Illinois General Assembly - Full Text of SB2145
Illinois General Assembly

Previous General Assemblies

Full Text of SB2145  93rd General Assembly



SB2145 Enrolled LRB093 14719 BDD 40262 b

1     AN ACT concerning environmental protection.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
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
25     wastes are transported within or between sites or
26     facilities owned, controlled or operated by such person;
27         (4) sites or facilities at which the State is
28     performing removal or remedial action pursuant to Section
29     22.2 or 55.3;
30         (5) abandoned quarries used solely for the disposal of
31     concrete, earth materials, gravel, or aggregate debris
32     resulting from road construction activities conducted by a



SB2145 Enrolled - 2 - LRB093 14719 BDD 40262 b

1     unit of government or construction activities due to the
2     construction and installation of underground pipes, lines,
3     conduit or wires off of the premises of a public utility
4     company which are conducted by a public utility;
5         (6) sites or facilities used by any person to
6     specifically conduct a landscape composting operation;
7         (7) regional facilities as defined in the Central
8     Midwest Interstate Low-Level Radioactive Waste Compact;
9         (8) the portion of a site or facility where coal
10     combustion wastes are stored or disposed of in accordance
11     with subdivision (r)(2) or (r)(3) of Section 21;
12         (9) the portion of a site or facility used for the
13     collection, storage or processing of waste tires as defined
14     in Title XIV;
15         (10) the portion of a site or facility used for
16     treatment of petroleum contaminated materials by
17     application onto or incorporation into the soil surface and
18     any portion of that site or facility used for storage of
19     petroleum contaminated materials before treatment. Only
20     those categories of petroleum listed in Section 57.9(a)(3)
21     are exempt under this subdivision (10);
22         (11) the portion of a site or facility where used oil
23     is collected or stored prior to shipment to a recycling or
24     energy recovery facility, provided that the used oil is
25     generated by households or commercial establishments, and
26     the site or facility is a recycling center or a business
27     where oil or gasoline is sold at retail;
28         (12) the portion of a site or facility utilizing coal
29     combustion waste for stabilization and treatment of only
30     waste generated on that site or facility when used in
31     connection with response actions pursuant to the federal
32     Comprehensive Environmental Response, Compensation, and
33     Liability Act of 1980, the federal Resource Conservation
34     and Recovery Act of 1976, or the Illinois Environmental
35     Protection Act or as authorized by the Agency;
36         (13) the portion of a site or facility accepting



SB2145 Enrolled - 3 - LRB093 14719 BDD 40262 b

1     exclusively general construction or demolition debris,
2     located in a county with a population over 700,000, and
3     operated and located in accordance with Section 22.38 of
4     this Act; and
5             (14) the portion of a site or facility, located
6         within a unit of local government that has enacted
7         local zoning requirements, used to accept, separate,
8         and process uncontaminated broken concrete, with or
9         without protruding metal bars, provided that the
10         uncontaminated broken concrete and metal bars are not
11         speculatively accumulated, are at the site or facility
12         no longer than one year after their acceptance, and are
13         returned to the economic mainstream in the form of raw
14         materials or products.
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. 92-574, eff. 6-26-02.)
24     Section 99. Effective date. This Act takes effect upon
25 becoming law.