Full Text of HB1837 103rd General Assembly
HB1837eng 103RD GENERAL ASSEMBLY | | | HB1837 Engrossed | | LRB103 28087 CPF 54466 b |
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| 1 | | AN ACT concerning safety. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 9 as follows: | 6 | | (415 ILCS 5/9) (from Ch. 111 1/2, par. 1009) | 7 | | Sec. 9. Acts prohibited. No person shall: | 8 | | (a) Cause or threaten or allow the discharge or emission | 9 | | of any contaminant into the environment in any State so as to | 10 | | cause or tend to cause air pollution in Illinois, either alone | 11 | | or in combination with contaminants from other sources, or so | 12 | | as to violate regulations or standards adopted by the Board | 13 | | under this Act. | 14 | | (b) Construct, install, or operate any equipment, | 15 | | facility, vehicle, vessel, or aircraft capable of causing or | 16 | | contributing to air pollution or designed to prevent air | 17 | | pollution, of any type designated by Board regulations, (1) | 18 | | without a permit granted by the Agency unless otherwise exempt | 19 | | by this Act or Board regulations or (2) in violation of any | 20 | | conditions imposed by such permit. | 21 | | (c) Cause or allow the open burning of refuse, conduct any | 22 | | salvage operation by open burning, or cause or allow the | 23 | | burning of any refuse in any chamber not specifically designed |
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| 1 | | for the purpose and approved by the Agency pursuant to | 2 | | regulations adopted by the Board under this Act; except that | 3 | | the Board may adopt regulations permitting open burning of | 4 | | refuse in certain cases upon a finding that no harm will result | 5 | | from such burning, or that any alternative method of disposing | 6 | | of such refuse would create a safety hazard so extreme as to | 7 | | justify the pollution that would result from such burning. | 8 | | (d) Sell, offer, or use any fuel or other article in any | 9 | | areas in which the Board may by regulation forbid its sale, | 10 | | offer, or use for reasons of air-pollution control. | 11 | | (e) Use, cause or allow the spraying of loose asbestos for | 12 | | the purpose of fireproofing or insulating any building or | 13 | | building material or other constructions, or otherwise use | 14 | | asbestos in such unconfined manner as to permit asbestos | 15 | | fibers or particles to pollute the air. | 16 | | (f) Commencing July 1, 1985, sell any used oil for burning | 17 | | or incineration in any incinerator, boiler, furnace, burner or | 18 | | other equipment unless such oil meets standards based on | 19 | | virgin fuel oil or re-refined oil, as defined in ASTM D-396 or | 20 | | specifications under VV-F-815C promulgated pursuant to the | 21 | | federal Energy Policy and Conservation Act, and meets the | 22 | | manufacturer's and current NFDA code standards for which such | 23 | | incinerator, boiler, furnace, burner or other equipment was | 24 | | approved, except that this prohibition does not apply to a | 25 | | sale to a permitted used oil re-refining or reprocessing | 26 | | facility or sale to a facility permitted by the Agency to burn |
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| 1 | | or incinerate such oil. | 2 | | Nothing herein shall limit the effect of any section of | 3 | | this Title with respect to any form of asbestos, or the | 4 | | spraying of any form of asbestos, or limit the power of the | 5 | | Board under this Title to adopt additional and further | 6 | | regulations with respect to any form of asbestos, or the | 7 | | spraying of any form of asbestos. | 8 | | This Section shall not limit the burning of landscape | 9 | | waste upon the premises where it is produced or at sites | 10 | | provided and supervised by any unit of local government, | 11 | | except within any county having a population of more than | 12 | | 400,000. Nothing in this Section shall prohibit the burning of | 13 | | landscape waste for agricultural purposes, habitat management | 14 | | (including but not limited to forest and prairie reclamation), | 15 | | or firefighter training. For the purposes of this Act, | 16 | | "burning of landscape waste for agricultural purposes" | 17 | | includes (i) the burning of landscape waste by production | 18 | | nurseries and (ii) the burning of landscape waste in a county | 19 | | with a population of 50,000 or less and more than 750 feet from | 20 | | the nearest residence by a person engaged in the business of | 21 | | tree removal shall be considered to be burning for | 22 | | agricultural purposes . | 23 | | Any grain elevator located outside of a major population | 24 | | area, as defined in Section 211.3610 of Title 35 of the | 25 | | Illinois Administrative Code, shall be exempt from the | 26 | | requirements of Section 212.462 of Title 35 of the Illinois |
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| 1 | | Administrative Code provided that the elevator: (1) does not | 2 | | violate the prohibitions of subsection (a) of this Section or | 3 | | have a certified investigation, as defined in Section 211.970 | 4 | | of Title 35 of the Illinois Administrative Code, on file with | 5 | | the Agency and (2) is not required to obtain a Clean Air Act | 6 | | Permit Program permit pursuant to Section 39.5. | 7 | | Notwithstanding the above exemption, new stationary source | 8 | | performance standards for grain elevators, established | 9 | | pursuant to Section 9.1 of this Act and Section 111 of the | 10 | | federal Clean Air Act, shall continue to apply to grain | 11 | | elevators. | 12 | | (Source: P.A. 97-95, eff. 7-12-11.) |
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