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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | ||||||
5 | changing Section 3.330 and by adding Section 39.8 as follows:
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6 | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
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7 | Sec. 3.330. Pollution control facility.
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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.
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14 | The following are not pollution control facilities:
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15 | (1) (blank);
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16 | (2) waste storage sites regulated under 40 CFR, Part | ||||||
17 | 761.42;
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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 |
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1 | owned, controlled or
operated by such person, or when such | ||||||
2 | wastes are transported within or
between sites or | ||||||
3 | facilities owned, controlled or operated by such person;
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4 | (4) sites or facilities at which the State is | ||||||
5 | performing removal or
remedial action pursuant to Section | ||||||
6 | 22.2 or 55.3;
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7 | (5) abandoned quarries used solely for the disposal of | ||||||
8 | concrete, earth
materials, gravel, or aggregate debris | ||||||
9 | resulting from road construction
activities conducted by a | ||||||
10 | unit of government or construction activities due
to the | ||||||
11 | construction and installation of underground pipes, lines, | ||||||
12 | conduit
or wires off of the premises of a public utility | ||||||
13 | company which are
conducted by a public utility;
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14 | (6) sites or facilities used by any person to | ||||||
15 | specifically conduct a
landscape composting operation;
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16 | (7) regional facilities as defined in the Central | ||||||
17 | Midwest Interstate
Low-Level Radioactive Waste Compact;
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18 | (8) the portion of a site or facility where coal | ||||||
19 | combustion wastes are
stored or disposed of in accordance | ||||||
20 | with subdivision (r)(2) or (r)(3) of
Section 21;
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21 | (9) the portion of a site or facility used for the | ||||||
22 | collection,
storage or processing of waste tires as defined | ||||||
23 | in Title XIV;
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24 | (10) the portion of a site or facility used for | ||||||
25 | treatment of
petroleum contaminated materials by | ||||||
26 | application onto or incorporation into
the soil surface and |
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1 | any portion of that site or facility used for storage
of | ||||||
2 | petroleum contaminated materials before treatment. Only | ||||||
3 | those categories
of petroleum listed in Section
57.9(a)(3) | ||||||
4 | are exempt under this subdivision (10);
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5 | (11) the portion of a site or facility where used oil | ||||||
6 | is collected or
stored prior to shipment to a recycling or | ||||||
7 | energy recovery facility, provided
that the used oil is | ||||||
8 | generated by households or commercial establishments, and
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9 | the site or facility is a recycling center or a business | ||||||
10 | where oil or gasoline
is sold at retail; | ||||||
11 | (11.5) processing sites or facilities that receive | ||||||
12 | only on-specification used oil, as defined in 35 Ill. | ||||||
13 | Admin. Code 739, originating from used oil collectors for | ||||||
14 | processing that is managed under 35 Ill. Admin. Code 739 to | ||||||
15 | produce products for sale to off-site petroleum | ||||||
16 | facilities, if these processing sites or facilities are: | ||||||
17 | (i) located within a home rule unit of local government | ||||||
18 | with a population of at least 30,000 according to the 2000 | ||||||
19 | federal census, that home rule unit of local government has | ||||||
20 | been designated as an Urban Round II Empowerment Zone by | ||||||
21 | the United States Department of Housing and Urban | ||||||
22 | Development, and that home rule unit of local government | ||||||
23 | has enacted an ordinance approving the location of the site | ||||||
24 | or facility and provided funding for the site or facility; | ||||||
25 | and (ii) in compliance with all applicable zoning | ||||||
26 | requirements;
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1 | (12) the portion of a site or facility utilizing coal | ||||||
2 | combustion waste
for stabilization and treatment of only | ||||||
3 | waste generated on that site or
facility when used in | ||||||
4 | connection with response actions pursuant to the federal
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5 | Comprehensive Environmental Response, Compensation, and | ||||||
6 | Liability Act of 1980,
the federal Resource Conservation | ||||||
7 | and Recovery Act of 1976, or the Illinois
Environmental | ||||||
8 | Protection Act or as authorized by the Agency;
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9 | (13) the portion of a site or facility accepting | ||||||
10 | exclusively general
construction or demolition debris, | ||||||
11 | located in a county with a population over
700,000 as of | ||||||
12 | January 1, 2000, and operated and located in accordance | ||||||
13 | with Section 22.38 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-petruscible solid waste in | ||||||
4 | original containers, no larger in capacity than 500 | ||||||
5 | gallons, provided that such waste is further transferred to | ||||||
6 | a recycling, disposal, treatment, or storage facility on a | ||||||
7 | non-contiguous site and provided such site or facility | ||||||
8 | complies with the applicable 10-day transfer requirements | ||||||
9 | of the federal Resource Conservation and Recovery Act of | ||||||
10 | 1976 and United States Department of Transportation | ||||||
11 | hazardous material requirements. For purposes of this | ||||||
12 | Section only, "non-petruscible solid waste" means waste | ||||||
13 | other than municipal garbage that does not rot or become | ||||||
14 | putrid, including, but not limited to, paints, solvent, | ||||||
15 | 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 1, | ||||||
20 | 2005 and that is used for wood combustion facilities for | ||||||
21 | energy recovery that accept and burn only wood material, as | ||||||
22 | included in a fuel specification approved by the Agency; | ||||||
23 | and
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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 ; and | ||||||
3 | (19) the portion of a site or facility used to perform | ||||||
4 | limited testing of a gasification conversion technology in | ||||||
5 | accordance with Section 39.8 of this Act and for which a | ||||||
6 | complete permit application has been submitted to the | ||||||
7 | Agency prior to one year from the effective date of this | ||||||
8 | amendatory Act of the 96th General Assembly .
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9 | (b) A new pollution control facility is:
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10 | (1) a pollution control facility initially permitted | ||||||
11 | for development or
construction after July 1, 1981; or
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12 | (2) the area of expansion beyond the boundary of a | ||||||
13 | currently permitted
pollution control facility; or
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14 | (3) a permitted pollution control facility requesting | ||||||
15 | approval to
store, dispose of, transfer or incinerate, for | ||||||
16 | the first time, any special
or hazardous waste.
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17 | (Source: P.A. 94-94, eff. 7-1-05; 94-249, eff. 7-19-05; 94-824, | ||||||
18 | eff. 6-2-06; 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; 95-331, | ||||||
19 | eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. 8-21-08.)
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20 | (415 ILCS 5/39.8 new) | ||||||
21 | Sec. 39.8. Gasification conversion technology | ||||||
22 | demonstration permit. | ||||||
23 | (a) The purpose of this Section is to provide for the | ||||||
24 | permitting and limited testing of gasification conversion | ||||||
25 | technologies on a pilot scale basis. |
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1 | (b) For purposes of this Section: | ||||||
2 | "Gasification conversion technology" or "GCT" means | ||||||
3 | the process of applying heat to municipal waste, chicken | ||||||
4 | litter, distillers grain, or switchgrass in order to | ||||||
5 | convert these materials into a synthetic gas ("syngas") | ||||||
6 | that meets specifications for use as a fuel for the | ||||||
7 | generation of electricity. To qualify as a GCT, the process | ||||||
8 | must not continuously operate at temperatures exceeding an | ||||||
9 | hourly average of 1,400 degrees Fahrenheit in the gasifier | ||||||
10 | unit, must not use fossil fuels in the gasifier unit, and | ||||||
11 | must be designed to produce more energy than it consumes. | ||||||
12 | "GCTDP" means a gasification conversion technology | ||||||
13 | demonstration permit issued by the Agency under this | ||||||
14 | Section. | ||||||
15 | (c) The Agency may, under the authority of subsection (b) | ||||||
16 | of Section 9 and subsection (a) of Section 39 of the Act, issue | ||||||
17 | a GCTDP to an applicant for limited field testing of a GCT in | ||||||
18 | order to demonstrate that the GCT can reliably produce syngas | ||||||
19 | meeting specifications for its use as fuel for the generation | ||||||
20 | of electricity. The GCTDP shall be subject to all of the | ||||||
21 | following conditions: | ||||||
22 | (1) The GCTDP shall be for a period not to exceed 180 | ||||||
23 | consecutive calendar days from the date of issuance of the | ||||||
24 | permit. | ||||||
25 | (2) The applicant for a GCTDP must demonstrate that, | ||||||
26 | during the permit period, the GCT will not emit more than |
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1 | 500 pounds, in the aggregate, of particulate matter, sulfur | ||||||
2 | dioxide, organic materials, hydrogen chloride, and heavy | ||||||
3 | metals. | ||||||
4 | (3) The applicant for a GCTDP must perform emissions | ||||||
5 | testing during the permit period, as required by the | ||||||
6 | Agency, and submit the results of that testing to the | ||||||
7 | Agency as specified in the GCTDP within 60 days after the | ||||||
8 | completion of testing. | ||||||
9 | (4) During the permit period the applicant may not | ||||||
10 | process more than 10 tons per day, in the aggregate, of | ||||||
11 | materials in the gasification process. The applicant may | ||||||
12 | not store on site more than 10 tons, in the aggregate, of | ||||||
13 | waste and other materials of the types set forth in | ||||||
14 | subsection (b) of this Section. | ||||||
15 | (5) In addition to the GCTDP, the applicant must obtain | ||||||
16 | applicable waste management permits in accordance with | ||||||
17 | subsection (d) of Section 21 and subsection (a) of Section | ||||||
18 | 39 before receiving waste at the facility. All waste | ||||||
19 | received at the facility must be managed in accordance with | ||||||
20 | the Act, the waste management permits, and applicable | ||||||
21 | regulations adopted pursuant to Section 22 of the Act. | ||||||
22 | (6) The applicant must demonstrate that the proposed | ||||||
23 | project meets the criteria defining a GCT in subsection (b) | ||||||
24 | of this Section. | ||||||
25 | (7) The applicant for a GCTDP shall submit application | ||||||
26 | fees in accordance with subsection (c) of Section 9.12 of |
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1 | the Act, excluding the fees under subparagraph (B) of | ||||||
2 | paragraph (2) of subsection (c) of that Section. | ||||||
3 | (8) A complete application for a GCTDP must be filed in | ||||||
4 | accordance with this Section and submitted to the Agency | ||||||
5 | prior to one year from the effective date of this | ||||||
6 | amendatory Act of the 96th General Assembly. | ||||||
7 | (9) The GCTDP shall not be granted for use in a | ||||||
8 | nonattainment area.
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law. |