Full Text of HB0414 94th General Assembly
HB0414sam001 94TH GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 5/10/2005
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09400HB0414sam001 |
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LRB094 06634 RSP 46233 a |
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| AMENDMENT TO HOUSE BILL 414
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| AMENDMENT NO. ______. Amend House Bill 414 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The State Finance Act is amended by adding | 5 |
| Section
5.640 and by changing Section 8h as follows:
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| (30 ILCS 105/5.640 new)
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| Sec. 5.640. The Private Sewage Disposal Program Fund.
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| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 10 |
| (a) Except as provided in subsection (b), notwithstanding | 11 |
| any other
State law to the contrary, the Governor
may, through | 12 |
| June 30, 2007, from time to time direct the State Treasurer and | 13 |
| Comptroller to transfer
a specified sum from any fund held by | 14 |
| the State Treasurer to the General
Revenue Fund in order to | 15 |
| help defray the State's operating costs for the
fiscal year. | 16 |
| The total transfer under this Section from any fund in any
| 17 |
| fiscal year shall not exceed the lesser of (i) 8% of the | 18 |
| revenues to be deposited
into the fund during that fiscal year | 19 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 20 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 21 |
| 2005 only, prior to calculating the July 1, 2004 final | 22 |
| balances, the Governor may calculate and direct the State | 23 |
| Treasurer with the Comptroller to transfer additional amounts |
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| determined by applying the formula authorized in Public Act | 2 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 3 |
| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an | 5 |
| amount less than
the amount remaining unexpended and unreserved | 6 |
| from the total appropriation
from that fund estimated to be | 7 |
| expended for that fiscal year. This Section does not apply to | 8 |
| any
funds that are restricted by federal law to a specific use, | 9 |
| to any funds in
the Motor Fuel Tax Fund, the Hospital Provider | 10 |
| Fund, the Medicaid Provider Relief Fund, the Private Sewage | 11 |
| Disposal Program Fund, or the Reviewing Court Alternative | 12 |
| Dispute Resolution Fund, or to any
funds to which subsection | 13 |
| (f) of Section 20-40 of the Nursing and Advanced Practice | 14 |
| Nursing Act applies. Notwithstanding any
other provision of | 15 |
| this Section, for fiscal year 2004,
the total transfer under | 16 |
| this Section from the Road Fund or the State
Construction | 17 |
| Account Fund shall not exceed the lesser of (i) 5% of the | 18 |
| revenues to be deposited
into the fund during that fiscal year | 19 |
| or (ii) 25% of the beginning balance in the fund.
For fiscal | 20 |
| year 2005 through fiscal year 2007, no amounts may be | 21 |
| transferred under this Section from the Road Fund, the State | 22 |
| Construction Account Fund, the Criminal Justice Information | 23 |
| Systems Trust Fund, the Wireless Service Emergency Fund, or the | 24 |
| Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 26 |
| Governor
may include receipts, transfers into the fund, and | 27 |
| other
resources anticipated to be available in the fund in that | 28 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 30 |
| amounts designated
under this Section as soon as may be | 31 |
| practicable after receiving the direction
to transfer from the | 32 |
| Governor.
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| (b) This Section does not apply to any fund established | 34 |
| under the Community Senior Services and Resources Act.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 2 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 3 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 4 |
| 1-15-05.)
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| Section 10. The Private Sewage Disposal Licensing Act is | 6 |
| amended by changing Sections 3, 4, 5, 5a, and 8 as follows:
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| (225 ILCS 225/3) (from Ch. 111 1/2, par. 116.303)
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| Sec. 3. As used in this Act, unless the context otherwise | 9 |
| requires: | 10 |
| (1) "Domestic Sewage" means waste water derived | 11 |
| principally from
dwellings, business or office buildings, | 12 |
| institutions, food service
establishments, and similar | 13 |
| facilities.
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| (2) "Director" means Director of the Illinois Department of | 15 |
| Public Health.
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| (3) "Department" means the Illinois Department of Public | 17 |
| Health.
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| (4) "Human Wastes" means undigested food and by-products of | 19 |
| metabolism
which are passed out of the human body.
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| (5) "Person" means any individual, group of individuals, | 21 |
| association,
trust, partnership, corporation, person doing | 22 |
| business under an assumed
name, the State of Illinois or any | 23 |
| Department thereof, or any other entity.
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| (6) "Population Equivalent" means an average waste loading | 25 |
| equivalent to
that produced by one person which is defined as | 26 |
| 100 gallons per day.
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| (7) "Private Sewage Disposal System" means any sewage | 28 |
| handling or
treatment facility receiving domestic sewage from | 29 |
| less than 15 people or
population equivalent and having a | 30 |
| ground surface discharge or any sewage
handling or treatment | 31 |
| facility receiving domestic sewage and having no
ground surface | 32 |
| discharge.
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| (8) "Private Sewage Disposal System Installation | 2 |
| Contractor" means
any person constructing, installing, | 3 |
| repairing, modifying, or
maintaining private sewage disposal | 4 |
| systems.
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| (9) "Property Owner" means the person in whose name legal | 6 |
| title to the
real estate is recorded.
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| (10) "Waste" means either human waste or domestic sewage or | 8 |
| both.
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| (11) "Private Sewage Disposal System Pumping Contractor" | 10 |
| means any
person who cleans or pumps waste from a private | 11 |
| sewage disposal system or
hauls or disposes of wastes removed | 12 |
| therefrom. | 13 |
| (12) "NPDES" means the National Pollutant Discharge | 14 |
| Elimination System.
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| (13) "Off-lot discharging private sewage disposal system" | 16 |
| means any private sewage disposal system that has a surface | 17 |
| discharge point from which effluent leaves the property and | 18 |
| enters waters of the State.
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| (Source: P.A. 84-670 .)
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| (225 ILCS 225/4) (from Ch. 111 1/2, par. 116.304)
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| Sec. 4. (a) After January 1, 1974, no person or private | 22 |
| sewage disposal
system contractor may construct, install, | 23 |
| modify, repair, maintain, or
service a private sewage disposal | 24 |
| system or transport and dispose of waste
removed therefrom, in | 25 |
| such a manner that does not comply with the
requirements of | 26 |
| this Act and the private sewage disposal code promulgated
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| hereunder by the Department. A person who owns and occupies a | 28 |
| single
family dwelling and who constructs, installs, | 29 |
| maintains, services or cleans
the private sewage disposal | 30 |
| system which serves his single family residence
shall not be | 31 |
| required to be licensed under this Act, however, such person
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| shall comply with all other provisions of this Act and the | 33 |
| private sewage
disposal code promulgated hereunder by the |
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| Department.
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| Any person who constructs, installs, repairs, modifies, or | 3 |
| maintains a
private sewage disposal system, other than a system | 4 |
| which serves his own
single family residence, shall be licensed | 5 |
| by the Department as a Private
Sewage System Installation | 6 |
| Contractor and any person who cleans or pumps
waste from a | 7 |
| private sewage disposal system, other than a system which
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| serves his own single family residence, or hauls or disposes of | 9 |
| wastes
removed therefrom shall be licensed by the Department as | 10 |
| a Private Sewage
Disposal System Pumping Contractor in | 11 |
| accordance with this Act.
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| (b) No new private sewage disposal system shall be | 13 |
| installed by any
person until drawings, specifications and | 14 |
| other information requested by
the Department are submitted to | 15 |
| and reviewed by the Department and found to
comply with the | 16 |
| private sewage disposal code, and until approval for the
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| installation of such system is issued by the Department.
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| (c) The licensing requirements of this Act shall not apply | 19 |
| to any
person who cleans or pumps, hauls or disposes of waste | 20 |
| from chemical
toilets located in an underground coal mine. This | 21 |
| waste shall be (i)
transported to and disposed of at a sewage | 22 |
| treatment facility permitted by
the Illinois Environmental | 23 |
| Protection Agency and located on the mine
property, or (ii) | 24 |
| stored on-site in a sanitary manner pending removal and
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| subsequent disposal by a licensed private sewage disposal | 26 |
| pumping contractor.
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| (d) No person may operate an off-lot discharging private | 28 |
| sewage disposal system installed on or after January 1, 2006, | 29 |
| unless all of the following conditions are met: | 30 |
| (1) The owner provides for the operation and | 31 |
| maintenance of the system by a licensed Private Sewage | 32 |
| Disposal System Installation Contractor, pursuant to this | 33 |
| Act and the rules adopted by the Department. | 34 |
| (2) Monitoring of the discharge is conducted. |
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| (3) The owner or operator has filed a Notice of Intent | 2 |
| with the State to allow coverage under the State's blanket | 3 |
| NPDES permit for the system.
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| (4) The effluent quality meets applicable limitations | 5 |
| of State and federal laws and rules. | 6 |
| (5) To the maximum extent practicable, the owner | 7 |
| minimizes off-lot discharges from the system. | 8 |
| (e) There is hereby created in the State treasury a special | 9 |
| fund to be known as the Private Sewage Disposal Program Fund. | 10 |
| All fees collected by the Department for exams, licenses, | 11 |
| permits, and fines in accordance with this Act shall be | 12 |
| deposited into the Fund and shall be appropriated by the | 13 |
| General Assembly to the Department. Gifts, grants, and other | 14 |
| moneys from any source may be deposited into the Fund. Subject | 15 |
| to appropriation, money from the Fund shall be used by the | 16 |
| Department to administer this Act, including establishing and | 17 |
| maintaining an NPDES permit program for private sewage disposal | 18 |
| systems in conjunction with the Illinois Environmental | 19 |
| Protection Agency and supporting private sewage disposal | 20 |
| education and training. Interest generated by this Fund shall | 21 |
| be returned to the Fund. Moneys in the Fund shall be | 22 |
| appropriated and used only for the purposes stated in this Act.
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| (f) No later than January 1, 2006, the Department shall | 24 |
| amend the Private Sewage Disposal Code to make the Code | 25 |
| consistent with this Act. The amendments shall include all of | 26 |
| the following:
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| (1) Continuing education requirements for persons | 28 |
| seeking to renew a license under this Act. | 29 |
| (2) For off-lot discharging private sewage disposal | 30 |
| systems proposed for installation on or after January 1, | 31 |
| 2008, soil evaluations or percolation tests shall be | 32 |
| conducted to support the use of a subsurface system. | 33 |
| (3) Site evaluations shall be conducted by a Private | 34 |
| Sewage Disposal System Installation Contractor prior to |
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| the issuance of a construction permit. Consideration shall | 2 |
| be given without limitation to the impact of the following: | 3 |
| topography, drainage-ways, terraces, flood plains, the | 4 |
| percentage of land slope, the location of property lines, | 5 |
| the location of easements, buried utilities, existing and | 6 |
| proposed tile lines, proposed and abandoned water wells, | 7 |
| the amount of available area for the installation of the | 8 |
| system, evidence of unstable ground, alteration, including | 9 |
| the cutting, filling, and compacting of existing soil | 10 |
| profile, and soil factors determined from a soil analysis | 11 |
| percolation test and soil survey maps, if available. | 12 |
| (4) Requirements for effluent reduction methods to be | 13 |
| used when an off-lot discharging system is installed. | 14 |
| (5) Criteria for the maintenance, operation, and | 15 |
| monitoring of off-lot discharging private sewage disposal | 16 |
| systems. | 17 |
| (g) In order to ensure that the analysis of wastewater | 18 |
| samples submitted for NPDES compliance is conducted properly, | 19 |
| laboratories that conduct wastewater testing must be certified | 20 |
| by the Illinois Environmental Protection Agency to conduct this | 21 |
| wastewater analysis. | 22 |
| (h) No later than January 1, 2006, the Department shall | 23 |
| adopt rules concerning the routine maintenance of all private | 24 |
| sewage disposal systems. | 25 |
| (i) All off-lot discharging sewage disposal systems | 26 |
| existing on January 1, 2006 must be brought into compliance | 27 |
| with subsection (d) of this Section upon change of property | 28 |
| ownership or complaint.
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| (Source: P.A. 86-1195.)
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| (225 ILCS 225/5) (from Ch. 111 1/2, par. 116.305)
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| Sec. 5. (a) The Director shall issue a private sewage | 32 |
| system
installation
contractor license or a private sewage | 33 |
| disposal system pumping contractor
license to persons applying |
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| for such license who successfully pass a
written examination or | 2 |
| training course or both prepared or approved by the Department | 3 |
| and who pay the required annual license
fee in an amount | 4 |
| determined by the Department.
Each person who holds a currently | 5 |
| valid plumbing license issued under
the "Illinois Plumbing | 6 |
| License Law", as now or hereafter amended,
shall not be | 7 |
| required to pay the
annual license fee required by this | 8 |
| Section, and
but such licensed person shall
comply with all | 9 |
| other provisions of this Act, including the requirements
| 10 |
| requirement
for examination or training or both for licensure.
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| (b) A license issued under this Act shall expire on | 12 |
| December 31 of the
year issued, except that an original license | 13 |
| issued after October 1 and
before December 31 shall expire on | 14 |
| December 31 of the following year.
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| The Department shall reinstate a license which expires | 16 |
| while a licensee
is in the active military service of the | 17 |
| United States upon application to
the Department by the former | 18 |
| licensee within 2 years after termination of
such military | 19 |
| service, payment of the annual license fee and submission of
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| evidence of such military service. Such license shall be | 21 |
| reinstated
without examination and without payment of the | 22 |
| reinstatement fee.
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| (c) A private sewage disposal system pumping contractor or | 24 |
| a private
sewage system installation contractor whose license | 25 |
| has expired for a
period of less than 3 years may apply to the | 26 |
| Department for reinstatement
of his license. The Department | 27 |
| shall issue such renewed license provided
the applicant pays to | 28 |
| the Department all lapsed license fees, plus a
reinstatement | 29 |
| fee determined by the Department. A license which has expired | 30 |
| for more
than 3 years may be restored only by reapplying to | 31 |
| take the examination and
by successfully passing the written | 32 |
| examination or training course or both .
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| (Source: P.A. 85-1261.)
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| (225 ILCS 225/5a) (from Ch. 111 1/2, par. 116.305a)
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| Sec. 5a. All applicants shall be tested and required to | 3 |
| attain a
passing grade prescribed by the Department on an | 4 |
| examination which
evaluates the applicants' general knowledge | 5 |
| of the design, installation, operation,
maintenance and | 6 |
| servicing of on-site waste water disposal systems or to | 7 |
| successfully complete a training course developed or approved | 8 |
| by the Department or to do both .
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| Applications for examination shall be in the form | 10 |
| prescribed by the
Department and shall be accompanied by the | 11 |
| required fee determined by the Department. The
Department shall | 12 |
| conduct written examinations at least 2 times a year and
may | 13 |
| require a practical demonstration by each applicant. The | 14 |
| written
examination shall be prepared by the Department.
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| Persons holding a valid license on the effective date of | 16 |
| this amendatory
Act of 1985 shall be required to pass the | 17 |
| written examination
by December 31, 1989. A license
will not be | 18 |
| renewed after December 31, 1989, unless the person holding the
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| license has successfully passed the written examination.
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| (Source: P.A. 84-670.)
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| (225 ILCS 225/8) (from Ch. 111 1/2, par. 116.308)
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| Sec. 8. In addition to promulgating and publishing the | 23 |
| private sewage disposal
code, the Department has the following | 24 |
| powers and duties:
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| (1) Make such inspections as are necessary to determine | 26 |
| satisfactory
compliance with this Act and the private sewage | 27 |
| disposal code.
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| (2) Cause investigations to be made when a violation of any | 29 |
| provisions
of this Act or the private sewage disposal code is | 30 |
| reported to the
Department.
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| (3) Subject to constitutional limitations, by its | 32 |
| representatives after
identification, enter at reasonable | 33 |
| times upon private or public property
for the purpose of |
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| inspecting and investigating conditions relating to the
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| administration and enforcement of this Act and the private | 3 |
| sewage disposal
code.
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| (4) Institute or cause to be instituted legal proceedings | 5 |
| in the circuit
court by the State's Attorney of the county | 6 |
| where such non-compliance
occurred or by the Attorney General | 7 |
| of the State of Illinois in cases of
non-compliance with the | 8 |
| provisions of this Act and the private sewage
disposal code.
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| (5) Authorize the trial or experimental use of new | 10 |
| innovative systems
for private sewage disposal, upon such | 11 |
| conditions as the Department may
set.
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| (6) Adopt minimum performance standards for private sewage | 13 |
| disposal
system contractors.
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| (7) Issue an annual license to
every applicant who complies | 15 |
| with the requirements of this Act and the
private sewage | 16 |
| disposal code and
who pays the required annual license fee.
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| (8) Collect an annual license fee in an amount determined | 18 |
| by the
Department from each contractor and any examination and
| 19 |
| reinstatement fees.
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| (9) Prescribe rules of procedure for hearings following | 21 |
| denial,
suspension or revocation of licenses as provided in | 22 |
| this Act.
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| (10) Issue operating permits for off-lot discharging | 24 |
| disposal systems to ensure NPDES compliance.
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| (Source: P.A. 85-1261.)
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| Section 15. The Environmental Protection Act is amended by | 27 |
| changing Sections 3.330 and 21 as follows:
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| (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
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| Sec. 3.330. Pollution control facility.
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| (a) "Pollution control facility" is any waste storage site, | 31 |
| sanitary
landfill, waste disposal site, waste transfer | 32 |
| station, waste treatment
facility, or waste incinerator. This |
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| includes sewers, sewage treatment
plants, and any other | 2 |
| facilities owned or operated by sanitary districts
organized | 3 |
| under the Metropolitan Water Reclamation District Act.
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| The following are not pollution control facilities:
| 5 |
| (1) (Blank);
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| (2) waste storage sites regulated under 40 CFR, Part | 7 |
| 761.42;
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| (3) sites or facilities used by any person conducting a | 9 |
| waste storage,
waste treatment, waste disposal, waste | 10 |
| transfer or waste incineration
operation, or a combination | 11 |
| thereof, for wastes generated by such person's
own | 12 |
| activities, when such wastes are stored, treated, disposed | 13 |
| of,
transferred or incinerated within the site or facility | 14 |
| owned, controlled or
operated by such person, or when such | 15 |
| wastes are transported within or
between sites or | 16 |
| facilities owned, controlled or operated by such person;
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| (4) sites or facilities at which the State is | 18 |
| performing removal or
remedial action pursuant to Section | 19 |
| 22.2 or 55.3;
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| (5) abandoned quarries used solely for the disposal of | 21 |
| concrete, earth
materials, gravel, or aggregate debris | 22 |
| resulting from road construction
activities conducted by a | 23 |
| unit of government or construction activities due
to the | 24 |
| construction and installation of underground pipes, lines, | 25 |
| conduit
or wires off of the premises of a public utility | 26 |
| company which are
conducted by a public utility;
| 27 |
| (6) sites or facilities used by any person to | 28 |
| specifically conduct a
landscape composting operation;
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| (7) regional facilities as defined in the Central | 30 |
| Midwest Interstate
Low-Level Radioactive Waste Compact;
| 31 |
| (8) the portion of a site or facility where coal | 32 |
| combustion wastes are
stored or disposed of in accordance | 33 |
| with subdivision (r)(2) or (r)(3) of
Section 21;
| 34 |
| (9) the portion of a site or facility used for the |
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| collection,
storage or processing of waste tires as defined | 2 |
| in Title XIV;
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| (10) the portion of a site or facility used for | 4 |
| treatment of
petroleum contaminated materials by | 5 |
| application onto or incorporation into
the soil surface and | 6 |
| any portion of that site or facility used for storage
of | 7 |
| petroleum contaminated materials before treatment. Only | 8 |
| those categories
of petroleum listed in Section
57.9(a)(3) | 9 |
| are exempt under this subdivision (10);
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| (11) the portion of a site or facility where used oil | 11 |
| is collected or
stored prior to shipment to a recycling or | 12 |
| energy recovery facility, provided
that the used oil is | 13 |
| generated by households or commercial establishments, and
| 14 |
| the site or facility is a recycling center or a business | 15 |
| where oil or gasoline
is sold at retail;
| 16 |
| (12) the portion of a site or facility utilizing coal | 17 |
| combustion waste
for stabilization and treatment of only | 18 |
| waste generated on that site or
facility when used in | 19 |
| connection with response actions pursuant to the federal
| 20 |
| Comprehensive Environmental Response, Compensation, and | 21 |
| Liability Act of 1980,
the federal Resource Conservation | 22 |
| and Recovery Act of 1976, or the Illinois
Environmental | 23 |
| Protection Act or as authorized by the Agency;
| 24 |
| (13) the portion of a site or facility accepting | 25 |
| exclusively general
construction or demolition debris, | 26 |
| located in a county with a population over
700,000 as of | 27 |
| January 1, 2000 , and operated and located in accordance | 28 |
| with Section 22.38 of this Act; and | 29 |
| (14) the portion of a site or facility, located within | 30 |
| a unit of local government that has enacted local zoning | 31 |
| requirements, used to accept, separate, and process | 32 |
| uncontaminated broken concrete, with or without protruding | 33 |
| metal bars, provided that the uncontaminated broken | 34 |
| concrete and metal bars are not speculatively accumulated, |
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| are at the site or facility no longer than one year after | 2 |
| their acceptance, and are returned to the economic | 3 |
| mainstream in the form of raw materials or products.
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| (b) A new pollution control facility is:
| 5 |
| (1) a pollution control facility initially permitted | 6 |
| for development or
construction after July 1, 1981; or
| 7 |
| (2) the area of expansion beyond the boundary of a | 8 |
| currently permitted
pollution control facility; or
| 9 |
| (3) a permitted pollution control facility requesting | 10 |
| approval to
store, dispose of, transfer or incinerate, for | 11 |
| the first time, any special
or hazardous waste.
| 12 |
| (Source: P.A. 92-574, eff. 6-26-02; 93-998, eff. 8-23-04.)
| 13 |
| (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
| 14 |
| Sec. 21. Prohibited acts. No person shall:
| 15 |
| (a) Cause or allow the open dumping of any waste.
| 16 |
| (b) Abandon, dump, or deposit any waste upon the public | 17 |
| highways or
other public property, except in a sanitary | 18 |
| landfill approved by the
Agency pursuant to regulations adopted | 19 |
| by the Board.
| 20 |
| (c) Abandon any vehicle in violation of the "Abandoned | 21 |
| Vehicles
Amendment to the Illinois Vehicle Code", as enacted by | 22 |
| the 76th General
Assembly.
| 23 |
| (d) Conduct any waste-storage, waste-treatment, or | 24 |
| waste-disposal
operation:
| 25 |
| (1) without a permit granted by the Agency or in | 26 |
| violation of any
conditions imposed by such permit, | 27 |
| including periodic reports and full
access to adequate | 28 |
| records and the inspection of facilities, as may be
| 29 |
| necessary to assure compliance with this Act and with | 30 |
| regulations and
standards adopted thereunder; provided, | 31 |
| however, that, except for municipal
solid waste landfill | 32 |
| units that receive waste on or after October 9, 1993,
no | 33 |
| permit shall be
required for (i) any person conducting a |
|
|
|
09400HB0414sam001 |
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LRB094 06634 RSP 46233 a |
|
| 1 |
| waste-storage, waste-treatment, or
waste-disposal | 2 |
| operation for wastes generated by such person's own
| 3 |
| activities which are stored, treated, or disposed within | 4 |
| the site where
such wastes are generated, or (ii)
a | 5 |
| facility located in a county with a
population over 700,000 | 6 |
| as of January 1, 2000 , operated and located in accordance | 7 |
| with
Section 22.38 of this Act, and used exclusively for | 8 |
| the transfer, storage, or
treatment of general | 9 |
| construction or demolition debris;
| 10 |
| (2) in violation of any regulations or standards | 11 |
| adopted by the
Board under this Act; or
| 12 |
| (3) which receives waste after August 31, 1988, does | 13 |
| not have a permit
issued by the Agency, and is (i) a | 14 |
| landfill used exclusively for the
disposal of waste | 15 |
| generated at the site, (ii) a surface impoundment
receiving | 16 |
| special waste not listed in an NPDES permit, (iii) a waste | 17 |
| pile
in which the total volume of waste is greater than 100 | 18 |
| cubic yards or the
waste is stored for over one year, or | 19 |
| (iv) a land treatment facility
receiving special waste | 20 |
| generated at the site; without giving notice of the
| 21 |
| operation to the Agency by January 1, 1989, or 30 days | 22 |
| after the date on
which the operation commences, whichever | 23 |
| is later, and every 3 years
thereafter. The form for such | 24 |
| notification shall be specified by the
Agency, and shall be | 25 |
| limited to information regarding: the name and address
of | 26 |
| the location of the operation; the type of operation; the | 27 |
| types and
amounts of waste stored, treated or disposed of | 28 |
| on an annual basis; the
remaining capacity of the | 29 |
| operation; and the remaining expected life of
the | 30 |
| operation.
| 31 |
| Item (3) of this subsection (d) shall not apply to any | 32 |
| person
engaged in agricultural activity who is disposing of a | 33 |
| substance that
constitutes solid waste, if the substance was | 34 |
| acquired for use by that
person on his own property, and the |
|
|
|
09400HB0414sam001 |
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LRB094 06634 RSP 46233 a |
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| 1 |
| substance is disposed of on his own
property in accordance with | 2 |
| regulations or standards adopted by the Board.
| 3 |
| This subsection (d) shall not apply to hazardous waste.
| 4 |
| (e) Dispose, treat, store or abandon any waste, or | 5 |
| transport any waste
into this State for disposal, treatment, | 6 |
| storage or abandonment, except at
a site or facility which | 7 |
| meets the requirements of this Act and of
regulations and | 8 |
| standards thereunder.
| 9 |
| (f) Conduct any hazardous waste-storage, hazardous | 10 |
| waste-treatment or
hazardous waste-disposal operation:
| 11 |
| (1) without a RCRA permit for the site issued by the | 12 |
| Agency under
subsection (d) of Section 39 of this Act, or | 13 |
| in violation of any condition
imposed by such permit, | 14 |
| including periodic reports and full access to
adequate | 15 |
| records and the inspection of facilities, as may be | 16 |
| necessary to
assure compliance with this Act and with | 17 |
| regulations and standards adopted
thereunder; or
| 18 |
| (2) in violation of any regulations or standards | 19 |
| adopted by the Board
under this Act; or
| 20 |
| (3) in violation of any RCRA permit filing requirement | 21 |
| established under
standards adopted by the Board under this | 22 |
| Act; or
| 23 |
| (4) in violation of any order adopted by the Board | 24 |
| under this Act.
| 25 |
| Notwithstanding the above, no RCRA permit shall be required | 26 |
| under this
subsection or subsection (d) of Section 39 of this | 27 |
| Act for any
person engaged in agricultural activity who is | 28 |
| disposing of a substance
which has been identified as a | 29 |
| hazardous waste, and which has been
designated by Board | 30 |
| regulations as being subject to this exception, if the
| 31 |
| substance was acquired for use by that person on his own | 32 |
| property and the
substance is disposed of on his own property | 33 |
| in accordance with regulations
or standards adopted by the | 34 |
| Board.
|
|
|
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09400HB0414sam001 |
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LRB094 06634 RSP 46233 a |
|
| 1 |
| (g) Conduct any hazardous waste-transportation operation:
| 2 |
| (1) without registering with and obtaining a permit | 3 |
| from the Agency in
accordance with the Uniform Program | 4 |
| implemented under subsection (l-5) of
Section 22.2; or
| 5 |
| (2) in violation of any regulations or standards | 6 |
| adopted by
the
Board under this Act.
| 7 |
| (h) Conduct any hazardous waste-recycling or hazardous | 8 |
| waste-reclamation
or hazardous waste-reuse operation in | 9 |
| violation of any regulations, standards
or permit requirements | 10 |
| adopted by the Board under this Act.
| 11 |
| (i) Conduct any process or engage in any act which produces | 12 |
| hazardous
waste in violation of any regulations or standards | 13 |
| adopted by the Board
under subsections (a) and (c) of Section | 14 |
| 22.4 of this Act.
| 15 |
| (j) Conduct any special waste transportation operation in | 16 |
| violation
of any regulations, standards or permit requirements | 17 |
| adopted by the Board
under this Act. However, sludge from a | 18 |
| water or sewage treatment plant
owned and operated by a unit of | 19 |
| local government which (1) is subject to a
sludge management | 20 |
| plan approved by the Agency or a permit granted by the
Agency, | 21 |
| and (2) has been tested and determined not to be a hazardous | 22 |
| waste
as required by applicable State and federal laws and | 23 |
| regulations, may be
transported in this State without a special | 24 |
| waste hauling permit, and the
preparation and carrying of a | 25 |
| manifest shall not be required for such
sludge under the rules | 26 |
| of the Pollution Control Board. The unit of local
government | 27 |
| which operates the treatment plant producing such sludge shall
| 28 |
| file a semiannual report with the Agency identifying the volume | 29 |
| of such
sludge transported during the reporting period, the | 30 |
| hauler of the sludge,
and the disposal sites to which it was | 31 |
| transported. This subsection (j)
shall not apply to hazardous | 32 |
| waste.
| 33 |
| (k) Fail or refuse to pay any fee imposed under this Act.
| 34 |
| (l) Locate a hazardous waste disposal site above an active |
|
|
|
09400HB0414sam001 |
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LRB094 06634 RSP 46233 a |
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| 1 |
| or
inactive shaft or tunneled mine or within 2 miles of an | 2 |
| active fault in
the earth's crust. In counties of population | 3 |
| less than 225,000 no
hazardous waste disposal site shall be | 4 |
| located (1) within 1 1/2 miles of
the corporate limits as | 5 |
| defined on June 30, 1978, of any municipality
without the | 6 |
| approval of the governing body of the municipality in an
| 7 |
| official action; or (2) within 1000 feet of an existing private | 8 |
| well or
the existing source of a public water supply measured | 9 |
| from the boundary
of the actual active permitted site and | 10 |
| excluding existing private wells
on the property of the permit | 11 |
| applicant. The provisions of this
subsection do not apply to | 12 |
| publicly-owned sewage works or the disposal
or utilization of | 13 |
| sludge from publicly-owned sewage works.
| 14 |
| (m) Transfer interest in any land which has been used as a
| 15 |
| hazardous waste disposal site without written notification to | 16 |
| the Agency
of the transfer and to the transferee of the | 17 |
| conditions imposed by the Agency
upon its use under subsection | 18 |
| (g) of Section 39.
| 19 |
| (n) Use any land which has been used as a hazardous waste
| 20 |
| disposal site except in compliance with conditions imposed by | 21 |
| the Agency
under subsection (g) of Section 39.
| 22 |
| (o) Conduct a sanitary landfill operation which is required | 23 |
| to have a
permit under subsection (d) of this Section, in a | 24 |
| manner which results in
any of the following conditions:
| 25 |
| (1) refuse in standing or flowing waters;
| 26 |
| (2) leachate flows entering waters of the State;
| 27 |
| (3) leachate flows exiting the landfill confines (as | 28 |
| determined by the
boundaries established for the landfill | 29 |
| by a permit issued by the Agency);
| 30 |
| (4) open burning of refuse in violation of Section 9 of | 31 |
| this Act;
| 32 |
| (5) uncovered refuse remaining from any previous | 33 |
| operating day or at the
conclusion of any operating day, | 34 |
| unless authorized by permit;
|
|
|
|
09400HB0414sam001 |
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LRB094 06634 RSP 46233 a |
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| (6) failure to provide final cover within time limits | 2 |
| established by
Board regulations;
| 3 |
| (7) acceptance of wastes without necessary permits;
| 4 |
| (8) scavenging as defined by Board regulations;
| 5 |
| (9) deposition of refuse in any unpermitted portion of | 6 |
| the landfill;
| 7 |
| (10) acceptance of a special waste without a required | 8 |
| manifest;
| 9 |
| (11) failure to submit reports required by permits or | 10 |
| Board regulations;
| 11 |
| (12) failure to collect and contain litter from the | 12 |
| site by the end of
each operating day;
| 13 |
| (13) failure to submit any cost estimate for the site | 14 |
| or any performance
bond or other security for the site as | 15 |
| required by this Act or Board rules.
| 16 |
| The prohibitions specified in this subsection (o) shall be | 17 |
| enforceable by
the Agency either by administrative citation | 18 |
| under Section 31.1 of this Act
or as otherwise provided by this | 19 |
| Act. The specific prohibitions in this
subsection do not limit | 20 |
| the power of the Board to establish regulations
or standards | 21 |
| applicable to sanitary landfills.
| 22 |
| (p) In violation of subdivision (a) of this Section, cause | 23 |
| or allow the
open dumping of any waste in a manner which | 24 |
| results in any of the following
occurrences at the dump site:
| 25 |
| (1) litter;
| 26 |
| (2) scavenging;
| 27 |
| (3) open burning;
| 28 |
| (4) deposition of waste in standing or flowing waters;
| 29 |
| (5) proliferation of disease vectors;
| 30 |
| (6) standing or flowing liquid discharge from the dump | 31 |
| site;
| 32 |
| (7) deposition of:
| 33 |
| (i) general construction or demolition debris as | 34 |
| defined in Section
3.160(a) of this Act; or
|
|
|
|
09400HB0414sam001 |
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LRB094 06634 RSP 46233 a |
|
| 1 |
| (ii) clean construction or demolition debris as | 2 |
| defined in Section
3.160(b) of this Act.
| 3 |
| The prohibitions specified in this subsection (p) shall be
| 4 |
| enforceable by the Agency either by administrative citation | 5 |
| under Section
31.1 of this Act or as otherwise provided by this | 6 |
| Act. The specific
prohibitions in this subsection do not limit | 7 |
| the power of the Board to
establish regulations or standards | 8 |
| applicable to open dumping.
| 9 |
| (q) Conduct a landscape waste composting operation without | 10 |
| an Agency
permit, provided, however, that no permit shall be | 11 |
| required for any person:
| 12 |
| (1) conducting a landscape waste composting operation | 13 |
| for landscape
wastes generated by such person's own | 14 |
| activities which are stored, treated
or disposed of within | 15 |
| the site where such wastes are generated; or
| 16 |
| (2) applying landscape waste or composted landscape | 17 |
| waste at agronomic
rates; or
| 18 |
| (3) operating a landscape waste composting facility on | 19 |
| a farm, if the
facility meets all of the following | 20 |
| 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 property's total acreage, except | 25 |
| that
the Agency may allow a higher percentage for | 26 |
| individual sites where the owner
or operator has | 27 |
| demonstrated to the Agency that the site's soil
| 28 |
| characteristics or crop needs require a higher rate;
| 29 |
| (B) the property on which the composting facility | 30 |
| is located, and any
associated property on which the | 31 |
| compost is used, is principally and
diligently devoted | 32 |
| to the production of agricultural crops and
is not | 33 |
| owned, leased or otherwise controlled by any waste | 34 |
| hauler
or generator of nonagricultural compost |
|
|
|
09400HB0414sam001 |
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LRB094 06634 RSP 46233 a |
|
| 1 |
| materials, and the operator of the
composting facility | 2 |
| is not an employee, partner, shareholder, or in any way
| 3 |
| connected with or controlled by any such waste hauler | 4 |
| or generator;
| 5 |
| (C) all compost generated by the composting | 6 |
| facility is applied at
agronomic rates and used as | 7 |
| mulch, fertilizer or soil conditioner on land
actually | 8 |
| farmed by the person operating the composting | 9 |
| facility, and the
finished compost is not stored at the | 10 |
| composting site for a period longer
than 18 months | 11 |
| prior to its application as mulch, fertilizer, or soil | 12 |
| conditioner;
| 13 |
| (D) the owner or operator, by January 1, 1990 (or | 14 |
| the January 1
following commencement of operation, | 15 |
| whichever is later) and January 1 of
each year | 16 |
| thereafter, (i) registers the site with the Agency, | 17 |
| (ii) reports
to the Agency on the volume of composting | 18 |
| material received and used at the
site, (iii) certifies | 19 |
| to the Agency that the site complies with the
| 20 |
| requirements set forth in subparagraphs (A), (B) and | 21 |
| (C) of this paragraph
(q)(3), and (iv) certifies to the | 22 |
| Agency that all composting material was
placed more | 23 |
| than 200 feet from the nearest potable water supply | 24 |
| well, was
placed outside the boundary of the 10-year | 25 |
| floodplain or on a part of the
site that is | 26 |
| floodproofed, was placed at least 1/4 mile from the | 27 |
| nearest
residence (other than a residence located on | 28 |
| the same property as the
facility) and there are not | 29 |
| more than 10 occupied non-farm residences
within 1/2 | 30 |
| mile of the boundaries of the site on the date of | 31 |
| application,
and was placed more than 5 feet above the | 32 |
| water table.
| 33 |
| For the purposes of this subsection (q), "agronomic rates" | 34 |
| means the
application of not more than 20 tons per acre per |
|
|
|
09400HB0414sam001 |
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LRB094 06634 RSP 46233 a |
|
| 1 |
| year, except that the
Agency may allow a higher rate for | 2 |
| individual sites where the owner or
operator has demonstrated | 3 |
| to the Agency that the site's soil
characteristics or crop | 4 |
| needs require a higher rate.
| 5 |
| (r) Cause or allow the storage or disposal of coal | 6 |
| combustion
waste unless:
| 7 |
| (1) such waste is stored or disposed of at a site or
| 8 |
| facility for which
a permit has been obtained or is not | 9 |
| otherwise required under subsection
(d) of this Section; or
| 10 |
| (2) such waste is stored or disposed of as a part of
| 11 |
| the design and
reclamation of a site or facility which is | 12 |
| an abandoned mine site in
accordance with the Abandoned | 13 |
| Mined Lands and Water Reclamation Act; or
| 14 |
| (3) such waste is stored or disposed of at a site or
| 15 |
| facility which is
operating under NPDES and Subtitle D | 16 |
| permits issued by the Agency pursuant
to regulations | 17 |
| adopted by the Board for mine-related water pollution and
| 18 |
| permits issued pursuant to the Federal Surface Mining | 19 |
| Control and
Reclamation Act of 1977 (P.L. 95-87) or the | 20 |
| rules and regulations
thereunder or any law or rule or | 21 |
| regulation adopted by the State of
Illinois pursuant | 22 |
| thereto, and the owner or operator of the facility agrees
| 23 |
| to accept the waste; and either
| 24 |
| (i) such waste is stored or disposed of in | 25 |
| accordance
with requirements
applicable to refuse | 26 |
| disposal under regulations adopted by the Board for
| 27 |
| mine-related water pollution and pursuant to NPDES and | 28 |
| Subtitle D permits
issued by the Agency under such | 29 |
| regulations; or
| 30 |
| (ii) the owner or operator of the facility | 31 |
| demonstrates all of the
following to the Agency, and | 32 |
| the facility is operated in accordance with
the | 33 |
| demonstration as approved by the Agency: (1) the | 34 |
| disposal area will be
covered in a manner that will |
|
|
|
09400HB0414sam001 |
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LRB094 06634 RSP 46233 a |
|
| 1 |
| support continuous vegetation, (2) the
facility will | 2 |
| be adequately protected from wind and water erosion, | 3 |
| (3) the
pH will be maintained so as to prevent | 4 |
| excessive leaching of metal ions,
and (4) adequate | 5 |
| containment or other measures will be provided to | 6 |
| protect
surface water and groundwater from | 7 |
| contamination at levels prohibited by
this Act, the | 8 |
| Illinois Groundwater Protection Act, or regulations | 9 |
| adopted
pursuant thereto.
| 10 |
| Notwithstanding any other provision of this Title, the | 11 |
| disposal of coal
combustion waste pursuant to item (2) or (3) | 12 |
| of this
subdivision (r) shall
be exempt from the other | 13 |
| provisions of this Title V, and notwithstanding
the provisions | 14 |
| of Title X of this Act, the Agency is authorized to grant
| 15 |
| experimental permits which include provision for the disposal | 16 |
| of
wastes from the combustion of coal and other materials | 17 |
| pursuant to items
(2) and (3) of this subdivision (r).
| 18 |
| (s) After April 1, 1989, offer for transportation, | 19 |
| transport, deliver,
receive or accept special waste for which a | 20 |
| manifest is required, unless
the manifest indicates that the | 21 |
| fee required under Section 22.8 of this
Act has been paid.
| 22 |
| (t) Cause or allow a lateral expansion of a municipal solid | 23 |
| waste landfill
unit on or after October 9, 1993, without a | 24 |
| permit modification, granted by the
Agency, that authorizes the | 25 |
| lateral expansion.
| 26 |
| (u) Conduct any vegetable by-product treatment, storage, | 27 |
| disposal or
transportation operation in violation of any | 28 |
| regulation, standards or permit
requirements adopted by the | 29 |
| Board under this Act. However, no permit shall be
required | 30 |
| under this Title V for the land application of vegetable | 31 |
| by-products
conducted pursuant to Agency permit issued under | 32 |
| Title III of this Act to
the generator of the vegetable | 33 |
| by-products. In addition, vegetable by-products
may be | 34 |
| transported in this State without a special waste hauling |
|
|
|
09400HB0414sam001 |
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LRB094 06634 RSP 46233 a |
|
| 1 |
| permit, and
without the preparation and carrying of a manifest.
| 2 |
| (v) (Blank).
| 3 |
| (w) Conduct any generation, transportation, or recycling | 4 |
| of construction or
demolition debris, clean or general, or | 5 |
| uncontaminated soil generated during
construction, remodeling, | 6 |
| repair, and demolition of utilities, structures, and
roads that | 7 |
| is not commingled with any waste, without the maintenance of
| 8 |
| documentation identifying the hauler, generator, place of | 9 |
| origin of the debris
or soil, the weight or volume of the | 10 |
| debris or soil, and the location, owner,
and operator of the | 11 |
| facility where the debris or soil was transferred,
disposed, | 12 |
| recycled, or treated. This documentation must be maintained by | 13 |
| the
generator, transporter, or recycler for 3 years.
This | 14 |
| subsection (w) shall not apply to (1) a permitted pollution | 15 |
| control
facility that transfers or accepts construction or | 16 |
| demolition debris,
clean or general, or uncontaminated soil for | 17 |
| final disposal, recycling, or
treatment, (2) a public utility | 18 |
| (as that term is defined in the Public
Utilities Act) or a | 19 |
| municipal utility, (3) the Illinois Department of
| 20 |
| Transportation, or (4) a municipality or a county highway | 21 |
| department, with
the exception of any municipality or county | 22 |
| highway department located within a
county having a population | 23 |
| of over 3,000,000 inhabitants or located in a county
that
is | 24 |
| contiguous to a county having a population of over 3,000,000 | 25 |
| inhabitants;
but it shall apply to an entity that contracts | 26 |
| with a public utility, a
municipal utility, the Illinois | 27 |
| Department of Transportation, or a
municipality or a county | 28 |
| highway department.
The terms
"generation" and "recycling" as
| 29 |
| used in this subsection do not
apply to clean construction or | 30 |
| demolition debris
when (i) used as fill material below grade | 31 |
| outside of a setback zone
if covered by sufficient | 32 |
| uncontaminated soil to support vegetation within 30
days of the | 33 |
| completion of filling or if covered by a road or structure, | 34 |
| (ii)
solely broken concrete without
protruding metal bars is |
|
|
|
09400HB0414sam001 |
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LRB094 06634 RSP 46233 a |
|
| 1 |
| used for erosion control, or (iii) milled
asphalt or crushed | 2 |
| concrete is used as aggregate in construction of the
shoulder | 3 |
| of a roadway. The terms "generation" and "recycling", as used | 4 |
| in this
subsection, do not apply to uncontaminated soil
that is | 5 |
| not commingled with any waste when (i) used as fill material | 6 |
| below
grade or contoured to grade, or (ii) used at the site of | 7 |
| generation.
| 8 |
| (Source: P.A. 92-574, eff. 6-26-02; 93-179, eff. 7-11-03.)
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.".
|
|