Full Text of HB0914 93rd General Assembly
HB0914sam003 93RD GENERAL ASSEMBLY
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Sen. Jeffrey M. Schoenberg
Filed: 11/12/2004
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09300HB0914sam003 |
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LRB093 05416 RSP 53930 a |
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| AMENDMENT TO HOUSE BILL 914
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| AMENDMENT NO. ______. Amends House Bill 914 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 9 as follows:
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| (415 ILCS 5/9) (from Ch. 111 1/2, par. 1009)
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| Sec. 9. Acts prohibited. No person shall:
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| (a) Cause or threaten or allow the discharge or emission of | 9 |
| any
contaminant into the environment in any State so as to | 10 |
| cause or tend to
cause air pollution in Illinois, either alone | 11 |
| or in combination with
contaminants from other sources, or so | 12 |
| as to violate regulations or
standards adopted by the Board | 13 |
| under this Act;
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| (b) Construct, install, or operate any equipment, | 15 |
| facility, vehicle,
vessel, or aircraft capable of causing or | 16 |
| contributing to air pollution or
designed to prevent air | 17 |
| pollution, of any type designated by Board
regulations, without | 18 |
| a permit granted by the Agency, or in violation of any
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| conditions imposed by such permit;
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| (c) Cause or allow the open burning of refuse, conduct any | 21 |
| salvage
operation by open burning, or cause or allow the | 22 |
| burning of any refuse in
any chamber not specifically designed | 23 |
| for the purpose and approved by the
Agency pursuant to | 24 |
| regulations adopted by the Board under this Act; except
that |
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| the Board may adopt regulations permitting open burning of | 2 |
| refuse in
certain cases upon a finding that no harm will result | 3 |
| from such burning, or
that any alternative method of disposing | 4 |
| of such refuse would create a
safety hazard so extreme as to | 5 |
| justify the pollution that would result from
such burning;
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| (d) Sell, offer, or use any fuel or other article in any | 7 |
| areas in which
the Board may by regulation forbid its sale, | 8 |
| offer, or use for reasons of
air-pollution control;
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| (e) Use, cause or allow the spraying of loose asbestos for | 10 |
| the purpose
of fireproofing or insulating any building or | 11 |
| building material or other
constructions, or otherwise use | 12 |
| asbestos in such unconfined manner as to
permit asbestos fibers | 13 |
| or particles to pollute the air;
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| (f) Commencing July 1, 1985, sell any used oil for burning | 15 |
| or incineration
in any incinerator, boiler, furnace, burner or | 16 |
| other equipment unless such
oil meets standards based on virgin | 17 |
| fuel oil or re-refined oil, as defined
in ASTM D-396 or | 18 |
| specifications under VV-F-815C promulgated pursuant to the
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| federal Energy Policy and Conservation Act, and meets the | 20 |
| manufacturer's
and current NFDA code standards for which such | 21 |
| incinerator, boiler,
furnace, burner or other equipment was | 22 |
| approved, except that this
prohibition does not apply to a sale | 23 |
| to a permitted used oil re-refining or
reprocessing facility or | 24 |
| sale to a facility permitted by the Agency to burn
or | 25 |
| incinerate such oil ;
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| (g) On and after the effective date of this amendatory Act | 27 |
| of the 93rd General Assembly, burn or incinerate at any | 28 |
| hospital, or at any site or facility owned or operated by any | 29 |
| owner or operator of any hospital, any waste generated at any | 30 |
| hospital. For purposes of this subsection, the term "hospital" | 31 |
| means a "hospital" as that term is defined in 35 Ill. Admin. | 32 |
| Code 229.102 that is subject to the emission standards | 33 |
| established under 35 Ill. Admin. Code 229.
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| Nothing herein shall limit the effect of any section of |
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| this Title with
respect to any form of asbestos, or the | 2 |
| spraying of any form of asbestos,
or limit the power of the | 3 |
| Board under this Title to adopt additional and
further | 4 |
| regulations with respect to any form of asbestos, or the | 5 |
| spraying
of any form of asbestos.
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| This Section shall not limit the burning of landscape waste | 7 |
| upon the
premises where it is produced or at sites provided and | 8 |
| supervised by any
unit of local government, except within any | 9 |
| county having a population of
more than 400,000. Nothing in | 10 |
| this Section shall prohibit the burning of
landscape waste for | 11 |
| agricultural purposes, habitat management (including but
not | 12 |
| limited to forest and prairie reclamation), or firefighter | 13 |
| training. For
the purposes of this Act, the burning of | 14 |
| landscape waste by production
nurseries shall be considered to | 15 |
| be burning for agricultural purposes.
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| Any grain elevator located outside of a major population | 17 |
| area, as defined
in Section 211.3610 of Title 35 of the | 18 |
| Illinois Administrative Code, shall be
exempt from the | 19 |
| requirements of Section 212.462 of Title 35 of the
Illinois | 20 |
| Administrative Code provided that the elevator: (1) does not | 21 |
| violate
the prohibitions of subsection (a) of this Section or | 22 |
| have a certified
investigation, as defined in Section 211.970 | 23 |
| of Title 35 of the Illinois
Administrative Code, on file with | 24 |
| the Agency and (2) is not required to obtain
a Clean Air Act | 25 |
| Permit Program permit pursuant to Section 39.5.
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| Notwithstanding the above exemption, new stationary source | 27 |
| performance
standards for grain elevators,
established | 28 |
| pursuant to Section 9.1 of this Act and Section 111 of the | 29 |
| federal
Clean Air Act, shall continue to apply to grain | 30 |
| elevators.
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| (Source: P.A. 88-488; 89-328, eff. 8-17-95; 89-491, eff. | 32 |
| 6-21-96.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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