Full Text of SB1089 102nd General Assembly
SB1089enr 102ND GENERAL ASSEMBLY |
| | SB1089 Enrolled | | LRB102 04912 CPF 14931 b |
|
| 1 | | AN ACT concerning regulation.
| 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 Sections 3.160, 3.330, 21, 22.15, 22.38, 22.44, 31.1, | 6 | | and 42 as follows: | 7 | | (415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a) | 8 | | Sec. 3.160. Construction or demolition debris. | 9 | | (a) "General construction or demolition debris" means | 10 | | non-hazardous,
uncontaminated materials resulting from the | 11 | | construction, remodeling, repair,
and demolition of utilities, | 12 | | structures, and roads, limited to the following:
bricks, | 13 | | concrete, and other masonry materials; soil; rock; wood, | 14 | | including
non-hazardous painted, treated, and coated wood and | 15 | | wood products; wall
coverings; plaster; drywall; plumbing | 16 | | fixtures; non-asbestos insulation;
roofing shingles and other | 17 | | roof coverings; reclaimed or other asphalt pavement; glass;
| 18 | | plastics that are not sealed in a manner that conceals waste; | 19 | | electrical
wiring and components containing no hazardous | 20 | | substances; and corrugated cardboard, piping or metals
| 21 | | incidental to any of those materials. | 22 | | General construction or demolition debris does not include | 23 | | uncontaminated
soil generated during construction, remodeling, |
| | | SB1089 Enrolled | - 2 - | LRB102 04912 CPF 14931 b |
|
| 1 | | repair, and demolition of
utilities, structures, and roads | 2 | | provided the uncontaminated soil is not
commingled with any | 3 | | general construction or demolition debris or other waste. | 4 | | To the extent allowed by federal law, uncontaminated | 5 | | concrete with protruding rebar shall be considered clean | 6 | | construction or demolition debris and shall not be considered | 7 | | "waste" if it is separated or processed and returned to the | 8 | | economic mainstream in the form of raw materials or products | 9 | | within 4 years of its generation, if it is not speculatively | 10 | | accumulated and, if used as a fill material, it is used in | 11 | | accordance with item (i) in subsection (b) of this Section.
| 12 | | (a-1) "General construction or demolition debris recovery | 13 | | facility" means a site or facility used to store or treat | 14 | | exclusively general construction or demolition debris, | 15 | | including, but not limited to, sorting, separating, or | 16 | | transferring, for recycling, reclamation, or reuse. For | 17 | | purposes of this definition, treatment includes altering the | 18 | | physical nature of the general construction or demolition | 19 | | debris, such as by size reduction, crushing, grinding, or | 20 | | homogenization, but does not include treatment designed to | 21 | | change the chemical nature of the general construction or | 22 | | demolition debris. | 23 | | (b) "Clean construction or demolition debris" means
| 24 | | uncontaminated broken concrete without protruding metal bars, | 25 | | bricks, rock,
stone, reclaimed or other asphalt pavement, or | 26 | | soil generated from construction or
demolition activities. |
| | | SB1089 Enrolled | - 3 - | LRB102 04912 CPF 14931 b |
|
| 1 | | Clean construction or demolition debris does not include | 2 | | uncontaminated soil
generated during construction, remodeling, | 3 | | repair, and demolition of utilities,
structures, and roads | 4 | | provided the uncontaminated soil is not commingled with
any | 5 | | clean construction or demolition debris or other waste. | 6 | | To the extent allowed by federal law, clean construction | 7 | | or demolition debris
shall not be considered "waste" if it is | 8 | | (i) used as fill material outside of a setback zone if the fill | 9 | | is placed no higher than the
highest point of elevation | 10 | | existing prior to the filling immediately adjacent
to the fill | 11 | | area, and if covered by sufficient uncontaminated soil to
| 12 | | support vegetation within 30 days of the completion of filling | 13 | | or if covered
by a road or structure, and, if used as fill | 14 | | material in a current or former quarry, mine, or other | 15 | | excavation, is used in accordance with the requirements of | 16 | | Section 22.51 of this Act and the rules adopted thereunder or | 17 | | (ii) separated or processed and returned to the
economic | 18 | | mainstream in the form of raw materials or products, if it is | 19 | | not
speculatively accumulated and, if used as a fill material, | 20 | | it is used in
accordance with item (i), or (iii) solely
broken | 21 | | concrete without protruding metal bars used for erosion | 22 | | control, or
(iv) generated from the construction or demolition | 23 | | of a building, road, or
other structure and used to construct, | 24 | | on the site where the construction or
demolition has taken | 25 | | place, a manmade
functional structure not to exceed 20 feet | 26 | | above the highest point of
elevation of the property |
| | | SB1089 Enrolled | - 4 - | LRB102 04912 CPF 14931 b |
|
| 1 | | immediately adjacent to the new manmade functional
structure | 2 | | as that elevation existed prior to the creation of that new
| 3 | | structure,
provided that the structure shall be covered with | 4 | | sufficient soil
materials to sustain vegetation or by a road | 5 | | or structure, and further
provided that no such structure | 6 | | shall be constructed within
a home rule municipality with a | 7 | | population over 500,000 without the consent
of the | 8 | | municipality.
| 9 | | For purposes of this subsection (b), reclaimed or other | 10 | | asphalt pavement shall not be considered speculatively | 11 | | accumulated if: (i) it is not commingled with any other clean | 12 | | construction or demolition debris or any waste; (ii) it is | 13 | | returned to the economic mainstream in the form of raw | 14 | | materials or products within 4 years after its generation; | 15 | | (iii) at least 25% of the total amount present at a site during | 16 | | a calendar year is transported off of the site during the next | 17 | | calendar year; and (iv) if used as a fill material, it is used | 18 | | in accordance with item (i) of the second paragraph of this | 19 | | subsection (b).
| 20 | | (c) For purposes of this Section, the term "uncontaminated | 21 | | soil" means soil that does not contain contaminants in | 22 | | concentrations that pose a threat to human health and safety | 23 | | and the environment. | 24 | | (1) No later than one year after the effective date of | 25 | | this amendatory Act of the 96th General Assembly, the | 26 | | Agency shall propose, and, no later than one year after |
| | | SB1089 Enrolled | - 5 - | LRB102 04912 CPF 14931 b |
|
| 1 | | receipt of the Agency's proposal, the Board shall adopt, | 2 | | rules specifying the maximum concentrations of | 3 | | contaminants that may be present in uncontaminated soil | 4 | | for purposes of this Section. For carcinogens, the maximum | 5 | | concentrations shall not allow exposure to exceed an | 6 | | excess upper-bound lifetime risk of 1 in 1,000,000; | 7 | | provided that if the most stringent remediation objective | 8 | | or applicable background concentration for a contaminant | 9 | | set forth in 35 Ill. Adm. Code 742 is greater than the | 10 | | concentration that would allow exposure at an excess | 11 | | upper-bound lifetime risk of 1 in 1,000,000, the Board may | 12 | | consider allowing that contaminant in concentrations up to | 13 | | its most stringent remediation objective or applicable | 14 | | background concentration set forth in 35 Ill. Adm. Code | 15 | | 742 in soil used as fill material in a current or former | 16 | | quarry, mine, or other excavation in accordance with | 17 | | Section 22.51 or 22.51a of this Act and rules adopted | 18 | | under those Sections. Any background concentration set | 19 | | forth in 35 Ill. Adm. Code 742 that is adopted as a maximum | 20 | | concentration must be based upon the location of the | 21 | | quarry, mine, or other excavation where the soil is used | 22 | | as fill material. | 23 | | (2) To the extent allowed under federal law and | 24 | | regulations, uncontaminated soil shall not be considered a | 25 | | waste. | 26 | | (Source: P.A. 96-235, eff. 8-11-09; 96-1416, eff. 7-30-10; |
| | | SB1089 Enrolled | - 6 - | LRB102 04912 CPF 14931 b |
|
| 1 | | 97-137, eff. 7-14-11.)
| 2 | | (415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
| 3 | | Sec. 3.330. Pollution control facility.
| 4 | | (a) "Pollution control facility" is any waste storage | 5 | | site, sanitary
landfill, waste disposal site, waste transfer | 6 | | station, waste treatment
facility, or waste incinerator. This | 7 | | includes sewers, sewage treatment
plants, and any other | 8 | | facilities owned or operated by sanitary districts
organized | 9 | | under the Metropolitan Water Reclamation District Act.
| 10 | | The following are not pollution control facilities:
| 11 | | (1) (blank);
| 12 | | (2) waste storage sites regulated under 40 CFR, Part | 13 | | 761.42;
| 14 | | (3) sites or facilities used by any person conducting | 15 | | a waste storage,
waste treatment, waste disposal, waste | 16 | | transfer or waste incineration
operation, or a combination | 17 | | thereof, for wastes generated by such person's
own | 18 | | activities, when such wastes are stored, treated, disposed | 19 | | of,
transferred or incinerated within the site or facility | 20 | | owned, controlled or
operated by such person, or when such | 21 | | wastes are transported within or
between sites or | 22 | | facilities owned, controlled or operated by such person;
| 23 | | (4) sites or facilities at which the State is | 24 | | performing removal or
remedial action pursuant to Section | 25 | | 22.2 or 55.3;
|
| | | SB1089 Enrolled | - 7 - | LRB102 04912 CPF 14931 b |
|
| 1 | | (5) abandoned quarries used solely for the disposal of | 2 | | concrete, earth
materials, gravel, or aggregate debris | 3 | | resulting from road construction
activities conducted by a | 4 | | unit of government or construction activities due
to the | 5 | | construction and installation of underground pipes, lines, | 6 | | conduit
or wires off of the premises of a public utility | 7 | | company which are
conducted by a public utility;
| 8 | | (6) sites or facilities used by any person to | 9 | | specifically conduct a
landscape composting operation;
| 10 | | (7) regional facilities as defined in the Central | 11 | | Midwest Interstate
Low-Level Radioactive Waste Compact;
| 12 | | (8) the portion of a site or facility where coal | 13 | | combustion wastes are
stored or disposed of in accordance | 14 | | with subdivision (r)(2) or (r)(3) of
Section 21;
| 15 | | (9) the portion of a site or facility used for the | 16 | | collection,
storage or processing of waste tires as | 17 | | defined in Title XIV;
| 18 | | (10) the portion of a site or facility used for | 19 | | treatment of
petroleum contaminated materials by | 20 | | application onto or incorporation into
the soil surface | 21 | | and any portion of that site or facility used for storage
| 22 | | of petroleum contaminated materials before treatment. Only | 23 | | those categories
of petroleum listed in Section
57.9(a)(3) | 24 | | are exempt under this subdivision (10);
| 25 | | (11) the portion of a site or facility where used oil | 26 | | is collected or
stored prior to shipment to a recycling or |
| | | SB1089 Enrolled | - 8 - | LRB102 04912 CPF 14931 b |
|
| 1 | | energy recovery facility, provided
that the used oil is | 2 | | generated by households or commercial establishments, and
| 3 | | the site or facility is a recycling center or a business | 4 | | where oil or gasoline
is sold at retail; | 5 | | (11.5) processing sites or facilities that receive | 6 | | only on-specification used oil, as defined in 35 Ill. | 7 | | Admin. Code 739, originating from used oil collectors for | 8 | | processing that is managed under 35 Ill. Admin. Code 739 | 9 | | to produce products for sale to off-site petroleum | 10 | | facilities, if these processing sites or facilities are: | 11 | | (i) located within a home rule unit of local government | 12 | | with a population of at least 30,000 according to the 2000 | 13 | | federal census, that home rule unit of local government | 14 | | has been designated as an Urban Round II Empowerment Zone | 15 | | by the United States Department of Housing and Urban | 16 | | Development, and that home rule unit of local government | 17 | | has enacted an ordinance approving the location of the | 18 | | site or facility and provided funding for the site or | 19 | | facility; and (ii) in compliance with all applicable | 20 | | zoning requirements;
| 21 | | (12) the portion of a site or facility utilizing coal | 22 | | combustion waste
for stabilization and treatment of only | 23 | | waste generated on that site or
facility when used in | 24 | | connection with response actions pursuant to the federal
| 25 | | Comprehensive Environmental Response, Compensation, and | 26 | | Liability Act of 1980,
the federal Resource Conservation |
| | | SB1089 Enrolled | - 9 - | LRB102 04912 CPF 14931 b |
|
| 1 | | and Recovery Act of 1976, or the Illinois
Environmental | 2 | | Protection Act or as authorized by the Agency;
| 3 | | (13) the portion of a site or facility regulated under | 4 | | that accepts exclusively general
construction or | 5 | | demolition debris and is operated and located in | 6 | | accordance with Section 22.38 of this Act; | 7 | | (14) the portion of a site or facility, located within | 8 | | a unit of local government that has enacted local zoning | 9 | | requirements, used to accept, separate, and process | 10 | | uncontaminated broken concrete, with or without protruding | 11 | | metal bars, provided that the uncontaminated broken | 12 | | concrete and metal bars are not speculatively accumulated, | 13 | | are at the site or facility no longer than one year after | 14 | | their acceptance, and are returned to the economic | 15 | | mainstream in the form of raw materials or products;
| 16 | | (15) the portion of a site or facility located in a | 17 | | county with a population over 3,000,000 that has obtained | 18 | | local siting approval under Section 39.2 of this Act for a | 19 | | municipal waste incinerator on or before July 1, 2005 and | 20 | | that is used for a non-hazardous waste transfer station;
| 21 | | (16) a site or facility that temporarily holds in | 22 | | transit for 10 days or less, non-putrescible solid waste | 23 | | in original containers, no larger in capacity than 500 | 24 | | gallons, provided that such waste is further transferred | 25 | | to a recycling, disposal, treatment, or storage facility | 26 | | on a non-contiguous site and provided such site or |
| | | SB1089 Enrolled | - 10 - | LRB102 04912 CPF 14931 b |
|
| 1 | | facility complies with the applicable 10-day transfer | 2 | | requirements of the federal Resource Conservation and | 3 | | Recovery Act of 1976 and United States Department of | 4 | | Transportation hazardous material requirements. For | 5 | | purposes of this Section only, "non-putrescible solid | 6 | | waste" means waste other than municipal garbage that does | 7 | | not rot or become putrid, including, but not limited to, | 8 | | paints, solvent, filters, and absorbents;
| 9 | | (17)
the portion of a site or facility located in a | 10 | | county with a population greater than 3,000,000 that has | 11 | | obtained local siting approval, under Section 39.2 of this | 12 | | Act, for a municipal waste incinerator on or before July | 13 | | 1, 2005 and that is used for wood combustion facilities | 14 | | for energy recovery that accept and burn only wood | 15 | | material, as included in a fuel specification approved by | 16 | | the Agency;
| 17 | | (18)
a transfer station used exclusively for landscape | 18 | | waste, including a transfer station where landscape waste | 19 | | is ground to reduce its volume, where the landscape waste | 20 | | is held no longer than 24 hours from the time it was | 21 | | received; | 22 | | (19) the portion of a site or facility that (i) is used | 23 | | for the composting of food scrap, livestock waste, crop | 24 | | residue, uncontaminated wood waste, or paper waste, | 25 | | including, but not limited to, corrugated paper or | 26 | | cardboard, and (ii) meets all of the following |
| | | SB1089 Enrolled | - 11 - | LRB102 04912 CPF 14931 b |
|
| 1 | | requirements: | 2 | | (A) There must not be more than a total of 30,000 | 3 | | cubic yards of livestock waste in raw form or in the | 4 | | process of being composted at the site or facility at | 5 | | any one time. | 6 | | (B) All food scrap, livestock waste, crop residue, | 7 | | uncontaminated wood waste, and paper waste must, by | 8 | | the end of each operating day, be processed and placed | 9 | | into an enclosed vessel in which air flow and | 10 | | temperature are controlled, or all of the following | 11 | | additional requirements must be met: | 12 | | (i) The portion of the site or facility used | 13 | | for the composting operation must include a | 14 | | setback of at least 200 feet from the nearest | 15 | | potable water supply well. | 16 | | (ii) The portion of the site or facility used | 17 | | for the composting operation must be located | 18 | | outside the boundary of the 10-year floodplain or | 19 | | floodproofed. | 20 | | (iii) Except in municipalities with more than | 21 | | 1,000,000 inhabitants, the portion of the site or | 22 | | facility used for the composting operation must be | 23 | | located at least one-eighth of a mile from the | 24 | | nearest residence, other than a residence located | 25 | | on the same property as the site or facility. | 26 | | (iv) The portion of the site or facility used |
| | | SB1089 Enrolled | - 12 - | LRB102 04912 CPF 14931 b |
|
| 1 | | for the composting operation must be located at | 2 | | least one-eighth of a mile from the property line | 3 | | of all of the following areas: | 4 | | (I) Facilities that primarily serve to | 5 | | house or treat people that are | 6 | | immunocompromised or immunosuppressed, such as | 7 | | cancer or AIDS patients; people with asthma, | 8 | | cystic fibrosis, or bioaerosol allergies; or | 9 | | children under the age of one year. | 10 | | (II) Primary and secondary schools and | 11 | | adjacent areas that the schools use for | 12 | | recreation. | 13 | | (III) Any facility for child care licensed | 14 | | under Section 3 of the Child Care Act of 1969; | 15 | | preschools; and adjacent areas that the | 16 | | facilities or preschools use for recreation. | 17 | | (v) By the end of each operating day, all food | 18 | | scrap, livestock waste, crop residue, | 19 | | uncontaminated wood waste, and paper waste must be | 20 | | (i) processed into windrows or other piles and | 21 | | (ii) covered in a manner that prevents scavenging | 22 | | by birds and animals and that prevents other | 23 | | nuisances. | 24 | | (C) Food scrap, livestock waste, crop residue, | 25 | | uncontaminated wood waste, paper waste, and compost | 26 | | must not be placed within 5 feet of the water table. |
| | | SB1089 Enrolled | - 13 - | LRB102 04912 CPF 14931 b |
|
| 1 | | (D) The site or facility must meet all of the | 2 | | requirements of the Wild and Scenic Rivers Act (16 | 3 | | U.S.C. 1271 et seq.). | 4 | | (E) The site or facility must not (i) restrict the | 5 | | flow of a 100-year flood, (ii) result in washout of | 6 | | food scrap, livestock waste, crop residue, | 7 | | uncontaminated wood waste, or paper waste from a | 8 | | 100-year flood, or (iii) reduce the temporary water | 9 | | storage capacity of the 100-year floodplain, unless | 10 | | measures are undertaken to provide alternative storage | 11 | | capacity, such as by providing lagoons, holding tanks, | 12 | | or drainage around structures at the facility. | 13 | | (F) The site or facility must not be located in any | 14 | | area where it may pose a threat of harm or destruction | 15 | | to the features for which: | 16 | | (i) an irreplaceable historic or | 17 | | archaeological site has been listed under the | 18 | | National Historic Preservation Act (16 U.S.C. 470 | 19 | | et seq.) or the Illinois Historic Preservation | 20 | | Act; | 21 | | (ii) a natural landmark has been designated by | 22 | | the National Park Service or the Illinois State | 23 | | Historic Preservation Office; or | 24 | | (iii) a natural area has been designated as a | 25 | | Dedicated Illinois Nature Preserve under the | 26 | | Illinois Natural Areas Preservation Act. |
| | | SB1089 Enrolled | - 14 - | LRB102 04912 CPF 14931 b |
|
| 1 | | (G) The site or facility must not be located in an | 2 | | area where it may jeopardize the continued existence | 3 | | of any designated endangered species, result in the | 4 | | destruction or adverse modification of the critical | 5 | | habitat for such species, or cause or contribute to | 6 | | the taking of any endangered or threatened species of | 7 | | plant, fish, or wildlife listed under the Endangered | 8 | | Species Act (16 U.S.C. 1531 et seq.) or the Illinois | 9 | | Endangered Species Protection Act; | 10 | | (20) the portion of a site or facility that is located | 11 | | entirely within a home rule unit having a population of no | 12 | | less than 120,000 and no more than 135,000, according to | 13 | | the 2000 federal census, and that meets all of the | 14 | | following requirements: | 15 | | (i) the portion of the site or facility is used | 16 | | exclusively to perform testing of a thermochemical | 17 | | conversion technology using only woody biomass, | 18 | | collected as landscape waste within the boundaries of | 19 | | the home rule unit, as the hydrocarbon feedstock for | 20 | | the production of synthetic gas in accordance with | 21 | | Section 39.9 of this Act; | 22 | | (ii) the portion of the site or facility is in | 23 | | compliance with all applicable zoning requirements; | 24 | | and | 25 | | (iii) a complete application for a demonstration | 26 | | permit at the portion of the site or facility has been |
| | | SB1089 Enrolled | - 15 - | LRB102 04912 CPF 14931 b |
|
| 1 | | submitted to the Agency in accordance with Section | 2 | | 39.9 of this Act within one year after July 27, 2010 | 3 | | (the effective date of Public Act 96-1314); | 4 | | (21) the portion of a site or facility used to perform | 5 | | limited testing of a gasification conversion technology in | 6 | | accordance with Section 39.8 of this Act and for which a | 7 | | complete permit application has been submitted to the | 8 | | Agency prior to one year from April 9, 2010 (the effective | 9 | | date of Public Act 96-887);
| 10 | | (22) the portion of a site or facility that is used to | 11 | | incinerate only pharmaceuticals from residential sources | 12 | | that are collected and transported by law enforcement | 13 | | agencies under Section 17.9A of this Act; | 14 | | (23) the portion of a site or facility: | 15 | | (A) that is used exclusively for the transfer of | 16 | | commingled landscape waste and food scrap held at the | 17 | | site or facility for no longer than 24 hours after | 18 | | their receipt; | 19 | | (B) that is located entirely within a home rule | 20 | | unit having a population of (i) not less than 100,000 | 21 | | and not more than 115,000 according to the 2010 | 22 | | federal census, (ii) not less than 5,000 and not more | 23 | | than 10,000 according to the 2010 federal census, or | 24 | | (iii) not less than 25,000 and not more than 30,000 | 25 | | according to the 2010 federal census or that is | 26 | | located in the unincorporated area of a county having |
| | | SB1089 Enrolled | - 16 - | LRB102 04912 CPF 14931 b |
|
| 1 | | a population of not less than 700,000 and not more than | 2 | | 705,000 according to the 2010 federal census; | 3 | | (C) that is permitted, by the Agency, prior to | 4 | | January 1, 2002, for the transfer of landscape waste | 5 | | if located in a home rule unit or that is permitted | 6 | | prior to January 1, 2008 if located in an | 7 | | unincorporated area of a county; and | 8 | | (D) for which a permit application is submitted to | 9 | | the Agency to modify an existing permit for the | 10 | | transfer of landscape waste to also include, on a | 11 | | demonstration basis not to exceed 24 months each time | 12 | | a permit is issued, the transfer of commingled | 13 | | landscape waste and food scrap or for which a permit | 14 | | application is submitted to the Agency within 6 months | 15 | | of the effective date of this amendatory Act of the | 16 | | 100th General Assembly; and | 17 | | (24) the portion of a municipal solid waste landfill | 18 | | unit: | 19 | | (A) that is located in a county having a | 20 | | population of not less than 55,000 and not more than | 21 | | 60,000 according to the 2010 federal census; | 22 | | (B) that is owned by that county; | 23 | | (C) that is permitted, by the Agency, prior to | 24 | | July 10, 2015 (the effective date of Public Act | 25 | | 99-12); and | 26 | | (D) for which a permit application is submitted to |
| | | SB1089 Enrolled | - 17 - | LRB102 04912 CPF 14931 b |
|
| 1 | | the Agency within 6 months after July 10, 2015 (the | 2 | | effective date of Public Act 99-12) for the disposal | 3 | | of non-hazardous special waste. | 4 | | (b) A new pollution control facility is:
| 5 | | (1) a pollution control facility initially permitted | 6 | | for development or
construction after July 1, 1981; or
| 7 | | (2) the area of expansion beyond the boundary of a | 8 | | currently permitted
pollution control facility; or
| 9 | | (3) a permitted pollution control facility requesting | 10 | | approval to
store, dispose of, transfer or incinerate, for | 11 | | the first time, any special
or hazardous waste.
| 12 | | (Source: P.A. 99-12, eff. 7-10-15; 99-440, eff. 8-21-15; | 13 | | 99-642, eff. 7-28-16; 100-94, eff. 8-11-17.)
| 14 | | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
| 15 | | Sec. 21. Prohibited acts. No person shall:
| 16 | | (a) Cause or allow the open dumping of any waste.
| 17 | | (b) Abandon, dump, or deposit any waste upon the public | 18 | | highways or
other public property, except in a sanitary | 19 | | landfill approved by the
Agency pursuant to regulations | 20 | | adopted by the Board.
| 21 | | (c) Abandon any vehicle in violation of the "Abandoned | 22 | | Vehicles
Amendment to the Illinois Vehicle Code", as enacted | 23 | | by the 76th General
Assembly.
| 24 | | (d) Conduct any waste-storage, waste-treatment, or | 25 | | waste-disposal
operation:
|
| | | SB1089 Enrolled | - 18 - | LRB102 04912 CPF 14931 b |
|
| 1 | | (1) without a permit granted by the Agency or in | 2 | | violation of any
conditions imposed by such permit, | 3 | | including periodic reports and full
access to adequate | 4 | | records and the inspection of facilities, as may be
| 5 | | necessary to assure compliance with this Act and with | 6 | | regulations and
standards adopted thereunder; provided, | 7 | | however, that, except for municipal
solid waste landfill | 8 | | units that receive waste on or after October 9, 1993, and | 9 | | CCR surface impoundments,
no permit shall be
required for | 10 | | (i) any person conducting a waste-storage, | 11 | | waste-treatment, or
waste-disposal operation for wastes | 12 | | generated by such person's own
activities which are | 13 | | stored, treated, or disposed within the site where
such | 14 | | wastes are generated, or (ii) until one year after the | 15 | | effective date of rules adopted by the Board under | 16 | | subsection (n) of Section 22.38,
a facility located in a | 17 | | county with a
population over 700,000 as of January 1, | 18 | | 2000, operated and located in accordance with
Section | 19 | | 22.38 of this Act, and used exclusively for the transfer, | 20 | | storage, or
treatment of general construction or | 21 | | demolition debris, provided that the facility was | 22 | | receiving construction or demolition debris on August 24, | 23 | | 2009 ( the effective date of Public Act 96-611) this | 24 | | amendatory Act of the 96th General Assembly ;
| 25 | | (2) in violation of any regulations or standards | 26 | | adopted by the
Board under this Act; or
|
| | | SB1089 Enrolled | - 19 - | LRB102 04912 CPF 14931 b |
|
| 1 | | (3) which receives waste after August 31, 1988, does | 2 | | not have a permit
issued by the Agency, and is (i) a | 3 | | landfill used exclusively for the
disposal of waste | 4 | | generated at the site, (ii) a surface impoundment
| 5 | | receiving special waste not listed in an NPDES permit, | 6 | | (iii) a waste pile
in which the total volume of waste is | 7 | | greater than 100 cubic yards or the
waste is stored for | 8 | | over one year, or (iv) a land treatment facility
receiving | 9 | | special waste generated at the site; without giving notice | 10 | | of the
operation to the Agency by January 1, 1989, or 30 | 11 | | days after the date on
which the operation commences, | 12 | | whichever is later, and every 3 years
thereafter. The form | 13 | | for such notification shall be specified by the
Agency, | 14 | | and shall be limited to information regarding: the name | 15 | | and address
of the location of the operation; the type of | 16 | | operation; the types and
amounts of waste stored, treated | 17 | | or disposed of on an annual basis; the
remaining capacity | 18 | | of the operation; and the remaining expected life of
the | 19 | | operation.
| 20 | | Item (3) of this subsection (d) shall not apply to any | 21 | | person
engaged in agricultural activity who is disposing of a | 22 | | substance that
constitutes solid waste, if the substance was | 23 | | acquired for use by that
person on his own property, and the | 24 | | substance is disposed of on his own
property in accordance | 25 | | with regulations or standards adopted by the Board.
| 26 | | This subsection (d) shall not apply to hazardous waste.
|
| | | SB1089 Enrolled | - 20 - | LRB102 04912 CPF 14931 b |
|
| 1 | | (e) Dispose, treat, store or abandon any waste, or | 2 | | transport any waste
into this State for disposal, treatment, | 3 | | storage or abandonment, except at
a site or facility which | 4 | | meets the requirements of this Act and of
regulations and | 5 | | standards thereunder.
| 6 | | (f) Conduct any hazardous waste-storage, hazardous | 7 | | waste-treatment or
hazardous waste-disposal operation:
| 8 | | (1) without a RCRA permit for the site issued by the | 9 | | Agency under
subsection (d) of Section 39 of this Act, or | 10 | | in violation of any condition
imposed by such permit, | 11 | | including periodic reports and full access to
adequate | 12 | | records and the inspection of facilities, as may be | 13 | | necessary to
assure compliance with this Act and with | 14 | | regulations and standards adopted
thereunder; or
| 15 | | (2) in violation of any regulations or standards | 16 | | adopted by the Board
under this Act; or
| 17 | | (3) in violation of any RCRA permit filing requirement | 18 | | established under
standards adopted by the Board under | 19 | | this Act; or
| 20 | | (4) in violation of any order adopted by the Board | 21 | | under this Act.
| 22 | | Notwithstanding the above, no RCRA permit shall be | 23 | | required under this
subsection or subsection (d) of Section 39 | 24 | | of this Act for any
person engaged in agricultural activity | 25 | | who is disposing of a substance
which has been identified as a | 26 | | hazardous waste, and which has been
designated by Board |
| | | SB1089 Enrolled | - 21 - | LRB102 04912 CPF 14931 b |
|
| 1 | | regulations as being subject to this exception, if the
| 2 | | substance was acquired for use by that person on his own | 3 | | property and the
substance is disposed of on his own property | 4 | | in accordance with regulations
or standards adopted by the | 5 | | Board.
| 6 | | (g) Conduct any hazardous waste-transportation operation:
| 7 | | (1) without registering with and obtaining a special | 8 | | waste hauling permit from the Agency in
accordance with | 9 | | the regulations adopted by the Board under this Act; or
| 10 | | (2) in violation of any regulations or standards | 11 | | adopted by
the
Board under this Act.
| 12 | | (h) Conduct any hazardous waste-recycling or hazardous | 13 | | waste-reclamation
or hazardous waste-reuse operation in | 14 | | violation of any regulations, standards
or permit requirements | 15 | | adopted by the Board under this Act.
| 16 | | (i) Conduct any process or engage in any act which | 17 | | produces hazardous
waste in violation of any regulations or | 18 | | standards adopted by the Board
under subsections (a) and (c) | 19 | | of Section 22.4 of this Act.
| 20 | | (j) Conduct any special waste-transportation waste | 21 | | transportation operation in violation
of any regulations, | 22 | | standards or permit requirements adopted by the Board
under | 23 | | this Act. However, sludge from a water or sewage treatment | 24 | | plant
owned and operated by a unit of local government which | 25 | | (1) is subject to a
sludge management plan approved by the | 26 | | Agency or a permit granted by the
Agency, and (2) has been |
| | | SB1089 Enrolled | - 22 - | LRB102 04912 CPF 14931 b |
|
| 1 | | tested and determined not to be a hazardous waste
as required | 2 | | by applicable State and federal laws and regulations, may be
| 3 | | transported in this State without a special waste hauling | 4 | | permit, and the
preparation and carrying of a manifest shall | 5 | | not be required for such
sludge under the rules of the | 6 | | Pollution Control Board. The unit of local
government which | 7 | | operates the treatment plant producing such sludge shall
file | 8 | | an annual report with the Agency identifying the volume of | 9 | | such
sludge transported during the reporting period, the | 10 | | hauler of the sludge,
and the disposal sites to which it was | 11 | | transported. This subsection (j)
shall not apply to hazardous | 12 | | waste.
| 13 | | (k) Fail or refuse to pay any fee imposed under this Act.
| 14 | | (l) Locate a hazardous waste disposal site above an active | 15 | | or
inactive shaft or tunneled mine or within 2 miles of an | 16 | | active fault in
the earth's crust. In counties of population | 17 | | less than 225,000 no
hazardous waste disposal site shall be | 18 | | located (1) within 1 1/2 miles of
the corporate limits as | 19 | | defined on June 30, 1978, of any municipality
without the | 20 | | approval of the governing body of the municipality in an
| 21 | | official action; or (2) within 1000 feet of an existing | 22 | | private well or
the existing source of a public water supply | 23 | | measured from the boundary
of the actual active permitted site | 24 | | and excluding existing private wells
on the property of the | 25 | | permit applicant. The provisions of this
subsection do not | 26 | | apply to publicly owned publicly-owned sewage works or the |
| | | SB1089 Enrolled | - 23 - | LRB102 04912 CPF 14931 b |
|
| 1 | | disposal
or utilization of sludge from publicly owned | 2 | | publicly-owned sewage works.
| 3 | | (m) Transfer interest in any land which has been used as a
| 4 | | hazardous waste disposal site without written notification to | 5 | | the Agency
of the transfer and to the transferee of the | 6 | | conditions imposed by the Agency
upon its use under subsection | 7 | | (g) of Section 39.
| 8 | | (n) Use any land which has been used as a hazardous waste
| 9 | | disposal site except in compliance with conditions imposed by | 10 | | the Agency
under subsection (g) of Section 39.
| 11 | | (o) Conduct a sanitary landfill operation which is | 12 | | required to have a
permit under subsection (d) of this | 13 | | Section, in a manner which results in
any of the following | 14 | | conditions:
| 15 | | (1) refuse in standing or flowing waters;
| 16 | | (2) leachate flows entering waters of the State;
| 17 | | (3) leachate flows exiting the landfill confines (as | 18 | | determined by the
boundaries established for the landfill | 19 | | by a permit issued by the Agency);
| 20 | | (4) open burning of refuse in violation of Section 9 | 21 | | of this Act;
| 22 | | (5) uncovered refuse remaining from any previous | 23 | | operating day or at the
conclusion of any operating day, | 24 | | unless authorized by permit;
| 25 | | (6) failure to provide final cover within time limits | 26 | | established by
Board regulations;
|
| | | SB1089 Enrolled | - 24 - | LRB102 04912 CPF 14931 b |
|
| 1 | | (7) acceptance of wastes without necessary permits;
| 2 | | (8) scavenging as defined by Board regulations;
| 3 | | (9) deposition of refuse in any unpermitted portion of | 4 | | the landfill;
| 5 | | (10) acceptance of a special waste without a required | 6 | | manifest;
| 7 | | (11) failure to submit reports required by permits or | 8 | | Board regulations;
| 9 | | (12) failure to collect and contain litter from the | 10 | | site by the end of
each operating day;
| 11 | | (13) failure to submit any cost estimate for the site | 12 | | or any performance
bond or other security for the site as | 13 | | required by this Act or Board rules.
| 14 | | The prohibitions specified in this subsection (o) shall be | 15 | | enforceable by
the Agency either by administrative citation | 16 | | under Section 31.1 of this Act
or as otherwise provided by this | 17 | | Act. The specific prohibitions in this
subsection do not limit | 18 | | the power of the Board to establish regulations
or standards | 19 | | applicable to sanitary landfills.
| 20 | | (p) In violation of subdivision (a) of this Section, cause | 21 | | or allow the
open dumping of any waste in a manner which | 22 | | results in any of the following
occurrences at the dump site:
| 23 | | (1) litter;
| 24 | | (2) scavenging;
| 25 | | (3) open burning;
| 26 | | (4) deposition of waste in standing or flowing waters;
|
| | | SB1089 Enrolled | - 25 - | LRB102 04912 CPF 14931 b |
|
| 1 | | (5) proliferation of disease vectors;
| 2 | | (6) standing or flowing liquid discharge from the dump | 3 | | site;
| 4 | | (7) deposition of:
| 5 | | (i) general construction or demolition debris as | 6 | | defined in Section
3.160(a) of this Act; or
| 7 | | (ii) clean construction or demolition debris as | 8 | | defined in Section
3.160(b) of this Act.
| 9 | | The prohibitions specified in this subsection (p) shall be
| 10 | | enforceable by the Agency either by administrative citation | 11 | | under Section
31.1 of this Act or as otherwise provided by this | 12 | | Act. The specific
prohibitions in this subsection do not limit | 13 | | the power of the Board to
establish regulations or standards | 14 | | applicable to open dumping.
| 15 | | (q) Conduct a landscape waste composting operation without | 16 | | an Agency
permit, provided, however, that no permit shall be | 17 | | required for any person:
| 18 | | (1) conducting a landscape waste composting operation | 19 | | for landscape
wastes generated by such person's own | 20 | | activities which are stored, treated,
or disposed of | 21 | | within the site where such wastes are generated; or
| 22 | | (1.5) conducting a landscape waste composting | 23 | | operation that (i) has no more than 25 cubic yards of | 24 | | landscape waste, composting additives, composting | 25 | | material, or end-product compost on-site at any one time | 26 | | and (ii) is not engaging in commercial activity; or |
| | | SB1089 Enrolled | - 26 - | LRB102 04912 CPF 14931 b |
|
| 1 | | (2) applying landscape waste or composted landscape | 2 | | waste at agronomic
rates; or
| 3 | | (2.5) operating a landscape waste composting facility | 4 | | at a site having 10 or more occupied non-farm residences | 5 | | within 1/2 mile of its boundaries, if the facility meets | 6 | | all of the following criteria: | 7 | | (A) the composting facility is operated by the | 8 | | farmer on property on which the composting material is | 9 | | utilized, and the composting facility
constitutes no | 10 | | more than 2% of the site's total acreage; | 11 | | (A-5) any composting additives that the composting | 12 | | facility accepts and uses at the facility are | 13 | | necessary to provide proper conditions for composting | 14 | | and do not exceed 10% of the total composting material | 15 | | at the facility at any one time; | 16 | | (B) the property on which the composting facility | 17 | | is located, and any associated property on which the | 18 | | compost is used, is principally and diligently devoted | 19 | | to the production of agricultural crops and is not | 20 | | owned, leased, or otherwise controlled by any waste | 21 | | hauler or generator of nonagricultural compost | 22 | | materials, and the operator of the composting facility | 23 | | is not an employee, partner, shareholder, or in any | 24 | | way connected with or controlled by any such waste | 25 | | hauler or generator; | 26 | | (C) all compost generated by the composting |
| | | SB1089 Enrolled | - 27 - | LRB102 04912 CPF 14931 b |
|
| 1 | | facility is applied at agronomic rates and used as | 2 | | mulch, fertilizer, or soil conditioner on land | 3 | | actually farmed by the person operating the composting | 4 | | facility, and the finished compost is not stored at | 5 | | the composting site for a period longer than 18 months | 6 | | prior to its application as mulch, fertilizer, or soil | 7 | | conditioner; | 8 | | (D) no fee is charged for the acceptance of | 9 | | materials to be composted at the facility; and | 10 | | (E) the owner or operator, by January 1, 2014 (or | 11 | | the January 1
following commencement of operation, | 12 | | whichever is later) and January 1 of
each year | 13 | | thereafter, registers the site with the Agency, (ii) | 14 | | reports to the Agency on the volume of composting | 15 | | material received and used at the site; (iii) | 16 | | certifies to the Agency that the site complies with | 17 | | the
requirements set forth in subparagraphs (A), | 18 | | (A-5), (B), (C), and (D) of this paragraph
(2.5); and | 19 | | (iv) certifies to the Agency that all composting | 20 | | material was placed more than 200 feet from the | 21 | | nearest potable water supply well, was placed outside | 22 | | the boundary of the 10-year floodplain or on a part of | 23 | | the site that is floodproofed, was placed at least 1/4 | 24 | | mile from the nearest residence (other than a | 25 | | residence located on the same property as the | 26 | | facility) or a lesser distance from the nearest |
| | | SB1089 Enrolled | - 28 - | LRB102 04912 CPF 14931 b |
|
| 1 | | residence (other than a residence located on the same | 2 | | property as the facility) if the municipality in which | 3 | | the facility is located has by ordinance approved a | 4 | | lesser distance than 1/4 mile, and was placed more | 5 | | than 5 feet above the water table; any ordinance | 6 | | approving a residential setback of less than 1/4 mile | 7 | | that is used to meet the requirements of this | 8 | | subparagraph (E) of paragraph (2.5) of this subsection | 9 | | must specifically reference this paragraph; or | 10 | | (3) operating a landscape waste composting facility on | 11 | | a farm, if the
facility meets all of the following | 12 | | criteria:
| 13 | | (A) the composting facility is operated by the | 14 | | farmer on property on
which the composting material is | 15 | | utilized, and the composting facility
constitutes no | 16 | | more than 2% of the property's total acreage, except | 17 | | that
the Board may allow a higher percentage for | 18 | | individual sites where the owner
or operator has | 19 | | demonstrated to the Board that the site's soil
| 20 | | characteristics or crop needs require a higher rate;
| 21 | | (A-1) the composting facility accepts from other | 22 | | agricultural operations for composting with landscape | 23 | | waste no materials other than uncontaminated and | 24 | | source-separated (i) crop residue and other | 25 | | agricultural plant residue generated from the | 26 | | production and harvesting of crops and other customary |
| | | SB1089 Enrolled | - 29 - | LRB102 04912 CPF 14931 b |
|
| 1 | | farm practices, including, but not limited to, stalks, | 2 | | leaves, seed pods, husks, bagasse, and roots and (ii) | 3 | | plant-derived animal bedding, such as straw or | 4 | | sawdust, that is free of manure and was not made from | 5 | | painted or treated wood; | 6 | | (A-2) any composting additives that the composting | 7 | | facility accepts and uses at the facility are | 8 | | necessary to provide proper conditions for composting | 9 | | and do not exceed 10% of the total composting material | 10 | | at the facility at any one time; | 11 | | (B) the property on which the composting facility | 12 | | is located, and any
associated property on which the | 13 | | compost is used, is principally and
diligently devoted | 14 | | to the production of agricultural crops and
is not | 15 | | owned, leased or otherwise controlled by any waste | 16 | | hauler
or generator of nonagricultural compost | 17 | | materials, and the operator of the
composting facility | 18 | | is not an employee, partner, shareholder, or in any | 19 | | way
connected with or controlled by any such waste | 20 | | hauler or generator;
| 21 | | (C) all compost generated by the composting | 22 | | facility is applied at
agronomic rates and used as | 23 | | mulch, fertilizer or soil conditioner on land
actually | 24 | | farmed by the person operating the composting | 25 | | facility, and the
finished compost is not stored at | 26 | | the composting site for a period longer
than 18 months |
| | | SB1089 Enrolled | - 30 - | LRB102 04912 CPF 14931 b |
|
| 1 | | prior to its application as mulch, fertilizer, or soil | 2 | | conditioner;
| 3 | | (D) the owner or operator, by January 1 of
each | 4 | | year, (i) registers the site with the Agency, (ii) | 5 | | reports
to the Agency on the volume of composting | 6 | | material received and used at the
site, (iii) | 7 | | certifies to the Agency that the site complies with | 8 | | the
requirements set forth in subparagraphs (A), | 9 | | (A-1), (A-2), (B), and (C) of this paragraph
(q)(3), | 10 | | and (iv) certifies to the Agency that all composting | 11 | | material: | 12 | | (I) was
placed more than 200 feet from the | 13 | | nearest potable water supply well; | 14 | | (II) was
placed outside the boundary of the | 15 | | 10-year floodplain or on a part of the
site that is | 16 | | floodproofed; | 17 | | (III) was placed either (aa) at least 1/4 mile | 18 | | from the nearest
residence (other than a residence | 19 | | located on the same property as the
facility) and | 20 | | there are not more than 10 occupied non-farm | 21 | | residences
within 1/2 mile of the boundaries of | 22 | | the site on the date of application or (bb) a | 23 | | lesser distance from the nearest residence (other | 24 | | than a residence located on the same property as | 25 | | the facility) provided that the municipality or | 26 | | county in which the facility is located has by |
| | | SB1089 Enrolled | - 31 - | LRB102 04912 CPF 14931 b |
|
| 1 | | ordinance approved a lesser distance than 1/4 mile | 2 | | and there are not more than 10 occupied non-farm | 3 | | residences
within 1/2 mile of the boundaries of | 4 | | the site on the date of application;
and | 5 | | (IV) was placed more than 5 feet above the | 6 | | water table. | 7 | | Any ordinance approving a residential setback of | 8 | | less than 1/4 mile that is used to meet the | 9 | | requirements of this subparagraph (D) must | 10 | | specifically reference this subparagraph.
| 11 | | For the purposes of this subsection (q), "agronomic rates" | 12 | | means the
application of not more than 20 tons per acre per | 13 | | year, except that the
Board may allow a higher rate for | 14 | | individual sites where the owner or
operator has demonstrated | 15 | | to the Board that the site's soil
characteristics or crop | 16 | | needs require a higher rate.
| 17 | | (r) Cause or allow the storage or disposal of coal | 18 | | combustion
waste unless:
| 19 | | (1) such waste is stored or disposed of at a site or
| 20 | | facility for which
a permit has been obtained or is not | 21 | | otherwise required under subsection
(d) of this Section; | 22 | | or
| 23 | | (2) such waste is stored or disposed of as a part of
| 24 | | the design and
reclamation of a site or facility which is | 25 | | an abandoned mine site in
accordance with the Abandoned | 26 | | Mined Lands and Water Reclamation Act; or
|
| | | SB1089 Enrolled | - 32 - | LRB102 04912 CPF 14931 b |
|
| 1 | | (3) such waste is stored or disposed of at a site or
| 2 | | facility which is
operating under NPDES and Subtitle D | 3 | | permits issued by the Agency pursuant
to regulations | 4 | | adopted by the Board for mine-related water pollution and
| 5 | | permits issued pursuant to the federal Federal Surface | 6 | | Mining Control and
Reclamation Act of 1977 (P.L. 95-87) or | 7 | | the rules and regulations
thereunder or any law or rule or | 8 | | regulation adopted by the State of
Illinois pursuant | 9 | | thereto, and the owner or operator of the facility agrees
| 10 | | to accept the waste; and either :
| 11 | | (i) such waste is stored or disposed of in | 12 | | accordance
with requirements
applicable to refuse | 13 | | disposal under regulations adopted by the Board for
| 14 | | mine-related water pollution and pursuant to NPDES and | 15 | | Subtitle D permits
issued by the Agency under such | 16 | | regulations; or
| 17 | | (ii) the owner or operator of the facility | 18 | | demonstrates all of the
following to the Agency, and | 19 | | the facility is operated in accordance with
the | 20 | | demonstration as approved by the Agency: (1) the | 21 | | disposal area will be
covered in a manner that will | 22 | | support continuous vegetation, (2) the
facility will | 23 | | be adequately protected from wind and water erosion, | 24 | | (3) the
pH will be maintained so as to prevent | 25 | | excessive leaching of metal ions,
and (4) adequate | 26 | | containment or other measures will be provided to |
| | | SB1089 Enrolled | - 33 - | LRB102 04912 CPF 14931 b |
|
| 1 | | protect
surface water and groundwater from | 2 | | contamination at levels prohibited by
this Act, the | 3 | | Illinois Groundwater Protection Act, or regulations | 4 | | adopted
pursuant thereto.
| 5 | | Notwithstanding any other provision of this Title, the | 6 | | disposal of coal
combustion waste pursuant to item (2) or (3) | 7 | | of this
subdivision (r) shall
be exempt from the other | 8 | | provisions of this Title V, and notwithstanding
the provisions | 9 | | of Title X of this Act, the Agency is authorized to grant
| 10 | | experimental permits which include provision for the disposal | 11 | | of
wastes from the combustion of coal and other materials | 12 | | pursuant to items
(2) and (3) of this subdivision (r).
| 13 | | (s) After April 1, 1989, offer for transportation, | 14 | | transport, deliver,
receive or accept special waste for which | 15 | | a manifest is required, unless
the manifest indicates that the | 16 | | fee required under Section 22.8 of this
Act has been paid.
| 17 | | (t) Cause or allow a lateral expansion of a municipal | 18 | | solid waste landfill
unit on or after October 9, 1993, without | 19 | | a permit modification, granted by the
Agency, that authorizes | 20 | | the lateral expansion.
| 21 | | (u) Conduct any vegetable by-product treatment, storage, | 22 | | disposal or
transportation operation in violation of any | 23 | | regulation, standards or permit
requirements adopted by the | 24 | | Board under this Act. However, no permit shall be
required | 25 | | under this Title V for the land application of vegetable | 26 | | by-products
conducted pursuant to Agency permit issued under |
| | | SB1089 Enrolled | - 34 - | LRB102 04912 CPF 14931 b |
|
| 1 | | Title III of this Act to
the generator of the vegetable | 2 | | by-products. In addition, vegetable by-products
may be | 3 | | transported in this State without a special waste hauling | 4 | | permit, and
without the preparation and carrying of a | 5 | | manifest.
| 6 | | (v) (Blank).
| 7 | | (w) Conduct any generation, transportation, or recycling | 8 | | of construction or
demolition debris, clean or general, or | 9 | | uncontaminated soil generated during
construction, remodeling, | 10 | | repair, and demolition of utilities, structures, and
roads | 11 | | that is not commingled with any waste, without the maintenance | 12 | | of
documentation identifying the hauler, generator, place of | 13 | | origin of the debris
or soil, the weight or volume of the | 14 | | debris or soil, and the location, owner,
and operator of the | 15 | | facility where the debris or soil was transferred,
disposed, | 16 | | recycled, or treated. This documentation must be maintained by | 17 | | the
generator, transporter, or recycler for 3 years.
This | 18 | | subsection (w) shall not apply to (1) a permitted pollution | 19 | | control
facility that transfers or accepts construction or | 20 | | demolition debris,
clean or general, or uncontaminated soil | 21 | | for final disposal, recycling, or
treatment, (2) a public | 22 | | utility (as that term is defined in the Public
Utilities Act) | 23 | | or a municipal utility, (3) the Illinois Department of
| 24 | | Transportation, or (4) a municipality or a county highway | 25 | | department, with
the exception of any municipality or county | 26 | | highway department located within a
county having a population |
| | | SB1089 Enrolled | - 35 - | LRB102 04912 CPF 14931 b |
|
| 1 | | of over 3,000,000 inhabitants or located in a county
that
is | 2 | | contiguous to a county having a population of over 3,000,000 | 3 | | inhabitants;
but it shall apply to an entity that contracts | 4 | | with a public utility, a
municipal utility, the Illinois | 5 | | Department of Transportation, or a
municipality or a county | 6 | | highway department.
The terms
"generation" and "recycling" , as
| 7 | | used in this subsection , do not
apply to clean construction or | 8 | | demolition debris
when (i) used as fill material below grade | 9 | | outside of a setback zone
if covered by sufficient | 10 | | uncontaminated soil to support vegetation within 30
days of | 11 | | the completion of filling or if covered by a road or structure, | 12 | | (ii)
solely broken concrete without
protruding metal bars is | 13 | | used for erosion control, or (iii) milled
asphalt or crushed | 14 | | concrete is used as aggregate in construction of the
shoulder | 15 | | of a roadway. The terms "generation" and "recycling", as used | 16 | | in this
subsection, do not apply to uncontaminated soil
that | 17 | | is not commingled with any waste when (i) used as fill material | 18 | | below
grade or contoured to grade, or (ii) used at the site of | 19 | | generation.
| 20 | | (Source: P.A. 100-103, eff. 8-11-17; 101-171, eff. 7-30-19; | 21 | | revised 9-12-19.)
| 22 | | (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
| 23 | | Sec. 22.15. Solid Waste Management Fund; fees.
| 24 | | (a) There is hereby created within the State Treasury a
| 25 | | special fund to be known as the Solid Waste Management Fund, to |
| | | SB1089 Enrolled | - 36 - | LRB102 04912 CPF 14931 b |
|
| 1 | | be
constituted from the fees collected by the State pursuant | 2 | | to this Section,
from repayments of loans made from the Fund | 3 | | for solid waste projects, from registration fees collected | 4 | | pursuant to the Consumer Electronics Recycling Act, and from | 5 | | amounts transferred into the Fund pursuant to Public Act | 6 | | 100-433.
Moneys received by the Department of Commerce and | 7 | | Economic Opportunity
in repayment of loans made pursuant to | 8 | | the Illinois Solid Waste Management
Act shall be deposited | 9 | | into the General Revenue Fund.
| 10 | | (b) The Agency shall assess and collect a
fee in the amount | 11 | | set forth herein from the owner or operator of each sanitary
| 12 | | landfill permitted or required to be permitted by the Agency | 13 | | to dispose of
solid waste if the sanitary landfill is located | 14 | | off the site where such waste
was produced and if such sanitary | 15 | | landfill is owned, controlled, and operated
by a person other | 16 | | than the generator of such waste. The Agency shall deposit
all | 17 | | fees collected into the Solid Waste Management Fund. If a site | 18 | | is
contiguous to one or more landfills owned or operated by the | 19 | | same person, the
volumes permanently disposed of by each | 20 | | landfill shall be combined for purposes
of determining the fee | 21 | | under this subsection. Beginning on July 1, 2018, and on the | 22 | | first day of each month thereafter during fiscal years 2019 | 23 | | through 2021, the State Comptroller shall direct and State | 24 | | Treasurer shall transfer an amount equal to 1/12 of $5,000,000 | 25 | | per fiscal year from the Solid Waste Management Fund to the | 26 | | General Revenue Fund.
|
| | | SB1089 Enrolled | - 37 - | LRB102 04912 CPF 14931 b |
|
| 1 | | (1) If more than 150,000 cubic yards of non-hazardous | 2 | | solid waste is
permanently disposed of at a site in a | 3 | | calendar year, the owner or operator
shall either pay a | 4 | | fee of 95 cents per cubic yard or,
alternatively, the | 5 | | owner or operator may weigh the quantity of the solid | 6 | | waste
permanently disposed of with a device for which | 7 | | certification has been obtained
under the Weights and | 8 | | Measures Act and pay a fee of $2.00 per
ton of solid waste | 9 | | permanently disposed of. In no case shall the fee | 10 | | collected
or paid by the owner or operator under this | 11 | | paragraph exceed $1.55 per cubic yard or $3.27 per ton.
| 12 | | (2) If more than 100,000 cubic yards but not more than | 13 | | 150,000 cubic
yards of non-hazardous waste is permanently | 14 | | disposed of at a site in a calendar
year, the owner or | 15 | | operator shall pay a fee of $52,630.
| 16 | | (3) If more than 50,000 cubic yards but not more than | 17 | | 100,000 cubic
yards of non-hazardous solid waste is | 18 | | permanently disposed of at a site
in a calendar year, the | 19 | | owner or operator shall pay a fee of $23,790.
| 20 | | (4) If more than 10,000 cubic yards but not more than | 21 | | 50,000 cubic
yards of non-hazardous solid waste is | 22 | | permanently disposed of at a site
in a calendar year, the | 23 | | owner or operator shall pay a fee of $7,260.
| 24 | | (5) If not more than 10,000 cubic yards of | 25 | | non-hazardous solid waste is
permanently disposed of at a | 26 | | site in a calendar year, the owner or operator
shall pay a |
| | | SB1089 Enrolled | - 38 - | LRB102 04912 CPF 14931 b |
|
| 1 | | fee of $1050.
| 2 | | (c) (Blank).
| 3 | | (d) The Agency shall establish rules relating to the | 4 | | collection of the
fees authorized by this Section. Such rules | 5 | | shall include, but not be
limited to:
| 6 | | (1) necessary records identifying the quantities of | 7 | | solid waste received
or disposed;
| 8 | | (2) the form and submission of reports to accompany | 9 | | the payment of fees
to the Agency;
| 10 | | (3) the time and manner of payment of fees to the | 11 | | Agency, which payments
shall not be more often than | 12 | | quarterly; and
| 13 | | (4) procedures setting forth criteria establishing | 14 | | when an owner or
operator may measure by weight or volume | 15 | | during any given quarter or other
fee payment period.
| 16 | | (e) Pursuant to appropriation, all monies in the Solid | 17 | | Waste Management
Fund shall be used by the Agency and the | 18 | | Department of Commerce and Economic Opportunity for the | 19 | | purposes set forth in this Section and in the Illinois
Solid | 20 | | Waste Management Act, including for the costs of fee | 21 | | collection and
administration, and for the administration of | 22 | | (1) the Consumer Electronics Recycling Act and (2) until | 23 | | January 1, 2020, the Electronic Products Recycling and Reuse | 24 | | Act.
| 25 | | (f) The Agency is authorized to enter into such agreements | 26 | | and to
promulgate such rules as are necessary to carry out its |
| | | SB1089 Enrolled | - 39 - | LRB102 04912 CPF 14931 b |
|
| 1 | | duties under this
Section and the Illinois Solid Waste | 2 | | Management Act.
| 3 | | (g) On the first day of January, April, July, and October | 4 | | of each year,
beginning on July 1, 1996, the State Comptroller | 5 | | and Treasurer shall
transfer $500,000 from the Solid Waste | 6 | | Management Fund to the Hazardous Waste
Fund. Moneys | 7 | | transferred under this subsection (g) shall be used only for | 8 | | the
purposes set forth in item (1) of subsection (d) of Section | 9 | | 22.2.
| 10 | | (h) The Agency is authorized to provide financial | 11 | | assistance to units of
local government for the performance of | 12 | | inspecting, investigating and
enforcement activities pursuant | 13 | | to Section 4(r) at nonhazardous solid
waste disposal sites.
| 14 | | (i) The Agency is authorized to conduct household waste | 15 | | collection and
disposal programs.
| 16 | | (j) A unit of local government, as defined in the Local | 17 | | Solid Waste Disposal
Act, in which a solid waste disposal | 18 | | facility is located may establish a fee,
tax, or surcharge | 19 | | with regard to the permanent disposal of solid waste.
All | 20 | | fees, taxes, and surcharges collected under this subsection | 21 | | shall be
utilized for solid waste management purposes, | 22 | | including long-term monitoring
and maintenance of landfills, | 23 | | planning, implementation, inspection, enforcement
and other | 24 | | activities consistent with the Solid Waste Management Act and | 25 | | the
Local Solid Waste Disposal Act, or for any other | 26 | | environment-related purpose,
including but not limited to an |
| | | SB1089 Enrolled | - 40 - | LRB102 04912 CPF 14931 b |
|
| 1 | | environment-related public works project, but
not for the | 2 | | construction of a new pollution control facility other than a
| 3 | | household hazardous waste facility. However, the total fee, | 4 | | tax or surcharge
imposed by all units of local government | 5 | | under this subsection (j) upon the
solid waste disposal | 6 | | facility shall not exceed:
| 7 | | (1) 60˘ per cubic yard if more than 150,000 cubic | 8 | | yards of non-hazardous
solid waste is permanently disposed | 9 | | of at the site in a calendar year, unless
the owner or | 10 | | operator weighs the quantity of the solid waste received | 11 | | with a
device for which certification has been obtained | 12 | | under the Weights and Measures
Act, in which case the fee | 13 | | shall not exceed $1.27 per ton of solid waste
permanently | 14 | | disposed of.
| 15 | | (2) $33,350 if more than 100,000
cubic yards, but not | 16 | | more than 150,000 cubic yards, of non-hazardous waste
is | 17 | | permanently disposed of at the site in a calendar year.
| 18 | | (3) $15,500 if more than 50,000 cubic
yards, but not | 19 | | more than 100,000 cubic yards, of non-hazardous solid | 20 | | waste is
permanently disposed of at the site in a calendar | 21 | | year.
| 22 | | (4) $4,650 if more than 10,000 cubic
yards, but not | 23 | | more than 50,000 cubic yards, of non-hazardous solid waste
| 24 | | is permanently disposed of at the site in a calendar year.
| 25 | | (5) $650 if not more than 10,000 cubic
yards of | 26 | | non-hazardous solid waste is permanently disposed of at |
| | | SB1089 Enrolled | - 41 - | LRB102 04912 CPF 14931 b |
|
| 1 | | the site in
a calendar year.
| 2 | | The corporate authorities of the unit of local government
| 3 | | may use proceeds from the fee, tax, or surcharge to reimburse a | 4 | | highway
commissioner whose road district lies wholly or | 5 | | partially within the
corporate limits of the unit of local | 6 | | government for expenses incurred in
the removal of | 7 | | nonhazardous, nonfluid municipal waste that has been dumped
on | 8 | | public property in violation of a State law or local | 9 | | ordinance.
| 10 | | For the disposal of solid waste from general construction
| 11 | | or demolition debris recovery facilities as defined in | 12 | | subsection (a-1) of Section 3.160, the total fee, tax, or | 13 | | surcharge imposed by
all units of local government under this | 14 | | subsection (j) upon
the solid waste disposal facility shall | 15 | | not exceed 50% of the
applicable amount set forth above. A unit | 16 | | of local government,
as defined in the Local Solid Waste | 17 | | Disposal Act, in which a
general construction or demolition | 18 | | debris recovery facility is
located may establish a fee, tax, | 19 | | or surcharge on the general construction or demolition debris | 20 | | recovery facility with
regard to the permanent disposal of | 21 | | solid waste by the
general construction or demolition debris | 22 | | recovery facility at
a solid waste disposal facility, provided | 23 | | that such fee, tax,
or surcharge shall not exceed 50% of the | 24 | | applicable amount set
forth above, based on the total amount | 25 | | of solid waste transported from the general construction or | 26 | | demolition debris recovery facility for disposal at solid |
| | | SB1089 Enrolled | - 42 - | LRB102 04912 CPF 14931 b |
|
| 1 | | waste disposal facilities, and the unit of local government | 2 | | and fee shall be
subject to all other requirements of this | 3 | | subsection (j). | 4 | | A county or Municipal Joint Action Agency that imposes a | 5 | | fee, tax, or
surcharge under this subsection may use the | 6 | | proceeds thereof to reimburse a
municipality that lies wholly | 7 | | or partially within its boundaries for expenses
incurred in | 8 | | the removal of nonhazardous, nonfluid municipal waste that has | 9 | | been
dumped on public property in violation of a State law or | 10 | | local ordinance.
| 11 | | If the fees are to be used to conduct a local sanitary | 12 | | landfill
inspection or enforcement program, the unit of local | 13 | | government must enter
into a written delegation agreement with | 14 | | the Agency pursuant to subsection
(r) of Section 4. The unit of | 15 | | local government and the Agency shall enter
into such a | 16 | | written delegation agreement within 60 days after the
| 17 | | establishment of such fees. At least annually,
the Agency | 18 | | shall conduct an audit of the expenditures made by units of | 19 | | local
government from the funds granted by the Agency to the | 20 | | units of local
government for purposes of local sanitary | 21 | | landfill inspection and enforcement
programs, to ensure that | 22 | | the funds have been expended for the prescribed
purposes under | 23 | | the grant.
| 24 | | The fees, taxes or surcharges collected under this | 25 | | subsection (j) shall
be placed by the unit of local government | 26 | | in a separate fund, and the
interest received on the moneys in |
| | | SB1089 Enrolled | - 43 - | LRB102 04912 CPF 14931 b |
|
| 1 | | the fund shall be credited to the fund. The
monies in the fund | 2 | | may be accumulated over a period of years to be
expended in | 3 | | accordance with this subsection.
| 4 | | A unit of local government, as defined in the Local Solid | 5 | | Waste Disposal
Act, shall prepare and post on its website | 6 | | distribute to the Agency , in April of each year, a
report that | 7 | | details spending plans for monies collected in accordance with
| 8 | | this subsection. The report will at a minimum include the | 9 | | following:
| 10 | | (1) The total monies collected pursuant to this | 11 | | subsection.
| 12 | | (2) The most current balance of monies collected | 13 | | pursuant to this
subsection.
| 14 | | (3) An itemized accounting of all monies expended for | 15 | | the previous year
pursuant to this subsection.
| 16 | | (4) An estimation of monies to be collected for the | 17 | | following 3
years pursuant to this subsection.
| 18 | | (5) A narrative detailing the general direction and | 19 | | scope of future
expenditures for one, 2 and 3 years.
| 20 | | The exemptions granted under Sections 22.16 and 22.16a, | 21 | | and under
subsection (k) of this Section, shall be applicable | 22 | | to any fee,
tax or surcharge imposed under this subsection | 23 | | (j); except that the fee,
tax or surcharge authorized to be | 24 | | imposed under this subsection (j) may be
made applicable by a | 25 | | unit of local government to the permanent disposal of
solid | 26 | | waste after December 31, 1986, under any contract lawfully |
| | | SB1089 Enrolled | - 44 - | LRB102 04912 CPF 14931 b |
|
| 1 | | executed
before June 1, 1986 under which more than 150,000 | 2 | | cubic yards (or 50,000 tons)
of solid waste is to be | 3 | | permanently disposed of, even though the waste is
exempt from | 4 | | the fee imposed by the State under subsection (b) of this | 5 | | Section
pursuant to an exemption granted under Section 22.16.
| 6 | | (k) In accordance with the findings and purposes of the | 7 | | Illinois Solid
Waste Management Act, beginning January 1, 1989 | 8 | | the fee under subsection
(b) and the fee, tax or surcharge | 9 | | under subsection (j) shall not apply to:
| 10 | | (1) waste which is hazardous waste;
| 11 | | (2) waste which is pollution control waste;
| 12 | | (3) waste from recycling, reclamation or reuse | 13 | | processes which have been
approved by the Agency as being | 14 | | designed to remove any contaminant from
wastes so as to | 15 | | render such wastes reusable, provided that the process
| 16 | | renders at least 50% of the waste reusable ; the exemption | 17 | | set forth in this paragraph (3) of this subsection (k) | 18 | | shall not apply to general construction or demolition | 19 | | debris recovery
facilities as defined in subsection (a-1) | 20 | | of Section 3.160 ;
| 21 | | (4) non-hazardous solid waste that is received at a | 22 | | sanitary landfill
and composted or recycled through a | 23 | | process permitted by the Agency; or
| 24 | | (5) any landfill which is permitted by the Agency to | 25 | | receive only
demolition or construction debris or | 26 | | landscape waste.
|
| | | SB1089 Enrolled | - 45 - | LRB102 04912 CPF 14931 b |
|
| 1 | | (Source: P.A. 100-103, eff. 8-11-17; 100-433, eff. 8-25-17; | 2 | | 100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff. | 3 | | 8-14-18; 101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
| 4 | | (415 ILCS 5/22.38)
| 5 | | Sec. 22.38. General construction or demolition debris | 6 | | recovery facilities Facilities accepting exclusively general | 7 | | construction or
demolition debris
for transfer, storage, or | 8 | | treatment .
| 9 | | (a) General construction or demolition debris recovery | 10 | | facilities Facilities accepting exclusively general | 11 | | construction or demolition
debris for
transfer, storage, or | 12 | | treatment shall be subject to local zoning, ordinance,
and
| 13 | | land use requirements.
General construction or demolition | 14 | | debris recovery Those facilities shall be located in | 15 | | accordance with local zoning requirements
or, in the absence | 16 | | of local zoning requirements, shall be located so that no
part | 17 | | of the facility boundary is closer than 1,320 feet from the | 18 | | nearest
property zoned for primarily residential use.
| 19 | | (b) An owner or operator of a general construction or | 20 | | demolition debris recovery facility accepting exclusively | 21 | | general
construction or demolition debris for transfer, | 22 | | storage, or treatment shall:
| 23 | | (0.5) Ensure that no less than 40% of the total | 24 | | general construction or
demolition debris received at the | 25 | | facility on a rolling 12-month average basis is recyclable |
| | | SB1089 Enrolled | - 46 - | LRB102 04912 CPF 14931 b |
|
| 1 | | general construction or demolition debris as defined in | 2 | | subsection (c). The percentage in this paragraph
(0.5) of | 3 | | subsection (b) shall be calculated by weight.
| 4 | | (1) Within 48 hours after receipt of the general | 5 | | construction or demolition
debris at the facility, sort | 6 | | the general construction or demolition debris to
separate | 7 | | the (i)
recyclable general construction or demolition | 8 | | debris and (ii) wood being , recovered wood that is | 9 | | processed for use as fuel from all other general | 10 | | construction or demolition debris , and general | 11 | | construction or demolition debris that is processed for | 12 | | use at a landfill from the non-recyclable
general | 13 | | construction or demolition debris that is to be disposed | 14 | | of or discarded .
| 15 | | (2) Transport off site for disposal, in accordance | 16 | | with all applicable federal, State, and local | 17 | | requirements , within 72 hours after its receipt at the | 18 | | facility, all non-usable or non-recyclable general
| 19 | | construction or demolition debris that is not (i) | 20 | | recyclable general construction or demolition debris or | 21 | | (ii) wood being , recovered wood that is processed for use | 22 | | as fuel , or general construction or demolition debris that | 23 | | is processed for use at a landfill .
| 24 | | (3) Use best management practices to identify and | 25 | | remove all drywall and other wallboard containing gypsum | 26 | | from the (i) recyclable general construction or demolition |
| | | SB1089 Enrolled | - 47 - | LRB102 04912 CPF 14931 b |
|
| 1 | | debris and (ii) wood being recovered for use as fuel, | 2 | | prior to any mechanical sorting, separating, grinding, or | 3 | | other processing. Limit the percentage of incoming | 4 | | non-recyclable general construction
or demolition debris | 5 | | to 25% or
less of the total incoming general construction | 6 | | or demolition debris, so that 75% or more of the general | 7 | | construction or demolition debris accepted, as calculated | 8 | | monthly on a rolling 12-month average, consists of | 9 | | recyclable general construction or demolition debris, | 10 | | recovered wood that is processed for use as fuel, or | 11 | | general construction or demolition debris that is | 12 | | processed for use at a landfill except that general | 13 | | construction or demolition debris processed for use at a | 14 | | landfill shall not exceed 35% of the general construction | 15 | | or demolition debris accepted on a rolling 12-month | 16 | | average basis. The percentages in this paragraph (3) of | 17 | | subsection (b) shall be calculated by weight, using scales | 18 | | located at the facility that are certified under the | 19 | | Weights and Measures Act.
| 20 | | (4) Within 45 calendar days after receipt, transport | 21 | | off-site all putrescible recyclable general construction | 22 | | or demolition debris and all wood recovered for use as | 23 | | fuel. Within 6 months after its receipt at the facility, | 24 | | transport: | 25 | | (A) all non-putrescible recyclable general | 26 | | construction or
demolition debris
for recycling or |
| | | SB1089 Enrolled | - 48 - | LRB102 04912 CPF 14931 b |
|
| 1 | | disposal; and | 2 | | (B) all non-putrescible general construction or | 3 | | demolition debris that is processed for use at a | 4 | | landfill to a MSWLF unit for use or disposal.
| 5 | | (5) Within 6 months after receipt, transport off-site | 6 | | all non-putrescible recyclable general construction or | 7 | | demolition debris. 45 days after its receipt at the | 8 | | facility, transport: | 9 | | (A) all putrescible or combustible recyclable | 10 | | general
construction or demolition debris
(excluding | 11 | | recovered wood that is processed for use as fuel) for | 12 | | recycling or disposal; | 13 | | (B) all recovered wood that is processed for use | 14 | | as fuel to an intermediate processing facility for | 15 | | sizing, to a combustion facility for use as fuel, or to | 16 | | a disposal facility; and | 17 | | (C) all putrescible general construction or | 18 | | demolition debris that is processed for use at a | 19 | | landfill to a MSWLF unit for use or disposal.
| 20 | | (6) Employ tagging and recordkeeping procedures to , at | 21 | | a minimum, (i) demonstrate
compliance
with this Section , | 22 | | and (ii) identify the type, amount, source , and | 23 | | transporter of material
accepted by the facility , and | 24 | | (iii) identify the type, amount, destination, and | 25 | | transporter of material transported from the facility. | 26 | | Records shall be maintained in a form and format |
| | | SB1089 Enrolled | - 49 - | LRB102 04912 CPF 14931 b |
|
| 1 | | prescribed by the Agency, and beginning October 1, 2021, | 2 | | no later than every October 1, January 1, April 1, and July | 3 | | 1 thereafter the records shall be summarized in quarterly | 4 | | reports submitted to the Agency in a form and format | 5 | | prescribed by the Agency .
| 6 | | (7) Control odor, noise, combustion of materials, | 7 | | disease vectors, dust,
and litter.
| 8 | | (8) Control, manage, and dispose of any storm water | 9 | | runoff and leachate
generated at the facility in | 10 | | accordance with applicable federal, State, and
local | 11 | | requirements.
| 12 | | (9) Control access to the facility.
| 13 | | (10) Comply with all applicable federal, State, or | 14 | | local requirements for
the handling, storage, | 15 | | transportation, or disposal of asbestos-containing
| 16 | | material or other material accepted at the
facility that | 17 | | is not general construction or demolition debris.
| 18 | | (11) For an owner or operator that first received | 19 | | general construction or demolition debris prior to August | 20 | | 24, 2009, submit to the Agency, no later than 6 months | 21 | | after the effective date of rules adopted by the Board | 22 | | under subsection (n), a permit application for a general | 23 | | construction or demolition debris recovery facility. Prior | 24 | | to August 24, 2009 (the effective date of Public Act | 25 | | 96-611), submit to the Agency at least 30 days prior to the | 26 | | initial acceptance
of general construction or demolition |
| | | SB1089 Enrolled | - 50 - | LRB102 04912 CPF 14931 b |
|
| 1 | | debris at the facility, on forms provided
by the Agency, | 2 | | the following information:
| 3 | | (A) the name, address, and telephone number of | 4 | | both the facility owner
and operator;
| 5 | | (B) the street address and location of the | 6 | | facility;
| 7 | | (C) a description of facility operations;
| 8 | | (D) a description of the tagging and recordkeeping | 9 | | procedures the
facility will employ to (i) demonstrate | 10 | | compliance with this Section and (ii)
identify the | 11 | | source and transporter of any material accepted by the | 12 | | facility;
| 13 | | (E) the name and location of the disposal sites to | 14 | | be used for the
disposal of any general construction | 15 | | or demolition debris received at the facility that | 16 | | must be disposed of;
| 17 | | (F) the name and location of an individual, | 18 | | facility, or business to
which recyclable materials | 19 | | will be transported;
| 20 | | (G) the name and location of intermediate | 21 | | processing facilities or combustion facilities to | 22 | | which recovered wood that is processed for use as fuel | 23 | | will be transported; and
| 24 | | (H) other information as specified on the form | 25 | | provided by the Agency.
| 26 | | (12) On or after August 24, 2009 (the effective date |
| | | SB1089 Enrolled | - 51 - | LRB102 04912 CPF 14931 b |
|
| 1 | | of Public Act 96-611), obtain a permit for the operation | 2 | | of a general construction or demolition debris recovery | 3 | | facility issued by the Agency prior to the initial | 4 | | acceptance of general construction or demolition debris at | 5 | | the facility.
| 6 | | When any of the information contained or processes | 7 | | described in the initial
notification form submitted to | 8 | | the Agency under paragraph (11) of subsection (b) of this | 9 | | Section changes, the owner and operator shall
submit an | 10 | | updated form within 14 days of the change.
| 11 | | (c) For purposes of this Section, the term "recyclable | 12 | | general
construction or demolition debris" means general | 13 | | construction or demolition
debris that is being reclaimed from | 14 | | the general construction or demolition debris waste stream and | 15 | | (i) is has been rendered reusable and is reused or (ii) that | 16 | | would otherwise
be disposed of or discarded but is collected, | 17 | | separated, or processed and
returned to the economic | 18 | | mainstream in the form of raw materials or products.
| 19 | | "Recyclable general construction or demolition debris" does | 20 | | not include (i) general
construction or demolition debris that | 21 | | is (i) recovered processed for use as fuel or that is | 22 | | otherwise , incinerated or ,
burned, (ii) buried , or otherwise | 23 | | used as fill material , including, but not limited to,
the use | 24 | | of any clean construction or demolition debris
fraction of | 25 | | general construction or demolition debris as
fill material | 26 | | under subsection (b) of Section 3.160 or at a
clean |
| | | SB1089 Enrolled | - 52 - | LRB102 04912 CPF 14931 b |
|
| 1 | | construction or demolition debris fill operation
under Section | 2 | | 22.51, or (iii) disposed of at a landfill (ii) general | 3 | | construction or demolition debris that is processed for use at | 4 | | a landfill .
| 5 | | (d) (Blank). For purposes of this Section, "treatment" | 6 | | means processing
designed to alter the physical nature of the | 7 | | general construction or
demolition debris, including but not | 8 | | limited to size reduction, crushing,
grinding, or
| 9 | | homogenization, but does not include processing designed to | 10 | | change the chemical
nature of the general construction or | 11 | | demolition debris.
| 12 | | (e) For purposes of this Section, wood recovered for use | 13 | | as fuel is "recovered wood that is processed for use as fuel" | 14 | | means wood that is recovered has been salvaged from the | 15 | | general construction or demolition debris waste stream and | 16 | | processed for use as fuel, as authorized by the applicable | 17 | | state or federal environmental regulatory authority, and | 18 | | supplied only to intermediate processing facilities for | 19 | | sizing, or to combustion facilities for use as fuel, that have | 20 | | obtained all necessary waste management and air permits for | 21 | | handling and combustion of the fuel. | 22 | | (f) (Blank). For purposes of this Section, "non-recyclable | 23 | | general construction or demolition debris" does not include | 24 | | "recovered wood that is processed for use as fuel" or general | 25 | | construction or demolition debris that is processed for use at | 26 | | a landfill. |
| | | SB1089 Enrolled | - 53 - | LRB102 04912 CPF 14931 b |
|
| 1 | | (g) (Blank). Recyclable general construction or demolition | 2 | | debris, recovered wood that is processed for use as fuel, and | 3 | | general construction or demolition debris that is processed | 4 | | for use at a landfill shall not be considered as meeting the | 5 | | 75% diversion requirement for purposes of subdivision (b)(3) | 6 | | of this Section if sent for disposal at the end of the | 7 | | applicable retention period. | 8 | | (h) (Blank). For the purposes of this Section, "general | 9 | | construction or demolition debris that is processed for use at | 10 | | a landfill" means general construction or demolition debris | 11 | | that is processed for use at a MSWLF unit as alternative daily | 12 | | cover, road building material, or drainage structure building | 13 | | material in accordance with the MSWLF unit's waste disposal | 14 | | permit issued by the Agency under this Act. | 15 | | (i) (Blank). For purposes of the 75% diversion requirement | 16 | | under subdivision (b)(3) of this Section, owners and operators | 17 | | of facilities accepting exclusively general construction or | 18 | | demolition debris for transfer, storage, or treatment may | 19 | | multiply by 2 the amount of accepted asphalt roofing shingles | 20 | | that are transferred to a facility for recycling in accordance | 21 | | with a beneficial use determination issued under Section 22.54 | 22 | | of this Act. The owner or operator of the facility accepting | 23 | | exclusively general construction or demolition debris for | 24 | | transfer, storage, or treatment must maintain receipts from | 25 | | the shingle recycling facility that document the amounts of | 26 | | asphalt roofing shingles transferred for recycling in |
| | | SB1089 Enrolled | - 54 - | LRB102 04912 CPF 14931 b |
|
| 1 | | accordance with the beneficial use determination. All receipts | 2 | | must be maintained for a minimum of 3 years and must be made | 3 | | available to the Agency for inspection and copying during | 4 | | normal business hours. | 5 | | (j) No person shall cause or allow the acceptance of any | 6 | | waste at a general construction or demolition debris recovery | 7 | | facility, other than general construction or demolition | 8 | | debris. | 9 | | (k) No person shall cause or allow the deposit or other
| 10 | | placement of any general construction or demolition debris
| 11 | | that is received at a general construction or demolition
| 12 | | debris recovery facility, including any clean construction
or | 13 | | demolition debris fraction, into or on any land or
water. | 14 | | However, any clean construction or
demolition debris fraction | 15 | | may be used as fill or road
construction material at a clean | 16 | | construction or demolition
debris fill operation under Section | 17 | | 22.51 and any rules or regulations
adopted thereunder if the | 18 | | clean construction or demolition
debris is separated and | 19 | | managed separately from other
general construction or | 20 | | demolition debris and otherwise
meets the requirements | 21 | | applicable to clean construction or
demolition debris at a | 22 | | clean construction or demolition
debris fill operation. | 23 | | (l) Beginning one year after the effective date of rules | 24 | | adopted by the Board under subsection (n), no person shall own | 25 | | or operate a general construction or demolition debris | 26 | | recovery facility without a permit issued by the Agency. |
| | | SB1089 Enrolled | - 55 - | LRB102 04912 CPF 14931 b |
|
| 1 | | (m) In addition to any other requirements of this Act, no | 2 | | person shall, at a general construction or demolition debris | 3 | | recovery facility, cause or allow the storage or treatment of | 4 | | general construction or demolition debris in violation of this | 5 | | Act, any regulations or standards adopted under this Act, or | 6 | | any condition of a permit issued under this Act. | 7 | | (n) No later than one year after the effective date of this | 8 | | amendatory Act of the 102nd General Assembly, the Agency shall | 9 | | propose to the Board, and no later than one year after receipt | 10 | | of the Agency's proposal, the Board shall adopt, rules for the | 11 | | permitting of general construction or demolition debris | 12 | | recovery facilities. Such rules shall include, but not be | 13 | | limited to: requirements for material receipt, handling, | 14 | | storage, and transfer; improvements to best management | 15 | | practices for identifying, testing for, and removing drywall | 16 | | containing gypsum; recordkeeping; reporting; limiting or | 17 | | prohibiting sulfur in wallboard used or disposed of at | 18 | | landfills; and requirements for the separation and separate | 19 | | management of any clean construction or demolition debris that | 20 | | will be transported to a clean construction or demolition | 21 | | debris fill operation. | 22 | | (Source: P.A. 96-235, eff. 8-11-09; 96-611, eff. 8-24-09; | 23 | | 96-1000, eff. 7-2-10; 97-230, eff. 7-28-11; 97-314, eff. | 24 | | 1-1-12; 97-813, eff. 7-13-12.)
| 25 | | (415 ILCS 5/22.44)
|
| | | SB1089 Enrolled | - 56 - | LRB102 04912 CPF 14931 b |
|
| 1 | | Sec. 22.44. Subtitle D management fees.
| 2 | | (a) There is created within the State treasury a special | 3 | | fund to be
known as the "Subtitle D Management Fund" | 4 | | constituted from the fees collected
by the State under this | 5 | | Section.
| 6 | | (b) The Agency shall assess and collect
a fee in the amount | 7 | | set forth in this subsection from the owner or operator of
each | 8 | | sanitary landfill permitted or required to be permitted by the | 9 | | Agency to
dispose of solid waste if the sanitary landfill is | 10 | | located off the site where
the waste was produced and if the | 11 | | sanitary landfill is owned, controlled, and
operated by a | 12 | | person other than the generator of the waste. The Agency shall
| 13 | | deposit all fees collected under this subsection into the | 14 | | Subtitle D
Management Fund. If a site is contiguous to one or | 15 | | more landfills owned or
operated by the same person, the | 16 | | volumes permanently disposed of by each
landfill shall be | 17 | | combined for purposes of determining the fee under this
| 18 | | subsection.
| 19 | | (1) If more than 150,000 cubic yards of non-hazardous | 20 | | solid waste is
permanently disposed of at a site in a | 21 | | calendar year, the owner or operator
shall either pay a | 22 | | fee of 10.1 cents per cubic yard or,
alternatively, the | 23 | | owner or operator may weigh the quantity of the solid | 24 | | waste
permanently disposed of with a device for which | 25 | | certification has been obtained
under the Weights and | 26 | | Measures Act and pay a fee of 22 cents
per ton of waste |
| | | SB1089 Enrolled | - 57 - | LRB102 04912 CPF 14931 b |
|
| 1 | | permanently disposed of.
| 2 | | (2) If more than 100,000 cubic yards, but not more | 3 | | than 150,000 cubic
yards, of non-hazardous waste is | 4 | | permanently disposed of at a site in a
calendar year, the | 5 | | owner or operator shall pay a fee of $7,020.
| 6 | | (3) If more than 50,000 cubic yards, but not more than | 7 | | 100,000 cubic
yards, of non-hazardous solid waste is | 8 | | permanently disposed of at a site in a
calendar year, the | 9 | | owner or operator shall pay a fee of $3,120.
| 10 | | (4) If more than 10,000 cubic yards, but not more than | 11 | | 50,000 cubic yards,
of non-hazardous solid waste is | 12 | | permanently disposed of at a site in a calendar
year, the | 13 | | owner or operator shall pay a fee of $975.
| 14 | | (5) If not more than 10,000 cubic yards of | 15 | | non-hazardous solid waste is
permanently disposed of at a | 16 | | site in a calendar year, the owner or operator
shall pay a | 17 | | fee of $210.
| 18 | | (c) The fee under subsection (b) shall not apply to any of | 19 | | the following:
| 20 | | (1) Hazardous waste.
| 21 | | (2) Pollution control waste.
| 22 | | (3) Waste from recycling, reclamation, or reuse | 23 | | processes that have been
approved by the Agency as being | 24 | | designed to remove any contaminant from wastes
so as to | 25 | | render the wastes reusable, provided that the process | 26 | | renders at
least 50% of the waste reusable . However, the |
| | | SB1089 Enrolled | - 58 - | LRB102 04912 CPF 14931 b |
|
| 1 | | exemption set forth in this paragraph (3) of this | 2 | | subsection (c) shall not apply to general construction or | 3 | | demolition debris recovery facilities as defined in | 4 | | subsection (a-1) of Section 3.160 .
| 5 | | (4) Non-hazardous solid waste that is received at a | 6 | | sanitary landfill and
composted or recycled through a | 7 | | process permitted by the Agency.
| 8 | | (5) Any landfill that is permitted by the Agency to | 9 | | receive only
demolition or construction debris or | 10 | | landscape waste.
| 11 | | (d) The Agency shall establish rules relating to the | 12 | | collection of the
fees authorized by this Section. These rules | 13 | | shall include, but not be
limited to the following:
| 14 | | (1) Necessary records identifying the quantities of | 15 | | solid waste received
or disposed.
| 16 | | (2) The form and submission of reports to accompany | 17 | | the payment of fees to
the Agency.
| 18 | | (3) The time and manner of payment of fees to the | 19 | | Agency, which payments
shall not be more often than | 20 | | quarterly.
| 21 | | (4) Procedures setting forth criteria establishing | 22 | | when an owner or
operator may measure by weight or volume | 23 | | during any given quarter or other fee
payment period.
| 24 | | (e) Fees collected under this Section shall be in addition | 25 | | to any other fees
collected under any other Section.
| 26 | | (f) The Agency shall not refund any fee paid to it under |
| | | SB1089 Enrolled | - 59 - | LRB102 04912 CPF 14931 b |
|
| 1 | | this Section.
| 2 | | (g) Pursuant to appropriation, all moneys in the Subtitle | 3 | | D Management
Fund shall be used by the Agency to administer the | 4 | | United States Environmental
Protection Agency's Subtitle D | 5 | | Program provided in Sections 4004 and 4010 of
the Resource | 6 | | Conservation and Recovery Act of 1976 (P.L. 94-580) as it | 7 | | relates
to a municipal solid waste landfill program in | 8 | | Illinois and to fund a
delegation of inspecting, | 9 | | investigating, and enforcement functions, within the
| 10 | | municipality only, pursuant to subsection (r) of Section 4 of | 11 | | this Act to a
municipality having a population of more than | 12 | | 1,000,000 inhabitants. The
Agency shall execute a delegation | 13 | | agreement pursuant to subsection (r) of
Section 4 of this Act | 14 | | with a municipality having a population of more than
1,000,000 | 15 | | inhabitants within 90 days of September 13, 1993 and shall on | 16 | | an
annual basis distribute from
the Subtitle D Management Fund | 17 | | to that municipality no less than $150,000. Pursuant to | 18 | | appropriation, moneys in the Subtitle D Management Fund may | 19 | | also be used by the Agency for activities conducted under | 20 | | Section 22.15a of this Act.
| 21 | | (Source: P.A. 93-32, eff. 7-1-03; 94-272, eff. 7-19-05.)
| 22 | | (415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)
| 23 | | Sec. 31.1. Administrative citation.
| 24 | | (a) The prohibitions specified in subsections (o) and (p) | 25 | | of
Section 21 and subsection (k) of Section 55 of this Act |
| | | SB1089 Enrolled | - 60 - | LRB102 04912 CPF 14931 b |
|
| 1 | | shall be enforceable either by administrative
citation under | 2 | | this Section or as otherwise provided by this Act. Violations | 3 | | of Sections 22.38, Section 22.51 , and 22.51a of this Act shall | 4 | | be enforceable either by administrative citation under this | 5 | | Section or as otherwise provided by this Act.
| 6 | | (b) Whenever Agency personnel or personnel of a unit of | 7 | | local government to
which the Agency has delegated its | 8 | | functions pursuant to subsection (r) of
Section 4 of this Act, | 9 | | on the basis of direct observation, determine that any
person | 10 | | has violated any provision of subsection (o) or (p) of Section
| 11 | | 21, Section 22.38, Section 22.51, Section 22.51a, or | 12 | | subsection (k) of Section 55 of this Act, the Agency or such | 13 | | unit of local government may issue and serve
an administrative | 14 | | citation upon such person within not more than 60 days after
| 15 | | the date of the observed violation. Each such citation issued | 16 | | shall be served
upon the person named therein or such person's | 17 | | authorized agent for service of
process, and shall include the | 18 | | following information:
| 19 | | (1) a statement specifying the provisions of | 20 | | subsection (o) or (p)
of Section 21, Section 22.38, | 21 | | Section 22.51, Section 22.51a, or subsection (k) of | 22 | | Section 55 of which the person was observed to be in | 23 | | violation;
| 24 | | (2) a copy of the inspection report in which the | 25 | | Agency or local
government recorded the violation, which | 26 | | report shall include the date and
time of inspection, and |
| | | SB1089 Enrolled | - 61 - | LRB102 04912 CPF 14931 b |
|
| 1 | | weather conditions prevailing during the inspection;
| 2 | | (3) the penalty imposed by subdivision (b)(4) or | 3 | | (b)(4-5) of Section
42 for such violation;
| 4 | | (4) instructions for contesting the administrative | 5 | | citation findings
pursuant to this Section, including | 6 | | notification that the person has 35
days within which to | 7 | | file a petition for review before the Board to contest
the | 8 | | administrative citation; and
| 9 | | (5) an affidavit by the personnel observing the | 10 | | violation, attesting to
their material actions and | 11 | | observations.
| 12 | | (c) The Agency or unit of local government shall file a | 13 | | copy of each
administrative citation served under subsection | 14 | | (b) of this Section with
the Board no later than 10 days after | 15 | | the date of service.
| 16 | | (d) (1) If the person named in the administrative citation | 17 | | fails to
petition the Board for review within 35 days from the | 18 | | date of service, the
Board shall adopt a final order, which | 19 | | shall include the administrative
citation and findings of | 20 | | violation as alleged in the citation, and shall impose
the | 21 | | penalty specified in subdivision (b)(4) or (b)(4-5) of Section | 22 | | 42.
| 23 | | (2) If a petition for review is filed before the Board to | 24 | | contest an
administrative citation issued under subsection (b) | 25 | | of this Section, the
Agency or unit of local government shall | 26 | | appear as a complainant at a
hearing before the Board to be |
| | | SB1089 Enrolled | - 62 - | LRB102 04912 CPF 14931 b |
|
| 1 | | conducted pursuant to Section 32 of this Act
at a time not less | 2 | | than 21 days after notice of such hearing has
been sent by the | 3 | | Board to the Agency or unit of local government and the
person | 4 | | named in the citation. In such hearings, the burden of proof | 5 | | shall be
on the Agency or unit of local government. If, based | 6 | | on the record, the Board
finds that the alleged violation | 7 | | occurred, it shall adopt a final order which
shall include the | 8 | | administrative citation and findings of violation as alleged
| 9 | | in the citation, and shall impose the penalty specified in | 10 | | subdivision (b)(4)
or (b)(4-5) of Section 42. However, if the | 11 | | Board finds that the person
appealing the citation has shown | 12 | | that the violation resulted from
uncontrollable circumstances, | 13 | | the Board shall adopt a final order which makes
no finding of | 14 | | violation and which imposes no penalty.
| 15 | | (e) Sections 10-25 through 10-60 of the Illinois | 16 | | Administrative Procedure
Act shall not apply to any | 17 | | administrative citation issued under subsection (b)
of this | 18 | | Section.
| 19 | | (f) The other provisions of this Section shall not apply | 20 | | to a sanitary
landfill operated by a unit of local government | 21 | | solely for the purpose of
disposing of water and sewage | 22 | | treatment plant sludges, including necessary
stabilizing | 23 | | materials.
| 24 | | (g) All final orders issued and entered by the Board | 25 | | pursuant to this
Section shall be enforceable by injunction, | 26 | | mandamus or other appropriate
remedy, in accordance with |
| | | SB1089 Enrolled | - 63 - | LRB102 04912 CPF 14931 b |
|
| 1 | | Section 42 of this Act.
| 2 | | (Source: P.A. 96-737, eff. 8-25-09; 96-1416, eff. 7-30-10.)
| 3 | | (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042) | 4 | | Sec. 42. Civil penalties. | 5 | | (a) Except as provided in this Section, any person that | 6 | | violates any
provision of this Act or any regulation adopted | 7 | | by the Board, or any permit
or term or condition thereof, or | 8 | | that violates any order of the Board pursuant
to this Act, | 9 | | shall be liable for a civil penalty of not to exceed
$50,000 | 10 | | for the violation and an additional civil penalty of not to | 11 | | exceed
$10,000 for each day during which the violation | 12 | | continues; such penalties may,
upon order of the Board or a | 13 | | court of competent jurisdiction, be made payable
to the | 14 | | Environmental Protection Trust Fund, to be used in accordance | 15 | | with the
provisions of the Environmental Protection Trust Fund | 16 | | Act. | 17 | | (b) Notwithstanding the provisions of subsection (a) of | 18 | | this Section: | 19 | | (1) Any person that violates Section 12(f) of this Act | 20 | | or any
NPDES permit or term or condition thereof, or any | 21 | | filing requirement,
regulation or order relating to the | 22 | | NPDES permit program, shall be liable
to a civil penalty | 23 | | of not to exceed $10,000 per day of violation. | 24 | | (2) Any person that violates Section 12(g) of this Act | 25 | | or any UIC permit
or term or condition thereof, or any |
| | | SB1089 Enrolled | - 64 - | LRB102 04912 CPF 14931 b |
|
| 1 | | filing requirement, regulation or order
relating to the | 2 | | State UIC program for all wells, except Class II wells as
| 3 | | defined by the Board under this Act, shall be liable to a | 4 | | civil penalty
not to exceed $2,500 per day of violation; | 5 | | provided, however, that any person
who commits such | 6 | | violations relating to the State UIC program for Class
II | 7 | | wells, as defined by the Board under this Act, shall be | 8 | | liable to a civil
penalty of not to exceed $10,000 for the | 9 | | violation and an additional civil
penalty of not to exceed | 10 | | $1,000 for each day during which the violation
continues. | 11 | | (3) Any person that violates Sections 21(f), 21(g), | 12 | | 21(h) or 21(i) of
this Act, or any RCRA permit or term or | 13 | | condition thereof, or any filing
requirement, regulation | 14 | | or order relating to the State RCRA program, shall
be | 15 | | liable to a civil penalty of not to exceed $25,000 per day | 16 | | of violation. | 17 | | (4)
In an administrative citation action under Section | 18 | | 31.1 of this Act,
any person found to have violated any | 19 | | provision of subsection (o) of
Section 21 of this Act | 20 | | shall pay a civil penalty of $500 for each
violation of | 21 | | each such provision, plus any hearing costs incurred by | 22 | | the Board
and the Agency. Such penalties shall be made | 23 | | payable to the Environmental
Protection Trust Fund, to be | 24 | | used in accordance with the provisions of the
| 25 | | Environmental Protection Trust Fund Act; except that if a | 26 | | unit of local
government issued the administrative |
| | | SB1089 Enrolled | - 65 - | LRB102 04912 CPF 14931 b |
|
| 1 | | citation, 50% of the civil penalty shall
be payable to the | 2 | | unit of local government. | 3 | | (4-5) In an administrative citation action under | 4 | | Section 31.1 of this
Act, any person found to have | 5 | | violated any
provision of subsection (p) of
Section 21, | 6 | | Section 22.38, Section 22.51, Section 22.51a, or | 7 | | subsection (k) of Section 55 of this Act shall pay a civil | 8 | | penalty of $1,500 for each violation
of
each such | 9 | | provision, plus any hearing costs incurred by the Board | 10 | | and the
Agency, except that the civil penalty amount shall | 11 | | be $3,000 for
each violation of any provision of | 12 | | subsection (p) of Section 21, Section 22.38, Section | 13 | | 22.51, Section 22.51a, or subsection (k) of Section 55 | 14 | | that is the
person's second or subsequent adjudication | 15 | | violation of that
provision. The penalties shall be | 16 | | deposited into the
Environmental Protection Trust Fund, to | 17 | | be used in accordance with the
provisions of the | 18 | | Environmental Protection Trust Fund Act; except that if a
| 19 | | unit of local government issued the administrative | 20 | | citation, 50% of the civil
penalty shall be payable to the | 21 | | unit of local government. | 22 | | (5) Any person who violates subsection 6 of Section | 23 | | 39.5 of this Act
or any CAAPP permit, or term or condition | 24 | | thereof, or any fee or filing
requirement, or any duty to | 25 | | allow or carry out inspection, entry or
monitoring | 26 | | activities, or any regulation or order relating to the |
| | | SB1089 Enrolled | - 66 - | LRB102 04912 CPF 14931 b |
|
| 1 | | CAAPP
shall be liable for a civil penalty not to exceed | 2 | | $10,000 per day of violation. | 3 | | (6) Any owner or operator of a community water system | 4 | | that violates subsection (b) of Section 18.1 or subsection | 5 | | (a) of Section 25d-3 of this Act shall, for each day of | 6 | | violation, be liable for a civil penalty not to exceed $5 | 7 | | for each of the premises connected to the affected | 8 | | community water system. | 9 | | (7) Any person who violates Section 52.5 of this Act | 10 | | shall be liable for a civil penalty of up to $1,000 for the | 11 | | first violation of that Section and a civil penalty of up | 12 | | to $2,500 for a second or subsequent violation of that | 13 | | Section. | 14 | | (b.5) In lieu of the penalties set forth in subsections | 15 | | (a) and (b) of
this Section, any person who fails to file, in a | 16 | | timely manner, toxic
chemical release forms with the Agency | 17 | | pursuant to Section 25b-2
of this Act
shall be liable for a | 18 | | civil penalty of $100 per day for
each day the forms are
late, | 19 | | not to exceed a maximum total penalty of $6,000. This daily | 20 | | penalty
shall begin accruing on the thirty-first day after the
| 21 | | date that the person receives the warning notice issued by the | 22 | | Agency pursuant
to Section 25b-6 of this Act; and the penalty | 23 | | shall be paid to the Agency. The
daily accrual of penalties | 24 | | shall cease as of January 1 of the following year.
All | 25 | | penalties collected by the Agency pursuant to this subsection | 26 | | shall be
deposited into the Environmental Protection Permit |
| | | SB1089 Enrolled | - 67 - | LRB102 04912 CPF 14931 b |
|
| 1 | | and Inspection Fund. | 2 | | (c) Any person that violates this Act, any rule or | 3 | | regulation adopted under
this Act, any permit or term or | 4 | | condition of a permit, or any Board order and
causes the death | 5 | | of fish
or aquatic life shall, in addition to the other | 6 | | penalties provided by
this Act, be liable to pay to the State | 7 | | an additional sum for the
reasonable value of the fish or | 8 | | aquatic life destroyed. Any money so
recovered shall be placed | 9 | | in the Wildlife and Fish Fund in the State
Treasury. | 10 | | (d) The penalties provided for in this Section may be | 11 | | recovered in a
civil action. | 12 | | (e) The State's Attorney of the county in which the | 13 | | violation
occurred, or the Attorney General, may, at the | 14 | | request of the Agency or
on his own motion, institute a civil | 15 | | action for an injunction, prohibitory or mandatory, to
| 16 | | restrain violations of this Act, any rule or regulation | 17 | | adopted under this Act,
any permit or term or condition of a | 18 | | permit, or any Board order, or to require such other actions as | 19 | | may be necessary to address violations of this Act, any rule or | 20 | | regulation adopted under this Act, any permit or term or | 21 | | condition of a permit, or any Board order. | 22 | | (f) The State's Attorney of the county in which the | 23 | | violation
occurred, or the Attorney General, shall bring such | 24 | | actions in the name
of the people of the State of Illinois.
| 25 | | Without limiting any other authority which may exist for the | 26 | | awarding
of attorney's fees and costs, the Board or a court of |
| | | SB1089 Enrolled | - 68 - | LRB102 04912 CPF 14931 b |
|
| 1 | | competent
jurisdiction may award costs and reasonable | 2 | | attorney's fees, including the
reasonable costs of expert | 3 | | witnesses and consultants, to the State's
Attorney or the | 4 | | Attorney General in a case where he has prevailed against a
| 5 | | person who has committed a willful, knowing, or repeated | 6 | | violation of this Act,
any rule or regulation adopted under | 7 | | this Act, any permit or term or condition
of a permit, or any | 8 | | Board order. | 9 | | Any funds collected under this subsection (f) in which the | 10 | | Attorney
General has prevailed shall be deposited in the
| 11 | | Hazardous Waste Fund created in Section 22.2 of this Act. Any | 12 | | funds
collected under this subsection (f) in which a State's | 13 | | Attorney has
prevailed shall be retained by the county in | 14 | | which he serves. | 15 | | (g) All final orders imposing civil penalties pursuant to | 16 | | this Section
shall prescribe the time for payment of such | 17 | | penalties. If any such
penalty is not paid within the time | 18 | | prescribed, interest on such penalty
at the rate set forth in | 19 | | subsection (a) of Section 1003 of the Illinois Income
Tax Act, | 20 | | shall be paid for the period from the date payment is due until | 21 | | the
date payment is received. However, if the time for payment | 22 | | is stayed during
the pendency of an appeal, interest shall not | 23 | | accrue during such stay. | 24 | | (h) In determining the appropriate civil penalty to be | 25 | | imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3), | 26 | | (b)(5), (b)(6), or (b)(7) of this
Section, the Board is |
| | | SB1089 Enrolled | - 69 - | LRB102 04912 CPF 14931 b |
|
| 1 | | authorized to consider any matters of record in
mitigation or | 2 | | aggravation of penalty, including, but not limited to, the
| 3 | | following factors: | 4 | | (1) the duration and gravity of the violation; | 5 | | (2) the presence or absence of due diligence on the | 6 | | part of the
respondent in attempting to comply with | 7 | | requirements of this
Act and regulations thereunder or to | 8 | | secure relief therefrom as provided by
this Act; | 9 | | (3) any economic benefits accrued by the respondent
| 10 | | because of delay in compliance with requirements, in which | 11 | | case the economic
benefits shall be determined by the | 12 | | lowest cost alternative for achieving
compliance; | 13 | | (4) the amount of monetary penalty which will serve to | 14 | | deter further
violations by the respondent and to | 15 | | otherwise aid in enhancing
voluntary
compliance with this | 16 | | Act by the respondent and other persons
similarly
subject | 17 | | to the Act; | 18 | | (5) the number, proximity in time, and gravity of | 19 | | previously
adjudicated violations of this Act by the | 20 | | respondent; | 21 | | (6) whether the respondent voluntarily self-disclosed, | 22 | | in accordance
with subsection (i) of this Section, the | 23 | | non-compliance to the Agency; | 24 | | (7) whether the respondent has agreed to undertake a | 25 | | "supplemental
environmental project", which means an | 26 | | environmentally beneficial project that
a respondent |
| | | SB1089 Enrolled | - 70 - | LRB102 04912 CPF 14931 b |
|
| 1 | | agrees to undertake in settlement of an enforcement action | 2 | | brought
under this Act, but which the respondent is not | 3 | | otherwise legally required to
perform; and | 4 | | (8) whether the respondent has successfully completed | 5 | | a Compliance Commitment Agreement under subsection (a) of | 6 | | Section 31 of this Act to remedy the violations that are | 7 | | the subject of the complaint. | 8 | | In determining the appropriate civil penalty to be imposed | 9 | | under subsection
(a) or paragraph (1), (2), (3), (5), (6), or | 10 | | (7) of subsection (b) of this Section, the
Board shall ensure, | 11 | | in all cases, that the penalty is at least as great as the
| 12 | | economic benefits, if any, accrued by the respondent as a | 13 | | result of the
violation, unless the Board finds that | 14 | | imposition of such penalty would result
in an arbitrary or | 15 | | unreasonable financial hardship. However, such civil
penalty
| 16 | | may be off-set in whole or in part pursuant to a supplemental
| 17 | | environmental project agreed to by the complainant and the | 18 | | respondent. | 19 | | (i) A person who voluntarily self-discloses non-compliance | 20 | | to the Agency,
of which the Agency had been unaware, is | 21 | | entitled to a 100% reduction in the
portion of the penalty that | 22 | | is not based on the economic benefit of
non-compliance if the | 23 | | person can
establish the following: | 24 | | (1) that either the regulated entity is a small entity | 25 | | or the non-compliance was discovered through an | 26 | | environmental
audit or a compliance management system |
| | | SB1089 Enrolled | - 71 - | LRB102 04912 CPF 14931 b |
|
| 1 | | documented by the regulated entity as
reflecting the | 2 | | regulated entity's due diligence in preventing, detecting, | 3 | | and
correcting violations; | 4 | | (2) that the non-compliance was disclosed in writing | 5 | | within 30 days of
the date on which the person discovered | 6 | | it; | 7 | | (3) that the non-compliance was discovered and | 8 | | disclosed prior to: | 9 | | (i) the commencement of an Agency inspection, | 10 | | investigation, or request
for information; | 11 | | (ii) notice of a citizen suit; | 12 | | (iii) the filing of a complaint by a citizen, the | 13 | | Illinois Attorney
General, or the State's Attorney of | 14 | | the county in which the violation occurred; | 15 | | (iv) the reporting of the non-compliance by an | 16 | | employee of the person
without that person's | 17 | | knowledge; or | 18 | | (v) imminent discovery of the non-compliance by | 19 | | the Agency; | 20 | | (4) that the non-compliance is being corrected and any | 21 | | environmental
harm is being remediated in a timely | 22 | | fashion; | 23 | | (5) that the person agrees to prevent a recurrence of | 24 | | the non-compliance; | 25 | | (6) that no related non-compliance events have | 26 | | occurred in the
past 3 years at the same facility or in the |
| | | SB1089 Enrolled | - 72 - | LRB102 04912 CPF 14931 b |
|
| 1 | | past 5 years as part of a
pattern at multiple facilities | 2 | | owned or operated by the person; | 3 | | (7) that the non-compliance did not result in serious | 4 | | actual
harm or present an imminent and substantial | 5 | | endangerment to human
health or the environment or violate | 6 | | the specific terms of any judicial or
administrative order | 7 | | or consent agreement; | 8 | | (8) that the person cooperates as reasonably requested | 9 | | by the Agency
after the disclosure; and | 10 | | (9) that the non-compliance was identified voluntarily | 11 | | and not through a
monitoring, sampling, or auditing | 12 | | procedure that is required by statute, rule,
permit, | 13 | | judicial or administrative order, or consent agreement. | 14 | | If a person can establish all of the elements under this | 15 | | subsection except
the element set forth in paragraph (1) of | 16 | | this subsection, the person is
entitled to a 75% reduction in | 17 | | the portion of the penalty that is not based
upon the economic | 18 | | benefit of non-compliance. | 19 | | For the purposes of this subsection (i), "small entity" | 20 | | has the same meaning as in Section 221 of the federal Small | 21 | | Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. | 22 | | 601). | 23 | | (j) In addition to any other remedy or penalty that may
| 24 | | apply, whether civil or criminal, any person who violates | 25 | | Section 22.52 of this Act shall be liable for an additional | 26 | | civil penalty of up to 3 times the gross amount of any |
| | | SB1089 Enrolled | - 73 - | LRB102 04912 CPF 14931 b |
|
| 1 | | pecuniary gain resulting from the violation.
| 2 | | (k) In addition to any other remedy or penalty that may | 3 | | apply, whether civil or criminal, any person who violates | 4 | | subdivision (a)(7.6) of Section 31 of this Act shall be liable | 5 | | for an additional civil penalty of $2,000. | 6 | | (Source: P.A. 99-934, eff. 1-27-17; 100-436, eff. 8-25-17; | 7 | | 100-863, eff. 8-14-18.) | 8 | | (415 ILCS 5/22.38a rep.) | 9 | | Section 10. The Environmental Protection Act is amended by | 10 | | repealing Section 22.38a.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law. |
|