Sen. Denny Jacobs

Filed: 3/17/2004





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2     AMENDMENT NO. ______. Amend Senate Bill 2145 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Environmental Protection Act is amended by
5 changing Section 3.330 as follows:
6     (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
7     Sec. 3.330. Pollution control facility.
8     (a) "Pollution control facility" is any waste storage site,
9 sanitary landfill, waste disposal site, waste transfer
10 station, waste treatment facility, or waste incinerator. This
11 includes sewers, sewage treatment plants, and any other
12 facilities owned or operated by sanitary districts organized
13 under the Metropolitan Water Reclamation District Act.
14     The following are not pollution control facilities:
15         (1) (Blank);
16         (2) waste storage sites regulated under 40 CFR, Part
17 761.42;
18         (3) sites or facilities used by any person conducting a
19 waste storage, waste treatment, waste disposal, waste
20 transfer or waste incineration operation, or a combination
21 thereof, for wastes generated by such person's own
22 activities, when such wastes are stored, treated, disposed
23 of, transferred or incinerated within the site or facility
24 owned, controlled or operated by such person, or when such



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1 wastes are transported within or between sites or
2 facilities owned, controlled or operated by such person;
3         (4) sites or facilities at which the State is
4 performing removal or remedial action pursuant to Section
5 22.2 or 55.3;
6         (5) abandoned quarries used solely for the disposal of
7 concrete, earth materials, gravel, or aggregate debris
8 resulting from road construction activities conducted by a
9 unit of government or construction activities due to the
10 construction and installation of underground pipes, lines,
11 conduit or wires off of the premises of a public utility
12 company which are conducted by a public utility;
13         (6) sites or facilities used by any person to
14 specifically conduct a landscape composting operation;
15         (7) regional facilities as defined in the Central
16 Midwest Interstate Low-Level Radioactive Waste Compact;
17         (8) the portion of a site or facility where coal
18 combustion wastes are stored or disposed of in accordance
19 with subdivision (r)(2) or (r)(3) of Section 21;
20         (9) the portion of a site or facility used for the
21 collection, storage or processing of waste tires as defined
22 in Title XIV;
23         (10) the portion of a site or facility used for
24 treatment of petroleum contaminated materials by
25 application onto or incorporation into the soil surface and
26 any portion of that site or facility used for storage of
27 petroleum contaminated materials before treatment. Only
28 those categories of petroleum listed in Section 57.9(a)(3)
29 are exempt under this subdivision (10);
30         (11) the portion of a site or facility where used oil
31 is collected or stored prior to shipment to a recycling or
32 energy recovery facility, provided that the used oil is
33 generated by households or commercial establishments, and
34 the site or facility is a recycling center or a business



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1 where oil or gasoline is sold at retail;
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
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;
10         (13) the portion of a site or facility accepting
11 exclusively general construction or demolition debris,
12 located in a county with a population over 700,000, and
13 operated and located in accordance with Section 22.38 of
14 this Act; and
15         (14) the portion of a site or facility, located within
16 a unit of local government that has enacted local zoning
17 requirements, that:
18             (A) accepts uncontaminated broken concrete with or
19 without protruding metal bars for separation and
20 processing; and
21             (B) provided these materials are not speculatively
22 accumulated, returns these materials to the economic
23 mainstream in the form of raw materials or products.
24     (b) A new pollution control facility is:
25         (1) a pollution control facility initially permitted
26 for development or construction after July 1, 1981; or
27         (2) the area of expansion beyond the boundary of a
28 currently permitted pollution control facility; or
29         (3) a permitted pollution control facility requesting
30 approval to store, dispose of, transfer or incinerate, for
31 the first time, any special or hazardous waste.
32 (Source: P.A. 92-574, eff. 6-26-02.)
33     Section 99. Effective date. This Act takes effect upon



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1 becoming law.".