Environment & Energy Committee

Filed: 3/11/2009

 

 


 

 


 
09600HB3873ham001 LRB096 11728 JDS 23571 a

1
AMENDMENT TO HOUSE BILL 3873

2     AMENDMENT NO. ______. Amend House Bill 3873 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Environmental Protection Act is amended by
5 changing Sections 3.330, 22.26, and 22.34 and by adding
6 Sections 3.197 and 3.282 as follows:
 
7     (415 ILCS 5/3.197 new)
8     Sec. 3.197. Food scrap. "Food scrap" means garbage that is
9 (i) capable of being decomposed into compost by composting,
10 (ii) separated by the generator from other waste, including,
11 but not limited to, garbage that is not capable of being
12 decomposed into compost by composting, and (iii) managed
13 separately from other waste, including, but not limited to,
14 garbage that is not capable of being decomposed into compost by
15 composting. "Food scrap" includes, but is not limited to,
16 packaging, utensils, and food containers composed of readily

 

 

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1 biodegradable material. For the purposes of this Section,
2 packaging, utensils, and food containers are readily
3 biodegradable if they meet the ASTM D6400 standard.
 
4     (415 ILCS 5/3.282 new)
5     Sec. 3.282. Livestock waste. "Livestock waste" means
6 livestock waste as defined in the Livestock Management
7 Facilities Act.
 
8     (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
9     Sec. 3.330. Pollution control facility.
10     (a) "Pollution control facility" is any waste storage site,
11 sanitary landfill, waste disposal site, waste transfer
12 station, waste treatment facility, or waste incinerator. This
13 includes sewers, sewage treatment plants, and any other
14 facilities owned or operated by sanitary districts organized
15 under the Metropolitan Water Reclamation District Act.
16     The following are not pollution control facilities:
17         (1) (blank);
18         (2) waste storage sites regulated under 40 CFR, Part
19     761.42;
20         (3) sites or facilities used by any person conducting a
21     waste storage, waste treatment, waste disposal, waste
22     transfer or waste incineration operation, or a combination
23     thereof, for wastes generated by such person's own
24     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;
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;
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;
15         (6) sites or facilities used by any person to
16     specifically conduct a landscape composting operation;
17         (7) regional facilities as defined in the Central
18     Midwest Interstate Low-Level Radioactive Waste Compact;
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;
22         (9) the portion of a site or facility used for the
23     collection, storage or processing of waste tires as defined
24     in Title XIV;
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 and
2     any portion of that site or facility used for storage of
3     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);
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
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 to
16     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 has
21     been designated as an Urban Round II Empowerment Zone by
22     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 site
25     or facility and provided funding for the site or facility;
26     and (ii) in compliance with all applicable zoning

 

 

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1     requirements;
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 as of
13     January 1, 2000, and operated and located in accordance
14     with Section 22.38 of this Act;
15         (14) the portion of a site or facility, located within
16     a unit of local government that has enacted local zoning
17     requirements, used to accept, separate, and process
18     uncontaminated broken concrete, with or without protruding
19     metal bars, provided that the uncontaminated broken
20     concrete and metal bars are not speculatively accumulated,
21     are at the site or facility no longer than one year after
22     their acceptance, and are returned to the economic
23     mainstream in the form of raw materials or products;
24         (15) the portion of a site or facility located in a
25     county with a population over 3,000,000 that has obtained
26     local siting approval under Section 39.2 of this Act for a

 

 

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1     municipal waste incinerator on or before July 1, 2005 and
2     that is used for a non-hazardous waste transfer station;
3         (16) a site or facility that temporarily holds in
4     transit for 10 days or less, non-petruscible solid waste in
5     original containers, no larger in capacity than 500
6     gallons, provided that such waste is further transferred to
7     a recycling, disposal, treatment, or storage facility on a
8     non-contiguous site and provided such site or facility
9     complies with the applicable 10-day transfer requirements
10     of the federal Resource Conservation and Recovery Act of
11     1976 and United States Department of Transportation
12     hazardous material requirements. For purposes of this
13     Section only, "non-petruscible solid waste" means waste
14     other than municipal garbage that does not rot or become
15     putrid, including, but not limited to, paints, solvent,
16     filters, and absorbents;
17         (17) the portion of a site or facility located in a
18     county with a population greater than 3,000,000 that has
19     obtained local siting approval, under Section 39.2 of this
20     Act, for a municipal waste incinerator on or before July 1,
21     2005 and that is used for wood combustion facilities for
22     energy recovery that accept and burn only wood material, as
23     included in a fuel specification approved by the Agency;
24     and
25         (18) a transfer station used exclusively for landscape
26     waste, including a transfer station where landscape waste

 

 

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1     is ground to reduce its volume, where the landscape waste
2     is held no longer than 24 hours from the time it was
3     received; and .
4         (19) the portion of a site or facility that (i) is used
5     for the composting of food scrap, livestock waste, crop
6     residue, uncontaminated wood waste, or paper waste,
7     including, but not limited to, corrugated paper or
8     cardboard, and (ii) meets all of the following:
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 the
15         end of each operating day, be processed and placed into
16         an enclosed vessel in which air flow and temperature
17         are controlled, or all of the following additional
18         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             is floodproofed.

 

 

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1                 (iii) The portion of the site of facility used
2             for the composting operation must be located at
3             least one-eighth of a mile from the nearest
4             residence, other than a residence located on the
5             same property as the site or facility.
6                 (iv) The portion of the site or facility used
7             for the composting operation must be located at
8             least one-eighth of a mile from the property line
9             of all of the following areas:
10                     (I) Facilities that primarily serve to
11                 house or treat people that are
12                 immunocompromised or immunosuppressed, such as
13                 cancer or AIDS patients; people with asthma,
14                 cystic fibrosis, or bioaerosol allergies; or
15                 children under the age of one year.
16                     (II) Primary and secondary schools and
17                 adjacent areas that the schools use for
18                 recreation.
19                     (III) Any facility for child care licensed
20                 under Section 3 of the Child Care Act of 1969;
21                 preschools; and adjacent areas that the
22                 facilities or preschools use for recreation.
23                 (v) By the end of each operating day, all food
24             scrap, livestock waste, crop residue,
25             uncontaminated wood waste, and paper waste must be
26             (i) processed into windrows or other piles and (ii)

 

 

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1             covered in a manner that prevents scavenging by
2             birds and animals and prevents other nuisances.
3             (C) Food scrap, livestock waste, crop residue,
4         uncontaminated wood waste, paper waste, and compost
5         must not be placed within 5 feet of the water table.
6             (D) The site or facility must meet all requirements
7         under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
8         seq.).
9             (E) The site or facility must not (i) restrict the
10         flow of a 100-year flood, (ii) result in washout of
11         food scrap, livestock waste, crop residue,
12         uncontaminated wood waste, or paper waste from a
13         100-year flood, or (iii) reduce the temporary water
14         storage capacity of the 100-year floodplain, unless
15         measures are undertaken to provide alternative storage
16         capacity, such as by providing lagoons, holding tanks,
17         or drainage around structures at the facility.
18             (F) The site or facility must not be located in any
19         area where it may pose a threat of harm or destruction
20         to the features for which:
21                 (i) An irreplaceable historic or
22             archaeological site has been listed under the
23             National Historic Preservation Act (16 U.S.C. 470
24             et seq.) or the Illinois Historic Preservation
25             Act;
26                 (ii) A natural landmark has been designated by

 

 

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1             the National Park Service or the Illinois State
2             Historic Preservation Office; or
3                 (iii) A natural area has been designated as a
4             Dedicated Illinois Nature Preserve under the
5             Illinois Natural Areas Preservation Act.
6             (G) The site or facility must not be located in an
7         area where it may jeopardize the continued existence of
8         any designated endangered species, result in the
9         destruction or adverse modification of the critical
10         habitat for such species, or cause or contribute to the
11         taking of any endangered or threatened species of
12         plant, fish, or wildlife listed under the Endangered
13         Species Act (16 U.S.C. 1531 et seq.) or the Illinois
14         Endangered Species Protection Act.
15     (b) A new pollution control facility is:
16         (1) a pollution control facility initially permitted
17     for development or construction after July 1, 1981; or
18         (2) the area of expansion beyond the boundary of a
19     currently permitted pollution control facility; or
20         (3) a permitted pollution control facility requesting
21     approval to store, dispose of, transfer or incinerate, for
22     the first time, any special or hazardous waste.
23 (Source: P.A. 94-94, eff. 7-1-05; 94-249, eff. 7-19-05; 94-824,
24 eff. 6-2-06; 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; 95-331,
25 eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. 8-21-08.)
 

 

 

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1     (415 ILCS 5/22.26)  (from Ch. 111 1/2, par. 1022.26)
2     Sec. 22.26. The Agency shall not issue a development or
3 construction permit after December 31, 1990 for any composting
4 facility, unless the applicant has given notice thereof (1) in
5 person or by mail to the members of the General Assembly from
6 the legislative district in which the proposed facility is to
7 be located, (2) by registered or certified mail to the owners
8 of all real property located within 250 feet of the site of the
9 proposed facility (determined as provided in subsection (b) of
10 Section 39.2), and (3) to the general public by publication in
11 a newspaper of general circulation in the county in which the
12 proposed facility is to be located. The notice required under
13 this Section must include: (i) a description of the type of
14 facility being proposed, (ii) the location of the proposed
15 facility, (iii) the name of the person or corporation proposing
16 the construction or development of the facility and the contact
17 information (including a phone number) for that person, (iv)
18 instructions directing the recipient of the notice to send
19 written comments relating to the construction or development of
20 the facility to the Agency within 21 days after the notice is
21 either received by mail or last published in a newspaper of
22 general circulation, and (v) the Agency's address, as well as
23 the phone numbers for the Bureaus and Sections responsible for
24 issuing the permit.
25 (Source: P.A. 86-1195.)
 

 

 

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1     (415 ILCS 5/22.34)
2     Sec. 22.34. Organic waste compost quality standards.
3     (a) The Agency may By January 1, 1994, the Agency shall
4 develop and make recommendations to the Board concerning (i)
5 performance standards for organic waste compost facilities and
6 (ii) testing procedures and standards for the end-product
7 compost produced by organic waste compost facilities.
8     The Agency, in cooperation with the Department, shall
9 appoint a Technical Advisory Committee for the purpose of
10 developing these recommendations. Among other things, the
11 Committee shall evaluate environmental and safety
12 considerations, compliance costs, and regulations adopted in
13 other states and countries. The Committee shall have balanced
14 representation and shall include members representing
15 academia, the composting industry, the Department of
16 Agriculture, the landscaping industry, environmental
17 organizations, municipalities, and counties.
18     Performance standards for organic waste compost facilities
19 may include, but are not limited to shall at a minimum include:
20         (1) the management of potential exposures for human
21     disease vectors and odor;
22         (2) the management of surface water;
23         (3) contingency planning for handling end-product
24     compost material that does not meet end-product compost
25     standards adopted by the Board requirements of subsection
26     (b);

 

 

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1         (4) plans for intended purposes of end-use product; and
2         (5) a financial assurance plan necessary to restore the
3     site as specified in Agency permit. The financial assurance
4     plan may include, but is not limited to, posting with the
5     Agency a performance bond or other security for the purpose
6     of ensuring site restoration.
7     (b) No later than one year after the Agency makes
8 recommendations to the Board under subsection (a) of this
9 Section By December 1, 1997, the Board shall adopt, as
10 applicable:
11         (1) performance standards for organic waste compost
12     facilities; and
13         (2) testing procedures and standards for the
14     end-product compost produced by organic waste compost
15     facilities.
16     The Board shall evaluate the merits of different standards
17 for end-product compost applications.
18     (c) On-site residential composting that is used solely for
19 the purpose of composting organic waste generated on-site and
20 that will not be offered for off-site sale or use is exempt
21 from any standards promulgated under subsections (a) and (b).
22 Subsection (b)(2) shall not apply to end-product compost used
23 as daily cover or vegetative amendment in the final layer.
24 Subsection (b) applies to any end-product compost offered for
25 sale or use in Illinois.
26     (d) For the purposes of this Section, "organic waste" means

 

 

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1 food scrap waste, landscape waste, wood waste, livestock waste,
2 crop residue, paper waste, or other non-hazardous carbonaceous
3 waste that is collected and processed separately from the rest
4 of the municipal waste stream.
5     (e) Except as otherwise provided in Board rules, solid
6 waste permits for organic waste composting facilities shall be
7 issued under the Board's Solid Waste Rules at 35 Ill. Adm. Code
8 807.
9 (Source: P.A. 87-1227; 88-690, eff. 1-24-95.)".