Full Text of SB3129 100th General Assembly
SB3129sam001 100TH GENERAL ASSEMBLY | Sen. Pat McGuire Filed: 4/6/2018
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| 1 | | AMENDMENT TO SENATE BILL 3129
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3129 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, 3.535, 9.4, and 22.16b and by adding | 6 | | Sections 3.201, 3.202, 3.299, 3.336, 3.366, and 3.367 as | 7 | | follows: | 8 | | (415 ILCS 5/3.201 new) | 9 | | Sec. 3.201. Gasification. "Gasification" means a process | 10 | | through which nonrecycled feedstocks are heated and converted | 11 | | into a fuel-gas mixture in an oxygen-deficient atmosphere and | 12 | | the mixture is converted into fuels, including ethanol and | 13 | | transportation 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" | 2 | | means a manufacturing facility that receives, separates, | 3 | | stores and converts post-use polymers and nonrecycled | 4 | | feedstocks using gasification. A "gasification facility" is | 5 | | not a pollution control facility, a solid waste treatment | 6 | | facility, or a solid waste incineration facility. | 7 | | (415 ILCS 5/3.299 new) | 8 | | Sec. 3.299. Nonrecycled feedstocks. "Nonrecycled | 9 | | feedstocks" means one or more of the following materials, | 10 | | derived from nonrecycled waste, that has been processed so that | 11 | | it 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, | 19 | | sanitary
landfill, waste disposal site, waste transfer | 20 | | station, waste treatment
facility, or waste incinerator. This | 21 | | includes sewers, sewage treatment
plants, and any other | 22 | | facilities owned or operated by sanitary districts
organized | 23 | | under 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; | 7 | | 99-642, 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 | 10 | | plastic polymers that derive from any household, industrial, | 11 | | community, commercial, or other sources of operations or | 12 | | activities that might otherwise become a waste if not recycled | 13 | | or converted to manufacture crude oil, fuels, or other raw | 14 | | materials or intermediate or final products using pyrolysis or | 15 | | gasification. "Post-use polymers" may contain incidental | 16 | | contaminants 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 | 20 | | process through which post-use polymers are heated in the | 21 | | absence of oxygen until melted, and thermally decomposed, and | 22 | | are 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 | 9 | | a manufacturing facility that receives, separates, stores, and | 10 | | converts post-use polymers using pyrolysis. A "pyrolysis | 11 | | facility" is not a pollution control facility, a solid waste | 12 | | treatment 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 | 15 | | a waste treatment plant,
water supply treatment plant, or air | 16 | | pollution control facility or other
discarded material, | 17 | | including solid, liquid, semi-solid, or contained
gaseous | 18 | | material resulting from industrial, commercial, mining and
| 19 | | agricultural operations, and from community activities, but | 20 | | does not
include solid or dissolved material in domestic | 21 | | sewage, or solid or
dissolved materials in irrigation return | 22 | | flows, or coal combustion
by-products as defined in Section | 23 | | 3.135, or post-use polymers or nonrecycled feedstocks | 24 | | processed through pyrolysis or gasification, or industrial
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| 1 | | discharges which are point sources subject to permits under | 2 | | Section
402 of the Federal Water Pollution Control Act, as now | 3 | | or hereafter
amended, or source, special nuclear, or by-product | 4 | | materials as
defined by the Atomic Energy Act of 1954, as | 5 | | amended (68 Stat. 921)
or any solid or dissolved material from | 6 | | any facility subject to
the Federal Surface Mining Control and | 7 | | Reclamation Act of 1977 (P.L.
95-87) or the rules and | 8 | | regulations thereunder or any law or rule or
regulation adopted | 9 | | by 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 | 5 | | emissions from new
municipal waste incineration facilities | 6 | | which burn a total of 25 tons or
more of municipal waste per | 7 | | day are adequately controlled.
| 8 | | Such facilities shall be subject to emissions limits and | 9 | | operating
standards based upon the application of Best | 10 | | Available Control Technology,
as determined by the Agency, for | 11 | | emissions 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, | 18 | | to new
municipal waste incineration facilities only if the | 19 | | Agency finds that such
facilities are designed, constructed and | 20 | | operated so as to comply with the
requirements prescribed by | 21 | | this Section.
| 22 | | Prior to adoption of Board regulations under subsection (d) | 23 | | of this
Section the Agency may issue permits for the | 24 | | construction of new municipal
waste incineration facilities. | 25 | | The Agency determination of Best Available
Control Technology | 26 | | shall be based upon consideration of the specific
pollutants |
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| 1 | | named in subsection (d), and emissions of particulate matter,
| 2 | | sulfur dioxide and nitrogen oxides.
| 3 | | Nothing in this Section shall limit
the applicability of | 4 | | any other Sections of this Act, or of other standards
or | 5 | | regulations adopted by the Board, to municipal waste | 6 | | incineration
facilities. In issuing such permits, the Agency | 7 | | may prescribe those
conditions necessary to assure continuing | 8 | | compliance with the emission
limits and operating standards | 9 | | determined pursuant to subsection (b); such
conditions may | 10 | | include the monitoring and reporting of emissions.
| 11 | | (d) Within one year after July 1, 1986, the Board shall | 12 | | adopt regulations pursuant to Title
VII of this Act, which | 13 | | define the terms in items (2), (3) and (4) of subsection
(b) of | 14 | | this Section which are to be used by the Agency in making its
| 15 | | determination pursuant to this Section. The provisions of | 16 | | Section 27(b) of
this Act shall not apply to this rulemaking.
| 17 | | Such regulations shall be written so that the categories of | 18 | | pollutants
include, but need not be limited to, the following | 19 | | specific 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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| 1 | | Available Control
Technology" means an emission limitation
| 2 | | (including a visible emission standard) based on the maximum | 3 | | degree of
pollutant reduction which the Agency, on a | 4 | | case-by-case basis, taking into
account energy, environmental | 5 | | and economic impacts, determines is
achievable through the | 6 | | application of production processes or available
methods, | 7 | | systems and techniques, including fuel cleaning or treatment or
| 8 | | innovative fuel combustion techniques. If the Agency | 9 | | determines that
technological or economic limitations on the | 10 | | application of measurement
methodology to a particular class of | 11 | | sources would make the imposition of
an emission standard not | 12 | | feasible, it may instead prescribe a design,
equipment, work | 13 | | practice or operational standard, or combination thereof,
to | 14 | | require the application of best available control technology. | 15 | | Such standard
shall, to the degree possible, set forth the | 16 | | emission reduction achievable by
implementation of such | 17 | | design, equipment, work practice or operation and
shall provide | 18 | | for compliance by means which achieve equivalent results.
| 19 | | (f) "Municipal waste incineration" means the burning of | 20 | | municipal waste
or fuel derived therefrom in a combustion | 21 | | apparatus designed to burn
municipal waste that may produce | 22 | | electricity or steam as a by-product. A
"new municipal waste | 23 | | incinerator" is an incinerator initially permitted for
| 24 | | development or construction after January 1, 1986. As used in | 25 | | this Section, "municipal waste" or "municipal waste or fuel | 26 | | derived therefrom" do not include: (i) post-use polymers or |
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| 1 | | nonrecycled feedstocks that are converted into crude oil or | 2 | | refined into fuels or feedstocks using a pyrolysis or | 3 | | gasification process; and (ii) non-hazardous secondary | 4 | | material that is excluded from solid waste when used | 5 | | legitimately as a fuel or ingredient in a combustion unit in | 6 | | accordance with the standards and criteria set forth in 40 CFR | 7 | | 241.
| 8 | | (g) The provisions of this Section shall not apply to | 9 | | industrial
incineration facilities that burn waste generated | 10 | | at 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 | 14 | | shall assess and
collect a fee from the owner or operator of | 15 | | each new municipal waste
incinerator. The fee shall be | 16 | | calculated by applying the rates established
from time to time | 17 | | for the disposal of solid waste at sanitary landfills
under | 18 | | subdivision (b)(1) of Section 22.15 to the total amount of | 19 | | municipal
waste accepted for incineration at the new municipal | 20 | | waste incinerator.
The exemptions provided by this Act to the | 21 | | fees imposed under subsection
(b) of Section 22.15 shall not | 22 | | apply to the fee imposed by this Section.
| 23 | | The owner or operator of any new municipal waste | 24 | | incinerator permitted
after January 1, 1990, but before July 1, | 25 | | 1990 by the Agency for the
development or operation of a new |
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| 1 | | municipal waste incinerator shall be exempt
from this fee, but | 2 | | shall 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 | 12 | | incinerator" means
a municipal waste incinerator initially | 13 | | permitted for development or
construction on or after January | 14 | | 1, 1990. As used in this Section, a "municipal waste | 15 | | incinerator" means a municipal waste incineration facility | 16 | | under Section 9.4.
| 17 | | Amounts collected under this subsection shall be deposited | 18 | | into the
Municipal Waste Incinerator Tax Fund, which is hereby | 19 | | established as an
interest-bearing special fund in the State | 20 | | Treasury. Monies in the Fund
may be used, subject to | 21 | | appropriation:
| 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 | 4 | | operation of
a new municipal waste incinerator shall include | 5 | | the 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 | 19 | | for the
construction, development or operation of a new | 20 | | municipal waste incinerator,
shall deny the permit if (i) the | 21 | | Agency finds in the permit application
noncompliance with the | 22 | | laws and rules of the State or (ii) the application
indicates | 23 | | that the mandated air emissions standards will not be reached | 24 | | within
six months of the proposed municipal waste incinerator | 25 | | beginning operation.
| 26 | | (c) The Agency shall adopt specific limitations on the |
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| 1 | | emission of
mercury, chromium, cadmium and lead, and good | 2 | | combustion practices, including
temperature controls from | 3 | | municipal waste incinerators pursuant to Section 9.4
of the | 4 | | Act.
| 5 | | (d) The Agency shall establish household hazardous waste | 6 | | collection
centers in appropriate places in this State. The | 7 | | Agency may operate and
maintain the centers itself or may | 8 | | contract with other parties for that
purpose. The Agency shall | 9 | | ensure that the wastes collected are properly
disposed of. The | 10 | | collection centers may charge fees for their services,
not to | 11 | | exceed 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 | 14 | | the local governing authority
agrees to waive local siting | 15 | | approval procedures.
| 16 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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