Illinois General Assembly - Full Text of HB5198
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Full Text of HB5198  100th General Assembly


Rep. Lawrence Walsh, Jr.

Filed: 3/7/2018





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2    AMENDMENT NO. ______. Amend House Bill 5198 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Environmental Protection Act is amended by
5changing Sections 3.330, 3.535, 9.4, and 22.16b and by adding
6Sections 3.201, 3.202, 3.299, 3.336, 3.366, and 3.367 as
8    (415 ILCS 5/3.201 new)
9    Sec. 3.201. Gasification. "Gasification" means a process
10through which nonrecycled feedstocks are heated and converted
11into a fuel-gas mixture in an oxygen-deficient atmosphere and
12the mixture is converted into fuels, including ethanol and
13transportation fuels, chemicals, or other chemical feedstocks.
14"Gasification" is not waste incineration or waste treatment.
15    (415 ILCS 5/3.202 new)



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1    Sec. 3.202. Gasification facility. "Gasification facility"
2means a manufacturing facility that receives, separates,
3stores and converts post-use polymers and nonrecycled
4feedstocks using gasification. A "gasification facility" is
5not a pollution control facility, a solid waste treatment
6facility, or a solid waste incineration facility.
7    (415 ILCS 5/3.299 new)
8    Sec. 3.299. Nonrecycled feedstocks. "Nonrecycled
9feedstocks" means one or more of the following materials,
10derived from nonrecycled waste, that has been processed so that
11it may be used as feedstock in a gasification facility:
12        (1) post-use polymers; and
13        (2) non-waste materials as determined by the United
14    States Environmental Protection Agency under 40 CFR
15    241.3(c) or otherwise.
16    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
17    Sec. 3.330. Pollution control facility.
18    (a) "Pollution control facility" is any waste storage site,
19sanitary landfill, waste disposal site, waste transfer
20station, waste treatment facility, or waste incinerator. This
21includes sewers, sewage treatment plants, and any other
22facilities owned or operated by sanitary districts organized
23under the Metropolitan Water Reclamation District Act.
24    The following are not pollution control facilities:



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1        (1) (blank);
2        (2) waste storage sites regulated under 40 CFR, Part
3    761.42;
4        (3) sites or facilities used by any person conducting a
5    waste storage, waste treatment, waste disposal, waste
6    transfer or waste incineration operation, or a combination
7    thereof, for wastes generated by such person's own
8    activities, when such wastes are stored, treated, disposed
9    of, transferred or incinerated within the site or facility
10    owned, controlled or operated by such person, or when such
11    wastes are transported within or between sites or
12    facilities owned, controlled or operated by such person;
13        (4) sites or facilities at which the State is
14    performing removal or remedial action pursuant to Section
15    22.2 or 55.3;
16        (5) abandoned quarries used solely for the disposal of
17    concrete, earth materials, gravel, or aggregate debris
18    resulting from road construction activities conducted by a
19    unit of government or construction activities due to the
20    construction and installation of underground pipes, lines,
21    conduit or wires off of the premises of a public utility
22    company which are conducted by a public utility;
23        (6) sites or facilities used by any person to
24    specifically conduct a landscape composting operation;
25        (7) regional facilities as defined in the Central
26    Midwest Interstate Low-Level Radioactive Waste Compact;



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1        (8) the portion of a site or facility where coal
2    combustion wastes are stored or disposed of in accordance
3    with subdivision (r)(2) or (r)(3) of Section 21;
4        (9) the portion of a site or facility used for the
5    collection, storage or processing of waste tires as defined
6    in Title XIV;
7        (10) the portion of a site or facility used for
8    treatment of petroleum contaminated materials by
9    application onto or incorporation into the soil surface and
10    any portion of that site or facility used for storage of
11    petroleum contaminated materials before treatment. Only
12    those categories of petroleum listed in Section 57.9(a)(3)
13    are exempt under this subdivision (10);
14        (11) the portion of a site or facility where used oil
15    is collected or stored prior to shipment to a recycling or
16    energy recovery facility, provided that the used oil is
17    generated by households or commercial establishments, and
18    the site or facility is a recycling center or a business
19    where oil or gasoline is sold at retail;
20        (11.5) processing sites or facilities that receive
21    only on-specification used oil, as defined in 35 Ill.
22    Admin. Code 739, originating from used oil collectors for
23    processing that is managed under 35 Ill. Admin. Code 739 to
24    produce products for sale to off-site petroleum
25    facilities, if these processing sites or facilities are:
26    (i) located within a home rule unit of local government



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1    with a population of at least 30,000 according to the 2000
2    federal census, that home rule unit of local government has
3    been designated as an Urban Round II Empowerment Zone by
4    the United States Department of Housing and Urban
5    Development, and that home rule unit of local government
6    has enacted an ordinance approving the location of the site
7    or facility and provided funding for the site or facility;
8    and (ii) in compliance with all applicable zoning
9    requirements;
10        (12) the portion of a site or facility utilizing coal
11    combustion waste for stabilization and treatment of only
12    waste generated on that site or facility when used in
13    connection with response actions pursuant to the federal
14    Comprehensive Environmental Response, Compensation, and
15    Liability Act of 1980, the federal Resource Conservation
16    and Recovery Act of 1976, or the Illinois Environmental
17    Protection Act or as authorized by the Agency;
18        (13) the portion of a site or facility that accepts
19    exclusively general construction or demolition debris and
20    is operated and located in accordance with Section 22.38 of
21    this Act;
22        (14) the portion of a site or facility, located within
23    a unit of local government that has enacted local zoning
24    requirements, used to accept, separate, and process
25    uncontaminated broken concrete, with or without protruding
26    metal bars, provided that the uncontaminated broken



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1    concrete and metal bars are not speculatively accumulated,
2    are at the site or facility no longer than one year after
3    their acceptance, and are returned to the economic
4    mainstream in the form of raw materials or products;
5        (15) the portion of a site or facility located in a
6    county with a population over 3,000,000 that has obtained
7    local siting approval under Section 39.2 of this Act for a
8    municipal waste incinerator on or before July 1, 2005 and
9    that is used for a non-hazardous waste transfer station;
10        (16) a site or facility that temporarily holds in
11    transit for 10 days or less, non-putrescible solid waste in
12    original containers, no larger in capacity than 500
13    gallons, provided that such waste is further transferred to
14    a recycling, disposal, treatment, or storage facility on a
15    non-contiguous site and provided such site or facility
16    complies with the applicable 10-day transfer requirements
17    of the federal Resource Conservation and Recovery Act of
18    1976 and United States Department of Transportation
19    hazardous material requirements. For purposes of this
20    Section only, "non-putrescible solid waste" means waste
21    other than municipal garbage that does not rot or become
22    putrid, including, but not limited to, paints, solvent,
23    filters, and absorbents;
24        (17) the portion of a site or facility located in a
25    county with a population greater than 3,000,000 that has
26    obtained local siting approval, under Section 39.2 of this



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1    Act, for a municipal waste incinerator on or before July 1,
2    2005 and that is used for wood combustion facilities for
3    energy recovery that accept and burn only wood material, as
4    included in a fuel specification approved by the Agency;
5        (18) a transfer station used exclusively for landscape
6    waste, including a transfer station where landscape waste
7    is ground to reduce its volume, where the landscape waste
8    is held no longer than 24 hours from the time it was
9    received;
10        (19) the portion of a site or facility that (i) is used
11    for the composting of food scrap, livestock waste, crop
12    residue, uncontaminated wood waste, or paper waste,
13    including, but not limited to, corrugated paper or
14    cardboard, and (ii) meets all of the following
15    requirements:
16            (A) There must not be more than a total of 30,000
17        cubic yards of livestock waste in raw form or in the
18        process of being composted at the site or facility at
19        any one time.
20            (B) All food scrap, livestock waste, crop residue,
21        uncontaminated wood waste, and paper waste must, by the
22        end of each operating day, be processed and placed into
23        an enclosed vessel in which air flow and temperature
24        are controlled, or all of the following additional
25        requirements must be met:
26                (i) The portion of the site or facility used



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1            for the composting operation must include a
2            setback of at least 200 feet from the nearest
3            potable water supply well.
4                (ii) The portion of the site or facility used
5            for the composting operation must be located
6            outside the boundary of the 10-year floodplain or
7            floodproofed.
8                (iii) Except in municipalities with more than
9            1,000,000 inhabitants, the portion of the site or
10            facility used for the composting operation must be
11            located at least one-eighth of a mile from the
12            nearest residence, other than a residence located
13            on the 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;
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 of
7        the home rule unit, as the hydrocarbon feedstock for
8        the production of synthetic gas in accordance with
9        Section 39.9 of this Act;
10            (ii) the portion of the site or facility is in
11        compliance with all applicable zoning requirements;
12        and
13            (iii) a complete application for a demonstration
14        permit at the portion of the site or facility has been
15        submitted to the Agency in accordance with Section 39.9
16        of this Act within one year after July 27, 2010 (the
17        effective date of Public Act 96-1314);
18        (21) the portion of a site or facility used to perform
19    limited testing of a gasification conversion technology in
20    accordance with Section 39.8 of this Act and for which a
21    complete permit application has been submitted to the
22    Agency prior to one year from April 9, 2010 (the effective
23    date of Public Act 96-887);
24        (22) the portion of a site or facility that is used to
25    incinerate only pharmaceuticals from residential sources
26    that are collected and transported by law enforcement



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1    agencies under Section 17.9A of this Act;
2        (23) the portion of a site or facility:
3            (A) that is used exclusively for the transfer of
4        commingled landscape waste and food scrap held at the
5        site or facility for no longer than 24 hours after
6        their receipt;
7            (B) that is located entirely within a home rule
8        unit having a population of (i) not less than 100,000
9        and not more than 115,000 according to the 2010 federal
10        census, (ii) not less than 5,000 and not more than
11        10,000 according to the 2010 federal census, or (iii)
12        not less than 25,000 and not more than 30,000 according
13        to the 2010 federal census or that is located in the
14        unincorporated area of a county having a population of
15        not less than 700,000 and not more than 705,000
16        according to the 2010 federal census;
17            (C) that is permitted, by the Agency, prior to
18        January 1, 2002, for the transfer of landscape waste if
19        located in a home rule unit or that is permitted prior
20        to January 1, 2008 if located in an unincorporated area
21        of a county; and
22            (D) for which a permit application is submitted to
23        the Agency to modify an existing permit for the
24        transfer of landscape waste to also include, on a
25        demonstration basis not to exceed 24 months each time a
26        permit is issued, the transfer of commingled landscape



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1        waste and food scrap or for which a permit application
2        is submitted to the Agency within 6 months of the
3        effective date of this amendatory Act of the 100th
4        General Assembly; and
5        (24) the portion of a municipal solid waste landfill
6    unit:
7            (A) that is located in a county having a population
8        of not less than 55,000 and not more than 60,000
9        according to the 2010 federal census;
10            (B) that is owned by that county;
11            (C) that is permitted, by the Agency, prior to July
12        10, 2015 (the effective date of Public Act 99-12); and
13            (D) for which a permit application is submitted to
14        the Agency within 6 months after July 10, 2015 (the
15        effective date of Public Act 99-12) for the disposal of
16        non-hazardous special waste; and .
17        (25) the portion of a site or facility that receives,
18    separates, stores, and converts post-use polymers and
19    nonrecycled feedstocks into crude oil, fuels, or other raw
20    materials or intermediate or final products or feedstocks
21    using a pyrolysis or gasification process and is regulated
22    under the State's air, water, and waste regulations
23    applicable to manufacturing facilities.
24    (b) A new pollution control facility is:
25        (1) a pollution control facility initially permitted
26    for development or construction after July 1, 1981; or



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1        (2) the area of expansion beyond the boundary of a
2    currently permitted pollution control facility; or
3        (3) a permitted pollution control facility requesting
4    approval to store, dispose of, transfer or incinerate, for
5    the first time, any special or hazardous waste.
6(Source: P.A. 99-12, eff. 7-10-15; 99-440, eff. 8-21-15;
799-642, eff. 7-28-16; 100-94, eff. 8-11-17.)
8    (415 ILCS 5/3.336 new)
9    Sec. 3.336. Post-use polymers. "Post-use polymers" means
10plastic polymers that derive from any household, industrial,
11community, commercial, or other sources of operations or
12activities that might otherwise become a waste if not recycled
13or converted to manufacture crude oil, fuels, or other raw
14materials or intermediate or final products using pyrolysis or
15gasification. "Post-use polymers" may contain incidental
16contaminants or impurities such as paper labels or metal rings.
17"Post-use polymers" are not waste.
18    (415 ILCS 5/3.366 new)
19    Sec. 3.366. Pyrolysis. "Pyrolysis" means a manufacturing
20process through which post-use polymers are heated in the
21absence of oxygen until melted, and thermally decomposed, and
22are then cooled, condensed, and converted to:
23        (1) crude oil, diesel, gasoline, home heating oil, or
24    another fuel;



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1        (2) feedstocks;
2        (3) diesel and gasoline blendstocks;
3        (4) chemicals, waxes, or lubricants; or
4        (5) other raw materials or intermediate or final
5    products.
6    "Pyrolysis" is not waste incineration or waste treatment.
7    (415 ILCS 5/3.367 new)
8    Sec. 3.367. Pyrolysis facility. "Pyrolysis facility" means
9a manufacturing facility that receives, separates, stores, and
10converts post-use polymers using pyrolysis. A "pyrolysis
11facility" is not a pollution control facility, a solid waste
12treatment facility, or a solid waste incineration facility.
13    (415 ILCS 5/3.535)  (was 415 ILCS 5/3.53)
14    Sec. 3.535. Waste. "Waste" means any garbage, sludge from
15a waste treatment plant, water supply treatment plant, or air
16pollution control facility or other discarded material,
17including solid, liquid, semi-solid, or contained gaseous
18material resulting from industrial, commercial, mining and
19agricultural operations, and from community activities, but
20does not include solid or dissolved material in domestic
21sewage, or solid or dissolved materials in irrigation return
22flows, or coal combustion by-products as defined in Section
233.135, or post-use polymers or nonrecycled feedstocks
24processed through pyrolysis or gasification, or industrial



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1discharges which are point sources subject to permits under
2Section 402 of the Federal Water Pollution Control Act, as now
3or hereafter amended, or source, special nuclear, or by-product
4materials as defined by the Atomic Energy Act of 1954, as
5amended (68 Stat. 921) or any solid or dissolved material from
6any facility subject to the Federal Surface Mining Control and
7Reclamation Act of 1977 (P.L. 95-87) or the rules and
8regulations thereunder or any law or rule or regulation adopted
9by the State of Illinois pursuant thereto.
10(Source: P.A. 92-574, eff. 6-26-02.)
11    (415 ILCS 5/9.4)  (from Ch. 111 1/2, par. 1009.4)
12    Sec. 9.4. Municipal waste incineration emission standards.
13    (a) The General Assembly finds:
14        (1) That air pollution from municipal waste
15    incineration may constitute a threat to public health,
16    welfare and the environment. The amounts and kinds of
17    pollutants depend on the nature of the waste stream,
18    operating conditions of the incinerator, and the
19    effectiveness of emission controls. Under normal operating
20    conditions, municipal waste incinerators produce
21    pollutants such as organic compounds, metallic compounds
22    and acid gases which may be a threat to public health,
23    welfare and the environment.
24        (2) That a combustion and flue-gas control system,
25    which is properly designed, operated and maintained, can



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1    substantially reduce the emissions of organic materials,
2    metallic compounds and acid gases from municipal waste
3    incineration.
4    (b) It is the purpose of this Section to insure that
5emissions from new municipal waste incineration facilities
6which burn a total of 25 tons or more of municipal waste per
7day are adequately controlled.
8    Such facilities shall be subject to emissions limits and
9operating standards based upon the application of Best
10Available Control Technology, as determined by the Agency, for
11emissions of the following categories of pollutants:
12        (1) particulate matter, sulfur dioxide and nitrogen
13    oxides;
14        (2) acid gases;
15        (3) heavy metals; and
16        (4) organic materials.
17    (c) The Agency shall issue permits, pursuant to Section 39,
18to new municipal waste incineration facilities only if the
19Agency finds that such facilities are designed, constructed and
20operated so as to comply with the requirements prescribed by
21this Section.
22    Prior to adoption of Board regulations under subsection (d)
23of this Section the Agency may issue permits for the
24construction of new municipal waste incineration facilities.
25The Agency determination of Best Available Control Technology
26shall be based upon consideration of the specific pollutants



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1named in subsection (d), and emissions of particulate matter,
2sulfur dioxide and nitrogen oxides.
3    Nothing in this Section shall limit the applicability of
4any other Sections of this Act, or of other standards or
5regulations adopted by the Board, to municipal waste
6incineration facilities. In issuing such permits, the Agency
7may prescribe those conditions necessary to assure continuing
8compliance with the emission limits and operating standards
9determined pursuant to subsection (b); such conditions may
10include the monitoring and reporting of emissions.
11    (d) Within one year after July 1, 1986, the Board shall
12adopt regulations pursuant to Title VII of this Act, which
13define the terms in items (2), (3) and (4) of subsection (b) of
14this Section which are to be used by the Agency in making its
15determination pursuant to this Section. The provisions of
16Section 27(b) of this Act shall not apply to this rulemaking.
17    Such regulations shall be written so that the categories of
18pollutants include, but need not be limited to, the following
19specific pollutants:
20        (1) hydrogen chloride in the definition of acid gases;
21        (2) arsenic, cadmium, mercury, chromium, nickel and
22    lead in the definition of heavy metals; and
23        (3) polychlorinated dibenzo-p-dioxins, polychlorinated
24    dibenzofurans and polynuclear aromatic hydrocarbons in the
25    definition of organic materials.
26    (e) For the purposes of this Section, the term "Best



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1Available Control Technology" means an emission limitation
2(including a visible emission standard) based on the maximum
3degree of pollutant reduction which the Agency, on a
4case-by-case basis, taking into account energy, environmental
5and economic impacts, determines is achievable through the
6application of production processes or available methods,
7systems and techniques, including fuel cleaning or treatment or
8innovative fuel combustion techniques. If the Agency
9determines that technological or economic limitations on the
10application of measurement methodology to a particular class of
11sources would make the imposition of an emission standard not
12feasible, it may instead prescribe a design, equipment, work
13practice or operational standard, or combination thereof, to
14require the application of best available control technology.
15Such standard shall, to the degree possible, set forth the
16emission reduction achievable by implementation of such
17design, equipment, work practice or operation and shall provide
18for compliance by means which achieve equivalent results.
19    (f) "Municipal waste incineration" means the burning of
20municipal waste or fuel derived therefrom in a combustion
21apparatus designed to burn municipal waste that may produce
22electricity or steam as a by-product. A "new municipal waste
23incinerator" is an incinerator initially permitted for
24development or construction after January 1, 1986. As used in
25this Section, "municipal waste" or "municipal waste or fuel
26derived therefrom" do not include: (i) post-use polymers or



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1nonrecycled feedstocks that are converted into crude oil or
2refined into fuels or feedstocks using a pyrolysis or
3gasification process; and (ii) non-hazardous secondary
4material that is excluded from solid waste when used
5legitimately as a fuel or ingredient in a combustion unit in
6accordance with the standards and criteria set forth in 40 CFR
8    (g) The provisions of this Section shall not apply to
9industrial incineration facilities that burn waste generated
10at the same site.
11(Source: P.A. 91-357, eff. 7-29-99; 92-574, eff. 6-26-02.)
12    (415 ILCS 5/22.16b)  (from Ch. 111 1/2, par. 1022.16b)
13    Sec. 22.16b. (a) Beginning January 1, 1991, the Agency
14shall assess and collect a fee from the owner or operator of
15each new municipal waste incinerator. The fee shall be
16calculated by applying the rates established from time to time
17for the disposal of solid waste at sanitary landfills under
18subdivision (b)(1) of Section 22.15 to the total amount of
19municipal waste accepted for incineration at the new municipal
20waste incinerator. The exemptions provided by this Act to the
21fees imposed under subsection (b) of Section 22.15 shall not
22apply to the fee imposed by this Section.
23    The owner or operator of any new municipal waste
24incinerator permitted after January 1, 1990, but before July 1,
251990 by the Agency for the development or operation of a new



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1municipal waste incinerator shall be exempt from this fee, but
2shall include the following conditions:
3        (1) The owner or operator shall provide information
4    programs to those communities serviced by the owner or
5    operator concerning recycling and separation of waste not
6    suitable for incineration.
7        (2) The owner or operator shall provide information
8    programs to those communities serviced by the owner or
9    operator concerning the Agency's household hazardous waste
10    collection program and participation in that program.
11    For the purposes of this Section, "new municipal waste
12incinerator" means a municipal waste incinerator initially
13permitted for development or construction on or after January
141, 1990. As used in this Section, a "municipal waste
15incinerator" means a municipal waste incineration facility
16under Section 9.4.
17    Amounts collected under this subsection shall be deposited
18into the Municipal Waste Incinerator Tax Fund, which is hereby
19established as an interest-bearing special fund in the State
20Treasury. Monies in the Fund may be used, subject to
22        (1) by the Department of Commerce and Economic
23    Opportunity to fund its public information programs on
24    recycling in those communities served by new municipal
25    waste incinerators; and
26        (2) by the Agency to fund its household hazardous waste



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1    collection activities in those communities served by new
2    municipal waste incinerators.
3    (b) Any permit issued by the Agency for the development or
4operation of a new municipal waste incinerator shall include
5the following conditions:
6        (1) The incinerator must be designed to provide
7    continuous monitoring while in operation, with direct
8    transmission of the resultant data to the Agency, until the
9    Agency determines the best available control technology
10    for monitoring the data. The Agency shall establish the
11    test methods, procedures and averaging periods, as
12    certified by the USEPA for solid waste incinerator units,
13    and the form and frequency of reports containing results of
14    the monitoring. Compliance and enforcement shall be based
15    on such reports. Copies of the results of such monitoring
16    shall be maintained on file at the facility concerned for
17    one year, and copies shall be made available for inspection
18    and copying by interested members of the public during
19    business hours.
20        (2) The facility shall comply with the emission limits
21    adopted by the Agency under subsection (c).
22        (3) The operator of the facility shall take reasonable
23    measures to ensure that waste accepted for incineration
24    complies with all legal requirements for incineration. The
25    incinerator operator shall establish contractual
26    requirements or other notification and inspection



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1    procedures sufficient to assure compliance with this
2    subsection (b)(3) which may include, but not be limited to,
3    routine inspections of waste, lists of acceptable and
4    unacceptable waste provided to haulers and notification to
5    the Agency when the facility operator rejects and sends
6    loads away. The notification shall contain at least the
7    name of the hauler and the site from where the load was
8    hauled.
9        (4) The operator may not accept for incineration any
10    waste generated or collected in a municipality that has not
11    implemented a recycling plan or is party to an implemented
12    county plan, consistent with State goals and objectives.
13    Such plans shall include provisions for collecting,
14    recycling or diverting from landfills and municipal
15    incinerators landscape waste, household hazardous waste
16    and batteries. Such provisions may be performed at the site
17    of the new municipal incinerator.
18    The Agency, after careful scrutiny of a permit application
19for the construction, development or operation of a new
20municipal waste incinerator, shall deny the permit if (i) the
21Agency finds in the permit application noncompliance with the
22laws and rules of the State or (ii) the application indicates
23that the mandated air emissions standards will not be reached
24within six months of the proposed municipal waste incinerator
25beginning operation.
26    (c) The Agency shall adopt specific limitations on the



10000HB5198ham001- 24 -LRB100 19878 MJP 36950 a

1emission of mercury, chromium, cadmium and lead, and good
2combustion practices, including temperature controls from
3municipal waste incinerators pursuant to Section 9.4 of the
5    (d) The Agency shall establish household hazardous waste
6collection centers in appropriate places in this State. The
7Agency may operate and maintain the centers itself or may
8contract with other parties for that purpose. The Agency shall
9ensure that the wastes collected are properly disposed of. The
10collection centers may charge fees for their services, not to
11exceed the costs incurred. Such collection centers shall not
12(i) be regulated as hazardous waste facilities under RCRA nor
13(ii) be subject to local siting approval under Section 39.2 if
14the local governing authority agrees to waive local siting
15approval procedures.
16(Source: P.A. 94-793, eff. 5-19-06.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".