Full Text of SB1656 102nd General Assembly
SB1656enr 102ND GENERAL ASSEMBLY |
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| 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 Illinois Dead Animal Disposal Act is | 5 | | amended by changing Sections 1.1 and 19a and by adding Section | 6 | | 17.1 as follows:
| 7 | | (225 ILCS 610/1.1) (from Ch. 8, par. 149.1)
| 8 | | Sec. 1.1. As used in this Act, unless the context | 9 | | otherwise requires:
| 10 | | (a) "Department" means the Department of Agriculture of | 11 | | the State of
Illinois.
| 12 | | (b) "Person" means any individual, firm, partnership,
| 13 | | association, corporation or other business entity.
| 14 | | (c) "Renderer" means any person who, for other than human | 15 | | consumption,
collects, cooks and processes bodies or parts of | 16 | | bodies of dead animals,
poultry or fish, or used cooking | 17 | | grease and oils, for the purpose of
salvaging hides, wool, | 18 | | skins or feathers, and
for the production of animal, poultry, | 19 | | or fish protein, blood meal,
bone meal, grease or tallow.
| 20 | | (d) "Blender" means any person who acquires inedible | 21 | | by-products of
bodies or parts of bodies of dead animals, | 22 | | poultry or fish, or used
cooking grease and oils, for the | 23 | | purpose of
blending them to obtain a desired percentage of |
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| 1 | | protein, degree of quality
or color for use in animal feed, | 2 | | poultry feed or fertilizers.
| 3 | | (e) "Collection center" means any place where bodies or | 4 | | parts of bodies
of dead animals, poultry or fish, or used | 5 | | cooking grease and cooking oils, are collected
for loading | 6 | | into a permitted vehicle for delivery to the renderer.
| 7 | | (f) "Permittee" means any person issued a vehicle permit | 8 | | under the
provisions
of this Act.
| 9 | | (g) "Licensee" means any person licensed under the | 10 | | provisions of this Act.
| 11 | | (h) "Rendering materials" means bodies or parts of bodies | 12 | | of dead animals,
poultry or fish, or used cooking grease and | 13 | | oils.
| 14 | | (i) "Animal collection service" means a company that | 15 | | conveys dead animals
to a landfill facility licensed under the | 16 | | Environmental Protection Act when no
rendering service is | 17 | | available.
Waste haulers collecting waste in which a dead | 18 | | animal is included incidental
to such waste shall not be | 19 | | considered an "animal collection service"
activity.
| 20 | | (j) "Grease and oil collector" means any person who | 21 | | collects for reuse or recycling used cooking grease and | 22 | | cooking oils in a permitted vehicle for delivery to a grease | 23 | | and cooking oil processor for purposes other than rendering or | 24 | | blending. | 25 | | (k) "Grease and oil processor" means any person who | 26 | | stores, filters, processes, or distributes for reuse or |
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| 1 | | recycling used cooking grease and cooking oils for uses other | 2 | | than rendering or blending. | 3 | | (l) "Mass animal mortality event" means an event, as | 4 | | declared by the Director, in which large numbers of animals of | 5 | | a single or multiple species die or are at an increased risk of | 6 | | mortality due to disease, natural disaster, or any other | 7 | | non-disease related event, including, but not limited to, | 8 | | market disruption or ventilation failure. | 9 | | (m) "Director" means the Director of Agriculture. | 10 | | (n) "Dead animal" means the carcass or tissue from a | 11 | | deceased domesticated animal, poultry, fish, captive wild | 12 | | animal, or captive wildlife. | 13 | | (o) "Operator" means the person or entity that has been | 14 | | designated by the owner, through contract or otherwise, as | 15 | | responsible for conveying dead animals. | 16 | | (Source: P.A. 98-785, eff. 1-1-15 .)
| 17 | | (225 ILCS 610/17.1 new) | 18 | | Sec. 17.1. Mass animal mortality event. | 19 | | (a) The Director, at his or her discretion, may declare a | 20 | | mass animal mortality event. The Director shall notify the | 21 | | Illinois Emergency Management Agency of the declaration. The | 22 | | notification shall be made without delay, but no later than 24 | 23 | | hours following the declaration. | 24 | | (b) The Department shall create and file with the Illinois | 25 | | Emergency Management Agency a mass animal mortality event |
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| 1 | | plan. The plan must include and describe, at a minimum, the | 2 | | following options of disposal: | 3 | | (1) burial, which may include methods and procedures | 4 | | for above-ground burial; | 5 | | (2) rendering; | 6 | | (3) transfer to a landfill; | 7 | | (4) composting, which may be conducted on the site | 8 | | where the death of the animals occurred or by transporting | 9 | | the bodies to a licensed landfill or to a centralized | 10 | | off-site location determined at the time of the mass | 11 | | animal mortality event; | 12 | | (5) incineration; and | 13 | | (6) any other acceptable method as determined by the | 14 | | Director. | 15 | | (b) Notwithstanding any other provision of this Act, | 16 | | following the Director's declaration of a mass animal | 17 | | mortality event, the Department shall implement the most | 18 | | recent mass animal mortality event plan on file with the | 19 | | Illinois Emergency Management Agency.
| 20 | | (225 ILCS 610/19a) (from Ch. 8, par. 167a)
| 21 | | Sec. 19a.
This Act shall be known and may be cited as the | 22 | | Animal Mortality Act "Illinois
Dead Animal Disposal Act" .
| 23 | | (Source: P.A. 83-760.)
| 24 | | Section 10. The Environmental Protection Act is amended by |
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| 1 | | changing Sections 3.330, 21, and 39 as follows:
| 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;
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| 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 |
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| 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 |
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| 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 that accepts | 4 | | exclusively general
construction or demolition debris and | 5 | | is operated and located in accordance with Section 22.38 | 6 | | 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 |
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| 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 |
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| 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 |
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| 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. |
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| 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. |
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| 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 |
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| 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 |
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| 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 |
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| 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 ; and . | 4 | | (25) the portion of a site or facility used during a | 5 | | mass animal mortality event, as defined in the Animal | 6 | | Mortality Act, where such waste is collected, stored, | 7 | | processed, disposed, or incinerated under a mass animal | 8 | | mortality event plan issued by the Department of | 9 | | Agriculture. | 10 | | (b) A new pollution control facility is:
| 11 | | (1) a pollution control facility initially permitted | 12 | | for development or
construction after July 1, 1981; or
| 13 | | (2) the area of expansion beyond the boundary of a | 14 | | currently permitted
pollution control facility; or
| 15 | | (3) a permitted pollution control facility requesting | 16 | | approval to
store, dispose of, transfer or incinerate, for | 17 | | the first time, any special
or hazardous waste.
| 18 | | (Source: P.A. 99-12, eff. 7-10-15; 99-440, eff. 8-21-15; | 19 | | 99-642, eff. 7-28-16; 100-94, eff. 8-11-17.)
| 20 | | (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
| 21 | | Sec. 21. Prohibited acts. No person shall:
| 22 | | (a) Cause or allow the open dumping of any waste.
| 23 | | (b) Abandon, dump, or deposit any waste upon the public | 24 | | highways or
other public property, except in a sanitary | 25 | | landfill approved by the
Agency pursuant to regulations |
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| 1 | | adopted by the Board.
| 2 | | (c) Abandon any vehicle in violation of the "Abandoned | 3 | | Vehicles
Amendment to the Illinois Vehicle Code", as enacted | 4 | | by the 76th General
Assembly.
| 5 | | (d) Conduct any waste-storage, waste-treatment, or | 6 | | waste-disposal
operation:
| 7 | | (1) without a permit granted by the Agency or in | 8 | | violation of any
conditions imposed by such permit, | 9 | | including periodic reports and full
access to adequate | 10 | | records and the inspection of facilities, as may be
| 11 | | necessary to assure compliance with this Act and with | 12 | | regulations and
standards adopted thereunder; provided, | 13 | | however, that, except for municipal
solid waste landfill | 14 | | units that receive waste on or after October 9, 1993, and | 15 | | CCR surface impoundments,
no permit shall be
required for | 16 | | (i) any person conducting a waste-storage, | 17 | | waste-treatment, or
waste-disposal operation for wastes | 18 | | generated by such person's own
activities which are | 19 | | stored, treated, or disposed within the site where
such | 20 | | wastes are generated, or (ii)
a facility located in a | 21 | | county with a
population over 700,000 as of January 1, | 22 | | 2000, operated and located in accordance with
Section | 23 | | 22.38 of this Act, and used exclusively for the transfer, | 24 | | storage, or
treatment of general construction or | 25 | | demolition debris, provided that the facility was | 26 | | receiving construction or demolition debris on August 24, |
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| 1 | | 2009 ( the effective date of Public Act 96-611), or (iii) | 2 | | any person conducting a waste transfer, storage, | 3 | | treatment, or disposal operation, including, but not | 4 | | limited to, a waste transfer or waste composting | 5 | | operation, under a mass animal mortality event plan | 6 | | created by the Department of Agriculture this amendatory | 7 | | Act of the 96th General Assembly ;
| 8 | | (2) in violation of any regulations or standards | 9 | | adopted by the
Board under this Act; or
| 10 | | (3) which receives waste after August 31, 1988, does | 11 | | not have a permit
issued by the Agency, and is (i) a | 12 | | landfill used exclusively for the
disposal of waste | 13 | | generated at the site, (ii) a surface impoundment
| 14 | | receiving special waste not listed in an NPDES permit, | 15 | | (iii) a waste pile
in which the total volume of waste is | 16 | | greater than 100 cubic yards or the
waste is stored for | 17 | | over one year, or (iv) a land treatment facility
receiving | 18 | | special waste generated at the site; without giving notice | 19 | | of the
operation to the Agency by January 1, 1989, or 30 | 20 | | days after the date on
which the operation commences, | 21 | | whichever is later, and every 3 years
thereafter. The form | 22 | | for such notification shall be specified by the
Agency, | 23 | | and shall be limited to information regarding: the name | 24 | | and address
of the location of the operation; the type of | 25 | | operation; the types and
amounts of waste stored, treated | 26 | | or disposed of on an annual basis; the
remaining capacity |
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| 1 | | of the operation; and the remaining expected life of
the | 2 | | operation.
| 3 | | Item (3) of this subsection (d) shall not apply to any | 4 | | person
engaged in agricultural activity who is disposing of a | 5 | | substance that
constitutes solid waste, if the substance was | 6 | | acquired for use by that
person on his own property, and the | 7 | | substance is disposed of on his own
property in accordance | 8 | | with regulations or standards adopted by the Board.
| 9 | | This subsection (d) shall not apply to hazardous waste.
| 10 | | (e) Dispose, treat, store or abandon any waste, or | 11 | | transport any waste
into this State for disposal, treatment, | 12 | | storage or abandonment, except at
a site or facility which | 13 | | meets the requirements of this Act and of
regulations and | 14 | | standards thereunder.
| 15 | | (f) Conduct any hazardous waste-storage, hazardous | 16 | | waste-treatment or
hazardous waste-disposal operation:
| 17 | | (1) without a RCRA permit for the site issued by the | 18 | | Agency under
subsection (d) of Section 39 of this Act, or | 19 | | in violation of any condition
imposed by such permit, | 20 | | including periodic reports and full access to
adequate | 21 | | records and the inspection of facilities, as may be | 22 | | necessary to
assure compliance with this Act and with | 23 | | regulations and standards adopted
thereunder; or
| 24 | | (2) in violation of any regulations or standards | 25 | | adopted by the Board
under this Act; or
| 26 | | (3) in violation of any RCRA permit filing requirement |
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| 1 | | established under
standards adopted by the Board under | 2 | | this Act; or
| 3 | | (4) in violation of any order adopted by the Board | 4 | | under this Act.
| 5 | | Notwithstanding the above, no RCRA permit shall be | 6 | | required under this
subsection or subsection (d) of Section 39 | 7 | | of this Act for any
person engaged in agricultural activity | 8 | | who is disposing of a substance
which has been identified as a | 9 | | hazardous waste, and which has been
designated by Board | 10 | | regulations as being subject to this exception, if the
| 11 | | substance was acquired for use by that person on his own | 12 | | property and the
substance is disposed of on his own property | 13 | | in accordance with regulations
or standards adopted by the | 14 | | Board.
| 15 | | (g) Conduct any hazardous waste-transportation operation:
| 16 | | (1) without registering with and obtaining a special | 17 | | waste hauling permit from the Agency in
accordance with | 18 | | the regulations adopted by the Board under this Act; or
| 19 | | (2) in violation of any regulations or standards | 20 | | adopted by
the
Board under this Act.
| 21 | | (h) Conduct any hazardous waste-recycling or hazardous | 22 | | waste-reclamation
or hazardous waste-reuse operation in | 23 | | violation of any regulations, standards
or permit requirements | 24 | | adopted by the Board under this Act.
| 25 | | (i) Conduct any process or engage in any act which | 26 | | produces hazardous
waste in violation of any regulations or |
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| 1 | | standards adopted by the Board
under subsections (a) and (c) | 2 | | of Section 22.4 of this Act.
| 3 | | (j) Conduct any special waste-transportation waste | 4 | | transportation operation in violation
of any regulations, | 5 | | standards or permit requirements adopted by the Board
under | 6 | | this Act. However, sludge from a water or sewage treatment | 7 | | plant
owned and operated by a unit of local government which | 8 | | (1) is subject to a
sludge management plan approved by the | 9 | | Agency or a permit granted by the
Agency, and (2) has been | 10 | | tested and determined not to be a hazardous waste
as required | 11 | | by applicable State and federal laws and regulations, may be
| 12 | | transported in this State without a special waste hauling | 13 | | permit, and the
preparation and carrying of a manifest shall | 14 | | not be required for such
sludge under the rules of the | 15 | | Pollution Control Board. The unit of local
government which | 16 | | operates the treatment plant producing such sludge shall
file | 17 | | an annual report with the Agency identifying the volume of | 18 | | such
sludge transported during the reporting period, the | 19 | | hauler of the sludge,
and the disposal sites to which it was | 20 | | transported. This subsection (j)
shall not apply to hazardous | 21 | | waste.
| 22 | | (k) Fail or refuse to pay any fee imposed under this Act.
| 23 | | (l) Locate a hazardous waste disposal site above an active | 24 | | or
inactive shaft or tunneled mine or within 2 miles of an | 25 | | active fault in
the earth's crust. In counties of population | 26 | | less than 225,000 no
hazardous waste disposal site shall be |
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| 1 | | located (1) within 1 1/2 miles of
the corporate limits as | 2 | | defined on June 30, 1978, of any municipality
without the | 3 | | approval of the governing body of the municipality in an
| 4 | | official action; or (2) within 1000 feet of an existing | 5 | | private well or
the existing source of a public water supply | 6 | | measured from the boundary
of the actual active permitted site | 7 | | and excluding existing private wells
on the property of the | 8 | | permit applicant. The provisions of this
subsection do not | 9 | | apply to publicly owned publicly-owned sewage works or the | 10 | | disposal
or utilization of sludge from publicly owned | 11 | | publicly-owned sewage works.
| 12 | | (m) Transfer interest in any land which has been used as a
| 13 | | hazardous waste disposal site without written notification to | 14 | | the Agency
of the transfer and to the transferee of the | 15 | | conditions imposed by the Agency
upon its use under subsection | 16 | | (g) of Section 39.
| 17 | | (n) Use any land which has been used as a hazardous waste
| 18 | | disposal site except in compliance with conditions imposed by | 19 | | the Agency
under subsection (g) of Section 39.
| 20 | | (o) Conduct a sanitary landfill operation which is | 21 | | required to have a
permit under subsection (d) of this | 22 | | Section, in a manner which results in
any of the following | 23 | | conditions:
| 24 | | (1) refuse in standing or flowing waters;
| 25 | | (2) leachate flows entering waters of the State;
| 26 | | (3) leachate flows exiting the landfill confines (as |
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| 1 | | determined by the
boundaries established for the landfill | 2 | | by a permit issued by the Agency);
| 3 | | (4) open burning of refuse in violation of Section 9 | 4 | | of this Act;
| 5 | | (5) uncovered refuse remaining from any previous | 6 | | operating day or at the
conclusion of any operating day, | 7 | | unless authorized by permit;
| 8 | | (6) failure to provide final cover within time limits | 9 | | established by
Board regulations;
| 10 | | (7) acceptance of wastes without necessary permits;
| 11 | | (8) scavenging as defined by Board regulations;
| 12 | | (9) deposition of refuse in any unpermitted portion of | 13 | | the landfill;
| 14 | | (10) acceptance of a special waste without a required | 15 | | manifest;
| 16 | | (11) failure to submit reports required by permits or | 17 | | Board regulations;
| 18 | | (12) failure to collect and contain litter from the | 19 | | site by the end of
each operating day;
| 20 | | (13) failure to submit any cost estimate for the site | 21 | | or any performance
bond or other security for the site as | 22 | | required by this Act or Board rules.
| 23 | | The prohibitions specified in this subsection (o) shall be | 24 | | enforceable by
the Agency either by administrative citation | 25 | | under Section 31.1 of this Act
or as otherwise provided by this | 26 | | Act. The specific prohibitions in this
subsection do not limit |
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| 1 | | the power of the Board to establish regulations
or standards | 2 | | applicable to sanitary landfills.
| 3 | | (p) In violation of subdivision (a) of this Section, cause | 4 | | or allow the
open dumping of any waste in a manner which | 5 | | results in any of the following
occurrences at the dump site:
| 6 | | (1) litter;
| 7 | | (2) scavenging;
| 8 | | (3) open burning;
| 9 | | (4) deposition of waste in standing or flowing waters;
| 10 | | (5) proliferation of disease vectors;
| 11 | | (6) standing or flowing liquid discharge from the dump | 12 | | site;
| 13 | | (7) deposition of:
| 14 | | (i) general construction or demolition debris as | 15 | | defined in Section
3.160(a) of this Act; or
| 16 | | (ii) clean construction or demolition debris as | 17 | | defined in Section
3.160(b) of this Act.
| 18 | | The prohibitions specified in this subsection (p) shall be
| 19 | | enforceable by the Agency either by administrative citation | 20 | | under Section
31.1 of this Act or as otherwise provided by this | 21 | | Act. The specific
prohibitions in this subsection do not limit | 22 | | the power of the Board to
establish regulations or standards | 23 | | applicable to open dumping.
| 24 | | (q) Conduct a landscape waste composting operation without | 25 | | an Agency
permit, provided, however, that no permit shall be | 26 | | required for any person:
|
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| 1 | | (1) conducting a landscape waste composting operation | 2 | | for landscape
wastes generated by such person's own | 3 | | activities which are stored, treated,
or disposed of | 4 | | within the site where such wastes are generated; or
| 5 | | (1.5) conducting a landscape waste composting | 6 | | operation that (i) has no more than 25 cubic yards of | 7 | | landscape waste, composting additives, composting | 8 | | material, or end-product compost on-site at any one time | 9 | | and (ii) is not engaging in commercial activity; or | 10 | | (2) applying landscape waste or composted landscape | 11 | | waste at agronomic
rates; or
| 12 | | (2.5) operating a landscape waste composting facility | 13 | | at a site having 10 or more occupied non-farm residences | 14 | | within 1/2 mile of its boundaries, if the facility meets | 15 | | all of the following criteria: | 16 | | (A) the composting facility is operated by the | 17 | | farmer on property on which the composting material is | 18 | | utilized, and the composting facility
constitutes no | 19 | | more than 2% of the site's total acreage; | 20 | | (A-5) any composting additives that the composting | 21 | | facility accepts and uses at the facility are | 22 | | necessary to provide proper conditions for composting | 23 | | and do not exceed 10% of the total composting material | 24 | | at the facility at any one time; | 25 | | (B) the property on which the composting facility | 26 | | is located, and any associated property on which the |
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| 1 | | compost is used, is principally and diligently devoted | 2 | | to the production of agricultural crops and is not | 3 | | owned, leased, or otherwise controlled by any waste | 4 | | hauler or generator of nonagricultural compost | 5 | | materials, and the operator of the composting facility | 6 | | is not an employee, partner, shareholder, or in any | 7 | | way connected with or controlled by any such waste | 8 | | hauler or generator; | 9 | | (C) all compost generated by the composting | 10 | | facility is applied at agronomic rates and used as | 11 | | mulch, fertilizer, or soil conditioner on land | 12 | | actually farmed by the person operating the composting | 13 | | facility, and the finished compost is not stored at | 14 | | the composting site for a period longer than 18 months | 15 | | prior to its application as mulch, fertilizer, or soil | 16 | | conditioner; | 17 | | (D) no fee is charged for the acceptance of | 18 | | materials to be composted at the facility; and | 19 | | (E) the owner or operator, by January 1, 2014 (or | 20 | | the January 1
following commencement of operation, | 21 | | whichever is later) and January 1 of
each year | 22 | | thereafter, registers the site with the Agency, (ii) | 23 | | reports to the Agency on the volume of composting | 24 | | material received and used at the site; (iii) | 25 | | certifies to the Agency that the site complies with | 26 | | the
requirements set forth in subparagraphs (A), |
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| 1 | | (A-5), (B), (C), and (D) of this paragraph
(2.5); and | 2 | | (iv) certifies to the Agency that all composting | 3 | | material was placed more than 200 feet from the | 4 | | nearest potable water supply well, was placed outside | 5 | | the boundary of the 10-year floodplain or on a part of | 6 | | the site that is floodproofed, was placed at least 1/4 | 7 | | mile from the nearest residence (other than a | 8 | | residence located on the same property as the | 9 | | facility) or a lesser distance from the nearest | 10 | | residence (other than a residence located on the same | 11 | | property as the facility) if the municipality in which | 12 | | the facility is located has by ordinance approved a | 13 | | lesser distance than 1/4 mile, and was placed more | 14 | | than 5 feet above the water table; any ordinance | 15 | | approving a residential setback of less than 1/4 mile | 16 | | that is used to meet the requirements of this | 17 | | subparagraph (E) of paragraph (2.5) of this subsection | 18 | | must specifically reference this paragraph; or | 19 | | (3) operating a landscape waste composting facility on | 20 | | a farm, if the
facility meets all of the following | 21 | | criteria:
| 22 | | (A) the composting facility is operated by the | 23 | | farmer on property on
which the composting material is | 24 | | utilized, and the composting facility
constitutes no | 25 | | more than 2% of the property's total acreage, except | 26 | | that
the Board may allow a higher percentage for |
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| 1 | | individual sites where the owner
or operator has | 2 | | demonstrated to the Board that the site's soil
| 3 | | characteristics or crop needs require a higher rate;
| 4 | | (A-1) the composting facility accepts from other | 5 | | agricultural operations for composting with landscape | 6 | | waste no materials other than uncontaminated and | 7 | | source-separated (i) crop residue and other | 8 | | agricultural plant residue generated from the | 9 | | production and harvesting of crops and other customary | 10 | | farm practices, including, but not limited to, stalks, | 11 | | leaves, seed pods, husks, bagasse, and roots and (ii) | 12 | | plant-derived animal bedding, such as straw or | 13 | | sawdust, that is free of manure and was not made from | 14 | | painted or treated wood; | 15 | | (A-2) any composting additives that the composting | 16 | | facility accepts and uses at the facility are | 17 | | necessary to provide proper conditions for composting | 18 | | and do not exceed 10% of the total composting material | 19 | | at the facility at any one time; | 20 | | (B) the property on which the composting facility | 21 | | is located, and any
associated property on which the | 22 | | compost is used, is principally and
diligently devoted | 23 | | to the production of agricultural crops and
is not | 24 | | owned, leased or otherwise controlled by any waste | 25 | | hauler
or generator of nonagricultural compost | 26 | | materials, and the operator of the
composting facility |
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| 1 | | is not an employee, partner, shareholder, or in any | 2 | | way
connected with or controlled by any such waste | 3 | | hauler or generator;
| 4 | | (C) all compost generated by the composting | 5 | | facility is applied at
agronomic rates and used as | 6 | | mulch, fertilizer or soil conditioner on land
actually | 7 | | farmed by the person operating the composting | 8 | | facility, and the
finished compost is not stored at | 9 | | the composting site for a period longer
than 18 months | 10 | | prior to its application as mulch, fertilizer, or soil | 11 | | conditioner;
| 12 | | (D) the owner or operator, by January 1 of
each | 13 | | year, (i) 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-1), (A-2), (B), and (C) of this paragraph
(q)(3), | 19 | | and (iv) certifies to the Agency that all composting | 20 | | material: | 21 | | (I) was
placed more than 200 feet from the | 22 | | nearest potable water supply well; | 23 | | (II) was
placed outside the boundary of the | 24 | | 10-year floodplain or on a part of the
site that is | 25 | | floodproofed; | 26 | | (III) was placed either (aa) at least 1/4 mile |
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| 1 | | from the nearest
residence (other than a residence | 2 | | located on the same property as the
facility) and | 3 | | there are not more than 10 occupied non-farm | 4 | | residences
within 1/2 mile of the boundaries of | 5 | | the site on the date of application or (bb) a | 6 | | lesser distance from the nearest residence (other | 7 | | than a residence located on the same property as | 8 | | the facility) provided that the municipality or | 9 | | county in which the facility is located has by | 10 | | ordinance approved a lesser distance than 1/4 mile | 11 | | and there are not more than 10 occupied non-farm | 12 | | residences
within 1/2 mile of the boundaries of | 13 | | the site on the date of application;
and | 14 | | (IV) was placed more than 5 feet above the | 15 | | water table. | 16 | | Any ordinance approving a residential setback of | 17 | | less than 1/4 mile that is used to meet the | 18 | | requirements of this subparagraph (D) must | 19 | | specifically reference this subparagraph.
| 20 | | For the purposes of this subsection (q), "agronomic rates" | 21 | | means the
application of not more than 20 tons per acre per | 22 | | year, except that the
Board may allow a higher rate for | 23 | | individual sites where the owner or
operator has demonstrated | 24 | | to the Board that the site's soil
characteristics or crop | 25 | | needs require a higher rate.
| 26 | | (r) Cause or allow the storage or disposal of coal |
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| 1 | | combustion
waste unless:
| 2 | | (1) such waste is stored or disposed of at a site or
| 3 | | facility for which
a permit has been obtained or is not | 4 | | otherwise required under subsection
(d) of this Section; | 5 | | or
| 6 | | (2) such waste is stored or disposed of as a part of
| 7 | | the design and
reclamation of a site or facility which is | 8 | | an abandoned mine site in
accordance with the Abandoned | 9 | | Mined Lands and Water Reclamation Act; or
| 10 | | (3) such waste is stored or disposed of at a site or
| 11 | | facility which is
operating under NPDES and Subtitle D | 12 | | permits issued by the Agency pursuant
to regulations | 13 | | adopted by the Board for mine-related water pollution and
| 14 | | permits issued pursuant to the federal Federal Surface | 15 | | Mining Control and
Reclamation Act of 1977 (P.L. 95-87) or | 16 | | the rules and regulations
thereunder or any law or rule or | 17 | | regulation adopted by the State of
Illinois pursuant | 18 | | thereto, and the owner or operator of the facility agrees
| 19 | | to accept the waste; and either :
| 20 | | (i) such waste is stored or disposed of in | 21 | | accordance
with requirements
applicable to refuse | 22 | | disposal under regulations adopted by the Board for
| 23 | | mine-related water pollution and pursuant to NPDES and | 24 | | Subtitle D permits
issued by the Agency under such | 25 | | regulations; or
| 26 | | (ii) the owner or operator of the facility |
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| 1 | | demonstrates all of the
following to the Agency, and | 2 | | the facility is operated in accordance with
the | 3 | | demonstration as approved by the Agency: (1) the | 4 | | disposal area will be
covered in a manner that will | 5 | | support continuous vegetation, (2) the
facility will | 6 | | be adequately protected from wind and water erosion, | 7 | | (3) the
pH will be maintained so as to prevent | 8 | | excessive leaching of metal ions,
and (4) adequate | 9 | | containment or other measures will be provided to | 10 | | protect
surface water and groundwater from | 11 | | contamination at levels prohibited by
this Act, the | 12 | | Illinois Groundwater Protection Act, or regulations | 13 | | adopted
pursuant thereto.
| 14 | | Notwithstanding any other provision of this Title, the | 15 | | disposal of coal
combustion waste pursuant to item (2) or (3) | 16 | | of this
subdivision (r) shall
be exempt from the other | 17 | | provisions of this Title V, and notwithstanding
the provisions | 18 | | of Title X of this Act, the Agency is authorized to grant
| 19 | | experimental permits which include provision for the disposal | 20 | | of
wastes from the combustion of coal and other materials | 21 | | pursuant to items
(2) and (3) of this subdivision (r).
| 22 | | (s) After April 1, 1989, offer for transportation, | 23 | | transport, deliver,
receive or accept special waste for which | 24 | | a manifest is required, unless
the manifest indicates that the | 25 | | fee required under Section 22.8 of this
Act has been paid.
| 26 | | (t) Cause or allow a lateral expansion of a municipal |
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| 1 | | solid waste landfill
unit on or after October 9, 1993, without | 2 | | a permit modification, granted by the
Agency, that authorizes | 3 | | the lateral expansion.
| 4 | | (u) Conduct any vegetable by-product treatment, storage, | 5 | | disposal or
transportation operation in violation of any | 6 | | regulation, standards or permit
requirements adopted by the | 7 | | Board under this Act. However, no permit shall be
required | 8 | | under this Title V for the land application of vegetable | 9 | | by-products
conducted pursuant to Agency permit issued under | 10 | | Title III of this Act to
the generator of the vegetable | 11 | | by-products. In addition, vegetable by-products
may be | 12 | | transported in this State without a special waste hauling | 13 | | permit, and
without the preparation and carrying of a | 14 | | manifest.
| 15 | | (v) (Blank).
| 16 | | (w) Conduct any generation, transportation, or recycling | 17 | | of construction or
demolition debris, clean or general, or | 18 | | uncontaminated soil generated during
construction, remodeling, | 19 | | repair, and demolition of utilities, structures, and
roads | 20 | | that is not commingled with any waste, without the maintenance | 21 | | of
documentation identifying the hauler, generator, place of | 22 | | origin of the debris
or soil, the weight or volume of the | 23 | | debris or soil, and the location, owner,
and operator of the | 24 | | facility where the debris or soil was transferred,
disposed, | 25 | | recycled, or treated. This documentation must be maintained by | 26 | | the
generator, transporter, or recycler for 3 years.
This |
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| 1 | | subsection (w) shall not apply to (1) a permitted pollution | 2 | | control
facility that transfers or accepts construction or | 3 | | demolition debris,
clean or general, or uncontaminated soil | 4 | | for final disposal, recycling, or
treatment, (2) a public | 5 | | utility (as that term is defined in the Public
Utilities Act) | 6 | | or a municipal utility, (3) the Illinois Department of
| 7 | | Transportation, or (4) a municipality or a county highway | 8 | | department, with
the exception of any municipality or county | 9 | | highway department located within a
county having a population | 10 | | of over 3,000,000 inhabitants or located in a county
that
is | 11 | | contiguous to a county having a population of over 3,000,000 | 12 | | inhabitants;
but it shall apply to an entity that contracts | 13 | | with a public utility, a
municipal utility, the Illinois | 14 | | Department of Transportation, or a
municipality or a county | 15 | | highway department.
The terms
"generation" and "recycling" , as
| 16 | | used in this subsection , do not
apply to clean construction or | 17 | | demolition debris
when (i) used as fill material below grade | 18 | | outside of a setback zone
if covered by sufficient | 19 | | uncontaminated soil to support vegetation within 30
days of | 20 | | the completion of filling or if covered by a road or structure, | 21 | | (ii)
solely broken concrete without
protruding metal bars is | 22 | | used for erosion control, or (iii) milled
asphalt or crushed | 23 | | concrete is used as aggregate in construction of the
shoulder | 24 | | of a roadway. The terms "generation" and "recycling", as used | 25 | | in this
subsection, do not apply to uncontaminated soil
that | 26 | | is not commingled with any waste when (i) used as fill material |
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| 1 | | below
grade or contoured to grade, or (ii) used at the site of | 2 | | generation.
| 3 | | (Source: P.A. 100-103, eff. 8-11-17; 101-171, eff. 7-30-19; | 4 | | revised 9-12-19.)
| 5 | | (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
| 6 | | Sec. 39. Issuance of permits; procedures.
| 7 | | (a) When the Board has by regulation required a permit for
| 8 | | the construction, installation, or operation of any type of | 9 | | facility,
equipment, vehicle, vessel, or aircraft, the | 10 | | applicant shall apply to
the Agency for such permit and it | 11 | | shall be the duty of the Agency to
issue such a permit upon | 12 | | proof by the applicant that the facility,
equipment, vehicle, | 13 | | vessel, or aircraft will not cause a violation of
this Act or | 14 | | of regulations hereunder. The Agency shall adopt such
| 15 | | procedures as are necessary to carry out its duties under this | 16 | | Section.
In making its determinations on permit applications | 17 | | under this Section the Agency may consider prior adjudications | 18 | | of
noncompliance with this Act by the applicant that involved | 19 | | a release of a
contaminant into the environment. In granting | 20 | | permits, the Agency
may impose reasonable conditions | 21 | | specifically related to the applicant's past
compliance | 22 | | history with this Act as necessary to correct, detect, or
| 23 | | prevent noncompliance. The Agency may impose such other | 24 | | conditions
as may be necessary to accomplish the purposes of | 25 | | this Act, and as are not
inconsistent with the regulations |
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| 1 | | promulgated by the Board hereunder. Except as
otherwise | 2 | | provided in this Act, a bond or other security shall not be | 3 | | required
as a condition for the issuance of a permit. If the | 4 | | Agency denies any permit
under this Section, the Agency shall | 5 | | transmit to the applicant within the time
limitations of this | 6 | | Section specific, detailed statements as to the reasons the
| 7 | | permit application was denied. Such statements shall include, | 8 | | but not be
limited to the following:
| 9 | | (i) the Sections of this Act which may be violated if | 10 | | the permit
were granted;
| 11 | | (ii) the provision of the regulations, promulgated | 12 | | under this Act,
which may be violated if the permit were | 13 | | granted;
| 14 | | (iii) the specific type of information, if any, which | 15 | | the Agency
deems the applicant did not provide the Agency; | 16 | | and
| 17 | | (iv) a statement of specific reasons why the Act and | 18 | | the regulations
might not be met if the permit were | 19 | | granted.
| 20 | | If there is no final action by the Agency within 90 days | 21 | | after the
filing of the application for permit, the applicant | 22 | | may deem the permit
issued; except that this time period shall | 23 | | be extended to 180 days when
(1) notice and opportunity for | 24 | | public hearing are required by State or
federal law or | 25 | | regulation, (2) the application which was filed is for
any | 26 | | permit to develop a landfill subject to issuance pursuant to |
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| 1 | | this
subsection, or (3) the application that was filed is for a | 2 | | MSWLF unit
required to issue public notice under subsection | 3 | | (p) of Section 39. The
90-day and 180-day time periods for the | 4 | | Agency to take final action do not
apply to NPDES permit | 5 | | applications under subsection (b) of this Section,
to RCRA | 6 | | permit applications under subsection (d) of this Section,
to | 7 | | UIC permit applications under subsection (e) of this Section, | 8 | | or to CCR surface impoundment applications under subsection | 9 | | (y) of this Section.
| 10 | | The Agency shall publish notice of all final permit | 11 | | determinations for
development permits for MSWLF units and for | 12 | | significant permit modifications
for lateral expansions for | 13 | | existing MSWLF units one time in a newspaper of
general | 14 | | circulation in the county in which the unit is or is proposed | 15 | | to be
located.
| 16 | | After January 1, 1994 and until July 1, 1998, operating | 17 | | permits issued under
this Section by the
Agency for sources of | 18 | | air pollution permitted to emit less than 25 tons
per year of | 19 | | any combination of regulated air pollutants, as defined in
| 20 | | Section 39.5 of this Act, shall be required to be renewed only | 21 | | upon written
request by the Agency consistent with applicable | 22 | | provisions of this Act and
regulations promulgated hereunder. | 23 | | Such operating permits shall expire
180 days after the date of | 24 | | such a request. The Board shall revise its
regulations for the | 25 | | existing State air pollution operating permit program
| 26 | | consistent with this provision by January 1, 1994.
|
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| 1 | | After June 30, 1998, operating permits issued under this | 2 | | Section by the
Agency for sources of air pollution that are not | 3 | | subject to Section 39.5 of
this Act and are not required to | 4 | | have a federally enforceable State operating
permit shall be | 5 | | required to be renewed only upon written request by the Agency
| 6 | | consistent with applicable provisions of this Act and its | 7 | | rules. Such
operating permits shall expire 180 days after the | 8 | | date of such a request.
Before July 1, 1998, the Board shall | 9 | | revise its rules for the existing State
air pollution | 10 | | operating permit program consistent with this paragraph and | 11 | | shall
adopt rules that require a source to demonstrate that it | 12 | | qualifies for a permit
under this paragraph.
| 13 | | (b) The Agency may issue NPDES permits exclusively under | 14 | | this
subsection for the discharge of contaminants from point | 15 | | sources into
navigable waters, all as defined in the Federal | 16 | | Water Pollution Control
Act, as now or hereafter amended, | 17 | | within the jurisdiction of the
State, or into any well.
| 18 | | All NPDES permits shall contain those terms and | 19 | | conditions, including ,
but not limited to , schedules of | 20 | | compliance, which may be required to
accomplish the purposes | 21 | | and provisions of this Act.
| 22 | | The Agency may issue general NPDES permits for discharges | 23 | | from categories
of point sources which are subject to the same | 24 | | permit limitations and
conditions. Such general permits may be | 25 | | issued without individual
applications and shall conform to | 26 | | regulations promulgated under Section 402
of the Federal Water |
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| 1 | | Pollution Control Act, as now or hereafter amended.
| 2 | | The Agency may include, among such conditions, effluent | 3 | | limitations
and other requirements established under this Act, | 4 | | Board regulations,
the Federal Water Pollution Control Act, as | 5 | | now or hereafter amended, and
regulations pursuant thereto, | 6 | | and schedules for achieving compliance
therewith at the | 7 | | earliest reasonable date.
| 8 | | The Agency shall adopt filing requirements and procedures | 9 | | which are
necessary and appropriate for the issuance of NPDES | 10 | | permits, and which
are consistent with the Act or regulations | 11 | | adopted by the Board, and
with the Federal Water Pollution | 12 | | Control Act, as now or hereafter
amended, and regulations | 13 | | pursuant thereto.
| 14 | | The Agency, subject to any conditions which may be | 15 | | prescribed by
Board regulations, may issue NPDES permits to | 16 | | allow discharges beyond
deadlines established by this Act or | 17 | | by regulations of the Board without
the requirement of a | 18 | | variance, subject to the Federal Water Pollution
Control Act, | 19 | | as now or hereafter amended, and regulations pursuant thereto.
| 20 | | (c) Except for those facilities owned or operated by | 21 | | sanitary districts
organized under the Metropolitan Water | 22 | | Reclamation District Act, no
permit for the development or | 23 | | construction of a new pollution control
facility may be | 24 | | granted by the Agency unless the applicant submits proof to | 25 | | the
Agency that the location of the facility has been approved | 26 | | by the county board County Board
of the county if in an |
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| 1 | | unincorporated area, or the governing body of the
municipality | 2 | | when in an incorporated area, in which the facility is to be
| 3 | | located in accordance with Section 39.2 of this Act. For | 4 | | purposes of this subsection (c), and for purposes of Section | 5 | | 39.2 of this Act, the appropriate county board or governing | 6 | | body of the municipality shall be the county board of the | 7 | | county or the governing body of the municipality in which the | 8 | | facility is to be located as of the date when the application | 9 | | for siting approval is filed.
| 10 | | In the event that siting approval granted pursuant to | 11 | | Section 39.2 has
been transferred to a subsequent owner or | 12 | | operator, that subsequent owner or
operator may apply to the | 13 | | Agency for, and the Agency may grant, a development
or | 14 | | construction permit for the facility for which local siting | 15 | | approval was
granted. Upon application to the Agency for a | 16 | | development or
construction permit by that subsequent owner or | 17 | | operator,
the permit applicant shall cause written notice of | 18 | | the permit application
to be served upon the appropriate | 19 | | county board or governing body of the
municipality that | 20 | | granted siting approval for that facility and upon any party
| 21 | | to the siting proceeding pursuant to which siting approval was | 22 | | granted. In
that event, the Agency shall conduct an evaluation | 23 | | of the subsequent owner or
operator's prior experience in | 24 | | waste management operations in the manner
conducted under | 25 | | subsection (i) of Section 39 of this Act.
| 26 | | Beginning August 20, 1993, if the pollution control |
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| 1 | | facility consists of a
hazardous or solid waste disposal | 2 | | facility for which the proposed site is
located in an | 3 | | unincorporated area of a county with a population of less than
| 4 | | 100,000 and includes all or a portion of a parcel of land that | 5 | | was, on April 1,
1993, adjacent to a municipality having a | 6 | | population of less than 5,000, then
the local siting review | 7 | | required under this subsection (c) in conjunction with
any | 8 | | permit applied for after that date shall be performed by the | 9 | | governing body
of that adjacent municipality rather than the | 10 | | county board of the county in
which the proposed site is | 11 | | located; and for the purposes of that local siting
review, any | 12 | | references in this Act to the county board shall be deemed to | 13 | | mean
the governing body of that adjacent municipality; | 14 | | provided, however, that the
provisions of this paragraph shall | 15 | | not apply to any proposed site which was, on
April 1, 1993, | 16 | | owned in whole or in part by another municipality.
| 17 | | In the case of a pollution control facility for which a
| 18 | | development permit was issued before November 12, 1981, if an | 19 | | operating
permit has not been issued by the Agency prior to | 20 | | August 31, 1989 for
any portion of the facility, then the | 21 | | Agency may not issue or renew any
development permit nor issue | 22 | | an original operating permit for any portion of
such facility | 23 | | unless the applicant has submitted proof to the Agency that | 24 | | the
location of the facility has been approved by the | 25 | | appropriate county board or
municipal governing body pursuant | 26 | | to Section 39.2 of this Act.
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| 1 | | After January 1, 1994, if a solid waste
disposal facility, | 2 | | any portion for which an operating permit has been issued by
| 3 | | the Agency, has not accepted waste disposal for 5 or more | 4 | | consecutive calendar calendars
years, before that facility may | 5 | | accept any new or additional waste for
disposal, the owner and | 6 | | operator must obtain a new operating permit under this
Act for | 7 | | that facility unless the owner and operator have applied to | 8 | | the Agency
for a permit authorizing the temporary suspension | 9 | | of waste acceptance. The
Agency may not issue a new operation | 10 | | permit under this Act for the facility
unless the applicant | 11 | | has submitted proof to the Agency that the location of the
| 12 | | facility has been approved or re-approved by the appropriate | 13 | | county board or
municipal governing body under Section 39.2 of | 14 | | this Act after the facility
ceased accepting waste.
| 15 | | Except for those facilities owned or operated by sanitary | 16 | | districts
organized under the Metropolitan Water Reclamation | 17 | | District Act, and
except for new pollution control facilities | 18 | | governed by Section 39.2,
and except for fossil fuel mining | 19 | | facilities, the granting of a permit under
this Act shall not | 20 | | relieve the applicant from meeting and securing all
necessary | 21 | | zoning approvals from the unit of government having zoning
| 22 | | jurisdiction over the proposed facility.
| 23 | | Before beginning construction on any new sewage treatment | 24 | | plant or sludge
drying site to be owned or operated by a | 25 | | sanitary district organized under
the Metropolitan Water | 26 | | Reclamation District Act for which a new
permit (rather than |
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| 1 | | the renewal or amendment of an existing permit) is
required, | 2 | | such sanitary district shall hold a public hearing within the
| 3 | | municipality within which the proposed facility is to be | 4 | | located, or within the
nearest community if the proposed | 5 | | facility is to be located within an
unincorporated area, at | 6 | | which information concerning the proposed facility
shall be | 7 | | made available to the public, and members of the public shall | 8 | | be given
the opportunity to express their views concerning the | 9 | | proposed facility.
| 10 | | The Agency may issue a permit for a municipal waste | 11 | | transfer station
without requiring approval pursuant to | 12 | | Section 39.2 provided that the following
demonstration is | 13 | | made:
| 14 | | (1) the municipal waste transfer station was in | 15 | | existence on or before
January 1, 1979 and was in | 16 | | continuous operation from January 1, 1979 to January
1, | 17 | | 1993;
| 18 | | (2) the operator submitted a permit application to the | 19 | | Agency to develop
and operate the municipal waste transfer | 20 | | station during April of 1994;
| 21 | | (3) the operator can demonstrate that the county board | 22 | | of the county, if
the municipal waste transfer station is | 23 | | in an unincorporated area, or the
governing body of the | 24 | | municipality, if the station is in an incorporated area,
| 25 | | does not object to resumption of the operation of the | 26 | | station; and
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| 1 | | (4) the site has local zoning approval.
| 2 | | (d) The Agency may issue RCRA permits exclusively under | 3 | | this
subsection to persons owning or operating a facility for | 4 | | the treatment,
storage, or disposal of hazardous waste as | 5 | | defined under this Act. Subsection (y) of this Section, rather | 6 | | than this subsection (d), shall apply to permits issued for | 7 | | CCR surface impoundments.
| 8 | | All RCRA permits shall contain those terms and conditions, | 9 | | including , but
not limited to , schedules of compliance, which | 10 | | may be required to accomplish
the purposes and provisions of | 11 | | this Act. The Agency may include among such
conditions | 12 | | standards and other requirements established under this Act,
| 13 | | Board regulations, the Resource Conservation and Recovery Act | 14 | | of 1976 (P.L.
94-580), as amended, and regulations pursuant | 15 | | thereto, and may include
schedules for achieving compliance | 16 | | therewith as soon as possible. The
Agency shall require that a | 17 | | performance bond or other security be provided
as a condition | 18 | | for the issuance of a RCRA permit.
| 19 | | In the case of a permit to operate a hazardous waste or PCB | 20 | | incinerator
as defined in subsection (k) of Section 44, the | 21 | | Agency shall require, as a
condition of the permit, that the | 22 | | operator of the facility perform such
analyses of the waste to | 23 | | be incinerated as may be necessary and appropriate
to ensure | 24 | | the safe operation of the incinerator.
| 25 | | The Agency shall adopt filing requirements and procedures | 26 | | which
are necessary and appropriate for the issuance of RCRA |
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| 1 | | permits, and which
are consistent with the Act or regulations | 2 | | adopted by the Board, and with
the Resource Conservation and | 3 | | Recovery Act of 1976 (P.L. 94-580), as
amended, and | 4 | | regulations pursuant thereto.
| 5 | | The applicant shall make available to the public for | 6 | | inspection all
documents submitted by the applicant to the | 7 | | Agency in furtherance
of an application, with the exception of | 8 | | trade secrets, at the office of
the county board or governing | 9 | | body of the municipality. Such documents
may be copied upon | 10 | | payment of the actual cost of reproduction during regular
| 11 | | business hours of the local office. The Agency shall issue a | 12 | | written statement
concurrent with its grant or denial of the | 13 | | permit explaining the basis for its
decision.
| 14 | | (e) The Agency may issue UIC permits exclusively under | 15 | | this
subsection to persons owning or operating a facility for | 16 | | the underground
injection of contaminants as defined under | 17 | | this Act.
| 18 | | All UIC permits shall contain those terms and conditions, | 19 | | including , but
not limited to , schedules of compliance, which | 20 | | may be required to accomplish
the purposes and provisions of | 21 | | this Act. The Agency may include among such
conditions | 22 | | standards and other requirements established under this Act,
| 23 | | Board regulations, the Safe Drinking Water Act (P.L. 93-523), | 24 | | as amended,
and regulations pursuant thereto, and may include | 25 | | schedules for achieving
compliance therewith. The Agency shall | 26 | | require that a performance bond or
other security be provided |
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| 1 | | as a condition for the issuance of a UIC permit.
| 2 | | The Agency shall adopt filing requirements and procedures | 3 | | which
are necessary and appropriate for the issuance of UIC | 4 | | permits, and which
are consistent with the Act or regulations | 5 | | adopted by the Board, and with
the Safe Drinking Water Act | 6 | | (P.L. 93-523), as amended, and regulations
pursuant thereto.
| 7 | | The applicant shall make available to the public for | 8 | | inspection, all
documents submitted by the applicant to the | 9 | | Agency in furtherance of an
application, with the exception of | 10 | | trade secrets, at the office of the county
board or governing | 11 | | body of the municipality. Such documents may be copied upon
| 12 | | payment of the actual cost of reproduction during regular | 13 | | business hours of the
local office. The Agency shall issue a | 14 | | written statement concurrent with its
grant or denial of the | 15 | | permit explaining the basis for its decision.
| 16 | | (f) In making any determination pursuant to Section 9.1 of | 17 | | this Act:
| 18 | | (1) The Agency shall have authority to make the | 19 | | determination of any
question required to be determined by | 20 | | the Clean Air Act, as now or
hereafter amended, this Act, | 21 | | or the regulations of the Board, including the
| 22 | | determination of the Lowest Achievable Emission Rate, | 23 | | Maximum Achievable
Control Technology, or Best Available | 24 | | Control Technology, consistent with the
Board's | 25 | | regulations, if any.
| 26 | | (2) The Agency shall adopt requirements as necessary |
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| 1 | | to implement public participation procedures, including, | 2 | | but not limited to, public notice, comment, and an | 3 | | opportunity for hearing, which must accompany the | 4 | | processing of applications for PSD permits. The Agency | 5 | | shall briefly describe and respond to all significant | 6 | | comments on the draft permit raised during the public | 7 | | comment period or during any hearing. The Agency may group | 8 | | related comments together and provide one unified response | 9 | | for each issue raised. | 10 | | (3) Any complete permit application submitted to the | 11 | | Agency under this subsection for a PSD permit shall be | 12 | | granted or denied by the Agency not later than one year | 13 | | after the filing of such completed application. | 14 | | (4) The Agency shall, after conferring with the | 15 | | applicant, give written
notice to the applicant of its | 16 | | proposed decision on the application , including
the terms | 17 | | and conditions of the permit to be issued and the facts, | 18 | | conduct ,
or other basis upon which the Agency will rely to | 19 | | support its proposed action.
| 20 | | (g) The Agency shall include as conditions upon all | 21 | | permits issued for
hazardous waste disposal sites such | 22 | | restrictions upon the future use
of such sites as are | 23 | | reasonably necessary to protect public health and
the | 24 | | environment, including permanent prohibition of the use of | 25 | | such
sites for purposes which may create an unreasonable risk | 26 | | of injury to human
health or to the environment. After |
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| 1 | | administrative and judicial challenges
to such restrictions | 2 | | have been exhausted, the Agency shall file such
restrictions | 3 | | of record in the Office of the Recorder of the county in which
| 4 | | the hazardous waste disposal site is located.
| 5 | | (h) A hazardous waste stream may not be deposited in a | 6 | | permitted hazardous
waste site unless specific authorization | 7 | | is obtained from the Agency by the
generator and disposal site | 8 | | owner and operator for the deposit of that specific
hazardous | 9 | | waste stream. The Agency may grant specific authorization for
| 10 | | disposal of hazardous waste streams only after the generator | 11 | | has reasonably
demonstrated that, considering
technological | 12 | | feasibility and economic reasonableness, the hazardous waste
| 13 | | cannot be reasonably recycled for reuse, nor incinerated or | 14 | | chemically,
physically or biologically treated so as to | 15 | | neutralize the hazardous waste
and render it nonhazardous. In | 16 | | granting authorization under this Section,
the Agency may | 17 | | impose such conditions as may be necessary to accomplish
the | 18 | | purposes of the Act and are consistent with this Act and | 19 | | regulations
promulgated by the Board hereunder. If the Agency | 20 | | refuses to grant
authorization under this Section, the | 21 | | applicant may appeal as if the Agency
refused to grant a | 22 | | permit, pursuant to the provisions of subsection (a) of
| 23 | | Section 40 of this Act. For purposes of this subsection (h), | 24 | | the term
"generator" has the meaning given in Section 3.205 of | 25 | | this Act,
unless: (1) the hazardous waste is treated, | 26 | | incinerated, or partially recycled
for reuse prior to |
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| 1 | | disposal, in which case the last person who treats,
| 2 | | incinerates, or partially recycles the hazardous waste prior | 3 | | to disposal is the
generator; or (2) the hazardous waste is | 4 | | from a response action, in which case
the person performing | 5 | | the response action is the generator. This subsection
(h) does | 6 | | not apply to any hazardous waste that is restricted from land | 7 | | disposal
under 35 Ill. Adm. Code 728.
| 8 | | (i) Before issuing any RCRA permit, any permit for a waste | 9 | | storage site,
sanitary landfill, waste disposal site, waste | 10 | | transfer station, waste treatment
facility, waste incinerator, | 11 | | or any waste-transportation operation, any permit or interim | 12 | | authorization for a clean construction or demolition debris | 13 | | fill operation, or any permit required under subsection (d-5) | 14 | | of Section 55, the Agency
shall conduct an evaluation of the | 15 | | prospective owner's or operator's prior
experience in waste | 16 | | management operations, clean construction or demolition debris | 17 | | fill operations, and tire storage site management. The Agency | 18 | | may deny such a permit, or deny or revoke interim | 19 | | authorization,
if the prospective owner or operator or any | 20 | | employee or officer of the
prospective owner or operator has a | 21 | | history of:
| 22 | | (1) repeated violations of federal, State, or local | 23 | | laws, regulations,
standards, or ordinances in the | 24 | | operation of waste management facilities or
sites, clean | 25 | | construction or demolition debris fill operation | 26 | | facilities or sites, or tire storage sites; or
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| 1 | | (2) conviction in this or another State of any crime | 2 | | which is a felony
under the laws of this State, or | 3 | | conviction of a felony in a federal court; or conviction | 4 | | in this or another state or federal court of any of the | 5 | | following crimes: forgery, official misconduct, bribery, | 6 | | perjury, or knowingly submitting false information under | 7 | | any environmental law, regulation, or permit term or | 8 | | condition; or
| 9 | | (3) proof of gross carelessness or incompetence in | 10 | | handling, storing,
processing, transporting or disposing | 11 | | of waste, clean construction or demolition debris, or used | 12 | | or waste tires, or proof of gross carelessness or | 13 | | incompetence in using clean construction or demolition | 14 | | debris as fill.
| 15 | | (i-5) Before issuing any permit or approving any interim | 16 | | authorization for a clean construction or demolition debris | 17 | | fill operation in which any ownership interest is transferred | 18 | | between January 1, 2005, and the effective date of the | 19 | | prohibition set forth in Section 22.52 of this Act, the Agency | 20 | | shall conduct an evaluation of the operation if any previous | 21 | | activities at the site or facility may have caused or allowed | 22 | | contamination of the site. It shall be the responsibility of | 23 | | the owner or operator seeking the permit or interim | 24 | | authorization to provide to the Agency all of the information | 25 | | necessary for the Agency to conduct its evaluation. The Agency | 26 | | may deny a permit or interim authorization if previous |
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| 1 | | activities at the site may have caused or allowed | 2 | | contamination at the site, unless such contamination is | 3 | | authorized under any permit issued by the Agency.
| 4 | | (j) The issuance under this Act of a permit to engage in | 5 | | the surface mining
of any resources other than fossil fuels | 6 | | shall not relieve
the permittee from its duty to comply with | 7 | | any applicable local law regulating
the commencement, location | 8 | | or operation of surface mining facilities.
| 9 | | (k) A development permit issued under subsection (a) of | 10 | | Section 39 for any
facility or site which is required to have a | 11 | | permit under subsection (d) of
Section 21 shall expire at the | 12 | | end of 2 calendar years from the date upon which
it was issued, | 13 | | unless within that period the applicant has taken action to
| 14 | | develop the facility or the site. In the event that review of | 15 | | the
conditions of the development permit is sought pursuant to | 16 | | Section 40 or
41, or permittee is prevented from commencing | 17 | | development of the facility
or site by any other litigation | 18 | | beyond the permittee's control, such
two-year period shall be | 19 | | deemed to begin on the date upon which such review
process or | 20 | | litigation is concluded.
| 21 | | (l) No permit shall be issued by the Agency under this Act | 22 | | for
construction or operation of any facility or site located | 23 | | within the
boundaries of any setback zone established pursuant | 24 | | to this Act, where such
construction or operation is | 25 | | prohibited.
| 26 | | (m) The Agency may issue permits to persons owning or |
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| 1 | | operating
a facility for composting landscape waste. In | 2 | | granting such permits, the Agency
may impose such conditions | 3 | | as may be necessary to accomplish the purposes of
this Act, and | 4 | | as are not inconsistent with applicable regulations | 5 | | promulgated
by the Board. Except as otherwise provided in this | 6 | | Act, a bond or other
security shall not be required as a | 7 | | condition for the issuance of a permit. If
the Agency denies | 8 | | any permit pursuant to this subsection, the Agency shall
| 9 | | transmit to the applicant within the time limitations of this | 10 | | subsection
specific, detailed statements as to the reasons the | 11 | | permit application was
denied. Such statements shall include | 12 | | but not be limited to the following:
| 13 | | (1) the Sections of this Act that may be violated if | 14 | | the permit
were granted;
| 15 | | (2) the specific regulations promulgated pursuant to | 16 | | this
Act that may be violated if the permit were granted;
| 17 | | (3) the specific information, if any, the Agency deems | 18 | | the
applicant did not provide in its application to the | 19 | | Agency; and
| 20 | | (4) a statement of specific reasons why the Act and | 21 | | the regulations
might be violated if the permit were | 22 | | granted.
| 23 | | If no final action is taken by the Agency within 90 days | 24 | | after the filing
of the application for permit, the applicant | 25 | | may deem the permit issued.
Any applicant for a permit may | 26 | | waive the 90-day limitation by filing a
written statement with |
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| 1 | | the Agency.
| 2 | | The Agency shall issue permits for such facilities upon | 3 | | receipt of an
application that includes a legal description of | 4 | | the site, a topographic
map of the site drawn to the scale of | 5 | | 200 feet to the inch or larger, a
description of the operation, | 6 | | including the area served, an estimate of
the volume of | 7 | | materials to be processed, and documentation that:
| 8 | | (1) the facility includes a setback of at
least 200 | 9 | | feet from the nearest potable water supply well;
| 10 | | (2) the facility is located outside the boundary
of | 11 | | the 10-year floodplain or the site will be floodproofed;
| 12 | | (3) the facility is located so as to minimize
| 13 | | incompatibility with the character of the surrounding | 14 | | area, including at
least a 200 foot setback from any | 15 | | residence, and in the case of a
facility that is developed | 16 | | or the permitted composting area of which is
expanded | 17 | | after November 17, 1991, the composting area is located at | 18 | | least 1/8
mile from the nearest residence (other than a | 19 | | residence located on the same
property as the facility);
| 20 | | (4) the design of the facility will prevent any | 21 | | compost material from
being placed within 5 feet of the | 22 | | water table, will adequately control runoff
from the site, | 23 | | and will collect and manage any leachate that is generated | 24 | | on
the site;
| 25 | | (5) the operation of the facility will include | 26 | | appropriate dust
and odor control measures, limitations on |
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| 1 | | operating hours, appropriate
noise control measures for | 2 | | shredding, chipping and similar equipment,
management | 3 | | procedures for composting, containment and disposal of
| 4 | | non-compostable wastes, procedures to be used for
| 5 | | terminating operations at the site, and recordkeeping | 6 | | sufficient to
document the amount of materials received, | 7 | | composted and otherwise
disposed of; and
| 8 | | (6) the operation will be conducted in accordance with | 9 | | any applicable
rules adopted by the Board.
| 10 | | The Agency shall issue renewable permits of not longer | 11 | | than 10 years
in duration for the composting of landscape | 12 | | wastes, as defined in Section
3.155 of this Act, based on the | 13 | | above requirements.
| 14 | | The operator of any facility permitted under this | 15 | | subsection (m) must
submit a written annual statement to the | 16 | | Agency on or before April 1 of
each year that includes an | 17 | | estimate of the amount of material, in tons,
received for | 18 | | composting.
| 19 | | (n) The Agency shall issue permits jointly with the | 20 | | Department of
Transportation for the dredging or deposit of | 21 | | material in Lake Michigan in
accordance with Section 18 of the | 22 | | Rivers, Lakes, and Streams Act.
| 23 | | (o) (Blank.)
| 24 | | (p) (1) Any person submitting an application for a permit | 25 | | for a new MSWLF
unit or for a lateral expansion under | 26 | | subsection (t) of Section 21 of this Act
for an existing MSWLF |
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| 1 | | unit that has not received and is not subject to local
siting | 2 | | approval under Section 39.2 of this Act shall publish notice | 3 | | of the
application in a newspaper of general circulation in | 4 | | the county in which the
MSWLF unit is or is proposed to be | 5 | | located. The notice must be published at
least 15 days before | 6 | | submission of the permit application to the Agency. The
notice | 7 | | shall state the name and address of the applicant, the | 8 | | location of the
MSWLF unit or proposed MSWLF unit, the nature | 9 | | and size of the MSWLF unit or
proposed MSWLF unit, the nature | 10 | | of the activity proposed, the probable life of
the proposed | 11 | | activity, the date the permit application will be submitted, | 12 | | and a
statement that persons may file written comments with | 13 | | the Agency concerning the
permit application within 30 days | 14 | | after the filing of the permit application
unless the time | 15 | | period to submit comments is extended by the Agency.
| 16 | | When a permit applicant submits information to the Agency | 17 | | to supplement a
permit application being reviewed by the | 18 | | Agency, the applicant shall not be
required to reissue the | 19 | | notice under this subsection.
| 20 | | (2) The Agency shall accept written comments concerning | 21 | | the permit
application that are postmarked no later than 30 | 22 | | days after the
filing of the permit application, unless the | 23 | | time period to accept comments is
extended by the Agency.
| 24 | | (3) Each applicant for a permit described in part (1) of | 25 | | this subsection
shall file a
copy of the permit application | 26 | | with the county board or governing body of the
municipality in |
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| 1 | | which the MSWLF unit is or is proposed to be located at the
| 2 | | same time the application is submitted to the Agency. The | 3 | | permit application
filed with the county board or governing | 4 | | body of the municipality shall include
all documents submitted | 5 | | to or to be submitted to the Agency, except trade
secrets as | 6 | | determined under Section 7.1 of this Act. The permit | 7 | | application
and other documents on file with the county board | 8 | | or governing body of the
municipality shall be made available | 9 | | for public inspection during regular
business hours at the | 10 | | office of the county board or the governing body of the
| 11 | | municipality and may be copied upon payment of the actual cost | 12 | | of
reproduction.
| 13 | | (q) Within 6 months after July 12, 2011 (the effective | 14 | | date of Public Act 97-95), the Agency, in consultation with | 15 | | the regulated community, shall develop a web portal to be | 16 | | posted on its website for the purpose of enhancing review and | 17 | | promoting timely issuance of permits required by this Act. At | 18 | | a minimum, the Agency shall make the following information | 19 | | available on the web portal: | 20 | | (1) Checklists and guidance relating to the completion | 21 | | of permit applications, developed pursuant to subsection | 22 | | (s) of this Section, which may include, but are not | 23 | | limited to, existing instructions for completing the | 24 | | applications and examples of complete applications. As the | 25 | | Agency develops new checklists and develops guidance, it | 26 | | shall supplement the web portal with those materials. |
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| 1 | | (2) Within 2 years after July 12, 2011 (the effective | 2 | | date of Public Act 97-95), permit application forms or | 3 | | portions of permit applications that can be completed and | 4 | | saved electronically, and submitted to the Agency | 5 | | electronically with digital signatures. | 6 | | (3) Within 2 years after July 12, 2011 (the effective | 7 | | date of Public Act 97-95), an online tracking system where | 8 | | an applicant may review the status of its pending | 9 | | application, including the name and contact information of | 10 | | the permit analyst assigned to the application. Until the | 11 | | online tracking system has been developed, the Agency | 12 | | shall post on its website semi-annual permitting | 13 | | efficiency tracking reports that include statistics on the | 14 | | timeframes for Agency action on the following types of | 15 | | permits received after July 12, 2011 (the effective date | 16 | | of Public Act 97-95): air construction permits, new NPDES | 17 | | permits and associated water construction permits, and | 18 | | modifications of major NPDES permits and associated water | 19 | | construction permits. The reports must be posted by | 20 | | February 1 and August 1 each year and shall include: | 21 | | (A) the number of applications received for each | 22 | | type of permit, the number of applications on which | 23 | | the Agency has taken action, and the number of | 24 | | applications still pending; and | 25 | | (B) for those applications where the Agency has | 26 | | not taken action in accordance with the timeframes set |
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| 1 | | forth in this Act, the date the application was | 2 | | received and the reasons for any delays, which may | 3 | | include, but shall not be limited to, (i) the | 4 | | application being inadequate or incomplete, (ii) | 5 | | scientific or technical disagreements with the | 6 | | applicant, USEPA, or other local, state, or federal | 7 | | agencies involved in the permitting approval process, | 8 | | (iii) public opposition to the permit, or (iv) Agency | 9 | | staffing shortages. To the extent practicable, the | 10 | | tracking report shall provide approximate dates when | 11 | | cause for delay was identified by the Agency, when the | 12 | | Agency informed the applicant of the problem leading | 13 | | to the delay, and when the applicant remedied the | 14 | | reason for the delay. | 15 | | (r) Upon the request of the applicant, the Agency shall | 16 | | notify the applicant of the permit analyst assigned to the | 17 | | application upon its receipt. | 18 | | (s) The Agency is authorized to prepare and distribute | 19 | | guidance documents relating to its administration of this | 20 | | Section and procedural rules implementing this Section. | 21 | | Guidance documents prepared under this subsection shall not be | 22 | | considered rules and shall not be subject to the Illinois | 23 | | Administrative Procedure Act. Such guidance shall not be | 24 | | binding on any party. | 25 | | (t) Except as otherwise prohibited by federal law or | 26 | | regulation, any person submitting an application for a permit |
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| 1 | | may include with the application suggested permit language for | 2 | | Agency consideration. The Agency is not obligated to use the | 3 | | suggested language or any portion thereof in its permitting | 4 | | decision. If requested by the permit applicant, the Agency | 5 | | shall meet with the applicant to discuss the suggested | 6 | | language. | 7 | | (u) If requested by the permit applicant, the Agency shall | 8 | | provide the permit applicant with a copy of the draft permit | 9 | | prior to any public review period. | 10 | | (v) If requested by the permit applicant, the Agency shall | 11 | | provide the permit applicant with a copy of the final permit | 12 | | prior to its issuance. | 13 | | (w) An air pollution permit shall not be required due to | 14 | | emissions of greenhouse gases, as specified by Section 9.15 of | 15 | | this Act. | 16 | | (x) If, before the expiration of a State operating permit | 17 | | that is issued pursuant to subsection (a) of this Section and | 18 | | contains federally enforceable conditions limiting the | 19 | | potential to emit of the source to a level below the major | 20 | | source threshold for that source so as to exclude the source | 21 | | from the Clean Air Act Permit Program, the Agency receives a | 22 | | complete application for the renewal of that permit, then all | 23 | | of the terms and conditions of the permit shall remain in | 24 | | effect until final administrative action has been taken on the | 25 | | application for the renewal of the permit. | 26 | | (y) The Agency may issue permits exclusively under this |
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| 1 | | subsection to persons owning or operating a CCR surface | 2 | | impoundment subject to Section 22.59. | 3 | | (z) If a mass animal mortality event is declared by the | 4 | | Department of Agriculture in accordance with the Animal | 5 | | Mortality Act: | 6 | | (1) the owner or operator responsible for the disposal | 7 | | of dead animals is exempted from the following: | 8 | | (i) obtaining a permit for the construction, | 9 | | installation, or operation of any type of facility or | 10 | | equipment issued in accordance with subsection (a) of | 11 | | this Section; | 12 | | (ii) obtaining a permit for open burning in | 13 | | accordance with the rules adopted by the Board; and | 14 | | (iii) registering the disposal of dead animals as | 15 | | an eligible small source with the Agency in accordance | 16 | | with Section 9.14 of this Act; | 17 | | (2) as applicable, the owner or operator responsible | 18 | | for the disposal of dead animals is required to obtain the | 19 | | following permits: | 20 | | (i) an NPDES permit in accordance with subsection | 21 | | (b) of this Section; | 22 | | (ii) a PSD permit or an NA NSR permit in accordance | 23 | | with Section 9.1 of this Act; | 24 | | (iii) a lifetime State operating permit or a | 25 | | federally enforceable State operating permit, in | 26 | | accordance with subsection (a) of this Section; or |
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| 1 | | (iv) a CAAPP permit, in accordance with Section | 2 | | 39.5 of this Act. | 3 | | All CCR surface impoundment permits shall contain those | 4 | | terms and conditions, including, but not limited to, schedules | 5 | | of compliance, which may be required to accomplish the | 6 | | purposes and provisions of this Act, Board regulations, the | 7 | | Illinois Groundwater Protection Act and regulations pursuant | 8 | | thereto, and the Resource Conservation and Recovery Act and | 9 | | regulations pursuant thereto, and may include schedules for | 10 | | achieving compliance therewith as soon as possible. | 11 | | The Board shall adopt filing requirements and procedures | 12 | | that are necessary and appropriate for the issuance of CCR | 13 | | surface impoundment permits and that are consistent with this | 14 | | Act or regulations adopted by the Board, and with the RCRA, as | 15 | | amended, and regulations pursuant thereto. | 16 | | The applicant shall make available to the public for | 17 | | inspection all documents submitted by the applicant to the | 18 | | Agency in furtherance of an application, with the exception of | 19 | | trade secrets, on its public internet website as well as at the | 20 | | office of the county board or governing body of the | 21 | | municipality where CCR from the CCR surface impoundment will | 22 | | be permanently disposed. Such documents may be copied upon | 23 | | payment of the actual cost of reproduction during regular | 24 | | business hours of the local office. | 25 | | The Agency shall issue a written statement concurrent with | 26 | | its grant or denial of the permit explaining the basis for its |
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| 1 | | decision. | 2 | | (Source: P.A. 101-171, eff. 7-30-19; revised 9-12-19.)
| 3 | | Section 15. The Criminal Code of 2012 is amended by | 4 | | changing Section 48-7 as follows: | 5 | | (720 ILCS 5/48-7) | 6 | | Sec. 48-7. Feeding garbage to animals. | 7 | | (a) Definitions. As used in this Section: | 8 | | "Department" means the Department of Agriculture of | 9 | | the State of
Illinois. | 10 | | "Garbage" has the same meaning as in the federal Swine | 11 | | Health Protection Act (7 U.S.C. 3802) and also includes | 12 | | putrescible vegetable waste. "Garbage" does not include | 13 | | the contents of the bovine digestive tract. | 14 | | "Person" means any person, firm, partnership, | 15 | | association, corporation,
or other legal entity, any | 16 | | public or private institution, the State, or any municipal | 17 | | corporation or political subdivision of the
State. | 18 | | (b) A person commits feeding garbage to animals when he or | 19 | | she feeds or permits the feeding of garbage to swine or any
| 20 | | animals or poultry on any farm or any other premises where | 21 | | swine are kept. | 22 | | (c) Establishments licensed under the Animal Mortality Act | 23 | | Illinois Dead Animal Disposal
Act or under similar laws in | 24 | | other states are exempt from the provisions of this Section. |
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| 1 | | (d) Nothing in this Section shall be construed to apply to | 2 | | any person who
feeds garbage produced in his or her own | 3 | | household to animals or poultry kept on
the premises where he | 4 | | or she resides except this garbage if fed to swine shall not
| 5 | | contain particles of meat. | 6 | | (e) Sentence. Feeding garbage to animals is a Class B | 7 | | misdemeanor, and for the first
offense shall be fined not less | 8 | | than $100 nor more than $500 and for a
second or subsequent | 9 | | offense shall be fined not less than $200 nor more
than $500 or | 10 | | imprisoned in a penal institution other than the penitentiary
| 11 | | for not more than 6 months, or both. | 12 | | (f) A person violating this Section may be enjoined by the | 13 | | Department from
continuing the violation. | 14 | | (g) The Department may make reasonable inspections | 15 | | necessary for the
enforcement of this Section, and is | 16 | | authorized to enforce, and administer the
provisions of this | 17 | | Section.
| 18 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-785, eff. 1-1-15 .)
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