99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3159

 

Introduced 2/19/2016, by Sen. Wm. Sam McCann

 

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

    Amends the Environmental Protection Act. Provides that specified enforcement actions shall not be construed to prevent the enforcement of any ordinance of any unit of local government.


LRB099 19960 MJP 44359 b

 

 

A BILL FOR

 

SB3159LRB099 19960 MJP 44359 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5changing Section 21 as follows:
 
6    (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)
7    Sec. 21. Prohibited acts. No person shall:
8    (a) Cause or allow the open dumping of any waste. An
9enforcement action taken under this subsection shall be
10construed to prevent the enforcement of any ordinance of any
11unit of local government.
12    (b) Abandon, dump, or deposit any waste upon the public
13highways or other public property, except in a sanitary
14landfill approved by the Agency pursuant to regulations adopted
15by the Board. An enforcement action taken under this subsection
16shall be construed to prevent the enforcement of any ordinance
17of any unit of local government.
18    (c) Abandon any vehicle in violation of the "Abandoned
19Vehicles Amendment to the Illinois Vehicle Code", as enacted by
20the 76th General Assembly. An enforcement action taken under
21this subsection shall be construed to prevent the enforcement
22of any ordinance of any unit of local government.
23    (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 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; or
17        (1.5) conducting a landscape waste composting
18    operation that (i) has no more than 25 cubic yards of
19    landscape waste, composting additives, composting
20    material, or end-product compost on-site at any one time
21    and (ii) is not engaging in commercial activity; or
22        (2) applying landscape waste or composted landscape
23    waste at agronomic rates; or
24        (2.5) operating a landscape waste composting facility
25    at a site having 10 or more occupied non-farm residences
26    within 1/2 mile of its boundaries, if the facility meets

 

 

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1    all of the following criteria:
2            (A) the composting facility is operated by the
3        farmer on property on which the composting material is
4        utilized, and the composting facility constitutes no
5        more than 2% of the site's total acreage;
6            (A-5) any composting additives that the composting
7        facility accepts and uses at the facility are necessary
8        to provide proper conditions for composting and do not
9        exceed 10% of the total composting material at the
10        facility at any one time;
11            (B) the property on which the composting facility
12        is located, and any associated property on which the
13        compost is used, is principally and diligently devoted
14        to the production of agricultural crops and is not
15        owned, leased, or otherwise controlled by any waste
16        hauler or generator of nonagricultural compost
17        materials, and the operator of the composting facility
18        is not an employee, partner, shareholder, or in any way
19        connected with or controlled by any such waste hauler
20        or generator;
21            (C) all compost generated by the composting
22        facility is applied at agronomic rates and used as
23        mulch, fertilizer, or soil conditioner on land
24        actually farmed by the person operating the composting
25        facility, and the finished compost is not stored at the
26        composting site for a period longer than 18 months

 

 

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1        prior to its application as mulch, fertilizer, or soil
2        conditioner;
3            (D) no fee is charged for the acceptance of
4        materials to be composted at the facility; and
5            (E) the owner or operator, by January 1, 2014 (or
6        the January 1 following commencement of operation,
7        whichever is later) and January 1 of each year
8        thereafter, registers the site with the Agency, (ii)
9        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), (A-5),
13        (B), (C), and (D) of this paragraph (2.5); and (iv)
14        certifies to the Agency that all composting material
15        was placed more than 200 feet from the nearest potable
16        water supply well, was placed outside the boundary of
17        the 10-year 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) or a lesser distance
21        from the nearest residence (other than a residence
22        located on the same property as the facility) if the
23        municipality in which the facility is located has by
24        ordinance approved a lesser distance than 1/4 mile, and
25        was placed more than 5 feet above the water table; any
26        ordinance approving a residential setback of less than

 

 

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1        1/4 mile that is used to meet the requirements of this
2        subparagraph (E) of paragraph (2.5) of this subsection
3        must specifically reference this paragraph; or
4        (3) operating a landscape waste composting facility on
5    a farm, if the facility meets all of the following
6    criteria:
7            (A) the composting facility is operated by the
8        farmer on property on which the composting material is
9        utilized, and the composting facility constitutes no
10        more than 2% of the property's total acreage, except
11        that the Board may allow a higher percentage for
12        individual sites where the owner or operator has
13        demonstrated to the Board that the site's soil
14        characteristics or crop needs require a higher rate;
15            (A-1) the composting facility accepts from other
16        agricultural operations for composting with landscape
17        waste no materials other than uncontaminated and
18        source-separated (i) crop residue and other
19        agricultural plant residue generated from the
20        production and harvesting of crops and other customary
21        farm practices, including, but not limited to, stalks,
22        leaves, seed pods, husks, bagasse, and roots and (ii)
23        plant-derived animal bedding, such as straw or
24        sawdust, that is free of manure and was not made from
25        painted or treated wood;
26            (A-2) any composting additives that the composting

 

 

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1        facility accepts and uses at the facility are necessary
2        to provide proper conditions for composting and do not
3        exceed 10% of the total composting material at the
4        facility at any one time;
5            (B) the property on which the composting facility
6        is located, and any associated property on which the
7        compost is used, is principally and diligently devoted
8        to the production of agricultural crops and is not
9        owned, leased or otherwise controlled by any waste
10        hauler or generator of nonagricultural compost
11        materials, and the operator of the composting facility
12        is not an employee, partner, shareholder, or in any way
13        connected with or controlled by any such waste hauler
14        or generator;
15            (C) all compost generated by the composting
16        facility is applied at agronomic rates and used as
17        mulch, fertilizer or soil conditioner on land actually
18        farmed by the person operating the composting
19        facility, and the finished compost is not stored at the
20        composting site for a period longer than 18 months
21        prior to its application as mulch, fertilizer, or soil
22        conditioner;
23            (D) the owner or operator, by January 1 of each
24        year, (i) registers the site with the Agency, (ii)
25        reports to the Agency on the volume of composting
26        material received and used at the site, (iii) certifies

 

 

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1        to the Agency that the site complies with the
2        requirements set forth in subparagraphs (A), (A-1),
3        (A-2), (B), and (C) of this paragraph (q)(3), and (iv)
4        certifies to the Agency that all composting material:
5                (I) was placed more than 200 feet from the
6            nearest potable water supply well;
7                (II) was placed outside the boundary of the
8            10-year floodplain or on a part of the site that is
9            floodproofed;
10                (III) was placed either (aa) at least 1/4 mile
11            from the nearest residence (other than a residence
12            located on the same property as the facility) and
13            there are not more than 10 occupied non-farm
14            residences within 1/2 mile of the boundaries of the
15            site on the date of application or (bb) a lesser
16            distance from the nearest residence (other than a
17            residence located on the same property as the
18            facility) provided that the municipality or county
19            in which the facility is located has by ordinance
20            approved a lesser distance than 1/4 mile and there
21            are not more than 10 occupied non-farm residences
22            within 1/2 mile of the boundaries of the site on
23            the date of application; and
24                (IV) was placed more than 5 feet above the
25            water table.
26            Any ordinance approving a residential setback of

 

 

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

 

 

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

 

 

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1of Title X of this Act, the Agency is authorized to grant
2experimental permits which include provision for the disposal
3of wastes from the combustion of coal and other materials
4pursuant to items (2) and (3) of this subdivision (r).
5    (s) After April 1, 1989, offer for transportation,
6transport, deliver, receive or accept special waste for which a
7manifest is required, unless the manifest indicates that the
8fee required under Section 22.8 of this Act has been paid.
9    (t) Cause or allow a lateral expansion of a municipal solid
10waste landfill unit on or after October 9, 1993, without a
11permit modification, granted by the Agency, that authorizes the
12lateral expansion.
13    (u) Conduct any vegetable by-product treatment, storage,
14disposal or transportation operation in violation of any
15regulation, standards or permit requirements adopted by the
16Board under this Act. However, no permit shall be required
17under this Title V for the land application of vegetable
18by-products conducted pursuant to Agency permit issued under
19Title III of this Act to the generator of the vegetable
20by-products. In addition, vegetable by-products may be
21transported in this State without a special waste hauling
22permit, and without the preparation and carrying of a manifest.
23    (v) (Blank).
24    (w) Conduct any generation, transportation, or recycling
25of construction or demolition debris, clean or general, or
26uncontaminated soil generated during construction, remodeling,

 

 

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1repair, and demolition of utilities, structures, and roads that
2is not commingled with any waste, without the maintenance of
3documentation identifying the hauler, generator, place of
4origin of the debris or soil, the weight or volume of the
5debris or soil, and the location, owner, and operator of the
6facility where the debris or soil was transferred, disposed,
7recycled, or treated. This documentation must be maintained by
8the generator, transporter, or recycler for 3 years. This
9subsection (w) shall not apply to (1) a permitted pollution
10control facility that transfers or accepts construction or
11demolition debris, clean or general, or uncontaminated soil for
12final disposal, recycling, or treatment, (2) a public utility
13(as that term is defined in the Public Utilities Act) or a
14municipal utility, (3) the Illinois Department of
15Transportation, or (4) a municipality or a county highway
16department, with the exception of any municipality or county
17highway department located within a county having a population
18of over 3,000,000 inhabitants or located in a county that is
19contiguous to a county having a population of over 3,000,000
20inhabitants; but it shall apply to an entity that contracts
21with a public utility, a municipal utility, the Illinois
22Department of Transportation, or a municipality or a county
23highway department. The terms "generation" and "recycling" as
24used in this subsection do not apply to clean construction or
25demolition debris when (i) used as fill material below grade
26outside of a setback zone if covered by sufficient

 

 

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1uncontaminated soil to support vegetation within 30 days of the
2completion of filling or if covered by a road or structure,
3(ii) solely broken concrete without protruding metal bars is
4used for erosion control, or (iii) milled asphalt or crushed
5concrete is used as aggregate in construction of the shoulder
6of a roadway. The terms "generation" and "recycling", as used
7in this subsection, do not apply to uncontaminated soil that is
8not commingled with any waste when (i) used as fill material
9below grade or contoured to grade, or (ii) used at the site of
10generation.
11(Source: P.A. 97-220, eff. 7-28-11; 98-239, eff. 8-9-13;
1298-484, eff. 8-16-13; 98-756, eff. 7-16-14.)