Full Text of HB4426 95th General Assembly
HB4426eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning waste gasification.
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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 |
| adding Sections 2.5 and 3.327 and by changing Section 3.330 as | 6 |
| follows: | 7 |
| (415 ILCS 5/2.5 new) | 8 |
| Sec. 2.5. Additional legislative findings. The General | 9 |
| Assembly further finds that: | 10 |
| (1) The disposal of solid waste in the State is a | 11 |
| continuing land use problem. | 12 |
| (2) Plasma arc incineration or other like technologies may | 13 |
| provide an alternative to the use of landfills for the disposal | 14 |
| of solid waste. | 15 |
| (3) Plasma arc incineration or other like technologies may | 16 |
| produce a number of beneficial by-products including hard, | 17 |
| obsidian-like stone that can be used in paving projects, metals | 18 |
| that can be recovered for resale, and fuel-rich gases that can | 19 |
| be used to generate large quantities of heat and electricity. | 20 |
| (4) Plasma arc incineration or other like technologies, if | 21 |
| authorized in the State, could reduce the State's dependence on | 22 |
| fossil fuels and reduce the amount of solid waste disposed of | 23 |
| in landfills around the State. |
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| (415 ILCS 5/3.327 new) | 2 |
| Sec. 3.327. Plasma arc incinerator. "Plasma arc | 3 |
| incinerator" means any enclosed device that uses a high | 4 |
| intensity electrical discharge or arc as a source of heat | 5 |
| followed by an afterburner using controlled flame combustion | 6 |
| and which is not listed as an industrial furnace. | 7 |
| Notwithstanding any other rulemaking authority that may exist, | 8 |
| neither the Governor nor any agency or agency head under the | 9 |
| jurisdiction of the Governor has any authority to make or | 10 |
| promulgate rules to implement or enforce the provisions of this | 11 |
| amendatory Act of the 95th General Assembly. If, however, the | 12 |
| Governor believes that rules are necessary to implement or | 13 |
| enforce the provisions of this amendatory Act of the 95th | 14 |
| General Assembly, the Governor may suggest rules to the General | 15 |
| Assembly by filing them with the Clerk of the House and the | 16 |
| Secretary of the Senate and by requesting that the General | 17 |
| Assembly authorize such rulemaking by law, enact those | 18 |
| suggested rules into law, or take any other appropriate action | 19 |
| in the General Assembly's discretion. Nothing contained in this | 20 |
| amendatory Act of the 95th General Assembly shall be | 21 |
| interpreted to grant rulemaking authority under any other | 22 |
| Illinois statute where such authority is not otherwise | 23 |
| explicitly given. For the purposes of this paragraph, "rules" | 24 |
| is given the meaning contained in Section 1-70 of the Illinois | 25 |
| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of | 2 |
| the Illinois Administrative Procedure Act to the extent that | 3 |
| such definitions apply to agencies or agency heads under the | 4 |
| jurisdiction of the Governor.
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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, | 8 |
| sanitary
landfill, waste disposal site, waste transfer | 9 |
| station, waste treatment
facility, or waste incinerator. This | 10 |
| includes sewers, sewage treatment
plants, and any other | 11 |
| facilities owned or operated by sanitary districts
organized | 12 |
| under the Metropolitan Water Reclamation District Act and also | 13 |
| includes plasma arc incinerators .
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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 |
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| facilities owned, controlled or operated by such person;
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| (4) sites or facilities at which the State is | 3 |
| performing removal or
remedial action pursuant to Section | 4 |
| 22.2 or 55.3;
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| (5) abandoned quarries used solely for the disposal of | 6 |
| concrete, earth
materials, gravel, or aggregate debris | 7 |
| resulting from road construction
activities conducted by a | 8 |
| unit of government or construction activities due
to the | 9 |
| construction and installation of underground pipes, lines, | 10 |
| conduit
or wires off of the premises of a public utility | 11 |
| company which are
conducted by a public utility;
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| (6) sites or facilities used by any person to | 13 |
| specifically conduct a
landscape composting operation;
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| (7) regional facilities as defined in the Central | 15 |
| Midwest Interstate
Low-Level Radioactive Waste Compact;
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| (8) the portion of a site or facility where coal | 17 |
| combustion wastes are
stored or disposed of in accordance | 18 |
| 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 | 20 |
| collection,
storage or processing of waste tires as defined | 21 |
| in Title XIV;
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| (10) the portion of a site or facility used for | 23 |
| treatment of
petroleum contaminated materials by | 24 |
| application onto or incorporation into
the soil surface and | 25 |
| any portion of that site or facility used for storage
of | 26 |
| petroleum contaminated materials before treatment. Only |
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| those categories
of petroleum listed in Section
57.9(a)(3) | 2 |
| are exempt under this subdivision (10);
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| (11) the portion of a site or facility where used oil | 4 |
| is collected or
stored prior to shipment to a recycling or | 5 |
| energy recovery facility, provided
that the used oil is | 6 |
| generated by households or commercial establishments, and
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| the site or facility is a recycling center or a business | 8 |
| where oil or gasoline
is sold at retail; | 9 |
| (11.5) processing sites or facilities that receive | 10 |
| only on-specification used oil, as defined in 35 Ill. | 11 |
| Admin. Code 739, originating from used oil collectors for | 12 |
| processing that is managed under 35 Ill. Admin. Code 739 to | 13 |
| produce products for sale to off-site petroleum | 14 |
| facilities, if these processing sites or facilities are: | 15 |
| (i) located within a home rule unit of local government | 16 |
| with a population of at least 30,000 according to the 2000 | 17 |
| federal census, that home rule unit of local government has | 18 |
| been designated as an Urban Round II Empowerment Zone by | 19 |
| the United States Department of Housing and Urban | 20 |
| Development, and that home rule unit of local government | 21 |
| has enacted an ordinance approving the location of the site | 22 |
| or facility and provided funding for the site or facility; | 23 |
| and (ii) in compliance with all applicable zoning | 24 |
| requirements;
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| (12) the portion of a site or facility utilizing coal | 26 |
| combustion waste
for stabilization and treatment of only |
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| waste generated on that site or
facility when used in | 2 |
| connection with response actions pursuant to the federal
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| Comprehensive Environmental Response, Compensation, and | 4 |
| Liability Act of 1980,
the federal Resource Conservation | 5 |
| and Recovery Act of 1976, or the Illinois
Environmental | 6 |
| Protection Act or as authorized by the Agency;
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| (13) the portion of a site or facility accepting | 8 |
| exclusively general
construction or demolition debris, | 9 |
| located in a county with a population over
700,000 as of | 10 |
| January 1, 2000, and operated and located in accordance | 11 |
| with Section 22.38 of this Act; | 12 |
| (14) the portion of a site or facility, located within | 13 |
| a unit of local government that has enacted local zoning | 14 |
| requirements, used to accept, separate, and process | 15 |
| uncontaminated broken concrete, with or without protruding | 16 |
| metal bars, provided that the uncontaminated broken | 17 |
| concrete and metal bars are not speculatively accumulated, | 18 |
| are at the site or facility no longer than one year after | 19 |
| their acceptance, and are returned to the economic | 20 |
| mainstream in the form of raw materials or products;
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| (15) the portion of a site or facility located in a | 22 |
| county with a population over 3,000,000 that has obtained | 23 |
| local siting approval under Section 39.2 of this Act for a | 24 |
| municipal waste incinerator on or before July 1, 2005 and | 25 |
| that is used for a non-hazardous waste transfer station; | 26 |
| and
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| (16) a site or facility that temporarily holds in | 2 |
| transit for 10 days or less, non-petruscible solid waste in | 3 |
| original containers, no larger in capacity than 500 | 4 |
| gallons, provided that such waste is further transferred to | 5 |
| a recycling, disposal, treatment, or storage facility on a | 6 |
| non-contiguous site and provided such site or facility | 7 |
| complies with the applicable 10-day transfer requirements | 8 |
| of the federal Resource Conservation and Recovery Act of | 9 |
| 1976 and United States Department of Transportation | 10 |
| hazardous material requirements. For purposes of this | 11 |
| Section only, "non-petruscible solid waste" means waste | 12 |
| other than municipal garbage that does not rot or become | 13 |
| putrid, including, but not limited to, paints, solvent, | 14 |
| filters, and absorbents ; .
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| (17)
(16) the portion of a site or facility located in | 16 |
| a county with a population greater than 3,000,000 that has | 17 |
| obtained local siting approval, under Section 39.2 of this | 18 |
| Act, for a municipal waste incinerator on or before July 1, | 19 |
| 2005 and that is used for wood combustion facilities for | 20 |
| energy recovery that accept and burn only wood material, as | 21 |
| included in a fuel specification approved by the Agency ; | 22 |
| and .
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| (18)
(16) a transfer station used exclusively for | 24 |
| landscape waste, including a transfer station where | 25 |
| landscape waste is ground to reduce its volume, where the | 26 |
| landscape waste is held no longer than 24 hours from the |
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| time it was received.
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| (b) A new pollution control facility is:
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| (1) a pollution control facility initially permitted | 4 |
| for development or
construction after July 1, 1981; or
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| (2) the area of expansion beyond the boundary of a | 6 |
| currently permitted
pollution control facility; or
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| (3) a permitted pollution control facility requesting | 8 |
| approval to
store, dispose of, transfer or incinerate, for | 9 |
| the first time, any special
or hazardous waste.
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| (Source: P.A. 94-94, eff. 7-1-05; 94-249, eff. 7-19-05; 94-824, | 11 |
| eff. 6-2-06; 95-131, eff. 8-13-07; 95-331, eff. 8-21-07; | 12 |
| 95-408, eff. 8-24-07; 95-177, eff. 1-1-08; revised 11-15-07.)
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