Full Text of SB1031 94th General Assembly
SB1031sam001 94TH GENERAL ASSEMBLY
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Sen. James A. DeLeo
Filed: 5/24/2005
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09400SB1031sam001 |
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LRB094 04703 RSP 47031 a |
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| AMENDMENT TO SENATE BILL 1031
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| AMENDMENT NO. ______. Amend Senate Bill 1031 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 22.14 as follows:
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| (415 ILCS 5/22.14) (from Ch. 111 1/2, par. 1022.14)
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| Sec. 22.14. (a) No person may establish any pollution | 8 |
| control
facility for use as a garbage transfer station, which | 9 |
| is located less than
1000 feet from the nearest property zoned | 10 |
| for primarily residential uses
or within 1000 feet of any | 11 |
| dwelling, except in counties of at least
3,000,000 inhabitants. | 12 |
| In counties of at least 3,000,000 inhabitants, no
person may | 13 |
| establish any pollution control facility for use as a
garbage | 14 |
| transfer station which is located less than 1000 feet from the
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| nearest property zoned for primarily residential uses, | 16 |
| provided,
however, a station which is located in an industrial | 17 |
| area of 10 or more
contiguous acres may be located within 1000 | 18 |
| feet but no closer than 800
feet from the nearest property | 19 |
| zoned for primarily residential uses.
However, in a county with | 20 |
| over 300,000 and less than 350,000 inhabitants,
a station used | 21 |
| for the transfer or separation of waste for recycling or
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| disposal in a sanitary landfill that is located in an | 23 |
| industrial area of 10
or more acres may be located within 1000 | 24 |
| feet but no closer than 800 feet
from the nearest property |
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LRB094 04703 RSP 47031 a |
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| zoned for primarily residential uses.
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| (b) This Section does not prohibit (i) any such facility | 3 |
| which is in
existence on January 1, 1988, nor (ii) any facility | 4 |
| in existence on January 1,
1988, as expanded before January 1, | 5 |
| 1990, to include processing and
transferring of municipal | 6 |
| wastes for both recycling and disposal purposes, nor
(iii) any | 7 |
| such facility which becomes nonconforming due to a change in | 8 |
| zoning
or the establishment of a dwelling which occurs after | 9 |
| the establishment of the
facility, nor (iv) any facility | 10 |
| established by a municipality with a population
in excess of | 11 |
| 1,000,000, nor (v) any transfer facility operating on January | 12 |
| 1,
1988. No facility described in item (ii) shall, after July | 13 |
| 14, 1995, accept landscape waste
and other municipal waste in | 14 |
| the same vehicle load. However, the use of an
existing | 15 |
| pollution control facility as a garbage transfer station shall | 16 |
| be
deemed to be the establishment of a new facility, and shall | 17 |
| be subject to
subsection (a), if such facility had not been | 18 |
| used as a garbage transfer
station within one year prior to | 19 |
| January 1, 1988. | 20 |
| (c) On and after the effective date of this amendatory Act | 21 |
| of the 94th General Assembly no person or unit of local | 22 |
| government may establish any waste transfer station in an area | 23 |
| zoned commercial or industrial within 1,000 feet of a consumer | 24 |
| food manufacturing or processing facility.
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| (Source: P.A. 88-681, eff. 12-22-94; 89-143, eff. 7-14-95; | 26 |
| 89-336,
eff. 8-17-95; 89-626, eff. 8-9-96.)".
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