Full Text of SB2285 94th General Assembly
SB2285 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2285
Introduced 1/12/2006, by Sen. James F. Clayborne, Jr. SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/3.330 |
was 415 ILCS 5/3.32 |
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Amends the Environmental Protection Act. Provides that processing sites or facilities that receive only on-specification used oil originating from used oil collectors for processing to produce products for sale to off-site petroleum facilities are not pollution control facilities under the Environmental Protection Act if these sites or facilities are: (i) located within a home rule unit of local government with a population of at least 30,000 according to the 2000 census, that home rule unit of local government has been designated as an Urban Round II Empowerment Zone by the United States Department of Housing and Urban Development, and that home rule unit of local government has enacted an ordinance approving the location of the site or facility and provided funding for the site or facility; and (ii) in compliance with all applicable zoning requirements. Effective immediately.
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A BILL FOR
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SB2285 |
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LRB094 15461 RSP 50656 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| changing Section 3.330 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, | 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.
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| The following are not pollution control facilities:
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| (1) (Blank);
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| (2) waste storage sites regulated under 40 CFR, Part | 17 |
| 761.42;
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| (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;
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| (4) sites or facilities at which the State is | 28 |
| performing removal or
remedial action pursuant to Section | 29 |
| 22.2 or 55.3;
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| (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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LRB094 15461 RSP 50656 b |
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| 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;
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| (6) sites or facilities used by any person to | 6 |
| specifically conduct a
landscape composting operation;
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| (7) regional facilities as defined in the Central | 8 |
| Midwest Interstate
Low-Level Radioactive Waste Compact;
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| (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;
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| (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;
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| (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);
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| (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
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| the site or facility is a recycling center or a business | 27 |
| where oil or gasoline
is sold at retail; | 28 |
| (11.5) processing sites or facilities that receive | 29 |
| only on-specification used oil, as defined in 35 Ill. | 30 |
| Admin. Code 739, originating from used oil collectors for | 31 |
| processing that is managed under 35 Ill. Admin. Code 739 to | 32 |
| produce products for sale to off-site petroleum | 33 |
| facilities, if these processing sites or facilities are: | 34 |
| (i) located within a home rule unit of local government | 35 |
| with a population of at least 30,000 according to the 2000 | 36 |
| federal census, that home rule unit of local government has |
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LRB094 15461 RSP 50656 b |
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| been designated as an Urban Round II Empowerment Zone by | 2 |
| the United States Department of Housing and Urban | 3 |
| Development, and that home rule unit of local government | 4 |
| has enacted an ordinance approving the location of the site | 5 |
| or facility and provided funding for the site or facility; | 6 |
| and (ii) in compliance with all applicable zoning | 7 |
| requirements.
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| (12) the portion of a site or facility utilizing coal | 9 |
| combustion waste
for stabilization and treatment of only | 10 |
| waste generated on that site or
facility when used in | 11 |
| connection with response actions pursuant to the federal
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| Comprehensive Environmental Response, Compensation, and | 13 |
| Liability Act of 1980,
the federal Resource Conservation | 14 |
| and Recovery Act of 1976, or the Illinois
Environmental | 15 |
| Protection Act or as authorized by the Agency;
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| (13) the portion of a site or facility accepting | 17 |
| exclusively general
construction or demolition debris, | 18 |
| located in a county with a population over
700,000 as of | 19 |
| January 1, 2000, and operated and located in accordance | 20 |
| with Section 22.38 of this Act; | 21 |
| (14) the portion of a site or facility, located within | 22 |
| a unit of local government that has enacted local zoning | 23 |
| requirements, used to accept, separate, and process | 24 |
| uncontaminated broken concrete, with or without protruding | 25 |
| metal bars, provided that the uncontaminated broken | 26 |
| concrete and metal bars are not speculatively accumulated, | 27 |
| are at the site or facility no longer than one year after | 28 |
| their acceptance, and are returned to the economic | 29 |
| mainstream in the form of raw materials or products; and
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| (15) the portion of a site or facility located in a | 31 |
| county with a population over 3,000,000 that has obtained | 32 |
| local siting approval under Section 39.2 of this Act for a | 33 |
| municipal waste incinerator on or before July 1, 2005 and | 34 |
| that is used for a non-hazardous waste transfer station.
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| (b) A new pollution control facility is:
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| (1) a pollution control facility initially permitted |
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| for development or
construction after July 1, 1981; or
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| (2) the area of expansion beyond the boundary of a | 3 |
| currently permitted
pollution control facility; or
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| (3) a permitted pollution control facility requesting | 5 |
| approval to
store, dispose of, transfer or incinerate, for | 6 |
| the first time, any special
or hazardous waste.
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| (Source: P.A. 93-998, eff. 8-23-04; 94-94, eff. 7-1-05; 94-249, | 8 |
| eff. 7-19-05; revised 8-18-05.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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