual report with the Agency identifying the volume 
of such
sludge transported during the reporting period, the 
hauler of the sludge,
and the disposal sites to which it was 
transported. This subsection (j)
shall not apply to hazardous 
waste.

    (k) Fail or refuse to pay any fee imposed under this Act.

    (l) Locate a hazardous waste disposal site above an active 
or
inactive shaft or tunneled mine or within 2 miles of an 
active fault in
the earth's crust.  In counties of population 
less than 225,000 no
hazardous waste disposal site shall be 
located (1) within 1 1/2 miles of
the corporate limits as 
defined on June 30, 1978, of any municipality
without the 
approval of the governing body of the municipality in an

official action; or (2) within 1000 feet of an existing private 
well or
the existing source of a public water supply measured 
from the boundary
of the actual active permitted site and 
excluding existing private wells
on the property of the permit 
applicant. The provisions of this
subsection do not apply to 
publicly-owned sewage works or the disposal
or utilization of 
sludge from publicly-owned sewage works.

    (m) Transfer interest in any land which has been used as a

hazardous waste disposal site without written notification to 
the Agency
of the transfer and to the transferee of the 
conditions imposed by the Agency
upon its use under subsection 
(g) of Section 39.

    (n) Use any land which has been used as a hazardous waste

disposal site except in compliance with conditions imposed by 
the Agency
under subsection (g) of Section 39.

    (o) Conduct a sanitary landfill operation which is required 
to have a
permit under subsection (d) of this Section, in a 
manner which results in
any of the following conditions:


        (1) refuse in standing or flowing waters;


        (2) leachate flows entering waters of the State;


        (3) leachate flows exiting the landfill confines (as 
    determined by the
boundaries established for the landfill 
    by a permit issued by the Agency);


        (4) open burning of refuse in violation of Section 9 of 
    this Act;


        (5) uncovered refuse remaining from any previous 
    operating day or at the
conclusion of any operating day, 
    unless authorized by permit;


        (6) failure to provide final cover within time limits 
    established by
Board regulations;


        (7) acceptance of wastes without necessary permits;


        (8) scavenging as defined by Board regulations;


        (9) deposition of refuse in any unpermitted portion of 
    the landfill;


        (10) acceptance of a special waste without a required 
    manifest;


        (11) failure to submit reports required by permits or 
    Board regulations;


        (12) failure to collect and contain litter from the 
    site by the end of
each operating day;


        (13) failure to submit any cost estimate for the site 
    or any performance
bond or other security for the site as 
    required by this Act or Board rules.

    The prohibitions specified in this subsection (o) shall be 
enforceable by
the Agency either by administrative citation 
under Section 31.1 of this Act
or as otherwise provided by this 
Act.  The specific prohibitions in this
subsection do not limit 
the power of the Board to establish regulations
or standards 
applicable to sanitary landfills.

    (p) In violation of subdivision (a) of this Section, cause 
or allow the
open dumping of any waste in a manner which 
results in any of the following
occurrences at the dump site:


        (1) litter;


        (2) scavenging;


        (3) open burning;


        (4) deposition of waste in standing or flowing waters;


        (5) proliferation of disease vectors;


        (6) standing or flowing liquid discharge from the dump 
    site;


        (7) deposition of:


            (i) general construction or demolition debris as 
        defined in Section
3.160(a) of this Act; or


            (ii) clean construction or demolition debris as 
        defined in Section
3.160(b) of this Act.

    The prohibitions specified in this subsection (p) shall be

enforceable by the Agency either by administrative citation 
under Section
31.1 of this Act or as otherwise provided by this 
Act.  The specific
prohibitions in this subsection do not limit 
the power of the Board to
establish regulations or standards 
applicable to open dumping.

    (q) Conduct a landscape waste composting operation without 
an Agency
permit, provided, however, that no permit shall be 
required for any person:


        (1) conducting a landscape waste composting operation 
    for landscape
wastes generated by such person's own 
    activities which are stored, treated
or disposed of within 
    the site where such wastes are generated; or


        (2) applying landscape waste or composted landscape 
    waste at agronomic
rates; or


        (3) operating a landscape waste composting facility on 
    a farm, if the
facility meets all of the following 
    criteria:


            (A) the composting facility is operated by the 
        farmer on property on
which the composting material is 
        utilized, and the composting facility
constitutes no 
        more than 2% of the property's total acreage, except 
        that
the Board may allow a higher percentage for 
        individual sites where the owner
or operator has 
        demonstrated to the Board that the site's soil

        characteristics or crop needs require a higher rate;

            (A-1) the composting facility accepts from other 
        agricultural operations for composting with landscape 
        waste no materials other than uncontaminated and 
        source-separated (i) crop residue and other 
        agricultural plant residue generated from the 
        production and harvesting of crops and other customary 
        farm practices, including, but not limited to, stalks, 
        leaves, seed pods, husks, bagasse, and roots and (ii) 
        plant-derived animal bedding, such as straw or 
        sawdust, that is free of manure and was not made from 
        painted or treated wood; 
            (A-2)  any composting additives that the composting 
        facility accepts and uses at   the facility are necessary 
        to provide proper conditions for    composting and     do not 
        exceed 10% of the total composting material at    the 
        facility at any one time; 

            (B) the property on which the composting facility 
        is located, and any
associated property on which the 
        compost is used, is principally and
diligently devoted 
        to the production of agricultural crops and
is not 
        owned, leased or otherwise controlled by any waste 
        hauler
or generator of nonagricultural compost 
        materials, and the operator of the
composting facility 
        is not an employee, partner, shareholder, or in any way

        connected with or controlled by any such waste hauler 
        or generator;


            (C) all compost generated by the composting 
        facility is applied at
agronomic rates and used as 
        mulch, fertilizer or soil conditioner on land
actually 
        farmed by the person operating the composting 
        facility, and the
finished compost is not stored at the 
        composting site for a period longer
than 18 months 
        prior to its application as mulch, fertilizer, or soil 
        conditioner;


            (D) the owner or operator, by January 1, 1990 (or 
        the January 1
following commencement of operation, 
        whichever is later) and January 1 of
each year 
        thereafter, (i) registers the site with the Agency, 
        (ii) reports
to the Agency on the volume of composting 
        material received and used at the
site, (iii) certifies 
        to the Agency that the site complies with the

        requirements set forth in subparagraphs (A), (A-1), 
        (A-2), (B), and (C) of this paragraph
(q)(3), and (iv) 
        certifies to the Agency that all composting material: 
                (I) was
placed more than 200 feet from the 
            nearest potable water supply well;
                (II) , was
placed outside the boundary of the 
            10-year floodplain or on a part of the
site that is 
            floodproofed;
                (III) , was placed either (aa) at least 1/4 mile 
            from the nearest
residence (other than a residence 
            located on the same property as the
facility) and 
            there are not more than 10 occupied non-farm 
            residences
within 1/2 mile of the boundaries of the 
            site on the date of application or (bb) a lesser 
            distance from the nearest residence (other than a 
            residence located on the same property as the 
            facility) provided that the municipality or county 
            in which the facility is located has by ordinance 
            approved a lesser distance than 1/4 mile and there 
            are not more than 10 occupied non-farm residences

            within 1/2 mile of the boundaries of the site on 
            the date of application; ,
and
                (IV) was placed more than 5 feet above the 
            water table. 
            Any ordinance approving a residential setback of 
        less than 1/4 mile that is used to meet the 
        requirements of this subparagraph (D) must 
        specifically reference this subparagraph.

    For the purposes of this subsection (q), "agronomic rates" 
means the
application of not more than 20 tons per acre per 
year, except that the
Board may allow a higher rate for 
individual sites where the owner or
operator has demonstrated 
to the Board that the site's soil
characteristics or crop needs 
require a higher rate.

    (r) Cause or allow the storage or disposal of coal 
combustion
waste unless:


        (1) such waste is stored or disposed of at a site or

    facility for which
a permit has been obtained or is not 
    otherwise required under subsection
(d) of this Section; or


        (2) such waste is stored or disposed of as a part of

    the design and
reclamation of a site or facility which is 
    an abandoned mine site in
accordance with the Abandoned 
    Mined Lands and Water Reclamation Act; or


        (3) such waste is stored or disposed of at a site or

    facility which is
operating under NPDES and Subtitle D 
    permits issued by the Agency pursuant
to regulations 
    adopted by the Board for mine-related water pollution and

    permits issued pursuant to the Federal Surface Mining 
    Control and
Reclamation Act of 1977 (P.L. 95-87) or the 
    rules and regulations
thereunder or any law or rule or 
    regulation adopted by the State of
Illinois pursuant 
    thereto, and the owner or operator of the facility agrees

    to accept the waste; and either


            (i) such waste is stored or disposed of in 
        accordance
with requirements
applicable to refuse 
        disposal under regulations adopted by the Board for

        mine-related water pollution and pursuant to NPDES and 
        Subtitle D permits
issued by the Agency under such 
        regulations; or


            (ii) the owner or operator of the facility 
        demonstrates all of the
following to the Agency, and 
        the facility is operated in accordance with
the 
        demonstration as approved by the Agency: (1) the 
        disposal area will be
covered in a manner that will 
        support continuous vegetation, (2) the
facility will 
        be adequately protected from wind and water erosion, 
        (3) the
pH will be maintained so as to prevent 
        excessive leaching of metal ions,
and (4) adequate 
        containment or other measures will be provided to 
        protect
surface water and groundwater from 
        contamination at levels prohibited by
this Act, the 
        Illinois Groundwater Protection Act, or regulations 
        adopted
pursuant thereto.

    Notwithstanding any other provision of this Title, the 
disposal of coal
combustion waste pursuant to item (2) or (3) 
of this
subdivision (r) shall
be exempt from the other 
provisions of this Title V, and notwithstanding
the provisions 
of Title X of this Act, the Agency is authorized to grant

experimental permits which include provision for the disposal 
of
wastes from the combustion of coal and other materials 
pursuant to items
(2) and (3) of this subdivision (r).

    (s) After April 1, 1989, offer for transportation, 
transport, deliver,
receive or accept special waste for which a 
manifest is required, unless
the manifest indicates that the 
fee required under Section 22.8 of this
Act has been paid.

    (t) Cause or allow a lateral expansion of a municipal solid 
waste landfill
unit on or after October 9, 1993, without a 
permit modification, granted by the
Agency, that authorizes the 
lateral expansion.

    (u) Conduct any vegetable by-product treatment, storage, 
disposal or
transportation operation in violation of any 
regulation, standards or permit
requirements adopted by the 
Board under this Act. However, no permit shall be
required 
under this Title V for the land application of vegetable 
by-products
conducted pursuant to Agency permit issued under 
Title III of this Act to
the generator of the vegetable 
by-products. In addition, vegetable by-products
may be 
transported in this State without a special waste hauling 
permit, and
without the preparation and carrying of a manifest.

    (v) (Blank).

    (w) Conduct any generation, transportation, or recycling 
of construction or
demolition debris, clean or general, or 
uncontaminated soil generated during
construction, remodeling, 
repair, and demolition of utilities, structures, and
roads that 
is not commingled with any waste, without the maintenance of

documentation identifying the hauler, generator, place of 
origin of the debris
or soil, the weight or volume of the 
debris or soil, and the location, owner,
and operator of the 
facility where the debris or soil was transferred,
disposed, 
recycled, or treated.  This documentation must be maintained by 
the
generator, transporter, or recycler for 3 years.
This 
subsection (w) shall not apply to (1) a permitted pollution 
control
facility that transfers or accepts construction or 
demolition debris,
clean or general, or uncontaminated soil for 
final disposal, recycling, or
treatment, (2) a public utility 
(as that term is defined in the Public
Utilities Act) or a 
municipal utility, (3) the Illinois Department of

Transportation, or (4) a municipality or a county highway 
department, with
the exception of any municipality or county 
highway department located within a
county having a population 
of over 3,000,000 inhabitants or located in a county
that
is 
contiguous to a county having a population of over 3,000,000 
inhabitants;
but it shall apply to an entity that contracts 
with a public utility, a
municipal utility, the Illinois 
Department of Transportation, or a
municipality or a county 
highway department.
The terms
"generation" and "recycling" as

used in this subsection do not
apply to clean construction or 
demolition debris
when (i) used as fill material below grade 
outside of a setback zone
if covered by sufficient 
uncontaminated soil to support vegetation within 30
days of the 
completion of filling or if covered by a road or structure, 
(ii)
solely broken concrete without
protruding metal bars is 
used for erosion control, or (iii) milled
asphalt or crushed 
concrete is used as aggregate in construction of the
shoulder 
of a roadway.  The terms "generation" and "recycling", as used 
in this
subsection, do not apply to uncontaminated soil
that is 
not commingled with any waste when (i) used as fill material 
below
grade or contoured to grade, or (ii) used at the site of 
generation.

(Source: P.A. 96-611, eff. 8-24-09; 97-220, eff. 7-28-11.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.