SB2145 Engrossed 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



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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



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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 within
6 a unit of local government that has enacted local zoning
7 requirements, that:
8             (A) accepts uncontaminated broken concrete with or
9 without protruding metal bars for separation and
10 processing; and
11             (B) provided these materials are not speculatively
12 accumulated, returns these materials to the economic
13 mainstream in the form of raw materials or products.
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. 92-574, eff. 6-26-02.)
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.