093_HB1729eng

 
HB1729 Engrossed                     LRB093 05087 EFG 05147 b

 1        AN ACT in relation to 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
 5    by changing Section 22.14 as follows:

 6        (415 ILCS 5/22.14) (from Ch. 111 1/2, par. 1022.14)
 7        Sec. 22.14. Garbage transfer stations.
 8        (a)  No  person  may  establish  any  pollution   control
 9    facility  for  use  as  a  garbage transfer station, which is
10    located less than 1000 feet from the nearest  property  zoned
11    for  primarily  residential  uses  or within 1000 feet of any
12    dwelling,  except  in  counties   of   at   least   3,000,000
13    inhabitants.   In counties of at least 3,000,000 inhabitants,
14    no person may establish any pollution  control  facility  for
15    use  as a garbage transfer station which is located less than
16    1000 feet from  the  nearest  property  zoned  for  primarily
17    residential  uses,  provided,  however,  a  station  which is
18    located in an industrial area of 10 or more contiguous  acres
19    may  be  located within 1000 feet but no closer than 800 feet
20    from the nearest property  zoned  for  primarily  residential
21    uses.  However,  in  a county with over 300,000 and less than
22    350,000 inhabitants, a  station  used  for  the  transfer  or
23    separation  of  waste for recycling or disposal in a sanitary
24    landfill that is located in an industrial area of 10 or  more
25    acres  may be located within 1000 feet but no closer than 800
26    feet  from  the  nearest   property   zoned   for   primarily
27    residential uses.
28        (b)  This Section does not prohibit (i) any such facility
29    which  is  in  existence  on  January  1,  1988, nor (ii) any
30    facility in existence on January 1, 1988, as expanded  before
31    January  1,  1990,  to include processing and transferring of
 
HB1729 Engrossed            -2-      LRB093 05087 EFG 05147 b
 1    municipal wastes for both recycling  and  disposal  purposes,
 2    nor  (iii)  any such facility which becomes nonconforming due
 3    to a change in zoning or  the  establishment  of  a  dwelling
 4    which  occurs  after  the  establishment of the facility, nor
 5    (iv) any  facility  established  by  a  municipality  with  a
 6    population  in  excess  of  1,000,000,  nor  (v) any transfer
 7    facility operating on January 1, 1988.  No facility described
 8    in item (ii) shall, after July  14,  1995,  accept  landscape
 9    waste  and  other  municipal  waste in the same vehicle load.
10    However, the use of an existing pollution control facility as
11    a  garbage  transfer  station  shall  be  deemed  to  be  the
12    establishment of a new facility, and  shall  be   subject  to
13    subsection  (a),  if  such  facility  had  not been used as a
14    garbage transfer station within one year prior to January  1,
15    1988.
16        (c)  For   the   purposes   of  this  Section,  the  term
17    "established" shall be defined  as  the  date  on  which  the
18    applicant  files  its request for local siting approval.  The
19    changes to this Section made by this amendatory  Act  of  the
20    93rd  General Assembly are declaratory of existing law, shall
21    not be construed as a new enactment, and shall apply  to  all
22    pending  applications  where  appeals  to  the  Board and the
23    Courts have not been exhausted.
24    (Source: P.A. 88-681, eff. 12-22-94;  89-143,  eff.  7-14-95;
25    89-336, eff. 8-17-95; 89-626, eff. 8-9-96.)

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.