Full Text of HB3095 103rd General Assembly
HB3095sam001 103RD GENERAL ASSEMBLY | Sen. Linda Holmes Filed: 5/3/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3095
| 2 | | AMENDMENT NO. ______. Amend House Bill 3095 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 3.330 and by adding Section 22.63 as follows:
| 6 | | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
| 7 | | Sec. 3.330. Pollution control facility.
| 8 | | (a) "Pollution control facility" is any waste storage | 9 | | site, sanitary
landfill, waste disposal site, waste transfer | 10 | | station, waste treatment
facility, or waste incinerator. This | 11 | | includes sewers, sewage treatment
plants, and any other | 12 | | facilities owned or operated by sanitary districts
organized | 13 | | under the Metropolitan Water Reclamation District Act.
| 14 | | The following are not pollution control facilities:
| 15 | | (1) (blank);
| 16 | | (2) waste storage sites regulated under 40 CFR 761.42;
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| 1 | | (3) sites or facilities used by any person conducting | 2 | | a waste storage,
waste treatment, waste disposal, waste | 3 | | transfer or waste incineration
operation, or a combination | 4 | | thereof, for wastes generated by such person's
own | 5 | | activities, when such wastes are stored, treated, disposed | 6 | | of,
transferred or incinerated within the site or facility | 7 | | owned, controlled or
operated by such person, or when such | 8 | | wastes are transported within or
between sites or | 9 | | facilities owned, controlled or operated by such person;
| 10 | | (4) sites or facilities at which the State is | 11 | | performing removal or
remedial action pursuant to Section | 12 | | 22.2 or 55.3;
| 13 | | (5) abandoned quarries used solely for the disposal of | 14 | | concrete, earth
materials, gravel, or aggregate debris | 15 | | resulting from road construction
activities conducted by a | 16 | | unit of government or construction activities due
to the | 17 | | construction and installation of underground pipes, lines, | 18 | | conduit
or wires off of the premises of a public utility | 19 | | company which are
conducted by a public utility;
| 20 | | (6) sites or facilities used by any person to | 21 | | specifically conduct a
landscape composting operation;
| 22 | | (7) regional facilities as defined in the Central | 23 | | Midwest Interstate
Low-Level Radioactive Waste Compact;
| 24 | | (8) the portion of a site or facility where coal | 25 | | combustion wastes are
stored or disposed of in accordance | 26 | | with subdivision (r)(2) or (r)(3) of
Section 21;
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| 1 | | (9) the portion of a site or facility used for the | 2 | | collection,
storage or processing of waste tires as | 3 | | defined in Title XIV;
| 4 | | (10) the portion of a site or facility used for | 5 | | treatment of
petroleum contaminated materials by | 6 | | application onto or incorporation into
the soil surface | 7 | | and any portion of that site or facility used for storage
| 8 | | of petroleum contaminated materials before treatment. Only | 9 | | those categories
of petroleum listed in Section
57.9(a)(3) | 10 | | are exempt under this subdivision (10);
| 11 | | (11) the portion of a site or facility where used oil | 12 | | is collected or
stored prior to shipment to a recycling or | 13 | | energy recovery facility, provided
that the used oil is | 14 | | generated by households or commercial establishments, and
| 15 | | the site or facility is a recycling center or a business | 16 | | where oil or gasoline
is sold at retail; | 17 | | (11.5) processing sites or facilities that receive | 18 | | only on-specification used oil, as defined in 35 Ill. Adm. | 19 | | Code 739, originating from used oil collectors for | 20 | | processing that is managed under 35 Ill. Adm. Code 739 to | 21 | | produce products for sale to off-site petroleum | 22 | | facilities, if these processing sites or facilities are: | 23 | | (i) located within a home rule unit of local government | 24 | | with a population of at least 30,000 according to the 2000 | 25 | | federal census, that home rule unit of local government | 26 | | has been designated as an Urban Round II Empowerment Zone |
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| 1 | | by the United States Department of Housing and Urban | 2 | | Development, and that home rule unit of local government | 3 | | has enacted an ordinance approving the location of the | 4 | | site or facility and provided funding for the site or | 5 | | facility; and (ii) in compliance with all applicable | 6 | | zoning requirements;
| 7 | | (12) the portion of a site or facility utilizing coal | 8 | | combustion waste
for stabilization and treatment of only | 9 | | waste generated on that site or
facility when used in | 10 | | connection with response actions pursuant to the federal
| 11 | | Comprehensive Environmental Response, Compensation, and | 12 | | Liability Act of 1980,
the federal Resource Conservation | 13 | | and Recovery Act of 1976, or the Illinois
Environmental | 14 | | Protection Act or as authorized by the Agency;
| 15 | | (13) the portion of a site or facility regulated under | 16 | | Section 22.38 of this Act; | 17 | | (14) the portion of a site or facility, located within | 18 | | a unit of local government that has enacted local zoning | 19 | | requirements, used to accept, separate, and process | 20 | | uncontaminated broken concrete, with or without protruding | 21 | | metal bars, provided that the uncontaminated broken | 22 | | concrete and metal bars are not speculatively accumulated, | 23 | | are at the site or facility no longer than one year after | 24 | | their acceptance, and are returned to the economic | 25 | | mainstream in the form of raw materials or products;
| 26 | | (15) the portion of a site or facility located in a |
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| 1 | | county with a population over 3,000,000 that has obtained | 2 | | local siting approval under Section 39.2 of this Act for a | 3 | | municipal waste incinerator on or before July 1, 2005 and | 4 | | that is used for a non-hazardous waste transfer station;
| 5 | | (16) a site or facility that temporarily holds in | 6 | | transit for 10 days or less, non-putrescible solid waste | 7 | | in original containers, no larger in capacity than 500 | 8 | | gallons, provided that such waste is further transferred | 9 | | to a recycling, disposal, treatment, or storage facility | 10 | | on a non-contiguous site and provided such site or | 11 | | facility complies with the applicable 10-day transfer | 12 | | requirements of the federal Resource Conservation and | 13 | | Recovery Act of 1976 and United States Department of | 14 | | Transportation hazardous material requirements. For | 15 | | purposes of this Section only, "non-putrescible solid | 16 | | waste" means waste other than municipal garbage that does | 17 | | not rot or become putrid, including, but not limited to, | 18 | | paints, solvent, filters, and absorbents;
| 19 | | (17)
the portion of a site or facility located in a | 20 | | county with a population greater than 3,000,000 that has | 21 | | obtained local siting approval, under Section 39.2 of this | 22 | | Act, for a municipal waste incinerator on or before July | 23 | | 1, 2005 and that is used for wood combustion facilities | 24 | | for energy recovery that accept and burn only wood | 25 | | material, as included in a fuel specification approved by | 26 | | the Agency;
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| 1 | | (18)
a transfer station used exclusively for landscape | 2 | | waste, including a transfer station where landscape waste | 3 | | is ground to reduce its volume, where the landscape waste | 4 | | is held no longer than 24 hours from the time it was | 5 | | received; | 6 | | (19) the portion of a site or facility that (i) is used | 7 | | for the composting of food scrap, livestock waste, crop | 8 | | residue, uncontaminated wood waste, or paper waste, | 9 | | including, but not limited to, corrugated paper or | 10 | | cardboard, and (ii) meets all of the following | 11 | | requirements: | 12 | | (A) There must not be more than a total of 30,000 | 13 | | cubic yards of livestock waste in raw form or in the | 14 | | process of being composted at the site or facility at | 15 | | any one time. | 16 | | (B) All food scrap, livestock waste, crop residue, | 17 | | uncontaminated wood waste, and paper waste must, by | 18 | | the end of each operating day, be processed and placed | 19 | | into an enclosed vessel in which air flow and | 20 | | temperature are controlled, or all of the following | 21 | | additional requirements must be met: | 22 | | (i) The portion of the site or facility used | 23 | | for the composting operation must include a | 24 | | setback of at least 200 feet from the nearest | 25 | | potable water supply well. | 26 | | (ii) The portion of the site or facility used |
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| 1 | | for the composting operation must be located | 2 | | outside the boundary of the 10-year floodplain or | 3 | | floodproofed. | 4 | | (iii) Except in municipalities with more than | 5 | | 1,000,000 inhabitants, the portion of the site or | 6 | | facility used for the composting operation must be | 7 | | located at least one-eighth of a mile from the | 8 | | nearest residence, other than a residence located | 9 | | on the same property as the site or facility. | 10 | | (iv) The portion of the site or facility used | 11 | | for the composting operation must be located at | 12 | | least one-eighth of a mile from the property line | 13 | | of all of the following areas: | 14 | | (I) Facilities that primarily serve to | 15 | | house or treat people that are | 16 | | immunocompromised or immunosuppressed, such as | 17 | | cancer or AIDS patients; people with asthma, | 18 | | cystic fibrosis, or bioaerosol allergies; or | 19 | | children under the age of one year. | 20 | | (II) Primary and secondary schools and | 21 | | adjacent areas that the schools use for | 22 | | recreation. | 23 | | (III) Any facility for child care licensed | 24 | | under Section 3 of the Child Care Act of 1969; | 25 | | preschools; and adjacent areas that the | 26 | | facilities or preschools use for recreation. |
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| 1 | | (v) By the end of each operating day, all food | 2 | | scrap, livestock waste, crop residue, | 3 | | uncontaminated wood waste, and paper waste must be | 4 | | (i) processed into windrows or other piles and | 5 | | (ii) covered in a manner that prevents scavenging | 6 | | by birds and animals and that prevents other | 7 | | nuisances. | 8 | | (C) Food scrap, livestock waste, crop residue, | 9 | | uncontaminated wood waste, paper waste, and compost | 10 | | must not be placed within 5 feet of the water table. | 11 | | (D) The site or facility must meet all of the | 12 | | requirements of the Wild and Scenic Rivers Act (16 | 13 | | U.S.C. 1271 et seq.). | 14 | | (E) The site or facility must not (i) restrict the | 15 | | flow of a 100-year flood, (ii) result in washout of | 16 | | food scrap, livestock waste, crop residue, | 17 | | uncontaminated wood waste, or paper waste from a | 18 | | 100-year flood, or (iii) reduce the temporary water | 19 | | storage capacity of the 100-year floodplain, unless | 20 | | measures are undertaken to provide alternative storage | 21 | | capacity, such as by providing lagoons, holding tanks, | 22 | | or drainage around structures at the facility. | 23 | | (F) The site or facility must not be located in any | 24 | | area where it may pose a threat of harm or destruction | 25 | | to the features for which: | 26 | | (i) an irreplaceable historic or |
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| 1 | | archaeological site has been listed under the | 2 | | National Historic Preservation Act (16 U.S.C. 470 | 3 | | et seq.) or the Illinois Historic Preservation | 4 | | Act; | 5 | | (ii) a natural landmark has been designated by | 6 | | the National Park Service or the Illinois State | 7 | | Historic Preservation Office; or | 8 | | (iii) a natural area has been designated as a | 9 | | Dedicated Illinois Nature Preserve under the | 10 | | Illinois Natural Areas Preservation Act. | 11 | | (G) The site or facility must not be located in an | 12 | | area where it may jeopardize the continued existence | 13 | | of any designated endangered species, result in the | 14 | | destruction or adverse modification of the critical | 15 | | habitat for such species, or cause or contribute to | 16 | | the taking of any endangered or threatened species of | 17 | | plant, fish, or wildlife listed under the Endangered | 18 | | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | 19 | | Endangered Species Protection Act; | 20 | | (20) the portion of a site or facility that is located | 21 | | entirely within a home rule unit having a population of no | 22 | | less than 120,000 and no more than 135,000, according to | 23 | | the 2000 federal census, and that meets all of the | 24 | | following requirements: | 25 | | (i) the portion of the site or facility is used | 26 | | exclusively to perform testing of a thermochemical |
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| 1 | | conversion technology using only woody biomass, | 2 | | collected as landscape waste within the boundaries of | 3 | | the home rule unit, as the hydrocarbon feedstock for | 4 | | the production of synthetic gas in accordance with | 5 | | Section 39.9 of this Act; | 6 | | (ii) the portion of the site or facility is in | 7 | | compliance with all applicable zoning requirements; | 8 | | and | 9 | | (iii) a complete application for a demonstration | 10 | | permit at the portion of the site or facility has been | 11 | | submitted to the Agency in accordance with Section | 12 | | 39.9 of this Act within one year after July 27, 2010 | 13 | | (the effective date of Public Act 96-1314); | 14 | | (21) the portion of a site or facility used to perform | 15 | | limited testing of a gasification conversion technology in | 16 | | accordance with Section 39.8 of this Act and for which a | 17 | | complete permit application has been submitted to the | 18 | | Agency prior to one year from April 9, 2010 (the effective | 19 | | date of Public Act 96-887);
| 20 | | (22) the portion of a site or facility that is used to | 21 | | incinerate only pharmaceuticals from residential sources | 22 | | that are collected and transported by law enforcement | 23 | | agencies under Section 17.9A of this Act; | 24 | | (23) the portion of a site or facility: | 25 | | (A) that is used exclusively for the transfer of | 26 | | commingled landscape waste and food scrap held at the |
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| 1 | | site or facility for no longer than 24 hours after | 2 | | their receipt; | 3 | | (B) that is located entirely within a home rule | 4 | | unit having a population of (i) not less than 100,000 | 5 | | and not more than 115,000 according to the 2010 | 6 | | federal census, (ii) not less than 5,000 and not more | 7 | | than 10,000 according to the 2010 federal census, or | 8 | | (iii) not less than 25,000 and not more than 30,000 | 9 | | according to the 2010 federal census or that is | 10 | | located in the unincorporated area of a county having | 11 | | a population of not less than 700,000 and not more than | 12 | | 705,000 according to the 2010 federal census; | 13 | | (C) that is permitted, by the Agency, prior to | 14 | | January 1, 2002, for the transfer of landscape waste | 15 | | if located in a home rule unit or that is permitted | 16 | | prior to January 1, 2008 if located in an | 17 | | unincorporated area of a county; and | 18 | | (D) for which a permit application is submitted to | 19 | | the Agency to modify an existing permit for the | 20 | | transfer of landscape waste to also include, on a | 21 | | demonstration basis not to exceed 24 months each time | 22 | | a permit is issued, the transfer of commingled | 23 | | landscape waste and food scrap or for which a permit | 24 | | application is submitted to the Agency within 6 months | 25 | | of August 11, 2017 (the effective date of Public Act | 26 | | 100-94); |
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| 1 | | (24) the portion of a municipal solid waste landfill | 2 | | unit: | 3 | | (A) that is located in a county having a | 4 | | population of not less than 55,000 and not more than | 5 | | 60,000 according to the 2010 federal census; | 6 | | (B) that is owned by that county; | 7 | | (C) that is permitted, by the Agency, prior to | 8 | | July 10, 2015 (the effective date of Public Act | 9 | | 99-12); and | 10 | | (D) for which a permit application is submitted to | 11 | | the Agency within 6 months after July 10, 2015 (the | 12 | | effective date of Public Act 99-12) for the disposal | 13 | | of non-hazardous special waste; and | 14 | | (25) the portion of a site or facility used during a | 15 | | mass animal mortality event, as defined in the Animal | 16 | | Mortality Act, where such waste is collected, stored, | 17 | | processed, disposed, or incinerated under a mass animal | 18 | | mortality event plan issued by the Department of | 19 | | Agriculture ; and . | 20 | | (26) the portion of a mine used for the placement of | 21 | | limestone residual materials generated from the treatment | 22 | | of drinking water by a municipal utility in accordance | 23 | | with rules adopted under Section 22.63. | 24 | | (b) A new pollution control facility is:
| 25 | | (1) a pollution control facility initially permitted | 26 | | for development or
construction after July 1, 1981; or
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| 1 | | (2) the area of expansion beyond the boundary of a | 2 | | currently permitted
pollution control facility; or
| 3 | | (3) a permitted pollution control facility requesting | 4 | | approval to
store, dispose of, transfer or incinerate, for | 5 | | the first time, any special
or hazardous waste.
| 6 | | (Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21; | 7 | | 102-813, eff. 5-13-22.)
| 8 | | (415 ILCS 5/22.63 new) | 9 | | Sec. 22.63. Rules for placement of limestone residual | 10 | | materials. The Board shall adopt rules for the placement of | 11 | | limestone residual materials generated from the treatment of | 12 | | drinking water by a municipal utility in an underground | 13 | | limestone mine located in whole or in part within the | 14 | | municipality that operates the municipal utility. The rules | 15 | | shall be consistent with the Board's Underground Injection | 16 | | Control regulations for Class V wells, as long as the rules | 17 | | allow for the limestone residual materials to be delivered to | 18 | | and placed in the mine by means other than an injection well. | 19 | | Rules adopted pursuant to this Section shall be adopted in | 20 | | accordance with the provisions and requirements of Title VII | 21 | | of this Act and the procedures for rulemaking in Section 5-35 | 22 | | of the Illinois Administrative Procedure Act, as long as a | 23 | | municipality proposing rules pursuant to this Section is not | 24 | | required to include in its proposal a petition signed by at | 25 | | least 200 persons as required under subsection (a) of Section |
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| 1 | | 28. Rules adopted pursuant to this Section shall not be | 2 | | considered a part of the State Underground Injection Control | 3 | | program established under this Act. | 4 | | For purposes of this Section, "limestone residual | 5 | | material" means limestone residual generated from the | 6 | | treatment of drinking water at a publicly-owned drinking water | 7 | | treatment plant. ".
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