Full Text of HB1391 98th General Assembly
HB1391eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 22.16b as follows:
| 6 | | (415 ILCS 5/22.16b) (from Ch. 111 1/2, par. 1022.16b)
| 7 | | Sec. 22.16b. Municipal waste incinerators. | 8 | | (a) Beginning January 1, 1991, the Agency shall assess and
| 9 | | collect a fee from the owner or operator of each new municipal | 10 | | waste
incinerator. The fee shall be calculated by applying the | 11 | | rates established
from time to time for the disposal of solid | 12 | | waste at sanitary landfills
under subdivision (b)(1) of Section | 13 | | 22.15 to the total amount of municipal
waste accepted for | 14 | | incineration at the new municipal waste incinerator.
The | 15 | | exemptions provided by this Act to the fees imposed under | 16 | | subsection
(b) of Section 22.15 shall not apply to the fee | 17 | | imposed by this Section.
| 18 | | The owner or operator of any new municipal waste | 19 | | incinerator permitted
after January 1, 1990, but before July 1, | 20 | | 1990 by the Agency for the
development or operation of a new | 21 | | municipal waste incinerator shall be exempt
from this fee, but | 22 | | shall include the following conditions:
| 23 | | (1) The owner or operator shall provide information |
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| 1 | | programs to those
communities serviced by the owner or | 2 | | operator concerning recycling and
separation of waste not | 3 | | suitable for incineration.
| 4 | | (2) The owner or operator shall provide information | 5 | | programs to those
communities serviced by the owner or | 6 | | operator concerning the Agency's
household hazardous waste | 7 | | collection program and participation in that program.
| 8 | | For the purposes of this Section, "new municipal waste | 9 | | incinerator" means
a municipal waste incinerator initially | 10 | | permitted for development or
construction on or after January | 11 | | 1, 1990.
| 12 | | Amounts collected under this subsection shall be deposited | 13 | | into the
Municipal Waste Incinerator Tax Fund, which is hereby | 14 | | established as an
interest-bearing special fund in the State | 15 | | Treasury. Monies in the Fund
may be used, subject to | 16 | | appropriation:
| 17 | | (1) by the Department of Commerce and Economic | 18 | | Opportunity to fund its
public information programs on
| 19 | | recycling in those communities served by new municipal | 20 | | waste incinerators; and
| 21 | | (2) by the Agency to fund its household hazardous waste | 22 | | collection
activities in those communities served by new | 23 | | municipal waste incinerators.
| 24 | | (b) Any permit issued by the Agency for the development or | 25 | | operation of
a new municipal waste incinerator shall include | 26 | | the following conditions:
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| 1 | | (1) The incinerator must be designed to provide | 2 | | continuous monitoring
while in operation, with direct | 3 | | transmission of the resultant data to the
Agency, until the | 4 | | Agency determines the best available control technology
| 5 | | for monitoring the data. The Agency shall establish the
| 6 | | test methods, procedures and averaging periods, as | 7 | | certified by the USEPA
for solid waste incinerator units, | 8 | | and the form and frequency of reports
containing results of | 9 | | the monitoring. Compliance and enforcement shall be
based | 10 | | on such reports. Copies of the results of such
monitoring | 11 | | shall be maintained on file at the facility concerned for | 12 | | one
year, and copies shall be made available for inspection | 13 | | and copying by
interested members of the public during | 14 | | business hours.
| 15 | | (2) The facility shall comply with the emission limits | 16 | | adopted by the
Agency under subsection (c).
| 17 | | (3) The operator of the facility shall take reasonable | 18 | | measures to
ensure that waste accepted for incineration | 19 | | complies with all legal
requirements for incineration. The | 20 | | incinerator operator shall establish
contractual | 21 | | requirements or other notification and inspection | 22 | | procedures
sufficient to assure compliance with this | 23 | | subsection (b)(3) which may
include, but not be limited to, | 24 | | routine inspections of waste, lists of
acceptable and | 25 | | unacceptable waste provided to haulers and notification to | 26 | | the
Agency when the facility operator rejects and sends |
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| 1 | | loads away. The
notification shall contain at least the | 2 | | name of the hauler and the site
from where the load was | 3 | | hauled.
| 4 | | (4) The operator may not accept for incineration any | 5 | | waste generated
or collected in a municipality that has not | 6 | | implemented a recycling
plan or is party to an implemented | 7 | | county plan, consistent with State goals
and objectives. | 8 | | Such plans shall include provisions for collecting,
| 9 | | recycling or diverting from landfills and municipal | 10 | | incinerators landscape
waste, household hazardous waste | 11 | | and batteries. Such provisions may be
performed at the site | 12 | | of the new municipal incinerator.
| 13 | | The Agency, after careful scrutiny of a permit application | 14 | | for the
construction, development or operation of a new | 15 | | municipal waste incinerator,
shall deny the permit if (i) the | 16 | | Agency finds in the permit application
noncompliance with the | 17 | | laws and rules of the State , or (ii) the application
indicates | 18 | | that the mandated air emissions standards will not be reached | 19 | | within
six months of the proposed municipal waste incinerator | 20 | | beginning operation , (iii) the incinerator is located less than | 21 | | one and one-half miles from a public school, as defined in | 22 | | Section 21A-5 of the School Code, in a county with at least | 23 | | 700,000 but not more than 900,000 inhabitants .
| 24 | | Beginning on the effective date of this amendatory Act of | 25 | | the 98th General Assembly, the Agency shall deny any | 26 | | application for the renewal or amendment of a permit for the
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| 1 | | construction, development, or operation of a new municipal | 2 | | waste incinerator, or any other municipal waste incinerator, if | 3 | | the incinerator is located less than one and one-half miles | 4 | | from a public school, as defined in Section 21A-5 of the School | 5 | | Code, in a county with at least 700,000 but not more than | 6 | | 900,000 inhabitants. | 7 | | (c) The Agency shall adopt specific limitations on the | 8 | | emission of
mercury, chromium, cadmium and lead, and good | 9 | | combustion practices, including
temperature controls from | 10 | | municipal waste incinerators pursuant to Section 9.4
of the | 11 | | Act.
| 12 | | (d) The Agency shall establish household hazardous waste | 13 | | collection
centers in appropriate places in this State. The | 14 | | Agency may operate and
maintain the centers itself or may | 15 | | contract with other parties for that
purpose. The Agency shall | 16 | | ensure that the wastes collected are properly
disposed of. The | 17 | | collection centers may charge fees for their services,
not to | 18 | | exceed the costs incurred. Such collection centers shall not | 19 | | (i) be
regulated as hazardous waste facilities under RCRA nor | 20 | | (ii) be subject to
local siting approval under Section 39.2 if | 21 | | the local governing authority
agrees to waive local siting | 22 | | approval procedures.
| 23 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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