Full Text of SB1698 99th General Assembly
SB1698 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1698 Introduced 2/20/2015, by Sen. Scott M. Bennett SYNOPSIS AS INTRODUCED: |
| 415 ILCS 5/21 | from Ch. 111 1/2, par. 1021 |
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Amends the Environmental Protection Act. Prohibits the disposal of (1) Manufactured Gas Plant waste in specified levels and (2) Polychlorinated Biphenyl waste in any landfill whose run off goes into the Mahomet Aquifer.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 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 21 as follows:
| 6 | | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
| 7 | | Sec. 21. Prohibited acts. No person shall:
| 8 | | (a) Cause or allow the open dumping of any waste.
| 9 | | (b) Abandon, dump, or deposit any waste upon the public | 10 | | highways or
other public property, except in a sanitary | 11 | | landfill approved by the
Agency pursuant to regulations adopted | 12 | | by the Board.
| 13 | | (c) Abandon any vehicle in violation of the "Abandoned | 14 | | Vehicles
Amendment to the Illinois Vehicle Code", as enacted by | 15 | | the 76th General
Assembly.
| 16 | | (d) Conduct any waste-storage, waste-treatment, or | 17 | | waste-disposal
operation:
| 18 | | (1) without a permit granted by the Agency or in | 19 | | violation of any
conditions imposed by such permit, | 20 | | including periodic reports and full
access to adequate | 21 | | records and the inspection of facilities, as may be
| 22 | | necessary to assure compliance with this Act and with | 23 | | regulations and
standards adopted thereunder; provided, |
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| 1 | | however, that, except for municipal
solid waste landfill | 2 | | units that receive waste on or after October 9, 1993,
no | 3 | | permit shall be
required for (i) any person conducting a | 4 | | waste-storage, waste-treatment, or
waste-disposal | 5 | | operation for wastes generated by such person's own
| 6 | | activities which are stored, treated, or disposed within | 7 | | the site where
such wastes are generated, or (ii)
a | 8 | | facility located in a county with a
population over 700,000 | 9 | | as of January 1, 2000, operated and located in accordance | 10 | | with
Section 22.38 of this Act, and used exclusively for | 11 | | the transfer, storage, or
treatment of general | 12 | | construction or demolition debris, provided that the | 13 | | facility was receiving construction or demolition debris | 14 | | on the effective date of this amendatory Act of the 96th | 15 | | General Assembly;
| 16 | | (2) in violation of any regulations or standards | 17 | | adopted by the
Board under this Act; or
| 18 | | (3) which receives waste after August 31, 1988, does | 19 | | not have a permit
issued by the Agency, and is (i) a | 20 | | landfill used exclusively for the
disposal of waste | 21 | | generated at the site, (ii) a surface impoundment
receiving | 22 | | special waste not listed in an NPDES permit, (iii) a waste | 23 | | pile
in which the total volume of waste is greater than 100 | 24 | | cubic yards or the
waste is stored for over one year, or | 25 | | (iv) a land treatment facility
receiving special waste | 26 | | generated at the site; without giving notice of the
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| 1 | | operation to the Agency by January 1, 1989, or 30 days | 2 | | after the date on
which the operation commences, whichever | 3 | | is later, and every 3 years
thereafter. The form for such | 4 | | notification shall be specified by the
Agency, and shall be | 5 | | limited to information regarding: the name and address
of | 6 | | the location of the operation; the type of operation; the | 7 | | types and
amounts of waste stored, treated or disposed of | 8 | | on an annual basis; the
remaining capacity of the | 9 | | operation; and the remaining expected life of
the | 10 | | operation.
| 11 | | Item (3) of this subsection (d) shall not apply to any | 12 | | person
engaged in agricultural activity who is disposing of a | 13 | | substance that
constitutes solid waste, if the substance was | 14 | | acquired for use by that
person on his own property, and the | 15 | | substance is disposed of on his own
property in accordance with | 16 | | regulations or standards adopted by the Board.
| 17 | | This subsection (d) shall not apply to hazardous waste.
| 18 | | (e) Dispose, treat, store or abandon any waste, or | 19 | | transport any waste
into this State for disposal, treatment, | 20 | | storage or abandonment, except at
a site or facility which | 21 | | meets the requirements of this Act and of
regulations and | 22 | | standards thereunder.
| 23 | | (f) Conduct any hazardous waste-storage, hazardous | 24 | | waste-treatment or
hazardous waste-disposal operation:
| 25 | | (1) without a RCRA permit for the site issued by the | 26 | | Agency under
subsection (d) of Section 39 of this Act, or |
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| 1 | | in violation of any condition
imposed by such permit, | 2 | | including periodic reports and full access to
adequate | 3 | | records and the inspection of facilities, as may be | 4 | | necessary to
assure compliance with this Act and with | 5 | | regulations and standards adopted
thereunder; or
| 6 | | (2) in violation of any regulations or standards | 7 | | adopted by the Board
under this Act; or
| 8 | | (3) in violation of any RCRA permit filing requirement | 9 | | established under
standards adopted by the Board under this | 10 | | Act; or
| 11 | | (4) in violation of any order adopted by the Board | 12 | | under this Act.
| 13 | | Notwithstanding the above, no RCRA permit shall be required | 14 | | under this
subsection or subsection (d) of Section 39 of this | 15 | | Act for any
person engaged in agricultural activity who is | 16 | | disposing of a substance
which has been identified as a | 17 | | hazardous waste, and which has been
designated by Board | 18 | | regulations as being subject to this exception, if the
| 19 | | substance was acquired for use by that person on his own | 20 | | property and the
substance is disposed of on his own property | 21 | | in accordance with regulations
or standards adopted by the | 22 | | Board.
| 23 | | (g) Conduct any hazardous waste-transportation operation:
| 24 | | (1) without registering with and obtaining a special | 25 | | waste hauling permit from the Agency in
accordance with the | 26 | | regulations adopted by the Board under this Act; or
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| 1 | | (2) in violation of any regulations or standards | 2 | | adopted by
the
Board under this Act.
| 3 | | (h) Conduct any hazardous waste-recycling or hazardous | 4 | | waste-reclamation
or hazardous waste-reuse operation in | 5 | | violation of any regulations, standards
or permit requirements | 6 | | adopted by the Board under this Act.
| 7 | | (i) Conduct any process or engage in any act which produces | 8 | | hazardous
waste in violation of any regulations or standards | 9 | | adopted by the Board
under subsections (a) and (c) of Section | 10 | | 22.4 of this Act.
| 11 | | (j) Conduct any special waste transportation operation in | 12 | | violation
of any regulations, standards or permit requirements | 13 | | adopted by the Board
under this Act. However, sludge from a | 14 | | water or sewage treatment plant
owned and operated by a unit of | 15 | | local government which (1) is subject to a
sludge management | 16 | | plan approved by the Agency or a permit granted by the
Agency, | 17 | | and (2) has been tested and determined not to be a hazardous | 18 | | waste
as required by applicable State and federal laws and | 19 | | regulations, may be
transported in this State without a special | 20 | | waste hauling permit, and the
preparation and carrying of a | 21 | | manifest shall not be required for such
sludge under the rules | 22 | | of the Pollution Control Board. The unit of local
government | 23 | | which operates the treatment plant producing such sludge shall
| 24 | | file a semiannual report with the Agency identifying the volume | 25 | | of such
sludge transported during the reporting period, the | 26 | | hauler of the sludge,
and the disposal sites to which it was |
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| 1 | | transported. This subsection (j)
shall not apply to hazardous | 2 | | waste.
| 3 | | (k) Fail or refuse to pay any fee imposed under this Act.
| 4 | | (l) Locate a hazardous waste disposal site above an active | 5 | | or
inactive shaft or tunneled mine or within 2 miles of an | 6 | | active fault in
the earth's crust. In counties of population | 7 | | less than 225,000 no
hazardous waste disposal site shall be | 8 | | located (1) within 1 1/2 miles of
the corporate limits as | 9 | | defined on June 30, 1978, of any municipality
without the | 10 | | approval of the governing body of the municipality in an
| 11 | | official action; or (2) within 1000 feet of an existing private | 12 | | well or
the existing source of a public water supply measured | 13 | | from the boundary
of the actual active permitted site and | 14 | | excluding existing private wells
on the property of the permit | 15 | | applicant. The provisions of this
subsection do not apply to | 16 | | publicly-owned sewage works or the disposal
or utilization of | 17 | | sludge from publicly-owned sewage works.
| 18 | | (m) Transfer interest in any land which has been used as a
| 19 | | hazardous waste disposal site without written notification to | 20 | | the Agency
of the transfer and to the transferee of the | 21 | | conditions imposed by the Agency
upon its use under subsection | 22 | | (g) of Section 39.
| 23 | | (n) Use any land which has been used as a hazardous waste
| 24 | | disposal site except in compliance with conditions imposed by | 25 | | the Agency
under subsection (g) of Section 39.
| 26 | | (o) Conduct a sanitary landfill operation which is required |
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| 1 | | to have a
permit under subsection (d) of this Section, in a | 2 | | manner which results in
any of the following conditions:
| 3 | | (1) refuse in standing or flowing waters;
| 4 | | (2) leachate flows entering waters of the State;
| 5 | | (3) leachate flows exiting the landfill confines (as | 6 | | determined by the
boundaries established for the landfill | 7 | | by a permit issued by the Agency);
| 8 | | (4) open burning of refuse in violation of Section 9 of | 9 | | this Act;
| 10 | | (5) uncovered refuse remaining from any previous | 11 | | operating day or at the
conclusion of any operating day, | 12 | | unless authorized by permit;
| 13 | | (6) failure to provide final cover within time limits | 14 | | established by
Board regulations;
| 15 | | (7) acceptance of wastes without necessary permits;
| 16 | | (8) scavenging as defined by Board regulations;
| 17 | | (9) deposition of refuse in any unpermitted portion of | 18 | | the landfill;
| 19 | | (10) acceptance of a special waste without a required | 20 | | manifest;
| 21 | | (11) failure to submit reports required by permits or | 22 | | Board regulations;
| 23 | | (12) failure to collect and contain litter from the | 24 | | site by the end of
each operating day;
| 25 | | (13) failure to submit any cost estimate for the site | 26 | | or any performance
bond or other security for the site as |
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| 1 | | required by this Act or Board rules.
| 2 | | The prohibitions specified in this subsection (o) shall be | 3 | | enforceable by
the Agency either by administrative citation | 4 | | under Section 31.1 of this Act
or as otherwise provided by this | 5 | | Act. The specific prohibitions in this
subsection do not limit | 6 | | the power of the Board to establish regulations
or standards | 7 | | applicable to sanitary landfills.
| 8 | | (p) In violation of subdivision (a) of this Section, cause | 9 | | or allow the
open dumping of any waste in a manner which | 10 | | results in any of the following
occurrences at the dump site:
| 11 | | (1) litter;
| 12 | | (2) scavenging;
| 13 | | (3) open burning;
| 14 | | (4) deposition of waste in standing or flowing waters;
| 15 | | (5) proliferation of disease vectors;
| 16 | | (6) standing or flowing liquid discharge from the dump | 17 | | site;
| 18 | | (7) deposition of:
| 19 | | (i) general construction or demolition debris as | 20 | | defined in Section
3.160(a) of this Act; or
| 21 | | (ii) clean construction or demolition debris as | 22 | | defined in Section
3.160(b) of this Act.
| 23 | | The prohibitions specified in this subsection (p) shall be
| 24 | | enforceable by the Agency either by administrative citation | 25 | | under Section
31.1 of this Act or as otherwise provided by this | 26 | | Act. The specific
prohibitions in this subsection do not limit |
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| 1 | | the power of the Board to
establish regulations or standards | 2 | | applicable to open dumping.
| 3 | | (q) Conduct a landscape waste composting operation without | 4 | | an Agency
permit, provided, however, that no permit shall be | 5 | | required for any person:
| 6 | | (1) conducting a landscape waste composting operation | 7 | | for landscape
wastes generated by such person's own | 8 | | activities which are stored, treated,
or disposed of within | 9 | | the site where such wastes are generated; or
| 10 | | (1.5) conducting a landscape waste composting | 11 | | operation that (i) has no more than 25 cubic yards of | 12 | | landscape waste, composting additives, composting | 13 | | material, or end-product compost on-site at any one time | 14 | | and (ii) is not engaging in commercial activity; or
| 15 | | (2) applying landscape waste or composted landscape | 16 | | waste at agronomic
rates; or
| 17 | | (2.5) operating a landscape waste composting facility | 18 | | at a site having 10 or more occupied non-farm residences | 19 | | within 1/2 mile of its boundaries, if the facility meets | 20 | | all of the following criteria: | 21 | | (A) the composting facility is operated by the | 22 | | farmer on property on which the composting material is | 23 | | utilized, and the composting facility
constitutes no | 24 | | more than 2% of the site's total acreage; | 25 | | (A-5) any composting additives that the composting | 26 | | facility accepts and uses at the facility are necessary |
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| 1 | | to provide proper conditions for composting and do not | 2 | | exceed 10% of the total composting material at the | 3 | | facility at any one time; | 4 | | (B) the property on which the composting facility | 5 | | is located, and any associated property on which the | 6 | | compost is used, is principally and diligently devoted | 7 | | to the production of agricultural crops and is not | 8 | | owned, leased, or otherwise controlled by any waste | 9 | | hauler or generator of nonagricultural compost | 10 | | materials, and the operator of the composting facility | 11 | | is not an employee, partner, shareholder, or in any way | 12 | | connected with or controlled by any such waste hauler | 13 | | or generator; | 14 | | (C) all compost generated by the composting | 15 | | facility is applied at agronomic rates and used as | 16 | | mulch, fertilizer, or soil conditioner on land | 17 | | actually farmed by the person operating the composting | 18 | | facility, and the finished compost is not stored at the | 19 | | composting site for a period longer than 18 months | 20 | | prior to its application as mulch, fertilizer, or soil | 21 | | conditioner; | 22 | | (D) no fee is charged for the acceptance of | 23 | | materials to be composted at the facility; and | 24 | | (E) the owner or operator, by January 1, 2014 (or | 25 | | the January 1
following commencement of operation, | 26 | | whichever is later) and January 1 of
each year |
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| 1 | | thereafter, registers the site with the Agency, (ii) | 2 | | reports to the Agency on the volume of composting | 3 | | material received and used at the site; (iii) certifies | 4 | | to the Agency that the site complies with the
| 5 | | requirements set forth in subparagraphs (A), (A-5), | 6 | | (B), (C), and (D) of this paragraph
(2.5); and (iv) | 7 | | certifies to the Agency that all composting material | 8 | | was placed more than 200 feet from the nearest potable | 9 | | water supply well, was placed outside the boundary of | 10 | | the 10-year floodplain or on a part of the site that is | 11 | | floodproofed, was placed at least 1/4 mile from the | 12 | | nearest residence (other than a residence located on | 13 | | the same property as the facility) or a lesser distance | 14 | | from the nearest residence (other than a residence | 15 | | located on the same property as the facility) if the | 16 | | municipality in which the facility is located has by | 17 | | ordinance approved a lesser distance than 1/4 mile, and | 18 | | was placed more than 5 feet above the water table; any | 19 | | ordinance approving a residential setback of less than | 20 | | 1/4 mile that is used to meet the requirements of this | 21 | | subparagraph (E) of paragraph (2.5) of this subsection | 22 | | must specifically reference this paragraph; or
| 23 | | (3) operating a landscape waste composting facility on | 24 | | a farm, if the
facility meets all of the following | 25 | | criteria:
| 26 | | (A) the composting facility is operated by the |
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| 1 | | farmer on property on
which the composting material is | 2 | | utilized, and the composting facility
constitutes no | 3 | | more than 2% of the property's total acreage, except | 4 | | that
the Board may allow a higher percentage for | 5 | | individual sites where the owner
or operator has | 6 | | demonstrated to the Board that the site's soil
| 7 | | characteristics or crop needs require a higher rate;
| 8 | | (A-1) the composting facility accepts from other | 9 | | agricultural operations for composting with landscape | 10 | | waste no materials other than uncontaminated and | 11 | | source-separated (i) crop residue and other | 12 | | agricultural plant residue generated from the | 13 | | production and harvesting of crops and other customary | 14 | | farm practices, including, but not limited to, stalks, | 15 | | leaves, seed pods, husks, bagasse, and roots and (ii) | 16 | | plant-derived animal bedding, such as straw or | 17 | | sawdust, that is free of manure and was not made from | 18 | | painted or treated wood; | 19 | | (A-2) any composting additives that the composting | 20 | | facility accepts and uses at the facility are necessary | 21 | | to provide proper conditions for composting and do not | 22 | | exceed 10% of the total composting material at the | 23 | | facility at any one time;
| 24 | | (B) the property on which the composting facility | 25 | | is located, and any
associated property on which the | 26 | | compost is used, is principally and
diligently devoted |
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| 1 | | to the production of agricultural crops and
is not | 2 | | owned, leased or otherwise controlled by any waste | 3 | | hauler
or generator of nonagricultural compost | 4 | | materials, and the operator of the
composting facility | 5 | | is not an employee, partner, shareholder, or in any way
| 6 | | connected with or controlled by any such waste hauler | 7 | | or generator;
| 8 | | (C) all compost generated by the composting | 9 | | facility is applied at
agronomic rates and used as | 10 | | mulch, fertilizer or soil conditioner on land
actually | 11 | | farmed by the person operating the composting | 12 | | facility, and the
finished compost is not stored at the | 13 | | composting site for a period longer
than 18 months | 14 | | prior to its application as mulch, fertilizer, or soil | 15 | | conditioner;
| 16 | | (D) the owner or operator, by January 1 of
each | 17 | | year, (i) registers the site with the Agency, (ii) | 18 | | reports
to the Agency on the volume of composting | 19 | | material received and used at the
site, (iii) certifies | 20 | | to the Agency that the site complies with the
| 21 | | requirements set forth in subparagraphs (A), (A-1), | 22 | | (A-2), (B), and (C) of this paragraph
(q)(3), and (iv) | 23 | | certifies to the Agency that all composting material: | 24 | | (I) was
placed more than 200 feet from the | 25 | | nearest potable water supply well; | 26 | | (II) was
placed outside the boundary of the |
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| 1 | | 10-year floodplain or on a part of the
site that is | 2 | | floodproofed; | 3 | | (III) was placed either (aa) at least 1/4 mile | 4 | | from the nearest
residence (other than a residence | 5 | | located on the same property as the
facility) and | 6 | | there are not more than 10 occupied non-farm | 7 | | residences
within 1/2 mile of the boundaries of the | 8 | | site on the date of application or (bb) a lesser | 9 | | distance from the nearest residence (other than a | 10 | | residence located on the same property as the | 11 | | facility) provided that the municipality or county | 12 | | in which the facility is located has by ordinance | 13 | | approved a lesser distance than 1/4 mile and there | 14 | | are not more than 10 occupied non-farm residences
| 15 | | within 1/2 mile of the boundaries of the site on | 16 | | the date of application;
and | 17 | | (IV) was placed more than 5 feet above the | 18 | | water table. | 19 | | Any ordinance approving a residential setback of | 20 | | less than 1/4 mile that is used to meet the | 21 | | requirements of this subparagraph (D) must | 22 | | specifically reference this subparagraph.
| 23 | | For the purposes of this subsection (q), "agronomic rates" | 24 | | means the
application of not more than 20 tons per acre per | 25 | | year, except that the
Board may allow a higher rate for | 26 | | individual sites where the owner or
operator has demonstrated |
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| 1 | | to the Board that the site's soil
characteristics or crop needs | 2 | | require a higher rate.
| 3 | | (r) Cause or allow the storage or disposal of coal | 4 | | combustion
waste unless:
| 5 | | (1) such waste is stored or disposed of at a site or
| 6 | | facility for which
a permit has been obtained or is not | 7 | | otherwise required under subsection
(d) of this Section; or
| 8 | | (2) such waste is stored or disposed of as a part of
| 9 | | the design and
reclamation of a site or facility which is | 10 | | an abandoned mine site in
accordance with the Abandoned | 11 | | Mined Lands and Water Reclamation Act; or
| 12 | | (3) such waste is stored or disposed of at a site or
| 13 | | facility which is
operating under NPDES and Subtitle D | 14 | | permits issued by the Agency pursuant
to regulations | 15 | | adopted by the Board for mine-related water pollution and
| 16 | | permits issued pursuant to the Federal Surface Mining | 17 | | Control and
Reclamation Act of 1977 (P.L. 95-87) or the | 18 | | rules and regulations
thereunder or any law or rule or | 19 | | regulation adopted by the State of
Illinois pursuant | 20 | | thereto, and the owner or operator of the facility agrees
| 21 | | to accept the waste; and either
| 22 | | (i) such waste is stored or disposed of in | 23 | | accordance
with requirements
applicable to refuse | 24 | | disposal under regulations adopted by the Board for
| 25 | | mine-related water pollution and pursuant to NPDES and | 26 | | Subtitle D permits
issued by the Agency under such |
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| 1 | | regulations; or
| 2 | | (ii) the owner or operator of the facility | 3 | | demonstrates all of the
following to the Agency, and | 4 | | the facility is operated in accordance with
the | 5 | | demonstration as approved by the Agency: (1) the | 6 | | disposal area will be
covered in a manner that will | 7 | | support continuous vegetation, (2) the
facility will | 8 | | be adequately protected from wind and water erosion, | 9 | | (3) the
pH will be maintained so as to prevent | 10 | | excessive leaching of metal ions,
and (4) adequate | 11 | | containment or other measures will be provided to | 12 | | protect
surface water and groundwater from | 13 | | contamination at levels prohibited by
this Act, the | 14 | | Illinois Groundwater Protection Act, or regulations | 15 | | adopted
pursuant thereto.
| 16 | | Notwithstanding any other provision of this Title, the | 17 | | disposal of coal
combustion waste pursuant to item (2) or (3) | 18 | | of this
subdivision (r) shall
be exempt from the other | 19 | | provisions of this Title V, and notwithstanding
the provisions | 20 | | of Title X of this Act, the Agency is authorized to grant
| 21 | | experimental permits which include provision for the disposal | 22 | | of
wastes from the combustion of coal and other materials | 23 | | pursuant to items
(2) and (3) of this subdivision (r).
| 24 | | (s) After April 1, 1989, offer for transportation, | 25 | | transport, deliver,
receive or accept special waste for which a | 26 | | manifest is required, unless
the manifest indicates that the |
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| 1 | | fee required under Section 22.8 of this
Act has been paid.
| 2 | | (t) Cause or allow a lateral expansion of a municipal solid | 3 | | waste landfill
unit on or after October 9, 1993, without a | 4 | | permit modification, granted by the
Agency, that authorizes the | 5 | | lateral expansion.
| 6 | | (u) Conduct any vegetable by-product treatment, storage, | 7 | | disposal or
transportation operation in violation of any | 8 | | regulation, standards or permit
requirements adopted by the | 9 | | Board under this Act. However, no permit shall be
required | 10 | | under this Title V for the land application of vegetable | 11 | | by-products
conducted pursuant to Agency permit issued under | 12 | | Title III of this Act to
the generator of the vegetable | 13 | | by-products. In addition, vegetable by-products
may be | 14 | | transported in this State without a special waste hauling | 15 | | permit, and
without the preparation and carrying of a manifest.
| 16 | | (v) (Blank).
| 17 | | (w) Conduct any generation, transportation, or recycling | 18 | | of construction or
demolition debris, clean or general, or | 19 | | uncontaminated soil generated during
construction, remodeling, | 20 | | repair, and demolition of utilities, structures, and
roads that | 21 | | is not commingled with any waste, without the maintenance of
| 22 | | documentation identifying the hauler, generator, place of | 23 | | origin of the debris
or soil, the weight or volume of the | 24 | | debris or soil, and the location, owner,
and operator of the | 25 | | facility where the debris or soil was transferred,
disposed, | 26 | | recycled, or treated. This documentation must be maintained by |
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| 1 | | the
generator, transporter, or recycler for 3 years.
This | 2 | | subsection (w) shall not apply to (1) a permitted pollution | 3 | | control
facility that transfers or accepts construction or | 4 | | demolition debris,
clean or general, or uncontaminated soil for | 5 | | final disposal, recycling, or
treatment, (2) a public utility | 6 | | (as that term is defined in the Public
Utilities Act) or a | 7 | | municipal utility, (3) the Illinois Department of
| 8 | | Transportation, or (4) a municipality or a county highway | 9 | | department, with
the exception of any municipality or county | 10 | | highway department located within a
county having a population | 11 | | of over 3,000,000 inhabitants or located in a county
that
is | 12 | | contiguous to a county having a population of over 3,000,000 | 13 | | inhabitants;
but it shall apply to an entity that contracts | 14 | | with a public utility, a
municipal utility, the Illinois | 15 | | Department of Transportation, or a
municipality or a county | 16 | | highway department.
The terms
"generation" and "recycling" as
| 17 | | used in this subsection do not
apply to clean construction or | 18 | | demolition debris
when (i) used as fill material below grade | 19 | | outside of a setback zone
if covered by sufficient | 20 | | uncontaminated soil to support vegetation within 30
days of the | 21 | | completion of filling or if covered by a road or structure, | 22 | | (ii)
solely broken concrete without
protruding metal bars is | 23 | | used for erosion control, or (iii) milled
asphalt or crushed | 24 | | concrete is used as aggregate in construction of the
shoulder | 25 | | of a roadway. The terms "generation" and "recycling", as used | 26 | | in this
subsection, do not apply to uncontaminated soil
that is |
| | | SB1698 | - 19 - | LRB099 10889 MGM 31212 b |
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| 1 | | not commingled with any waste when (i) used as fill material | 2 | | below
grade or contoured to grade, or (ii) used at the site of | 3 | | generation.
| 4 | | (x) Conduct any disposal of Manufactured Gas Plant (MGP) | 5 | | waste exceeding the regulatory levels specified in 35 Ill. Adm. | 6 | | Code 721.124(b), or Polychlorinated Biphenyl (PCB) waste as | 7 | | defined in 40 C.F.R. 761.3 in any landfill whose runoff goes | 8 | | into the Mahomet Aquifer. | 9 | | (Source: P.A. 97-220, eff. 7-28-11; 98-239, eff. 8-9-13; | 10 | | 98-484, eff. 8-16-13; 98-756, eff. 7-16-14.)
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