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Full Text of SB1089  102nd General Assembly

SB1089sam003 102ND GENERAL ASSEMBLY

Sen. Michael E. Hastings

Filed: 4/28/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1089

2    AMENDMENT NO. ______. Amend Senate Bill 1089 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Environmental Protection Act is amended by
5changing Sections 3.160, 3.330, 21, 22.15, 22.38, 31.1, and 42
6as follows:
 
7    (415 ILCS 5/3.160)  (was 415 ILCS 5/3.78 and 3.78a)
8    Sec. 3.160. Construction or demolition debris.
9    (a) "General construction or demolition debris" means
10non-hazardous, uncontaminated materials resulting from the
11construction, remodeling, repair, and demolition of utilities,
12structures, and roads, limited to the following: bricks,
13concrete, and other masonry materials; soil; rock; wood,
14including non-hazardous painted, treated, and coated wood and
15wood products; wall coverings; plaster; drywall; plumbing
16fixtures; non-asbestos insulation; roofing shingles and other

 

 

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1roof coverings; reclaimed or other asphalt pavement; glass;
2plastics that are not sealed in a manner that conceals waste;
3electrical wiring and components containing no hazardous
4substances; and corrugated cardboard, piping or metals
5incidental to any of those materials.
6    General construction or demolition debris does not include
7uncontaminated soil generated during construction, remodeling,
8repair, and demolition of utilities, structures, and roads
9provided the uncontaminated soil is not commingled with any
10general construction or demolition debris or other waste.
11    To the extent allowed by federal law, uncontaminated
12concrete with protruding rebar shall be considered clean
13construction or demolition debris and shall not be considered
14"waste" if it is separated or processed and returned to the
15economic mainstream in the form of raw materials or products
16within 4 years of its generation, if it is not speculatively
17accumulated and, if used as a fill material, it is used in
18accordance with item (i) in subsection (b) of this Section.
19    (a-1) "General construction or demolition debris recovery
20facility" means a site or facility used to store or treat
21exclusively general construction or demolition debris,
22including, but not limited to, sorting, separating, or
23transferring, for recycling, reclamation, or reuse. For
24purposes of this definition, treatment includes altering the
25physical nature of the general construction or demolition
26debris, such as by size reduction, crushing, grinding, or

 

 

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1homogenization, but does not include treatment designed to
2change the chemical nature of the general construction or
3demolition debris.
4    (b) "Clean construction or demolition debris" means
5uncontaminated broken concrete without protruding metal bars,
6bricks, rock, stone, reclaimed or other asphalt pavement, or
7soil generated from construction or demolition activities.
8    Clean construction or demolition debris does not include
9uncontaminated soil generated during construction, remodeling,
10repair, and demolition of utilities, structures, and roads
11provided the uncontaminated soil is not commingled with any
12clean construction or demolition debris or other waste.
13    To the extent allowed by federal law, clean construction
14or demolition debris shall not be considered "waste" if it is
15(i) used as fill material outside of a setback zone if the fill
16is placed no higher than the highest point of elevation
17existing prior to the filling immediately adjacent to the fill
18area, and if covered by sufficient uncontaminated soil to
19support vegetation within 30 days of the completion of filling
20or if covered by a road or structure, and, if used as fill
21material in a current or former quarry, mine, or other
22excavation, is used in accordance with the requirements of
23Section 22.51 of this Act and the rules adopted thereunder or
24(ii) separated or processed and returned to the economic
25mainstream in the form of raw materials or products, if it is
26not speculatively accumulated and, if used as a fill material,

 

 

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1it is used in accordance with item (i), or (iii) solely broken
2concrete without protruding metal bars used for erosion
3control, or (iv) generated from the construction or demolition
4of a building, road, or other structure and used to construct,
5on the site where the construction or demolition has taken
6place, a manmade functional structure not to exceed 20 feet
7above the highest point of elevation of the property
8immediately adjacent to the new manmade functional structure
9as that elevation existed prior to the creation of that new
10structure, provided that the structure shall be covered with
11sufficient soil materials to sustain vegetation or by a road
12or structure, and further provided that no such structure
13shall be constructed within a home rule municipality with a
14population over 500,000 without the consent of the
15municipality.
16    For purposes of this subsection (b), reclaimed or other
17asphalt pavement shall not be considered speculatively
18accumulated if: (i) it is not commingled with any other clean
19construction or demolition debris or any waste; (ii) it is
20returned to the economic mainstream in the form of raw
21materials or products within 4 years after its generation;
22(iii) at least 25% of the total amount present at a site during
23a calendar year is transported off of the site during the next
24calendar year; and (iv) if used as a fill material, it is used
25in accordance with item (i) of the second paragraph of this
26subsection (b).

 

 

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1    (c) For purposes of this Section, the term "uncontaminated
2soil" means soil that does not contain contaminants in
3concentrations that pose a threat to human health and safety
4and the environment.
5        (1) No later than one year after the effective date of
6    this amendatory Act of the 96th General Assembly, the
7    Agency shall propose, and, no later than one year after
8    receipt of the Agency's proposal, the Board shall adopt,
9    rules specifying the maximum concentrations of
10    contaminants that may be present in uncontaminated soil
11    for purposes of this Section. For carcinogens, the maximum
12    concentrations shall not allow exposure to exceed an
13    excess upper-bound lifetime risk of 1 in 1,000,000;
14    provided that if the most stringent remediation objective
15    or applicable background concentration for a contaminant
16    set forth in 35 Ill. Adm. Code 742 is greater than the
17    concentration that would allow exposure at an excess
18    upper-bound lifetime risk of 1 in 1,000,000, the Board may
19    consider allowing that contaminant in concentrations up to
20    its most stringent remediation objective or applicable
21    background concentration set forth in 35 Ill. Adm. Code
22    742 in soil used as fill material in a current or former
23    quarry, mine, or other excavation in accordance with
24    Section 22.51 or 22.51a of this Act and rules adopted
25    under those Sections. Any background concentration set
26    forth in 35 Ill. Adm. Code 742 that is adopted as a maximum

 

 

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1    concentration must be based upon the location of the
2    quarry, mine, or other excavation where the soil is used
3    as fill material.
4        (2) To the extent allowed under federal law and
5    regulations, uncontaminated soil shall not be considered a
6    waste.
7(Source: P.A. 96-235, eff. 8-11-09; 96-1416, eff. 7-30-10;
897-137, eff. 7-14-11.)
 
9    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
10    Sec. 3.330. Pollution control facility.
11    (a) "Pollution control facility" is any waste storage
12site, sanitary landfill, waste disposal site, waste transfer
13station, waste treatment facility, or waste incinerator. This
14includes sewers, sewage treatment plants, and any other
15facilities owned or operated by sanitary districts organized
16under the Metropolitan Water Reclamation District Act.
17    The following are not pollution control facilities:
18        (1) (blank);
19        (2) waste storage sites regulated under 40 CFR, Part
20    761.42;
21        (3) sites or facilities used by any person conducting
22    a waste storage, waste treatment, waste disposal, waste
23    transfer or waste incineration operation, or a combination
24    thereof, for wastes generated by such person's own
25    activities, when such wastes are stored, treated, disposed

 

 

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1    of, transferred or incinerated within the site or facility
2    owned, controlled or operated by such person, or when such
3    wastes are transported within or between sites or
4    facilities owned, controlled or operated by such person;
5        (4) sites or facilities at which the State is
6    performing removal or remedial action pursuant to Section
7    22.2 or 55.3;
8        (5) abandoned quarries used solely for the disposal of
9    concrete, earth materials, gravel, or aggregate debris
10    resulting from road construction activities conducted by a
11    unit of government or construction activities due to the
12    construction and installation of underground pipes, lines,
13    conduit or wires off of the premises of a public utility
14    company which are conducted by a public utility;
15        (6) sites or facilities used by any person to
16    specifically conduct a landscape composting operation;
17        (7) regional facilities as defined in the Central
18    Midwest Interstate Low-Level Radioactive Waste Compact;
19        (8) the portion of a site or facility where coal
20    combustion wastes are stored or disposed of in accordance
21    with subdivision (r)(2) or (r)(3) of Section 21;
22        (9) the portion of a site or facility used for the
23    collection, storage or processing of waste tires as
24    defined in Title XIV;
25        (10) the portion of a site or facility used for
26    treatment of petroleum contaminated materials by

 

 

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1    application onto or incorporation into the soil surface
2    and any portion of that site or facility used for storage
3    of petroleum contaminated materials before treatment. Only
4    those categories of petroleum listed in Section 57.9(a)(3)
5    are exempt under this subdivision (10);
6        (11) the portion of a site or facility where used oil
7    is collected or stored prior to shipment to a recycling or
8    energy recovery facility, provided that the used oil is
9    generated by households or commercial establishments, and
10    the site or facility is a recycling center or a business
11    where oil or gasoline is sold at retail;
12        (11.5) processing sites or facilities that receive
13    only on-specification used oil, as defined in 35 Ill.
14    Admin. Code 739, originating from used oil collectors for
15    processing that is managed under 35 Ill. Admin. Code 739
16    to produce products for sale to off-site petroleum
17    facilities, if these processing sites or facilities are:
18    (i) located within a home rule unit of local government
19    with a population of at least 30,000 according to the 2000
20    federal census, that home rule unit of local government
21    has been designated as an Urban Round II Empowerment Zone
22    by the United States Department of Housing and Urban
23    Development, and that home rule unit of local government
24    has enacted an ordinance approving the location of the
25    site or facility and provided funding for the site or
26    facility; and (ii) in compliance with all applicable

 

 

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1    zoning requirements;
2        (12) the portion of a site or facility utilizing coal
3    combustion waste for stabilization and treatment of only
4    waste generated on that site or facility when used in
5    connection with response actions pursuant to the federal
6    Comprehensive Environmental Response, Compensation, and
7    Liability Act of 1980, the federal Resource Conservation
8    and Recovery Act of 1976, or the Illinois Environmental
9    Protection Act or as authorized by the Agency;
10        (13) the portion of a site or facility regulated under
11    that accepts exclusively general construction or
12    demolition debris and is operated and located in
13    accordance with Section 22.38 of this Act;
14        (14) the portion of a site or facility, located within
15    a unit of local government that has enacted local zoning
16    requirements, used to accept, separate, and process
17    uncontaminated broken concrete, with or without protruding
18    metal bars, provided that the uncontaminated broken
19    concrete and metal bars are not speculatively accumulated,
20    are at the site or facility no longer than one year after
21    their acceptance, and are returned to the economic
22    mainstream in the form of raw materials or products;
23        (15) the portion of a site or facility located in a
24    county with a population over 3,000,000 that has obtained
25    local siting approval under Section 39.2 of this Act for a
26    municipal waste incinerator on or before July 1, 2005 and

 

 

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1    that is used for a non-hazardous waste transfer station;
2        (16) a site or facility that temporarily holds in
3    transit for 10 days or less, non-putrescible solid waste
4    in original containers, no larger in capacity than 500
5    gallons, provided that such waste is further transferred
6    to a recycling, disposal, treatment, or storage facility
7    on a non-contiguous site and provided such site or
8    facility complies with the applicable 10-day transfer
9    requirements of the federal Resource Conservation and
10    Recovery Act of 1976 and United States Department of
11    Transportation hazardous material requirements. For
12    purposes of this Section only, "non-putrescible solid
13    waste" means waste other than municipal garbage that does
14    not rot or become putrid, including, but not limited to,
15    paints, solvent, filters, and absorbents;
16        (17) the portion of a site or facility located in a
17    county with a population greater than 3,000,000 that has
18    obtained local siting approval, under Section 39.2 of this
19    Act, for a municipal waste incinerator on or before July
20    1, 2005 and that is used for wood combustion facilities
21    for energy recovery that accept and burn only wood
22    material, as included in a fuel specification approved by
23    the Agency;
24        (18) a transfer station used exclusively for landscape
25    waste, including a transfer station where landscape waste
26    is ground to reduce its volume, where the landscape waste

 

 

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1    is held no longer than 24 hours from the time it was
2    received;
3        (19) the portion of a site or facility that (i) is used
4    for the composting of food scrap, livestock waste, crop
5    residue, uncontaminated wood waste, or paper waste,
6    including, but not limited to, corrugated paper or
7    cardboard, and (ii) meets all of the following
8    requirements:
9            (A) There must not be more than a total of 30,000
10        cubic yards of livestock waste in raw form or in the
11        process of being composted at the site or facility at
12        any one time.
13            (B) All food scrap, livestock waste, crop residue,
14        uncontaminated wood waste, and paper waste must, by
15        the end of each operating day, be processed and placed
16        into an enclosed vessel in which air flow and
17        temperature are controlled, or all of the following
18        additional requirements must be met:
19                (i) The portion of the site or facility used
20            for the composting operation must include a
21            setback of at least 200 feet from the nearest
22            potable water supply well.
23                (ii) The portion of the site or facility used
24            for the composting operation must be located
25            outside the boundary of the 10-year floodplain or
26            floodproofed.

 

 

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1                (iii) Except in municipalities with more than
2            1,000,000 inhabitants, the portion of the site or
3            facility used for the composting operation must be
4            located at least one-eighth of a mile from the
5            nearest residence, other than a residence located
6            on the same property as the site or facility.
7                (iv) The portion of the site or facility used
8            for the composting operation must be located at
9            least one-eighth of a mile from the property line
10            of all of the following areas:
11                    (I) Facilities that primarily serve to
12                house or treat people that are
13                immunocompromised or immunosuppressed, such as
14                cancer or AIDS patients; people with asthma,
15                cystic fibrosis, or bioaerosol allergies; or
16                children under the age of one year.
17                    (II) Primary and secondary schools and
18                adjacent areas that the schools use for
19                recreation.
20                    (III) Any facility for child care licensed
21                under Section 3 of the Child Care Act of 1969;
22                preschools; and adjacent areas that the
23                facilities or preschools use for recreation.
24                (v) By the end of each operating day, all food
25            scrap, livestock waste, crop residue,
26            uncontaminated wood waste, and paper waste must be

 

 

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1            (i) processed into windrows or other piles and
2            (ii) covered in a manner that prevents scavenging
3            by birds and animals and that prevents other
4            nuisances.
5            (C) Food scrap, livestock waste, crop residue,
6        uncontaminated wood waste, paper waste, and compost
7        must not be placed within 5 feet of the water table.
8            (D) The site or facility must meet all of the
9        requirements of the Wild and Scenic Rivers Act (16
10        U.S.C. 1271 et seq.).
11            (E) The site or facility must not (i) restrict the
12        flow of a 100-year flood, (ii) result in washout of
13        food scrap, livestock waste, crop residue,
14        uncontaminated wood waste, or paper waste from a
15        100-year flood, or (iii) reduce the temporary water
16        storage capacity of the 100-year floodplain, unless
17        measures are undertaken to provide alternative storage
18        capacity, such as by providing lagoons, holding tanks,
19        or drainage around structures at the facility.
20            (F) The site or facility must not be located in any
21        area where it may pose a threat of harm or destruction
22        to the features for which:
23                (i) an irreplaceable historic or
24            archaeological site has been listed under the
25            National Historic Preservation Act (16 U.S.C. 470
26            et seq.) or the Illinois Historic Preservation

 

 

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1            Act;
2                (ii) a natural landmark has been designated by
3            the National Park Service or the Illinois State
4            Historic Preservation Office; or
5                (iii) a natural area has been designated as a
6            Dedicated Illinois Nature Preserve under the
7            Illinois Natural Areas Preservation Act.
8            (G) The site or facility must not be located in an
9        area where it may jeopardize the continued existence
10        of any designated endangered species, result in the
11        destruction or adverse modification of the critical
12        habitat for such species, or cause or contribute to
13        the taking of any endangered or threatened species of
14        plant, fish, or wildlife listed under the Endangered
15        Species Act (16 U.S.C. 1531 et seq.) or the Illinois
16        Endangered Species Protection Act;
17        (20) the portion of a site or facility that is located
18    entirely within a home rule unit having a population of no
19    less than 120,000 and no more than 135,000, according to
20    the 2000 federal census, and that meets all of the
21    following requirements:
22            (i) the portion of the site or facility is used
23        exclusively to perform testing of a thermochemical
24        conversion technology using only woody biomass,
25        collected as landscape waste within the boundaries of
26        the home rule unit, as the hydrocarbon feedstock for

 

 

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1        the production of synthetic gas in accordance with
2        Section 39.9 of this Act;
3            (ii) the portion of the site or facility is in
4        compliance with all applicable zoning requirements;
5        and
6            (iii) a complete application for a demonstration
7        permit at the portion of the site or facility has been
8        submitted to the Agency in accordance with Section
9        39.9 of this Act within one year after July 27, 2010
10        (the effective date of Public Act 96-1314);
11        (21) the portion of a site or facility used to perform
12    limited testing of a gasification conversion technology in
13    accordance with Section 39.8 of this Act and for which a
14    complete permit application has been submitted to the
15    Agency prior to one year from April 9, 2010 (the effective
16    date of Public Act 96-887);
17        (22) the portion of a site or facility that is used to
18    incinerate only pharmaceuticals from residential sources
19    that are collected and transported by law enforcement
20    agencies under Section 17.9A of this Act;
21        (23) the portion of a site or facility:
22            (A) that is used exclusively for the transfer of
23        commingled landscape waste and food scrap held at the
24        site or facility for no longer than 24 hours after
25        their receipt;
26            (B) that is located entirely within a home rule

 

 

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1        unit having a population of (i) not less than 100,000
2        and not more than 115,000 according to the 2010
3        federal census, (ii) not less than 5,000 and not more
4        than 10,000 according to the 2010 federal census, or
5        (iii) not less than 25,000 and not more than 30,000
6        according to the 2010 federal census or that is
7        located in the unincorporated area of a county having
8        a population of not less than 700,000 and not more than
9        705,000 according to the 2010 federal census;
10            (C) that is permitted, by the Agency, prior to
11        January 1, 2002, for the transfer of landscape waste
12        if located in a home rule unit or that is permitted
13        prior to January 1, 2008 if located in an
14        unincorporated area of a county; and
15            (D) for which a permit application is submitted to
16        the Agency to modify an existing permit for the
17        transfer of landscape waste to also include, on a
18        demonstration basis not to exceed 24 months each time
19        a permit is issued, the transfer of commingled
20        landscape waste and food scrap or for which a permit
21        application is submitted to the Agency within 6 months
22        of the effective date of this amendatory Act of the
23        100th General Assembly; and
24        (24) the portion of a municipal solid waste landfill
25    unit:
26            (A) that is located in a county having a

 

 

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1        population of not less than 55,000 and not more than
2        60,000 according to the 2010 federal census;
3            (B) that is owned by that county;
4            (C) that is permitted, by the Agency, prior to
5        July 10, 2015 (the effective date of Public Act
6        99-12); and
7            (D) for which a permit application is submitted to
8        the Agency within 6 months after July 10, 2015 (the
9        effective date of Public Act 99-12) for the disposal
10        of non-hazardous special waste.
11    (b) A new pollution control facility is:
12        (1) a pollution control facility initially permitted
13    for development or construction after July 1, 1981; or
14        (2) the area of expansion beyond the boundary of a
15    currently permitted pollution control facility; or
16        (3) a permitted pollution control facility requesting
17    approval to store, dispose of, transfer or incinerate, for
18    the first time, any special or hazardous waste.
19(Source: P.A. 99-12, eff. 7-10-15; 99-440, eff. 8-21-15;
2099-642, eff. 7-28-16; 100-94, eff. 8-11-17.)
 
21    (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)
22    Sec. 21. Prohibited acts. No person shall:
23    (a) Cause or allow the open dumping of any waste.
24    (b) Abandon, dump, or deposit any waste upon the public
25highways or other public property, except in a sanitary

 

 

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1landfill approved by the Agency pursuant to regulations
2adopted by the Board.
3    (c) Abandon any vehicle in violation of the "Abandoned
4Vehicles Amendment to the Illinois Vehicle Code", as enacted
5by the 76th General Assembly.
6    (d) Conduct any waste-storage, waste-treatment, or
7waste-disposal operation:
8        (1) without a permit granted by the Agency or in
9    violation of any conditions imposed by such permit,
10    including periodic reports and full access to adequate
11    records and the inspection of facilities, as may be
12    necessary to assure compliance with this Act and with
13    regulations and standards adopted thereunder; provided,
14    however, that, except for municipal solid waste landfill
15    units that receive waste on or after October 9, 1993, and
16    CCR surface impoundments, no permit shall be required for
17    (i) any person conducting a waste-storage,
18    waste-treatment, or waste-disposal operation for wastes
19    generated by such person's own activities which are
20    stored, treated, or disposed within the site where such
21    wastes are generated, or (ii) until one year after the
22    effective date of rules adopted by the Board under
23    subsection (n) of Section 22.38, a facility located in a
24    county with a population over 700,000 as of January 1,
25    2000, operated and located in accordance with Section
26    22.38 of this Act, and used exclusively for the transfer,

 

 

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1    storage, or treatment of general construction or
2    demolition debris, provided that the facility was
3    receiving construction or demolition debris on August 24,
4    2009 (the effective date of Public Act 96-611) this
5    amendatory Act of the 96th General Assembly;
6        (2) in violation of any regulations or standards
7    adopted by the Board under this Act; or
8        (3) which receives waste after August 31, 1988, does
9    not have a permit issued by the Agency, and is (i) a
10    landfill used exclusively for the disposal of waste
11    generated at the site, (ii) a surface impoundment
12    receiving special waste not listed in an NPDES permit,
13    (iii) a waste pile in which the total volume of waste is
14    greater than 100 cubic yards or the waste is stored for
15    over one year, or (iv) a land treatment facility receiving
16    special waste generated at the site; without giving notice
17    of the operation to the Agency by January 1, 1989, or 30
18    days after the date on which the operation commences,
19    whichever is later, and every 3 years thereafter. The form
20    for such notification shall be specified by the Agency,
21    and shall be limited to information regarding: the name
22    and address of the location of the operation; the type of
23    operation; the types and amounts of waste stored, treated
24    or disposed of on an annual basis; the remaining capacity
25    of the operation; and the remaining expected life of the
26    operation.

 

 

10200SB1089sam003- 20 -LRB102 04912 CPF 25935 a

1    Item (3) of this subsection (d) shall not apply to any
2person engaged in agricultural activity who is disposing of a
3substance that constitutes solid waste, if the substance was
4acquired for use by that person on his own property, and the
5substance is disposed of on his own property in accordance
6with regulations or standards adopted by the Board.
7    This subsection (d) shall not apply to hazardous waste.
8    (e) Dispose, treat, store or abandon any waste, or
9transport any waste into this State for disposal, treatment,
10storage or abandonment, except at a site or facility which
11meets the requirements of this Act and of regulations and
12standards thereunder.
13    (f) Conduct any hazardous waste-storage, hazardous
14waste-treatment or hazardous waste-disposal operation:
15        (1) without a RCRA permit for the site issued by the
16    Agency under subsection (d) of Section 39 of this Act, or
17    in violation of any condition imposed by such permit,
18    including periodic reports and full access to adequate
19    records and the inspection of facilities, as may be
20    necessary to assure compliance with this Act and with
21    regulations and standards adopted thereunder; or
22        (2) in violation of any regulations or standards
23    adopted by the Board under this Act; or
24        (3) in violation of any RCRA permit filing requirement
25    established under standards adopted by the Board under
26    this Act; or

 

 

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1        (4) in violation of any order adopted by the Board
2    under this Act.
3    Notwithstanding the above, no RCRA permit shall be
4required under this subsection or subsection (d) of Section 39
5of this Act for any person engaged in agricultural activity
6who is disposing of a substance which has been identified as a
7hazardous waste, and which has been designated by Board
8regulations as being subject to this exception, if the
9substance was acquired for use by that person on his own
10property and the substance is disposed of on his own property
11in accordance with regulations or standards adopted by the
12Board.
13    (g) Conduct any hazardous waste-transportation operation:
14        (1) without registering with and obtaining a special
15    waste hauling permit from the Agency in accordance with
16    the regulations adopted by the Board under this Act; or
17        (2) in violation of any regulations or standards
18    adopted by the Board under this Act.
19    (h) Conduct any hazardous waste-recycling or hazardous
20waste-reclamation or hazardous waste-reuse operation in
21violation of any regulations, standards or permit requirements
22adopted by the Board under this Act.
23    (i) Conduct any process or engage in any act which
24produces hazardous waste in violation of any regulations or
25standards adopted by the Board under subsections (a) and (c)
26of Section 22.4 of this Act.

 

 

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1    (j) Conduct any special waste-transportation waste
2transportation operation in violation of any regulations,
3standards or permit requirements adopted by the Board under
4this Act. However, sludge from a water or sewage treatment
5plant owned and operated by a unit of local government which
6(1) is subject to a sludge management plan approved by the
7Agency or a permit granted by the Agency, and (2) has been
8tested and determined not to be a hazardous waste as required
9by applicable State and federal laws and regulations, may be
10transported in this State without a special waste hauling
11permit, and the preparation and carrying of a manifest shall
12not be required for such sludge under the rules of the
13Pollution Control Board. The unit of local government which
14operates the treatment plant producing such sludge shall file
15an annual report with the Agency identifying the volume of
16such sludge transported during the reporting period, the
17hauler of the sludge, and the disposal sites to which it was
18transported. This subsection (j) shall not apply to hazardous
19waste.
20    (k) Fail or refuse to pay any fee imposed under this Act.
21    (l) Locate a hazardous waste disposal site above an active
22or inactive shaft or tunneled mine or within 2 miles of an
23active fault in the earth's crust. In counties of population
24less than 225,000 no hazardous waste disposal site shall be
25located (1) within 1 1/2 miles of the corporate limits as
26defined on June 30, 1978, of any municipality without the

 

 

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1approval of the governing body of the municipality in an
2official action; or (2) within 1000 feet of an existing
3private well or the existing source of a public water supply
4measured from the boundary of the actual active permitted site
5and excluding existing private wells on the property of the
6permit applicant. The provisions of this subsection do not
7apply to publicly owned publicly-owned sewage works or the
8disposal or utilization of sludge from publicly owned
9publicly-owned sewage works.
10    (m) Transfer interest in any land which has been used as a
11hazardous waste disposal site without written notification to
12the Agency of the transfer and to the transferee of the
13conditions imposed by the Agency upon its use under subsection
14(g) of Section 39.
15    (n) Use any land which has been used as a hazardous waste
16disposal site except in compliance with conditions imposed by
17the Agency under subsection (g) of Section 39.
18    (o) Conduct a sanitary landfill operation which is
19required to have a permit under subsection (d) of this
20Section, in a manner which results in any of the following
21conditions:
22        (1) refuse in standing or flowing waters;
23        (2) leachate flows entering waters of the State;
24        (3) leachate flows exiting the landfill confines (as
25    determined by the boundaries established for the landfill
26    by a permit issued by the Agency);

 

 

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1        (4) open burning of refuse in violation of Section 9
2    of this Act;
3        (5) uncovered refuse remaining from any previous
4    operating day or at the conclusion of any operating day,
5    unless authorized by permit;
6        (6) failure to provide final cover within time limits
7    established by Board regulations;
8        (7) acceptance of wastes without necessary permits;
9        (8) scavenging as defined by Board regulations;
10        (9) deposition of refuse in any unpermitted portion of
11    the landfill;
12        (10) acceptance of a special waste without a required
13    manifest;
14        (11) failure to submit reports required by permits or
15    Board regulations;
16        (12) failure to collect and contain litter from the
17    site by the end of each operating day;
18        (13) failure to submit any cost estimate for the site
19    or any performance bond or other security for the site as
20    required by this Act or Board rules.
21    The prohibitions specified in this subsection (o) shall be
22enforceable by the Agency either by administrative citation
23under Section 31.1 of this Act or as otherwise provided by this
24Act. The specific prohibitions in this subsection do not limit
25the power of the Board to establish regulations or standards
26applicable to sanitary landfills.

 

 

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1    (p) In violation of subdivision (a) of this Section, cause
2or allow the open dumping of any waste in a manner which
3results in any of the following occurrences at the dump site:
4        (1) litter;
5        (2) scavenging;
6        (3) open burning;
7        (4) deposition of waste in standing or flowing waters;
8        (5) proliferation of disease vectors;
9        (6) standing or flowing liquid discharge from the dump
10    site;
11        (7) deposition of:
12            (i) general construction or demolition debris as
13        defined in Section 3.160(a) of this Act; or
14            (ii) clean construction or demolition debris as
15        defined in Section 3.160(b) of this Act.
16    The prohibitions specified in this subsection (p) shall be
17enforceable by the Agency either by administrative citation
18under Section 31.1 of this Act or as otherwise provided by this
19Act. The specific prohibitions in this subsection do not limit
20the power of the Board to establish regulations or standards
21applicable to open dumping.
22    (q) Conduct a landscape waste composting operation without
23an Agency permit, provided, however, that no permit shall be
24required for any person:
25        (1) conducting a landscape waste composting operation
26    for landscape wastes generated by such person's own

 

 

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1    activities which are stored, treated, or disposed of
2    within the site where such wastes are generated; or
3        (1.5) conducting a landscape waste composting
4    operation that (i) has no more than 25 cubic yards of
5    landscape waste, composting additives, composting
6    material, or end-product compost on-site at any one time
7    and (ii) is not engaging in commercial activity; or
8        (2) applying landscape waste or composted landscape
9    waste at agronomic rates; or
10        (2.5) operating a landscape waste composting facility
11    at a site having 10 or more occupied non-farm residences
12    within 1/2 mile of its boundaries, if the facility meets
13    all of the following criteria:
14            (A) the composting facility is operated by the
15        farmer on property on which the composting material is
16        utilized, and the composting facility constitutes no
17        more than 2% of the site's total acreage;
18            (A-5) any composting additives that the composting
19        facility accepts and uses at the facility are
20        necessary to provide proper conditions for composting
21        and do not exceed 10% of the total composting material
22        at the facility at any one time;
23            (B) the property on which the composting facility
24        is located, and any associated property on which the
25        compost is used, is principally and diligently devoted
26        to the production of agricultural crops and is not

 

 

10200SB1089sam003- 27 -LRB102 04912 CPF 25935 a

1        owned, leased, or otherwise controlled by any waste
2        hauler or generator of nonagricultural compost
3        materials, and the operator of the composting facility
4        is not an employee, partner, shareholder, or in any
5        way connected with or controlled by any such waste
6        hauler or generator;
7            (C) all compost generated by the composting
8        facility is applied at agronomic rates and used as
9        mulch, fertilizer, or soil conditioner on land
10        actually farmed by the person operating the composting
11        facility, and the finished compost is not stored at
12        the composting site for a period longer than 18 months
13        prior to its application as mulch, fertilizer, or soil
14        conditioner;
15            (D) no fee is charged for the acceptance of
16        materials to be composted at the facility; and
17            (E) the owner or operator, by January 1, 2014 (or
18        the January 1 following commencement of operation,
19        whichever is later) and January 1 of each year
20        thereafter, registers the site with the Agency, (ii)
21        reports to the Agency on the volume of composting
22        material received and used at the site; (iii)
23        certifies to the Agency that the site complies with
24        the requirements set forth in subparagraphs (A),
25        (A-5), (B), (C), and (D) of this paragraph (2.5); and
26        (iv) certifies to the Agency that all composting

 

 

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1        material was placed more than 200 feet from the
2        nearest potable water supply well, was placed outside
3        the boundary of the 10-year floodplain or on a part of
4        the site that is floodproofed, was placed at least 1/4
5        mile from the nearest residence (other than a
6        residence located on the same property as the
7        facility) or a lesser distance from the nearest
8        residence (other than a residence located on the same
9        property as the facility) if the municipality in which
10        the facility is located has by ordinance approved a
11        lesser distance than 1/4 mile, and was placed more
12        than 5 feet above the water table; any ordinance
13        approving a residential setback of less than 1/4 mile
14        that is used to meet the requirements of this
15        subparagraph (E) of paragraph (2.5) of this subsection
16        must specifically reference this paragraph; or
17        (3) operating a landscape waste composting facility on
18    a farm, if the facility meets all of the following
19    criteria:
20            (A) the composting facility is operated by the
21        farmer on property on which the composting material is
22        utilized, and the composting facility constitutes no
23        more than 2% of the property's total acreage, except
24        that the Board may allow a higher percentage for
25        individual sites where the owner or operator has
26        demonstrated to the Board that the site's soil

 

 

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1        characteristics or crop needs require a higher rate;
2            (A-1) the composting facility accepts from other
3        agricultural operations for composting with landscape
4        waste no materials other than uncontaminated and
5        source-separated (i) crop residue and other
6        agricultural plant residue generated from the
7        production and harvesting of crops and other customary
8        farm practices, including, but not limited to, stalks,
9        leaves, seed pods, husks, bagasse, and roots and (ii)
10        plant-derived animal bedding, such as straw or
11        sawdust, that is free of manure and was not made from
12        painted or treated wood;
13            (A-2) any composting additives that the composting
14        facility accepts and uses at the facility are
15        necessary to provide proper conditions for composting
16        and do not exceed 10% of the total composting material
17        at the facility at any one time;
18            (B) the property on which the composting facility
19        is located, and any associated property on which the
20        compost is used, is principally and diligently devoted
21        to the production of agricultural crops and is not
22        owned, leased or otherwise controlled by any waste
23        hauler or generator of nonagricultural compost
24        materials, and the operator of the composting facility
25        is not an employee, partner, shareholder, or in any
26        way connected with or controlled by any such waste

 

 

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1        hauler or generator;
2            (C) all compost generated by the composting
3        facility is applied at agronomic rates and used as
4        mulch, fertilizer or soil conditioner on land actually
5        farmed by the person operating the composting
6        facility, and the finished compost is not stored at
7        the composting site for a period longer than 18 months
8        prior to its application as mulch, fertilizer, or soil
9        conditioner;
10            (D) the owner or operator, by January 1 of each
11        year, (i) registers the site with the Agency, (ii)
12        reports to the Agency on the volume of composting
13        material received and used at the site, (iii)
14        certifies to the Agency that the site complies with
15        the requirements set forth in subparagraphs (A),
16        (A-1), (A-2), (B), and (C) of this paragraph (q)(3),
17        and (iv) certifies to the Agency that all composting
18        material:
19                (I) was placed more than 200 feet from the
20            nearest potable water supply well;
21                (II) was placed outside the boundary of the
22            10-year floodplain or on a part of the site that is
23            floodproofed;
24                (III) was placed either (aa) at least 1/4 mile
25            from the nearest residence (other than a residence
26            located on the same property as the facility) and

 

 

10200SB1089sam003- 31 -LRB102 04912 CPF 25935 a

1            there are not more than 10 occupied non-farm
2            residences within 1/2 mile of the boundaries of
3            the site on the date of application or (bb) a
4            lesser distance from the nearest residence (other
5            than a residence located on the same property as
6            the facility) provided that the municipality or
7            county in which the facility is located has by
8            ordinance approved a lesser distance than 1/4 mile
9            and there are not more than 10 occupied non-farm
10            residences within 1/2 mile of the boundaries of
11            the site on the date of application; and
12                (IV) was placed more than 5 feet above the
13            water table.
14            Any ordinance approving a residential setback of
15        less than 1/4 mile that is used to meet the
16        requirements of this subparagraph (D) must
17        specifically reference this subparagraph.
18    For the purposes of this subsection (q), "agronomic rates"
19means the application of not more than 20 tons per acre per
20year, except that the Board may allow a higher rate for
21individual sites where the owner or operator has demonstrated
22to the Board that the site's soil characteristics or crop
23needs require a higher rate.
24    (r) Cause or allow the storage or disposal of coal
25combustion waste unless:
26        (1) such waste is stored or disposed of at a site or

 

 

10200SB1089sam003- 32 -LRB102 04912 CPF 25935 a

1    facility for which a permit has been obtained or is not
2    otherwise required under subsection (d) of this Section;
3    or
4        (2) such waste is stored or disposed of as a part of
5    the design and reclamation of a site or facility which is
6    an abandoned mine site in accordance with the Abandoned
7    Mined Lands and Water Reclamation Act; or
8        (3) such waste is stored or disposed of at a site or
9    facility which is operating under NPDES and Subtitle D
10    permits issued by the Agency pursuant to regulations
11    adopted by the Board for mine-related water pollution and
12    permits issued pursuant to the federal Federal Surface
13    Mining Control and Reclamation Act of 1977 (P.L. 95-87) or
14    the rules and regulations thereunder or any law or rule or
15    regulation adopted by the State of Illinois pursuant
16    thereto, and the owner or operator of the facility agrees
17    to accept the waste; and either:
18            (i) such waste is stored or disposed of in
19        accordance with requirements applicable to refuse
20        disposal under regulations adopted by the Board for
21        mine-related water pollution and pursuant to NPDES and
22        Subtitle D permits issued by the Agency under such
23        regulations; or
24            (ii) the owner or operator of the facility
25        demonstrates all of the following to the Agency, and
26        the facility is operated in accordance with the

 

 

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1        demonstration as approved by the Agency: (1) the
2        disposal area will be covered in a manner that will
3        support continuous vegetation, (2) the facility will
4        be adequately protected from wind and water erosion,
5        (3) the pH will be maintained so as to prevent
6        excessive leaching of metal ions, and (4) adequate
7        containment or other measures will be provided to
8        protect surface water and groundwater from
9        contamination at levels prohibited by this Act, the
10        Illinois Groundwater Protection Act, or regulations
11        adopted pursuant thereto.
12    Notwithstanding any other provision of this Title, the
13disposal of coal combustion waste pursuant to item (2) or (3)
14of this subdivision (r) shall be exempt from the other
15provisions of this Title V, and notwithstanding the provisions
16of Title X of this Act, the Agency is authorized to grant
17experimental permits which include provision for the disposal
18of wastes from the combustion of coal and other materials
19pursuant to items (2) and (3) of this subdivision (r).
20    (s) After April 1, 1989, offer for transportation,
21transport, deliver, receive or accept special waste for which
22a manifest is required, unless the manifest indicates that the
23fee required under Section 22.8 of this Act has been paid.
24    (t) Cause or allow a lateral expansion of a municipal
25solid waste landfill unit on or after October 9, 1993, without
26a permit modification, granted by the Agency, that authorizes

 

 

10200SB1089sam003- 34 -LRB102 04912 CPF 25935 a

1the lateral expansion.
2    (u) Conduct any vegetable by-product treatment, storage,
3disposal or transportation operation in violation of any
4regulation, standards or permit requirements adopted by the
5Board under this Act. However, no permit shall be required
6under this Title V for the land application of vegetable
7by-products conducted pursuant to Agency permit issued under
8Title III of this Act to the generator of the vegetable
9by-products. In addition, vegetable by-products may be
10transported in this State without a special waste hauling
11permit, and without the preparation and carrying of a
12manifest.
13    (v) (Blank).
14    (w) Conduct any generation, transportation, or recycling
15of construction or demolition debris, clean or general, or
16uncontaminated soil generated during construction, remodeling,
17repair, and demolition of utilities, structures, and roads
18that is not commingled with any waste, without the maintenance
19of documentation identifying the hauler, generator, place of
20origin of the debris or soil, the weight or volume of the
21debris or soil, and the location, owner, and operator of the
22facility where the debris or soil was transferred, disposed,
23recycled, or treated. This documentation must be maintained by
24the generator, transporter, or recycler for 3 years. This
25subsection (w) shall not apply to (1) a permitted pollution
26control facility that transfers or accepts construction or

 

 

10200SB1089sam003- 35 -LRB102 04912 CPF 25935 a

1demolition debris, clean or general, or uncontaminated soil
2for final disposal, recycling, or treatment, (2) a public
3utility (as that term is defined in the Public Utilities Act)
4or a municipal utility, (3) the Illinois Department of
5Transportation, or (4) a municipality or a county highway
6department, with the exception of any municipality or county
7highway department located within a county having a population
8of over 3,000,000 inhabitants or located in a county that is
9contiguous to a county having a population of over 3,000,000
10inhabitants; but it shall apply to an entity that contracts
11with a public utility, a municipal utility, the Illinois
12Department of Transportation, or a municipality or a county
13highway department. The terms "generation" and "recycling", as
14used in this subsection, do not apply to clean construction or
15demolition debris when (i) used as fill material below grade
16outside of a setback zone if covered by sufficient
17uncontaminated soil to support vegetation within 30 days of
18the completion of filling or if covered by a road or structure,
19(ii) solely broken concrete without protruding metal bars is
20used for erosion control, or (iii) milled asphalt or crushed
21concrete is used as aggregate in construction of the shoulder
22of a roadway. The terms "generation" and "recycling", as used
23in this subsection, do not apply to uncontaminated soil that
24is not commingled with any waste when (i) used as fill material
25below grade or contoured to grade, or (ii) used at the site of
26generation.

 

 

10200SB1089sam003- 36 -LRB102 04912 CPF 25935 a

1(Source: P.A. 100-103, eff. 8-11-17; 101-171, eff. 7-30-19;
2revised 9-12-19.)
 
3    (415 ILCS 5/22.15)  (from Ch. 111 1/2, par. 1022.15)
4    Sec. 22.15. Solid Waste Management Fund; fees.
5    (a) There is hereby created within the State Treasury a
6special fund to be known as the Solid Waste Management Fund, to
7be constituted from the fees collected by the State pursuant
8to this Section, from repayments of loans made from the Fund
9for solid waste projects, from registration fees collected
10pursuant to the Consumer Electronics Recycling Act, and from
11amounts transferred into the Fund pursuant to Public Act
12100-433. Moneys received by the Department of Commerce and
13Economic Opportunity in repayment of loans made pursuant to
14the Illinois Solid Waste Management Act shall be deposited
15into the General Revenue Fund.
16    (b) The Agency shall assess and collect a fee in the amount
17set forth herein from the owner or operator of each sanitary
18landfill permitted or required to be permitted by the Agency
19to dispose of solid waste if the sanitary landfill is located
20off the site where such waste was produced and if such sanitary
21landfill is owned, controlled, and operated by a person other
22than the generator of such waste. The Agency shall deposit all
23fees collected into the Solid Waste Management Fund. If a site
24is contiguous to one or more landfills owned or operated by the
25same person, the volumes permanently disposed of by each

 

 

10200SB1089sam003- 37 -LRB102 04912 CPF 25935 a

1landfill shall be combined for purposes of determining the fee
2under this subsection. Beginning on July 1, 2018, and on the
3first day of each month thereafter during fiscal years 2019
4through 2021, the State Comptroller shall direct and State
5Treasurer shall transfer an amount equal to 1/12 of $5,000,000
6per fiscal year from the Solid Waste Management Fund to the
7General Revenue Fund.
8        (1) If more than 150,000 cubic yards of non-hazardous
9    solid waste is permanently disposed of at a site in a
10    calendar year, the owner or operator shall either pay a
11    fee of 95 cents per cubic yard or, alternatively, the
12    owner or operator may weigh the quantity of the solid
13    waste permanently disposed of with a device for which
14    certification has been obtained under the Weights and
15    Measures Act and pay a fee of $2.00 per ton of solid waste
16    permanently disposed of. In no case shall the fee
17    collected or paid by the owner or operator under this
18    paragraph exceed $1.55 per cubic yard or $3.27 per ton.
19        (2) If more than 100,000 cubic yards but not more than
20    150,000 cubic yards of non-hazardous waste is permanently
21    disposed of at a site in a calendar year, the owner or
22    operator shall pay a fee of $52,630.
23        (3) If more than 50,000 cubic yards but not more than
24    100,000 cubic yards of non-hazardous solid waste is
25    permanently disposed of at a site in a calendar year, the
26    owner or operator shall pay a fee of $23,790.

 

 

10200SB1089sam003- 38 -LRB102 04912 CPF 25935 a

1        (4) If more than 10,000 cubic yards but not more than
2    50,000 cubic yards of non-hazardous solid waste is
3    permanently disposed of at a site in a calendar year, the
4    owner or operator shall pay a fee of $7,260.
5        (5) If not more than 10,000 cubic yards of
6    non-hazardous solid waste is permanently disposed of at a
7    site in a calendar year, the owner or operator shall pay a
8    fee of $1050.
9    (c) (Blank).
10    (d) The Agency shall establish rules relating to the
11collection of the fees authorized by this Section. Such rules
12shall include, but not be limited to:
13        (1) necessary records identifying the quantities of
14    solid waste received or disposed;
15        (2) the form and submission of reports to accompany
16    the payment of fees to the Agency;
17        (3) the time and manner of payment of fees to the
18    Agency, which payments shall not be more often than
19    quarterly; and
20        (4) procedures setting forth criteria establishing
21    when an owner or operator may measure by weight or volume
22    during any given quarter or other fee payment period.
23    (e) Pursuant to appropriation, all monies in the Solid
24Waste Management Fund shall be used by the Agency and the
25Department of Commerce and Economic Opportunity for the
26purposes set forth in this Section and in the Illinois Solid

 

 

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1Waste Management Act, including for the costs of fee
2collection and administration, and for the administration of
3(1) the Consumer Electronics Recycling Act and (2) until
4January 1, 2020, the Electronic Products Recycling and Reuse
5Act.
6    (f) The Agency is authorized to enter into such agreements
7and to promulgate such rules as are necessary to carry out its
8duties under this Section and the Illinois Solid Waste
9Management Act.
10    (g) On the first day of January, April, July, and October
11of each year, beginning on July 1, 1996, the State Comptroller
12and Treasurer shall transfer $500,000 from the Solid Waste
13Management Fund to the Hazardous Waste Fund. Moneys
14transferred under this subsection (g) shall be used only for
15the purposes set forth in item (1) of subsection (d) of Section
1622.2.
17    (h) The Agency is authorized to provide financial
18assistance to units of local government for the performance of
19inspecting, investigating and enforcement activities pursuant
20to Section 4(r) at nonhazardous solid waste disposal sites.
21    (i) The Agency is authorized to conduct household waste
22collection and disposal programs.
23    (j) A unit of local government, as defined in the Local
24Solid Waste Disposal Act, in which a solid waste disposal
25facility is located may establish a fee, tax, or surcharge
26with regard to the permanent disposal of solid waste. All

 

 

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1fees, taxes, and surcharges collected under this subsection
2shall be utilized for solid waste management purposes,
3including long-term monitoring and maintenance of landfills,
4planning, implementation, inspection, enforcement and other
5activities consistent with the Solid Waste Management Act and
6the Local Solid Waste Disposal Act, or for any other
7environment-related purpose, including but not limited to an
8environment-related public works project, but not for the
9construction of a new pollution control facility other than a
10household hazardous waste facility. However, the total fee,
11tax or surcharge imposed by all units of local government
12under this subsection (j) upon the solid waste disposal
13facility shall not exceed:
14        (1) 60˘ per cubic yard if more than 150,000 cubic
15    yards of non-hazardous solid waste is permanently disposed
16    of at the site in a calendar year, unless the owner or
17    operator weighs the quantity of the solid waste received
18    with a device for which certification has been obtained
19    under the Weights and Measures Act, in which case the fee
20    shall not exceed $1.27 per ton of solid waste permanently
21    disposed of.
22        (2) $33,350 if more than 100,000 cubic yards, but not
23    more than 150,000 cubic yards, of non-hazardous waste is
24    permanently disposed of at the site in a calendar year.
25        (3) $15,500 if more than 50,000 cubic yards, but not
26    more than 100,000 cubic yards, of non-hazardous solid

 

 

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1    waste is permanently disposed of at the site in a calendar
2    year.
3        (4) $4,650 if more than 10,000 cubic yards, but not
4    more than 50,000 cubic yards, of non-hazardous solid waste
5    is permanently disposed of at the site in a calendar year.
6        (5) $650 if not more than 10,000 cubic yards of
7    non-hazardous solid waste is permanently disposed of at
8    the site in a calendar year.
9    The corporate authorities of the unit of local government
10may use proceeds from the fee, tax, or surcharge to reimburse a
11highway commissioner whose road district lies wholly or
12partially within the corporate limits of the unit of local
13government for expenses incurred in the removal of
14nonhazardous, nonfluid municipal waste that has been dumped on
15public property in violation of a State law or local
16ordinance.
17    For the disposal of solid waste from general construction
18or demolition debris recovery facilities subject to Section
1922.38 of this Act, the total fee, tax, or surcharge imposed by
20all units of local government under this subsection (j) upon
21the solid waste disposal facility shall not exceed 50% of the
22applicable amount set forth above. A unit of local government,
23as defined in the Local Solid Waste Disposal Act, in which a
24general construction or demolition debris recovery facility is
25located may also establish a fee, tax, or surcharge with
26regard to the permanent disposal of solid waste from the

 

 

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1general construction or demolition debris recovery facility at
2a solid waste disposal facility, provided that such fee, tax,
3or surcharge shall not exceed 50% of the applicable amount set
4forth above and the unit of local government and fee shall be
5subject to all other requirements of this subsection (j).
6    A county or Municipal Joint Action Agency that imposes a
7fee, tax, or surcharge under this subsection may use the
8proceeds thereof to reimburse a municipality that lies wholly
9or partially within its boundaries for expenses incurred in
10the removal of nonhazardous, nonfluid municipal waste that has
11been dumped on public property in violation of a State law or
12local ordinance.
13    If the fees are to be used to conduct a local sanitary
14landfill inspection or enforcement program, the unit of local
15government must enter into a written delegation agreement with
16the Agency pursuant to subsection (r) of Section 4. The unit of
17local government and the Agency shall enter into such a
18written delegation agreement within 60 days after the
19establishment of such fees. At least annually, the Agency
20shall conduct an audit of the expenditures made by units of
21local government from the funds granted by the Agency to the
22units of local government for purposes of local sanitary
23landfill inspection and enforcement programs, to ensure that
24the funds have been expended for the prescribed purposes under
25the grant.
26    The fees, taxes or surcharges collected under this

 

 

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1subsection (j) shall be placed by the unit of local government
2in a separate fund, and the interest received on the moneys in
3the fund shall be credited to the fund. The monies in the fund
4may be accumulated over a period of years to be expended in
5accordance with this subsection.
6    A unit of local government, as defined in the Local Solid
7Waste Disposal Act, shall prepare and post on its website
8distribute to the Agency, in April of each year, a report that
9details spending plans for monies collected in accordance with
10this subsection. The report will at a minimum include the
11following:
12        (1) The total monies collected pursuant to this
13    subsection.
14        (2) The most current balance of monies collected
15    pursuant to this subsection.
16        (3) An itemized accounting of all monies expended for
17    the previous year pursuant to this subsection.
18        (4) An estimation of monies to be collected for the
19    following 3 years pursuant to this subsection.
20        (5) A narrative detailing the general direction and
21    scope of future expenditures for one, 2 and 3 years.
22    The exemptions granted under Sections 22.16 and 22.16a,
23and under subsection (k) of this Section, shall be applicable
24to any fee, tax or surcharge imposed under this subsection
25(j); except that the fee, tax or surcharge authorized to be
26imposed under this subsection (j) may be made applicable by a

 

 

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1unit of local government to the permanent disposal of solid
2waste after December 31, 1986, under any contract lawfully
3executed before June 1, 1986 under which more than 150,000
4cubic yards (or 50,000 tons) of solid waste is to be
5permanently disposed of, even though the waste is exempt from
6the fee imposed by the State under subsection (b) of this
7Section pursuant to an exemption granted under Section 22.16.
8    (k) In accordance with the findings and purposes of the
9Illinois Solid Waste Management Act, beginning January 1, 1989
10the fee under subsection (b) and the fee, tax or surcharge
11under subsection (j) shall not apply to:
12        (1) waste which is hazardous waste;
13        (2) waste which is pollution control waste;
14        (3) waste from recycling, reclamation or reuse
15    processes which have been approved by the Agency as being
16    designed to remove any contaminant from wastes so as to
17    render such wastes reusable, provided that the process
18    renders at least 50% of the waste reusable, except for
19    general construction or demolition debris recovery
20    facilities regulated pursuant to Section 22.38;
21        (4) non-hazardous solid waste that is received at a
22    sanitary landfill and composted or recycled through a
23    process permitted by the Agency; or
24        (5) any landfill which is permitted by the Agency to
25    receive only demolition or construction debris or
26    landscape waste.

 

 

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1(Source: P.A. 100-103, eff. 8-11-17; 100-433, eff. 8-25-17;
2100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
38-14-18; 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 
4    (415 ILCS 5/22.38)
5    Sec. 22.38. General construction or demolition debris
6recovery facilities Facilities accepting exclusively general
7construction or demolition debris for transfer, storage, or
8treatment.
9    (a) General construction or demolition debris recovery
10facilities Facilities accepting exclusively general
11construction or demolition debris for transfer, storage, or
12treatment shall be subject to local zoning, ordinance, and
13land use requirements. General construction or demolition
14debris recovery Those facilities shall be located in
15accordance with local zoning requirements or, in the absence
16of local zoning requirements, shall be located so that no part
17of the facility boundary is closer than 1,320 feet from the
18nearest property zoned for primarily residential use.
19    (b) An owner or operator of a general construction or
20demolition debris recovery facility accepting exclusively
21general construction or demolition debris for transfer,
22storage, or treatment shall:
23            (0.5) Except as otherwise provided by Board rule,
24    at a minimum, recycle 40% of the total general
25    construction or demolition debris received on a rolling

 

 

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1    12-month average basis. The percentages in this paragraph
2    (0.5) of subsection (b) shall be calculated by weight.
3        (1) Within 48 hours after receipt of the general
4    construction or demolition debris at the facility, sort
5    the general construction or demolition debris to separate
6    the (i) recyclable general construction or demolition
7    debris and (ii) wood being , recovered wood that is
8    processed for use as fuel from all other general
9    construction or demolition debris , and general
10    construction or demolition debris that is processed for
11    use at a landfill from the non-recyclable general
12    construction or demolition debris that is to be disposed
13    of or discarded.
14        (2) Transport off site for disposal, in accordance
15    with all applicable federal, State, and local
16    requirements, within 72 hours after its receipt at the
17    facility, all non-usable or non-recyclable general
18    construction or demolition debris that is not (i)
19    recyclable general construction or demolition debris or
20    (ii) wood being , recovered wood that is processed for use
21    as fuel, or general construction or demolition debris that
22    is processed for use at a landfill.
23        (3) Use best management practices to identify and
24    remove all drywall and other wallboard containing gypsum
25    from the (i) recyclable general construction or demolition
26    debris and (ii) wood being recovered for use as fuel,

 

 

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1    prior to any mechanical sorting, separating, grinding, or
2    other processing. Limit the percentage of incoming
3    non-recyclable general construction or demolition debris
4    to 25% or less of the total incoming general construction
5    or demolition debris, so that 75% or more of the general
6    construction or demolition debris accepted, as calculated
7    monthly on a rolling 12-month average, consists of
8    recyclable general construction or demolition debris,
9    recovered wood that is processed for use as fuel, or
10    general construction or demolition debris that is
11    processed for use at a landfill except that general
12    construction or demolition debris processed for use at a
13    landfill shall not exceed 35% of the general construction
14    or demolition debris accepted on a rolling 12-month
15    average basis. The percentages in this paragraph (3) of
16    subsection (b) shall be calculated by weight, using scales
17    located at the facility that are certified under the
18    Weights and Measures Act.
19        (4) Within 45 calendar days after receipt, transport
20    off-site all putrescible recyclable general construction
21    or demolition debris and all wood recovered for use as
22    fuel. Within 6 months after its receipt at the facility,
23    transport:
24            (A) all non-putrescible recyclable general
25        construction or demolition debris for recycling or
26        disposal; and

 

 

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1            (B) all non-putrescible general construction or
2        demolition debris that is processed for use at a
3        landfill to a MSWLF unit for use or disposal.
4        (5) Within 6 months after receipt, transport off-site
5    all non-putrescible recyclable general construction or
6    demolition debris. 45 days after its receipt at the
7    facility, transport:
8            (A) all putrescible or combustible recyclable
9        general construction or demolition debris (excluding
10        recovered wood that is processed for use as fuel) for
11        recycling or disposal;
12            (B) all recovered wood that is processed for use
13        as fuel to an intermediate processing facility for
14        sizing, to a combustion facility for use as fuel, or to
15        a disposal facility; and
16            (C) all putrescible general construction or
17        demolition debris that is processed for use at a
18        landfill to a MSWLF unit for use or disposal.
19        (6) Employ tagging and recordkeeping procedures to, at
20    a minimum, (i) demonstrate compliance with this Section,
21    and (ii) identify the type, amount, source, and
22    transporter of material accepted by the facility, and
23    (iii) identify the type, amount, destination, and
24    transporter of material transported from the facility.
25    Records shall be maintained in a form and format
26    prescribed by the Agency, and beginning October 1, 2021,

 

 

10200SB1089sam003- 49 -LRB102 04912 CPF 25935 a

1    no later than every October 1, January 1, April 1, and July
2    1 thereafter the records shall be summarized in quarterly
3    reports submitted to the Agency in a form and format
4    prescribed by the Agency.
5        (7) Control odor, noise, combustion of materials,
6    disease vectors, dust, and litter.
7        (8) Control, manage, and dispose of any storm water
8    runoff and leachate generated at the facility in
9    accordance with applicable federal, State, and local
10    requirements.
11        (9) Control access to the facility.
12        (10) Comply with all applicable federal, State, or
13    local requirements for the handling, storage,
14    transportation, or disposal of asbestos-containing
15    material or other material accepted at the facility that
16    is not general construction or demolition debris.
17        (11) For an owner or operator that first received
18    general construction or demolition debris prior to August
19    24, 2009, submit to the Agency, no later than 6 months
20    after the effective date of rules adopted by the Board
21    under subsection (n), a permit application for a general
22    construction or demolition debris recovery facility. Prior
23    to August 24, 2009 (the effective date of Public Act
24    96-611), submit to the Agency at least 30 days prior to the
25    initial acceptance of general construction or demolition
26    debris at the facility, on forms provided by the Agency,

 

 

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1    the following information:
2            (A) the name, address, and telephone number of
3        both the facility owner and operator;
4            (B) the street address and location of the
5        facility;
6            (C) a description of facility operations;
7            (D) a description of the tagging and recordkeeping
8        procedures the facility will employ to (i) demonstrate
9        compliance with this Section and (ii) identify the
10        source and transporter of any material accepted by the
11        facility;
12            (E) the name and location of the disposal sites to
13        be used for the disposal of any general construction
14        or demolition debris received at the facility that
15        must be disposed of;
16            (F) the name and location of an individual,
17        facility, or business to which recyclable materials
18        will be transported;
19            (G) the name and location of intermediate
20        processing facilities or combustion facilities to
21        which recovered wood that is processed for use as fuel
22        will be transported; and
23            (H) other information as specified on the form
24        provided by the Agency.
25        (12) On or after August 24, 2009 (the effective date
26    of Public Act 96-611), obtain a permit for the operation

 

 

10200SB1089sam003- 51 -LRB102 04912 CPF 25935 a

1    of a general construction or demolition debris recovery
2    facility issued by the Agency prior to the initial
3    acceptance of general construction or demolition debris at
4    the facility.
5        When any of the information contained or processes
6    described in the initial notification form submitted to
7    the Agency under paragraph (11) of subsection (b) of this
8    Section changes, the owner and operator shall submit an
9    updated form within 14 days of the change.
10    (c) For purposes of this Section, the term "recyclable
11general construction or demolition debris" means general
12construction or demolition debris that is being reclaimed from
13the general construction or demolition debris waste stream and
14(i) is has been rendered reusable and is reused or (ii) that
15would otherwise be disposed of or discarded but is collected,
16separated, or processed and returned to the economic
17mainstream in the form of raw materials or products.
18"Recyclable general construction or demolition debris" does
19not include (i) general construction or demolition debris that
20is (i) recovered processed for use as fuel or that is
21otherwise , incinerated or , burned, (ii) used in violation of
22subsection (k), buried, or otherwise used as fill material or
23(iii) disposed at a landfill (ii) general construction or
24demolition debris that is processed for use at a landfill.
25    (d) (Blank). For purposes of this Section, "treatment"
26means processing designed to alter the physical nature of the

 

 

10200SB1089sam003- 52 -LRB102 04912 CPF 25935 a

1general construction or demolition debris, including but not
2limited to size reduction, crushing, grinding, or
3homogenization, but does not include processing designed to
4change the chemical nature of the general construction or
5demolition debris.
6    (e) For purposes of this Section, wood recovered for use
7as fuel is "recovered wood that is processed for use as fuel"
8means wood that is recovered has been salvaged from the
9general construction or demolition debris waste stream and
10processed for use as fuel, as authorized by the applicable
11state or federal environmental regulatory authority, and
12supplied only to intermediate processing facilities for
13sizing, or to combustion facilities for use as fuel, that have
14obtained all necessary waste management and air permits for
15handling and combustion of the fuel.
16    (f) (Blank). For purposes of this Section, "non-recyclable
17general construction or demolition debris" does not include
18"recovered wood that is processed for use as fuel" or general
19construction or demolition debris that is processed for use at
20a landfill.
21    (g) (Blank). Recyclable general construction or demolition
22debris, recovered wood that is processed for use as fuel, and
23general construction or demolition debris that is processed
24for use at a landfill shall not be considered as meeting the
2575% diversion requirement for purposes of subdivision (b)(3)
26of this Section if sent for disposal at the end of the

 

 

10200SB1089sam003- 53 -LRB102 04912 CPF 25935 a

1applicable retention period.
2    (h) (Blank). For the purposes of this Section, "general
3construction or demolition debris that is processed for use at
4a landfill" means general construction or demolition debris
5that is processed for use at a MSWLF unit as alternative daily
6cover, road building material, or drainage structure building
7material in accordance with the MSWLF unit's waste disposal
8permit issued by the Agency under this Act.
9    (i) (Blank). For purposes of the 75% diversion requirement
10under subdivision (b)(3) of this Section, owners and operators
11of facilities accepting exclusively general construction or
12demolition debris for transfer, storage, or treatment may
13multiply by 2 the amount of accepted asphalt roofing shingles
14that are transferred to a facility for recycling in accordance
15with a beneficial use determination issued under Section 22.54
16of this Act. The owner or operator of the facility accepting
17exclusively general construction or demolition debris for
18transfer, storage, or treatment must maintain receipts from
19the shingle recycling facility that document the amounts of
20asphalt roofing shingles transferred for recycling in
21accordance with the beneficial use determination. All receipts
22must be maintained for a minimum of 3 years and must be made
23available to the Agency for inspection and copying during
24normal business hours.
25    (j) No person shall cause or allow the acceptance of any
26waste at a general construction or demolition debris recovery

 

 

10200SB1089sam003- 54 -LRB102 04912 CPF 25935 a

1facility, other than general construction or demolition
2debris.
3    (k) No person shall cause or allow the deposit or other
4placement of general construction or demolition debris that is
5received at a general construction or demolition debris
6recovery facility into or on any land or water, including, but
7not limited to, use as fill or road construction material at a
8site subject to Section 22.51, unless the general construction
9or demolition debris (i) meets the definition of clean
10construction or demolition debris in subsection (b) of Section
113.160 of this Act and (ii) has been returned to the economic
12mainstream in the form of a raw material or product.
13    (l) Beginning one year after the effective date of rules
14adopted by the Board under subsection (n), no person shall own
15or operate a general construction or demolition debris
16recovery facility without a permit issued by the Agency.
17    (m) In addition to any other requirements of this Act, no
18person shall, at a general construction or demolition debris
19recovery facility, cause or allow the storage or treatment of
20general construction or demolition debris in violation of this
21Act, any regulations or standards adopted under this Act, or
22any condition of a permit issued under this Act.
23    (n) No later than one year after the effective date of this
24Amendatory Act of the 102nd General Assembly the Agency shall
25propose to the Board, and no later than one year after receipt
26of the Agency's proposal the Board shall, adopt rules for

 

 

10200SB1089sam003- 55 -LRB102 04912 CPF 25935 a

1permitting the operation of general construction or demolition
2debris recovery facilities. Such rules shall include, but not
3be limited to: requirements for material receipt, handling,
4storage, and transfer; improvements to best management
5practices for identifying, testing for, and removing drywall
6containing gypsum; minimal recycling, reclamation, reuse
7requirements, and recordkeeping; reporting; financial
8assurance; and limiting or prohibiting sulfur in wallboard
9used or disposed of at landfills; and transition of facilities
10to permitting under the rules.
11(Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09;
1296-1000, eff. 7-2-10; 97-230, eff. 7-28-11; 97-314, eff.
131-1-12; 97-813, eff. 7-13-12.)
 
14    (415 ILCS 5/31.1)  (from Ch. 111 1/2, par. 1031.1)
15    Sec. 31.1. Administrative citation.
16    (a) The prohibitions specified in subsections (o) and (p)
17of Section 21 and subsection (k) of Section 55 of this Act
18shall be enforceable either by administrative citation under
19this Section or as otherwise provided by this Act. Violations
20of Sections 22.38, Section 22.51, and 22.51a of this Act shall
21be enforceable either by administrative citation under this
22Section or as otherwise provided by this Act.
23    (b) Whenever Agency personnel or personnel of a unit of
24local government to which the Agency has delegated its
25functions pursuant to subsection (r) of Section 4 of this Act,

 

 

10200SB1089sam003- 56 -LRB102 04912 CPF 25935 a

1on the basis of direct observation, determine that any person
2has violated any provision of subsection (o) or (p) of Section
321, Section 22.38, Section 22.51, Section 22.51a, or
4subsection (k) of Section 55 of this Act, the Agency or such
5unit of local government may issue and serve an administrative
6citation upon such person within not more than 60 days after
7the date of the observed violation. Each such citation issued
8shall be served upon the person named therein or such person's
9authorized agent for service of process, and shall include the
10following information:
11        (1) a statement specifying the provisions of
12    subsection (o) or (p) of Section 21, Section 22.38,
13    Section 22.51, Section 22.51a, or subsection (k) of
14    Section 55 of which the person was observed to be in
15    violation;
16        (2) a copy of the inspection report in which the
17    Agency or local government recorded the violation, which
18    report shall include the date and time of inspection, and
19    weather conditions prevailing during the inspection;
20        (3) the penalty imposed by subdivision (b)(4) or
21    (b)(4-5) of Section 42 for such violation;
22        (4) instructions for contesting the administrative
23    citation findings pursuant to this Section, including
24    notification that the person has 35 days within which to
25    file a petition for review before the Board to contest the
26    administrative citation; and

 

 

10200SB1089sam003- 57 -LRB102 04912 CPF 25935 a

1        (5) an affidavit by the personnel observing the
2    violation, attesting to their material actions and
3    observations.
4    (c) The Agency or unit of local government shall file a
5copy of each administrative citation served under subsection
6(b) of this Section with the Board no later than 10 days after
7the date of service.
8    (d) (1) If the person named in the administrative citation
9fails to petition the Board for review within 35 days from the
10date of service, the Board shall adopt a final order, which
11shall include the administrative citation and findings of
12violation as alleged in the citation, and shall impose the
13penalty specified in subdivision (b)(4) or (b)(4-5) of Section
1442.
15    (2) If a petition for review is filed before the Board to
16contest an administrative citation issued under subsection (b)
17of this Section, the Agency or unit of local government shall
18appear as a complainant at a hearing before the Board to be
19conducted pursuant to Section 32 of this Act at a time not less
20than 21 days after notice of such hearing has been sent by the
21Board to the Agency or unit of local government and the person
22named in the citation. In such hearings, the burden of proof
23shall be on the Agency or unit of local government. If, based
24on the record, the Board finds that the alleged violation
25occurred, it shall adopt a final order which shall include the
26administrative citation and findings of violation as alleged

 

 

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1in the citation, and shall impose the penalty specified in
2subdivision (b)(4) or (b)(4-5) of Section 42. However, if the
3Board finds that the person appealing the citation has shown
4that the violation resulted from uncontrollable circumstances,
5the Board shall adopt a final order which makes no finding of
6violation and which imposes no penalty.
7    (e) Sections 10-25 through 10-60 of the Illinois
8Administrative Procedure Act shall not apply to any
9administrative citation issued under subsection (b) of this
10Section.
11    (f) The other provisions of this Section shall not apply
12to a sanitary landfill operated by a unit of local government
13solely for the purpose of disposing of water and sewage
14treatment plant sludges, including necessary stabilizing
15materials.
16    (g) All final orders issued and entered by the Board
17pursuant to this Section shall be enforceable by injunction,
18mandamus or other appropriate remedy, in accordance with
19Section 42 of this Act.
20(Source: P.A. 96-737, eff. 8-25-09; 96-1416, eff. 7-30-10.)
 
21    (415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)
22    Sec. 42. Civil penalties.
23    (a) Except as provided in this Section, any person that
24violates any provision of this Act or any regulation adopted
25by the Board, or any permit or term or condition thereof, or

 

 

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1that violates any order of the Board pursuant to this Act,
2shall be liable for a civil penalty of not to exceed $50,000
3for the violation and an additional civil penalty of not to
4exceed $10,000 for each day during which the violation
5continues; such penalties may, upon order of the Board or a
6court of competent jurisdiction, be made payable to the
7Environmental Protection Trust Fund, to be used in accordance
8with the provisions of the Environmental Protection Trust Fund
9Act.
10    (b) Notwithstanding the provisions of subsection (a) of
11this Section:
12        (1) Any person that violates Section 12(f) of this Act
13    or any NPDES permit or term or condition thereof, or any
14    filing requirement, regulation or order relating to the
15    NPDES permit program, shall be liable to a civil penalty
16    of not to exceed $10,000 per day of violation.
17        (2) Any person that violates Section 12(g) of this Act
18    or any UIC permit or term or condition thereof, or any
19    filing requirement, regulation or order relating to the
20    State UIC program for all wells, except Class II wells as
21    defined by the Board under this Act, shall be liable to a
22    civil penalty not to exceed $2,500 per day of violation;
23    provided, however, that any person who commits such
24    violations relating to the State UIC program for Class II
25    wells, as defined by the Board under this Act, shall be
26    liable to a civil penalty of not to exceed $10,000 for the

 

 

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1    violation and an additional civil penalty of not to exceed
2    $1,000 for each day during which the violation continues.
3        (3) Any person that violates Sections 21(f), 21(g),
4    21(h) or 21(i) of this Act, or any RCRA permit or term or
5    condition thereof, or any filing requirement, regulation
6    or order relating to the State RCRA program, shall be
7    liable to a civil penalty of not to exceed $25,000 per day
8    of violation.
9        (4) In an administrative citation action under Section
10    31.1 of this Act, any person found to have violated any
11    provision of subsection (o) of Section 21 of this Act
12    shall pay a civil penalty of $500 for each violation of
13    each such provision, plus any hearing costs incurred by
14    the Board and the Agency. Such penalties shall be made
15    payable to the Environmental Protection Trust Fund, to be
16    used in accordance with the provisions of the
17    Environmental Protection Trust Fund Act; except that if a
18    unit of local government issued the administrative
19    citation, 50% of the civil penalty shall be payable to the
20    unit of local government.
21        (4-5) In an administrative citation action under
22    Section 31.1 of this Act, any person found to have
23    violated any provision of subsection (p) of Section 21,
24    Section 22.38, Section 22.51, Section 22.51a, or
25    subsection (k) of Section 55 of this Act shall pay a civil
26    penalty of $1,500 for each violation of each such

 

 

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1    provision, plus any hearing costs incurred by the Board
2    and the Agency, except that the civil penalty amount shall
3    be $3,000 for each violation of any provision of
4    subsection (p) of Section 21, Section 22.38, Section
5    22.51, Section 22.51a, or subsection (k) of Section 55
6    that is the person's second or subsequent adjudication
7    violation of that provision. The penalties shall be
8    deposited into the Environmental Protection Trust Fund, to
9    be used in accordance with the provisions of the
10    Environmental Protection Trust Fund Act; except that if a
11    unit of local government issued the administrative
12    citation, 50% of the civil penalty shall be payable to the
13    unit of local government.
14        (5) Any person who violates subsection 6 of Section
15    39.5 of this Act or any CAAPP permit, or term or condition
16    thereof, or any fee or filing requirement, or any duty to
17    allow or carry out inspection, entry or monitoring
18    activities, or any regulation or order relating to the
19    CAAPP shall be liable for a civil penalty not to exceed
20    $10,000 per day of violation.
21        (6) Any owner or operator of a community water system
22    that violates subsection (b) of Section 18.1 or subsection
23    (a) of Section 25d-3 of this Act shall, for each day of
24    violation, be liable for a civil penalty not to exceed $5
25    for each of the premises connected to the affected
26    community water system.

 

 

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1        (7) Any person who violates Section 52.5 of this Act
2    shall be liable for a civil penalty of up to $1,000 for the
3    first violation of that Section and a civil penalty of up
4    to $2,500 for a second or subsequent violation of that
5    Section.
6    (b.5) In lieu of the penalties set forth in subsections
7(a) and (b) of this Section, any person who fails to file, in a
8timely manner, toxic chemical release forms with the Agency
9pursuant to Section 25b-2 of this Act shall be liable for a
10civil penalty of $100 per day for each day the forms are late,
11not to exceed a maximum total penalty of $6,000. This daily
12penalty shall begin accruing on the thirty-first day after the
13date that the person receives the warning notice issued by the
14Agency pursuant to Section 25b-6 of this Act; and the penalty
15shall be paid to the Agency. The daily accrual of penalties
16shall cease as of January 1 of the following year. All
17penalties collected by the Agency pursuant to this subsection
18shall be deposited into the Environmental Protection Permit
19and Inspection Fund.
20    (c) Any person that violates this Act, any rule or
21regulation adopted under this Act, any permit or term or
22condition of a permit, or any Board order and causes the death
23of fish or aquatic life shall, in addition to the other
24penalties provided by this Act, be liable to pay to the State
25an additional sum for the reasonable value of the fish or
26aquatic life destroyed. Any money so recovered shall be placed

 

 

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1in the Wildlife and Fish Fund in the State Treasury.
2    (d) The penalties provided for in this Section may be
3recovered in a civil action.
4    (e) The State's Attorney of the county in which the
5violation occurred, or the Attorney General, may, at the
6request of the Agency or on his own motion, institute a civil
7action for an injunction, prohibitory or mandatory, to
8restrain violations of this Act, any rule or regulation
9adopted under this Act, any permit or term or condition of a
10permit, or any Board order, or to require such other actions as
11may be necessary to address violations of this Act, any rule or
12regulation adopted under this Act, any permit or term or
13condition of a permit, or any Board order.
14    (f) The State's Attorney of the county in which the
15violation occurred, or the Attorney General, shall bring such
16actions in the name of the people of the State of Illinois.
17Without limiting any other authority which may exist for the
18awarding of attorney's fees and costs, the Board or a court of
19competent jurisdiction may award costs and reasonable
20attorney's fees, including the reasonable costs of expert
21witnesses and consultants, to the State's Attorney or the
22Attorney General in a case where he has prevailed against a
23person who has committed a willful, knowing, or repeated
24violation of this Act, any rule or regulation adopted under
25this Act, any permit or term or condition of a permit, or any
26Board order.

 

 

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1    Any funds collected under this subsection (f) in which the
2Attorney General has prevailed shall be deposited in the
3Hazardous Waste Fund created in Section 22.2 of this Act. Any
4funds collected under this subsection (f) in which a State's
5Attorney has prevailed shall be retained by the county in
6which he serves.
7    (g) All final orders imposing civil penalties pursuant to
8this Section shall prescribe the time for payment of such
9penalties. If any such penalty is not paid within the time
10prescribed, interest on such penalty at the rate set forth in
11subsection (a) of Section 1003 of the Illinois Income Tax Act,
12shall be paid for the period from the date payment is due until
13the date payment is received. However, if the time for payment
14is stayed during the pendency of an appeal, interest shall not
15accrue during such stay.
16    (h) In determining the appropriate civil penalty to be
17imposed under subdivisions (a), (b)(1), (b)(2), (b)(3),
18(b)(5), (b)(6), or (b)(7) of this Section, the Board is
19authorized to consider any matters of record in mitigation or
20aggravation of penalty, including, but not limited to, the
21following factors:
22        (1) the duration and gravity of the violation;
23        (2) the presence or absence of due diligence on the
24    part of the respondent in attempting to comply with
25    requirements of this Act and regulations thereunder or to
26    secure relief therefrom as provided by this Act;

 

 

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1        (3) any economic benefits accrued by the respondent
2    because of delay in compliance with requirements, in which
3    case the economic benefits shall be determined by the
4    lowest cost alternative for achieving compliance;
5        (4) the amount of monetary penalty which will serve to
6    deter further violations by the respondent and to
7    otherwise aid in enhancing voluntary compliance with this
8    Act by the respondent and other persons similarly subject
9    to the Act;
10        (5) the number, proximity in time, and gravity of
11    previously adjudicated violations of this Act by the
12    respondent;
13        (6) whether the respondent voluntarily self-disclosed,
14    in accordance with subsection (i) of this Section, the
15    non-compliance to the Agency;
16        (7) whether the respondent has agreed to undertake a
17    "supplemental environmental project", which means an
18    environmentally beneficial project that a respondent
19    agrees to undertake in settlement of an enforcement action
20    brought under this Act, but which the respondent is not
21    otherwise legally required to perform; and
22        (8) whether the respondent has successfully completed
23    a Compliance Commitment Agreement under subsection (a) of
24    Section 31 of this Act to remedy the violations that are
25    the subject of the complaint.
26    In determining the appropriate civil penalty to be imposed

 

 

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1under subsection (a) or paragraph (1), (2), (3), (5), (6), or
2(7) of subsection (b) of this Section, the Board shall ensure,
3in all cases, that the penalty is at least as great as the
4economic benefits, if any, accrued by the respondent as a
5result of the violation, unless the Board finds that
6imposition of such penalty would result in an arbitrary or
7unreasonable financial hardship. However, such civil penalty
8may be off-set in whole or in part pursuant to a supplemental
9environmental project agreed to by the complainant and the
10respondent.
11    (i) A person who voluntarily self-discloses non-compliance
12to the Agency, of which the Agency had been unaware, is
13entitled to a 100% reduction in the portion of the penalty that
14is not based on the economic benefit of non-compliance if the
15person can establish the following:
16        (1) that either the regulated entity is a small entity
17    or the non-compliance was discovered through an
18    environmental audit or a compliance management system
19    documented by the regulated entity as reflecting the
20    regulated entity's due diligence in preventing, detecting,
21    and correcting violations;
22        (2) that the non-compliance was disclosed in writing
23    within 30 days of the date on which the person discovered
24    it;
25        (3) that the non-compliance was discovered and
26    disclosed prior to:

 

 

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1            (i) the commencement of an Agency inspection,
2        investigation, or request for information;
3            (ii) notice of a citizen suit;
4            (iii) the filing of a complaint by a citizen, the
5        Illinois Attorney General, or the State's Attorney of
6        the county in which the violation occurred;
7            (iv) the reporting of the non-compliance by an
8        employee of the person without that person's
9        knowledge; or
10            (v) imminent discovery of the non-compliance by
11        the Agency;
12        (4) that the non-compliance is being corrected and any
13    environmental harm is being remediated in a timely
14    fashion;
15        (5) that the person agrees to prevent a recurrence of
16    the non-compliance;
17        (6) that no related non-compliance events have
18    occurred in the past 3 years at the same facility or in the
19    past 5 years as part of a pattern at multiple facilities
20    owned or operated by the person;
21        (7) that the non-compliance did not result in serious
22    actual harm or present an imminent and substantial
23    endangerment to human health or the environment or violate
24    the specific terms of any judicial or administrative order
25    or consent agreement;
26        (8) that the person cooperates as reasonably requested

 

 

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1    by the Agency after the disclosure; and
2        (9) that the non-compliance was identified voluntarily
3    and not through a monitoring, sampling, or auditing
4    procedure that is required by statute, rule, permit,
5    judicial or administrative order, or consent agreement.
6    If a person can establish all of the elements under this
7subsection except the element set forth in paragraph (1) of
8this subsection, the person is entitled to a 75% reduction in
9the portion of the penalty that is not based upon the economic
10benefit of non-compliance.
11    For the purposes of this subsection (i), "small entity"
12has the same meaning as in Section 221 of the federal Small
13Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
14601).
15    (j) In addition to any other remedy or penalty that may
16apply, whether civil or criminal, any person who violates
17Section 22.52 of this Act shall be liable for an additional
18civil penalty of up to 3 times the gross amount of any
19pecuniary gain resulting from the violation.
20    (k) In addition to any other remedy or penalty that may
21apply, whether civil or criminal, any person who violates
22subdivision (a)(7.6) of Section 31 of this Act shall be liable
23for an additional civil penalty of $2,000.
24(Source: P.A. 99-934, eff. 1-27-17; 100-436, eff. 8-25-17;
25100-863, eff. 8-14-18.)
 

 

 

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1    (415 ILCS 5/22.38a rep.)
2    Section 10. The Environmental Protection Act is amended by
3repealing Section 22.38a.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".