Sen. Patrick J. Joyce
Filed: 3/22/2021
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1 | AMENDMENT TO SENATE BILL 1656
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2 | AMENDMENT NO. ______. Amend Senate Bill 1656 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Dead Animal Disposal Act is | ||||||
5 | amended by changing Sections 1.1 and 19a and by adding Section | ||||||
6 | 17.1 as follows:
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7 | (225 ILCS 610/1.1) (from Ch. 8, par. 149.1)
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8 | Sec. 1.1. As used in this Act, unless the context | ||||||
9 | otherwise requires:
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10 | (a) "Department" means the Department of Agriculture of | ||||||
11 | the State of
Illinois.
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12 | (b) "Person" means any individual, firm, partnership,
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13 | association, corporation or other business entity.
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14 | (c) "Renderer" means any person who, for other than human | ||||||
15 | consumption,
collects, cooks and processes bodies or parts of | ||||||
16 | bodies of dead animals,
poultry or fish, or used cooking |
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1 | grease and oils, for the purpose of
salvaging hides, wool, | ||||||
2 | skins or feathers, and
for the production of animal, poultry, | ||||||
3 | or fish protein, blood meal,
bone meal, grease or tallow.
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4 | (d) "Blender" means any person who acquires inedible | ||||||
5 | by-products of
bodies or parts of bodies of dead animals, | ||||||
6 | poultry or fish, or used
cooking grease and oils, for the | ||||||
7 | purpose of
blending them to obtain a desired percentage of | ||||||
8 | protein, degree of quality
or color for use in animal feed, | ||||||
9 | poultry feed or fertilizers.
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10 | (e) "Collection center" means any place where bodies or | ||||||
11 | parts of bodies
of dead animals, poultry or fish, or used | ||||||
12 | cooking grease and cooking oils, are collected
for loading | ||||||
13 | into a permitted vehicle for delivery to the renderer.
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14 | (f) "Permittee" means any person issued a vehicle permit | ||||||
15 | under the
provisions
of this Act.
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16 | (g) "Licensee" means any person licensed under the | ||||||
17 | provisions of this Act.
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18 | (h) "Rendering materials" means bodies or parts of bodies | ||||||
19 | of dead animals,
poultry or fish, or used cooking grease and | ||||||
20 | oils.
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21 | (i) "Animal collection service" means a company that | ||||||
22 | conveys dead animals
to a landfill facility licensed under the | ||||||
23 | Environmental Protection Act when no
rendering service is | ||||||
24 | available.
Waste haulers collecting waste in which a dead | ||||||
25 | animal is included incidental
to such waste shall not be | ||||||
26 | considered an "animal collection service"
activity.
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1 | (j) "Grease and oil collector" means any person who | ||||||
2 | collects for reuse or recycling used cooking grease and | ||||||
3 | cooking oils in a permitted vehicle for delivery to a grease | ||||||
4 | and cooking oil processor for purposes other than rendering or | ||||||
5 | blending. | ||||||
6 | (k) "Grease and oil processor" means any person who | ||||||
7 | stores, filters, processes, or distributes for reuse or | ||||||
8 | recycling used cooking grease and cooking oils for uses other | ||||||
9 | than rendering or blending. | ||||||
10 | (l) "Mass animal mortality event" means an event, as | ||||||
11 | declared by the Director, in which large numbers of animals of | ||||||
12 | a single or multiple species die or are at an increased risk of | ||||||
13 | mortality due to disease, natural disaster, or any other | ||||||
14 | non-disease related event, including, but not limited to, | ||||||
15 | market disruption or ventilation failure. | ||||||
16 | (m) "Director" means the Director of Agriculture. | ||||||
17 | (n) "Dead animal" means the carcass or tissue from a | ||||||
18 | deceased domesticated animal, poultry, fish, captive wild | ||||||
19 | animal, or captive wildlife. | ||||||
20 | (o) "Operator" means the person or entity that has been | ||||||
21 | designated by the owner, through contract or otherwise, as | ||||||
22 | responsible for conveying dead animals. | ||||||
23 | (Source: P.A. 98-785, eff. 1-1-15 .)
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24 | (225 ILCS 610/17.1 new) | ||||||
25 | Sec. 17.1. Mass animal mortality event. |
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1 | (a) The Director, at his or her discretion, may declare a | ||||||
2 | mass animal mortality event. The Director shall notify the | ||||||
3 | Illinois Emergency Management Agency of the declaration. The | ||||||
4 | notification shall be made without delay, but no later than 24 | ||||||
5 | hours following the declaration. | ||||||
6 | (b) The Department shall create and file with the Illinois | ||||||
7 | Emergency Management Agency a mass animal mortality event | ||||||
8 | plan. The plan must include and describe, at a minimum, the | ||||||
9 | following options of disposal: | ||||||
10 | (1) burial, which may include methods and procedures | ||||||
11 | for above-ground burial; | ||||||
12 | (2) rendering; | ||||||
13 | (3) transfer to a landfill; | ||||||
14 | (4) composting, which may be conducted on the site | ||||||
15 | where the death of the animals occurred or by transporting | ||||||
16 | the bodies to a licensed landfill or to a centralized | ||||||
17 | off-site location determined at the time of the mass | ||||||
18 | animal mortality event; | ||||||
19 | (5) incineration; and | ||||||
20 | (6) any other acceptable method as determined by the | ||||||
21 | Director. | ||||||
22 | (b) Notwithstanding any other provision of this Act, | ||||||
23 | following the Director's declaration of a mass animal | ||||||
24 | mortality event, the Department shall implement the most | ||||||
25 | recent mass animal mortality event plan on file with the | ||||||
26 | Illinois Emergency Management Agency.
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1 | (225 ILCS 610/19a) (from Ch. 8, par. 167a)
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2 | Sec. 19a.
This Act shall be known and may be cited as the | ||||||
3 | Animal Mortality Act "Illinois
Dead Animal Disposal Act" .
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4 | (Source: P.A. 83-760.)
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5 | Section 10. The Environmental Protection Act is amended by | ||||||
6 | changing Sections 3.330, 21, and 39 as follows:
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7 | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
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8 | Sec. 3.330. Pollution control facility.
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9 | (a) "Pollution control facility" is any waste storage | ||||||
10 | site, sanitary
landfill, waste disposal site, waste transfer | ||||||
11 | station, waste treatment
facility, or waste incinerator. This | ||||||
12 | includes sewers, sewage treatment
plants, and any other | ||||||
13 | facilities owned or operated by sanitary districts
organized | ||||||
14 | under the Metropolitan Water Reclamation District Act.
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15 | The following are not pollution control facilities:
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16 | (1) (blank);
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17 | (2) waste storage sites regulated under 40 CFR, Part | ||||||
18 | 761.42;
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19 | (3) sites or facilities used by any person conducting | ||||||
20 | a waste storage,
waste treatment, waste disposal, waste | ||||||
21 | transfer or waste incineration
operation, or a combination | ||||||
22 | thereof, for wastes generated by such person's
own | ||||||
23 | activities, when such wastes are stored, treated, disposed |
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1 | of,
transferred or incinerated within the site or facility | ||||||
2 | owned, controlled or
operated by such person, or when such | ||||||
3 | wastes are transported within or
between sites or | ||||||
4 | facilities owned, controlled or operated by such person;
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5 | (4) sites or facilities at which the State is | ||||||
6 | performing removal or
remedial action pursuant to Section | ||||||
7 | 22.2 or 55.3;
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8 | (5) abandoned quarries used solely for the disposal of | ||||||
9 | concrete, earth
materials, gravel, or aggregate debris | ||||||
10 | resulting from road construction
activities conducted by a | ||||||
11 | unit of government or construction activities due
to the | ||||||
12 | construction and installation of underground pipes, lines, | ||||||
13 | conduit
or wires off of the premises of a public utility | ||||||
14 | company which are
conducted by a public utility;
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15 | (6) sites or facilities used by any person to | ||||||
16 | specifically conduct a
landscape composting operation;
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17 | (7) regional facilities as defined in the Central | ||||||
18 | Midwest Interstate
Low-Level Radioactive Waste Compact;
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19 | (8) the portion of a site or facility where coal | ||||||
20 | combustion wastes are
stored or disposed of in accordance | ||||||
21 | with subdivision (r)(2) or (r)(3) of
Section 21;
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22 | (9) the portion of a site or facility used for the | ||||||
23 | collection,
storage or processing of waste tires as | ||||||
24 | defined in Title XIV;
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25 | (10) the portion of a site or facility used for | ||||||
26 | treatment of
petroleum contaminated materials by |
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1 | application onto or incorporation into
the soil surface | ||||||
2 | and any portion of that site or facility used for storage
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3 | of petroleum contaminated materials before treatment. Only | ||||||
4 | those categories
of petroleum listed in Section
57.9(a)(3) | ||||||
5 | are exempt under this subdivision (10);
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6 | (11) the portion of a site or facility where used oil | ||||||
7 | is collected or
stored prior to shipment to a recycling or | ||||||
8 | energy recovery facility, provided
that the used oil is | ||||||
9 | generated by households or commercial establishments, and
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10 | the site or facility is a recycling center or a business | ||||||
11 | where oil or gasoline
is sold at retail; | ||||||
12 | (11.5) processing sites or facilities that receive | ||||||
13 | only on-specification used oil, as defined in 35 Ill. | ||||||
14 | Admin. Code 739, originating from used oil collectors for | ||||||
15 | processing that is managed under 35 Ill. Admin. Code 739 | ||||||
16 | to produce products for sale to off-site petroleum | ||||||
17 | facilities, if these processing sites or facilities are: | ||||||
18 | (i) located within a home rule unit of local government | ||||||
19 | with a population of at least 30,000 according to the 2000 | ||||||
20 | federal census, that home rule unit of local government | ||||||
21 | has been designated as an Urban Round II Empowerment Zone | ||||||
22 | by the United States Department of Housing and Urban | ||||||
23 | Development, and that home rule unit of local government | ||||||
24 | has enacted an ordinance approving the location of the | ||||||
25 | site or facility and provided funding for the site or | ||||||
26 | facility; and (ii) in compliance with all applicable |
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1 | zoning requirements;
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2 | (12) the portion of a site or facility utilizing coal | ||||||
3 | combustion waste
for stabilization and treatment of only | ||||||
4 | waste generated on that site or
facility when used in | ||||||
5 | connection with response actions pursuant to the federal
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6 | Comprehensive Environmental Response, Compensation, and | ||||||
7 | Liability Act of 1980,
the federal Resource Conservation | ||||||
8 | and Recovery Act of 1976, or the Illinois
Environmental | ||||||
9 | Protection Act or as authorized by the Agency;
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10 | (13) the portion of a site or facility that accepts | ||||||
11 | exclusively general
construction or demolition debris and | ||||||
12 | is operated and located in accordance with Section 22.38 | ||||||
13 | of this Act; | ||||||
14 | (14) the portion of a site or facility, located within | ||||||
15 | a unit of local government that has enacted local zoning | ||||||
16 | requirements, used to accept, separate, and process | ||||||
17 | uncontaminated broken concrete, with or without protruding | ||||||
18 | metal bars, provided that the uncontaminated broken | ||||||
19 | concrete and metal bars are not speculatively accumulated, | ||||||
20 | are at the site or facility no longer than one year after | ||||||
21 | their acceptance, and are returned to the economic | ||||||
22 | mainstream in the form of raw materials or products;
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23 | (15) the portion of a site or facility located in a | ||||||
24 | county with a population over 3,000,000 that has obtained | ||||||
25 | local siting approval under Section 39.2 of this Act for a | ||||||
26 | municipal waste incinerator on or before July 1, 2005 and |
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1 | that is used for a non-hazardous waste transfer station;
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2 | (16) a site or facility that temporarily holds in | ||||||
3 | transit for 10 days or less, non-putrescible solid waste | ||||||
4 | in original containers, no larger in capacity than 500 | ||||||
5 | gallons, provided that such waste is further transferred | ||||||
6 | to a recycling, disposal, treatment, or storage facility | ||||||
7 | on a non-contiguous site and provided such site or | ||||||
8 | facility complies with the applicable 10-day transfer | ||||||
9 | requirements of the federal Resource Conservation and | ||||||
10 | Recovery Act of 1976 and United States Department of | ||||||
11 | Transportation hazardous material requirements. For | ||||||
12 | purposes of this Section only, "non-putrescible solid | ||||||
13 | waste" means waste other than municipal garbage that does | ||||||
14 | not rot or become putrid, including, but not limited to, | ||||||
15 | paints, solvent, filters, and absorbents;
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16 | (17)
the portion of a site or facility located in a | ||||||
17 | county with a population greater than 3,000,000 that has | ||||||
18 | obtained local siting approval, under Section 39.2 of this | ||||||
19 | Act, for a municipal waste incinerator on or before July | ||||||
20 | 1, 2005 and that is used for wood combustion facilities | ||||||
21 | for energy recovery that accept and burn only wood | ||||||
22 | material, as included in a fuel specification approved by | ||||||
23 | the Agency;
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24 | (18)
a transfer station used exclusively for landscape | ||||||
25 | waste, including a transfer station where landscape waste | ||||||
26 | is ground to reduce its volume, where the landscape waste |
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1 | is held no longer than 24 hours from the time it was | ||||||
2 | received; | ||||||
3 | (19) the portion of a site or facility that (i) is used | ||||||
4 | for the composting of food scrap, livestock waste, crop | ||||||
5 | residue, uncontaminated wood waste, or paper waste, | ||||||
6 | including, but not limited to, corrugated paper or | ||||||
7 | cardboard, and (ii) meets all of the following | ||||||
8 | requirements: | ||||||
9 | (A) There must not be more than a total of 30,000 | ||||||
10 | cubic yards of livestock waste in raw form or in the | ||||||
11 | process of being composted at the site or facility at | ||||||
12 | any one time. | ||||||
13 | (B) All food scrap, livestock waste, crop residue, | ||||||
14 | uncontaminated wood waste, and paper waste must, by | ||||||
15 | the end of each operating day, be processed and placed | ||||||
16 | into an enclosed vessel in which air flow and | ||||||
17 | temperature are controlled, or all of the following | ||||||
18 | additional requirements must be met: | ||||||
19 | (i) The portion of the site or facility used | ||||||
20 | for the composting operation must include a | ||||||
21 | setback of at least 200 feet from the nearest | ||||||
22 | potable water supply well. | ||||||
23 | (ii) The portion of the site or facility used | ||||||
24 | for the composting operation must be located | ||||||
25 | outside the boundary of the 10-year floodplain or | ||||||
26 | floodproofed. |
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1 | (iii) Except in municipalities with more than | ||||||
2 | 1,000,000 inhabitants, the portion of the site or | ||||||
3 | facility used for the composting operation must be | ||||||
4 | located at least one-eighth of a mile from the | ||||||
5 | nearest residence, other than a residence located | ||||||
6 | on the same property as the site or facility. | ||||||
7 | (iv) The portion of the site or facility used | ||||||
8 | for the composting operation must be located at | ||||||
9 | least one-eighth of a mile from the property line | ||||||
10 | of all of the following areas: | ||||||
11 | (I) Facilities that primarily serve to | ||||||
12 | house or treat people that are | ||||||
13 | immunocompromised or immunosuppressed, such as | ||||||
14 | cancer or AIDS patients; people with asthma, | ||||||
15 | cystic fibrosis, or bioaerosol allergies; or | ||||||
16 | children under the age of one year. | ||||||
17 | (II) Primary and secondary schools and | ||||||
18 | adjacent areas that the schools use for | ||||||
19 | recreation. | ||||||
20 | (III) Any facility for child care licensed | ||||||
21 | under Section 3 of the Child Care Act of 1969; | ||||||
22 | preschools; and adjacent areas that the | ||||||
23 | facilities or preschools use for recreation. | ||||||
24 | (v) By the end of each operating day, all food | ||||||
25 | scrap, livestock waste, crop residue, | ||||||
26 | uncontaminated wood waste, and paper waste must be |
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1 | (i) processed into windrows or other piles and | ||||||
2 | (ii) covered in a manner that prevents scavenging | ||||||
3 | by birds and animals and that prevents other | ||||||
4 | nuisances. | ||||||
5 | (C) Food scrap, livestock waste, crop residue, | ||||||
6 | uncontaminated wood waste, paper waste, and compost | ||||||
7 | must not be placed within 5 feet of the water table. | ||||||
8 | (D) The site or facility must meet all of the | ||||||
9 | requirements of the Wild and Scenic Rivers Act (16 | ||||||
10 | U.S.C. 1271 et seq.). | ||||||
11 | (E) The site or facility must not (i) restrict the | ||||||
12 | flow of a 100-year flood, (ii) result in washout of | ||||||
13 | food scrap, livestock waste, crop residue, | ||||||
14 | uncontaminated wood waste, or paper waste from a | ||||||
15 | 100-year flood, or (iii) reduce the temporary water | ||||||
16 | storage capacity of the 100-year floodplain, unless | ||||||
17 | measures are undertaken to provide alternative storage | ||||||
18 | capacity, such as by providing lagoons, holding tanks, | ||||||
19 | or drainage around structures at the facility. | ||||||
20 | (F) The site or facility must not be located in any | ||||||
21 | area where it may pose a threat of harm or destruction | ||||||
22 | to the features for which: | ||||||
23 | (i) an irreplaceable historic or | ||||||
24 | archaeological site has been listed under the | ||||||
25 | National Historic Preservation Act (16 U.S.C. 470 | ||||||
26 | et seq.) or the Illinois Historic Preservation |
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1 | Act; | ||||||
2 | (ii) a natural landmark has been designated by | ||||||
3 | the National Park Service or the Illinois State | ||||||
4 | Historic Preservation Office; or | ||||||
5 | (iii) a natural area has been designated as a | ||||||
6 | Dedicated Illinois Nature Preserve under the | ||||||
7 | Illinois Natural Areas Preservation Act. | ||||||
8 | (G) The site or facility must not be located in an | ||||||
9 | area where it may jeopardize the continued existence | ||||||
10 | of any designated endangered species, result in the | ||||||
11 | destruction or adverse modification of the critical | ||||||
12 | habitat for such species, or cause or contribute to | ||||||
13 | the taking of any endangered or threatened species of | ||||||
14 | plant, fish, or wildlife listed under the Endangered | ||||||
15 | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | ||||||
16 | Endangered Species Protection Act; | ||||||
17 | (20) the portion of a site or facility that is located | ||||||
18 | entirely within a home rule unit having a population of no | ||||||
19 | less than 120,000 and no more than 135,000, according to | ||||||
20 | the 2000 federal census, and that meets all of the | ||||||
21 | following requirements: | ||||||
22 | (i) the portion of the site or facility is used | ||||||
23 | exclusively to perform testing of a thermochemical | ||||||
24 | conversion technology using only woody biomass, | ||||||
25 | collected as landscape waste within the boundaries of | ||||||
26 | the home rule unit, as the hydrocarbon feedstock for |
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1 | the production of synthetic gas in accordance with | ||||||
2 | Section 39.9 of this Act; | ||||||
3 | (ii) the portion of the site or facility is in | ||||||
4 | compliance with all applicable zoning requirements; | ||||||
5 | and | ||||||
6 | (iii) a complete application for a demonstration | ||||||
7 | permit at the portion of the site or facility has been | ||||||
8 | submitted to the Agency in accordance with Section | ||||||
9 | 39.9 of this Act within one year after July 27, 2010 | ||||||
10 | (the effective date of Public Act 96-1314); | ||||||
11 | (21) the portion of a site or facility used to perform | ||||||
12 | limited testing of a gasification conversion technology in | ||||||
13 | accordance with Section 39.8 of this Act and for which a | ||||||
14 | complete permit application has been submitted to the | ||||||
15 | Agency prior to one year from April 9, 2010 (the effective | ||||||
16 | date of Public Act 96-887);
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17 | (22) the portion of a site or facility that is used to | ||||||
18 | incinerate only pharmaceuticals from residential sources | ||||||
19 | that are collected and transported by law enforcement | ||||||
20 | agencies under Section 17.9A of this Act; | ||||||
21 | (23) the portion of a site or facility: | ||||||
22 | (A) that is used exclusively for the transfer of | ||||||
23 | commingled landscape waste and food scrap held at the | ||||||
24 | site or facility for no longer than 24 hours after | ||||||
25 | their receipt; | ||||||
26 | (B) that is located entirely within a home rule |
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1 | unit having a population of (i) not less than 100,000 | ||||||
2 | and not more than 115,000 according to the 2010 | ||||||
3 | federal census, (ii) not less than 5,000 and not more | ||||||
4 | than 10,000 according to the 2010 federal census, or | ||||||
5 | (iii) not less than 25,000 and not more than 30,000 | ||||||
6 | according to the 2010 federal census or that is | ||||||
7 | located in the unincorporated area of a county having | ||||||
8 | a population of not less than 700,000 and not more than | ||||||
9 | 705,000 according to the 2010 federal census; | ||||||
10 | (C) that is permitted, by the Agency, prior to | ||||||
11 | January 1, 2002, for the transfer of landscape waste | ||||||
12 | if located in a home rule unit or that is permitted | ||||||
13 | prior to January 1, 2008 if located in an | ||||||
14 | unincorporated area of a county; and | ||||||
15 | (D) for which a permit application is submitted to | ||||||
16 | the Agency to modify an existing permit for the | ||||||
17 | transfer of landscape waste to also include, on a | ||||||
18 | demonstration basis not to exceed 24 months each time | ||||||
19 | a permit is issued, the transfer of commingled | ||||||
20 | landscape waste and food scrap or for which a permit | ||||||
21 | application is submitted to the Agency within 6 months | ||||||
22 | of the effective date of this amendatory Act of the | ||||||
23 | 100th General Assembly; and | ||||||
24 | (24) the portion of a municipal solid waste landfill | ||||||
25 | unit: | ||||||
26 | (A) that is located in a county having a |
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1 | population of not less than 55,000 and not more than | ||||||
2 | 60,000 according to the 2010 federal census; | ||||||
3 | (B) that is owned by that county; | ||||||
4 | (C) that is permitted, by the Agency, prior to | ||||||
5 | July 10, 2015 (the effective date of Public Act | ||||||
6 | 99-12); and | ||||||
7 | (D) for which a permit application is submitted to | ||||||
8 | the Agency within 6 months after July 10, 2015 (the | ||||||
9 | effective date of Public Act 99-12) for the disposal | ||||||
10 | of non-hazardous special waste ; and . | ||||||
11 | (25) the portion of a site or facility used during a | ||||||
12 | mass animal mortality event, as defined in the Animal | ||||||
13 | Mortality Act, where such waste is collected, stored, | ||||||
14 | processed, disposed, or incinerated under a mass animal | ||||||
15 | mortality event plan issued by the Department of | ||||||
16 | Agriculture. | ||||||
17 | (b) A new pollution control facility is:
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18 | (1) a pollution control facility initially permitted | ||||||
19 | for development or
construction after July 1, 1981; or
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20 | (2) the area of expansion beyond the boundary of a | ||||||
21 | currently permitted
pollution control facility; or
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22 | (3) a permitted pollution control facility requesting | ||||||
23 | approval to
store, dispose of, transfer or incinerate, for | ||||||
24 | the first time, any special
or hazardous waste.
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25 | (Source: P.A. 99-12, eff. 7-10-15; 99-440, eff. 8-21-15; | ||||||
26 | 99-642, eff. 7-28-16; 100-94, eff. 8-11-17.)
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1 | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
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2 | Sec. 21. Prohibited acts. No person shall:
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3 | (a) Cause or allow the open dumping of any waste.
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4 | (b) Abandon, dump, or deposit any waste upon the public | ||||||
5 | highways or
other public property, except in a sanitary | ||||||
6 | landfill approved by the
Agency pursuant to regulations | ||||||
7 | adopted by the Board.
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8 | (c) Abandon any vehicle in violation of the "Abandoned | ||||||
9 | Vehicles
Amendment to the Illinois Vehicle Code", as enacted | ||||||
10 | by the 76th General
Assembly.
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11 | (d) Conduct any waste-storage, waste-treatment, or | ||||||
12 | waste-disposal
operation:
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13 | (1) without a permit granted by the Agency or in | ||||||
14 | violation of any
conditions imposed by such permit, | ||||||
15 | including periodic reports and full
access to adequate | ||||||
16 | records and the inspection of facilities, as may be
| ||||||
17 | necessary to assure compliance with this Act and with | ||||||
18 | regulations and
standards adopted thereunder; provided, | ||||||
19 | however, that, except for municipal
solid waste landfill | ||||||
20 | units that receive waste on or after October 9, 1993, and | ||||||
21 | CCR surface impoundments,
no permit shall be
required for | ||||||
22 | (i) any person conducting a waste-storage, | ||||||
23 | waste-treatment, or
waste-disposal operation for wastes | ||||||
24 | generated by such person's own
activities which are | ||||||
25 | stored, treated, or disposed within the site where
such |
| |||||||
| |||||||
1 | wastes are generated, or (ii)
a facility located in a | ||||||
2 | county with a
population over 700,000 as of January 1, | ||||||
3 | 2000, operated and located in accordance with
Section | ||||||
4 | 22.38 of this Act, and used exclusively for the transfer, | ||||||
5 | storage, or
treatment of general construction or | ||||||
6 | demolition debris, provided that the facility was | ||||||
7 | receiving construction or demolition debris on August 24, | ||||||
8 | 2009 ( the effective date of Public Act 96-611), or (iii) | ||||||
9 | any person conducting a waste transfer, storage, | ||||||
10 | treatment, or disposal operation, including, but not | ||||||
11 | limited to, a waste transfer or waste composting | ||||||
12 | operation, under a mass animal mortality event plan | ||||||
13 | created by the Department of Agriculture this amendatory | ||||||
14 | Act of the 96th General Assembly ;
| ||||||
15 | (2) in violation of any regulations or standards | ||||||
16 | adopted by the
Board under this Act; or
| ||||||
17 | (3) which receives waste after August 31, 1988, does | ||||||
18 | not have a permit
issued by the Agency, and is (i) a | ||||||
19 | landfill used exclusively for the
disposal of waste | ||||||
20 | generated at the site, (ii) a surface impoundment
| ||||||
21 | receiving special waste not listed in an NPDES permit, | ||||||
22 | (iii) a waste pile
in which the total volume of waste is | ||||||
23 | greater than 100 cubic yards or the
waste is stored for | ||||||
24 | over one year, or (iv) a land treatment facility
receiving | ||||||
25 | special waste generated at the site; without giving notice | ||||||
26 | of the
operation to the Agency by January 1, 1989, or 30 |
| |||||||
| |||||||
1 | days after the date on
which the operation commences, | ||||||
2 | whichever is later, and every 3 years
thereafter. The form | ||||||
3 | for such notification shall be specified by the
Agency, | ||||||
4 | and shall be limited to information regarding: the name | ||||||
5 | and address
of the location of the operation; the type of | ||||||
6 | operation; the types and
amounts of waste stored, treated | ||||||
7 | or disposed of on an annual basis; the
remaining capacity | ||||||
8 | of the operation; and the remaining expected life of
the | ||||||
9 | operation.
| ||||||
10 | Item (3) of this subsection (d) shall not apply to any | ||||||
11 | person
engaged in agricultural activity who is disposing of a | ||||||
12 | substance that
constitutes solid waste, if the substance was | ||||||
13 | acquired for use by that
person on his own property, and the | ||||||
14 | substance is disposed of on his own
property in accordance | ||||||
15 | with regulations or standards adopted by the Board.
| ||||||
16 | This subsection (d) shall not apply to hazardous waste.
| ||||||
17 | (e) Dispose, treat, store or abandon any waste, or | ||||||
18 | transport any waste
into this State for disposal, treatment, | ||||||
19 | storage or abandonment, except at
a site or facility which | ||||||
20 | meets the requirements of this Act and of
regulations and | ||||||
21 | standards thereunder.
| ||||||
22 | (f) Conduct any hazardous waste-storage, hazardous | ||||||
23 | waste-treatment or
hazardous waste-disposal operation:
| ||||||
24 | (1) without a RCRA permit for the site issued by the | ||||||
25 | Agency under
subsection (d) of Section 39 of this Act, or | ||||||
26 | in violation of any condition
imposed by such permit, |
| |||||||
| |||||||
1 | including periodic reports and full access to
adequate | ||||||
2 | records and the inspection of facilities, as may be | ||||||
3 | necessary to
assure compliance with this Act and with | ||||||
4 | regulations and standards adopted
thereunder; or
| ||||||
5 | (2) in violation of any regulations or standards | ||||||
6 | adopted by the Board
under this Act; or
| ||||||
7 | (3) in violation of any RCRA permit filing requirement | ||||||
8 | established under
standards adopted by the Board under | ||||||
9 | this Act; or
| ||||||
10 | (4) in violation of any order adopted by the Board | ||||||
11 | under this Act.
| ||||||
12 | Notwithstanding the above, no RCRA permit shall be | ||||||
13 | required under this
subsection or subsection (d) of Section 39 | ||||||
14 | of this Act for any
person engaged in agricultural activity | ||||||
15 | who is disposing of a substance
which has been identified as a | ||||||
16 | hazardous waste, and which has been
designated by Board | ||||||
17 | regulations as being subject to this exception, if the
| ||||||
18 | substance was acquired for use by that person on his own | ||||||
19 | property and the
substance is disposed of on his own property | ||||||
20 | in accordance with regulations
or standards adopted by the | ||||||
21 | Board.
| ||||||
22 | (g) Conduct any hazardous waste-transportation operation:
| ||||||
23 | (1) without registering with and obtaining a special | ||||||
24 | waste hauling permit from the Agency in
accordance with | ||||||
25 | the regulations adopted by the Board under this Act; or
| ||||||
26 | (2) in violation of any regulations or standards |
| |||||||
| |||||||
1 | adopted by
the
Board under this Act.
| ||||||
2 | (h) Conduct any hazardous waste-recycling or hazardous | ||||||
3 | waste-reclamation
or hazardous waste-reuse operation in | ||||||
4 | violation of any regulations, standards
or permit requirements | ||||||
5 | adopted by the Board under this Act.
| ||||||
6 | (i) Conduct any process or engage in any act which | ||||||
7 | produces hazardous
waste in violation of any regulations or | ||||||
8 | standards adopted by the Board
under subsections (a) and (c) | ||||||
9 | of Section 22.4 of this Act.
| ||||||
10 | (j) Conduct any special waste-transportation waste | ||||||
11 | transportation operation in violation
of any regulations, | ||||||
12 | standards or permit requirements adopted by the Board
under | ||||||
13 | this Act. However, sludge from a water or sewage treatment | ||||||
14 | plant
owned and operated by a unit of local government which | ||||||
15 | (1) is subject to a
sludge management plan approved by the | ||||||
16 | Agency or a permit granted by the
Agency, and (2) has been | ||||||
17 | tested and determined not to be a hazardous waste
as required | ||||||
18 | by applicable State and federal laws and regulations, may be
| ||||||
19 | transported in this State without a special waste hauling | ||||||
20 | permit, and the
preparation and carrying of a manifest shall | ||||||
21 | not be required for such
sludge under the rules of the | ||||||
22 | Pollution Control Board. The unit of local
government which | ||||||
23 | operates the treatment plant producing such sludge shall
file | ||||||
24 | an annual report with the Agency identifying the volume of | ||||||
25 | such
sludge transported during the reporting period, the | ||||||
26 | hauler of the sludge,
and the disposal sites to which it was |
| |||||||
| |||||||
1 | transported. This subsection (j)
shall not apply to hazardous | ||||||
2 | waste.
| ||||||
3 | (k) Fail or refuse to pay any fee imposed under this Act.
| ||||||
4 | (l) Locate a hazardous waste disposal site above an active | ||||||
5 | or
inactive shaft or tunneled mine or within 2 miles of an | ||||||
6 | active fault in
the earth's crust. In counties of population | ||||||
7 | less than 225,000 no
hazardous waste disposal site shall be | ||||||
8 | located (1) within 1 1/2 miles of
the corporate limits as | ||||||
9 | defined on June 30, 1978, of any municipality
without the | ||||||
10 | approval of the governing body of the municipality in an
| ||||||
11 | official action; or (2) within 1000 feet of an existing | ||||||
12 | private well or
the existing source of a public water supply | ||||||
13 | measured from the boundary
of the actual active permitted site | ||||||
14 | and excluding existing private wells
on the property of the | ||||||
15 | permit applicant. The provisions of this
subsection do not | ||||||
16 | apply to publicly owned publicly-owned sewage works or the | ||||||
17 | disposal
or utilization of sludge from publicly owned | ||||||
18 | publicly-owned sewage works.
| ||||||
19 | (m) Transfer interest in any land which has been used as a
| ||||||
20 | hazardous waste disposal site without written notification to | ||||||
21 | the Agency
of the transfer and to the transferee of the | ||||||
22 | conditions imposed by the Agency
upon its use under subsection | ||||||
23 | (g) of Section 39.
| ||||||
24 | (n) Use any land which has been used as a hazardous waste
| ||||||
25 | disposal site except in compliance with conditions imposed by | ||||||
26 | the Agency
under subsection (g) of Section 39.
|
| |||||||
| |||||||
1 | (o) Conduct a sanitary landfill operation which is | ||||||
2 | required to have a
permit under subsection (d) of this | ||||||
3 | Section, in a manner which results in
any of the following | ||||||
4 | conditions:
| ||||||
5 | (1) refuse in standing or flowing waters;
| ||||||
6 | (2) leachate flows entering waters of the State;
| ||||||
7 | (3) leachate flows exiting the landfill confines (as | ||||||
8 | determined by the
boundaries established for the landfill | ||||||
9 | by a permit issued by the Agency);
| ||||||
10 | (4) open burning of refuse in violation of Section 9 | ||||||
11 | of this Act;
| ||||||
12 | (5) uncovered refuse remaining from any previous | ||||||
13 | operating day or at the
conclusion of any operating day, | ||||||
14 | unless authorized by permit;
| ||||||
15 | (6) failure to provide final cover within time limits | ||||||
16 | established by
Board regulations;
| ||||||
17 | (7) acceptance of wastes without necessary permits;
| ||||||
18 | (8) scavenging as defined by Board regulations;
| ||||||
19 | (9) deposition of refuse in any unpermitted portion of | ||||||
20 | the landfill;
| ||||||
21 | (10) acceptance of a special waste without a required | ||||||
22 | manifest;
| ||||||
23 | (11) failure to submit reports required by permits or | ||||||
24 | Board regulations;
| ||||||
25 | (12) failure to collect and contain litter from the | ||||||
26 | site by the end of
each operating day;
|
| |||||||
| |||||||
1 | (13) failure to submit any cost estimate for the site | ||||||
2 | or any performance
bond or other security for the site as | ||||||
3 | required by this Act or Board rules.
| ||||||
4 | The prohibitions specified in this subsection (o) shall be | ||||||
5 | enforceable by
the Agency either by administrative citation | ||||||
6 | under Section 31.1 of this Act
or as otherwise provided by this | ||||||
7 | Act. The specific prohibitions in this
subsection do not limit | ||||||
8 | the power of the Board to establish regulations
or standards | ||||||
9 | applicable to sanitary landfills.
| ||||||
10 | (p) In violation of subdivision (a) of this Section, cause | ||||||
11 | or allow the
open dumping of any waste in a manner which | ||||||
12 | results in any of the following
occurrences at the dump site:
| ||||||
13 | (1) litter;
| ||||||
14 | (2) scavenging;
| ||||||
15 | (3) open burning;
| ||||||
16 | (4) deposition of waste in standing or flowing waters;
| ||||||
17 | (5) proliferation of disease vectors;
| ||||||
18 | (6) standing or flowing liquid discharge from the dump | ||||||
19 | site;
| ||||||
20 | (7) deposition of:
| ||||||
21 | (i) general construction or demolition debris as | ||||||
22 | defined in Section
3.160(a) of this Act; or
| ||||||
23 | (ii) clean construction or demolition debris as | ||||||
24 | defined in Section
3.160(b) of this Act.
| ||||||
25 | The prohibitions specified in this subsection (p) shall be
| ||||||
26 | enforceable by the Agency either by administrative citation |
| |||||||
| |||||||
1 | under Section
31.1 of this Act or as otherwise provided by this | ||||||
2 | Act. The specific
prohibitions in this subsection do not limit | ||||||
3 | the power of the Board to
establish regulations or standards | ||||||
4 | applicable to open dumping.
| ||||||
5 | (q) Conduct a landscape waste composting operation without | ||||||
6 | an Agency
permit, provided, however, that no permit shall be | ||||||
7 | required for any person:
| ||||||
8 | (1) conducting a landscape waste composting operation | ||||||
9 | for landscape
wastes generated by such person's own | ||||||
10 | activities which are stored, treated,
or disposed of | ||||||
11 | within the site where such wastes are generated; or
| ||||||
12 | (1.5) conducting a landscape waste composting | ||||||
13 | operation that (i) has no more than 25 cubic yards of | ||||||
14 | landscape waste, composting additives, composting | ||||||
15 | material, or end-product compost on-site at any one time | ||||||
16 | and (ii) is not engaging in commercial activity; or | ||||||
17 | (2) applying landscape waste or composted landscape | ||||||
18 | waste at agronomic
rates; or
| ||||||
19 | (2.5) operating a landscape waste composting facility | ||||||
20 | at a site having 10 or more occupied non-farm residences | ||||||
21 | within 1/2 mile of its boundaries, if the facility meets | ||||||
22 | all of the following criteria: | ||||||
23 | (A) the composting facility is operated by the | ||||||
24 | farmer on property on which the composting material is | ||||||
25 | utilized, and the composting facility
constitutes no | ||||||
26 | more than 2% of the site's total acreage; |
| |||||||
| |||||||
1 | (A-5) any composting additives that the composting | ||||||
2 | facility accepts and uses at the facility are | ||||||
3 | necessary to provide proper conditions for composting | ||||||
4 | and do not exceed 10% of the total composting material | ||||||
5 | at the facility at any one time; | ||||||
6 | (B) the property on which the composting facility | ||||||
7 | is located, and any associated property on which the | ||||||
8 | compost is used, is principally and diligently devoted | ||||||
9 | to the production of agricultural crops and is not | ||||||
10 | owned, leased, or otherwise controlled by any waste | ||||||
11 | hauler or generator of nonagricultural compost | ||||||
12 | materials, and the operator of the composting facility | ||||||
13 | is not an employee, partner, shareholder, or in any | ||||||
14 | way connected with or controlled by any such waste | ||||||
15 | hauler or generator; | ||||||
16 | (C) all compost generated by the composting | ||||||
17 | facility is applied at agronomic rates and used as | ||||||
18 | mulch, fertilizer, or soil conditioner on land | ||||||
19 | actually farmed by the person operating the composting | ||||||
20 | facility, and the finished compost is not stored at | ||||||
21 | the composting site for a period longer than 18 months | ||||||
22 | prior to its application as mulch, fertilizer, or soil | ||||||
23 | conditioner; | ||||||
24 | (D) no fee is charged for the acceptance of | ||||||
25 | materials to be composted at the facility; and | ||||||
26 | (E) the owner or operator, by January 1, 2014 (or |
| |||||||
| |||||||
1 | the January 1
following commencement of operation, | ||||||
2 | whichever is later) and January 1 of
each year | ||||||
3 | thereafter, registers the site with the Agency, (ii) | ||||||
4 | reports to the Agency on the volume of composting | ||||||
5 | material received and used at the site; (iii) | ||||||
6 | certifies to the Agency that the site complies with | ||||||
7 | the
requirements set forth in subparagraphs (A), | ||||||
8 | (A-5), (B), (C), and (D) of this paragraph
(2.5); and | ||||||
9 | (iv) certifies to the Agency that all composting | ||||||
10 | material was placed more than 200 feet from the | ||||||
11 | nearest potable water supply well, was placed outside | ||||||
12 | the boundary of the 10-year floodplain or on a part of | ||||||
13 | the site that is floodproofed, was placed at least 1/4 | ||||||
14 | mile from the nearest residence (other than a | ||||||
15 | residence located on the same property as the | ||||||
16 | facility) or a lesser distance from the nearest | ||||||
17 | residence (other than a residence located on the same | ||||||
18 | property as the facility) if the municipality in which | ||||||
19 | the facility is located has by ordinance approved a | ||||||
20 | lesser distance than 1/4 mile, and was placed more | ||||||
21 | than 5 feet above the water table; any ordinance | ||||||
22 | approving a residential setback of less than 1/4 mile | ||||||
23 | that is used to meet the requirements of this | ||||||
24 | subparagraph (E) of paragraph (2.5) of this subsection | ||||||
25 | must specifically reference this paragraph; or | ||||||
26 | (3) operating a landscape waste composting facility on |
| |||||||
| |||||||
1 | a farm, if the
facility meets all of the following | ||||||
2 | criteria:
| ||||||
3 | (A) the composting facility is operated by the | ||||||
4 | farmer on property on
which the composting material is | ||||||
5 | utilized, and the composting facility
constitutes no | ||||||
6 | more than 2% of the property's total acreage, except | ||||||
7 | that
the Board may allow a higher percentage for | ||||||
8 | individual sites where the owner
or operator has | ||||||
9 | demonstrated to the Board that the site's soil
| ||||||
10 | characteristics or crop needs require a higher rate;
| ||||||
11 | (A-1) the composting facility accepts from other | ||||||
12 | agricultural operations for composting with landscape | ||||||
13 | waste no materials other than uncontaminated and | ||||||
14 | source-separated (i) crop residue and other | ||||||
15 | agricultural plant residue generated from the | ||||||
16 | production and harvesting of crops and other customary | ||||||
17 | farm practices, including, but not limited to, stalks, | ||||||
18 | leaves, seed pods, husks, bagasse, and roots and (ii) | ||||||
19 | plant-derived animal bedding, such as straw or | ||||||
20 | sawdust, that is free of manure and was not made from | ||||||
21 | painted or treated wood; | ||||||
22 | (A-2) any composting additives that the composting | ||||||
23 | facility accepts and uses at the facility are | ||||||
24 | necessary to provide proper conditions for composting | ||||||
25 | and do not exceed 10% of the total composting material | ||||||
26 | at the facility at any one time; |
| |||||||
| |||||||
1 | (B) the property on which the composting facility | ||||||
2 | is located, and any
associated property on which the | ||||||
3 | compost is used, is principally and
diligently devoted | ||||||
4 | to the production of agricultural crops and
is not | ||||||
5 | owned, leased or otherwise controlled by any waste | ||||||
6 | hauler
or generator of nonagricultural compost | ||||||
7 | materials, and the operator of the
composting facility | ||||||
8 | is not an employee, partner, shareholder, or in any | ||||||
9 | way
connected with or controlled by any such waste | ||||||
10 | hauler or generator;
| ||||||
11 | (C) all compost generated by the composting | ||||||
12 | facility is applied at
agronomic rates and used as | ||||||
13 | mulch, fertilizer or soil conditioner on land
actually | ||||||
14 | farmed by the person operating the composting | ||||||
15 | facility, and the
finished compost is not stored at | ||||||
16 | the composting site for a period longer
than 18 months | ||||||
17 | prior to its application as mulch, fertilizer, or soil | ||||||
18 | conditioner;
| ||||||
19 | (D) the owner or operator, by January 1 of
each | ||||||
20 | year, (i) registers the site with the Agency, (ii) | ||||||
21 | reports
to the Agency on the volume of composting | ||||||
22 | material received and used at the
site, (iii) | ||||||
23 | certifies to the Agency that the site complies with | ||||||
24 | the
requirements set forth in subparagraphs (A), | ||||||
25 | (A-1), (A-2), (B), and (C) of this paragraph
(q)(3), | ||||||
26 | and (iv) certifies to the Agency that all composting |
| |||||||
| |||||||
1 | material: | ||||||
2 | (I) was
placed more than 200 feet from the | ||||||
3 | nearest potable water supply well; | ||||||
4 | (II) was
placed outside the boundary of the | ||||||
5 | 10-year floodplain or on a part of the
site that is | ||||||
6 | floodproofed; | ||||||
7 | (III) was placed either (aa) at least 1/4 mile | ||||||
8 | from the nearest
residence (other than a residence | ||||||
9 | located on the same property as the
facility) and | ||||||
10 | there are not more than 10 occupied non-farm | ||||||
11 | residences
within 1/2 mile of the boundaries of | ||||||
12 | the site on the date of application or (bb) a | ||||||
13 | lesser distance from the nearest residence (other | ||||||
14 | than a residence located on the same property as | ||||||
15 | the facility) provided that the municipality or | ||||||
16 | county in which the facility is located has by | ||||||
17 | ordinance approved a lesser distance than 1/4 mile | ||||||
18 | and there are not more than 10 occupied non-farm | ||||||
19 | residences
within 1/2 mile of the boundaries of | ||||||
20 | the site on the date of application;
and | ||||||
21 | (IV) was placed more than 5 feet above the | ||||||
22 | water table. | ||||||
23 | Any ordinance approving a residential setback of | ||||||
24 | less than 1/4 mile that is used to meet the | ||||||
25 | requirements of this subparagraph (D) must | ||||||
26 | specifically reference this subparagraph.
|
| |||||||
| |||||||
1 | For the purposes of this subsection (q), "agronomic rates" | ||||||
2 | means the
application of not more than 20 tons per acre per | ||||||
3 | year, except that the
Board may allow a higher rate for | ||||||
4 | individual sites where the owner or
operator has demonstrated | ||||||
5 | to the Board that the site's soil
characteristics or crop | ||||||
6 | needs require a higher rate.
| ||||||
7 | (r) Cause or allow the storage or disposal of coal | ||||||
8 | combustion
waste unless:
| ||||||
9 | (1) such waste is stored or disposed of at a site or
| ||||||
10 | facility for which
a permit has been obtained or is not | ||||||
11 | otherwise required under subsection
(d) of this Section; | ||||||
12 | or
| ||||||
13 | (2) such waste is stored or disposed of as a part of
| ||||||
14 | the design and
reclamation of a site or facility which is | ||||||
15 | an abandoned mine site in
accordance with the Abandoned | ||||||
16 | Mined Lands and Water Reclamation Act; or
| ||||||
17 | (3) such waste is stored or disposed of at a site or
| ||||||
18 | facility which is
operating under NPDES and Subtitle D | ||||||
19 | permits issued by the Agency pursuant
to regulations | ||||||
20 | adopted by the Board for mine-related water pollution and
| ||||||
21 | permits issued pursuant to the federal Federal Surface | ||||||
22 | Mining Control and
Reclamation Act of 1977 (P.L. 95-87) or | ||||||
23 | the rules and regulations
thereunder or any law or rule or | ||||||
24 | regulation adopted by the State of
Illinois pursuant | ||||||
25 | thereto, and the owner or operator of the facility agrees
| ||||||
26 | to accept the waste; and either :
|
| |||||||
| |||||||
1 | (i) such waste is stored or disposed of in | ||||||
2 | accordance
with requirements
applicable to refuse | ||||||
3 | disposal under regulations adopted by the Board for
| ||||||
4 | mine-related water pollution and pursuant to NPDES and | ||||||
5 | Subtitle D permits
issued by the Agency under such | ||||||
6 | regulations; or
| ||||||
7 | (ii) the owner or operator of the facility | ||||||
8 | demonstrates all of the
following to the Agency, and | ||||||
9 | the facility is operated in accordance with
the | ||||||
10 | demonstration as approved by the Agency: (1) the | ||||||
11 | disposal area will be
covered in a manner that will | ||||||
12 | support continuous vegetation, (2) the
facility will | ||||||
13 | be adequately protected from wind and water erosion, | ||||||
14 | (3) the
pH will be maintained so as to prevent | ||||||
15 | excessive leaching of metal ions,
and (4) adequate | ||||||
16 | containment or other measures will be provided to | ||||||
17 | protect
surface water and groundwater from | ||||||
18 | contamination at levels prohibited by
this Act, the | ||||||
19 | Illinois Groundwater Protection Act, or regulations | ||||||
20 | adopted
pursuant thereto.
| ||||||
21 | Notwithstanding any other provision of this Title, the | ||||||
22 | disposal of coal
combustion waste pursuant to item (2) or (3) | ||||||
23 | of this
subdivision (r) shall
be exempt from the other | ||||||
24 | provisions of this Title V, and notwithstanding
the provisions | ||||||
25 | of Title X of this Act, the Agency is authorized to grant
| ||||||
26 | experimental permits which include provision for the disposal |
| |||||||
| |||||||
1 | of
wastes from the combustion of coal and other materials | ||||||
2 | pursuant to items
(2) and (3) of this subdivision (r).
| ||||||
3 | (s) After April 1, 1989, offer for transportation, | ||||||
4 | transport, deliver,
receive or accept special waste for which | ||||||
5 | a manifest is required, unless
the manifest indicates that the | ||||||
6 | fee required under Section 22.8 of this
Act has been paid.
| ||||||
7 | (t) Cause or allow a lateral expansion of a municipal | ||||||
8 | solid waste landfill
unit on or after October 9, 1993, without | ||||||
9 | a permit modification, granted by the
Agency, that authorizes | ||||||
10 | the lateral expansion.
| ||||||
11 | (u) Conduct any vegetable by-product treatment, storage, | ||||||
12 | disposal or
transportation operation in violation of any | ||||||
13 | regulation, standards or permit
requirements adopted by the | ||||||
14 | Board under this Act. However, no permit shall be
required | ||||||
15 | under this Title V for the land application of vegetable | ||||||
16 | by-products
conducted pursuant to Agency permit issued under | ||||||
17 | Title III of this Act to
the generator of the vegetable | ||||||
18 | by-products. In addition, vegetable by-products
may be | ||||||
19 | transported in this State without a special waste hauling | ||||||
20 | permit, and
without the preparation and carrying of a | ||||||
21 | manifest.
| ||||||
22 | (v) (Blank).
| ||||||
23 | (w) Conduct any generation, transportation, or recycling | ||||||
24 | of construction or
demolition debris, clean or general, or | ||||||
25 | uncontaminated soil generated during
construction, remodeling, | ||||||
26 | repair, and demolition of utilities, structures, and
roads |
| |||||||
| |||||||
1 | that is not commingled with any waste, without the maintenance | ||||||
2 | of
documentation identifying the hauler, generator, place of | ||||||
3 | origin of the debris
or soil, the weight or volume of the | ||||||
4 | debris or soil, and the location, owner,
and operator of the | ||||||
5 | facility where the debris or soil was transferred,
disposed, | ||||||
6 | recycled, or treated. This documentation must be maintained by | ||||||
7 | the
generator, transporter, or recycler for 3 years.
This | ||||||
8 | subsection (w) shall not apply to (1) a permitted pollution | ||||||
9 | control
facility that transfers or accepts construction or | ||||||
10 | demolition debris,
clean or general, or uncontaminated soil | ||||||
11 | for final disposal, recycling, or
treatment, (2) a public | ||||||
12 | utility (as that term is defined in the Public
Utilities Act) | ||||||
13 | or a municipal utility, (3) the Illinois Department of
| ||||||
14 | Transportation, or (4) a municipality or a county highway | ||||||
15 | department, with
the exception of any municipality or county | ||||||
16 | highway department located within a
county having a population | ||||||
17 | of over 3,000,000 inhabitants or located in a county
that
is | ||||||
18 | contiguous to a county having a population of over 3,000,000 | ||||||
19 | inhabitants;
but it shall apply to an entity that contracts | ||||||
20 | with a public utility, a
municipal utility, the Illinois | ||||||
21 | Department of Transportation, or a
municipality or a county | ||||||
22 | highway department.
The terms
"generation" and "recycling" , as
| ||||||
23 | used in this subsection , do not
apply to clean construction or | ||||||
24 | demolition debris
when (i) used as fill material below grade | ||||||
25 | outside of a setback zone
if covered by sufficient | ||||||
26 | uncontaminated soil to support vegetation within 30
days of |
| |||||||
| |||||||
1 | the completion of filling or if covered by a road or structure, | ||||||
2 | (ii)
solely broken concrete without
protruding metal bars is | ||||||
3 | used for erosion control, or (iii) milled
asphalt or crushed | ||||||
4 | concrete is used as aggregate in construction of the
shoulder | ||||||
5 | of a roadway. The terms "generation" and "recycling", as used | ||||||
6 | in this
subsection, do not apply to uncontaminated soil
that | ||||||
7 | is not commingled with any waste when (i) used as fill material | ||||||
8 | below
grade or contoured to grade, or (ii) used at the site of | ||||||
9 | generation.
| ||||||
10 | (Source: P.A. 100-103, eff. 8-11-17; 101-171, eff. 7-30-19; | ||||||
11 | revised 9-12-19.)
| ||||||
12 | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
| ||||||
13 | Sec. 39. Issuance of permits; procedures.
| ||||||
14 | (a) When the Board has by regulation required a permit for
| ||||||
15 | the construction, installation, or operation of any type of | ||||||
16 | facility,
equipment, vehicle, vessel, or aircraft, the | ||||||
17 | applicant shall apply to
the Agency for such permit and it | ||||||
18 | shall be the duty of the Agency to
issue such a permit upon | ||||||
19 | proof by the applicant that the facility,
equipment, vehicle, | ||||||
20 | vessel, or aircraft will not cause a violation of
this Act or | ||||||
21 | of regulations hereunder. The Agency shall adopt such
| ||||||
22 | procedures as are necessary to carry out its duties under this | ||||||
23 | Section.
In making its determinations on permit applications | ||||||
24 | under this Section the Agency may consider prior adjudications | ||||||
25 | of
noncompliance with this Act by the applicant that involved |
| |||||||
| |||||||
1 | a release of a
contaminant into the environment. In granting | ||||||
2 | permits, the Agency
may impose reasonable conditions | ||||||
3 | specifically related to the applicant's past
compliance | ||||||
4 | history with this Act as necessary to correct, detect, or
| ||||||
5 | prevent noncompliance. The Agency may impose such other | ||||||
6 | conditions
as may be necessary to accomplish the purposes of | ||||||
7 | this Act, and as are not
inconsistent with the regulations | ||||||
8 | promulgated by the Board hereunder. Except as
otherwise | ||||||
9 | provided in this Act, a bond or other security shall not be | ||||||
10 | required
as a condition for the issuance of a permit. If the | ||||||
11 | Agency denies any permit
under this Section, the Agency shall | ||||||
12 | transmit to the applicant within the time
limitations of this | ||||||
13 | Section specific, detailed statements as to the reasons the
| ||||||
14 | permit application was denied. Such statements shall include, | ||||||
15 | but not be
limited to the following:
| ||||||
16 | (i) the Sections of this Act which may be violated if | ||||||
17 | the permit
were granted;
| ||||||
18 | (ii) the provision of the regulations, promulgated | ||||||
19 | under this Act,
which may be violated if the permit were | ||||||
20 | granted;
| ||||||
21 | (iii) the specific type of information, if any, which | ||||||
22 | the Agency
deems the applicant did not provide the Agency; | ||||||
23 | and
| ||||||
24 | (iv) a statement of specific reasons why the Act and | ||||||
25 | the regulations
might not be met if the permit were | ||||||
26 | granted.
|
| |||||||
| |||||||
1 | If there is no final action by the Agency within 90 days | ||||||
2 | after the
filing of the application for permit, the applicant | ||||||
3 | may deem the permit
issued; except that this time period shall | ||||||
4 | be extended to 180 days when
(1) notice and opportunity for | ||||||
5 | public hearing are required by State or
federal law or | ||||||
6 | regulation, (2) the application which was filed is for
any | ||||||
7 | permit to develop a landfill subject to issuance pursuant to | ||||||
8 | this
subsection, or (3) the application that was filed is for a | ||||||
9 | MSWLF unit
required to issue public notice under subsection | ||||||
10 | (p) of Section 39. The
90-day and 180-day time periods for the | ||||||
11 | Agency to take final action do not
apply to NPDES permit | ||||||
12 | applications under subsection (b) of this Section,
to RCRA | ||||||
13 | permit applications under subsection (d) of this Section,
to | ||||||
14 | UIC permit applications under subsection (e) of this Section, | ||||||
15 | or to CCR surface impoundment applications under subsection | ||||||
16 | (y) of this Section.
| ||||||
17 | The Agency shall publish notice of all final permit | ||||||
18 | determinations for
development permits for MSWLF units and for | ||||||
19 | significant permit modifications
for lateral expansions for | ||||||
20 | existing MSWLF units one time in a newspaper of
general | ||||||
21 | circulation in the county in which the unit is or is proposed | ||||||
22 | to be
located.
| ||||||
23 | After January 1, 1994 and until July 1, 1998, operating | ||||||
24 | permits issued under
this Section by the
Agency for sources of | ||||||
25 | air pollution permitted to emit less than 25 tons
per year of | ||||||
26 | any combination of regulated air pollutants, as defined in
|
| |||||||
| |||||||
1 | Section 39.5 of this Act, shall be required to be renewed only | ||||||
2 | upon written
request by the Agency consistent with applicable | ||||||
3 | provisions of this Act and
regulations promulgated hereunder. | ||||||
4 | Such operating permits shall expire
180 days after the date of | ||||||
5 | such a request. The Board shall revise its
regulations for the | ||||||
6 | existing State air pollution operating permit program
| ||||||
7 | consistent with this provision by January 1, 1994.
| ||||||
8 | After June 30, 1998, operating permits issued under this | ||||||
9 | Section by the
Agency for sources of air pollution that are not | ||||||
10 | subject to Section 39.5 of
this Act and are not required to | ||||||
11 | have a federally enforceable State operating
permit shall be | ||||||
12 | required to be renewed only upon written request by the Agency
| ||||||
13 | consistent with applicable provisions of this Act and its | ||||||
14 | rules. Such
operating permits shall expire 180 days after the | ||||||
15 | date of such a request.
Before July 1, 1998, the Board shall | ||||||
16 | revise its rules for the existing State
air pollution | ||||||
17 | operating permit program consistent with this paragraph and | ||||||
18 | shall
adopt rules that require a source to demonstrate that it | ||||||
19 | qualifies for a permit
under this paragraph.
| ||||||
20 | (b) The Agency may issue NPDES permits exclusively under | ||||||
21 | this
subsection for the discharge of contaminants from point | ||||||
22 | sources into
navigable waters, all as defined in the Federal | ||||||
23 | Water Pollution Control
Act, as now or hereafter amended, | ||||||
24 | within the jurisdiction of the
State, or into any well.
| ||||||
25 | All NPDES permits shall contain those terms and | ||||||
26 | conditions, including ,
but not limited to , schedules of |
| |||||||
| |||||||
1 | compliance, which may be required to
accomplish the purposes | ||||||
2 | and provisions of this Act.
| ||||||
3 | The Agency may issue general NPDES permits for discharges | ||||||
4 | from categories
of point sources which are subject to the same | ||||||
5 | permit limitations and
conditions. Such general permits may be | ||||||
6 | issued without individual
applications and shall conform to | ||||||
7 | regulations promulgated under Section 402
of the Federal Water | ||||||
8 | Pollution Control Act, as now or hereafter amended.
| ||||||
9 | The Agency may include, among such conditions, effluent | ||||||
10 | limitations
and other requirements established under this Act, | ||||||
11 | Board regulations,
the Federal Water Pollution Control Act, as | ||||||
12 | now or hereafter amended, and
regulations pursuant thereto, | ||||||
13 | and schedules for achieving compliance
therewith at the | ||||||
14 | earliest reasonable date.
| ||||||
15 | The Agency shall adopt filing requirements and procedures | ||||||
16 | which are
necessary and appropriate for the issuance of NPDES | ||||||
17 | permits, and which
are consistent with the Act or regulations | ||||||
18 | adopted by the Board, and
with the Federal Water Pollution | ||||||
19 | Control Act, as now or hereafter
amended, and regulations | ||||||
20 | pursuant thereto.
| ||||||
21 | The Agency, subject to any conditions which may be | ||||||
22 | prescribed by
Board regulations, may issue NPDES permits to | ||||||
23 | allow discharges beyond
deadlines established by this Act or | ||||||
24 | by regulations of the Board without
the requirement of a | ||||||
25 | variance, subject to the Federal Water Pollution
Control Act, | ||||||
26 | as now or hereafter amended, and regulations pursuant thereto.
|
| |||||||
| |||||||
1 | (c) Except for those facilities owned or operated by | ||||||
2 | sanitary districts
organized under the Metropolitan Water | ||||||
3 | Reclamation District Act, no
permit for the development or | ||||||
4 | construction of a new pollution control
facility may be | ||||||
5 | granted by the Agency unless the applicant submits proof to | ||||||
6 | the
Agency that the location of the facility has been approved | ||||||
7 | by the county board County Board
of the county if in an | ||||||
8 | unincorporated area, or the governing body of the
municipality | ||||||
9 | when in an incorporated area, in which the facility is to be
| ||||||
10 | located in accordance with Section 39.2 of this Act. For | ||||||
11 | purposes of this subsection (c), and for purposes of Section | ||||||
12 | 39.2 of this Act, the appropriate county board or governing | ||||||
13 | body of the municipality shall be the county board of the | ||||||
14 | county or the governing body of the municipality in which the | ||||||
15 | facility is to be located as of the date when the application | ||||||
16 | for siting approval is filed.
| ||||||
17 | In the event that siting approval granted pursuant to | ||||||
18 | Section 39.2 has
been transferred to a subsequent owner or | ||||||
19 | operator, that subsequent owner or
operator may apply to the | ||||||
20 | Agency for, and the Agency may grant, a development
or | ||||||
21 | construction permit for the facility for which local siting | ||||||
22 | approval was
granted. Upon application to the Agency for a | ||||||
23 | development or
construction permit by that subsequent owner or | ||||||
24 | operator,
the permit applicant shall cause written notice of | ||||||
25 | the permit application
to be served upon the appropriate | ||||||
26 | county board or governing body of the
municipality that |
| |||||||
| |||||||
1 | granted siting approval for that facility and upon any party
| ||||||
2 | to the siting proceeding pursuant to which siting approval was | ||||||
3 | granted. In
that event, the Agency shall conduct an evaluation | ||||||
4 | of the subsequent owner or
operator's prior experience in | ||||||
5 | waste management operations in the manner
conducted under | ||||||
6 | subsection (i) of Section 39 of this Act.
| ||||||
7 | Beginning August 20, 1993, if the pollution control | ||||||
8 | facility consists of a
hazardous or solid waste disposal | ||||||
9 | facility for which the proposed site is
located in an | ||||||
10 | unincorporated area of a county with a population of less than
| ||||||
11 | 100,000 and includes all or a portion of a parcel of land that | ||||||
12 | was, on April 1,
1993, adjacent to a municipality having a | ||||||
13 | population of less than 5,000, then
the local siting review | ||||||
14 | required under this subsection (c) in conjunction with
any | ||||||
15 | permit applied for after that date shall be performed by the | ||||||
16 | governing body
of that adjacent municipality rather than the | ||||||
17 | county board of the county in
which the proposed site is | ||||||
18 | located; and for the purposes of that local siting
review, any | ||||||
19 | references in this Act to the county board shall be deemed to | ||||||
20 | mean
the governing body of that adjacent municipality; | ||||||
21 | provided, however, that the
provisions of this paragraph shall | ||||||
22 | not apply to any proposed site which was, on
April 1, 1993, | ||||||
23 | owned in whole or in part by another municipality.
| ||||||
24 | In the case of a pollution control facility for which a
| ||||||
25 | development permit was issued before November 12, 1981, if an | ||||||
26 | operating
permit has not been issued by the Agency prior to |
| |||||||
| |||||||
1 | August 31, 1989 for
any portion of the facility, then the | ||||||
2 | Agency may not issue or renew any
development permit nor issue | ||||||
3 | an original operating permit for any portion of
such facility | ||||||
4 | unless the applicant has submitted proof to the Agency that | ||||||
5 | the
location of the facility has been approved by the | ||||||
6 | appropriate county board or
municipal governing body pursuant | ||||||
7 | to Section 39.2 of this Act.
| ||||||
8 | After January 1, 1994, if a solid waste
disposal facility, | ||||||
9 | any portion for which an operating permit has been issued by
| ||||||
10 | the Agency, has not accepted waste disposal for 5 or more | ||||||
11 | consecutive calendar calendars
years, before that facility may | ||||||
12 | accept any new or additional waste for
disposal, the owner and | ||||||
13 | operator must obtain a new operating permit under this
Act for | ||||||
14 | that facility unless the owner and operator have applied to | ||||||
15 | the Agency
for a permit authorizing the temporary suspension | ||||||
16 | of waste acceptance. The
Agency may not issue a new operation | ||||||
17 | permit under this Act for the facility
unless the applicant | ||||||
18 | has submitted proof to the Agency that the location of the
| ||||||
19 | facility has been approved or re-approved by the appropriate | ||||||
20 | county board or
municipal governing body under Section 39.2 of | ||||||
21 | this Act after the facility
ceased accepting waste.
| ||||||
22 | Except for those facilities owned or operated by sanitary | ||||||
23 | districts
organized under the Metropolitan Water Reclamation | ||||||
24 | District Act, and
except for new pollution control facilities | ||||||
25 | governed by Section 39.2,
and except for fossil fuel mining | ||||||
26 | facilities, the granting of a permit under
this Act shall not |
| |||||||
| |||||||
1 | relieve the applicant from meeting and securing all
necessary | ||||||
2 | zoning approvals from the unit of government having zoning
| ||||||
3 | jurisdiction over the proposed facility.
| ||||||
4 | Before beginning construction on any new sewage treatment | ||||||
5 | plant or sludge
drying site to be owned or operated by a | ||||||
6 | sanitary district organized under
the Metropolitan Water | ||||||
7 | Reclamation District Act for which a new
permit (rather than | ||||||
8 | the renewal or amendment of an existing permit) is
required, | ||||||
9 | such sanitary district shall hold a public hearing within the
| ||||||
10 | municipality within which the proposed facility is to be | ||||||
11 | located, or within the
nearest community if the proposed | ||||||
12 | facility is to be located within an
unincorporated area, at | ||||||
13 | which information concerning the proposed facility
shall be | ||||||
14 | made available to the public, and members of the public shall | ||||||
15 | be given
the opportunity to express their views concerning the | ||||||
16 | proposed facility.
| ||||||
17 | The Agency may issue a permit for a municipal waste | ||||||
18 | transfer station
without requiring approval pursuant to | ||||||
19 | Section 39.2 provided that the following
demonstration is | ||||||
20 | made:
| ||||||
21 | (1) the municipal waste transfer station was in | ||||||
22 | existence on or before
January 1, 1979 and was in | ||||||
23 | continuous operation from January 1, 1979 to January
1, | ||||||
24 | 1993;
| ||||||
25 | (2) the operator submitted a permit application to the | ||||||
26 | Agency to develop
and operate the municipal waste transfer |
| |||||||
| |||||||
1 | station during April of 1994;
| ||||||
2 | (3) the operator can demonstrate that the county board | ||||||
3 | of the county, if
the municipal waste transfer station is | ||||||
4 | in an unincorporated area, or the
governing body of the | ||||||
5 | municipality, if the station is in an incorporated area,
| ||||||
6 | does not object to resumption of the operation of the | ||||||
7 | station; and
| ||||||
8 | (4) the site has local zoning approval.
| ||||||
9 | (d) The Agency may issue RCRA permits exclusively under | ||||||
10 | this
subsection to persons owning or operating a facility for | ||||||
11 | the treatment,
storage, or disposal of hazardous waste as | ||||||
12 | defined under this Act. Subsection (y) of this Section, rather | ||||||
13 | than this subsection (d), shall apply to permits issued for | ||||||
14 | CCR surface impoundments.
| ||||||
15 | All RCRA permits shall contain those terms and conditions, | ||||||
16 | including , but
not limited to , schedules of compliance, which | ||||||
17 | may be required to accomplish
the purposes and provisions of | ||||||
18 | this Act. The Agency may include among such
conditions | ||||||
19 | standards and other requirements established under this Act,
| ||||||
20 | Board regulations, the Resource Conservation and Recovery Act | ||||||
21 | of 1976 (P.L.
94-580), as amended, and regulations pursuant | ||||||
22 | thereto, and may include
schedules for achieving compliance | ||||||
23 | therewith as soon as possible. The
Agency shall require that a | ||||||
24 | performance bond or other security be provided
as a condition | ||||||
25 | for the issuance of a RCRA permit.
| ||||||
26 | In the case of a permit to operate a hazardous waste or PCB |
| |||||||
| |||||||
1 | incinerator
as defined in subsection (k) of Section 44, the | ||||||
2 | Agency shall require, as a
condition of the permit, that the | ||||||
3 | operator of the facility perform such
analyses of the waste to | ||||||
4 | be incinerated as may be necessary and appropriate
to ensure | ||||||
5 | the safe operation of the incinerator.
| ||||||
6 | The Agency shall adopt filing requirements and procedures | ||||||
7 | which
are necessary and appropriate for the issuance of RCRA | ||||||
8 | permits, and which
are consistent with the Act or regulations | ||||||
9 | adopted by the Board, and with
the Resource Conservation and | ||||||
10 | Recovery Act of 1976 (P.L. 94-580), as
amended, and | ||||||
11 | regulations pursuant thereto.
| ||||||
12 | The applicant shall make available to the public for | ||||||
13 | inspection all
documents submitted by the applicant to the | ||||||
14 | Agency in furtherance
of an application, with the exception of | ||||||
15 | trade secrets, at the office of
the county board or governing | ||||||
16 | body of the municipality. Such documents
may be copied upon | ||||||
17 | payment of the actual cost of reproduction during regular
| ||||||
18 | business hours of the local office. The Agency shall issue a | ||||||
19 | written statement
concurrent with its grant or denial of the | ||||||
20 | permit explaining the basis for its
decision.
| ||||||
21 | (e) The Agency may issue UIC permits exclusively under | ||||||
22 | this
subsection to persons owning or operating a facility for | ||||||
23 | the underground
injection of contaminants as defined under | ||||||
24 | this Act.
| ||||||
25 | All UIC permits shall contain those terms and conditions, | ||||||
26 | including , but
not limited to , schedules of compliance, which |
| |||||||
| |||||||
1 | may be required to accomplish
the purposes and provisions of | ||||||
2 | this Act. The Agency may include among such
conditions | ||||||
3 | standards and other requirements established under this Act,
| ||||||
4 | Board regulations, the Safe Drinking Water Act (P.L. 93-523), | ||||||
5 | as amended,
and regulations pursuant thereto, and may include | ||||||
6 | schedules for achieving
compliance therewith. The Agency shall | ||||||
7 | require that a performance bond or
other security be provided | ||||||
8 | as a condition for the issuance of a UIC permit.
| ||||||
9 | The Agency shall adopt filing requirements and procedures | ||||||
10 | which
are necessary and appropriate for the issuance of UIC | ||||||
11 | permits, and which
are consistent with the Act or regulations | ||||||
12 | adopted by the Board, and with
the Safe Drinking Water Act | ||||||
13 | (P.L. 93-523), as amended, and regulations
pursuant thereto.
| ||||||
14 | The applicant shall make available to the public for | ||||||
15 | inspection, all
documents submitted by the applicant to the | ||||||
16 | Agency in furtherance of an
application, with the exception of | ||||||
17 | trade secrets, at the office of the county
board or governing | ||||||
18 | body of the municipality. Such documents may be copied upon
| ||||||
19 | payment of the actual cost of reproduction during regular | ||||||
20 | business hours of the
local office. The Agency shall issue a | ||||||
21 | written statement concurrent with its
grant or denial of the | ||||||
22 | permit explaining the basis for its decision.
| ||||||
23 | (f) In making any determination pursuant to Section 9.1 of | ||||||
24 | this Act:
| ||||||
25 | (1) The Agency shall have authority to make the | ||||||
26 | determination of any
question required to be determined by |
| |||||||
| |||||||
1 | the Clean Air Act, as now or
hereafter amended, this Act, | ||||||
2 | or the regulations of the Board, including the
| ||||||
3 | determination of the Lowest Achievable Emission Rate, | ||||||
4 | Maximum Achievable
Control Technology, or Best Available | ||||||
5 | Control Technology, consistent with the
Board's | ||||||
6 | regulations, if any.
| ||||||
7 | (2) The Agency shall adopt requirements as necessary | ||||||
8 | to implement public participation procedures, including, | ||||||
9 | but not limited to, public notice, comment, and an | ||||||
10 | opportunity for hearing, which must accompany the | ||||||
11 | processing of applications for PSD permits. The Agency | ||||||
12 | shall briefly describe and respond to all significant | ||||||
13 | comments on the draft permit raised during the public | ||||||
14 | comment period or during any hearing. The Agency may group | ||||||
15 | related comments together and provide one unified response | ||||||
16 | for each issue raised. | ||||||
17 | (3) Any complete permit application submitted to the | ||||||
18 | Agency under this subsection for a PSD permit shall be | ||||||
19 | granted or denied by the Agency not later than one year | ||||||
20 | after the filing of such completed application. | ||||||
21 | (4) The Agency shall, after conferring with the | ||||||
22 | applicant, give written
notice to the applicant of its | ||||||
23 | proposed decision on the application , including
the terms | ||||||
24 | and conditions of the permit to be issued and the facts, | ||||||
25 | conduct ,
or other basis upon which the Agency will rely to | ||||||
26 | support its proposed action.
|
| |||||||
| |||||||
1 | (g) The Agency shall include as conditions upon all | ||||||
2 | permits issued for
hazardous waste disposal sites such | ||||||
3 | restrictions upon the future use
of such sites as are | ||||||
4 | reasonably necessary to protect public health and
the | ||||||
5 | environment, including permanent prohibition of the use of | ||||||
6 | such
sites for purposes which may create an unreasonable risk | ||||||
7 | of injury to human
health or to the environment. After | ||||||
8 | administrative and judicial challenges
to such restrictions | ||||||
9 | have been exhausted, the Agency shall file such
restrictions | ||||||
10 | of record in the Office of the Recorder of the county in which
| ||||||
11 | the hazardous waste disposal site is located.
| ||||||
12 | (h) A hazardous waste stream may not be deposited in a | ||||||
13 | permitted hazardous
waste site unless specific authorization | ||||||
14 | is obtained from the Agency by the
generator and disposal site | ||||||
15 | owner and operator for the deposit of that specific
hazardous | ||||||
16 | waste stream. The Agency may grant specific authorization for
| ||||||
17 | disposal of hazardous waste streams only after the generator | ||||||
18 | has reasonably
demonstrated that, considering
technological | ||||||
19 | feasibility and economic reasonableness, the hazardous waste
| ||||||
20 | cannot be reasonably recycled for reuse, nor incinerated or | ||||||
21 | chemically,
physically or biologically treated so as to | ||||||
22 | neutralize the hazardous waste
and render it nonhazardous. In | ||||||
23 | granting authorization under this Section,
the Agency may | ||||||
24 | impose such conditions as may be necessary to accomplish
the | ||||||
25 | purposes of the Act and are consistent with this Act and | ||||||
26 | regulations
promulgated by the Board hereunder. If the Agency |
| |||||||
| |||||||
1 | refuses to grant
authorization under this Section, the | ||||||
2 | applicant may appeal as if the Agency
refused to grant a | ||||||
3 | permit, pursuant to the provisions of subsection (a) of
| ||||||
4 | Section 40 of this Act. For purposes of this subsection (h), | ||||||
5 | the term
"generator" has the meaning given in Section 3.205 of | ||||||
6 | this Act,
unless: (1) the hazardous waste is treated, | ||||||
7 | incinerated, or partially recycled
for reuse prior to | ||||||
8 | disposal, in which case the last person who treats,
| ||||||
9 | incinerates, or partially recycles the hazardous waste prior | ||||||
10 | to disposal is the
generator; or (2) the hazardous waste is | ||||||
11 | from a response action, in which case
the person performing | ||||||
12 | the response action is the generator. This subsection
(h) does | ||||||
13 | not apply to any hazardous waste that is restricted from land | ||||||
14 | disposal
under 35 Ill. Adm. Code 728.
| ||||||
15 | (i) Before issuing any RCRA permit, any permit for a waste | ||||||
16 | storage site,
sanitary landfill, waste disposal site, waste | ||||||
17 | transfer station, waste treatment
facility, waste incinerator, | ||||||
18 | or any waste-transportation operation, any permit or interim | ||||||
19 | authorization for a clean construction or demolition debris | ||||||
20 | fill operation, or any permit required under subsection (d-5) | ||||||
21 | of Section 55, the Agency
shall conduct an evaluation of the | ||||||
22 | prospective owner's or operator's prior
experience in waste | ||||||
23 | management operations, clean construction or demolition debris | ||||||
24 | fill operations, and tire storage site management. The Agency | ||||||
25 | may deny such a permit, or deny or revoke interim | ||||||
26 | authorization,
if the prospective owner or operator or any |
| |||||||
| |||||||
1 | employee or officer of the
prospective owner or operator has a | ||||||
2 | history of:
| ||||||
3 | (1) repeated violations of federal, State, or local | ||||||
4 | laws, regulations,
standards, or ordinances in the | ||||||
5 | operation of waste management facilities or
sites, clean | ||||||
6 | construction or demolition debris fill operation | ||||||
7 | facilities or sites, or tire storage sites; or
| ||||||
8 | (2) conviction in this or another State of any crime | ||||||
9 | which is a felony
under the laws of this State, or | ||||||
10 | conviction of a felony in a federal court; or conviction | ||||||
11 | in this or another state or federal court of any of the | ||||||
12 | following crimes: forgery, official misconduct, bribery, | ||||||
13 | perjury, or knowingly submitting false information under | ||||||
14 | any environmental law, regulation, or permit term or | ||||||
15 | condition; or
| ||||||
16 | (3) proof of gross carelessness or incompetence in | ||||||
17 | handling, storing,
processing, transporting or disposing | ||||||
18 | of waste, clean construction or demolition debris, or used | ||||||
19 | or waste tires, or proof of gross carelessness or | ||||||
20 | incompetence in using clean construction or demolition | ||||||
21 | debris as fill.
| ||||||
22 | (i-5) Before issuing any permit or approving any interim | ||||||
23 | authorization for a clean construction or demolition debris | ||||||
24 | fill operation in which any ownership interest is transferred | ||||||
25 | between January 1, 2005, and the effective date of the | ||||||
26 | prohibition set forth in Section 22.52 of this Act, the Agency |
| |||||||
| |||||||
1 | shall conduct an evaluation of the operation if any previous | ||||||
2 | activities at the site or facility may have caused or allowed | ||||||
3 | contamination of the site. It shall be the responsibility of | ||||||
4 | the owner or operator seeking the permit or interim | ||||||
5 | authorization to provide to the Agency all of the information | ||||||
6 | necessary for the Agency to conduct its evaluation. The Agency | ||||||
7 | may deny a permit or interim authorization if previous | ||||||
8 | activities at the site may have caused or allowed | ||||||
9 | contamination at the site, unless such contamination is | ||||||
10 | authorized under any permit issued by the Agency.
| ||||||
11 | (j) The issuance under this Act of a permit to engage in | ||||||
12 | the surface mining
of any resources other than fossil fuels | ||||||
13 | shall not relieve
the permittee from its duty to comply with | ||||||
14 | any applicable local law regulating
the commencement, location | ||||||
15 | or operation of surface mining facilities.
| ||||||
16 | (k) A development permit issued under subsection (a) of | ||||||
17 | Section 39 for any
facility or site which is required to have a | ||||||
18 | permit under subsection (d) of
Section 21 shall expire at the | ||||||
19 | end of 2 calendar years from the date upon which
it was issued, | ||||||
20 | unless within that period the applicant has taken action to
| ||||||
21 | develop the facility or the site. In the event that review of | ||||||
22 | the
conditions of the development permit is sought pursuant to | ||||||
23 | Section 40 or
41, or permittee is prevented from commencing | ||||||
24 | development of the facility
or site by any other litigation | ||||||
25 | beyond the permittee's control, such
two-year period shall be | ||||||
26 | deemed to begin on the date upon which such review
process or |
| |||||||
| |||||||
1 | litigation is concluded.
| ||||||
2 | (l) No permit shall be issued by the Agency under this Act | ||||||
3 | for
construction or operation of any facility or site located | ||||||
4 | within the
boundaries of any setback zone established pursuant | ||||||
5 | to this Act, where such
construction or operation is | ||||||
6 | prohibited.
| ||||||
7 | (m) The Agency may issue permits to persons owning or | ||||||
8 | operating
a facility for composting landscape waste. In | ||||||
9 | granting such permits, the Agency
may impose such conditions | ||||||
10 | as may be necessary to accomplish the purposes of
this Act, and | ||||||
11 | as are not inconsistent with applicable regulations | ||||||
12 | promulgated
by the Board. Except as otherwise provided in this | ||||||
13 | Act, a bond or other
security shall not be required as a | ||||||
14 | condition for the issuance of a permit. If
the Agency denies | ||||||
15 | any permit pursuant to this subsection, the Agency shall
| ||||||
16 | transmit to the applicant within the time limitations of this | ||||||
17 | subsection
specific, detailed statements as to the reasons the | ||||||
18 | permit application was
denied. Such statements shall include | ||||||
19 | but not be limited to the following:
| ||||||
20 | (1) the Sections of this Act that may be violated if | ||||||
21 | the permit
were granted;
| ||||||
22 | (2) the specific regulations promulgated pursuant to | ||||||
23 | this
Act that may be violated if the permit were granted;
| ||||||
24 | (3) the specific information, if any, the Agency deems | ||||||
25 | the
applicant did not provide in its application to the | ||||||
26 | Agency; and
|
| |||||||
| |||||||
1 | (4) a statement of specific reasons why the Act and | ||||||
2 | the regulations
might be violated if the permit were | ||||||
3 | granted.
| ||||||
4 | If no final action is taken by the Agency within 90 days | ||||||
5 | after the filing
of the application for permit, the applicant | ||||||
6 | may deem the permit issued.
Any applicant for a permit may | ||||||
7 | waive the 90-day limitation by filing a
written statement with | ||||||
8 | the Agency.
| ||||||
9 | The Agency shall issue permits for such facilities upon | ||||||
10 | receipt of an
application that includes a legal description of | ||||||
11 | the site, a topographic
map of the site drawn to the scale of | ||||||
12 | 200 feet to the inch or larger, a
description of the operation, | ||||||
13 | including the area served, an estimate of
the volume of | ||||||
14 | materials to be processed, and documentation that:
| ||||||
15 | (1) the facility includes a setback of at
least 200 | ||||||
16 | feet from the nearest potable water supply well;
| ||||||
17 | (2) the facility is located outside the boundary
of | ||||||
18 | the 10-year floodplain or the site will be floodproofed;
| ||||||
19 | (3) the facility is located so as to minimize
| ||||||
20 | incompatibility with the character of the surrounding | ||||||
21 | area, including at
least a 200 foot setback from any | ||||||
22 | residence, and in the case of a
facility that is developed | ||||||
23 | or the permitted composting area of which is
expanded | ||||||
24 | after November 17, 1991, the composting area is located at | ||||||
25 | least 1/8
mile from the nearest residence (other than a | ||||||
26 | residence located on the same
property as the facility);
|
| |||||||
| |||||||
1 | (4) the design of the facility will prevent any | ||||||
2 | compost material from
being placed within 5 feet of the | ||||||
3 | water table, will adequately control runoff
from the site, | ||||||
4 | and will collect and manage any leachate that is generated | ||||||
5 | on
the site;
| ||||||
6 | (5) the operation of the facility will include | ||||||
7 | appropriate dust
and odor control measures, limitations on | ||||||
8 | operating hours, appropriate
noise control measures for | ||||||
9 | shredding, chipping and similar equipment,
management | ||||||
10 | procedures for composting, containment and disposal of
| ||||||
11 | non-compostable wastes, procedures to be used for
| ||||||
12 | terminating operations at the site, and recordkeeping | ||||||
13 | sufficient to
document the amount of materials received, | ||||||
14 | composted and otherwise
disposed of; and
| ||||||
15 | (6) the operation will be conducted in accordance with | ||||||
16 | any applicable
rules adopted by the Board.
| ||||||
17 | The Agency shall issue renewable permits of not longer | ||||||
18 | than 10 years
in duration for the composting of landscape | ||||||
19 | wastes, as defined in Section
3.155 of this Act, based on the | ||||||
20 | above requirements.
| ||||||
21 | The operator of any facility permitted under this | ||||||
22 | subsection (m) must
submit a written annual statement to the | ||||||
23 | Agency on or before April 1 of
each year that includes an | ||||||
24 | estimate of the amount of material, in tons,
received for | ||||||
25 | composting.
| ||||||
26 | (n) The Agency shall issue permits jointly with the |
| |||||||
| |||||||
1 | Department of
Transportation for the dredging or deposit of | ||||||
2 | material in Lake Michigan in
accordance with Section 18 of the | ||||||
3 | Rivers, Lakes, and Streams Act.
| ||||||
4 | (o) (Blank.)
| ||||||
5 | (p) (1) Any person submitting an application for a permit | ||||||
6 | for a new MSWLF
unit or for a lateral expansion under | ||||||
7 | subsection (t) of Section 21 of this Act
for an existing MSWLF | ||||||
8 | unit that has not received and is not subject to local
siting | ||||||
9 | approval under Section 39.2 of this Act shall publish notice | ||||||
10 | of the
application in a newspaper of general circulation in | ||||||
11 | the county in which the
MSWLF unit is or is proposed to be | ||||||
12 | located. The notice must be published at
least 15 days before | ||||||
13 | submission of the permit application to the Agency. The
notice | ||||||
14 | shall state the name and address of the applicant, the | ||||||
15 | location of the
MSWLF unit or proposed MSWLF unit, the nature | ||||||
16 | and size of the MSWLF unit or
proposed MSWLF unit, the nature | ||||||
17 | of the activity proposed, the probable life of
the proposed | ||||||
18 | activity, the date the permit application will be submitted, | ||||||
19 | and a
statement that persons may file written comments with | ||||||
20 | the Agency concerning the
permit application within 30 days | ||||||
21 | after the filing of the permit application
unless the time | ||||||
22 | period to submit comments is extended by the Agency.
| ||||||
23 | When a permit applicant submits information to the Agency | ||||||
24 | to supplement a
permit application being reviewed by the | ||||||
25 | Agency, the applicant shall not be
required to reissue the | ||||||
26 | notice under this subsection.
|
| |||||||
| |||||||
1 | (2) The Agency shall accept written comments concerning | ||||||
2 | the permit
application that are postmarked no later than 30 | ||||||
3 | days after the
filing of the permit application, unless the | ||||||
4 | time period to accept comments is
extended by the Agency.
| ||||||
5 | (3) Each applicant for a permit described in part (1) of | ||||||
6 | this subsection
shall file a
copy of the permit application | ||||||
7 | with the county board or governing body of the
municipality in | ||||||
8 | which the MSWLF unit is or is proposed to be located at the
| ||||||
9 | same time the application is submitted to the Agency. The | ||||||
10 | permit application
filed with the county board or governing | ||||||
11 | body of the municipality shall include
all documents submitted | ||||||
12 | to or to be submitted to the Agency, except trade
secrets as | ||||||
13 | determined under Section 7.1 of this Act. The permit | ||||||
14 | application
and other documents on file with the county board | ||||||
15 | or governing body of the
municipality shall be made available | ||||||
16 | for public inspection during regular
business hours at the | ||||||
17 | office of the county board or the governing body of the
| ||||||
18 | municipality and may be copied upon payment of the actual cost | ||||||
19 | of
reproduction.
| ||||||
20 | (q) Within 6 months after July 12, 2011 (the effective | ||||||
21 | date of Public Act 97-95), the Agency, in consultation with | ||||||
22 | the regulated community, shall develop a web portal to be | ||||||
23 | posted on its website for the purpose of enhancing review and | ||||||
24 | promoting timely issuance of permits required by this Act. At | ||||||
25 | a minimum, the Agency shall make the following information | ||||||
26 | available on the web portal: |
| |||||||
| |||||||
1 | (1) Checklists and guidance relating to the completion | ||||||
2 | of permit applications, developed pursuant to subsection | ||||||
3 | (s) of this Section, which may include, but are not | ||||||
4 | limited to, existing instructions for completing the | ||||||
5 | applications and examples of complete applications. As the | ||||||
6 | Agency develops new checklists and develops guidance, it | ||||||
7 | shall supplement the web portal with those materials. | ||||||
8 | (2) Within 2 years after July 12, 2011 (the effective | ||||||
9 | date of Public Act 97-95), permit application forms or | ||||||
10 | portions of permit applications that can be completed and | ||||||
11 | saved electronically, and submitted to the Agency | ||||||
12 | electronically with digital signatures. | ||||||
13 | (3) Within 2 years after July 12, 2011 (the effective | ||||||
14 | date of Public Act 97-95), an online tracking system where | ||||||
15 | an applicant may review the status of its pending | ||||||
16 | application, including the name and contact information of | ||||||
17 | the permit analyst assigned to the application. Until the | ||||||
18 | online tracking system has been developed, the Agency | ||||||
19 | shall post on its website semi-annual permitting | ||||||
20 | efficiency tracking reports that include statistics on the | ||||||
21 | timeframes for Agency action on the following types of | ||||||
22 | permits received after July 12, 2011 (the effective date | ||||||
23 | of Public Act 97-95): air construction permits, new NPDES | ||||||
24 | permits and associated water construction permits, and | ||||||
25 | modifications of major NPDES permits and associated water | ||||||
26 | construction permits. The reports must be posted by |
| |||||||
| |||||||
1 | February 1 and August 1 each year and shall include: | ||||||
2 | (A) the number of applications received for each | ||||||
3 | type of permit, the number of applications on which | ||||||
4 | the Agency has taken action, and the number of | ||||||
5 | applications still pending; and | ||||||
6 | (B) for those applications where the Agency has | ||||||
7 | not taken action in accordance with the timeframes set | ||||||
8 | forth in this Act, the date the application was | ||||||
9 | received and the reasons for any delays, which may | ||||||
10 | include, but shall not be limited to, (i) the | ||||||
11 | application being inadequate or incomplete, (ii) | ||||||
12 | scientific or technical disagreements with the | ||||||
13 | applicant, USEPA, or other local, state, or federal | ||||||
14 | agencies involved in the permitting approval process, | ||||||
15 | (iii) public opposition to the permit, or (iv) Agency | ||||||
16 | staffing shortages. To the extent practicable, the | ||||||
17 | tracking report shall provide approximate dates when | ||||||
18 | cause for delay was identified by the Agency, when the | ||||||
19 | Agency informed the applicant of the problem leading | ||||||
20 | to the delay, and when the applicant remedied the | ||||||
21 | reason for the delay. | ||||||
22 | (r) Upon the request of the applicant, the Agency shall | ||||||
23 | notify the applicant of the permit analyst assigned to the | ||||||
24 | application upon its receipt. | ||||||
25 | (s) The Agency is authorized to prepare and distribute | ||||||
26 | guidance documents relating to its administration of this |
| |||||||
| |||||||
1 | Section and procedural rules implementing this Section. | ||||||
2 | Guidance documents prepared under this subsection shall not be | ||||||
3 | considered rules and shall not be subject to the Illinois | ||||||
4 | Administrative Procedure Act. Such guidance shall not be | ||||||
5 | binding on any party. | ||||||
6 | (t) Except as otherwise prohibited by federal law or | ||||||
7 | regulation, any person submitting an application for a permit | ||||||
8 | may include with the application suggested permit language for | ||||||
9 | Agency consideration. The Agency is not obligated to use the | ||||||
10 | suggested language or any portion thereof in its permitting | ||||||
11 | decision. If requested by the permit applicant, the Agency | ||||||
12 | shall meet with the applicant to discuss the suggested | ||||||
13 | language. | ||||||
14 | (u) If requested by the permit applicant, the Agency shall | ||||||
15 | provide the permit applicant with a copy of the draft permit | ||||||
16 | prior to any public review period. | ||||||
17 | (v) If requested by the permit applicant, the Agency shall | ||||||
18 | provide the permit applicant with a copy of the final permit | ||||||
19 | prior to its issuance. | ||||||
20 | (w) An air pollution permit shall not be required due to | ||||||
21 | emissions of greenhouse gases, as specified by Section 9.15 of | ||||||
22 | this Act. | ||||||
23 | (x) If, before the expiration of a State operating permit | ||||||
24 | that is issued pursuant to subsection (a) of this Section and | ||||||
25 | contains federally enforceable conditions limiting the | ||||||
26 | potential to emit of the source to a level below the major |
| |||||||
| |||||||
1 | source threshold for that source so as to exclude the source | ||||||
2 | from the Clean Air Act Permit Program, the Agency receives a | ||||||
3 | complete application for the renewal of that permit, then all | ||||||
4 | of the terms and conditions of the permit shall remain in | ||||||
5 | effect until final administrative action has been taken on the | ||||||
6 | application for the renewal of the permit. | ||||||
7 | (y) The Agency may issue permits exclusively under this | ||||||
8 | subsection to persons owning or operating a CCR surface | ||||||
9 | impoundment subject to Section 22.59. | ||||||
10 | (z) If a mass animal mortality event is declared by the | ||||||
11 | Department of Agriculture in accordance with the Animal | ||||||
12 | Mortality Act: | ||||||
13 | (1) the owner or operator responsible for the disposal | ||||||
14 | of dead animals is exempted from the following: | ||||||
15 | (i) obtaining a permit for the construction, | ||||||
16 | installation, or operation of any type of facility or | ||||||
17 | equipment issued in accordance with subsection (a) of | ||||||
18 | this Section; | ||||||
19 | (ii) obtaining a permit for open burning in | ||||||
20 | accordance with the rules adopted by the Board; and | ||||||
21 | (iii) registering the disposal of dead animals as | ||||||
22 | an eligible small source with the Agency in accordance | ||||||
23 | with Section 9.14 of this Act; | ||||||
24 | (2) as applicable, the owner or operator responsible | ||||||
25 | for the disposal of dead animals is required to obtain the | ||||||
26 | following permits: |
| |||||||
| |||||||
1 | (i) an NPDES permit in accordance with subsection | ||||||
2 | (b) of this Section; | ||||||
3 | (ii) a PSD permit, in accordance with Section 9.1 | ||||||
4 | of this Act; | ||||||
5 | (iii) an NANSR permit, in accordance with the | ||||||
6 | rules adopted by the Board; | ||||||
7 | (iv) a federally enforceable state operating | ||||||
8 | permit, in accordance with this Section; or | ||||||
9 | (v) a CAAPP permit, in accordance with Section | ||||||
10 | 39.5 of this Act. | ||||||
11 | All CCR surface impoundment permits shall contain those | ||||||
12 | terms and conditions, including, but not limited to, schedules | ||||||
13 | of compliance, which may be required to accomplish the | ||||||
14 | purposes and provisions of this Act, Board regulations, the | ||||||
15 | Illinois Groundwater Protection Act and regulations pursuant | ||||||
16 | thereto, and the Resource Conservation and Recovery Act and | ||||||
17 | regulations pursuant thereto, and may include schedules for | ||||||
18 | achieving compliance therewith as soon as possible. | ||||||
19 | The Board shall adopt filing requirements and procedures | ||||||
20 | that are necessary and appropriate for the issuance of CCR | ||||||
21 | surface impoundment permits and that are consistent with this | ||||||
22 | Act or regulations adopted by the Board, and with the RCRA, as | ||||||
23 | amended, and regulations pursuant thereto. | ||||||
24 | The applicant shall make available to the public for | ||||||
25 | inspection all documents submitted by the applicant to the | ||||||
26 | Agency in furtherance of an application, with the exception of |
| |||||||
| |||||||
1 | trade secrets, on its public internet website as well as at the | ||||||
2 | office of the county board or governing body of the | ||||||
3 | municipality where CCR from the CCR surface impoundment will | ||||||
4 | be permanently disposed. Such documents may be copied upon | ||||||
5 | payment of the actual cost of reproduction during regular | ||||||
6 | business hours of the local office. | ||||||
7 | The Agency shall issue a written statement concurrent with | ||||||
8 | its grant or denial of the permit explaining the basis for its | ||||||
9 | decision. | ||||||
10 | (Source: P.A. 101-171, eff. 7-30-19; revised 9-12-19.)
| ||||||
11 | Section 15. The Criminal Code of 2012 is amended by | ||||||
12 | changing Section 48-7 as follows: | ||||||
13 | (720 ILCS 5/48-7) | ||||||
14 | Sec. 48-7. Feeding garbage to animals. | ||||||
15 | (a) Definitions. As used in this Section: | ||||||
16 | "Department" means the Department of Agriculture of | ||||||
17 | the State of
Illinois. | ||||||
18 | "Garbage" has the same meaning as in the federal Swine | ||||||
19 | Health Protection Act (7 U.S.C. 3802) and also includes | ||||||
20 | putrescible vegetable waste. "Garbage" does not include | ||||||
21 | the contents of the bovine digestive tract. | ||||||
22 | "Person" means any person, firm, partnership, | ||||||
23 | association, corporation,
or other legal entity, any | ||||||
24 | public or private institution, the State, or any municipal |
| |||||||
| |||||||
1 | corporation or political subdivision of the
State. | ||||||
2 | (b) A person commits feeding garbage to animals when he or | ||||||
3 | she feeds or permits the feeding of garbage to swine or any
| ||||||
4 | animals or poultry on any farm or any other premises where | ||||||
5 | swine are kept. | ||||||
6 | (c) Establishments licensed under the Animal Mortality Act | ||||||
7 | Illinois Dead Animal Disposal
Act or under similar laws in | ||||||
8 | other states are exempt from the provisions of this Section. | ||||||
9 | (d) Nothing in this Section shall be construed to apply to | ||||||
10 | any person who
feeds garbage produced in his or her own | ||||||
11 | household to animals or poultry kept on
the premises where he | ||||||
12 | or she resides except this garbage if fed to swine shall not
| ||||||
13 | contain particles of meat. | ||||||
14 | (e) Sentence. Feeding garbage to animals is a Class B | ||||||
15 | misdemeanor, and for the first
offense shall be fined not less | ||||||
16 | than $100 nor more than $500 and for a
second or subsequent | ||||||
17 | offense shall be fined not less than $200 nor more
than $500 or | ||||||
18 | imprisoned in a penal institution other than the penitentiary
| ||||||
19 | for not more than 6 months, or both. | ||||||
20 | (f) A person violating this Section may be enjoined by the | ||||||
21 | Department from
continuing the violation. | ||||||
22 | (g) The Department may make reasonable inspections | ||||||
23 | necessary for the
enforcement of this Section, and is | ||||||
24 | authorized to enforce, and administer the
provisions of this | ||||||
25 | Section.
| ||||||
26 | (Source: P.A. 97-1108, eff. 1-1-13; 98-785, eff. 1-1-15 .)".
|