102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2891

 

Introduced 2/19/2021, by Rep. Randy E. Frese

 

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

    Amends the Environmental Protection Act. Provides that incidental sales of finished compost do need not to be applied to agronomic rates in determining whether a person needs a permit to conduct a landscape waste composting operation at specified sites. Removes a provision requiring that no fee is charged for the acceptance of materials to be composted in order for a site having 10 or more occupied non-farm residences within 1/2 mile of its boundaries to be excepted from permit requirements.


LRB102 14399 CPF 19751 b

 

 

A BILL FOR

 

HB2891LRB102 14399 CPF 19751 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.
9    (b) Abandon, dump, or deposit any waste upon the public
10highways or other public property, except in a sanitary
11landfill approved by the Agency pursuant to regulations
12adopted by the Board.
13    (c) Abandon any vehicle in violation of the "Abandoned
14Vehicles Amendment to the Illinois Vehicle Code", as enacted
15by the 76th General Assembly.
16    (d) Conduct any waste-storage, waste-treatment, or
17waste-disposal operation:
18        (1) without a permit granted by the Agency or in
19    violation of any conditions imposed by such permit,
20    including periodic reports and full access to adequate
21    records and the inspection of facilities, as may be
22    necessary to assure compliance with this Act and with
23    regulations and standards adopted thereunder; provided,

 

 

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1    however, that, except for municipal solid waste landfill
2    units that receive waste on or after October 9, 1993, and
3    CCR surface impoundments, no permit shall be required for
4    (i) any person conducting a waste-storage,
5    waste-treatment, or waste-disposal operation for wastes
6    generated by such person's own activities which are
7    stored, treated, or disposed within the site where such
8    wastes are generated, or (ii) a facility located in a
9    county with a population over 700,000 as of January 1,
10    2000, operated and located in accordance with Section
11    22.38 of this Act, and used exclusively for the transfer,
12    storage, or treatment of general construction or
13    demolition debris, provided that the facility was
14    receiving construction or demolition debris on August 24,
15    2009 (the effective date of Public Act 96-611) this
16    amendatory Act of the 96th General Assembly;
17        (2) in violation of any regulations or standards
18    adopted by the Board under this Act; or
19        (3) which receives waste after August 31, 1988, does
20    not have a permit issued by the Agency, and is (i) a
21    landfill used exclusively for the disposal of waste
22    generated at the site, (ii) a surface impoundment
23    receiving special waste not listed in an NPDES permit,
24    (iii) a waste pile in which the total volume of waste is
25    greater than 100 cubic yards or the waste is stored for
26    over one year, or (iv) a land treatment facility receiving

 

 

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1    special waste generated at the site; without giving notice
2    of the operation to the Agency by January 1, 1989, or 30
3    days after the date on which the operation commences,
4    whichever is later, and every 3 years thereafter. The form
5    for such notification shall be specified by the Agency,
6    and shall be limited to information regarding: the name
7    and address of the location of the operation; the type of
8    operation; the types and amounts of waste stored, treated
9    or disposed of on an annual basis; the remaining capacity
10    of the operation; and the remaining expected life of the
11    operation.
12    Item (3) of this subsection (d) shall not apply to any
13person engaged in agricultural activity who is disposing of a
14substance that constitutes solid waste, if the substance was
15acquired for use by that person on his own property, and the
16substance is disposed of on his own property in accordance
17with regulations or standards adopted by the Board.
18    This subsection (d) shall not apply to hazardous waste.
19    (e) Dispose, treat, store or abandon any waste, or
20transport any waste into this State for disposal, treatment,
21storage or abandonment, except at a site or facility which
22meets the requirements of this Act and of regulations and
23standards thereunder.
24    (f) Conduct any hazardous waste-storage, hazardous
25waste-treatment or hazardous waste-disposal operation:
26        (1) without a RCRA permit for the site issued by the

 

 

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1    Agency under subsection (d) of Section 39 of this Act, or
2    in violation of any condition imposed by such permit,
3    including periodic reports and full access to adequate
4    records and the inspection of facilities, as may be
5    necessary to assure compliance with this Act and with
6    regulations and standards adopted thereunder; or
7        (2) in violation of any regulations or standards
8    adopted by the Board under this Act; or
9        (3) in violation of any RCRA permit filing requirement
10    established under standards adopted by the Board under
11    this Act; or
12        (4) in violation of any order adopted by the Board
13    under this Act.
14    Notwithstanding the above, no RCRA permit shall be
15required under this subsection or subsection (d) of Section 39
16of this Act for any person engaged in agricultural activity
17who is disposing of a substance which has been identified as a
18hazardous waste, and which has been designated by Board
19regulations as being subject to this exception, if the
20substance was acquired for use by that person on his own
21property and the substance is disposed of on his own property
22in accordance with regulations or standards adopted by the
23Board.
24    (g) Conduct any hazardous waste-transportation operation:
25        (1) without registering with and obtaining a special
26    waste hauling permit from the Agency in accordance with

 

 

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1    the regulations adopted by the Board under this Act; or
2        (2) in violation of any regulations or standards
3    adopted by the Board under this Act.
4    (h) Conduct any hazardous waste-recycling or hazardous
5waste-reclamation or hazardous waste-reuse operation in
6violation of any regulations, standards or permit requirements
7adopted by the Board under this Act.
8    (i) Conduct any process or engage in any act which
9produces hazardous waste in violation of any regulations or
10standards adopted by the Board under subsections (a) and (c)
11of Section 22.4 of this Act.
12    (j) Conduct any special waste-transportation waste
13transportation operation in violation of any regulations,
14standards or permit requirements adopted by the Board under
15this Act. However, sludge from a water or sewage treatment
16plant owned and operated by a unit of local government which
17(1) is subject to a sludge management plan approved by the
18Agency or a permit granted by the Agency, and (2) has been
19tested and determined not to be a hazardous waste as required
20by applicable State and federal laws and regulations, may be
21transported in this State without a special waste hauling
22permit, and the preparation and carrying of a manifest shall
23not be required for such sludge under the rules of the
24Pollution Control Board. The unit of local government which
25operates the treatment plant producing such sludge shall file
26an annual report with the Agency identifying the volume of

 

 

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1such sludge transported during the reporting period, the
2hauler of the sludge, and the disposal sites to which it was
3transported. This subsection (j) shall not apply to hazardous
4waste.
5    (k) Fail or refuse to pay any fee imposed under this Act.
6    (l) Locate a hazardous waste disposal site above an active
7or inactive shaft or tunneled mine or within 2 miles of an
8active fault in the earth's crust. In counties of population
9less than 225,000 no hazardous waste disposal site shall be
10located (1) within 1 1/2 miles of the corporate limits as
11defined on June 30, 1978, of any municipality without the
12approval of the governing body of the municipality in an
13official action; or (2) within 1000 feet of an existing
14private well or the existing source of a public water supply
15measured from the boundary of the actual active permitted site
16and excluding existing private wells on the property of the
17permit applicant. The provisions of this subsection do not
18apply to publicly owned publicly-owned sewage works or the
19disposal or utilization of sludge from publicly owned
20publicly-owned sewage works.
21    (m) Transfer interest in any land which has been used as a
22hazardous waste disposal site without written notification to
23the Agency of the transfer and to the transferee of the
24conditions imposed by the Agency upon its use under subsection
25(g) of Section 39.
26    (n) Use any land which has been used as a hazardous waste

 

 

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1disposal site except in compliance with conditions imposed by
2the Agency under subsection (g) of Section 39.
3    (o) Conduct a sanitary landfill operation which is
4required to have a permit under subsection (d) of this
5Section, in a manner which results in any of the following
6conditions:
7        (1) refuse in standing or flowing waters;
8        (2) leachate flows entering waters of the State;
9        (3) leachate flows exiting the landfill confines (as
10    determined by the boundaries established for the landfill
11    by a permit issued by the Agency);
12        (4) open burning of refuse in violation of Section 9
13    of this Act;
14        (5) uncovered refuse remaining from any previous
15    operating day or at the conclusion of any operating day,
16    unless authorized by permit;
17        (6) failure to provide final cover within time limits
18    established by Board regulations;
19        (7) acceptance of wastes without necessary permits;
20        (8) scavenging as defined by Board regulations;
21        (9) deposition of refuse in any unpermitted portion of
22    the landfill;
23        (10) acceptance of a special waste without a required
24    manifest;
25        (11) failure to submit reports required by permits or
26    Board regulations;

 

 

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1        (12) failure to collect and contain litter from the
2    site by the end of each operating day;
3        (13) failure to submit any cost estimate for the site
4    or any performance bond or other security for the site as
5    required by this Act or Board rules.
6    The prohibitions specified in this subsection (o) shall be
7enforceable by the Agency either by administrative citation
8under Section 31.1 of this Act or as otherwise provided by this
9Act. The specific prohibitions in this subsection do not limit
10the power of the Board to establish regulations or standards
11applicable to sanitary landfills.
12    (p) In violation of subdivision (a) of this Section, cause
13or allow the open dumping of any waste in a manner which
14results in any of the following occurrences at the dump site:
15        (1) litter;
16        (2) scavenging;
17        (3) open burning;
18        (4) deposition of waste in standing or flowing waters;
19        (5) proliferation of disease vectors;
20        (6) standing or flowing liquid discharge from the dump
21    site;
22        (7) deposition of:
23            (i) general construction or demolition debris as
24        defined in Section 3.160(a) of this Act; or
25            (ii) clean construction or demolition debris as
26        defined in Section 3.160(b) of this Act.

 

 

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1    The prohibitions specified in this subsection (p) shall be
2enforceable by the Agency either by administrative citation
3under Section 31.1 of this Act or as otherwise provided by this
4Act. The specific prohibitions in this subsection do not limit
5the power of the Board to establish regulations or standards
6applicable to open dumping.
7    (q) Conduct a landscape waste composting operation without
8an Agency permit, provided, however, that no permit shall be
9required for any person:
10        (1) conducting a landscape waste composting operation
11    for landscape wastes generated by such person's own
12    activities which are stored, treated, or disposed of
13    within the site where such wastes are generated; or
14        (1.5) conducting a landscape waste composting
15    operation that (i) has no more than 25 cubic yards of
16    landscape waste, composting additives, composting
17    material, or end-product compost on-site at any one time
18    and (ii) is not engaging in commercial activity; or
19        (2) applying landscape waste or composted landscape
20    waste at agronomic rates; or
21        (2.5) operating a landscape waste composting facility
22    at a site having 10 or more occupied non-farm residences
23    within 1/2 mile of its boundaries, if the facility meets
24    all of the following criteria:
25            (A) the composting facility is operated by the
26        farmer on property on which the composting material is

 

 

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

 

 

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1            (D)(blank) 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)
9        certifies to the Agency that the site complies with
10        the requirements set forth in subparagraphs (A),
11        (A-5), (B), (C), and (D) of this paragraph (2.5); and
12        (iv) certifies to the Agency that all composting
13        material was placed more than 200 feet from the
14        nearest potable water supply well, was placed outside
15        the boundary of the 10-year floodplain or on a part of
16        the site that is floodproofed, was placed at least 1/4
17        mile from the nearest residence (other than a
18        residence located on the same property as the
19        facility) or a lesser distance from the nearest
20        residence (other than a residence located on the same
21        property as the facility) if the municipality in which
22        the facility is located has by ordinance approved a
23        lesser distance than 1/4 mile, and was placed more
24        than 5 feet above the water table; any ordinance
25        approving a residential setback of less than 1/4 mile
26        that is used to meet the requirements of this

 

 

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

 

 

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

 

 

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1        the requirements set forth in subparagraphs (A),
2        (A-1), (A-2), (B), and (C) of this paragraph (q)(3),
3        and (iv) certifies to the Agency that all composting
4        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
15            the site on the date of application or (bb) a
16            lesser distance from the nearest residence (other
17            than a residence located on the same property as
18            the facility) provided that the municipality or
19            county in which the facility is located has by
20            ordinance approved a lesser distance than 1/4 mile
21            and there are not more than 10 occupied non-farm
22            residences within 1/2 mile of the boundaries of
23            the site on 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

 

 

HB2891- 15 -LRB102 14399 CPF 19751 b

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
9needs require 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;
15    or
16        (2) such waste is stored or disposed of as a part of
17    the design and reclamation of a site or facility which is
18    an abandoned mine site in accordance with the Abandoned
19    Mined Lands and Water Reclamation Act; or
20        (3) such waste is stored or disposed of at a site or
21    facility which is operating under NPDES and Subtitle D
22    permits issued by the Agency pursuant to regulations
23    adopted by the Board for mine-related water pollution and
24    permits issued pursuant to the federal Federal Surface
25    Mining Control and Reclamation Act of 1977 (P.L. 95-87) or
26    the rules and regulations thereunder or any law or rule or

 

 

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

 

 

HB2891- 17 -LRB102 14399 CPF 19751 b

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

 

 

HB2891- 18 -LRB102 14399 CPF 19751 b

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

 

 

HB2891- 19 -LRB102 14399 CPF 19751 b

1demolition debris when (i) used as fill material below grade
2outside of a setback zone if covered by sufficient
3uncontaminated soil to support vegetation within 30 days of
4the completion of filling or if covered by a road or structure,
5(ii) solely broken concrete without protruding metal bars is
6used for erosion control, or (iii) milled asphalt or crushed
7concrete is used as aggregate in construction of the shoulder
8of a roadway. The terms "generation" and "recycling", as used
9in this subsection, do not apply to uncontaminated soil that
10is not commingled with any waste when (i) used as fill material
11below grade or contoured to grade, or (ii) used at the site of
12generation.
13(Source: P.A. 100-103, eff. 8-11-17; 101-171, eff. 7-30-19;
14revised 9-12-19.)