Full Text of SB2288 97th General Assembly
SB2288sam001 97TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 3/9/2011
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| 1 | | AMENDMENT TO SENATE BILL 2288
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2288 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Sections 3.330 and 9.4 and by adding Section 3.386 as | 6 | | follows:
| 7 | | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
| 8 | | Sec. 3.330. Pollution control facility.
| 9 | | (a) "Pollution control facility" is any waste storage site, | 10 | | sanitary
landfill, waste disposal site, waste transfer | 11 | | station, waste treatment
facility, or waste incinerator. This | 12 | | includes sewers, sewage treatment
plants, and any other | 13 | | facilities owned or operated by sanitary districts
organized | 14 | | under the Metropolitan Water Reclamation District Act.
| 15 | | The following are not pollution control facilities:
| 16 | | (1) (blank);
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| 1 | | (2) waste storage sites regulated under 40 CFR, Part | 2 | | 761.42;
| 3 | | (3) sites or facilities used by any person conducting a | 4 | | waste storage,
waste treatment, waste disposal, waste | 5 | | transfer or waste incineration
operation, or a combination | 6 | | thereof, for wastes generated by such person's
own | 7 | | activities, when such wastes are stored, treated, disposed | 8 | | of,
transferred or incinerated within the site or facility | 9 | | owned, controlled or
operated by such person, or when such | 10 | | wastes are transported within or
between sites or | 11 | | facilities owned, controlled or operated by such person;
| 12 | | (4) sites or facilities at which the State is | 13 | | performing removal or
remedial action pursuant to Section | 14 | | 22.2 or 55.3;
| 15 | | (5) abandoned quarries used solely for the disposal of | 16 | | concrete, earth
materials, gravel, or aggregate debris | 17 | | resulting from road construction
activities conducted by a | 18 | | unit of government or construction activities due
to the | 19 | | construction and installation of underground pipes, lines, | 20 | | conduit
or wires off of the premises of a public utility | 21 | | company which are
conducted by a public utility;
| 22 | | (6) sites or facilities used by any person to | 23 | | specifically conduct a
landscape composting operation;
| 24 | | (7) regional facilities as defined in the Central | 25 | | Midwest Interstate
Low-Level Radioactive Waste Compact;
| 26 | | (8) the portion of a site or facility where coal |
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| 1 | | combustion wastes are
stored or disposed of in accordance | 2 | | with subdivision (r)(2) or (r)(3) of
Section 21;
| 3 | | (9) the portion of a site or facility used for the | 4 | | collection,
storage or processing of waste tires as defined | 5 | | in Title XIV;
| 6 | | (10) the portion of a site or facility used for | 7 | | treatment of
petroleum contaminated materials by | 8 | | application onto or incorporation into
the soil surface and | 9 | | any portion of that site or facility used for storage
of | 10 | | petroleum contaminated materials before treatment. Only | 11 | | those categories
of petroleum listed in Section
57.9(a)(3) | 12 | | are exempt under this subdivision (10);
| 13 | | (11) the portion of a site or facility where used oil | 14 | | is collected or
stored prior to shipment to a recycling or | 15 | | energy recovery facility, provided
that the used oil is | 16 | | generated by households or commercial establishments, and
| 17 | | the site or facility is a recycling center or a business | 18 | | where oil or gasoline
is sold at retail; | 19 | | (11.5) processing sites or facilities that receive | 20 | | only on-specification used oil, as defined in 35 Ill. | 21 | | Admin. Code 739, originating from used oil collectors for | 22 | | processing that is managed under 35 Ill. Admin. Code 739 to | 23 | | produce products for sale to off-site petroleum | 24 | | facilities, if these processing sites or facilities are: | 25 | | (i) located within a home rule unit of local government | 26 | | with a population of at least 30,000 according to the 2000 |
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| 1 | | federal census, that home rule unit of local government has | 2 | | been designated as an Urban Round II Empowerment Zone by | 3 | | the United States Department of Housing and Urban | 4 | | Development, and that home rule unit of local government | 5 | | has enacted an ordinance approving the location of the site | 6 | | or facility and provided funding for the site or facility; | 7 | | and (ii) in compliance with all applicable zoning | 8 | | requirements;
| 9 | | (12) the portion of a site or facility utilizing coal | 10 | | combustion waste
for stabilization and treatment of only | 11 | | waste generated on that site or
facility when used in | 12 | | connection with response actions pursuant to the federal
| 13 | | Comprehensive Environmental Response, Compensation, and | 14 | | Liability Act of 1980,
the federal Resource Conservation | 15 | | and Recovery Act of 1976, or the Illinois
Environmental | 16 | | Protection Act or as authorized by the Agency;
| 17 | | (13) the portion of a site or facility that (i) accepts | 18 | | exclusively general
construction or demolition debris, | 19 | | (ii) is located in a county with a population over
| 20 | | 3,000,000 as of January 1, 2000 or in a county that is | 21 | | contiguous to such a county, and (iii) is operated and | 22 | | located in accordance with Section 22.38 of this Act; | 23 | | (14) the portion of a site or facility, located within | 24 | | a unit of local government that has enacted local zoning | 25 | | requirements, used to accept, separate, and process | 26 | | uncontaminated broken concrete, with or without protruding |
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| 1 | | metal bars, provided that the uncontaminated broken | 2 | | concrete and metal bars are not speculatively accumulated, | 3 | | are at the site or facility no longer than one year after | 4 | | their acceptance, and are returned to the economic | 5 | | mainstream in the form of raw materials or products;
| 6 | | (15) the portion of a site or facility located in a | 7 | | county with a population over 3,000,000 that has obtained | 8 | | local siting approval under Section 39.2 of this Act for a | 9 | | municipal waste incinerator on or before July 1, 2005 and | 10 | | that is used for a non-hazardous waste transfer station;
| 11 | | (16) a site or facility that temporarily holds in | 12 | | transit for 10 days or less, non-petruscible solid waste in | 13 | | original containers, no larger in capacity than 500 | 14 | | gallons, provided that such waste is further transferred to | 15 | | a recycling, disposal, treatment, or storage facility on a | 16 | | non-contiguous site and provided such site or facility | 17 | | complies with the applicable 10-day transfer requirements | 18 | | of the federal Resource Conservation and Recovery Act of | 19 | | 1976 and United States Department of Transportation | 20 | | hazardous material requirements. For purposes of this | 21 | | Section only, "non-petruscible solid waste" means waste | 22 | | other than municipal garbage that does not rot or become | 23 | | putrid, including, but not limited to, paints, solvent, | 24 | | filters, and absorbents;
| 25 | | (17)
the portion of a site or facility located in a | 26 | | county with a population greater than 3,000,000 that has |
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| 1 | | obtained local siting approval, under Section 39.2 of this | 2 | | Act, for a municipal waste incinerator on or before July 1, | 3 | | 2005 and that is used for wood combustion facilities for | 4 | | energy recovery that accept and burn only wood material, as | 5 | | included in a fuel specification approved by the Agency;
| 6 | | (18)
a transfer station used exclusively for landscape | 7 | | waste, including a transfer station where landscape waste | 8 | | is ground to reduce its volume, where the landscape waste | 9 | | is held no longer than 24 hours from the time it was | 10 | | received; | 11 | | (19) the portion of a site or facility that (i) is used | 12 | | for the composting of food scrap, livestock waste, crop | 13 | | residue, uncontaminated wood waste, or paper waste, | 14 | | including, but not limited to, corrugated paper or | 15 | | cardboard, and (ii) meets all of the following | 16 | | requirements: | 17 | | (A) There must not be more than a total of 30,000 | 18 | | cubic yards of livestock waste in raw form or in the | 19 | | process of being composted at the site or facility at | 20 | | any one time. | 21 | | (B) All food scrap, livestock waste, crop residue, | 22 | | uncontaminated wood waste, and paper waste must, by the | 23 | | end of each operating day, be processed and placed into | 24 | | an enclosed vessel in which air flow and temperature | 25 | | are controlled, or all of the following additional | 26 | | requirements must be met: |
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| 1 | | (i) The portion of the site or facility used | 2 | | for the composting operation must include a | 3 | | setback of at least 200 feet from the nearest | 4 | | potable water supply well. | 5 | | (ii) The portion of the site or facility used | 6 | | for the composting operation must be located | 7 | | outside the boundary of the 10-year floodplain or | 8 | | floodproofed. | 9 | | (iii) The portion of the site or facility used | 10 | | for the composting operation must be located at | 11 | | least one-eighth of a mile from the nearest | 12 | | residence, other than a residence located on the | 13 | | same property as the site or facility. | 14 | | (iv) The portion of the site or facility used | 15 | | for the composting operation must be located at | 16 | | least one-eighth of a mile from the property line | 17 | | of all of the following areas: | 18 | | (I) Facilities that primarily serve to | 19 | | house or treat people that are | 20 | | immunocompromised or immunosuppressed, such as | 21 | | cancer or AIDS patients; people with asthma, | 22 | | cystic fibrosis, or bioaerosol allergies; or | 23 | | children under the age of one year. | 24 | | (II) Primary and secondary schools and | 25 | | adjacent areas that the schools use for | 26 | | recreation. |
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| 1 | | (III) Any facility for child care licensed | 2 | | under Section 3 of the Child Care Act of 1969; | 3 | | preschools; and adjacent areas that the | 4 | | facilities or preschools use for recreation. | 5 | | (v) By the end of each operating day, all food | 6 | | scrap, livestock waste, crop residue, | 7 | | uncontaminated wood waste, and paper waste must be | 8 | | (i) processed into windrows or other piles and (ii) | 9 | | covered in a manner that prevents scavenging by | 10 | | birds and animals and that prevents other | 11 | | nuisances. | 12 | | (C) Food scrap, livestock waste, crop residue, | 13 | | uncontaminated wood waste, paper waste, and compost | 14 | | must not be placed within 5 feet of the water table. | 15 | | (D) The site or facility must meet all of the | 16 | | requirements of the Wild and Scenic Rivers Act (16 | 17 | | U.S.C. 1271 et seq.). | 18 | | (E) The site or facility must not (i) restrict the | 19 | | flow of a 100-year flood, (ii) result in washout of | 20 | | food scrap, livestock waste, crop residue, | 21 | | uncontaminated wood waste, or paper waste from a | 22 | | 100-year flood, or (iii) reduce the temporary water | 23 | | storage capacity of the 100-year floodplain, unless | 24 | | measures are undertaken to provide alternative storage | 25 | | capacity, such as by providing lagoons, holding tanks, | 26 | | or drainage around structures at the facility. |
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| 1 | | (F) The site or facility must not be located in any | 2 | | area where it may pose a threat of harm or destruction | 3 | | to the features for which: | 4 | | (i) an irreplaceable historic or | 5 | | archaeological site has been listed under the | 6 | | National Historic Preservation Act (16 U.S.C. 470 | 7 | | et seq.) or the Illinois Historic Preservation | 8 | | Act; | 9 | | (ii) a natural landmark has been designated by | 10 | | the National Park Service or the Illinois State | 11 | | Historic Preservation Office; or | 12 | | (iii) a natural area has been designated as a | 13 | | Dedicated Illinois Nature Preserve under the | 14 | | Illinois Natural Areas Preservation Act. | 15 | | (G) The site or facility must not be located in an | 16 | | area where it may jeopardize the continued existence of | 17 | | any designated endangered species, result in the | 18 | | destruction or adverse modification of the critical | 19 | | habitat for such species, or cause or contribute to the | 20 | | taking of any endangered or threatened species of | 21 | | plant, fish, or wildlife listed under the Endangered | 22 | | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | 23 | | Endangered Species Protection Act; and | 24 | | (20) the portion of a site or facility that is located | 25 | | entirely within a home rule unit having a population of no | 26 | | less than 120,000 and no more than 135,000, according to |
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| 1 | | the 2000 federal census, and that meets all of the | 2 | | following requirements: | 3 | | (i) the portion of the site or facility is used | 4 | | exclusively to perform testing of a thermochemical | 5 | | conversion technology using only woody biomass, | 6 | | collected as landscape waste within the boundaries | 7 | | of the home rule unit, as the hydrocarbon feedstock | 8 | | for the production of synthetic gas in accordance | 9 | | with Section 39.9 of this Act; | 10 | | (ii) the portion of the site or facility is in | 11 | | compliance with all applicable zoning | 12 | | requirements; and | 13 | | (iii) a complete application for a | 14 | | demonstration permit at the portion of the site or | 15 | | facility has been submitted to the Agency in | 16 | | accordance with Section 39.9 of this Act within one | 17 | | year after July 27, 2010 ( the effective date of | 18 | | Public Act 96-1314); this amendatory Act of the | 19 | | 96th General Assembly | 20 | | (21) (19) the portion of a site or facility used to | 21 | | perform limited testing of a gasification conversion | 22 | | technology in accordance with Section 39.8 of this Act and | 23 | | for which a complete permit application has been submitted | 24 | | to the Agency prior to one year from April 9, 2010 ( the | 25 | | effective date of Public Act 96-887); and this amendatory | 26 | | Act of the 96th General Assembly .
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| 1 | | (22) Any combustion unit that qualifies for one or more | 2 | | of the exemptions set forth in 40 CFR Part 60.1020. | 3 | | (b) A new pollution control facility is:
| 4 | | (1) a pollution control facility initially permitted | 5 | | for development or
construction after July 1, 1981; or
| 6 | | (2) the area of expansion beyond the boundary of a | 7 | | currently permitted
pollution control facility; or
| 8 | | (3) a permitted pollution control facility requesting | 9 | | approval to
store, dispose of, transfer or incinerate, for | 10 | | the first time, any special
or hazardous waste.
| 11 | | (Source: P.A. 95-131, eff. 8-13-07; 95-177, eff. 1-1-08; | 12 | | 95-331, eff. 8-21-07; 95-408, eff. 8-24-07; 95-876, eff. | 13 | | 8-21-08; 96-418, eff. 1-1-10; 96-611, eff. 8-24-09; 96-887, | 14 | | eff. 4-9-10; 96-1000, eff. 7-2-10; 96-1068, eff. 7-16-10; | 15 | | 96-1314, eff. 7-27-10; revised 9-2-10.)
| 16 | | (415 ILCS 5/3.386 new) | 17 | | Sec. 3.386. Refuse-derived fuel. "Refuse-derived fuel" | 18 | | means a type of fuel produced by processing municipal solid | 19 | | waste through shredding and size classification. | 20 | | "Refuse-derived fuel" includes, but is not limited to: (1) | 21 | | refuse-derived fuel ranging in density from low density fluff | 22 | | refuse-derived fuel to densified refuse-derived fuel and (2) | 23 | | pelletized refuse-derived fuel. "Refuse-derived fuel" does not | 24 | | include any fuel produced using a carbonization and low | 25 | | temperature pyrolysis process to alter the chemical |
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| 1 | | composition of the end product by: (1) reducing the moisture | 2 | | content to less than 2% by volume; (2) increasing the heating | 3 | | value to at least 9,500 Btus/lb; (3) increasing the energy | 4 | | density to at least 250,000 Btus/cubic foot; and (4) | 5 | | substantially reducing the levels of sulfur and chlorine to | 6 | | less than 0.5% by weight.
| 7 | | (415 ILCS 5/9.4) (from Ch. 111 1/2, par. 1009.4)
| 8 | | Sec. 9.4. Municipal waste incineration emission standards.
| 9 | | (a) The General Assembly finds:
| 10 | | (1) That air pollution from municipal waste | 11 | | incineration may constitute
a threat to public health, | 12 | | welfare and the environment. The amounts and
kinds of | 13 | | pollutants depend on the nature of the waste stream, | 14 | | operating
conditions of the incinerator, and the | 15 | | effectiveness of emission controls.
Under normal operating | 16 | | conditions, municipal waste incinerators produce
| 17 | | pollutants such as organic compounds, metallic compounds | 18 | | and acid gases
which may be a threat to public health, | 19 | | welfare and the environment.
| 20 | | (2) That a combustion and flue-gas control system, | 21 | | which is properly
designed, operated and maintained, can | 22 | | substantially reduce the emissions
of organic materials, | 23 | | metallic compounds and acid gases from municipal
waste | 24 | | incineration.
| 25 | | (b) It is the purpose of this Section to insure that |
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| 1 | | emissions from new
municipal waste incineration facilities | 2 | | which burn a total of 25 tons or
more of municipal waste per | 3 | | day are adequately controlled.
| 4 | | Such facilities shall be subject to emissions limits and | 5 | | operating
standards based upon the application of Best | 6 | | Available Control Technology,
as determined by the Agency, for | 7 | | emissions of the following categories of
pollutants:
| 8 | | (1) particulate matter, sulfur dioxide and nitrogen | 9 | | oxides;
| 10 | | (2) acid gases;
| 11 | | (3) heavy metals; and
| 12 | | (4) organic materials.
| 13 | | (c) The Agency shall issue permits, pursuant to Section 39, | 14 | | to new
municipal waste incineration facilities only if the | 15 | | Agency finds that such
facilities are designed, constructed and | 16 | | operated so as to comply with the
requirements prescribed by | 17 | | this Section.
| 18 | | Prior to adoption of Board regulations under subsection (d) | 19 | | of this
Section the Agency may issue permits for the | 20 | | construction of new municipal
waste incineration facilities. | 21 | | The Agency determination of Best Available
Control Technology | 22 | | shall be based upon consideration of the specific
pollutants | 23 | | named in subsection (d), and emissions of particulate matter,
| 24 | | sulfur dioxide and nitrogen oxides.
| 25 | | Nothing in this Section shall limit
the applicability of | 26 | | any other Sections of this Act, or of other standards
or |
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| 1 | | regulations adopted by the Board, to municipal waste | 2 | | incineration
facilities. In issuing such permits, the Agency | 3 | | may prescribe those
conditions necessary to assure continuing | 4 | | compliance with the emission
limits and operating standards | 5 | | determined pursuant to subsection (b); such
conditions may | 6 | | include the monitoring and reporting of emissions.
| 7 | | (d) Within one year after July 1, 1986, the Board shall | 8 | | adopt regulations pursuant to Title
VII of this Act, which | 9 | | define the terms in items (2), (3) and (4) of subsection
(b) of | 10 | | this Section which are to be used by the Agency in making its
| 11 | | determination pursuant to this Section. The provisions of | 12 | | Section 27(b) of
this Act shall not apply to this rulemaking.
| 13 | | Such regulations shall be written so that the categories of | 14 | | pollutants
include, but need not be limited to, the following | 15 | | specific pollutants:
| 16 | | (1) hydrogen chloride in the definition of acid gases;
| 17 | | (2) arsenic, cadmium, mercury, chromium, nickel and | 18 | | lead in the
definition of heavy metals; and
| 19 | | (3) polychlorinated dibenzo-p-dioxins, polychlorinated | 20 | | dibenzofurans and
polynuclear aromatic hydrocarbons in the | 21 | | definition of organic materials.
| 22 | | (e) For the purposes of this Section, the term "Best | 23 | | Available Control
Technology" means an emission limitation
| 24 | | (including a visible emission standard) based on the maximum | 25 | | degree of
pollutant reduction which the Agency, on a | 26 | | case-by-case basis, taking into
account energy, environmental |
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| 1 | | and economic impacts, determines is
achievable through the | 2 | | application of production processes or available
methods, | 3 | | systems and techniques, including fuel cleaning or treatment or
| 4 | | innovative fuel combustion techniques. If the Agency | 5 | | determines that
technological or economic limitations on the | 6 | | application of measurement
methodology to a particular class of | 7 | | sources would make the imposition of
an emission standard not | 8 | | feasible, it may instead prescribe a design,
equipment, work | 9 | | practice or operational standard, or combination thereof,
to | 10 | | require the application of best available control technology. | 11 | | Such standard
shall, to the degree possible, set forth the | 12 | | emission reduction achievable by
implementation of such | 13 | | design, equipment, work practice or operation and
shall provide | 14 | | for compliance by means which achieve equivalent results.
| 15 | | (f) "Municipal waste incineration" means the burning of | 16 | | municipal waste
or refuse-derived fuel, as defined in Section | 17 | | 3.386 of this Act, fuel derived therefrom in a combustion | 18 | | apparatus designed to burn
municipal waste that may produce | 19 | | electricity or steam as a by-product. "Municipal waste | 20 | | incineration" does not include the burning of any fuel that is | 21 | | expressly exempted from the definition of "refuse-derived | 22 | | fuel" under Section 3.386 of this Act. A
"new municipal waste | 23 | | incinerator" is an incinerator initially permitted for
| 24 | | development or construction after January 1, 1986.
| 25 | | (g) The provisions of this Section shall not apply to | 26 | | industrial
incineration facilities that burn waste generated |
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| 1 | | at the same site.
| 2 | | (Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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