Illinois General Assembly - Full Text of SB1656
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Full Text of SB1656  102nd General Assembly

SB1656sam001 102ND GENERAL ASSEMBLY

Sen. Patrick J. Joyce

Filed: 3/22/2021

 

 


 

 


 
10200SB1656sam001LRB102 17019 SPS 23499 a

1
AMENDMENT TO SENATE BILL 1656

2    AMENDMENT NO. ______. Amend Senate Bill 1656 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Dead Animal Disposal Act is
5amended by changing Sections 1.1 and 19a and by adding Section
617.1 as follows:
 
7    (225 ILCS 610/1.1)  (from Ch. 8, par. 149.1)
8    Sec. 1.1. As used in this Act, unless the context
9otherwise requires:
10    (a) "Department" means the Department of Agriculture of
11the State of Illinois.
12    (b) "Person" means any individual, firm, partnership,
13association, corporation or other business entity.
14    (c) "Renderer" means any person who, for other than human
15consumption, collects, cooks and processes bodies or parts of
16bodies of dead animals, poultry or fish, or used cooking

 

 

10200SB1656sam001- 2 -LRB102 17019 SPS 23499 a

1grease and oils, for the purpose of salvaging hides, wool,
2skins or feathers, and for the production of animal, poultry,
3or fish protein, blood meal, bone meal, grease or tallow.
4    (d) "Blender" means any person who acquires inedible
5by-products of bodies or parts of bodies of dead animals,
6poultry or fish, or used cooking grease and oils, for the
7purpose of blending them to obtain a desired percentage of
8protein, degree of quality or color for use in animal feed,
9poultry feed or fertilizers.
10    (e) "Collection center" means any place where bodies or
11parts of bodies of dead animals, poultry or fish, or used
12cooking grease and cooking oils, are collected for loading
13into a permitted vehicle for delivery to the renderer.
14    (f) "Permittee" means any person issued a vehicle permit
15under the provisions of this Act.
16    (g) "Licensee" means any person licensed under the
17provisions of this Act.
18    (h) "Rendering materials" means bodies or parts of bodies
19of dead animals, poultry or fish, or used cooking grease and
20oils.
21    (i) "Animal collection service" means a company that
22conveys dead animals to a landfill facility licensed under the
23Environmental Protection Act when no rendering service is
24available. Waste haulers collecting waste in which a dead
25animal is included incidental to such waste shall not be
26considered an "animal collection service" activity.

 

 

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1    (j) "Grease and oil collector" means any person who
2collects for reuse or recycling used cooking grease and
3cooking oils in a permitted vehicle for delivery to a grease
4and cooking oil processor for purposes other than rendering or
5blending.
6    (k) "Grease and oil processor" means any person who
7stores, filters, processes, or distributes for reuse or
8recycling used cooking grease and cooking oils for uses other
9than rendering or blending.
10    (l) "Mass animal mortality event" means an event, as
11declared by the Director, in which large numbers of animals of
12a single or multiple species die or are at an increased risk of
13mortality due to disease, natural disaster, or any other
14non-disease related event, including, but not limited to,
15market disruption or ventilation failure.
16    (m) "Director" means the Director of Agriculture.
17    (n) "Dead animal" means the carcass or tissue from a
18deceased domesticated animal, poultry, fish, captive wild
19animal, or captive wildlife.
20    (o) "Operator" means the person or entity that has been
21designated by the owner, through contract or otherwise, as
22responsible for conveying dead animals.
23(Source: P.A. 98-785, eff. 1-1-15.)
 
24    (225 ILCS 610/17.1 new)
25    Sec. 17.1. Mass animal mortality event.

 

 

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1    (a) The Director, at his or her discretion, may declare a
2mass animal mortality event. The Director shall notify the
3Illinois Emergency Management Agency of the declaration. The
4notification shall be made without delay, but no later than 24
5hours following the declaration.
6    (b) The Department shall create and file with the Illinois
7Emergency Management Agency a mass animal mortality event
8plan. The plan must include and describe, at a minimum, the
9following options of disposal:
10        (1) burial, which may include methods and procedures
11    for above-ground burial;
12        (2) rendering;
13        (3) transfer to a landfill;
14        (4) composting, which may be conducted on the site
15    where the death of the animals occurred or by transporting
16    the bodies to a licensed landfill or to a centralized
17    off-site location determined at the time of the mass
18    animal mortality event;
19        (5) incineration; and
20        (6) any other acceptable method as determined by the
21    Director.
22    (b) Notwithstanding any other provision of this Act,
23following the Director's declaration of a mass animal
24mortality event, the Department shall implement the most
25recent mass animal mortality event plan on file with the
26Illinois Emergency Management Agency.
 

 

 

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1    (225 ILCS 610/19a)  (from Ch. 8, par. 167a)
2    Sec. 19a. This Act shall be known and may be cited as the
3Animal Mortality Act "Illinois Dead Animal Disposal Act".
4(Source: P.A. 83-760.)
 
5    Section 10. The Environmental Protection Act is amended by
6changing Sections 3.330, 21, and 39 as follows:
 
7    (415 ILCS 5/3.330)  (was 415 ILCS 5/3.32)
8    Sec. 3.330. Pollution control facility.
9    (a) "Pollution control facility" is any waste storage
10site, sanitary landfill, waste disposal site, waste transfer
11station, waste treatment facility, or waste incinerator. This
12includes sewers, sewage treatment plants, and any other
13facilities owned or operated by sanitary districts organized
14under the Metropolitan Water Reclamation District Act.
15    The following are not pollution control facilities:
16        (1) (blank);
17        (2) waste storage sites regulated under 40 CFR, Part
18    761.42;
19        (3) sites or facilities used by any person conducting
20    a waste storage, waste treatment, waste disposal, waste
21    transfer or waste incineration operation, or a combination
22    thereof, for wastes generated by such person's own
23    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 that accepts
11    exclusively general construction or demolition debris and
12    is operated and located in accordance with Section 22.38
13    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

 

 

10200SB1656sam001- 16 -LRB102 17019 SPS 23499 a

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; and .
11        (25) the portion of a site or facility used during a
12    mass animal mortality event, as defined in the Animal
13    Mortality Act, where such waste is collected, stored,
14    processed, disposed, or incinerated under a mass animal
15    mortality event plan issued by the Department of
16    Agriculture.
17    (b) A new pollution control facility is:
18        (1) a pollution control facility initially permitted
19    for development or construction after July 1, 1981; or
20        (2) the area of expansion beyond the boundary of a
21    currently permitted pollution control facility; or
22        (3) a permitted pollution control facility requesting
23    approval to store, dispose of, transfer or incinerate, for
24    the first time, any special or hazardous waste.
25(Source: P.A. 99-12, eff. 7-10-15; 99-440, eff. 8-21-15;
2699-642, eff. 7-28-16; 100-94, eff. 8-11-17.)
 

 

 

10200SB1656sam001- 17 -LRB102 17019 SPS 23499 a

1    (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)
2    Sec. 21. Prohibited acts. No person shall:
3    (a) Cause or allow the open dumping of any waste.
4    (b) Abandon, dump, or deposit any waste upon the public
5highways or other public property, except in a sanitary
6landfill approved by the Agency pursuant to regulations
7adopted by the Board.
8    (c) Abandon any vehicle in violation of the "Abandoned
9Vehicles Amendment to the Illinois Vehicle Code", as enacted
10by the 76th General Assembly.
11    (d) Conduct any waste-storage, waste-treatment, or
12waste-disposal operation:
13        (1) without a permit granted by the Agency or in
14    violation of any conditions imposed by such permit,
15    including periodic reports and full access to adequate
16    records and the inspection of facilities, as may be
17    necessary to assure compliance with this Act and with
18    regulations and standards adopted thereunder; provided,
19    however, that, except for municipal solid waste landfill
20    units that receive waste on or after October 9, 1993, and
21    CCR surface impoundments, no permit shall be required for
22    (i) any person conducting a waste-storage,
23    waste-treatment, or waste-disposal operation for wastes
24    generated by such person's own activities which are
25    stored, treated, or disposed within the site where such

 

 

10200SB1656sam001- 18 -LRB102 17019 SPS 23499 a

1    wastes are generated, or (ii) a facility located in a
2    county with a population over 700,000 as of January 1,
3    2000, operated and located in accordance with Section
4    22.38 of this Act, and used exclusively for the transfer,
5    storage, or treatment of general construction or
6    demolition debris, provided that the facility was
7    receiving construction or demolition debris on August 24,
8    2009 (the effective date of Public Act 96-611), or (iii)
9    any person conducting a waste transfer, storage,
10    treatment, or disposal operation, including, but not
11    limited to, a waste transfer or waste composting
12    operation, under a mass animal mortality event plan
13    created by the Department of Agriculture this amendatory
14    Act of the 96th General Assembly;
15        (2) in violation of any regulations or standards
16    adopted by the Board under this Act; or
17        (3) which receives waste after August 31, 1988, does
18    not have a permit issued by the Agency, and is (i) a
19    landfill used exclusively for the disposal of waste
20    generated at the site, (ii) a surface impoundment
21    receiving special waste not listed in an NPDES permit,
22    (iii) a waste pile in which the total volume of waste is
23    greater than 100 cubic yards or the waste is stored for
24    over one year, or (iv) a land treatment facility receiving
25    special waste generated at the site; without giving notice
26    of the operation to the Agency by January 1, 1989, or 30

 

 

10200SB1656sam001- 19 -LRB102 17019 SPS 23499 a

1    days after the date on which the operation commences,
2    whichever is later, and every 3 years thereafter. The form
3    for such notification shall be specified by the Agency,
4    and shall be limited to information regarding: the name
5    and address of the location of the operation; the type of
6    operation; the types and amounts of waste stored, treated
7    or disposed of on an annual basis; the remaining capacity
8    of the operation; and the remaining expected life of the
9    operation.
10    Item (3) of this subsection (d) shall not apply to any
11person engaged in agricultural activity who is disposing of a
12substance that constitutes solid waste, if the substance was
13acquired for use by that person on his own property, and the
14substance is disposed of on his own property in accordance
15with regulations or standards adopted by the Board.
16    This subsection (d) shall not apply to hazardous waste.
17    (e) Dispose, treat, store or abandon any waste, or
18transport any waste into this State for disposal, treatment,
19storage or abandonment, except at a site or facility which
20meets the requirements of this Act and of regulations and
21standards thereunder.
22    (f) Conduct any hazardous waste-storage, hazardous
23waste-treatment or hazardous waste-disposal operation:
24        (1) without a RCRA permit for the site issued by the
25    Agency under subsection (d) of Section 39 of this Act, or
26    in violation of any condition imposed by such permit,

 

 

10200SB1656sam001- 20 -LRB102 17019 SPS 23499 a

1    including periodic reports and full access to adequate
2    records and the inspection of facilities, as may be
3    necessary to assure compliance with this Act and with
4    regulations and standards adopted thereunder; or
5        (2) in violation of any regulations or standards
6    adopted by the Board under this Act; or
7        (3) in violation of any RCRA permit filing requirement
8    established under standards adopted by the Board under
9    this Act; or
10        (4) in violation of any order adopted by the Board
11    under this Act.
12    Notwithstanding the above, no RCRA permit shall be
13required under this subsection or subsection (d) of Section 39
14of this Act for any person engaged in agricultural activity
15who is disposing of a substance which has been identified as a
16hazardous waste, and which has been designated by Board
17regulations as being subject to this exception, if the
18substance was acquired for use by that person on his own
19property and the substance is disposed of on his own property
20in accordance with regulations or standards adopted by the
21Board.
22    (g) Conduct any hazardous waste-transportation operation:
23        (1) without registering with and obtaining a special
24    waste hauling permit from the Agency in accordance with
25    the regulations adopted by the Board under this Act; or
26        (2) in violation of any regulations or standards

 

 

10200SB1656sam001- 21 -LRB102 17019 SPS 23499 a

1    adopted by the Board under this Act.
2    (h) Conduct any hazardous waste-recycling or hazardous
3waste-reclamation or hazardous waste-reuse operation in
4violation of any regulations, standards or permit requirements
5adopted by the Board under this Act.
6    (i) Conduct any process or engage in any act which
7produces hazardous waste in violation of any regulations or
8standards adopted by the Board under subsections (a) and (c)
9of Section 22.4 of this Act.
10    (j) Conduct any special waste-transportation waste
11transportation operation in violation of any regulations,
12standards or permit requirements adopted by the Board under
13this Act. However, sludge from a water or sewage treatment
14plant owned and operated by a unit of local government which
15(1) is subject to a sludge management plan approved by the
16Agency or a permit granted by the Agency, and (2) has been
17tested and determined not to be a hazardous waste as required
18by applicable State and federal laws and regulations, may be
19transported in this State without a special waste hauling
20permit, and the preparation and carrying of a manifest shall
21not be required for such sludge under the rules of the
22Pollution Control Board. The unit of local government which
23operates the treatment plant producing such sludge shall file
24an annual report with the Agency identifying the volume of
25such sludge transported during the reporting period, the
26hauler of the sludge, and the disposal sites to which it was

 

 

10200SB1656sam001- 22 -LRB102 17019 SPS 23499 a

1transported. This subsection (j) shall not apply to hazardous
2waste.
3    (k) Fail or refuse to pay any fee imposed under this Act.
4    (l) Locate a hazardous waste disposal site above an active
5or inactive shaft or tunneled mine or within 2 miles of an
6active fault in the earth's crust. In counties of population
7less than 225,000 no hazardous waste disposal site shall be
8located (1) within 1 1/2 miles of the corporate limits as
9defined on June 30, 1978, of any municipality without the
10approval of the governing body of the municipality in an
11official action; or (2) within 1000 feet of an existing
12private well or the existing source of a public water supply
13measured from the boundary of the actual active permitted site
14and excluding existing private wells on the property of the
15permit applicant. The provisions of this subsection do not
16apply to publicly owned publicly-owned sewage works or the
17disposal or utilization of sludge from publicly owned
18publicly-owned sewage works.
19    (m) Transfer interest in any land which has been used as a
20hazardous waste disposal site without written notification to
21the Agency of the transfer and to the transferee of the
22conditions imposed by the Agency upon its use under subsection
23(g) of Section 39.
24    (n) Use any land which has been used as a hazardous waste
25disposal site except in compliance with conditions imposed by
26the Agency under subsection (g) of Section 39.

 

 

10200SB1656sam001- 23 -LRB102 17019 SPS 23499 a

1    (o) Conduct a sanitary landfill operation which is
2required to have a permit under subsection (d) of this
3Section, in a manner which results in any of the following
4conditions:
5        (1) refuse in standing or flowing waters;
6        (2) leachate flows entering waters of the State;
7        (3) leachate flows exiting the landfill confines (as
8    determined by the boundaries established for the landfill
9    by a permit issued by the Agency);
10        (4) open burning of refuse in violation of Section 9
11    of this Act;
12        (5) uncovered refuse remaining from any previous
13    operating day or at the conclusion of any operating day,
14    unless authorized by permit;
15        (6) failure to provide final cover within time limits
16    established by Board regulations;
17        (7) acceptance of wastes without necessary permits;
18        (8) scavenging as defined by Board regulations;
19        (9) deposition of refuse in any unpermitted portion of
20    the landfill;
21        (10) acceptance of a special waste without a required
22    manifest;
23        (11) failure to submit reports required by permits or
24    Board regulations;
25        (12) failure to collect and contain litter from the
26    site by the end of each operating day;

 

 

10200SB1656sam001- 24 -LRB102 17019 SPS 23499 a

1        (13) failure to submit any cost estimate for the site
2    or any performance bond or other security for the site as
3    required by this Act or Board rules.
4    The prohibitions specified in this subsection (o) shall be
5enforceable by the Agency either by administrative citation
6under Section 31.1 of this Act or as otherwise provided by this
7Act. The specific prohibitions in this subsection do not limit
8the power of the Board to establish regulations or standards
9applicable to sanitary landfills.
10    (p) In violation of subdivision (a) of this Section, cause
11or allow the open dumping of any waste in a manner which
12results in any of the following occurrences at the dump site:
13        (1) litter;
14        (2) scavenging;
15        (3) open burning;
16        (4) deposition of waste in standing or flowing waters;
17        (5) proliferation of disease vectors;
18        (6) standing or flowing liquid discharge from the dump
19    site;
20        (7) deposition of:
21            (i) general construction or demolition debris as
22        defined in Section 3.160(a) of this Act; or
23            (ii) clean construction or demolition debris as
24        defined in Section 3.160(b) of this Act.
25    The prohibitions specified in this subsection (p) shall be
26enforceable by the Agency either by administrative citation

 

 

10200SB1656sam001- 25 -LRB102 17019 SPS 23499 a

1under Section 31.1 of this Act or as otherwise provided by this
2Act. The specific prohibitions in this subsection do not limit
3the power of the Board to establish regulations or standards
4applicable to open dumping.
5    (q) Conduct a landscape waste composting operation without
6an Agency permit, provided, however, that no permit shall be
7required for any person:
8        (1) conducting a landscape waste composting operation
9    for landscape wastes generated by such person's own
10    activities which are stored, treated, or disposed of
11    within the site where such wastes are generated; or
12        (1.5) conducting a landscape waste composting
13    operation that (i) has no more than 25 cubic yards of
14    landscape waste, composting additives, composting
15    material, or end-product compost on-site at any one time
16    and (ii) is not engaging in commercial activity; or
17        (2) applying landscape waste or composted landscape
18    waste at agronomic rates; or
19        (2.5) operating a landscape waste composting facility
20    at a site having 10 or more occupied non-farm residences
21    within 1/2 mile of its boundaries, if the facility meets
22    all of the following criteria:
23            (A) the composting facility is operated by the
24        farmer on property on which the composting material is
25        utilized, and the composting facility constitutes no
26        more than 2% of the site's total acreage;

 

 

10200SB1656sam001- 26 -LRB102 17019 SPS 23499 a

1            (A-5) any composting additives that the composting
2        facility accepts and uses at the facility are
3        necessary to provide proper conditions for composting
4        and do not exceed 10% of the total composting material
5        at the facility at any one time;
6            (B) the property on which the composting facility
7        is located, and any associated property on which the
8        compost is used, is principally and diligently devoted
9        to the production of agricultural crops and is not
10        owned, leased, or otherwise controlled by any waste
11        hauler or generator of nonagricultural compost
12        materials, and the operator of the composting facility
13        is not an employee, partner, shareholder, or in any
14        way connected with or controlled by any such waste
15        hauler or generator;
16            (C) all compost generated by the composting
17        facility is applied at agronomic rates and used as
18        mulch, fertilizer, or soil conditioner on land
19        actually farmed by the person operating the composting
20        facility, and the finished compost is not stored at
21        the composting site for a period longer than 18 months
22        prior to its application as mulch, fertilizer, or soil
23        conditioner;
24            (D) no fee is charged for the acceptance of
25        materials to be composted at the facility; and
26            (E) the owner or operator, by January 1, 2014 (or

 

 

10200SB1656sam001- 27 -LRB102 17019 SPS 23499 a

1        the January 1 following commencement of operation,
2        whichever is later) and January 1 of each year
3        thereafter, registers the site with the Agency, (ii)
4        reports to the Agency on the volume of composting
5        material received and used at the site; (iii)
6        certifies to the Agency that the site complies with
7        the requirements set forth in subparagraphs (A),
8        (A-5), (B), (C), and (D) of this paragraph (2.5); and
9        (iv) certifies to the Agency that all composting
10        material was placed more than 200 feet from the
11        nearest potable water supply well, was placed outside
12        the boundary of the 10-year floodplain or on a part of
13        the site that is floodproofed, was placed at least 1/4
14        mile from the nearest residence (other than a
15        residence located on the same property as the
16        facility) or a lesser distance from the nearest
17        residence (other than a residence located on the same
18        property as the facility) if the municipality in which
19        the facility is located has by ordinance approved a
20        lesser distance than 1/4 mile, and was placed more
21        than 5 feet above the water table; any ordinance
22        approving a residential setback of less than 1/4 mile
23        that is used to meet the requirements of this
24        subparagraph (E) of paragraph (2.5) of this subsection
25        must specifically reference this paragraph; or
26        (3) operating a landscape waste composting facility on

 

 

10200SB1656sam001- 28 -LRB102 17019 SPS 23499 a

1    a farm, if the facility meets all of the following
2    criteria:
3            (A) the composting facility is operated by the
4        farmer on property on which the composting material is
5        utilized, and the composting facility constitutes no
6        more than 2% of the property's total acreage, except
7        that the Board may allow a higher percentage for
8        individual sites where the owner or operator has
9        demonstrated to the Board that the site's soil
10        characteristics or crop needs require a higher rate;
11            (A-1) the composting facility accepts from other
12        agricultural operations for composting with landscape
13        waste no materials other than uncontaminated and
14        source-separated (i) crop residue and other
15        agricultural plant residue generated from the
16        production and harvesting of crops and other customary
17        farm practices, including, but not limited to, stalks,
18        leaves, seed pods, husks, bagasse, and roots and (ii)
19        plant-derived animal bedding, such as straw or
20        sawdust, that is free of manure and was not made from
21        painted or treated wood;
22            (A-2) any composting additives that the composting
23        facility accepts and uses at the facility are
24        necessary to provide proper conditions for composting
25        and do not exceed 10% of the total composting material
26        at the facility at any one time;

 

 

10200SB1656sam001- 29 -LRB102 17019 SPS 23499 a

1            (B) the property on which the composting facility
2        is located, and any associated property on which the
3        compost is used, is principally and diligently devoted
4        to the production of agricultural crops and is not
5        owned, leased or otherwise controlled by any waste
6        hauler or generator of nonagricultural compost
7        materials, and the operator of the composting facility
8        is not an employee, partner, shareholder, or in any
9        way connected with or controlled by any such waste
10        hauler or generator;
11            (C) all compost generated by the composting
12        facility is applied at agronomic rates and used as
13        mulch, fertilizer or soil conditioner on land actually
14        farmed by the person operating the composting
15        facility, and the finished compost is not stored at
16        the composting site for a period longer than 18 months
17        prior to its application as mulch, fertilizer, or soil
18        conditioner;
19            (D) the owner or operator, by January 1 of each
20        year, (i) 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-1), (A-2), (B), and (C) of this paragraph (q)(3),
26        and (iv) certifies to the Agency that all composting

 

 

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1        material:
2                (I) was placed more than 200 feet from the
3            nearest potable water supply well;
4                (II) was placed outside the boundary of the
5            10-year floodplain or on a part of the site that is
6            floodproofed;
7                (III) was placed either (aa) at least 1/4 mile
8            from the nearest residence (other than a residence
9            located on the same property as the facility) and
10            there are not more than 10 occupied non-farm
11            residences within 1/2 mile of the boundaries of
12            the site on the date of application or (bb) a
13            lesser distance from the nearest residence (other
14            than a residence located on the same property as
15            the facility) provided that the municipality or
16            county in which the facility is located has by
17            ordinance approved a lesser distance than 1/4 mile
18            and there are not more than 10 occupied non-farm
19            residences within 1/2 mile of the boundaries of
20            the site on the date of application; and
21                (IV) was placed more than 5 feet above the
22            water table.
23            Any ordinance approving a residential setback of
24        less than 1/4 mile that is used to meet the
25        requirements of this subparagraph (D) must
26        specifically reference this subparagraph.

 

 

10200SB1656sam001- 31 -LRB102 17019 SPS 23499 a

1    For the purposes of this subsection (q), "agronomic rates"
2means the application of not more than 20 tons per acre per
3year, except that the Board may allow a higher rate for
4individual sites where the owner or operator has demonstrated
5to the Board that the site's soil characteristics or crop
6needs require a higher rate.
7    (r) Cause or allow the storage or disposal of coal
8combustion waste unless:
9        (1) such waste is stored or disposed of at a site or
10    facility for which a permit has been obtained or is not
11    otherwise required under subsection (d) of this Section;
12    or
13        (2) such waste is stored or disposed of as a part of
14    the design and reclamation of a site or facility which is
15    an abandoned mine site in accordance with the Abandoned
16    Mined Lands and Water Reclamation Act; or
17        (3) such waste is stored or disposed of at a site or
18    facility which is operating under NPDES and Subtitle D
19    permits issued by the Agency pursuant to regulations
20    adopted by the Board for mine-related water pollution and
21    permits issued pursuant to the federal Federal Surface
22    Mining Control and Reclamation Act of 1977 (P.L. 95-87) or
23    the rules and regulations thereunder or any law or rule or
24    regulation adopted by the State of Illinois pursuant
25    thereto, and the owner or operator of the facility agrees
26    to accept the waste; and either:

 

 

10200SB1656sam001- 32 -LRB102 17019 SPS 23499 a

1            (i) such waste is stored or disposed of in
2        accordance with requirements applicable to refuse
3        disposal under regulations adopted by the Board for
4        mine-related water pollution and pursuant to NPDES and
5        Subtitle D permits issued by the Agency under such
6        regulations; or
7            (ii) the owner or operator of the facility
8        demonstrates all of the following to the Agency, and
9        the facility is operated in accordance with the
10        demonstration as approved by the Agency: (1) the
11        disposal area will be covered in a manner that will
12        support continuous vegetation, (2) the facility will
13        be adequately protected from wind and water erosion,
14        (3) the pH will be maintained so as to prevent
15        excessive leaching of metal ions, and (4) adequate
16        containment or other measures will be provided to
17        protect surface water and groundwater from
18        contamination at levels prohibited by this Act, the
19        Illinois Groundwater Protection Act, or regulations
20        adopted pursuant thereto.
21    Notwithstanding any other provision of this Title, the
22disposal of coal combustion waste pursuant to item (2) or (3)
23of this subdivision (r) shall be exempt from the other
24provisions of this Title V, and notwithstanding the provisions
25of Title X of this Act, the Agency is authorized to grant
26experimental permits which include provision for the disposal

 

 

10200SB1656sam001- 33 -LRB102 17019 SPS 23499 a

1of wastes from the combustion of coal and other materials
2pursuant to items (2) and (3) of this subdivision (r).
3    (s) After April 1, 1989, offer for transportation,
4transport, deliver, receive or accept special waste for which
5a manifest is required, unless the manifest indicates that the
6fee required under Section 22.8 of this Act has been paid.
7    (t) Cause or allow a lateral expansion of a municipal
8solid waste landfill unit on or after October 9, 1993, without
9a permit modification, granted by the Agency, that authorizes
10the lateral expansion.
11    (u) Conduct any vegetable by-product treatment, storage,
12disposal or transportation operation in violation of any
13regulation, standards or permit requirements adopted by the
14Board under this Act. However, no permit shall be required
15under this Title V for the land application of vegetable
16by-products conducted pursuant to Agency permit issued under
17Title III of this Act to the generator of the vegetable
18by-products. In addition, vegetable by-products may be
19transported in this State without a special waste hauling
20permit, and without the preparation and carrying of a
21manifest.
22    (v) (Blank).
23    (w) Conduct any generation, transportation, or recycling
24of construction or demolition debris, clean or general, or
25uncontaminated soil generated during construction, remodeling,
26repair, and demolition of utilities, structures, and roads

 

 

10200SB1656sam001- 34 -LRB102 17019 SPS 23499 a

1that is not commingled with any waste, without the maintenance
2of documentation identifying the hauler, generator, place of
3origin of the debris or soil, the weight or volume of the
4debris or soil, and the location, owner, and operator of the
5facility where the debris or soil was transferred, disposed,
6recycled, or treated. This documentation must be maintained by
7the generator, transporter, or recycler for 3 years. This
8subsection (w) shall not apply to (1) a permitted pollution
9control facility that transfers or accepts construction or
10demolition debris, clean or general, or uncontaminated soil
11for final disposal, recycling, or treatment, (2) a public
12utility (as that term is defined in the Public Utilities Act)
13or a municipal utility, (3) the Illinois Department of
14Transportation, or (4) a municipality or a county highway
15department, with the exception of any municipality or county
16highway department located within a county having a population
17of over 3,000,000 inhabitants or located in a county that is
18contiguous to a county having a population of over 3,000,000
19inhabitants; but it shall apply to an entity that contracts
20with a public utility, a municipal utility, the Illinois
21Department of Transportation, or a municipality or a county
22highway department. The terms "generation" and "recycling", as
23used in this subsection, do not apply to clean construction or
24demolition debris when (i) used as fill material below grade
25outside of a setback zone if covered by sufficient
26uncontaminated soil to support vegetation within 30 days of

 

 

10200SB1656sam001- 35 -LRB102 17019 SPS 23499 a

1the completion of filling or if covered by a road or structure,
2(ii) solely broken concrete without protruding metal bars is
3used for erosion control, or (iii) milled asphalt or crushed
4concrete is used as aggregate in construction of the shoulder
5of a roadway. The terms "generation" and "recycling", as used
6in this subsection, do not apply to uncontaminated soil that
7is not commingled with any waste when (i) used as fill material
8below grade or contoured to grade, or (ii) used at the site of
9generation.
10(Source: P.A. 100-103, eff. 8-11-17; 101-171, eff. 7-30-19;
11revised 9-12-19.)
 
12    (415 ILCS 5/39)  (from Ch. 111 1/2, par. 1039)
13    Sec. 39. Issuance of permits; procedures.
14    (a) When the Board has by regulation required a permit for
15the construction, installation, or operation of any type of
16facility, equipment, vehicle, vessel, or aircraft, the
17applicant shall apply to the Agency for such permit and it
18shall be the duty of the Agency to issue such a permit upon
19proof by the applicant that the facility, equipment, vehicle,
20vessel, or aircraft will not cause a violation of this Act or
21of regulations hereunder. The Agency shall adopt such
22procedures as are necessary to carry out its duties under this
23Section. In making its determinations on permit applications
24under this Section the Agency may consider prior adjudications
25of noncompliance with this Act by the applicant that involved

 

 

10200SB1656sam001- 36 -LRB102 17019 SPS 23499 a

1a release of a contaminant into the environment. In granting
2permits, the Agency may impose reasonable conditions
3specifically related to the applicant's past compliance
4history with this Act as necessary to correct, detect, or
5prevent noncompliance. The Agency may impose such other
6conditions as may be necessary to accomplish the purposes of
7this Act, and as are not inconsistent with the regulations
8promulgated by the Board hereunder. Except as otherwise
9provided in this Act, a bond or other security shall not be
10required as a condition for the issuance of a permit. If the
11Agency denies any permit under this Section, the Agency shall
12transmit to the applicant within the time limitations of this
13Section specific, detailed statements as to the reasons the
14permit application was denied. Such statements shall include,
15but not be limited to the following:
16        (i) the Sections of this Act which may be violated if
17    the permit were granted;
18        (ii) the provision of the regulations, promulgated
19    under this Act, which may be violated if the permit were
20    granted;
21        (iii) the specific type of information, if any, which
22    the Agency deems the applicant did not provide the Agency;
23    and
24        (iv) a statement of specific reasons why the Act and
25    the regulations might not be met if the permit were
26    granted.

 

 

10200SB1656sam001- 37 -LRB102 17019 SPS 23499 a

1    If there is no final action by the Agency within 90 days
2after the filing of the application for permit, the applicant
3may deem the permit issued; except that this time period shall
4be extended to 180 days when (1) notice and opportunity for
5public hearing are required by State or federal law or
6regulation, (2) the application which was filed is for any
7permit to develop a landfill subject to issuance pursuant to
8this subsection, or (3) the application that was filed is for a
9MSWLF unit required to issue public notice under subsection
10(p) of Section 39. The 90-day and 180-day time periods for the
11Agency to take final action do not apply to NPDES permit
12applications under subsection (b) of this Section, to RCRA
13permit applications under subsection (d) of this Section, to
14UIC permit applications under subsection (e) of this Section,
15or to CCR surface impoundment applications under subsection
16(y) of this Section.
17    The Agency shall publish notice of all final permit
18determinations for development permits for MSWLF units and for
19significant permit modifications for lateral expansions for
20existing MSWLF units one time in a newspaper of general
21circulation in the county in which the unit is or is proposed
22to be located.
23    After January 1, 1994 and until July 1, 1998, operating
24permits issued under this Section by the Agency for sources of
25air pollution permitted to emit less than 25 tons per year of
26any combination of regulated air pollutants, as defined in

 

 

10200SB1656sam001- 38 -LRB102 17019 SPS 23499 a

1Section 39.5 of this Act, shall be required to be renewed only
2upon written request by the Agency consistent with applicable
3provisions of this Act and regulations promulgated hereunder.
4Such operating permits shall expire 180 days after the date of
5such a request. The Board shall revise its regulations for the
6existing State air pollution operating permit program
7consistent with this provision by January 1, 1994.
8    After June 30, 1998, operating permits issued under this
9Section by the Agency for sources of air pollution that are not
10subject to Section 39.5 of this Act and are not required to
11have a federally enforceable State operating permit shall be
12required to be renewed only upon written request by the Agency
13consistent with applicable provisions of this Act and its
14rules. Such operating permits shall expire 180 days after the
15date of such a request. Before July 1, 1998, the Board shall
16revise its rules for the existing State air pollution
17operating permit program consistent with this paragraph and
18shall adopt rules that require a source to demonstrate that it
19qualifies for a permit under this paragraph.
20    (b) The Agency may issue NPDES permits exclusively under
21this subsection for the discharge of contaminants from point
22sources into navigable waters, all as defined in the Federal
23Water Pollution Control Act, as now or hereafter amended,
24within the jurisdiction of the State, or into any well.
25    All NPDES permits shall contain those terms and
26conditions, including, but not limited to, schedules of

 

 

10200SB1656sam001- 39 -LRB102 17019 SPS 23499 a

1compliance, which may be required to accomplish the purposes
2and provisions of this Act.
3    The Agency may issue general NPDES permits for discharges
4from categories of point sources which are subject to the same
5permit limitations and conditions. Such general permits may be
6issued without individual applications and shall conform to
7regulations promulgated under Section 402 of the Federal Water
8Pollution Control Act, as now or hereafter amended.
9    The Agency may include, among such conditions, effluent
10limitations and other requirements established under this Act,
11Board regulations, the Federal Water Pollution Control Act, as
12now or hereafter amended, and regulations pursuant thereto,
13and schedules for achieving compliance therewith at the
14earliest reasonable date.
15    The Agency shall adopt filing requirements and procedures
16which are necessary and appropriate for the issuance of NPDES
17permits, and which are consistent with the Act or regulations
18adopted by the Board, and with the Federal Water Pollution
19Control Act, as now or hereafter amended, and regulations
20pursuant thereto.
21    The Agency, subject to any conditions which may be
22prescribed by Board regulations, may issue NPDES permits to
23allow discharges beyond deadlines established by this Act or
24by regulations of the Board without the requirement of a
25variance, subject to the Federal Water Pollution Control Act,
26as now or hereafter amended, and regulations pursuant thereto.

 

 

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1    (c) Except for those facilities owned or operated by
2sanitary districts organized under the Metropolitan Water
3Reclamation District Act, no permit for the development or
4construction of a new pollution control facility may be
5granted by the Agency unless the applicant submits proof to
6the Agency that the location of the facility has been approved
7by the county board County Board of the county if in an
8unincorporated area, or the governing body of the municipality
9when in an incorporated area, in which the facility is to be
10located in accordance with Section 39.2 of this Act. For
11purposes of this subsection (c), and for purposes of Section
1239.2 of this Act, the appropriate county board or governing
13body of the municipality shall be the county board of the
14county or the governing body of the municipality in which the
15facility is to be located as of the date when the application
16for siting approval is filed.
17    In the event that siting approval granted pursuant to
18Section 39.2 has been transferred to a subsequent owner or
19operator, that subsequent owner or operator may apply to the
20Agency for, and the Agency may grant, a development or
21construction permit for the facility for which local siting
22approval was granted. Upon application to the Agency for a
23development or construction permit by that subsequent owner or
24operator, the permit applicant shall cause written notice of
25the permit application to be served upon the appropriate
26county board or governing body of the municipality that

 

 

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1granted siting approval for that facility and upon any party
2to the siting proceeding pursuant to which siting approval was
3granted. In that event, the Agency shall conduct an evaluation
4of the subsequent owner or operator's prior experience in
5waste management operations in the manner conducted under
6subsection (i) of Section 39 of this Act.
7    Beginning August 20, 1993, if the pollution control
8facility consists of a hazardous or solid waste disposal
9facility for which the proposed site is located in an
10unincorporated area of a county with a population of less than
11100,000 and includes all or a portion of a parcel of land that
12was, on April 1, 1993, adjacent to a municipality having a
13population of less than 5,000, then the local siting review
14required under this subsection (c) in conjunction with any
15permit applied for after that date shall be performed by the
16governing body of that adjacent municipality rather than the
17county board of the county in which the proposed site is
18located; and for the purposes of that local siting review, any
19references in this Act to the county board shall be deemed to
20mean the governing body of that adjacent municipality;
21provided, however, that the provisions of this paragraph shall
22not apply to any proposed site which was, on April 1, 1993,
23owned in whole or in part by another municipality.
24    In the case of a pollution control facility for which a
25development permit was issued before November 12, 1981, if an
26operating permit has not been issued by the Agency prior to

 

 

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1August 31, 1989 for any portion of the facility, then the
2Agency may not issue or renew any development permit nor issue
3an original operating permit for any portion of such facility
4unless the applicant has submitted proof to the Agency that
5the location of the facility has been approved by the
6appropriate county board or municipal governing body pursuant
7to Section 39.2 of this Act.
8    After January 1, 1994, if a solid waste disposal facility,
9any portion for which an operating permit has been issued by
10the Agency, has not accepted waste disposal for 5 or more
11consecutive calendar calendars years, before that facility may
12accept any new or additional waste for disposal, the owner and
13operator must obtain a new operating permit under this Act for
14that facility unless the owner and operator have applied to
15the Agency for a permit authorizing the temporary suspension
16of waste acceptance. The Agency may not issue a new operation
17permit under this Act for the facility unless the applicant
18has submitted proof to the Agency that the location of the
19facility has been approved or re-approved by the appropriate
20county board or municipal governing body under Section 39.2 of
21this Act after the facility ceased accepting waste.
22    Except for those facilities owned or operated by sanitary
23districts organized under the Metropolitan Water Reclamation
24District Act, and except for new pollution control facilities
25governed by Section 39.2, and except for fossil fuel mining
26facilities, the granting of a permit under this Act shall not

 

 

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1relieve the applicant from meeting and securing all necessary
2zoning approvals from the unit of government having zoning
3jurisdiction over the proposed facility.
4    Before beginning construction on any new sewage treatment
5plant or sludge drying site to be owned or operated by a
6sanitary district organized under the Metropolitan Water
7Reclamation District Act for which a new permit (rather than
8the renewal or amendment of an existing permit) is required,
9such sanitary district shall hold a public hearing within the
10municipality within which the proposed facility is to be
11located, or within the nearest community if the proposed
12facility is to be located within an unincorporated area, at
13which information concerning the proposed facility shall be
14made available to the public, and members of the public shall
15be given the opportunity to express their views concerning the
16proposed facility.
17    The Agency may issue a permit for a municipal waste
18transfer station without requiring approval pursuant to
19Section 39.2 provided that the following demonstration is
20made:
21        (1) the municipal waste transfer station was in
22    existence on or before January 1, 1979 and was in
23    continuous operation from January 1, 1979 to January 1,
24    1993;
25        (2) the operator submitted a permit application to the
26    Agency to develop and operate the municipal waste transfer

 

 

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1    station during April of 1994;
2        (3) the operator can demonstrate that the county board
3    of the county, if the municipal waste transfer station is
4    in an unincorporated area, or the governing body of the
5    municipality, if the station is in an incorporated area,
6    does not object to resumption of the operation of the
7    station; and
8        (4) the site has local zoning approval.
9    (d) The Agency may issue RCRA permits exclusively under
10this subsection to persons owning or operating a facility for
11the treatment, storage, or disposal of hazardous waste as
12defined under this Act. Subsection (y) of this Section, rather
13than this subsection (d), shall apply to permits issued for
14CCR surface impoundments.
15    All RCRA permits shall contain those terms and conditions,
16including, but not limited to, schedules of compliance, which
17may be required to accomplish the purposes and provisions of
18this Act. The Agency may include among such conditions
19standards and other requirements established under this Act,
20Board regulations, the Resource Conservation and Recovery Act
21of 1976 (P.L. 94-580), as amended, and regulations pursuant
22thereto, and may include schedules for achieving compliance
23therewith as soon as possible. The Agency shall require that a
24performance bond or other security be provided as a condition
25for the issuance of a RCRA permit.
26    In the case of a permit to operate a hazardous waste or PCB

 

 

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1incinerator as defined in subsection (k) of Section 44, the
2Agency shall require, as a condition of the permit, that the
3operator of the facility perform such analyses of the waste to
4be incinerated as may be necessary and appropriate to ensure
5the safe operation of the incinerator.
6    The Agency shall adopt filing requirements and procedures
7which are necessary and appropriate for the issuance of RCRA
8permits, and which are consistent with the Act or regulations
9adopted by the Board, and with the Resource Conservation and
10Recovery Act of 1976 (P.L. 94-580), as amended, and
11regulations pursuant thereto.
12    The applicant shall make available to the public for
13inspection all documents submitted by the applicant to the
14Agency in furtherance of an application, with the exception of
15trade secrets, at the office of the county board or governing
16body of the municipality. Such documents may be copied upon
17payment of the actual cost of reproduction during regular
18business hours of the local office. The Agency shall issue a
19written statement concurrent with its grant or denial of the
20permit explaining the basis for its decision.
21    (e) The Agency may issue UIC permits exclusively under
22this subsection to persons owning or operating a facility for
23the underground injection of contaminants as defined under
24this Act.
25    All UIC permits shall contain those terms and conditions,
26including, but not limited to, schedules of compliance, which

 

 

10200SB1656sam001- 46 -LRB102 17019 SPS 23499 a

1may be required to accomplish the purposes and provisions of
2this Act. The Agency may include among such conditions
3standards and other requirements established under this Act,
4Board regulations, the Safe Drinking Water Act (P.L. 93-523),
5as amended, and regulations pursuant thereto, and may include
6schedules for achieving compliance therewith. The Agency shall
7require that a performance bond or other security be provided
8as a condition for the issuance of a UIC permit.
9    The Agency shall adopt filing requirements and procedures
10which are necessary and appropriate for the issuance of UIC
11permits, and which are consistent with the Act or regulations
12adopted by the Board, and with the Safe Drinking Water Act
13(P.L. 93-523), as amended, and regulations pursuant thereto.
14    The applicant shall make available to the public for
15inspection, all documents submitted by the applicant to the
16Agency in furtherance of an application, with the exception of
17trade secrets, at the office of the county board or governing
18body of the municipality. Such documents may be copied upon
19payment of the actual cost of reproduction during regular
20business hours of the local office. The Agency shall issue a
21written statement concurrent with its grant or denial of the
22permit explaining the basis for its decision.
23    (f) In making any determination pursuant to Section 9.1 of
24this Act:
25        (1) The Agency shall have authority to make the
26    determination of any question required to be determined by

 

 

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1    the Clean Air Act, as now or hereafter amended, this Act,
2    or the regulations of the Board, including the
3    determination of the Lowest Achievable Emission Rate,
4    Maximum Achievable Control Technology, or Best Available
5    Control Technology, consistent with the Board's
6    regulations, if any.
7        (2) The Agency shall adopt requirements as necessary
8    to implement public participation procedures, including,
9    but not limited to, public notice, comment, and an
10    opportunity for hearing, which must accompany the
11    processing of applications for PSD permits. The Agency
12    shall briefly describe and respond to all significant
13    comments on the draft permit raised during the public
14    comment period or during any hearing. The Agency may group
15    related comments together and provide one unified response
16    for each issue raised.
17        (3) Any complete permit application submitted to the
18    Agency under this subsection for a PSD permit shall be
19    granted or denied by the Agency not later than one year
20    after the filing of such completed application.
21        (4) The Agency shall, after conferring with the
22    applicant, give written notice to the applicant of its
23    proposed decision on the application, including the terms
24    and conditions of the permit to be issued and the facts,
25    conduct, or other basis upon which the Agency will rely to
26    support its proposed action.

 

 

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1    (g) The Agency shall include as conditions upon all
2permits issued for hazardous waste disposal sites such
3restrictions upon the future use of such sites as are
4reasonably necessary to protect public health and the
5environment, including permanent prohibition of the use of
6such sites for purposes which may create an unreasonable risk
7of injury to human health or to the environment. After
8administrative and judicial challenges to such restrictions
9have been exhausted, the Agency shall file such restrictions
10of record in the Office of the Recorder of the county in which
11the hazardous waste disposal site is located.
12    (h) A hazardous waste stream may not be deposited in a
13permitted hazardous waste site unless specific authorization
14is obtained from the Agency by the generator and disposal site
15owner and operator for the deposit of that specific hazardous
16waste stream. The Agency may grant specific authorization for
17disposal of hazardous waste streams only after the generator
18has reasonably demonstrated that, considering technological
19feasibility and economic reasonableness, the hazardous waste
20cannot be reasonably recycled for reuse, nor incinerated or
21chemically, physically or biologically treated so as to
22neutralize the hazardous waste and render it nonhazardous. In
23granting authorization under this Section, the Agency may
24impose such conditions as may be necessary to accomplish the
25purposes of the Act and are consistent with this Act and
26regulations promulgated by the Board hereunder. If the Agency

 

 

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1refuses to grant authorization under this Section, the
2applicant may appeal as if the Agency refused to grant a
3permit, pursuant to the provisions of subsection (a) of
4Section 40 of this Act. For purposes of this subsection (h),
5the term "generator" has the meaning given in Section 3.205 of
6this Act, unless: (1) the hazardous waste is treated,
7incinerated, or partially recycled for reuse prior to
8disposal, in which case the last person who treats,
9incinerates, or partially recycles the hazardous waste prior
10to disposal is the generator; or (2) the hazardous waste is
11from a response action, in which case the person performing
12the response action is the generator. This subsection (h) does
13not apply to any hazardous waste that is restricted from land
14disposal under 35 Ill. Adm. Code 728.
15    (i) Before issuing any RCRA permit, any permit for a waste
16storage site, sanitary landfill, waste disposal site, waste
17transfer station, waste treatment facility, waste incinerator,
18or any waste-transportation operation, any permit or interim
19authorization for a clean construction or demolition debris
20fill operation, or any permit required under subsection (d-5)
21of Section 55, the Agency shall conduct an evaluation of the
22prospective owner's or operator's prior experience in waste
23management operations, clean construction or demolition debris
24fill operations, and tire storage site management. The Agency
25may deny such a permit, or deny or revoke interim
26authorization, if the prospective owner or operator or any

 

 

10200SB1656sam001- 50 -LRB102 17019 SPS 23499 a

1employee or officer of the prospective owner or operator has a
2history of:
3        (1) repeated violations of federal, State, or local
4    laws, regulations, standards, or ordinances in the
5    operation of waste management facilities or sites, clean
6    construction or demolition debris fill operation
7    facilities or sites, or tire storage sites; or
8        (2) conviction in this or another State of any crime
9    which is a felony under the laws of this State, or
10    conviction of a felony in a federal court; or conviction
11    in this or another state or federal court of any of the
12    following crimes: forgery, official misconduct, bribery,
13    perjury, or knowingly submitting false information under
14    any environmental law, regulation, or permit term or
15    condition; or
16        (3) proof of gross carelessness or incompetence in
17    handling, storing, processing, transporting or disposing
18    of waste, clean construction or demolition debris, or used
19    or waste tires, or proof of gross carelessness or
20    incompetence in using clean construction or demolition
21    debris as fill.
22    (i-5) Before issuing any permit or approving any interim
23authorization for a clean construction or demolition debris
24fill operation in which any ownership interest is transferred
25between January 1, 2005, and the effective date of the
26prohibition set forth in Section 22.52 of this Act, the Agency

 

 

10200SB1656sam001- 51 -LRB102 17019 SPS 23499 a

1shall conduct an evaluation of the operation if any previous
2activities at the site or facility may have caused or allowed
3contamination of the site. It shall be the responsibility of
4the owner or operator seeking the permit or interim
5authorization to provide to the Agency all of the information
6necessary for the Agency to conduct its evaluation. The Agency
7may deny a permit or interim authorization if previous
8activities at the site may have caused or allowed
9contamination at the site, unless such contamination is
10authorized under any permit issued by the Agency.
11    (j) The issuance under this Act of a permit to engage in
12the surface mining of any resources other than fossil fuels
13shall not relieve the permittee from its duty to comply with
14any applicable local law regulating the commencement, location
15or operation of surface mining facilities.
16    (k) A development permit issued under subsection (a) of
17Section 39 for any facility or site which is required to have a
18permit under subsection (d) of Section 21 shall expire at the
19end of 2 calendar years from the date upon which it was issued,
20unless within that period the applicant has taken action to
21develop the facility or the site. In the event that review of
22the conditions of the development permit is sought pursuant to
23Section 40 or 41, or permittee is prevented from commencing
24development of the facility or site by any other litigation
25beyond the permittee's control, such two-year period shall be
26deemed to begin on the date upon which such review process or

 

 

10200SB1656sam001- 52 -LRB102 17019 SPS 23499 a

1litigation is concluded.
2    (l) No permit shall be issued by the Agency under this Act
3for construction or operation of any facility or site located
4within the boundaries of any setback zone established pursuant
5to this Act, where such construction or operation is
6prohibited.
7    (m) The Agency may issue permits to persons owning or
8operating a facility for composting landscape waste. In
9granting such permits, the Agency may impose such conditions
10as may be necessary to accomplish the purposes of this Act, and
11as are not inconsistent with applicable regulations
12promulgated by the Board. Except as otherwise provided in this
13Act, a bond or other security shall not be required as a
14condition for the issuance of a permit. If the Agency denies
15any permit pursuant to this subsection, the Agency shall
16transmit to the applicant within the time limitations of this
17subsection specific, detailed statements as to the reasons the
18permit application was denied. Such statements shall include
19but not be limited to the following:
20        (1) the Sections of this Act that may be violated if
21    the permit were granted;
22        (2) the specific regulations promulgated pursuant to
23    this Act that may be violated if the permit were granted;
24        (3) the specific information, if any, the Agency deems
25    the applicant did not provide in its application to the
26    Agency; and

 

 

10200SB1656sam001- 53 -LRB102 17019 SPS 23499 a

1        (4) a statement of specific reasons why the Act and
2    the regulations might be violated if the permit were
3    granted.
4    If no final action is taken by the Agency within 90 days
5after the filing of the application for permit, the applicant
6may deem the permit issued. Any applicant for a permit may
7waive the 90-day limitation by filing a written statement with
8the Agency.
9    The Agency shall issue permits for such facilities upon
10receipt of an application that includes a legal description of
11the site, a topographic map of the site drawn to the scale of
12200 feet to the inch or larger, a description of the operation,
13including the area served, an estimate of the volume of
14materials to be processed, and documentation that:
15        (1) the facility includes a setback of at least 200
16    feet from the nearest potable water supply well;
17        (2) the facility is located outside the boundary of
18    the 10-year floodplain or the site will be floodproofed;
19        (3) the facility is located so as to minimize
20    incompatibility with the character of the surrounding
21    area, including at least a 200 foot setback from any
22    residence, and in the case of a facility that is developed
23    or the permitted composting area of which is expanded
24    after November 17, 1991, the composting area is located at
25    least 1/8 mile from the nearest residence (other than a
26    residence located on the same property as the facility);

 

 

10200SB1656sam001- 54 -LRB102 17019 SPS 23499 a

1        (4) the design of the facility will prevent any
2    compost material from being placed within 5 feet of the
3    water table, will adequately control runoff from the site,
4    and will collect and manage any leachate that is generated
5    on the site;
6        (5) the operation of the facility will include
7    appropriate dust and odor control measures, limitations on
8    operating hours, appropriate noise control measures for
9    shredding, chipping and similar equipment, management
10    procedures for composting, containment and disposal of
11    non-compostable wastes, procedures to be used for
12    terminating operations at the site, and recordkeeping
13    sufficient to document the amount of materials received,
14    composted and otherwise disposed of; and
15        (6) the operation will be conducted in accordance with
16    any applicable rules adopted by the Board.
17    The Agency shall issue renewable permits of not longer
18than 10 years in duration for the composting of landscape
19wastes, as defined in Section 3.155 of this Act, based on the
20above requirements.
21    The operator of any facility permitted under this
22subsection (m) must submit a written annual statement to the
23Agency on or before April 1 of each year that includes an
24estimate of the amount of material, in tons, received for
25composting.
26    (n) The Agency shall issue permits jointly with the

 

 

10200SB1656sam001- 55 -LRB102 17019 SPS 23499 a

1Department of Transportation for the dredging or deposit of
2material in Lake Michigan in accordance with Section 18 of the
3Rivers, Lakes, and Streams Act.
4    (o) (Blank.)
5    (p) (1) Any person submitting an application for a permit
6for a new MSWLF unit or for a lateral expansion under
7subsection (t) of Section 21 of this Act for an existing MSWLF
8unit that has not received and is not subject to local siting
9approval under Section 39.2 of this Act shall publish notice
10of the application in a newspaper of general circulation in
11the county in which the MSWLF unit is or is proposed to be
12located. The notice must be published at least 15 days before
13submission of the permit application to the Agency. The notice
14shall state the name and address of the applicant, the
15location of the MSWLF unit or proposed MSWLF unit, the nature
16and size of the MSWLF unit or proposed MSWLF unit, the nature
17of the activity proposed, the probable life of the proposed
18activity, the date the permit application will be submitted,
19and a statement that persons may file written comments with
20the Agency concerning the permit application within 30 days
21after the filing of the permit application unless the time
22period to submit comments is extended by the Agency.
23    When a permit applicant submits information to the Agency
24to supplement a permit application being reviewed by the
25Agency, the applicant shall not be required to reissue the
26notice under this subsection.

 

 

10200SB1656sam001- 56 -LRB102 17019 SPS 23499 a

1    (2) The Agency shall accept written comments concerning
2the permit application that are postmarked no later than 30
3days after the filing of the permit application, unless the
4time period to accept comments is extended by the Agency.
5    (3) Each applicant for a permit described in part (1) of
6this subsection shall file a copy of the permit application
7with the county board or governing body of the municipality in
8which the MSWLF unit is or is proposed to be located at the
9same time the application is submitted to the Agency. The
10permit application filed with the county board or governing
11body of the municipality shall include all documents submitted
12to or to be submitted to the Agency, except trade secrets as
13determined under Section 7.1 of this Act. The permit
14application and other documents on file with the county board
15or governing body of the municipality shall be made available
16for public inspection during regular business hours at the
17office of the county board or the governing body of the
18municipality and may be copied upon payment of the actual cost
19of reproduction.
20    (q) Within 6 months after July 12, 2011 (the effective
21date of Public Act 97-95), the Agency, in consultation with
22the regulated community, shall develop a web portal to be
23posted on its website for the purpose of enhancing review and
24promoting timely issuance of permits required by this Act. At
25a minimum, the Agency shall make the following information
26available on the web portal:

 

 

10200SB1656sam001- 57 -LRB102 17019 SPS 23499 a

1        (1) Checklists and guidance relating to the completion
2    of permit applications, developed pursuant to subsection
3    (s) of this Section, which may include, but are not
4    limited to, existing instructions for completing the
5    applications and examples of complete applications. As the
6    Agency develops new checklists and develops guidance, it
7    shall supplement the web portal with those materials.
8        (2) Within 2 years after July 12, 2011 (the effective
9    date of Public Act 97-95), permit application forms or
10    portions of permit applications that can be completed and
11    saved electronically, and submitted to the Agency
12    electronically with digital signatures.
13        (3) Within 2 years after July 12, 2011 (the effective
14    date of Public Act 97-95), an online tracking system where
15    an applicant may review the status of its pending
16    application, including the name and contact information of
17    the permit analyst assigned to the application. Until the
18    online tracking system has been developed, the Agency
19    shall post on its website semi-annual permitting
20    efficiency tracking reports that include statistics on the
21    timeframes for Agency action on the following types of
22    permits received after July 12, 2011 (the effective date
23    of Public Act 97-95): air construction permits, new NPDES
24    permits and associated water construction permits, and
25    modifications of major NPDES permits and associated water
26    construction permits. The reports must be posted by

 

 

10200SB1656sam001- 58 -LRB102 17019 SPS 23499 a

1    February 1 and August 1 each year and shall include:
2            (A) the number of applications received for each
3        type of permit, the number of applications on which
4        the Agency has taken action, and the number of
5        applications still pending; and
6            (B) for those applications where the Agency has
7        not taken action in accordance with the timeframes set
8        forth in this Act, the date the application was
9        received and the reasons for any delays, which may
10        include, but shall not be limited to, (i) the
11        application being inadequate or incomplete, (ii)
12        scientific or technical disagreements with the
13        applicant, USEPA, or other local, state, or federal
14        agencies involved in the permitting approval process,
15        (iii) public opposition to the permit, or (iv) Agency
16        staffing shortages. To the extent practicable, the
17        tracking report shall provide approximate dates when
18        cause for delay was identified by the Agency, when the
19        Agency informed the applicant of the problem leading
20        to the delay, and when the applicant remedied the
21        reason for the delay.
22    (r) Upon the request of the applicant, the Agency shall
23notify the applicant of the permit analyst assigned to the
24application upon its receipt.
25    (s) The Agency is authorized to prepare and distribute
26guidance documents relating to its administration of this

 

 

10200SB1656sam001- 59 -LRB102 17019 SPS 23499 a

1Section and procedural rules implementing this Section.
2Guidance documents prepared under this subsection shall not be
3considered rules and shall not be subject to the Illinois
4Administrative Procedure Act. Such guidance shall not be
5binding on any party.
6    (t) Except as otherwise prohibited by federal law or
7regulation, any person submitting an application for a permit
8may include with the application suggested permit language for
9Agency consideration. The Agency is not obligated to use the
10suggested language or any portion thereof in its permitting
11decision. If requested by the permit applicant, the Agency
12shall meet with the applicant to discuss the suggested
13language.
14    (u) If requested by the permit applicant, the Agency shall
15provide the permit applicant with a copy of the draft permit
16prior to any public review period.
17    (v) If requested by the permit applicant, the Agency shall
18provide the permit applicant with a copy of the final permit
19prior to its issuance.
20    (w) An air pollution permit shall not be required due to
21emissions of greenhouse gases, as specified by Section 9.15 of
22this Act.
23    (x) If, before the expiration of a State operating permit
24that is issued pursuant to subsection (a) of this Section and
25contains federally enforceable conditions limiting the
26potential to emit of the source to a level below the major

 

 

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1source threshold for that source so as to exclude the source
2from the Clean Air Act Permit Program, the Agency receives a
3complete application for the renewal of that permit, then all
4of the terms and conditions of the permit shall remain in
5effect until final administrative action has been taken on the
6application for the renewal of the permit.
7    (y) The Agency may issue permits exclusively under this
8subsection to persons owning or operating a CCR surface
9impoundment subject to Section 22.59.
10    (z) If a mass animal mortality event is declared by the
11Department of Agriculture in accordance with the Animal
12Mortality Act:
13        (1) the owner or operator responsible for the disposal
14    of dead animals is exempted from the following:
15            (i) obtaining a permit for the construction,
16        installation, or operation of any type of facility or
17        equipment issued in accordance with subsection (a) of
18        this Section;
19            (ii) obtaining a permit for open burning in
20        accordance with the rules adopted by the Board; and
21            (iii) registering the disposal of dead animals as
22        an eligible small source with the Agency in accordance
23        with Section 9.14 of this Act;
24        (2) as applicable, the owner or operator responsible
25    for the disposal of dead animals is required to obtain the
26    following permits:

 

 

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1            (i) an NPDES permit in accordance with subsection
2        (b) of this Section;
3            (ii) a PSD permit, in accordance with Section 9.1
4        of this Act;
5            (iii) an NANSR permit, in accordance with the
6        rules adopted by the Board;
7            (iv) a federally enforceable state operating
8        permit, in accordance with this Section; or
9            (v) a CAAPP permit, in accordance with Section
10        39.5 of this Act.
11    All CCR surface impoundment permits shall contain those
12terms and conditions, including, but not limited to, schedules
13of compliance, which may be required to accomplish the
14purposes and provisions of this Act, Board regulations, the
15Illinois Groundwater Protection Act and regulations pursuant
16thereto, and the Resource Conservation and Recovery Act and
17regulations pursuant thereto, and may include schedules for
18achieving compliance therewith as soon as possible.
19    The Board shall adopt filing requirements and procedures
20that are necessary and appropriate for the issuance of CCR
21surface impoundment permits and that are consistent with this
22Act or regulations adopted by the Board, and with the RCRA, as
23amended, and regulations pursuant thereto.
24    The applicant shall make available to the public for
25inspection all documents submitted by the applicant to the
26Agency in furtherance of an application, with the exception of

 

 

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1trade secrets, on its public internet website as well as at the
2office of the county board or governing body of the
3municipality where CCR from the CCR surface impoundment will
4be permanently disposed. Such documents may be copied upon
5payment of the actual cost of reproduction during regular
6business hours of the local office.
7    The Agency shall issue a written statement concurrent with
8its grant or denial of the permit explaining the basis for its
9decision.
10(Source: P.A. 101-171, eff. 7-30-19; revised 9-12-19.)
 
11    Section 15. The Criminal Code of 2012 is amended by
12changing Section 48-7 as follows:
 
13    (720 ILCS 5/48-7)
14    Sec. 48-7. Feeding garbage to animals.
15    (a) Definitions. As used in this Section:
16        "Department" means the Department of Agriculture of
17    the State of Illinois.
18        "Garbage" has the same meaning as in the federal Swine
19    Health Protection Act (7 U.S.C. 3802) and also includes
20    putrescible vegetable waste. "Garbage" does not include
21    the contents of the bovine digestive tract.
22        "Person" means any person, firm, partnership,
23    association, corporation, or other legal entity, any
24    public or private institution, the State, or any municipal

 

 

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1    corporation or political subdivision of the State.
2    (b) A person commits feeding garbage to animals when he or
3she feeds or permits the feeding of garbage to swine or any
4animals or poultry on any farm or any other premises where
5swine are kept.
6    (c) Establishments licensed under the Animal Mortality Act
7Illinois Dead Animal Disposal Act or under similar laws in
8other states are exempt from the provisions of this Section.
9    (d) Nothing in this Section shall be construed to apply to
10any person who feeds garbage produced in his or her own
11household to animals or poultry kept on the premises where he
12or she resides except this garbage if fed to swine shall not
13contain particles of meat.
14    (e) Sentence. Feeding garbage to animals is a Class B
15misdemeanor, and for the first offense shall be fined not less
16than $100 nor more than $500 and for a second or subsequent
17offense shall be fined not less than $200 nor more than $500 or
18imprisoned in a penal institution other than the penitentiary
19for not more than 6 months, or both.
20    (f) A person violating this Section may be enjoined by the
21Department from continuing the violation.
22    (g) The Department may make reasonable inspections
23necessary for the enforcement of this Section, and is
24authorized to enforce, and administer the provisions of this
25Section.
26(Source: P.A. 97-1108, eff. 1-1-13; 98-785, eff. 1-1-15.)".