Illinois General Assembly - Full Text of SB3129
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Full Text of SB3129  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/15/2018, by Sen. Pat McGuire


415 ILCS 5/3.201 new
415 ILCS 5/3.202 new
415 ILCS 5/3.299 new
415 ILCS 5/3.330  was 415 ILCS 5/3.32
415 ILCS 5/3.336 new
415 ILCS 5/3.366 new
415 ILCS 5/3.367 new
415 ILCS 5/3.535  was 415 ILCS 5/3.53
415 ILCS 5/9.4  from Ch. 111 1/2, par. 1009.4
415 ILCS 5/22.16b  from Ch. 111 1/2, par. 1022.16b

    Amends the Environmental Protection Act. Provides that the portion of a site or facility that receives, separates, stores, and converts post-use polymers into crude oil, fuels, or other raw materials or intermediate or final products or feedstocks using a pyrolysis or gasification process and is regulated under the State's air, water, and waste regulations applicable to manufacturing facilities is not a pollution control facility under the Act. Provides that the definition of "waste" does not include post-use polymers or nonrecycled feedstocks processed through pyrolysis or gasification. Makes changes to the definition for "municipal waste incineration" in provisions concerning municipal waste incineration emission standards. Defines terms. Makes other changes. Effective immediately.

LRB100 19879 MJP 35159 b






SB3129LRB100 19879 MJP 35159 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Environmental Protection Act is amended by
5changing Sections 3.330, 3.535, 9.4, and 22.16b and by adding
6Sections 3.201, 3.202, 3.299, 3.336, 3.366, and 3.367 as
8    (415 ILCS 5/3.201 new)
9    Sec. 3.201. Gasification. "Gasification" means a process
10through which nonrecycled feedstocks are heated and converted
11into a fuel-gas mixture in an oxygen-deficient atmosphere and
12the mixture is converted into fuel, including ethanol and
13transportation fuel, chemicals, or other chemical feedstocks.
14    (415 ILCS 5/3.202 new)
15    Sec. 3.202. Gasification facility. "Gasification facility"
16means a facility that receives, separates, stores and converts
17post-use polymers using gasification. A gasification facility
18shall not be considered a solid waste facility.
19    (415 ILCS 5/3.299 new)
20    Sec. 3.299. Nonrecycled feedstocks. "Nonrecycled
21feedstocks" means one or more of the following materials,



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1derived from nonrecycled waste, that has been processed so that
2it may be used as feedstock in a gasification facility:
3        (1) post-use polymers; and
4        (2) materials that the United States Environmental
5    Protection Agency has made a non-waste determination under
6    40 CFR 241.3(c) or otherwise has determined are not waste.
7    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
8    Sec. 3.330. Pollution control facility.
9    (a) "Pollution control facility" is any waste storage site,
10sanitary landfill, waste disposal site, waste transfer
11station, waste treatment facility, or waste incinerator. This
12includes sewers, sewage treatment plants, and any other
13facilities owned or operated by sanitary districts organized
14under the Metropolitan Water Reclamation District Act.
15    The following are not pollution control facilities:
16        (1) (blank);
17        (2) waste storage sites regulated under 40 CFR, Part
18    761.42;
19        (3) sites or facilities used by any person conducting a
20    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
24    of, transferred or incinerated within the site or facility
25    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



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1    petroleum contaminated materials before treatment. Only
2    those categories of petroleum listed in Section 57.9(a)(3)
3    are exempt under this subdivision (10);
4        (11) the portion of a site or facility where used oil
5    is collected or stored prior to shipment to a recycling or
6    energy recovery facility, provided that the used oil is
7    generated by households or commercial establishments, and
8    the site or facility is a recycling center or a business
9    where oil or gasoline is sold at retail;
10        (11.5) processing sites or facilities that receive
11    only on-specification used oil, as defined in 35 Ill.
12    Admin. Code 739, originating from used oil collectors for
13    processing that is managed under 35 Ill. Admin. Code 739 to
14    produce products for sale to off-site petroleum
15    facilities, if these processing sites or facilities are:
16    (i) located within a home rule unit of local government
17    with a population of at least 30,000 according to the 2000
18    federal census, that home rule unit of local government has
19    been designated as an Urban Round II Empowerment Zone by
20    the United States Department of Housing and Urban
21    Development, and that home rule unit of local government
22    has enacted an ordinance approving the location of the site
23    or facility and provided funding for the site or facility;
24    and (ii) in compliance with all applicable zoning
25    requirements;
26        (12) the portion of a site or facility utilizing coal



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1    combustion waste for stabilization and treatment of only
2    waste generated on that site or facility when used in
3    connection with response actions pursuant to the federal
4    Comprehensive Environmental Response, Compensation, and
5    Liability Act of 1980, the federal Resource Conservation
6    and Recovery Act of 1976, or the Illinois Environmental
7    Protection Act or as authorized by the Agency;
8        (13) the portion of a site or facility that accepts
9    exclusively general construction or demolition debris and
10    is operated and located in accordance with Section 22.38 of
11    this Act;
12        (14) the portion of a site or facility, located within
13    a unit of local government that has enacted local zoning
14    requirements, used to accept, separate, and process
15    uncontaminated broken concrete, with or without protruding
16    metal bars, provided that the uncontaminated broken
17    concrete and metal bars are not speculatively accumulated,
18    are at the site or facility no longer than one year after
19    their acceptance, and are returned to the economic
20    mainstream in the form of raw materials or products;
21        (15) the portion of a site or facility located in a
22    county with a population over 3,000,000 that has obtained
23    local siting approval under Section 39.2 of this Act for a
24    municipal waste incinerator on or before July 1, 2005 and
25    that is used for a non-hazardous waste transfer station;
26        (16) a site or facility that temporarily holds in



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



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1    for the composting of food scrap, livestock waste, crop
2    residue, uncontaminated wood waste, or paper waste,
3    including, but not limited to, corrugated paper or
4    cardboard, and (ii) meets all of the following
5    requirements:
6            (A) There must not be more than a total of 30,000
7        cubic yards of livestock waste in raw form or in the
8        process of being composted at the site or facility at
9        any one time.
10            (B) All food scrap, livestock waste, crop residue,
11        uncontaminated wood waste, and paper waste must, by the
12        end of each operating day, be processed and placed into
13        an enclosed vessel in which air flow and temperature
14        are controlled, or all of the following additional
15        requirements must be met:
16                (i) The portion of the site or facility used
17            for the composting operation must include a
18            setback of at least 200 feet from the nearest
19            potable water supply well.
20                (ii) The portion of the site or facility used
21            for the composting operation must be located
22            outside the boundary of the 10-year floodplain or
23            floodproofed.
24                (iii) Except in municipalities with more than
25            1,000,000 inhabitants, the portion of the site or
26            facility used for the composting operation must be



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



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



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1            Historic Preservation Office; or
2                (iii) a natural area has been designated as a
3            Dedicated Illinois Nature Preserve under the
4            Illinois Natural Areas Preservation Act.
5            (G) The site or facility must not be located in an
6        area where it may jeopardize the continued existence of
7        any designated endangered species, result in the
8        destruction or adverse modification of the critical
9        habitat for such species, or cause or contribute to the
10        taking of any endangered or threatened species of
11        plant, fish, or wildlife listed under the Endangered
12        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
13        Endangered Species Protection Act;
14        (20) the portion of a site or facility that is located
15    entirely within a home rule unit having a population of no
16    less than 120,000 and no more than 135,000, according to
17    the 2000 federal census, and that meets all of the
18    following requirements:
19            (i) the portion of the site or facility is used
20        exclusively to perform testing of a thermochemical
21        conversion technology using only woody biomass,
22        collected as landscape waste within the boundaries of
23        the home rule unit, as the hydrocarbon feedstock for
24        the production of synthetic gas in accordance with
25        Section 39.9 of this Act;
26            (ii) the portion of the site or facility is in



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1        compliance with all applicable zoning requirements;
2        and
3            (iii) a complete application for a demonstration
4        permit at the portion of the site or facility has been
5        submitted to the Agency in accordance with Section 39.9
6        of this Act within one year after July 27, 2010 (the
7        effective date of Public Act 96-1314);
8        (21) the portion of a site or facility used to perform
9    limited testing of a gasification conversion technology in
10    accordance with Section 39.8 of this Act and for which a
11    complete permit application has been submitted to the
12    Agency prior to one year from April 9, 2010 (the effective
13    date of Public Act 96-887);
14        (22) the portion of a site or facility that is used to
15    incinerate only pharmaceuticals from residential sources
16    that are collected and transported by law enforcement
17    agencies under Section 17.9A of this Act;
18        (23) the portion of a site or facility:
19            (A) that is used exclusively for the transfer of
20        commingled landscape waste and food scrap held at the
21        site or facility for no longer than 24 hours after
22        their receipt;
23            (B) that is located entirely within a home rule
24        unit having a population of (i) not less than 100,000
25        and not more than 115,000 according to the 2010 federal
26        census, (ii) not less than 5,000 and not more than



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1        10,000 according to the 2010 federal census, or (iii)
2        not less than 25,000 and not more than 30,000 according
3        to the 2010 federal census or that is located in the
4        unincorporated area of a county having a population of
5        not less than 700,000 and not more than 705,000
6        according to the 2010 federal census;
7            (C) that is permitted, by the Agency, prior to
8        January 1, 2002, for the transfer of landscape waste if
9        located in a home rule unit or that is permitted prior
10        to January 1, 2008 if located in an unincorporated area
11        of a county; and
12            (D) for which a permit application is submitted to
13        the Agency to modify an existing permit for the
14        transfer of landscape waste to also include, on a
15        demonstration basis not to exceed 24 months each time a
16        permit is issued, the transfer of commingled landscape
17        waste and food scrap or for which a permit application
18        is submitted to the Agency within 6 months of the
19        effective date of this amendatory Act of the 100th
20        General Assembly; and
21        (24) the portion of a municipal solid waste landfill
22    unit:
23            (A) that is located in a county having a population
24        of not less than 55,000 and not more than 60,000
25        according to the 2010 federal census;
26            (B) that is owned by that county;



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1            (C) that is permitted, by the Agency, prior to July
2        10, 2015 (the effective date of Public Act 99-12); and
3            (D) for which a permit application is submitted to
4        the Agency within 6 months after July 10, 2015 (the
5        effective date of Public Act 99-12) for the disposal of
6        non-hazardous special waste; and .
7        (25) the portion of a site or facility that receives,
8    separates, stores, and converts post-use polymers into
9    crude oil, fuels, or other raw materials or intermediate or
10    final products or feedstocks using a pyrolysis or
11    gasification process and is regulated under the State's
12    air, water, and waste regulations applicable to
13    manufacturing facilities.
14    (b) A new pollution control facility is:
15        (1) a pollution control facility initially permitted
16    for development or construction after July 1, 1981; or
17        (2) the area of expansion beyond the boundary of a
18    currently permitted pollution control facility; or
19        (3) a permitted pollution control facility requesting
20    approval to store, dispose of, transfer or incinerate, for
21    the first time, any special or hazardous waste.
22(Source: P.A. 99-12, eff. 7-10-15; 99-440, eff. 8-21-15;
2399-642, eff. 7-28-16; 100-94, eff. 8-11-17.)
24    (415 ILCS 5/3.336 new)
25    Sec. 3.336. Post-use polymers. "Post-use polymers" means



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1plastic polymers that derive from any household, industrial,
2community, commercial, or other sources of operations or
3activities that might otherwise become a waste if not recycled
4or converted to manufacture crude oil, fuels, or other raw
5materials or intermediate or final products using pyrolysis or
6gasification. "Post-use polymers" may contain incidental
7contaminants or impurities such as paper labels or metal rings.
8"Post-use polymers" are not waste.
9    (415 ILCS 5/3.366 new)
10    Sec. 3.366. Pyrolysis. "Pyrolysis" means a manufacturing
11process through which post-use polymers are heated in the
12absence of oxygen until melted, and thermally decomposed, and
13are then cooled, condensed, and converted to:
14        (1) crude oil, diesel, gasoline, home heating oil, or
15    another fuel;
16        (2) feedstocks;
17        (3) diesel and gasoline blendstocks;
18        (4) chemicals, waxes, or lubricants; or
19        (5) other raw materials or intermediate or final
20    products.
21    "Pyrolysis" is not waste incineration or waste treatment.
22    (415 ILCS 5/3.367 new)
23    Sec. 3.367. Pyrolysis facility. "Pyrolysis facility" means
24a manufacturing facility that receives, separates, stores, and



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1converts post-use polymers using pyrolysis. A "pyrolysis
2facility" is not a pollution control facility, a solid waste
3treatment facility, or a solid waste incineration facility.
4    (415 ILCS 5/3.535)  (was 415 ILCS 5/3.53)
5    Sec. 3.535. Waste. "Waste" means any garbage, sludge from
6a waste treatment plant, water supply treatment plant, or air
7pollution control facility or other discarded material,
8including solid, liquid, semi-solid, or contained gaseous
9material resulting from industrial, commercial, mining and
10agricultural operations, and from community activities, but
11does not include solid or dissolved material in domestic
12sewage, or solid or dissolved materials in irrigation return
13flows, or coal combustion by-products as defined in Section
143.135, or post-use polymers or nonrecycled feedstocks
15processed through pyrolysis or gasification, or industrial
16discharges which are point sources subject to permits under
17Section 402 of the Federal Water Pollution Control Act, as now
18or hereafter amended, or source, special nuclear, or by-product
19materials as defined by the Atomic Energy Act of 1954, as
20amended (68 Stat. 921) or any solid or dissolved material from
21any facility subject to the Federal Surface Mining Control and
22Reclamation Act of 1977 (P.L. 95-87) or the rules and
23regulations thereunder or any law or rule or regulation adopted
24by the State of Illinois pursuant thereto.
25(Source: P.A. 92-574, eff. 6-26-02.)



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1    (415 ILCS 5/9.4)  (from Ch. 111 1/2, par. 1009.4)
2    Sec. 9.4. Municipal waste incineration emission standards.
3    (a) The General Assembly finds:
4        (1) That air pollution from municipal waste
5    incineration may constitute a threat to public health,
6    welfare and the environment. The amounts and kinds of
7    pollutants depend on the nature of the waste stream,
8    operating conditions of the incinerator, and the
9    effectiveness of emission controls. Under normal operating
10    conditions, municipal waste incinerators produce
11    pollutants such as organic compounds, metallic compounds
12    and acid gases which may be a threat to public health,
13    welfare and the environment.
14        (2) That a combustion and flue-gas control system,
15    which is properly designed, operated and maintained, can
16    substantially reduce the emissions of organic materials,
17    metallic compounds and acid gases from municipal waste
18    incineration.
19    (b) It is the purpose of this Section to insure that
20emissions from new municipal waste incineration facilities
21which burn a total of 25 tons or more of municipal waste per
22day are adequately controlled.
23    Such facilities shall be subject to emissions limits and
24operating standards based upon the application of Best
25Available Control Technology, as determined by the Agency, for



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1emissions of the following categories of pollutants:
2        (1) particulate matter, sulfur dioxide and nitrogen
3    oxides;
4        (2) acid gases;
5        (3) heavy metals; and
6        (4) organic materials.
7    (c) The Agency shall issue permits, pursuant to Section 39,
8to new municipal waste incineration facilities only if the
9Agency finds that such facilities are designed, constructed and
10operated so as to comply with the requirements prescribed by
11this Section.
12    Prior to adoption of Board regulations under subsection (d)
13of this Section the Agency may issue permits for the
14construction of new municipal waste incineration facilities.
15The Agency determination of Best Available Control Technology
16shall be based upon consideration of the specific pollutants
17named in subsection (d), and emissions of particulate matter,
18sulfur dioxide and nitrogen oxides.
19    Nothing in this Section shall limit the applicability of
20any other Sections of this Act, or of other standards or
21regulations adopted by the Board, to municipal waste
22incineration facilities. In issuing such permits, the Agency
23may prescribe those conditions necessary to assure continuing
24compliance with the emission limits and operating standards
25determined pursuant to subsection (b); such conditions may
26include the monitoring and reporting of emissions.



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1    (d) Within one year after July 1, 1986, the Board shall
2adopt regulations pursuant to Title VII of this Act, which
3define the terms in items (2), (3) and (4) of subsection (b) of
4this Section which are to be used by the Agency in making its
5determination pursuant to this Section. The provisions of
6Section 27(b) of this Act shall not apply to this rulemaking.
7    Such regulations shall be written so that the categories of
8pollutants include, but need not be limited to, the following
9specific pollutants:
10        (1) hydrogen chloride in the definition of acid gases;
11        (2) arsenic, cadmium, mercury, chromium, nickel and
12    lead in the definition of heavy metals; and
13        (3) polychlorinated dibenzo-p-dioxins, polychlorinated
14    dibenzofurans and polynuclear aromatic hydrocarbons in the
15    definition of organic materials.
16    (e) For the purposes of this Section, the term "Best
17Available Control Technology" means an emission limitation
18(including a visible emission standard) based on the maximum
19degree of pollutant reduction which the Agency, on a
20case-by-case basis, taking into account energy, environmental
21and economic impacts, determines is achievable through the
22application of production processes or available methods,
23systems and techniques, including fuel cleaning or treatment or
24innovative fuel combustion techniques. If the Agency
25determines that technological or economic limitations on the
26application of measurement methodology to a particular class of



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1sources would make the imposition of an emission standard not
2feasible, it may instead prescribe a design, equipment, work
3practice or operational standard, or combination thereof, to
4require the application of best available control technology.
5Such standard shall, to the degree possible, set forth the
6emission reduction achievable by implementation of such
7design, equipment, work practice or operation and shall provide
8for compliance by means which achieve equivalent results.
9    (f) "Municipal waste incineration" means the burning of
10municipal waste or fuel derived therefrom in a combustion
11apparatus designed to burn municipal waste that may produce
12electricity or steam as a by-product. A "new municipal waste
13incinerator" is an incinerator initially permitted for
14development or construction after January 1, 1986. As used in
15this Section, "municipal waste" or "municipal waste or fuel
16derived therefrom" do not include: (i) post-use polymers or
17nonrecycled feedstocks that are converted into crude oil or
18refined into fuels or feedstocks using a pyrolysis or
19gasification process; and (ii) non-hazardous secondary
20material that is excluded from solid waste when used
21legitimately as a fuel or ingredient in a combustion unit.
22    (g) The provisions of this Section shall not apply to
23industrial incineration facilities that burn waste generated
24at the same site.
25(Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)



SB3129- 20 -LRB100 19879 MJP 35159 b

1    (415 ILCS 5/22.16b)  (from Ch. 111 1/2, par. 1022.16b)
2    Sec. 22.16b. (a) Beginning January 1, 1991, the Agency
3shall assess and collect a fee from the owner or operator of
4each new municipal waste incinerator. The fee shall be
5calculated by applying the rates established from time to time
6for the disposal of solid waste at sanitary landfills under
7subdivision (b)(1) of Section 22.15 to the total amount of
8municipal waste accepted for incineration at the new municipal
9waste incinerator. The exemptions provided by this Act to the
10fees imposed under subsection (b) of Section 22.15 shall not
11apply to the fee imposed by this Section.
12    The owner or operator of any new municipal waste
13incinerator permitted after January 1, 1990, but before July 1,
141990 by the Agency for the development or operation of a new
15municipal waste incinerator shall be exempt from this fee, but
16shall include the following conditions:
17        (1) The owner or operator shall provide information
18    programs to those communities serviced by the owner or
19    operator concerning recycling and separation of waste not
20    suitable for incineration.
21        (2) The owner or operator shall provide information
22    programs to those communities serviced by the owner or
23    operator concerning the Agency's household hazardous waste
24    collection program and participation in that program.
25    For the purposes of this Section, "new municipal waste
26incinerator" means a municipal waste incinerator initially



SB3129- 21 -LRB100 19879 MJP 35159 b

1permitted for development or construction on or after January
21, 1990. As used in this Section, a "municipal waste
3incinerator" means a municipal waste incineration facility
4under Section 9.4.
5    Amounts collected under this subsection shall be deposited
6into the Municipal Waste Incinerator Tax Fund, which is hereby
7established as an interest-bearing special fund in the State
8Treasury. Monies in the Fund may be used, subject to
10        (1) by the Department of Commerce and Economic
11    Opportunity to fund its public information programs on
12    recycling in those communities served by new municipal
13    waste incinerators; and
14        (2) by the Agency to fund its household hazardous waste
15    collection activities in those communities served by new
16    municipal waste incinerators.
17    (b) Any permit issued by the Agency for the development or
18operation of a new municipal waste incinerator shall include
19the following conditions:
20        (1) The incinerator must be designed to provide
21    continuous monitoring while in operation, with direct
22    transmission of the resultant data to the Agency, until the
23    Agency determines the best available control technology
24    for monitoring the data. The Agency shall establish the
25    test methods, procedures and averaging periods, as
26    certified by the USEPA for solid waste incinerator units,



SB3129- 22 -LRB100 19879 MJP 35159 b

1    and the form and frequency of reports containing results of
2    the monitoring. Compliance and enforcement shall be based
3    on such reports. Copies of the results of such monitoring
4    shall be maintained on file at the facility concerned for
5    one year, and copies shall be made available for inspection
6    and copying by interested members of the public during
7    business hours.
8        (2) The facility shall comply with the emission limits
9    adopted by the Agency under subsection (c).
10        (3) The operator of the facility shall take reasonable
11    measures to ensure that waste accepted for incineration
12    complies with all legal requirements for incineration. The
13    incinerator operator shall establish contractual
14    requirements or other notification and inspection
15    procedures sufficient to assure compliance with this
16    subsection (b)(3) which may include, but not be limited to,
17    routine inspections of waste, lists of acceptable and
18    unacceptable waste provided to haulers and notification to
19    the Agency when the facility operator rejects and sends
20    loads away. The notification shall contain at least the
21    name of the hauler and the site from where the load was
22    hauled.
23        (4) The operator may not accept for incineration any
24    waste generated or collected in a municipality that has not
25    implemented a recycling plan or is party to an implemented
26    county plan, consistent with State goals and objectives.



SB3129- 23 -LRB100 19879 MJP 35159 b

1    Such plans shall include provisions for collecting,
2    recycling or diverting from landfills and municipal
3    incinerators landscape waste, household hazardous waste
4    and batteries. Such provisions may be performed at the site
5    of the new municipal incinerator.
6    The Agency, after careful scrutiny of a permit application
7for the construction, development or operation of a new
8municipal waste incinerator, shall deny the permit if (i) the
9Agency finds in the permit application noncompliance with the
10laws and rules of the State or (ii) the application indicates
11that the mandated air emissions standards will not be reached
12within six months of the proposed municipal waste incinerator
13beginning operation.
14    (c) The Agency shall adopt specific limitations on the
15emission of mercury, chromium, cadmium and lead, and good
16combustion practices, including temperature controls from
17municipal waste incinerators pursuant to Section 9.4 of the
19    (d) The Agency shall establish household hazardous waste
20collection centers in appropriate places in this State. The
21Agency may operate and maintain the centers itself or may
22contract with other parties for that purpose. The Agency shall
23ensure that the wastes collected are properly disposed of. The
24collection centers may charge fees for their services, not to
25exceed the costs incurred. Such collection centers shall not
26(i) be regulated as hazardous waste facilities under RCRA nor



SB3129- 24 -LRB100 19879 MJP 35159 b

1(ii) be subject to local siting approval under Section 39.2 if
2the local governing authority agrees to waive local siting
3approval procedures.
4(Source: P.A. 94-793, eff. 5-19-06.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.